[Federal Register: July 10, 2006 (Volume 71, Number 131)]
[Notices]
[Page 38913-38914]
[DOCID:fr10jy06-90]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54082; File No. SR-BSE-2006-29]

Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 Thereto to Extend the Effective Date of a Previous
Rule Change Relating to Information Contained in a Directed Order on
the Boston Options Exchange

June 30, 2006.
     Pursuant to section 19(b)(1) of the Securities Exchange Act of
1934 (the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that on June 20, 2006, the Boston Stock Exchange, Inc. (``BSE''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the BSE. The BSE filed the
proposed rule change pursuant to section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(6) thereunder,\4\ which renders the proposed rule change
effective upon filing with the Commission. On June 29, 2006, the BSE
filed Amendment No. 1 to the proposed rule change.\5\ The Commission is
publishing this notice to solicit comments on the proposed rule change,
as amended, from interested persons.
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    \1\ 5 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ In Amendment No. 1, BSE submitted rule text that indicates
that the proposed rule change will expire on September 30, 2006.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    On March 17, 2006, the Exchange filed a proposed rule change to
amend its rules governing its Directed Order process on Boston Stock
Exchange, Inc. (``BOX'') pursuant to section 19(b)(3)(A) of the Act and
Rule 19b-4(f)(6) thereunder, which rendered the proposal immediately
effective upon filing with the Commission.\6\ The rules were amended to
clearly state that the BOX Trading Host identifies to an Executing
Participant (``EP'') the identity of the firm entering a Directed
Order. The amended rule was to be effective until June 30, 2006, while
the Commission considered a corresponding Exchange proposal, SR-BSE-
2005-52,\7\ to amend the BOX rules on a permanent basis to permit EPs
to choose the firms from whom they will accept Directed Orders, while
providing complete anonymity of the firm entering a Directed Order.\8\
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    \6\ See Securities Exchange Act Release No. 53516 (March 20,
2006), 71 FR 15232 (March 27, 2006) (SR-BSE-2006-14). At the
Exchange's request, the Commission edited language in this filing to
clarify that the Commission did not approve SR-BSE-2006-14, but that
SR-BSE-2006-14 became immediately effective upon filing with the
Commission pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder. Telephone conference between Jan Woo, Attorney,
Division of Market Regulation, Commission, and Brian Donnelly,
Assistant Vice President of Regulation and Compliance, BSE, on June
27, 2006 (``Telephone conference'').
    \7\ See Securities Exchange Act Release No. 53357 (February 23,
2006), 71 FR 10730 (March 2, 2006) (Notice of filing of Amendments
No. 2, 3, and 4 to proposed rule change to modify the information
contained in a Directed Order on the BOX).
    \8\ In the event that the issue of anonymity in the Directed
Order process is not resolved by September 30, 2006, the Exchange
intends to submit another filing under Rule 19b-4(f)(6) under the
Act extending this rule and system process.
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    The Exchange now proposes to extend the effective date of the
amended rule governing the anonymity of its Directed Order process on
the BOX from June 30, 2006 to September 30, 2006 while the Commission
continues to consider SR-BSE-2005-52 which would amend the BOX rules on
a permanent basis to permit EPs to choose the firms from whom they will
accept Directed Orders, while providing complete anonymity of the firm
entering a Directed Order. In the event the Commission reaches a
decision with respect to SR-BSE-2005-52 to amend the BOX rules before
September 30, 2006, the amended rule governing the Exchange's Directed
Order process on the BOX will cease to be effective at the time of that
decision.
    This rule filing proposes to extend the effective date of the
amended rule governing the Exchange's Directed Order process on the BOX
from June 30, 2006 to September 30, 2006.

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 BSE 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 BSE 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
    On March 17, 2006 the BSE filed SR-BSE-2006-14, a proposed rule
change seeking to amend the BOX rules to clearly state that the BOX
Trading Host identifies to an EP the identity of the firm entering a
Directed Order. That proposed rule change became immediately effective
upon filing with the Commission pursuant to Rule 19b-4(f)(6) under the
Act.\9\ The rule change was to be effective until June 30, 2006, while
the Commission considered a corresponding Exchange proposal, SR-BSE-
2006-52, to amend the BOX rules on a permanent basis to permit EPs to
choose the firms from whom they will accept Directed Orders while
providing complete anonymity of the firm entering a Directed Order.
This proposed rule filing seeks to extend the date of effectiveness of
the amended Directed Order rule from June 30, 2006 to September 30,
2006, while the

