[Federal Register: September 1, 2009 (Volume 74, Number 168)]
[Proposed Rules]
[Page 45139-45142]
[DOCID:fr01se09-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0763; Directorate Identifier 2007-NM-301-AD]
RIN 2120-AA64

Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    Excessive wear and tear of the backlash remover mechanism has
been found several times on Goodrich Part Number (P/N) 23400-3B and
P/N 23400-7 elevator booster control units (BCU), while corrosion
has been found on some components in other BCU. The wear and tear
may result in a (partly) blocked operation of the elevator system in
the normal (hydraulic) mode, while any corrosion may result in
deteriorated elevator control when the BCU is in MANUAL mode.
* * * * *
The unsafe condition is wear and tear, and corrosion of the backlash
remover mechanism, which can cause a (partly) blocked operation of the
elevator system in the normal (hydraulic) mode and deteriorated
elevator control when the BCU is in MANUAL mode, which could result in
loss of control of the airplane.
    The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by October 16,
2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE
Nieuw-Vennep, the Netherlands; telephone +31 (0)252-627-350; fax +31
(0)252-627-211; e-mail<EMAIL_ADDRESS>
Internet http://www.myfokkerfleet.com.
    For Goodrich service information identified in this proposed AD,
contact Goodrich Corporation, Landing Gear, 1400 South Service Road,
West Oakville L6L5Y7, Ontario, Canada; telephone<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.goodrich.com/TechPubs.
    You may review copies of the referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0763;
Directorate Identifier 2007-NM-301-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2009-0032, dated February 17, 2009 (referred to
after this as ``the MCAI''), to correct an

unsafe condition for the specified products. The MCAI states:

    Excessive wear and tear of the backlash remover mechanism has
been found several times on Goodrich Part Number (P/N) 23400-3B and
P/N 23400-7 elevator booster control units (BCU), while corrosion
has been found on some components in other BCU. The wear and tear
may result in a (partly) blocked operation of the elevator system in
the normal (hydraulic) mode, while any corrosion may result in
deteriorated elevator control when the BCU is in MANUAL mode.
    Fokker Services and Goodrich determined that modification of the
affected elevator BCU in accordance with Goodrich Component Service
Bulletin (CSB) 23400-27-27 would correct this situation. * * *
    [I]t has been decided to require the inspection of aircraft
fitted with BCU P/N 23400-3 and P/N 23400-5 (serial numbers MC-001
through MC-288) and the modification of these units in accordance
with Goodrich CSB 23400-27-15 (P/N change from 23400-3 to 23400-3B,
or from 23400-5 to 23400-7, as applicable).
    Previously, CAA-Netherlands AD (BLA) 93-051/3 dated 29 April
1994 [which corresponds to FAA AD 97-03-09] was issued, which
requires a periodic inspection of P/N 23400-3 and P/N 23400-5
elevator BCU that could be affected by corrosion, and allows
modification of the BCU in accordance with Fokker Service Bulletin
SBF100-27-061 (application of Goodrich CSB 23400-27-15) as
(optional) terminating action for these inspections.
     * * * In addition, this AD requires the eventual replacement of
all affected elevator BCU with modified units.
    This new AD does not cancel the repetitive inspection
requirements of CAA-NL AD (BLA) 93-051/3 for BCU P/N 23400-3 and P/N
23400-5 as long as these remain installed on any in-service
aircraft.

    The unsafe condition is wear and tear, and corrosion of the
backlash remover mechanism, which can cause a (partly) blocked
operation of the elevator system in the normal (hydraulic) mode and
deteriorated elevator control when the BCU is in MANUAL mode, which
could result in loss of control of the airplane. The required actions
include an inspection of the backlash remover of the elevator booster
control unit to determine the displacement of the pivot bolt; and if
necessary, replacement of the elevator booster control unit. Depending
on the measurement of the displacement, the compliance time for
replacement ranges from before further flight to 3,000 flight cycles.
You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Fokker Services B.V. has issued Fokker Service Bulletin SBF100-27-
088, dated June 4, 2007. Goodrich has issued Service Bulletin 23400-27-
27, Revision 1, dated September 14, 2007. The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 2 products of U.S. registry. We also estimate that
it would take about 13 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $189 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these costs.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $2,458, or $1,229 per product.

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.
    We are 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

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Fokker Services B.V.: Docket No. FAA-2009-0763; Directorate
Identifier 2007-NM-301-AD.

