Response to Comments Document for 2007 Extension of Global Lab and
Analytical Use Exemption Rule

One comment questioned whether any use of class I ozone depleting
chemicals is essential.

EPA believes that the uses provided for under the global laboratory and
analytical exemption are essential.  The Montreal Protocol specifically
provides for exemptions for essential uses, and Decisions of the Parties
– including Decision XIX/18 taken in 2007, provide for an extension
through 2011.  Decisions are based on scientific review of alternatives
to ozone depleting substances.  EPA notes that uses addressed under this
exemption are typically for niche applications or for experimental work
of importance to society.

One comment supported extending the global laboratory and analytical
exemption through 2015.

EPA is extending the global laboratory and analytical exemption through
2011.  In the proposed rule, EPA had considered extending the global
laboratory and analytical exemption through 2015.  However, EPA had
clearly stated that the final rule would align with decisions made at
the 19th Meeting of the Parties.  Then, Decision XIX/18 extended the
global laboratory and analytical exemption through 2011.  Therefore, in
the final rule, EPA is extending the global laboratory and analytical
exemption through 2011.  EPA notes that the decisions made by the
Parties take into the account recommendation of the Technology and
Economic Panel (TEAP).

One comment observed that TEAP will develop a list of laboratory and
analytical uses for which alternatives exist.  The comment further
stated that the 2011 extension will allow for an orderly response for
uses no longer deemed essential.

This rule is extending the global laboratory and essential use exemption
through 2011.  However, EPA notes that the TEAP may identify certain
uses for which alternatives exist at any time.  The Parties could then
decide that such uses are no longer essential and remove them from the
global laboratory and analytical use exemption.  The Parties could make
such decisions prior to 2011 and EPA may choose to amend our regulations
to mirror the Protocol.  Therefore, EPA cannot predict if all laboratory
and analytical uses currently classified as essential will remain on the
list of essential uses until the end of 2011.

One comment suggested that EPA describe how individual EPA test methods
are impacted by the rule and allow for comment on changes to the EPA
test methods.

EPA recognizes that this rule will impact federal government agencies
(including EPA), state governments, the private sector, and other
parties.  However, the purpose of this rule is to extend the global
laboratory and analytical use exemption as described.  This rule does
not present a clearinghouse of information regarding the impacts of this
rule.  Impacted entities are responsible for taking any necessary
actions to comply with rule, including EPA.  EPA notes that this rule
prohibits the production and import of new ozone depleting chemicals for
certain applications, but it does not regulate use of existing stocks of
chemicals.


[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Notices]
[Pages 72497-72498]
[FR Doc No: 2022-25739]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2022-0044; OMB No. 1660-0029]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Request for Use of NETC Facilities

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 60-Day notice of revision and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public to take this opportunity to comment on this
extension with change of a currently approved information collection.
In accordance with the Paperwork Reduction Act of 1995, this notice
seeks comments concerning the removal of use of the FEMA Form FF-USFA-
FY-21-108 (formerly 119-17-2), Request for Use of NETC Facilities due
to its antiquated information collection method and requirement. There
is no longer a need to formally require the use of this form in order
for a requestor to receive support for special groups using the
National Emergency Training Center (NETC).

DATES: Comments must be submitted on or before January 24, 2023.

ADDRESSES: To avoid duplicate submissions to the docket, please submit
comments at www.regulations.gov under Docket ID FEMA-2022-0044. Follow
the instructions for submitting comments.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy and
Security Notice that is available via a link on the homepage of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Merril Sollenberger, Administrative
Specialist, FEMA, U.S. Fire Administration,<PHONE_NUMBER>, or at
[email protected]. You may contact the Information

Management Division for copies of the proposed collection of
information at email address: [email protected].

SUPPLEMENTARY INFORMATION: The Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act) (42 U.S.C. 5121-5207)
authorizes the President to establish a program of disaster
preparedness that utilizes services of all appropriate agencies and
includes training and exercises. Section 611 of the Stafford Act (42
U.S.C. 5196) provides that the Federal Emergency Management Agency
(FEMA) may conduct training for the purpose of emergency preparedness.
In response, FEMA established the National Emergency Training Center
(NETC), located in Emmitsburg, Maryland. The NETC site has facilities
and housing available for those participating in preparedness training
and a request for use of these areas is required to be made in advance
for the need for such. The primary means of making advanced requests
for use of space at NETC is the use of email communication and this
typically includes the specifics for the use of NETC for date of
arrival and departure, how many participants, the requirement for
lodging to include how many people, room space required, meals
required, and equipment needed. These items that were required to be
captured by completing the Request For Use of NETC Facilities Form are
now captured within the content of the email communication. The
secondary means of making requests to use NETC space is by telephone
communication and those requirements are discussed in that manner.
    The NETC is a FEMA facility which houses all FEMA employees at
headquarters, regions, field establishments, and other individuals and
organizations authorized to use the facilities. The responsibilities,
procedures, and potential fees charged for using the NETC facilities
are identified in accordance with FEMA Directive Number 119-3, Facility
Use and Expenses at the National Emergency Training Center dated May
21, 2018. The NETC provides training and educational programs in
emergency response, preparedness, fire prevention and control, disaster
response, and long-term disaster recovery. The principal purpose of
FEMA Form FF-USFA-FY-21-107 (formerly 119-17-1), Request for Housing
Accommodations, is to request housing at the NETC, and the principal
purpose of FEMA Form FF-USFA-FY-21-108 (formerly 119-17-2), Request for
Use of NETC Facilities, is to conduct official business at the NETC.
    In accordance with the Paperwork Reduction Act of 1995, this notice
seeks comments concerning the removal of use of the FEMA Form FF-USFA-
FY-21-108 (formerly 119-17-2), Request For Use of NETC Facilities, due
to its antiquated information collection method and requirement. There
is no longer a need to formally require the use of this form in order
for a requestor to receive support for special groups using the NETC.

Collection of Information

    Title: Approval and Coordination of Requirements to Use the NETC
Extracurricular for Training Activities.
    Type of Information Collection: Extension, with change, of a
currently approved collection.
    OMB Number: 1660-0029.
    FEMA Forms: FEMA Form FF-USFA-FY-21-107 (formerly 119-17-1),
Request for Housing Accommodations.
    Abstract: In accordance with FEMA Directive 119-3: Facility Use and
Expenses at the National Emergency Training Center dated May 21, 2018,
FEMA Form USFA-FY-21-107 (formerly 119-17-1), Request for Housing
Accommodations, has been applied for functions at NETC.
    Affected Public: Individuals or households, Not-for-profit
institutions, Federal Government.
    Estimated Number of Respondents: 60.
    Estimated Number of Responses: 60.
    Estimated Total Annual Burden Hours: 6.
    Estimated Total Annual Respondent Cost: $182.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $841.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2022-25739 Filed 11-23-22; 8:45 am]
BILLING CODE 9111-45-P


[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Rules and Regulations]
[Pages 28733-28735]
[FR Doc No: 2013-11628]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 880

[Docket No. FDA-2013-M-0042]

Medical Devices; General Hospital and Personal Use Monitoring
Devices; Classification of the Ingestible Event Marker

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is classifying the
ingestible event marker into class II (special controls). The Agency is
classifying the device into class II (special controls) in order to
provide a reasonable assurance of safety and effectiveness of the
device.

DATES: This order is effective June 17, 2013. The classification was
applicable beginning July 10, 2012.