Commission considers SR-BSE-2005-52 to amend the BOX rules on a
permanent basis to permit EPs to choose the firms from whom they will
accept Directed Orders while providing complete anonymity of the firm
entering a Directed Order.
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    \9\ See footnote 5 supra. Telephone conference.
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2. Statutory Basis
    The amended rule is designed to clarify the information contained
in a Directed Order. This proposed rule filing seeks to extend the
amended rule's effectiveness from June 30, 2006 to September 30, 2006.
This extension will afford the Commission the necessary time to
consider SR-BSE-2005-52 which would amend the BOX rules on a permanent
basis to permit EPs to choose the firms from whom they will accept
Directed Orders while providing complete anonymity of the firm entering
a Directed Order. Accordingly, the Exchange believes that the proposal
is consistent with the requirements of section 6(b) of the Act,\10\ in
general, and section 6(b)(5) of the Act,\11\ in particular, in that it
is designed to foster cooperation and coordination with persons engaged
in regulating, clearing, settling, processing information with respect
to, and facilitating transaction in securities, to remove impediments
to and perfect the mechanism for a free and open market and a national
market system, and, in general, to protect investors and the public
interest.
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    \10\ U.S.C. 78f(b).
    \11\ 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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change, as amended: (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 this 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)\12\ of the Act and Rule 19b-4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6)\14\ normally
may not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii)\15\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The BSE requests that the Commission
waive the 5-day pre-filing notice requirement and the 30-day operative
delay, as specified in Rule 19b-4(f)(6)(iii),\16\ which would make the
rule change effective and operative upon filing. The Commission
believes that waiving the 5-day pre-filing notice and the 30-day
operative delay is consistent with the protection of investors and the
public interest because such waiver would continue to conform the BOX
rules with BOX's current practice and clarify that Directed Orders on
BOX are not anonymous.\17\ Accordingly, the Commission designates that
the proposed rule change effective and operative upon filing with the
Commission.
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    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ 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 such 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.\18\
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    \18\ The effective date of the original proposed rule is June
20, 2006. The effective date of Amendment No. 1 is June 29, 2006.
For purposes of calculating the 60-day period within which the
Commission may summarily abrogate the proposed rule change under
Section 19(b)(3)(C) of the Act, the Commission considers the period
to commence on June 29, 2006, the date on which the BSE submitted
Amendment No. 1. See 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 amended
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 No. SR-BSE-2006-29 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-BSE-2006-29. 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. Copies of such
filing also will be available for inspection and copying at the
principal office of the BSE. 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-BSE-2006-29 and should be submitted on or before July
31, 2006.
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    \19\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\19\
Nancy M. Morris,
Secretary.
 [FR Doc. E6-10721 Filed 7-7-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Notices]
[Pages 12973-12974]
[FR Doc No: 2021-04549]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0040]

SGS North America, Inc.: Grant of Renewal of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the final decision to grant
renewal of recognition to SGS North America, Inc. as a Nationally
Recognized Testing Laboratory (NRTL).

DATES: The renewal of recognition becomes effective on March 5, 2021.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice that it is granting the renewal of
recognition of SGS North America, Inc. (SGS) as a NRTL under 29 CFR
1910.7.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements in Section 1910.7 of Title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within the scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products properly approved by the NRTL
to meet OSHA standards that require testing and certification. OSHA
maintains an informational web page for each NRTL that details the
scope of recognition available at http://www.osha.gov/dts/otpca/nrtl/index.html.
    OSHA processes applications submitted by an NRTL for renewal of
recognition following requirements in Appendix A to 29 CFR 1910.7. OSHA
conducts renewals in accordance with the procedures in 29 CFR 1910.7,
App. A II.C. In accordance with these procedures, NRTLs submit a
renewal request to OSHA between nine months and one year before the
expiration date of the current recognition. A renewal request includes
a request for renewal and any additional information demonstrating
their continued compliance with the terms of the recognition and 29 CFR
1910.7. If OSHA has not conducted an on-site assessment of the NRTL
headquarters and any key sites within the past 18 to 24 months, it will
schedule the necessary on-site assessment prior to the expiration date
of the NRTL's recognition. Upon review of the submitted material and,
as necessary, the successful completion of the on-site assessment, OSHA
announces the preliminary decision to grant or deny renewal in the
Federal Register and solicits comments from the public. OSHA then
publishes a final Federal Register notice responding to any comments
and renewing the NRTL's recognition for a period of five years, or
denying the renewal of recognition.
    SGS initially received OSHA recognition as a NRTL on March 23, 1993
(58 FR 15509). SGS's most recent renewal was on July 14, 2014, for a
five-year period ending on July 14, 2019. SGS submitted a timely
request for renewal, dated October 2, 2018 (OSHA-2006-0040-0050), and
retains their recognition pending OSHA's final decision in this renewal
process. The current addresses of the SGS facilities recognized by OSHA
and included as part of the renewal request are:
    (1) SGS North America, Inc., 620 Old Peachtree Road, Suwanee,
Georgia 30024;
    (2) Consumer Testing Services, SGS Tecnos S.A., C/. Trespaderne 29,
Edificio Barajas 1, 28042 Madrid, Spain;
    (3) SGS--Baseefa Limited, Rockhead Business Park, Staden Lane,
Buxton SK17 9RZ, United Kingdom;
    (4) SGS--Fimko, Ltd., Sarkiniementie 3, FI-00210 Helsinki, Finland;
    (5) SGS--Guangzhou, 198 Kezhu Road, Scientech Park, Guangzhou
Economic & Technology Development District, Guangzhou, Guangdong,
China;
    (6) SGS--Ningbo, 1-5/F., West of Building 4, Lingyun Industry Park,
No. 1177, Lingyun Road, Ningbo National Hi-Tech Zone, Ningbo, Zhejiang,
China;
    (7) SGS--Shanghai, No. 588 West Jindu Road, Xinqiao Town, Songjiang
District 201612, Shanghai, China;
    (8) SGS--Shenzhen Branch, No. 1 Workshop, M-10, Middle Section,
Science & Technology Park, Nan Shan District, Shenzhen, China; and
    (9) SGS--Shunde, 198 Kezhu Road, Scientech Park Building 1,
European Industrial Park, No. 1, Shunde South Road, Wusha, Daliang,
Shunde District, Foshan, Guangdong, China.
    OSHA evaluated SGS's application for renewal and made a preliminary
determination that SGS can continue to meet the requirements prescribed
by 29 CFR 1910.7 for recognition.
    OSHA published the preliminary notice announcing SGS's renewal
application in the Federal Register on July 14, 2020 (85 FR 42436). The
agency requested comments by July 29, 2020, and received no comments in
response to this notice. OSHA is now proceeding with this final notice
to renew SGS's NRTL recognition.
    To obtain or review copies of all public documents pertaining to
the SGS's application, go to