Comments Due Date

    (a) We must receive comments by October 16, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Model F.28 Mark 0070 and Mark 0100
airplanes, all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Excessive wear and tear of the backlash remover mechanism has
been found several times on Goodrich Part Number (P/N) 23400-3B and
P/N 23400-7 elevator booster control units (BCU), while corrosion
has been found on some components in other BCU. The wear and tear
may result in a (partly) blocked operation of the elevator system in
the normal (hydraulic) mode, while any corrosion may result in
deteriorated elevator control when the BCU is in MANUAL mode.
    Fokker Services and Goodrich determined that modification of the
affected elevator BCU in accordance with Goodrich Component Service
Bulletin (CSB) 23400-27-27 would correct this situation. * * *
    [I]t has been decided to require the inspection of aircraft
fitted with BCU P/N 23400-3 and P/N 23400-5 (serial numbers MC-001
through MC-288) and the modification of these units in accordance
with Goodrich CSB 23400-27-15 (P/N change from 23400-3 to 23400-3B,
or from 23400-5 to 23400-7, as applicable).
    Previously, CAA-Netherlands AD (BLA) 93-051/3 dated 29 April
1994 [which corresponds to FAA AD 97-03-09] was issued, which
requires a periodic inspection of P/N 23400-3 and P/N 23400-5
elevator BCU that could be affected by corrosion, and allows
modification of the BCU in accordance with Fokker Service Bulletin
SBF100-27-061 (application of Goodrich CSB 23400-27-15) as
(optional) terminating action for these inspections.
    * * * In addition, this AD requires the eventual replacement of
all affected elevator BCU with modified units.
    This new AD does not cancel the repetitive inspection
requirements of CAA-NL AD (BLA) 93-051/3 for BCU P/N 23400-3 and P/N
23400-5 as long as these remain installed on any in-service
aircraft.

The unsafe condition is wear and tear, and corrosion of the backlash
remover mechanism, which can cause a (partly) blocked operation of
the elevator system in the normal (hydraulic) mode and deteriorated
elevator control when the BCU is in MANUAL mode, which could result
in loss of control of the airplane. The required actions include an
inspection of the backlash remover of the elevator booster control
unit to determine the displacement of the pivot bolt; and if
necessary, replacement of the elevator booster control unit.
Depending on the measurement of the displacement, the compliance
time for replacement ranges from before further flight to 3,000
flight cycles.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For airplanes equipped with booster control unit P/N 23400-
3B, 23400-7, 23400-3, or 23400-5, within 12 months after the
effective date of this AD, perform a one-time inspection of the
elevator booster control unit in accordance with Part 1 of the
Accomplishment Instructions of Fokker Service Bulletin SBF100-27-
088, dated June 4, 2007.
    (2) At the time specified in Table 1 of this AD, and depending
on the result of the inspection required by paragraph (f)(1) of this
AD, replace the elevator booster control unit with a modified unit
having P/N 23400-3B or P/N 23400-7, in accordance with Part 2 of the
Accomplishment Instructions of Fokker Service Bulletin SBF100-27-
088, dated June 4, 2007. The replacement part must be modified in
accordance with Goodrich Service Bulletin 23400-27-27, Revision 1,
dated September 14, 2007.

                     Table 1--Replacement Parameters
------------------------------------------------------------------------
           Dimension A                         Replace within
------------------------------------------------------------------------
A < 0.12 millimeters (mm)........  Not applicable.
0.12 mm <= A <0.5 mm.............  3,000 flight cycles.
0.5 mm <= A < 1.0 mm.............  2,000 flight cycles.
1.0 mm <= A < 1.5 mm.............  1,000 flight cycles.
1.5 mm <= A < 2.0 mm.............  500 flight cycles.
2.0 mm <= A < 2.5 mm.............  125 flight cycles.
A >= 2.5 mm......................  Before further flight.
------------------------------------------------------------------------