FOR FURTHER INFORMATION CONTACT: James Cheng, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1326, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with section 513(f)(1) of the Federal Food, Drug, and
Cosmetic Act (the FD&C Act) (21 U.S.C. 360c(f)(1)), devices that were
not in commercial distribution before May 28, 1976 (the date of
enactment of the Medical Device Amendments of 1976), generally referred
to as postamendments devices, are classified automatically by statute
into class III without any FDA rulemaking process. These devices remain
in class III and require premarket approval, unless and until the
device is classified or reclassified into class I or II, or FDA issues
an order finding the device to be substantially equivalent, in
accordance with section 513(i) of the FD&C Act, to a predicate device
that does not require premarket approval. The Agency determines whether
new devices are substantially equivalent to predicate devices by means
of premarket notification procedures in section 510(k) of the FD&C Act
(21 U.S.C. 360(k)) and part 807 (21 CFR part 807) of the regulations.
    Section 513(f)(2) of the FD&C Act, as amended by section 607 of the
Food and Drug Administration Safety and Innovation Act (Pub. L. 112-
144, July 9, 2012, 126 Statute 1054), provides two procedures by which
a person may request FDA to classify a device under the criteria set
forth in section 513(a)(1). Under the first procedure, the person
submits a premarket notification under section 510(k) of the FD&C Act
for a device that has not previously been classified and, within 30
days of receiving an order classifying the device into class III under
section 513(f)(1) of the FD&C Act, the person requests a classification
under section 513(f)(2). Under the second procedure, rather than first
submitting a premarket notification under section 510(k) and then a
request for classification under the first procedure, the person
determines that there is no legally marketed device upon which to base
a determination of substantial equivalence and requests a
classification under section 513(f)(2) of the FD&C Act. If the person
submits a request to classify the device under this second procedure,
FDA may decline to undertake the classification request if FDA
identifies a legally marketed device that could provide a reasonable
basis for review of substantial equivalence with the device or if FDA
determines that the device submitted is not of ``low-moderate risk'' or
that general controls would be inadequate to control the risks and
special controls to mitigate the risks cannot be developed.
    In response to a request to classify a device under either
procedure provided by section 513(f)(2) of the FD&C Act, FDA will
classify the device by written order within 120 days. This
classification will be the initial classification of the device. Within
30 days after the issuance of an order classifying the device, FDA must
publish a notice in the Federal Register announcing this
classification.
    In accordance with section 513(f)(1) of the FD&C Act, FDA issued an
order on May 7, 2012, classifying the Proteus Personal Monitor
including ingestible event marker into class III, because it was not
substantially equivalent to a device that was introduced or delivered
for introduction into interstate commerce for commercial distribution
before May 28, 1976, or a device which was subsequently reclassified
into class I or class II. On May 14, 2012, Proteus Biomedical, Inc.,
submitted a petition requesting classification of the Proteus Personal
Monitor including ingestible event marker under section 513(f)(2) of
the FD&C Act. The manufacturer recommended that the device be
classified into class II (Ref. 1).
    In accordance with section 513(f)(2) of the FD&C Act, FDA reviewed
the petition in order to classify the device under the criteria for
classification set forth in section 513(a)(1) of the FD&C Act. FDA
classifies devices into class II if general controls by themselves are
insufficient to provide reasonable assurance of safety and
effectiveness, but there is sufficient information to establish special
controls to provide reasonable assurance of the safety and
effectiveness of the device for its intended use. After review of the
information submitted in the petition and the medical literature, FDA
determined that the device can be classified into class II with the
establishment of special controls. FDA believes these special controls
will provide reasonable assurance of the safety and effectiveness of
the device.
    The device is assigned the generic name ingestible event marker,
and it is identified as a prescription device used to record time-
stamped, patient-logged events. The ingestible component links
wirelessly through intrabody communication to an external recorder
which records the date and time of ingestion as well as the unique
serial number of the ingestible device.
    FDA has identified the following risks to health associated with
this type of

device and the measures required to mitigate these risks:

     Table 1--Ingestible Event Marker Risks and Mitigation Measures
------------------------------------------------------------------------
            Identified risks                   Mitigation measures
------------------------------------------------------------------------
Adverse tissue reaction................  Biocompatibility Testing.
                                         Labeling (dose limits).
Systemic toxicity......................  Toxicology Testing.
                                         Labeling (dose limits).
Electromagnetic incompatibility........  Electromagnetic Compatibility
                                          Testing.
                                         Wireless Testing.
                                         Labeling.
Electrical safety issues...............  Electrical Safety Testing.
                                         Labeling.
Electrical/Mechanical failure..........  Nonclinical Performance
                                          Testing.
Failure to mark event..................  Nonclinical Performance
                                          Testing.
                                         Clinical Evaluation.
Failure to excrete.....................  Animal Testing.
Usability..............................  Human Factors Testing.
                                         Labeling.
------------------------------------------------------------------------

FDA believes that the following special controls, in addition to the
general controls, address these risks to health and provide reasonable
assurance of safety and effectiveness:
    1. The device must be demonstrated to be biocompatible and non-
toxic;
    2. Nonclinical, animal, and clinical testing must provide a
reasonable assurance of safety and effectiveness, including device
performance, durability, compatibility, usability (human factors
testing), event recording, and proper excretion of the device;
    3. Appropriate analysis and nonclinical testing must validate
electromagnetic compatibility performance, wireless performance, and
electrical safety; and
    4. Labeling must include a detailed summary of the nonclinical and
clinical testing pertinent to use of the device and the maximum number
of daily device ingestions.
    Ingestible event markers are prescription devices restricted to
patient use only upon the authorization of a practitioner licensed by
law to administer or use the device. (Proposed Sec.  880.6305(a) (21
CFR 880.6305(a)); see section 520(e) of the FD&C Act (21 U.S.C.
360j(e)) and Sec.  801.109 (21 CFR 801.109) (Prescription devices).)
Prescription-use restrictions are a type of general controls authorized
under section 520(e) and defined as a general control in section
513(a)(1)(A)(i) of the FD&C Act.
    Therefore, on July 10, 2012, FDA issued an order to the petitioner
classifying the device into class II. FDA is codifying the
classification of the device by adding Sec.  880.6305.
    Following the effective date of this final classification
administrative order, any firm submitting a 510(k) premarket
notification for an ingestible event marker will need to comply with
the special controls named in the final administrative order.
    Section 510(m) of the FD&C Act provides that FDA may exempt a class
II device from the premarket notification requirements under section
510(k) of the FD&C Act if FDA determines that premarket notification is
not necessary to provide reasonable assurance of the safety and
effectiveness of the device. For this type of device, FDA has
determined that premarket notification is necessary to provide
reasonable assurance of the safety and effectiveness of the device.
Therefore, this device type is not exempt from premarket notification
requirements. Persons who intend to market this type of device must
submit to FDA a premarket notification prior to marketing the device,
which contains information about the ingestible event marker they
intend to market.

II. Environmental Impact

    The Agency has determined under 21 CFR 25.34(b) that this action is
of a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

III. Paperwork Reduction Act of 1995

    This final administrative order establishes special controls that
refer to previously approved collections of information found in other
FDA regulations. These collections of information are subject to review
by the Office of Management and Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of
information in part 807, subpart E, regarding premarket notification
submissions have been approved under OMB control number 0910-0120, and
the collections of information in 21 CFR part 801, regarding labeling,
have been approved under OMB control number 0910-0485.

IV. Reference

    The following reference has been placed on display in the Division
of Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, Rm. 1061, Rockville, MD 20852, and may be seen by
interested persons between 9 a.m. and 4 p.m., Monday through Friday,
and is available electronically at http://www.regulations.gov.

1. Petition: Request for Evaluation of Automatic Class III
Designation Under Section 513(f)(2) of the Federal Food, Drug, and
Cosmetic Act From Proteus Biomedical, Inc., dated May 9, 2012.

List of Subjects in 21 CFR Part 880

    Medical devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
880 is amended as follows:

PART 880--GENERAL HOSPITAL AND PERSONAL USE DEVICES

0
1. The authority citation for 21 CFR part 880 continues to read as
follows:

    Authority: 21 U.S.C. 351, 360, 360c, 360e, 360j, 371.

0
2. Add Sec.  880.6305 to subpart G to read as follows:

Sec.  880.6305  Ingestible event marker.