www.regulations.gov or contact the Docket Office, Occupational Safety
and Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3655, Washington, DC 20210; telephone<PHONE_NUMBER>.
Docket No. OSHA-2006-0040 contains all materials in the record
concerning SGS's NRTL recognition. Please note: Due to the COVID-19
pandemic, the Docket Office is closed to the public at this time but
can be contacted at<PHONE_NUMBER>.

II. Final Decision and Order

    OSHA hereby gives notice of the renewal of recognition of SGS as a
NRTL. OSHA examined SGS renewal application and all pertinent
information related to SGS's request for renewal of NRTL recognition.
Based on this review of the renewal request and other pertinent
information, OSHA finds that SGS meets the requirements of 29 CFR
1910.7 for renewal of recognition as a NRTL, subject to the specified
limitation and conditions. OSHA limits the renewal of SGS's recognition
to include the terms and conditions of SGS's recognition found in 58 FR
15509. The NRTL scope of recognition for SGS is also available on the
OSHA website at: https://www.osha.gov/dts/otpca/nrtl/sgs.html. This
renewal extends SGS's recognition as a NRTL for a period of five years
from March 5, 2021.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7,
SGS must abide by the following conditions of recognition:
    1. SGS must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in their operations as a NRTL, and provide details of the
change(s);
    2. SGS must meet all the terms of their recognition and comply with
all OSHA policies pertaining to this recognition; and
    3. SGS must continue to meet the requirements for recognition,
including all previously published conditions on SGS's scope of
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby renews the
recognition of SGS as a NRTL.

III. Authority and Signature

    Amanda L. Edens, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW, Washington,
DC 20210, authorized the preparation of this notice. Accordingly, the
agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2)),
Secretary of Labor's Order No. 8-2020 (85 FR 58393, Sept. 18, 2020),
and 29 CFR 1910.7.

    Signed at Washington, DC, on March 1, 2021.
Amanda L. Edens,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-04549 Filed 3-4-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Notices]
[Pages 5552-5554]
[FR Doc No: 2019-02954]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0027]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from six individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before March 25, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0027 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal holidays. If you have questions

regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2019-0027), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2019-0027, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2019-0027, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds such exemption would
likely achieve a level of safety that is equivalent to, or greater
than, the level that would be achieved absent such exemption. The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The six individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs
3, 4, and 5.]
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    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The advisory criteria states the following:
    If an individual has had a sudden episode of a non-epileptic
seizure or loss of consciousness of unknown cause that did not require
anti-seizure medication, the decision whether that person's condition
is likely to cause the loss of consciousness or loss of ability to
control a CMV should be made on an individual basis by the Medical
Examiner in consultation with the treating physician. Before
certification is considered, it is suggested that a six-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
    In those individual cases where a driver had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years, may be qualified to operate a
CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a five-
year period or more.
    As a result of Medical Examiners misinterpreting advisory criteria
as regulation, numerous drivers have been prohibited from operating a
CMV in interstate commerce based on the fact that they have had one or
more seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified Medical
Examiner based on the physical qualification standards and medical best
practices.
    On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders, (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since the January 15, 2013 notice, the Agency has
published additional notices granting requests from individuals for
exemptions from the regulatory requirement regarding epilepsy found in
49 CFR 391.41(b)(8).

    To be considered for an exemption from the epilepsy and seizure
disorders prohibition in 49 CFR 391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (MEP) (78 FR 3069).

III. Qualifications of Applicants

John D. Archer

    Mr. Archer is a 66-year-old class A CDL holder in Missouri. He has
a history of a seizure disorder and has been seizure free since 2001.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2001. His physician states that he is
supportive of Mr. Archer receiving an exemption.

Travis W. Flowers

    Mr. Flowers is a 27-year-old class D driver in Virginia. He has a
history of epilepsy and has been seizure free since 1997. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2016. His physician states that he is supportive of Mr.
Flowers receiving an exemption.

Stephen T. Root

    Mr. Root is a 46-year-old DM driver in New York. He has a history
of epilepsy and has been seizure free since 1996. His anti-seizure
medication was discontinued in 2001. His physician states that she is
supportive of Mr. Root receiving an exemption.

Jeffrey L. Slagan

    Mr. Slagan is a 55-year-old class D driver in Wisconsin. He has a
history of epilepsy and has been seizure free since 1985. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 1985. His physician states that he is supportive of Mr.
Slagan receiving an exemption.

Dereck Welch

    Mr. Welch is a 59-year-old class E driver in Florida. He has a
history of epilepsy and has been seizure free since 2009. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2009. His physician states that he is supportive of Mr.
Welch receiving an exemption.