     (3) Within 60 months after the effective date of this AD,
replace all remaining unmodified elevator booster control units
having P/N 23400-3B or P/N 23400-7 with modified units, in
accordance with Part 2 of the Accomplishment Instructions of Fokker
Service Bulletin SBF100-27-088, dated June 4, 2007. The replacement
part must be modified in accordance with Goodrich Service Bulletin
23400-27-27, Revision 1, dated September 14, 2007.
    (4) Within 60 months after the effective date of this AD,
replace all remaining elevator booster control units having P/N
23400-3 or P/N 23400-5 with modified units having part number P/N
23400-3B or P/N 23400-7, in accordance with Part 2 of the
Accomplishment Instructions of Fokker Service Bulletin SBF100-27-
088, dated June 4, 2007. The replacement part must be modified in
accordance with Goodrich Service Bulletin 23400-27-27, Revision 1,
dated September 14, 2007.
    (5) As of 12 months after the effective date of this AD, no
person may install a Goodrich P/N 23400-3B, P/N 23400-7, P/N 23400-3
or P/N 23400-5 elevator booster control unit on any airplane, unless
the conditions of paragraph (f)(5)(i) or (f)(5)(ii), as applicable,
are met.
    (i) The unit has been inspected in accordance with paragraph
(f)(1) of this AD, and the applicable action(s) required by
paragraph (f)(2) is accomplished at the time specified in that
paragraph.
    (ii) The unit having P/N 23400-3B or P/N 23400-7 has been
modified in accordance with Goodrich Service Bulletin 23400-27-27,
Revision 1, dated September 14, 2007.
    (6) As of 60 months after the effective date of this AD, no
person may install a Goodrich P/N 23400-3 or P/N 23400-5 elevator
booster control unit on any airplane.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from

a manufacturer or other source, use these actions if they are FAA-
approved. Corrective actions are considered FAA-approved if they are
approved by the State of Design Authority (or their delegated
agent). You are required to assure the product is airworthy before
it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2009-0032, dated February 17, 2009; Fokker Service
Bulletin SBF100-27-088, dated June 4, 2007; and Goodrich Service
Bulletin 23400-27-27, Revision 1, dated September 14, 2007; for
related information.

    Issued in Renton, Washington, on August 24, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-21002 Filed 8-31-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Notices]
[Pages 14022-14023]
[FR Doc No: 2012-5628]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-D-0091]

Guidance for Industry: Testing for Salmonella Species in Human
Foods and Direct-Human-Contact Animal Foods; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) is
announcing the availability of a guidance entitled ``Guidance for
Industry: Testing for Salmonella Species in Human Foods and Direct-
Human-Contact Animal Foods.'' The document provides guidance to firms
that manufacture, process, pack, or hold human foods or direct-human-
contact animal foods intended for distribution to consumers,
institutions, or food processors. This guidance does not apply to egg
producers and other persons who are covered by FDA's final rule
``Prevention of Salmonella Enteritidis in Shell Eggs During Production,
Storage, and Transportation.'' The guidance addresses testing
procedures for Salmonella species (spp.) in human foods (except shell
eggs) and direct-human-contact animal foods, and the interpretation of
test results, when the presence of Salmonella spp. in the food may
render the food injurious to human health.

DATES: Submit either electronic or written comments on Agency guidances
at any time.

ADDRESSES: Submit written requests for single copies of the guidance to
the Office of Food Safety, Center for Food Safety and Applied
Nutrition, (HFS-317), Food and Drug Administration, 5100 Paint Branch
Pkwy., College Park, MD 20740. Send two self-addressed adhesive labels
to assist that office in processing your request. See the

SUPPLEMENTARY INFORMATION section for information on electronic access
to the guidance.
    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments on the guidance to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Michael E. Kashtock, Center for Food
Safety and Applied Nutrition (HFS-317), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of March 23, 2011 (76 FR 16425), FDA made
available a draft guidance entitled ``Testing for Salmonella Species in
Human Foods and Direct-Human-Contact Animal Foods'' and gave interested
parties an opportunity to submit comments by June 21, 2011. The Agency
reviewed and evaluated these comments and has modified the guidance
where appropriate.
    This guidance is intended for firms that manufacture, process,
pack, or hold human foods or direct-human-contact animal foods intended
for distribution to consumers, institutions, or food processors. The
guidance does not apply to egg producers and other persons who are
covered by FDA's final rule ``Prevention of Salmonella Enteritidis in
Shell Eggs During Production, Storage, and Transportation'' (21 CFR
part 118; the shell egg final rule). The guidance addresses testing
procedures for Salmonella spp. in human foods (except shell eggs) and
direct-human-contact animal foods, and the interpretation of test
results, when the presence of Salmonella spp. in the food may render
the food injurious to human health. FDA issued separate guidances in
December 2011 and July 2011, respectively, entitled ``Guidance for
Industry: Prevention of Salmonella Enteritidis in Shell Eggs During
Production, Storage and Transportation,'' which provides guidance to
egg producers on how to comply with certain provisions contained in the
shell egg final rule, including provisions for environmental and egg
testing for Salmonella Enteritidis; and ``Draft Guidance for Industry:
Questions and Answers Regarding the Final Rule, Prevention of
Salmonella Enteritidis in Shell Eggs During Production, Storage, and
Transportation,'' which responds to questions FDA has received on the
shell egg final rule since its publication and includes guidance on
environmental and egg testing for Salmonella Enteritidis.