    (a) Identification. An ingestible event marker is a prescription
device used to record time-stamped, patient-logged events. The
ingestible component links wirelessly through intrabody communication
to an external recorder which records the date and time of ingestion as
well as the unique serial number of the ingestible device.
    (b) Classification. Class II (special controls). The special
controls for this device are:
    (1) The device must be demonstrated to be biocompatible and non-
toxic;
    (2) Nonclinical, animal, and clinical testing must provide a
reasonable assurance of safety and effectiveness, including device
performance, durability, compatibility, usability (human factors
testing), event recording, and proper excretion of the device;
    (3) Appropriate analysis and nonclinical testing must validate
electromagnetic compatibility performance, wireless performance, and
electrical safety; and
    (4) Labeling must include a detailed summary of the nonclinical and
clinical testing pertinent to use of the device and the maximum number
of daily device ingestions.

    Dated: May 10, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-11628 Filed 5-15-13; 8:45 am]
BILLING CODE 4160-01-P


species stage year impinged. est entrained. est junk junk  999  999  999.00 atlantic. menhaden age01 1976 372,098 na gizzard. shad age01 1976 21,549 na bay. anchovy age01 1976 33,828 na white. perch age01 1976 18,178 na striped. bass age01 1976 291 na spot age01 1976 133,103 na hogchoker age01 1976  na blue. crab age01 1976 2,699 na other. fish age01 1976 11,676 na alewife larvae 1976 na 53280.00 atlantic. croaker juv 1976 na 28600.00 atlantic. menhaden juv 1976 na 3026000.00 atlantic. silverside larvae 1976 na 7480000.00 atlantic. silverside juv 1976 na 198000.00 bay. anchovy egg 1976 na 35040000.00 bay. anchovy larvae 1976 na 6240000.00 bay. anchovy juv 1976 na 1650000.00 naked. goby larvae 1976 na 77700000.00 naked. goby juv 1976 na 3450000.00 spot juv 1976 na 2482.00 striped. bass egg 1976 na 24000.00 striped. bass larvae 1976 na 124800.00 striped. bass juv 1976 na 3080.00 white. perch larvae 1976 na 1290.00 white. perch juv 1976 na 3052.00 notes notes. 2 junk junk Calculated base on RM# 29704 App. 18c. Pct surv from pg 18 27 Adjusted for annual estimate Calculated base on RM# 29704 App. 18c. Pct surv from pg 18 27 Adjusted for annual estimate Calculated base on RM# 29704 App. 18c. Pct surv from pg 18 27 Adjusted for annual estimate Calculated base on RM# 29704 App. 18c. Pct surv from pg 18 27 Adjusted for annual estimate Calculated base on RM# 29704 App. 18c. Pct surv from pg 18 27 Adjusted for annual estimate Calculated base on RM# 29704 App. 18c. Pct surv from pg 18 27 Adjusted for annual estimate Calculated base on RM# 29704 App. 18c. Pct surv from pg 18 27 Adjusted for annual estimate Calculated base on RM# 29704 App. 18c. Pct mort from pg 18 28 (< 1%) Adjusted for annual estimate Calculated base on RM# 29704 App. 18c. Pct surv from pg 18 27 Adjusted for annual estimate rm 22706 = polgar1979 precalcs in worksheet precalc. polgar . rm 22706 = polgar1979 precalcs in worksheet precalc. polgar . rm 22706 = polgar1979 precalcs in worksheet precalc. polgar . rm 22706 = polgar1979 precalcs in worksheet precalc. polgar . rm 22706 = polgar1979 precalcs in worksheet precalc. polgar . rm 22706 = polgar1979 precalcs in worksheet precalc. polgar may include " plume entrainment" rm 22706 = polgar1979 precalcs in worksheet precalc. polgar . rm 22706 = polgar1979 precalcs in worksheet precalc. polgar may include " plume entrainment" rm 22706 = polgar1979 precalcs in worksheet precalc. polgar . rm 22706 = polgar1979 precalcs in worksheet precalc. polgar . rm 22706 = polgar1979 precalcs in worksheet precalc. polgar may include " plume entrainment" rm 22706 = polgar1979 precalcs in worksheet precalc. polgar . rm 22706 = polgar1979 precalcs in worksheet precalc. polgar may include " plume entrainment" rm 22706 = polgar1979 precalcs in worksheet precalc. polgar may include " plume entrainment" rm 22706 = polgar1979 precalcs in worksheet precalc. polgar . rm 22706 = polgar1979 precalcs in worksheet precalc. polgar may include " plume entrainment" QC junk H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 H. Browning, 7/ 15/ 03 DCTM_ ARP. xls Losses data for Morgantown A. Gage, 6/ 27/ 03 Worksheet species. list compiled by M. Barron, 10/ 9/ 02 ( for the purpose of putting together a species list to send to Abt)

Worksheet Description Notes QC losses Final compiled losses worksheet for use with model. May need to modify yes HSB 1975. imp Impingement data for 1975 from RM# 29704 ( pg. 17 27). NOT USED. . not. yet 1976 77. imp Impingement data for 1976 from RM# 29704 ( pg. 18 27) . yes HSB precalc. polgar Enter density data from Tables 16 2, 16 3 of RM# 29704 ? DC is deciding on this data yes HSB polgar. ent RM# 22706. Pg A 14 to A 63. NOT used yes HSB Stratus Consulting, Inc. Confidential 6/ 27/ 2006 Page 4 species stage march. 1975 june. 1975 july. 1975 aug. 1975 sept. 1975 oct. 1975 nov. 1975 atlantic. croaker age01 99. . . . . . bluegill age01 33. . . . . . clingfish age01 33. . . . . . mummichog age01 33. . . . . . northern. pipefish age01 98. . . . . . skilletfish age01 33. . . . . . striped. bass age01 66. . . . . . american. eel age01 261 . . 137 . . . pumpkinseed age01 294. . . . . 26 gizzard. shad age01 1077 . . . 37 53 26 hogchoker age01 33 1466 454 . . 159 128 blueback. herring age01 5518 1140 114. . . . atlantic. menhaden age01 63174 315054 16416 3436 2062 3874 2659 white. perch age01 56319 814 1315 412 553 318 332 spot age01 130 195667 1258 137 74 159 665 bay. anchovy age01 . 30457 343 . 37 106 26 alewife age01 . . 9895 1099 37 690 409 silver. perch age01 . . . 137 . . . bluefish age01 . . . . . . .