Mark D. Wray

    Mr. Wray is a 34-year-old class D driver in New York. He has a
history of epilepsy and has been seizure free since 2010. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2010. His physician states that he is supportive of Mr. Wray
receiving an exemption.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the dates
section of the notice.

    Issued on: February 13, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-02954 Filed 2-20-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Rules and Regulations]
[Pages 7645-7647]
[FR Doc No: 2016-32032]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 232

[Release Nos. 33-10265; 34-79519; 39-2513; IC-32387]

Adoption of Updated EDGAR Filer Manual

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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

SUMMARY: The Securities and Exchange Commission (the Commission) is
adopting revisions to the Electronic Data Gathering, Analysis, and
Retrieval System (EDGAR) Filer Manual and related rules to reflect
updates to the EDGAR system. The updates are being made primarily to
support the submission of Municipal Advisor submission form types. The
EDGAR system is scheduled to be upgraded to support the other
functionalities on December 12, 2016.

DATES: Effective January 23, 2017. The incorporation by reference of
the EDGAR Filer Manual is approved by the Director of the Federal
Register as of January 23, 2017.

FOR FURTHER INFORMATION CONTACT: In the Division of Corporation
Finance, for questions concerning Form ABS-EE and Regulation A
submission form types, contact Vik Sheth at<PHONE_NUMBER>; in the
Division of Trading and Markets, for questions concerning Form MA and
Form 17-H, contact Kathy Bateman at<PHONE_NUMBER>; and in the Division
of Economic and Risk Analysis, for questions concerning eXtensible
Business Reporting Language (XBRL) submissions; contact Walter Hamscher
at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: We are adopting an updated EDGAR Filer
Manual, Volume I and Volume II. The Filer Manual describes the
technical formatting requirements for the preparation and submission of
electronic filings through the EDGAR system.\1\ It also describes the
requirements for filing using EDGARLink Online and the Online Forms/XML
Web site.
---------------------------------------------------------------------------

    \1\ We originally adopted the Filer Manual on April 1, 1993,
with an effective date of April 26, 1993. Release No. 33-6986 (April
1, 1993) [58 FR 18638]. We implemented the most recent update to the
Filer Manual on September 19, 2016. See Release No. 33-10217
(September 30, 2016) [81 FR 67118].
---------------------------------------------------------------------------

    The revisions to the Filer Manual reflect changes within Volume I
entitled EDGAR Filer Manual, Volume I: ``General Information,'' Version
25 (December 2016), and Volume II entitled

EDGAR Filer Manual, Volume II: ``EDGAR Filing,'' Version 39 (December
2016). The updated manual will be incorporated by reference into the
Code of Federal Regulations.
    The Filer Manual contains all the technical specifications for
filers to submit filings using the EDGAR system. Filers must comply
with the applicable provisions of the Filer Manual in order to assure
the timely acceptance and processing of filings made in electronic
format.\2\ Filers may consult the Filer Manual in conjunction with our
rules governing mandated electronic filing when preparing documents for
electronic submission.\3\
---------------------------------------------------------------------------

    \2\ See Rule 301 of Regulation S-T (17 CFR 232.301).
    \3\ See Release No. 33-10217 in which we implemented EDGAR
Release 16.3. For additional history of Filer Manual rules, please
see the citations therein.
---------------------------------------------------------------------------

    The EDGAR system will be upgraded to Release 16.4 on December 12,
2016 and will introduce the following changes:
    Filers will be able to submit the Municipal Advisor submission form
types MA, MA-A, MA/A, MA-I, MA-I/A, and MA-W in filer-constructed XML
format from the EDGAR Filing Web site. For more information, see the
``EDGAR Form MA XML Technical Specification'' document available on the
SEC's Public Web site (https://www.sec.gov/info/edgar/tech-specs).
    Filers will be able to provide up to 200 owners instead of 50
owners for Schedules A-1, A-2, B-1, and B-2 within MA, MA-A, and MA/A
submissions (Schedules A-1, A-2, B-1, and B-2 are amended via Schedule
C for MA-A and MA/A submissions).
    EDGAR will be upgraded to allow an entity with any Standard
Industrial Classification (SIC) code value or no value (NULL) to
request the creation of ABS Issuing Entities.
    EDGAR will be updated to allow duplicate submissions for ABS-EE.
    EDGARLink Online will be updated for ABS-EE and ABS-EE/A
submissions such that non-existent CIKs will be flagged as errors
during header data entry instead of after the submission has been sent
and processed by EDGAR.
    The ABS-EE Asset Data schema will be updated to introduce the
following Asset Class Item with date format MM/YYYY:

 RMBS ABS Asset Class: Item 1(c)(13)(vi), Most Senior Lien
Origination Date

    In addition, the ABS-EE Asset Data schema will be updated to change
the following Asset Class Item from an integer value to a percentage
value:

