[Federal Register Volume 80, Number 131 (Thursday, July 9, 2015)]
[Proposed Rules]
[Pages 39394-39397]
[FR Doc No: 2015-16763]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-2460; Directorate Identifier 2014-NM-163-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2010-26-
10, which applies to certain The Boeing Company Model 747-200C, -200F,
-400, -400D, and -400F series airplanes. AD 2010-26-10 currently
requires repetitive inspections for cracking of the lap joints,
modification of certain lap joints, and certain post-repair inspections
of the lap joints. Since we issued AD 2010-26-10, an evaluation by the
design approval holder (DAH) has indicated that certain lap joints are
subject to widespread fatigue damage (WFD). This proposed AD would add
new repetitive post-modification inspections for cracking in the lap
joints, and repair if necessary. We are proposing this AD to detect and
correct fatigue cracking in certain lap joints, which could result in
rapid depressurization and consequent reduced structural integrity of
the airplane.

DATES: We must receive comments on this proposed AD by August 24, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this proposed AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2015-2460.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
2460; or in person at the Docket Management Facility 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
Office

(phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Nathan Weigand, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax:
425-917-6590; email<EMAIL_ADDRESS>
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-2015-2460;
Directorate Identifier 2014-NM-163-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 because of those comments.
    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

    On December 13, 2010, we issued AD 2010-26-10, Amendment 39-16549
(75 FR 81427, December 28, 2010), for certain Model 747-200C, -200F, -
400, -400D, and -400F series airplanes. AD 2010-26-10 requires
repetitive inspections for cracking of the lap joints, modification of
certain lap joints and certain post-repair inspections of the lap
joints. AD 2010-26-10 resulted from a structural review of affected
skin lap joints for WFD. We issued AD 2010-26-10 to prevent fatigue
cracking in certain lap joints, which could result in rapid
depressurization and consequent reduced structural integrity of the
airplane.

Widespread Fatigue Damage

    Structural fatigue damage is progressive. It begins as minute
cracks, and those cracks grow under the action of repeated stresses.
This can happen because of normal operational conditions and design
attributes, or because of isolated situations or incidents such as
material defects, poor fabrication quality, or corrosion pits, dings,
or scratches. Fatigue damage can occur locally, in small areas or
structural design details, or globally. Global fatigue damage is
general degradation of large areas of structure with similar structural
details and stress levels. Multiple-site damage is global damage that
occurs in a large structural element such as a single rivet line of a
lap splice joining two large skin panels. Global damage can also occur
in multiple elements such as adjacent frames or stringers. Multiple-
site-damage and multiple-element-damage cracks are typically too small
initially to be reliably detected with normal inspection methods.
Without intervention, these cracks will grow, and eventually compromise
the structural integrity of the airplane, in a condition known as
widespread fatigue damage (WFD). As an airplane ages, WFD will likely
occur, and will certainly occur if the airplane is operated long enough
without any intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that DAHs
establish a limit of validity (LOV) of the engineering data that
support the structural maintenance program. Operators affected by the
WFD rule may not fly an airplane beyond its LOV, unless an extended LOV
is approved.
    The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.

Actions Since AD 2010-26-10, Amendment 39-16549 (75 FR 81427, December
28, 2010), Was Issued

    Since we issued AD 2010-26-10, Amendment 39-16549 (75 FR 81427,
December 28, 2010), an evaluation by the DAH has indicated that certain
lap joints are subject to WFD.

Related Service Information Under 1 CFR part 51

    We reviewed Boeing Alert Service Bulletin 747-53A2499, Revision 3,
dated July 15, 2014. The service information describes procedures for
body skin lap joint inspections and modifications in sections 41, 42,
and 43. 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 the ADDRESSES section of this
NPRM.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2010-26-10, Amendment 39-16549 (75 FR 81427,
December 28, 2010), this proposed AD would retain all of the
requirements of AD 2010-26-10. Those requirements are referenced in the
service information identified previously, which, in turn, is
referenced in paragraphs (g) and (h) of this proposed AD. This proposed
AD would require accomplishing the actions specified in the service
information described previously, except as discussed under
``Difference Between this Proposed AD and the Service Bulletin.'' Refer
to this service information for details on the procedures and
compliance times.