DO NOT USE dec. 1975 sum. 1975 notes pct. survival surv. source . 99 RM# 29704 pg. 17 27 55 RM# 29704 pg. 18 27 . 33 RM# 29704 pg. 17 27 55 RM# 29704 pg. 18 27 . 33 RM# 29704 pg. 17 27 55 RM# 29704 pg. 18 27 . 33 RM# 29704 pg. 17 27 55 RM# 29704 pg. 18 27 . 98 RM# 29704 pg. 17 27 55 RM# 29704 pg. 18 27 . 33 RM# 29704 pg. 17 27 55 RM# 29704 pg. 18 27 . 66 RM# 29704 pg. 17 27 67 RM# 29704 pg. 18 27 . 398 RM# 29704 pg. 17 27 55 RM# 29704 pg. 18 27 . 320 RM# 29704 pg. 17 27 55 RM# 29704 pg. 18 27 . 1193 RM# 29704 pg. 17 27 82 RM# 29704 pg. 18 27 270 2510 RM# 29704 pg. 17 27 100 RM# 29704 pg. 18 27 . 6772 RM# 29704 pg. 17 27 55 RM# 29704 pg. 18 27 7701 414376 RM# 29704 pg. 17 27 50 RM# 29704 pg. 18 27 585 60648 RM# 29704 pg. 17 27 81 RM# 29704 pg. 18 27 2882 200972 RM# 29704 pg. 17 27 48 RM# 29704 pg. 18 27 . 30969 RM# 29704 pg. 17 27 21 RM# 29704 pg. 18 27 1216 13346 RM# 29704 pg. 17 27 55 RM# 29704 pg. 18 27 . 137 RM# 29704 pg. 17 27 55 RM# 29704 pg. 18 27 45 45 RM# 29704 pg. 17 27 55 RM# 29704 pg. 18 27 species stage date impinged. est entrained. est source atlantic. menhaden age01 5/ 15/ 76 5/ 28/ 77 759,680 na RM# 29704 pg. 18 46; pg. 18 28 gizzard. shad age01 5/ 15/ 76 5/ 28/ 77 120,302 na RM# 29704 pg. 18 46; pg. 18 28 bay. anchovy age01 5/ 15/ 76 5/ 28/ 77 47,851 na RM# 29704 pg. 18 46; pg. 18 28 white. perch age01 5/ 15/ 76 5/ 28/ 77 96,993 na RM# 29704 pg. 18 46; pg. 18 28 striped. bass age01 5/ 15/ 76 5/ 28/ 77 881 na RM# 29704 pg. 18 46; pg. 18 28 spot age01 5/ 15/ 76 5/ 28/ 77 286,869 na RM# 29704 pg. 18 46; pg. 18 28 hogchoker age01 5/ 15/ 76 5/ 28/ 77 36,167 na RM# 29704 pg. 18 46; pg. 18 28 blue. crab age01 5/ 15/ 76 5/ 28/ 77 280,704 na RM# 29704 pg. 18 46; pg. 18 28 total. fish age01 5/ 15/ 76 5/ 28/ 77 1,375,281 na RM# 29704 pg. 18 46; pg. 18 28 other. fish age01 5/ 15/ 76 5/ 28/ 77 26,538 na RM# 29704 pg. 18 46; pg. 18 28 atlantic. menhaden age01 5/ 15/ 76 6/ 17/ 76 47,232 na RM# 29704 pg. 18 44 gizzard. shad age01 5/ 15/ 76 6/ 17/ 76 2,919 na RM# 29704 pg. 18 44 bay. anchovy age01 5/ 15/ 76 6/ 17/ 76 22,383 na RM# 29704 pg. 18 44 white. perch age01 5/ 15/ 76 6/ 17/ 76 4,347 na RM# 29704 pg. 18 44 striped. bass age01 5/ 15/ 76 6/ 17/ 76  na RM# 29704 pg. 18 44 spot age01 5/ 15/ 76 6/ 17/ 76 121,260 na RM# 29704 pg. 18 44 hogchoker age01 5/ 15/ 76 6/ 17/ 76 7,720 na RM# 29704 pg. 18 44 blue. crab age01 5/ 15/ 76 6/ 17/ 76 42,756 na RM# 29704 pg. 18 44 total. fish age01 5/ 15/ 76 6/ 17/ 76 208,524 na RM# 29704 pg. 18 44 other. fish age01 5/ 15/ 76 6/ 17/ 76 2,663 na RM# 29704 pg. 18 44 atlantic. menhaden age01 4/ 25/ 77 5/ 28/ 77 30,188 na RM# 29704 pg. 18 46 gizzard. shad age01 4/ 25/ 77 5/ 28/ 77  na RM# 29704 pg. 18 46 bay. anchovy age01 4/ 25/ 77 5/ 28/ 77 2,771 na RM# 29704 pg. 18 46 white. perch age01 4/ 25/ 77 5/ 28/ 77 2,240 na RM# 29704 pg. 18 46 striped. bass age01 4/ 25/ 77 5/ 28/ 77  na RM# 29704 pg. 18 46 spot age01 4/ 25/ 77 5/ 28/ 77 33,253 na RM# 29704 pg. 18 46 hogchoker age01 4/ 25/ 77 5/ 28/ 77 15,153 na RM# 29704 pg. 18 46 blue. crab age01 4/ 25/ 77 5/ 28/ 77 11,026 na RM# 29704 pg. 18 46 total. fish age01 4/ 25/ 77 5/ 28/ 77 83,900 na RM# 29704 pg. 18 46 other. fish age01 4/ 25/ 77 5/ 28/ 77 295 na RM# 29704 pg. 18 46 atlantic. menhaden age01 5/ 22/ 76 5/ 22/ 77 744,196 na Calculated base on RM# 29704 App. 1 gizzard. shad age01 5/ 22/ 76 5/ 22/ 77 119,718 na Calculated base on RM# 29704 App. 1 bay. anchovy age01 5/ 22/ 76 5/ 22/ 77 42,820 na Calculated base on RM# 29704 App. 1 white. perch age01 5/ 22/ 76 5/ 22/ 77 95,676 na Calculated base on RM# 29704 App. 1 striped. bass age01 5/ 22/ 76 5/ 22/ 77 881 na Calculated base on RM# 29704 App. 1 spot age01 5/ 22/ 76 5/ 22/ 77 255,966 na Calculated base on RM# 29704 App. 1 hogchoker age01 5/ 22/ 76 5/ 22/ 77 31,592 na Calculated base on RM# 29704 App. 1 blue. crab age01 5/ 22/ 76 5/ 22/ 77 269,948 na Calculated base on RM# 29704 App. 1 total. fish age01 5/ 22/ 76 5/ 22/ 77 1,316,796 na Calculated base on RM# 29704 App. 1 other. fish age01 5/ 22/ 76 5/ 22/ 77 25,946 na Calculated base on RM# 29704 App. 1 notes pct. survival surv. source final. impinged. est QC not actually reported as annualized 50 RM# 29704 pg. 18 27 379840 not. yet not actually reported as annualized 82 RM# 29704 pg. 18 27 21654.36 not. yet not actually reported as annualized 21 RM# 29704 pg. 18 27 37802.29 not. yet not actually reported as annualized 81 RM# 29704 pg. 18 27 18428.67 not. yet not actually reported as annualized 67 RM# 29704 pg. 18 27 290.73 not. yet not actually reported as annualized 48 RM# 29704 pg. 18 27 149171.88 not. yet not actually reported as annualized 100 RM# 29704 pg. 18 27 0 not. yet not actually reported as annualized 99 RM# 29704 pg. 18 28 (< 1 2807.04 not. yet not actually reported as annualized . . # VALUE! not. yet not actually reported as annualized 55 RM# 29704 pg. 18 27 11942.1 not. yet Use to adjust to annual estimate by multip 50 RM# 29704 pg. 18 27 23616 not. yet Use to adjust to annual estimate by multip 82 RM# 29704 pg. 18 27 525.42 not. yet Use to adjust to annual estimate by multip 21 RM# 29704 pg. 18 27 17682.57 not. yet Use to adjust to annual estimate by multip 81 RM# 29704 pg. 18 27 825.93 not. yet Use to adjust to annual estimate by multip 67 RM# 29704 pg. 18 27 0 not. yet Use to adjust to annual estimate by multip 48 RM# 29704 pg. 18 27 63055.2 not. yet Use to adjust to annual estimate by multip 100 RM# 29704 pg. 18 27 0 not. yet Use to adjust to annual estimate by multip 99 RM# 29704 pg. 18 28 (< 1 427.56 not. yet Use to adjust to annual estimate by multip. . # VALUE! not. yet Use to adjust to annual estimate by multip 55 RM# 29704 pg. 18 27 1198.35 not. yet Use to adjust to annual estimate by multip 50 RM# 29704 pg. 18 27 15094 not. yet Use to adjust to annual estimate by multip 82 RM# 29704 pg. 18 27 0 not. yet Use to adjust to annual estimate by multip 21 RM# 29704 pg. 18 27 2189.09 not. yet Use to adjust to annual estimate by multip 81 RM# 29704 pg. 18 27 425.6 not. yet Use to adjust to annual estimate by multip 67 RM# 29704 pg. 18 27 0 not. yet Use to adjust to annual estimate by multip 48 RM# 29704 pg. 18 27 17291.56 not. yet Use to adjust to annual estimate by multip 100 RM# 29704 pg. 18 27 0 not. yet Use to adjust to annual estimate by multip 99 RM# 29704 pg. 18 28 (< 1 110.26 not. yet Use to adjust to annual estimate by multip. . # VALUE! not. yet Use to adjust to annual estimate by multip 55 RM# 29704 pg. 18 27 132.75 not. yet Adjusted for annual estimate 50 RM# 29704 pg. 18 27 372098 not. yet Adjusted for annual estimate 82 RM# 29704 pg. 18 27 21549.276 not. yet Adjusted for annual estimate 21 RM# 29704 pg. 18 27 33827.958 not. yet Adjusted for annual estimate 81 RM# 29704 pg. 18 27 18178.364 not. yet Adjusted for annual estimate 67 RM# 29704 pg. 18 27 290.73 not. yet Adjusted for annual estimate 48 RM# 29704 pg. 18 27 133102.528 not. yet Adjusted for annual estimate 100 RM# 29704 pg. 18 27 0 not. yet Adjusted for annual estimate 99 RM# 29704 pg. 18 28 (< 1 2,699.48 not. yet Adjusted for annual estimate . . # VALUE! not. yet Adjusted for annual estimate 55 RM# 29704 pg. 18 27 11675.88 not. yet ***** Draft Confidential and Deliberative ; Do not Cite or Quote *****