 CMBS ABS Asset Class: Item 2(c)(28)(iv), ARM Margin Number

    For more information, see the updated ``EDGAR ABS XML Technical
Specification'' document located on the SEC's Public Web site (https://www.sec.gov/info/edgar/tech-specs).
    EDGAR will transform word expressions for numbers, dates, and word
or symbol expressions for QNames and nil expressions into their
respective XML representations in Inline XBRL submissions. Filers will
be able to provide typed dimensions in XBRL submissions. In addition,
the following HTML tags will be usable in traditional XBRL documents:
, , , and .
    All ASCII character validations will be removed for broker-dealer
entity name fields on submission form types 17HACON, 17HACON/A,
17HQCON, and 17HQCON/A. Broker-dealers now will be able to submit the
aforementioned filings, irrespective of the ASCII characters in the
broker-dealer entity name.
    Filers will be able to shift the order of the uploaded documents,
and simultaneously select/de-select all uploaded documents on the
``Attach Documents List'' screen for the Regulation A submission form
types DOS, DOS/A, 1-A, 1-A/A, 1-A POS, 1-K, and 1-K/A.
    On October 31, 2016, the EDGAR system was upgraded to Release
16.3.3 and now supports the following changes:
    The ABS-EE CMBS Asset Class Item 2(e)(17), ``Payment Status Loan
Code'' associated types were updated to include the value ``0'' for
loan payment status of ``Current''. For more information, see section
4.3.20 of the updated ``EDGAR ABS XML Technical Specification''
document located on the SEC's Public Web site (https://www.sec.gov/info/edgar/tech-specs).
    The maximum allowable submission size for form types ABS-EE and
ABS-EE/A was increased to 600 MB.
    EDGAR was updated to remove the timeliness rule check, and to no
longer verify if the submission form types NT 10-K, NTN 10K, NT 10-Q,
NTN 10Q, NT 15D2, NTN15D2, NT 10-D, NTN 10D, NT 20-F, and NTN 20F were
submitted before the filing deadline.
    Along with the adoption of the Filer Manual, we are amending Rule
301 of Regulation S-T to provide for the incorporation by reference
into the Code of Federal Regulations of today's revisions. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    The updated EDGAR Filer Manual will be available for Web site
viewing and printing; the address for the Filer Manual is https://www.sec.gov/info/edgar/edmanuals.htm. You may also obtain paper copies
of the EDGAR Filer Manual from the following address: Public Reference
Room, U.S. Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m.
    Since the Filer Manual and the corresponding rule changes relate
solely to agency procedures or practice, publication for notice and
comment is not required under the Administrative Procedure Act
(APA).\4\ It follows that the requirements of the Regulatory
Flexibility Act \5\ do not apply.
---------------------------------------------------------------------------

    \4\ 5 U.S.C. 553(b)(A).
    \5\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

    The effective date for the updated Filer Manual and the rule
amendments is January 23, 2017. In accordance with the APA,\6\ we find
that there is good cause to establish an effective date less than 30
days after publication of these rules. The EDGAR system upgrade to
Release 16.4 is scheduled to become available on December 12, 2016. The
Commission believes that establishing an effective date less than 30
days after publication of these rules is necessary to coordinate the
effectiveness of the updated Filer Manual with these system upgrades.
---------------------------------------------------------------------------

    \6\ 5 U.S.C. 553(d)(3).
---------------------------------------------------------------------------

Statutory Basis

    We are adopting the amendments to Regulation S-T under Sections 6,
7, 8, 10, and 19(a) of the Securities Act of 1933,\7\ Sections 3, 12,
13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,\8\
Section 319 of the Trust Indenture Act of 1939,\9\ and Sections 8, 30,
31, and 38 of the Investment Company Act of 1940.\10\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
    \8\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll.
    \9\ 15 U.S.C. 77sss.
    \10\ 15 U.S.C. 80a-8, 80a-29, 80a-30, and 80a-37.
---------------------------------------------------------------------------

List of Subjects in 17 CFR Part 232

    Incorporation by reference, Reporting and recordkeeping
requirements, Securities.

Text of the Amendment

    In accordance with the foregoing, Title 17, Chapter II of the Code
of Federal Regulations is amended as follows:

PART 232--REGULATION S-T--GENERAL RULES AND REGULATIONS FOR
ELECTRONIC FILINGS

0
1. The authority citation for Part 232 continues to read in part as
follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 77z-3,
77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c),
80a-8, 80a-29, 80a-30, 80a-37, and 7201 et seq.; and 18 U.S.C. 1350.
* * * * *

0
2. Section 232.301 is revised to read as follows:

Sec.  232.301   EDGAR Filer Manual.

    Filers must prepare electronic filings in the manner prescribed by
the EDGAR Filer Manual, promulgated by the Commission, which sets out
the technical formatting requirements for electronic submissions. The
requirements for becoming an EDGAR Filer and updating company data are
set forth in the updated EDGAR Filer Manual, Volume I: ``General
Information,'' Version 25 (December 2016). The requirements for filing
on EDGAR are set forth in the updated EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 39 (December 2016). Additional provisions
applicable to Form N-SAR filers are set forth in the EDGAR Filer
Manual, Volume III: ``N-SAR Supplement,'' Version 5 (September 2015).
All of these provisions have been incorporated by reference into the
Code of Federal Regulations, which action was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. You must comply with these requirements in order for documents
to be timely received and accepted. The EDGAR Filer Manual is available
for Web site viewing and printing; the address for the Filer Manual is
https://www.sec.gov/info/edgar/edmanuals.htm. You can obtain paper
copies of the EDGAR Filer Manual from the following address: Public
Reference Room, U.S. Securities and Exchange Commission, 100 F Street
NE., Washington, DC 20549, on official business days between the hours
of 10:00 a.m. and 3:00 p.m. You can also inspect the document at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    By the Commission.