Difference Between This Proposed AD and the Service Bulletin

    Although Boeing Alert Service Bulletin 747-53A2499, Revision 3,
dated July 15, 2014, specifies that operators may contact the
manufacturer for disposition of certain repair conditions, this
proposed AD would require repairing those conditions in one of the
following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization

Designation Authorization (ODA) whom we have authorized to make those
findings.

Explanation of Compliance Time

    The compliance time for the modification specified in this proposed
AD for addressing WFD was established to ensure that discrepant
structure is modified before WFD develops in airplanes. Standard
inspection techniques cannot be relied on to detect WFD before it
becomes a hazard to flight. We will not grant any extensions of the
compliance time to complete any AD-mandated service bulletin related to
WFD without extensive new data that would substantiate and clearly
warrant such an extension.

Costs of Compliance

    We estimate that this proposed AD affects 120 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Pre-modification inspections       Up to 675 work-                  $0  Up to $57,375 per    Up to $6,885,000
 [retained action from AD 2010-26-  hours, = up to                       inspection cycle.    per inspection
 10, Amendment 39-16549 (75 FR      $57,375.                                                  cycle.
 81427, December 28, 2010)].
Modification [retained action      Up to 5,819 work-                 0  Up to $494,615.....  Up to $59,353,800.
 from AD 2010-26-10, Amendment 39-  hours x $85 per
 16549 (75 FR 81427, December 28,   hour = up to
 2010)].                            $494,615.
New proposed post-modification     Up to 105 work-                   0  Up to $8,925 per     Up to $1,071,000
 inspections.                       hours x $85 per                      inspection cycle.    per inspection
                                    hour = up to                                              cycle.
                                    $8,925.
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    We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions specified in this proposed
AD.

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 have 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 that the 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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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 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

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 removing Airworthiness Directive (AD)
2010-26-10, Amendment 39-16549 (75 FR 81427, December 28, 2010), and
adding the following new AD:

The Boeing Company: Docket No. FAA-2015-2460; Directorate Identifier
2014-NM-163-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by August 24,
2015.

(b) Affected ADs

    This AD replaces AD 2010-26-10, Amendment 39-16549 (75 FR 81427,
December 28, 2010).

(c) Applicability

    This AD applies to The Boeing Company Model 747-200C, -200F, -
400, -400D, and -400F series airplanes; certificated in any
category; as identified in Boeing Alert Service Bulletin 747-
53A2499, Revision 3, dated July 15, 2014.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder (DAH) indicating that certain lap joints are subject to
widespread fatigue damage (WFD). We are issuing this AD to detect
and correct fatigue cracking in certain lap joints, which could
result in rapid depressurization and consequent reduced structural
integrity of the airplane.

(f) Compliance

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

(g) Repetitive Lap Joint Inspections

    At the applicable time specified in Table 1 and Table 3 of
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2499, Revision 3, dated July 15, 2014, except as required by
paragraph (j)(1) of this AD: Do eddy current inspections for cracks
in the skin of the lap joints, and do all applicable repairs, in
accordance with the Accomplishment Instructions of Boeing

Alert Service Bulletin 747-53A2499, Revision 3, dated July 15, 2014,
except as required by paragraph (j)(2) of this AD. Do all applicable
repairs before further flight. Repeat the applicable inspections
thereafter at intervals not to exceed those specified in Table 1 and
Table 3 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 747-53A2499, Revision 3, dated July 15, 2014

(h) Lap Joint Modification

    At the applicable time specified in Tables 2, 4, 5, and 6 of
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2499, Revision 3, dated July 15, 2014, except as required by
paragraph (j)(1) of this AD: Modify the applicable lap joints, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2499, Revision 3, dated July 15, 2014,
except as required by paragraph (j)(2) of this AD. Accomplishment of
the modification required by this paragraph terminates the
repetitive inspections required by paragraph (g) of this AD for the
length of the modified lap joint.