II. Significance of Guidance

    The final guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The guidance represents
the Agency's current thinking on testing for Salmonella spp. in human
foods and direct-human-contact animal foods. It does not create or
confer any rights for or on any person and does not operate to bind FDA
or the public. An alternate approach may be used if such approach
satisfies the requirements of the applicable statutes and regulations.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding the
guidance. It is only necessary to send one set of comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/FoodGuidances or http://www.regulations.gov.
Always access an FDA document using the FDA Web site listed previously
to find the most current version of the guidance.

    Dated: March 5, 2012.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2012-5628 Filed 3-7-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 88907-88908]
[FR Doc No: 2023-28510]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0474; FRL-11384-03-OCSPP]

Endocrine Disruptor Screening Program (EDSP); Near-Term
Strategies for Implementation; Notice of Availability and Request for
Comment; Extension of Comment Period; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; correction.

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SUMMARY: In the Federal Register of December 14, 2023, EPA announced
the extension of the comment period established in a document that
published in the Federal Register of October 27, 2023 that announced
the availability of and solicited comment on near-term strategies to
help the Agency meet its obligations and commitments under the Federal
Food, Drug, and Cosmetic Act (FFDCA), which requires, that EPA screen
for and protect against endocrine disrupting effects in humans. This
document corrects the extended comment period date that published in
the Federal Register of December 14,

2023, which inadvertently included the incorrect year.

DATES: December 26, 2023.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2023-0474, through the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting and visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Catherine Aubee, Endocrine Disruptor
Screening Program (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: To give stakeholders additional time to
review materials and prepare comments, EPA extended the comment period
established in the Federal Register document of October 27, 2023, at 88
FR 73841 (FRL-11384-01-OCSPP) for 60 days, from December 26, 2023.
However, the extended comment period date established in the Federal
Register document of December 14, 2023, at 88 FR 86644 (FRL-11384-02-
OCSPP), was incorrectly stated as February 26, 2023. This notice
corrects the comment period date to February 26, 2024. More information
on the action can be found in the Federal Register of October 27, 2023.

Correction

    In the Federal Register of December 14, 2023, in FR Doc. 2023-
27405, on page 86644, in the first column, correct the Dates caption to
read:

DATES: The comment period for the document published in the Federal
Register of October 27, 2023, at 88 FR 73841 (FRL-11384-01-OCSPP) is
extended. Comments must be received on or before February 26, 2024.

    Authority: 7 U.S.C. 136 et seq. and 21 U.S.C. 346a.

    Dated: December 20, 2023.
Angela Hofmann,
Director, Regulatory Support Branch, Mission Support Division, Office
of Program Support, Office of Chemical Safety and Pollution Prevention.
[FR Doc. 2023-28510 Filed 12-22-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 19, 2009 (Volume 74, Number 200)]
[Notices]
[Page 53532-53533]
[DOCID:fr19oc09-99]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60809; File No. SR-NYSE-2009-104]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC
Amending NYSE Rule 123C(8)(a)(1) To Extend the Operation of the Extreme
Order Imbalances Pilot

October 9, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 5, 2009, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Rule 123C(8)(a)(1) to extend
the operation of the pilot to temporarily suspend certain NYSE
requirements relating to the closing of securities on the Exchange
until the earlier of Securities and Exchange Commission approval to
make such pilot permanent or December 31, 2009. The text of the
proposed rule change is available at the Exchange, the Commission's
Public Reference Room, and http://www.nyse.com.