    Dated: December 9, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-32032 Filed 1-19-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7859-7862]
[FR Doc No: 2023-02512]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0766; Project Identifier 2019-NE-23-AD; Amendment
39-22312; AD 2023-02-05]
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) CF34-8C1, CF34-8C5, CF34-8C5A1, CF34-
8C5B1, CF34-8C5A2, CF34-8C5A3, CF34-8E2, CF34-8E2A1, CF34-8E5, CF34-
8E5A1, CF34-8E5A2, CF34-8E6, and CF34-8E6A1 model turbofan engines.
This AD was prompted by a predicted reduction in the cyclic life of the
combustion chamber assembly aft flange. This AD requires revisions to
the airworthiness limitations section (ALS) of the existing engine
manual (EM) and the operator's existing approved maintenance or
inspection program, as applicable, to incorporate initial and
repetitive fluorescent penetrant inspections (FPIs) of the combustion
chamber assembly. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective March 14, 2023.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 14,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov by
searching for and locating Docket No. FAA-2019-0766; 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.
    Material Incorporated by Reference:
     For GE service information identified in this final rule,
contact General Electric Company, 1 Neumann Way, Cincinnati, OH 45215;
phone:<PHONE_NUMBER>; email: ge.com">[email protected]ge.com; website:
ge.com.
     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 regulations.gov by searching for and locating Docket
No. FAA-2019-0766.

FOR FURTHER INFORMATION CONTACT: Scott Stevenson, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a supplemental notice of proposed rulemaking (SNPRM)
to amend 14 CFR part 39 by adding an AD that would apply to all GE
CF34-8C1, CF34-8C5, CF34-8C5A1, CF34-8C5B1, CF34-C5A2, CF34-8C5A3,
CF34-8E2, CF34-8E2A1, CF34-8E5, CF34-8E5A1, CF34-8E5A2, CF34-8E6, and
CF34-8E6A1 (CF34-8C and GE CF34-8E) model turbofan engines, including
engine models marked on the engine data plate as CF34-8C5/B, CF34-8C5/
M, CF34-8C5A1/B, CF34-8C5A1/M, CF34-8C5B1/B, CF34-8C5A2/B, and CF34-
8C5A2/M. The SNPRM published in the Federal Register on October 07,
2022 (87 FR 60944). The SNPRM was prompted by a predicted reduction in
the cyclic life of the combustion chamber assembly aft flange. As a
result, the manufacturer incorporated temporary revisions (TRs) into
the GE CF34-8C and GE CF34-8E EMs for a scheduled maintenance check. In
the SNPRM, the FAA proposed to require revisions to the ALS of the
existing EM and the operator's existing approved maintenance or
inspection program, as applicable, to incorporate initial and
repetitive FPIs of the combustion chamber assembly. 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 three commenters. The commenters
were Horizon Air, Japan Airlines (JAL), and SkyWest Airlines (SkyWest).
The following presents the comments received on the SNPRM and the FAA's
response to each comment.

Request To Replace ``ESM'' Reference With ``EM'' Reference

    Horizon Air requested that the FAA replace all references of
``ESM'' with ``EM'' in this final rule. Horizon Air reasoned that the
SNPRM only defines the acronym ``EM,'' and both acronyms are used
interchangeably in the SNPRM.
    The FAA clarifies that the reference to ``ESM'' is not an acronym
defined by the FAA in the proposed AD and used interchangeably with
``EM.'' ``ESM'' is part of GE's chapter title within each task
reference and must be used for an accurate reference. The FAA did not
change this AD as a result of this comment.

Request To Add the Date of the Task in Paragraph (g)(3)

    Horizon Air requested that the FAA include the task revision date
for ``TASK 05-21-03-200-801,'' referenced in paragraph (g)(3)(ii) of
the SNPRM. Horizon Air reasoned that adding the task revision date
would make the wording consistent with the dates of the tasks in
paragraphs (g)(1)(ii) and (2)(ii) of the SNPRM.
    The FAA established a shorthand notation in paragraph (g)(2)(ii) of
the SNPRM, which contains the full citation, including the task
revision date, followed by the shorthand notation ``TASK 05-21-03-200-
801.'' The FAA then used the established shorthand notation to
reference the task in paragraph (g)(3)(ii) of the SNPRM. The FAA did
not change this AD as a result of this comment.

Request To Revise Paragraph (g)(1)(ii), (2)(ii), and (3)(ii) of the AD

    Horizon Air requested that the FAA revise paragraphs (g)(1)(ii),
(2)(ii), and (3)(ii) of the AD, as those paragraphs do not clearly
include that performance of the inspection within 2,200 cycles from the
effective date of this AD is only applicable to those combustion
chamber assemblies that have exceeded the inspection threshold
specified in the tables referenced in TASK 05-21-03-200-801. Similarly,
JAL requested that the FAA revise paragraph (g)(1)(ii) for the same
reasons articulated by Horizon Air.
    In response to these comments, the FAA has revised the language in
paragraphs (g)(1)(ii), (2)(ii), and (3)(ii) of this AD to clarify that
where the notes to Tables 801, 802, 803, 804, and 805, included in TASK
05-21-03-200-801, specify to perform the inspection within 2,200 cycles
from the issuance date of the TR, this AD requires performing the
inspection within 2,200 cycles from the effective date of this AD. The
FAA further clarifies that the notes are part of the task, and
therefore, has removed ``including the notes.''