polgar et al 1979 rm 22706; from table 5 and text on each individual species species stage loss. pct standing stock text loss calcloss recalc losspct species stage calcloss alewife egg 0 0 alewife larvae 53,280 alewife larvae 0.0072 7.40E+ 08 53,280 atlantic croaker juv 28,600 alewife postlarvae 0.016 0 atlantic menhaden juv 3,026,000 atlantic croaker egg 0 0 atlantic silverside larvae 7,480,000 atlantic croaker larvae 0 0 atlantic silverside juv 198,000 atlantic croaker postlarvae 0.22 1.30E+ 07 27,000 28,600 bay anchovy egg 35,040,000 atlantic menhaden egg 0 0 bay anchovy larvae 6,240,000 atlantic menhaden larvae 0 0 bay anchovy juv 1,650,000 atlantic menhaden postlarvae 0.89 3.40E+ 08 3,000,000 3,026,000 naked goby larvae 77,700,000 bay anchovy egg 0.048 7.30E+ 10 35,040,000 naked goby juv 3,450,000 bay anchovy larvae 1.2 5.20E+ 08 6,240,000 spot juv 2,482 bay anchovy postlarvae 1.1 1.50E+ 08 1,650,000 striped bass egg 24,000 catfish egg 0 0 striped bass larvae 124,800 catfish larvae 0 0 striped bass juv 3,080 catfish postlarvae 0 0 white perch larvae 1,290 killifish egg 0 0 white perch juv 3,052 killifish larvae 0 0 killifish postlarvae 0 0 macoma balthica egg 0 0 macoma balthica larvae 0.00021 0 macoma balthica postlarvae 0 0 mya arenaria egg 0 0 mya arenaria larvae 0 0 mya arenaria postlarvae 0 0 naked goby egg 0 0 naked goby larvae 2.1 3.70E+ 09 77,700,000 naked goby postlarvae 2.3 1.50E+ 08 3,450,000 oyster egg 0 0 oyster larvae 0.00008 0 oyster postlarvae 0 0 rangia cuneata egg 0 0 rangia cuneata larvae 0.0003 0 rangia cuneata postlarvae 0 0 shad egg 0 0 shad larvae 0 0 shad postlarvae 0 0 atlantic silverside egg 0 0 atlantic silverside larvae 1.1 6.80E+ 08 7,480,000 atlantic silverside postlarvae 0.9 2.20E+ 07 198,000 spot egg 0 0 spot larvae 0 0 spot postlarvae 0.073 3.40E+ 06 2,482 striped bass egg 0.002 1.20E+ 09 22,200 24,000 0.0019%

striped bass larvae 0.12 1.04E+ 08 124,800 striped bass postlarvae 0.004 7.70E+ 07 3,080 summer flounder egg 0 0 summer flounder larvae 0 0 summer flounder postlarvae 0 0 weakfish egg 0 0 weakfish larvae 0 0 weakfish postlarvae 0.0004 0 0 white perch egg 0 0 white perch larvae 0.0003 4.30E+ 08 1,290 white perch postlarvae 0.0028 1.09E+ 08 3,052 winter flounder egg 0 0 winter flounder larvae 0 0 winter flounder postlarvae 0 0 yellow perch egg 0 0 yellow perch larvae 0 0 yellow perch postlarvae 0 0 DCTM_ ARP. xls ; precalc. polgar page 9 of 11 6/ 27/ 2006 species stage year standing. stock pct. loss entrained. est source striped. bass eggs 1976 . . 22,200 RM# 22706. Pg A 14 striped. bass larvae 1976 104,000,000 0.12 124,800 RM# 22706. Pg A 14 striped. bass juv 1976 77,000,000 0.004 3,080 RM# 22706. Pg A 14 to A 15 atlantic. croaker juv 1976 . . 27,000 RM# 22706. Pg A 19 white. perch larvae 1976 5,300,000,000 0.0003 15,900 RM# 22706. Pg A 22 white. perch juv 1976 109,000,000 0.003 3,270 RM# 22706. Pg A 22 atlantic. menhaden postlarvae 1976 . . 3,000,000 RM# 22706. Pg A 37 spot juv 1976 34,000,000 0.07 23,800 RM# 22706. Pg A 40 bay. anchovy larvae 1976 520,000,000 1.2 6,240,000 RM# 22706. Pg A 48 bay. anchovy postlarvae 1976 150,000,000 1.1 1,650,000 RM# 22706. Pg A 48 silversides larvae 1976 680,000,000 1.1 7,480,000 RM# 22706. Pg A 51 silversides juv 1976 22,000,000 0.9 198,000 RM# 22706. Pg A 52 naked. goby larvae 1976 3,700,000,000 2.1 77,700,000 RM# 22706. Pg A 63 naked. goby juv 1976 150,000,000 2.3 3,450,000 RM# 22706. Pg A 63 notes Plume entrainment not included Both CWIS and plume entrainmt combined!! Both CWIS and plume entrainmt combined!! Plume entrainment not included Plume entrainment not included Both CWIS and plume entrainmt combined!! Plume entrainment not included Both CWIS and plume entrainmt combined!! Plume entrainment not included Both CWIS and plume entrainmt combined!! Plume entrainment not included Both CWIS and plume entrainmt combined!! Plume entrainment not included Plume entrainment not included


[Federal Register: September 22, 2009 (Volume 74, Number 182)]
[Notices]
[Page 48246-48247]
[DOCID:fr22se09-53]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13504-000]

Lock+\TM\ Hydro Friends Fund XVI, LLC; Notice of Preliminary
Permit Application Accepted for Filing and Soliciting Comments, Motions
To Intervene, and Competing Applications

September 15, 2009.
    On June 9, 2009, Lock+\TM\ Hydro Friends Fund XVI, LLC filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act, proposing to study the feasibility of the Granny
Smith Project, located on the Verdigris River, in Wagoner County,
Oklahoma. The sole purpose of a preliminary permit, if issued, is to
grant the permit holder priority to file a license application during
the permit term. A preliminary permit does not authorize the permit
holder to perform any land disturbing activities or otherwise enter
upon lands or waters owned by others without the owners' express
permission.
    The proposed project would consist of the following:
    (1) 2 lock frame modules; (2) 18 hydropower turbines; (3) flow
control doors; (4) a conduit; (5) transmission line; and (6)
appurtenant facilities. The proposed Granny Smith Project would have an
average annual generation of 284,018,400 kilowatt-hours.