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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    NYSE Rule 123C(8)(a)(1) allows the Exchange to temporarily suspend
certain rule requirements at the close when extreme order imbalances
may cause significant dislocation to the closing price. The rule has
operated on a pilot basis since April 2009 (``Extreme Order Imbalances
Pilot'' or Pilot).\4\ Through this filing, NYSE proposes to extend the
Pilot until the earlier of Securities and Exchange Commission approval
to make such Pilot permanent or December 31, 2009.\5\
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    \4\ See Securities and Exchange Act Release No. 597755 [sic]
(April 13, 2009) 74 FR 18009 (April 20, 2009)(SR-NYSE-2009-15).
    \5\ The Exchange notes that parallel changes are proposed to be
made to the rules of NYSE Amex LLC. See SR-NYSE-Amex-2009-70.
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Background
    Pursuant to NYSE Rule 123C(8)(a)(1), the Exchange may suspend NYSE
Rule 52 (Hours of Operation) to resolve an extreme order imbalance that
may result in a closing price dislocation at the close as a result of
an order entered into Exchange systems, or represented to a DMM orally
at or near the close.\6\ The provisions of NYSE Rule 123C(8)(a)(1)
operate as the Extreme Order Imbalance Pilot.
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    \6\ See NYSE Rule 123C(8)(a)(1).
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    As a condition of the approval to operate the Pilot, the Exchange
committed to provide the Commission with information regarding: (i) How
often a Rule 52 temporary suspension pursuant to the Pilot was invoked
during the six months following its approval; and (ii) the Exchange's
determination as to how to proceed with technical modifications to
reconfigure Exchange systems to accept orders electronically after 4:00
p.m.
    The Extreme Order Imbalance Pilot is scheduled to end operation on
October 13, 2009. The Exchange is currently preparing a rule filing
seeking permission to make the provisions of the Pilot permanent with
certain modifications but does not expect that filing to be completed
and approved by the Commission before October 13, 2009.
Proposal To Extend the Operation of the Extreme Order Imbalance Pilot
    The Exchange established the Extreme Order Imbalance Pilot to
create a mechanism for ensuring a fair and orderly close when interest
is received at or near the close that could negatively affect the
closing transaction. The Exchange believes that this tool has proved
very useful to resolve an extreme order imbalance that may result in a
closing price dislocation at the close as a result of an order entered
into Exchange systems, or represented to a DMM orally at or near the
close.
    As the Exchange has previously stated, invocation of the provisions
of NYSE Rule 123C(8) to attract offsetting interest is intended to be
used for extreme and likely rare circumstances where there exists such
a large imbalance at the close that a DMM is unable to close the
security without significantly dislocating the price of the security.
This is evidenced by the fact that during the course of the Pilot, the
Exchange invoked the provisions of NYSE Rule 123C(8), including the
provisions of the Extreme Order Imbalance Pilot pursuant to NYSE Rule
123C(8)(a)(1), in only one security on August 31, 2009.
    In addition, during the operation of the Pilot, the Exchange
determined that it would not be as onerous as previously believed to
modify Exchange systems to accept orders electronically after 4 p.m.
The Exchange anticipates that such system modifications could be
completed by December 31, 2009.
    Given the above, the Exchange believes that provisions governing
the Extreme Order Imbalance Pilot should be made permanent. Through
this filing the Exchange seeks to extend the current operation of the
Pilot in order to allow the Exchange to formally submit a filing to the
Commission to convert the provisions governing the Pilot to permanent
rules and complete the technological modifications required to accept
orders electronically after 4 p.m. The Exchange therefore request and
[sic] extension from the current expiration date of October 13, 2009,
until the earlier of Securities and Exchange

Commission approval to make such Pilot permanent or December 31, 2009.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \7\ that an Exchange have rules that
are designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system and, in general, to protect
investors and the public interest. The Exchange believes that the
instant filing is consistent with these principles. Specifically an
extension will allow the Exchange to: (i) Prepare and submit a filing
to make the provisions governing the Extreme Order Imbalance Pilot
permanent; (ii) have such filing complete public notice and comment
period; and (iii) complete the 19b-4 approval process. The rule
operates to protect investors and the public interest by ensuring that
the closing price at the Exchange is not significantly dislocated from
the last sale price by virtue of an extreme order imbalance at or near
the close.
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    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) \8\ of the Act and Rule 19b-4(f)(6) \9\ thereunder.
Because the foregoing proposed rule change: (1) Does not significantly
affect the protection of investors or the public interest; (2) does not
impose any significant burden on competition; and (3) by its terms,
does not become operative for 30 days after the date of filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
and Rule 19b-4(f)(6) thereunder.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing.\10\ However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange requested that the Commission waive
the 30-day operative delay, as specified in Rule 19b-4(f)(6)(iii),\11\
which would make the rule change operative immediately. The Exchange
believes that continuation of the Pilot does not burden competition and
would operate to protect investors and the public interest by ensuring
that the closing price at the Exchange is not significantly dislocated
from the last sale price by virtue of an extreme order imbalance at or
near the close.
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    \10\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires the self-regulatory organization to give the
Commission notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. NYSE has satisfied this requirement.
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it would allow the Pilot to continue without interruption while
the Exchange works towards submitting a separate proposal to make the
Pilot permanent. Accordingly, the Commission designates the proposed
rule change as operative upon filing with the Commission.\12\
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    \12\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.\13\
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    \13\ 15 U.S.C. 78s(b)(3)(C).
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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-NYSE-2009-104 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2009-104. 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-NYSE-2009-104 and should be
submitted on or before November 9, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-25111 Filed 10-16-09; 8:45 am]

BILLING CODE 8011-01-P