Request To Correct an Incorrect Reference to a Task in Paragraph
(g)(2)(i)

    SkyWest requested that the FAA correct an incorrect reference in
paragraph (g)(2)(i) of this AD. SkyWest noted that Table 802 does not
exist in TASK 05-11-25-200-801, which is specific to GE CF34-8C5 model
turbofan engines with/B minor model designation.
    In response to this comment, the FAA has revised paragraph
(g)(2)(i) of this AD from ``Table 801 in TASK 05-11-05-200-801 and
Table 802 in TASK 05-11-25-200-801, dated November 3, 2020, from ESM
05-11-25 Static Structures--BJ Life Limits (TASK 05-11-25-200-801)'' to
``Tables 801 (for -8C1) and 802 (for -8C5) in TASK 05-11-05-200-801,
dated March 4, 2021, from ESM 05-11-05 Static Structures--Life Limits
(TASK 05-11-05-200-801).''

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. Except for minor editorial changes, and
any other changes described previously, this AD is adopted as proposed
in the SNPRM. None of the changes will increase the economic burden on
any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following tasks:
     TASK 05-11-05-200-801, dated March 4, 2021, from ESM 05-
11-05 Static Structures--Life Limits, of GE CF34-8C EM GEK105091, Rev
51, dated April 1, 2022;
     TASK 05-11-05-200-801, dated March 4, 2021, from ESM 05-
11-05 Static Structures--Life Limits, of GE CF34-8E EM GEK112031, Rev
43, dated April 1, 2022; and
     TASK 05-11-25-200-801, dated November 3, 2020, from ESM
05-11-25 Static Structures--BJ Life Limits, of GE CF34-8C EM GEK105091,
Rev 51, dated April 1, 2022.
    These tasks, differentiated by GE CF34-8 turbofan engine model,
identify the combustion chamber assembly part number, life limit
cycles, and revised inspections.
    The FAA also reviewed the following tasks:
     TASK 05-21-03-200-801, dated April 1, 2019, from ESM 05-
21-03 Airworthiness Limitations--Mandatory Inspection 001, of GE CF34-
8C EM GEK105091, Rev 51, dated April 1, 2022; and
     TASK 05-21-03-200-801, dated April 1, 2019, from ESM 05-
21-03 Airworthiness Limitations--Mandatory Inspection 001, of GE CF34-
8E EM GEK112031, Rev 43, dated April 1, 2022.
    These tasks, differentiated by GE CF34-8 turbofan engine model,
describe revised inspection threshold limits and re-inspection interval
limits for the combustion chamber assembly.
    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 1,633 GE CF34-8C turbofan
engine models and 857 GE CF34-8E turbofan engine models 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
----------------------------------------------------------------------------------------------------------------
Revise the ALS of the EM and            1 work-hour x $85 per                 $0             $85        $211,650
 operator's existing approved            hour = $85.
 maintenance or inspection program (GE
 CF34-8C and CF34-8E).
----------------------------------------------------------------------------------------------------------------

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:

2023-02-05 General Electric Company: Amendment 39-22312; Docket No.
FAA-2019-0766; Project Identifier 2019-NE-23-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective March 14, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to General Electric Company (GE) CF34-8C1, CF34-
8C5, CF34-8C5A1, CF34-8C5B1, CF34-8C5A2, CF34-8C5A3, CF34-8E2, CF34-
8E2A1, CF34-8E5, CF34-8E5A1, CF34-8E5A2, CF34-8E6, and CF34-8E6A1
model turbofan engines, including engine models marked on engine
data plate as CF34-8C5/B, CF34-8C5/M, CF34-8C5A1/B, CF34-8C5A1/M,
CF34-8C5B1/B, CF34-8C5A2/B, and CF34-8C5A2/M.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7240, Turbine Engine
Combustion Section.

(e) Unsafe Condition

    This AD was prompted by a predicted reduction in the cyclic life
of the combustion chamber assembly aft flange. The FAA is issuing
this AD to prevent failure of the combustion chamber assembly. The
unsafe condition, if not addressed, could result in combustion
chamber assemblies failing before reaching their published life
limit, uncontained release of the combustion chamber assembly,
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