    Applicant Contact: Wayne F. Krause, Hydro Green Energy, LLC,
Lock+\TM\ Hydro Friends Fund, LLC, 5090 Richmond Avenue 390,
Houston, TX 77056.
    FERC Contact: Allyson Conner,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov/docs-filing/ferconline.asp) under the ``eFiling''
link. For a simpler method of submitting text only comments, click on
``Quick Comment.'' For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>call toll-free at<PHONE_NUMBER>; or,
for TTY, contact<PHONE_NUMBER>. Although the Commission strongly
encourages electronic filing, documents may also be paper-filed. To
paper-file, mail an original and eight copies to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13504) in the docket number field to access
the document. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-22710 Filed 9-21-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Rules and Regulations]
[Pages 81378-81381]
[FR Doc No: 2020-27628]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0592; Project Identifier AD-2020-00251-E;
Amendment 39-21352; AD 2020-25-10]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
General Electric Company (GE) GEnx-1B64/P2, GEnx-1B67/P2, GEnx-1B70/75/
P2, GEnx-1B70/P2, GEnx-1B70C/P2, GEnx-1B74/75/P2, GEnx-1B76/P2, GEnx-
1B76A/P2, and GEnx-2B67/P model turbofan engines with a certain high-
pressure turbine (HPT) rotor stage 2 disk installed. This AD was
prompted by a report of the potential for undetected subsurface
anomalies formed during the manufacturing process that could result in
uncontained failure of the HPT rotor stage 2 disk. This AD requires an
immersion ultrasonic inspection (USI) of the HPT rotor stage 2 disk
and, depending on the results of the inspection, replacement of the HPT
rotor stage 2 disk with a part eligible for installation. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 21, 2021.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 21,
2021.

ADDRESSES: For service information identified in this final rule,
contact General Electric Company, GE Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>You may view this service information at
the FAA, Airworthiness Products Section, Operational Safety Branch,
1200 District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-0592.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0592; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Mehdi Lamnyi, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all GE GEnx-1B64/P2,
GEnx-1B67/P2, GEnx-1B70/75/P2, GEnx-1B70/P2, GEnx-1B70C/P2, GEnx-1B74/
75/P2, GEnx-1B76/P2, GEnx-1B76A/P2, and GEnx-2B67/P model turbofan
engines with a certain HPT rotor stage 2 disk installed. The NPRM
published in the Federal Register on June 12, 2020 (85 FR 35816). The
NPRM was prompted by a report of the potential for undetected
subsurface anomalies formed during the manufacturing process that could
result in uncontained failure of the HPT rotor stage 2 disk. In the
NPRM, the FAA proposed to require an immersion USI of the HPT rotor
stage 2 disk and, depending on the results of the inspection,
replacement of the HPT rotor stage 2 disk with a part eligible for
installation. The FAA is issuing this AD to address the unsafe
condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from six commenters. The commenters were
Air Line Pilots Association, International (ALPA); The Boeing Company
(Boeing); Cargolux Airlines International S.A. (Cargolux); GE Aviation;
United Airlines (UAL) Engineering; and Qantas Airways Limited (Qantas).
One commenter requested that the FAA update the Affected ADs paragraph
of this AD. One commenter requested that the HPT rotor stage 2 disks be
replaced instead of inspected. One commenter requested that the FAA
update the Definitions paragraph of this AD. Two commenters requested
adding credit for previous action. Three commenters supported the AD.
The following presents the comments received on the NPRM and the FAA's
response to each comment.

Request To Update Affected ADs

    UAL Engineering requested that the FAA update paragraph (b),
Affected ADs, of this AD to note the impact of the reduced life limits
imposed by AD 2020-20-11 (85 FR 60898, September 29, 2020) (AD 2020-20-
11) when complying with this AD. UAL Engineering reasoned that multiple
HPT rotor stage 2 disks are affected by both rules, and leaving
paragraph (b) blank creates ambiguity for operators generating
compliance documentation for the dual-affected disks and engines.
    The FAA disagrees. Paragraph (b) of this AD identifies superseded
or revised ADs, or other ADs if the requirements of those ADs are
affected (i.e., terminating actions). This AD does not meet any of
those conditions. Although this AD affects certain HPT rotor stage 2
disks that also affected AD 2020-20-11, the ADs address separate root
causes and have different compliance actions and times. To comply with
this AD, the affected HPT rotor stage 2 disks must be inspected and
replaced if a rejectable indication is found. If, in accordance with AD
2020-20-11, an affected HPT rotor stage 2 disk has already been removed
from service, then no further action is necessary to comply with the
requirements of this AD.

Request To Replace Certain HPT Rotor Stage 2 Disks

    GE Aviation requested that HPT rotor stage 2 disks with serial
numbers TMT3UA34, TMT3UA55, TMT4CT46, or TMT4CT47, be replaced instead
of inspected. GE reasoned that AD 2020-20-11 supersedes this AD, and
the disks should be replaced in accordance with AD 2020-20-11.
    The FAA disagrees. AD 2020-20-11 does not supersede this AD. Both
ADs address separate root causes and have different compliance actions
and times. AD 2020-20-11 requires replacement of certain HPT rotor
stage 2 disks before accumulating a specified number of cycles since
new. This AD requires a USI of certain HPT rotor stage 2 disks and,
depending on the results of the inspection, replacement of the HPT
rotor stage 2 disk. This AD may require replacement of an HPT rotor
stage 2 disk prior to the required compliance time specified in AD
2020-20-11. If, however, an HPT rotor stage 2 disk is removed from
service per AD 2020-20-11, then the affected turbofan engine would no
longer have an affected HPT rotor stage 2 disk installed and would fall
outside of the applicability of this AD.

Request To Update Definition of Engine Shop Visit

    Qantas requested that the FAA update the definition of an ``engine
shop visit'' to exclude engines with 2,000 or fewer cycles since new
(CSN) that install the new retaining clips for the HPT stage 2 nozzle
assembly (retaining clips) introduced in GEnx-1B Service Bulletin (SB)
72-0398 during a ``Quick Turn'' shop visit. Qantas reasoned that the
definition of an ``engine shop visit'' in the NPRM would require the
removal and inspection of an affected HPT rotor stage 2 disk during
their planned low-time engine elective ``Quick Turn'' shop visit for
installation of the new retaining clips. Qantas concluded that
additional disassembly, cost, and engine shop turn time will
significantly affect the viability of the GE retaining clip ``Quick
Turn'' program.
    The FAA disagrees with excluding low-time engines that install the
new retaining clips for the HPT Stage 2 Nozzle Assembly during a
``Quick Turn'' shop visit. Changing the definition to exclude the
``Quick Turn'' shop visit would possibly postpone the immersion USI of
the HPT rotor stage 2 disk required by this AD until a subsequent shop
visit. As a result, the risk of failure of the HPT rotor stage 2 disk
would increase. Qantas did not provide documentation to show that
excluding the ``Quick Turn'' shop visit from the definition of an
engine shop visit offers an acceptable level of safety. The FAA,
however, will consider requests for alternative methods of compliance
if submitted documentation supports an acceptable level of safety.

Request To Add Credit for Previous Action

    Cargolux and GE Aviation requested credit for previous performance
of the immersion USI of the HPT rotor stage 2 disk using GE GEnx-1B
Cleaning, Inspection and Repair Manual (CIR) 72-53-41, Special
Procedure 001, or GE GEnx-2B CIR 72-53-41, Special Procedure 001.
Cargolux reasoned that GE GEnx-2B SB 72-0402 R00, dated November 20,
2019, refers to GEnx-2B CIR 72-53-41, Special Procedure 001.
    The FAA disagrees. This AD does not require the use of GE GEnx-1B
CIR GEK112862, CIR 72-53-41, Special Procedure 001, Rev 31, dated
January 31, 2020, or GE GEnx-2B CIR GEK114120, CIR 72-53-41, Special
Procedure 001, Rev 24, dated January 31, 2020, to perform the immersion
USI of the HPT rotor stage 2 disk. The CIR are referred to in the
service information referenced in paragraph (i), Credit for Previous
Action. Therefore, if an operator performs the actions using the CIR,
the operator is performing the action using the service information and
has complied with this AD. The FAA did not change this AD.

Support for the AD

    ALPA, Boeing, and UAL Engineering expressed support for the AD as
written.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed GE GEnx-1B SB 72-0463 R01, dated January 6, 2020,
and GE GEnx-2B SB 72-0402 R01, dated January 8, 2020. This service
information describes procedures for performing an immersion USI of the
affected HPT rotor stage 2 disks on GEnx-1B and GEnx-2B model turbofan
engines, respectively. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 276 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
USI of HPT rotor stage 2 disk.........  8 work-hours x $85 per                $0            $680        $187,680
                                         hour = $680.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
required inspection. The agency has no way of determining the number of
aircraft that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Remove and replace the HPT rotor stage 2 disk.  2 work-hours x $85 per hour =           $458,900        $459,070
                                                 $170.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2020-25-10 General Electric Company: Amendment 39-21352; Docket No.
FAA-2020-0592; Project Identifier AD-2020-00251-E.

(a) Effective Date

    This airworthiness directive (AD) is effective January 21, 2021.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all General Electric Company (GE) GEnx-
1B64/P2, GEnx-1B67/P2, GEnx-1B70/75/P2, GEnx-1B70/P2, GEnx-1B70C/P2,
GEnx-1B74/75/P2, GEnx-1B76/P2, and GEnx-1B76A/P2 model turbofan
engines that have a high-pressure turbine (HPT) rotor stage 2 disk,
part number (P/N) 2383M86P02, and a serial number (S/N) listed in
paragraph 4, Appendix--A, Table 1, Table 2, or Table 3, of GE GEnx-
1B Service Bulletin (SB) 72-0463 R01, dated January 6, 2020,
installed.
    (2) This AD applies to all GE GEnx-2B67/P model turbofan engines
that have a HPT rotor stage 2 disk, P/N 2383M86P02, and a S/N listed
in paragraph 4, Appendix--A, Table 1, Table 2, or Table 3, of GE
GEnx-2B SB 72-0402 R01, dated January 8, 2020, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
Section.

(e) Unsafe Condition

    This AD was prompted by a report of the potential for undetected
subsurface anomalies formed during the manufacturing process that
could result in uncontained failure of the HPT rotor stage 2 disk.
The FAA is issuing this AD to prevent failure of the HPT rotor stage
2 disk. The unsafe condition, if not addressed, could result in
uncontained HPT rotor stage 2 disk release, damage to the engine,
and damage to the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    (1) For affected GE GEnx-1B engines, at the next engine shop
visit after the effective date of this AD, or before the HPT rotor
stage 2 disk has accumulated 6,500 cycles since new (CSN), whichever
occurs first, perform an immersion ultrasonic inspection (USI) of
the HPT rotor stage 2 disk using paragraph 3.B.(1) of GE GEnx-1B SB
72-0463 R01, dated January 6, 2020.
    (2) If, during the USI required by paragraph (g)(1) of this AD,
a rejectable indication is found, before further flight, remove the
HPT rotor stage 2 disk from service and replace it with a part
eligible for installation.
    (3) For affected GE GEnx-2B engines, at the next engine shop
visit after the effective date of this AD, or before the HPT rotor
stage 2 disk has accumulated 6,500 CSN, whichever occurs first,
perform an immersion USI of the HPT rotor stage 2 disk using
paragraph 3.B.(1) of GE GEnx-2B SB 72-0402 R01, dated January 8,
2020.
    (4) If, during the USI required by paragraph (g)(3) of this AD,
a rejectable indication is found, before further flight, remove the
HPT rotor stage 2 disk from service and replace it with a part
eligible for installation.

(h) Definitions

    (1) For the purpose of this AD, an ``engine shop visit'' is when
a major engine flange is separated for purposes other than the
removal of the fan for transportation.
    (2) For the purposes of this AD, a ``part eligible for
installation'' is:
    (i) An HPT rotor stage 2 disk that does not have an S/N listed
in paragraph 4, Appendix--A, Table 1, Table 2, or Table 3, of GE
GEnx-1B SB 72-0463 R01, dated January 6, 2020, or GE GEnx-2B SB 72-
0402 R01, dated January 8, 2020; or,
    (ii) An HPT rotor stage 2 disk that has successfully passed the
immersion USI required by paragraph (g)(1) or (3) of this AD, or
passed the immersion USI using GE GEnx-1B SB 72-0463 R00, dated
November 20, 2019, or GE GEnx-2B SB 72-0402 R00, dated November 20,
2019, before the effective date of this AD.

(i) Credit for Previous Action

    You may take credit for the immersion USI of the HPT rotor stage
2 disk required by paragraph (g)(1) or (3) of this AD if you
performed this inspection before the effective date of this AD using
GE GEnx-1B SB 72-0463 R00, dated November 20, 2019, or GE

GEnx-2B SB 72-0402 R00, dated November 20, 2019.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in Related Information. You may email your request to:
<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    For more information about this AD, contact Mehdi Lamnyi,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) General Electric Company (GE) GEnx-1B Service Bulletin (SB)
72-0463 R01, dated January 6, 2020, and
    (ii) GE GEnx-2B SB 72-0402 R01, dated January 8, 2020.
    (3) For GE service information identified in this AD, contact
General Electric Company, GE Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 3, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-27628 Filed 12-15-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 7, 2008 (Volume 73, Number 153)]
[Notices]
[Page 46097-46099]
[DOCID:fr07au08-109]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58286; File No. SR-Amex-2008-64]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of Proposed Rule Change To Adopt New Rule 478T To Set
Forth the Temporary Procedures That Will Apply to Disciplinary
Proceedings Pending as of the Closing Date of the Acquisition of the
Exchange by NYSE Euronext

August 1, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 28, 2008, American Stock Exchange LLC, a Delaware limited
liability company (``Amex'' or ``Exchange''), filed with the Securities
and Exchange Commission (the ``Commission'') the proposed rule change
as described in Items I, II, and III below, which Items have been
substantially prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    In connection with its pending acquisition by NYSE Euronext, the
parent company of the New York Stock Exchange LLC (``NYSE'') and NYSE
Arca, Inc. (``NYSE Arca''), Amex is seeking to revise its procedural
rules governing disciplinary proceedings to more closely align such
rules with the NYSE's disciplinary procedural rules. The rule changes
that would implement this change are proposed in SR-Amex-2008-62.
However, in order to avoid any potential confusion to respondents in
pending disciplinary matters that have been commenced prior to the date
of closing of the transaction, the Exchange believes it is advisable to
apply its current procedural rules governing disciplinary proceedings
to such matters. Accordingly, the Exchange proposes to adopt new Rule
478T to set forth the temporary procedures that will apply to those
pending disciplinary proceedings, and which rule will only become
operative as of the closing of the acquisition.
    The text of the proposed rule change is available on the Amex's Web
site at http://www.amex.com, the Office of the Secretary, the Amex and
at the Commission's Public Reference Room. The text of Exhibit 5 is
available on the Commission's Web site (http://www.sec.gov/rules/
sro.shtml).