    Within 90 days after the effective date of this AD, revise the
airworthiness limitations section (ALS) of the existing engine
manual (EM) and the operator's existing approved maintenance or
inspection program, as applicable, to incorporate the following
requirements for fluorescent penetrant inspections of the combustion
chamber assembly aft flange.
    (1) For combustion chamber assemblies with part numbers (P/Ns)
4145T11G08, 4145T11G09, 4180T27G01, or 4180T27G03 installed on GE
CF34-8E model turbofan engines:
    (i) Replace Table 801, Static Structures--Life Limits (Table
801), with the revised Table 801 in TASK 05-11-05-200-801, dated
March 4, 2021, from ESM 05-11-05 Static Structures--Life Limits
(TASK 05-11-05-200-801), of GE CF34-8E EM GEK112031, Rev 43, dated
April 1, 2022 (GE CF34-8E EM GEK112031), and
    (ii) Add TASK 05-21-03-200-801, dated April 1, 2019, from ESM
05-21-03 Airworthiness Limitations--Mandatory Inspection 001 (TASK
05-21-03-200-801), of GE CF34-8E EM GEK112031. Where the notes to
Tables 801 and 802, included in TASK 05-21-03-200-801 of GE CF34-8E
EM GEK112031, specify to perform the inspection within 2,200 cycles
from the issuance date of the temporary revision (TR), this AD
requires performing the inspection within 2,200 cycles from the
effective date of this AD.
    (2) For combustion chamber assemblies with P/Ns 4126T87G04,
4126T87G05, 4126T87G07, 4126T87G08, 4180T27G04, 4923T82G01, or
4923T82G02 installed on GE CF34-8C1 model turbofan engines, or with
P/Ns 4145T11G08, 4145T11G10, 4180T27G02, 4180T27G04, or 4923T82G02
installed on GE CF34-8C5, CF34-8C5/M, CF34-8C5A1, CF34-8C5A1/M,
CF34-8C5A2, CF34-8C5A2/M, CF34-8C5A3, or CF34-8C5B1 model turbofan
engines:
    (i) Replace Tables 801 (for -8C1) and 802 (for -8C5) Static
Structures--Life Limits (Table 801 and Table 802), with the revised
Tables 801 and 802 in TASK 05-11-05-200-801, dated March 4, 2021,
from ESM 05-11-

05 Static Structures--Life Limits (TASK 05-11-05-200-801), of GE
CF34-8C EM GEK105091, Rev 51, dated April 1, 2022 (GE CF34-8C EM
GEK105091); and
    (ii) Add TASK 05-21-03-200-801, dated April 1, 2019, from ESM
05-21-03 Airworthiness Limitations--Mandatory Inspection 001 (TASK
05-21-03-200-801), of GE CF34-8C EM GEK105091. Where the notes to
Tables 801, 802, 803, 804, and 805, included in TASK 05-21-03-200-
801 of GE CF34-8C EM GEK105091, specify to perform the inspection
within 2,200 cycles from the issuance date of the TR, this AD
requires performing the inspection within 2,200 cycles from the
effective date of this AD.
    (3) For combustion chamber assemblies with P/Ns 4145T11G08,
4145T11G10, 4180T27G02, 4180T27G04, or 4923T82G02 installed on GE
CF34-8C5B1/B, CF34-8C5/B, CF34-8C5A1/B, or CF34-8C5A2/B model
turbofan engines:
    (i) Replace Table 801 (for/B -8C5) Static Structures--Life
Limits with the revised Table 801 in TASK 05-11-25-200-801, of GE
CF34-8C EM GEK105091; and
    (ii) Add TASK-05-21-03-200-801, of GE CF34-8C EM GEK105091.
Where the notes to Tables 801, 802, 803, 804, and 805, included in
TASK 05-21-03-200-801 of GE CF34-8C EM GEK105091, specify to perform
the inspection within 2,200 cycles from the issuance date of the TR,
this AD requires performing the inspection within 2,200 cycles from
the effective date of this AD.
    (4) After performing the actions required by paragraphs (g)(1)
through (3) of this AD, except as provided in paragraph (i) of this
AD, no alternative life limits may be approved.

(h) Credit for Previous Actions

    You may take credit for revising the ALS of the existing EM and
the operator's existing approved maintenance or inspection program,
as applicable, required by paragraphs (g)(1) through (3) of this AD
if the actions were completed before the effective date of this AD
using GE CF34-8E EM TR 05-0085, dated February 21, 2019; GE CF34-8C
TR 05-0141, dated February 21, 2019; GE CF34-8C TR 05-0143, dated
February 13, 2019; GE CF34-8E TR 05-0086, dated February 13, 2019;
or GE CF34-8C TR 05-0142, dated February 13, 2019.

(i) 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 paragraph (j) of this AD and email it to: [email protected].
    (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.

(j) Related Information

    For more information about this AD, contact Scott Stevenson,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; email:
[email protected].

(k) 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) TASK 05-11-05-200-801, dated March 4, 2021, from ESM 05-11-
05 Static Structures--Life Limits, of GE CF34-8C EM GEK105091, Rev
51, dated April 1, 2022.
    (ii) TASK 05-11-05-200-801, dated March 4, 2021, from ESM 05-11-
05 Static Structures--Life Limits, of GE CF34-8E EM GEK112031, Rev
43, dated April 1, 2022.
    (iii) TASK 05-11-25-200-801, dated November 3, 2020, from ESM
05-11-25 Static Structures--BJ Life Limits, of GE CF34-8C EM
GEK105091, Rev 51, dated April 1, 2022.
    (iv) TASK 05-21-03-200-801, dated April 1, 2019, from ESM 05-21-
03 Airworthiness Limitations--Mandatory Inspection 001, of GE CF34-
8C EM GEK105091, Rev 51, dated April 1, 2022.
    (v) TASK 05-21-03-200-801, dated April 1, 2019, from ESM 05-21-
03 Airworthiness Limitations--Mandatory Inspection 001, of GE CF34-
8E EM GEK112031, Rev 43, dated April 1, 2022.
    (3) For GE service information identified in this AD, contact
General Electric Company, 1 Neumann Way, Cincinnati, OH 45215;
phone:<PHONE_NUMBER>; email: ge.com">[email protected]ge.com; website:
ge.com.
    (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 protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 19, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-02512 Filed 2-6-23; 8:45 am]
BILLING CODE 4910-13-P