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Pursuant to an agreement dated January 17, 2008, the Amex is being
acquired by NYSE Euronext--the parent company of the NYSE and NYSE
Arca--through a series of mergers as described in SR-Amex-2008-62 (the
``Transaction''). Following completion of the Transaction, Amex will be

renamed NYSE Alternext U.S. LLC (``NYSE Alternext U.S.'') and will
contract with NYSE Regulation, Inc. (``NYSE Regulation'') for the
performance of the Exchange's regulatory functions.\3\ In order to
enable a consistent approach to disciplinary matters, the Exchange has
determined to revise the Exchange procedural rules governing
disciplinary matters to align such rules with those of the NYSE. To
this end, in SR-Amex-2008-62, the Exchange is proposing to adopt new
Rules 475, 476 and 477, which are substantially similar to NYSE Rules
475, 476 and 477. However, in order to avoid any potential confusion to
respondents in disciplinary matters that have been commenced and are
still pending as of the date of closing of the Transaction (each a
``Legacy Disciplinary Proceeding''), the Exchange believes it is
advisable to continue to apply to such Legacy Disciplinary Proceedings
the current procedural rules governing Exchange disciplinary
proceedings (with some modifications discussed below). Accordingly, the
Exchange proposes to adopt new Rule 478T to set forth the temporary
procedures that will apply to such Legacy Disciplinary Proceedings at
NYSE Alternext U.S. with such rule to become operative only as of the
closing of the Transaction.\4\
---------------------------------------------------------------------------

    \3\ NYSE Regulation is an indirect wholly-owned subsidiary of
NYSE Euronext, which performs the regulatory functions of the NYSE
and NYSE Arca. NYSE Regulation will fulfill the same functions for
the Exchange pursuant to a regulatory services agreement. The
Exchange will retain ultimate legal responsibility for, and control
of, its self-regulatory responsibilities.
    \4\ It is further intended that this rule change proposal take
effect at the same time as SR-Amex-2008-62.
---------------------------------------------------------------------------

    Currently, the procedural rules governing Amex disciplinary
proceedings are set forth in portions of the Amex Constitution, Amex
Rule 345, and the Rules of Procedure in Disciplinary Matters
(collectively, the ``Legacy Disciplinary Procedural Rules''). Proposed
Rule 478T would effectively ``grandfather'' the substance of these
Legacy Disciplinary Procedural Rules for any Legacy Disciplinary
Proceedings at NYSE Alternext U.S. insofar as the provisions thereof
apply to resolution of disciplinary matters by means of a settlement
(i.e., stipulation and consent) or hearing. The Legacy Disciplinary
Procedural Rules, as incorporated in proposed Rule 478T(c), however,
have been modified in certain respects from their current form to
account for certain changes in the disciplinary structures and
processes at NYSE Alternext U.S. expected as a consequence of the
Transaction. The two most substantial of these changes are as follows:
\5\
---------------------------------------------------------------------------

    \5\ Additionally, various sections of the Legacy Disciplinary
Procedural Rules have been modified from the original to convert
references from ``Disciplinary Hearing Panel'' to ``Hearing Panel'';
``Board of Governors'' to ``Board of Directors''; and miscellaneous
corrections to internal cross-references in the rules have been made
to the extent necessary.
---------------------------------------------------------------------------

    First, the Amex roster of appointed hearing officers and hearing
board members (from which the chairmen and members of individually
constituted disciplinary hearing panels are currently selected) will
cease to exist. Instead, individual hearing panels will be selected
from a new roster of hearing officers and hearing board members to be
appointed by the Chairman of the NYSE Alternext U.S. Board of Directors
pursuant to proposed NYSE Alternext U.S. Rule 476(b). Therefore, all
references to legacy Amex rules or procedures dealing with the
appointment of the roster of hearing officers and the hearing board in
the Legacy Disciplinary Procedural Rules have been eliminated and/or
replaced, as necessary, with references to proposed NYSE Alternext U.S.
Rule 476(b). Notwithstanding the change in the manner in which the
roster of hearing officers and hearing board members is assembled, the
process of selection of hearing officers and hearing board members from
that roster to serve on an individual hearing panel will not change.\6\
---------------------------------------------------------------------------

    \6\ Additionally, a reference in Rule 2(a) of the Legacy Rules
of Disciplinary Procedure to the chairmen of individual hearing
panels being selected by the Chief Executive Officer of the Exchange
on a rotating basis from a roster of ``Exchange Officials'' eligible
to serve on hearing panels has been corrected to refer to ``hearing
officers'' instead. This more properly reflects the current
appointment practice at the Exchange where hearing panel chairman
appointments are made on a rotating basis among personnel supplied
to the Exchange pursuant to a Regulatory Services Agreement and
designated as Exchange ``hearing officers.''
---------------------------------------------------------------------------

    Second, appeals from disciplinary determinations will be governed
solely by the new NYSE Alternext U.S. Rules pertaining to appeals.
Specifically, the Amex Adjudicatory Council (a body which heard appeals
from determinations of Amex disciplinary panels, and whose decisions,
in turn, could be further appealed to the Exchange Board of Governors)
will cease to exist. Its functions will be performed by an official
standing committee of NYSE Regulation (the ``NYSE Regulation
Committee'') charged with the responsibility to review determinations
in Legacy Disciplinary Proceedings and render advisory opinions on same
to the Exchange Board of Directors, which will have the ultimate
responsibility to rule on such appeals. Accordingly, all references to
the Amex Adjudicatory Council and the appeals process in the Legacy
Disciplinary Procedural Rules have been eliminated and/or replaced, as
necessary, with references to the NYSE Regulation Committee and the new
NYSE Alternext U.S. rules pertaining to appeals from disciplinary
determinations.\7\
---------------------------------------------------------------------------

    \7\ See proposed NYSE Alternext Rules 475(c) and (j) and 476(e)-
(g). Further, Section 3(f) of Legacy Article V of the Amex
Constitution and Section 5(a) of Legacy Article IV of the Amex
Constitution hold open the possibility that the NYSE Regulation
Committee may also be charged with the responsibility to hear: (i)
Appeals from suspensions of members and member organizations in view
of their financial and/or operating condition and (ii) applications
for reinstatement following such suspensions.
---------------------------------------------------------------------------

    After all Legacy Disciplinary Proceedings have been concluded, Rule
478T will cease to have any applicability, as all disciplinary
proceedings commenced on or after the date of closing of the
Transaction will be governed by the new NYSE Alternext U.S.
disciplinary procedural rules. The scope and applicability of proposed
Rule 478T is as follows:
    Paragraph (a) limits the application of the rule to ``Legacy
Disciplinary Proceedings'' which are defined to include the following
types of matters, if commenced by the Exchange and still pending as of
the closing date of the Transaction: Disciplinary charges; executed
(but not yet approved) stipulations and consents; suspensions; summary
proceedings; and summary fine notices for minor rule violations.
    Paragraph (b) provides that Legacy Disciplinary Proceedings will be
governed by the Legacy Disciplinary Procedural Rules set forth in
paragraph (c), except that review of Exchange disciplinary
determinations, sanctions guidelines, and procedures for the Exchange's
retention of jurisdiction over former members, member organizations and
employees thereof will be governed by the new NYSE Alternext U.S.
disciplinary procedural rules.
    Subsection (c) is where the Legacy Disciplinary Procedural Rules
are incorporated, with necessary modifications to the original text of
the legacy Amex Constitution, Rule 345, and Rules of Procedure in
Disciplinary Matters as described above.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Sections 6(b)(6), 6(b)(7) and 6(d) \8\ of the Act in that it is
designed to ensure that

members and persons associated with its members of the Exchange shall
be appropriately disciplined for violation of the securities laws, the
rules or regulations thereunder, or the rules of the Exchange; provide
a fair procedure for imposition of such discipline; and ensure that a
record is kept of such proceedings.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(6), 15 U.S.C. 78f(b)(7), 15 U.S.C. 78f(d).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.
    The Exchange is targeting August 29, 2008 for the closing date of
the Transaction, and has requested that the Commission accelerate
effectiveness of SR-Amex-2008-62 pursuant to Section 19(b)(2) to a date
no later than August 29, 2008, if necessary in order to facilitate that
timetable. To the extent the Commission determines to grant such
request, the Exchange further requests that the instant filing be given
similar accelerated treatment, to insure that proposed Rule 478T
becomes operative and effective simultaneously with the other new
disciplinary rules for the Exchange proposed in SR-Amex-2008-62.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Amex-2008-64 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549.

All submissions should refer to File Number SR-Amex-2008-64. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Amex-2008-64 and should be
submitted on or before August 28, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-18147 Filed 8-6-08; 8:45 am]

BILLING CODE 8010-01-P