(i) Lap Joint Post-Modification Inspections

    At the applicable time specified in Tables 7, 8, 9, and 10 of
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2499, Revision 3, dated July 15, 2014, except as required by
paragraph (j)(1) of this AD: Do the applicable inspections specified
in paragraph (i)(1), (i)(2), or (i)(3) of this AD, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-53A2499, Revision 3, dated July 15, 2014. Repeat the
applicable inspections thereafter at the applicable times specified
in Tables 7, 8, 9, and 10 of paragraph 1.E, ``Compliance,'' of
Boeing Alert Service Bulletin 747-53A2499, Revision 3, dated July
15, 2014. If any crack is found during any inspection, repair before
further flight using a method approved in accordance with the
procedures specified in paragraph (l) of this AD.
    (1) For airplanes identified as Groups 2 through 5 and 8 through
10 in Boeing Alert Service Bulletin 747-53A2499, Revision 3, dated
July 15, 2014: Internal detailed and surface high frequency eddy
current (HFEC) inspections for any crack in the skin or internal
doubler.
    (2) For airplanes identified as Groups 6, 11, and 19 in Boeing
Alert Service Bulletin 747-53A2499, Revision 3, dated July 15, 2014:
External detailed and low frequency eddy current inspections of the
upper and lower skin panels for cracking, external detailed and HFEC
inspections of the doubler for cracking, and internal detailed and
HFEC inspections of the upper and lower skin panels for cracking
(for airplanes with a stringer 6 lap joint modification installed
between STA 340 and STA 400 as specified in Boeing Service Bulletin
747-53-2272); or internal detailed and surface HFEC inspections for
any crack in the skin or internal doubler (for airplanes with lap
joints modified as specified in Boeing Alert Service Bulletin 747-
53A2499.)
    (3) For airplanes identified as Groups 1, 7, and 12 through 18
in Boeing Alert Service Bulletin 747-53A2499, Revision 3, dated July
15, 2014: Internal detailed and surface HFEC inspections for any
crack in the skin or internal doubler.

(j) Exceptions to Service Bulletin Procedures

    (1) Where Boeing Alert Service Bulletin 747-53A2499, Revision 3,
dated July 15, 2014, specifies a compliance time ``after the
Revision 3 date of this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
    (2) Where Boeing Alert Service Bulletin 747-53A2499, Revision 3,
dated July 15, 2014, specifies to contact Boeing for repair
instructions: Before further flight, repair using a method approved
in accordance with the procedures specified in paragraph (l) of this
AD.

(k) Credit for Previous Actions

    Actions done before the effective date of this AD using the
service information identified in paragraph (k)(1) or (k)(2) of this
AD are acceptable for compliance with the corresponding requirements
of paragraphs (g) and (h) of this AD.
    (1) Boeing Alert Service Bulletin 747-53A2499, Revision 1, dated
October 30, 2008, which is not incorporated by reference in this AD.
    (2) Boeing Alert Service Bulletin 747-53A2499, Revision 2, dated
August 12, 2010, which was incorporated by reference in AD 2010-26-
10, Amendment 39-16549 (75 FR 81427, December 28, 2010).

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 ACO, send it to the
attention of the person identified in paragraph (m)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved for AD 2010-26-10, Amendment 39-16549 (75 FR
81427, December 28, 2010), are approved as AMOCs for the
corresponding provisions of paragraphs (g) and (h) this AD.

(m) Related Information

    (1) For more information about this AD, contact Nathan Weigand,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this 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>.

    Issued in Renton, Washington, on June 29, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-16763 Filed 7-8-15; 8:45 am]
BILLING CODE 4910-13-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited as this is not my profession. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. Currently, I have been completely abstinent from cigarettes for over 8 months, which was not something I have ever been able to accomplish using any other means including Chantix, NRT, hypnotherapy, etc. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register: December 28, 2005 (Volume 70, Number 248)]
[Notices]
[Page 76793-76794]
[DOCID:fr28de05-76]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2618-015-Maine]

Domtar Maine Corporation; Notice Soliciting Applications

December 21, 2005.
    On August 21, 1995, Georgia-Pacific Corporation, the licensee for
the West Branch Project No. 2618, filed a notice of intent to file an
application for a new license, pursuant to section 15(b)(1) of the
Federal Power Act (FPA).\1\ The original license was issued September
4, 1980, became effective April 1, 1962, and expired September 30,
2000. The project is currently operating under an annual license.\2\
The project is a storage reservoir located on the St. Croix River in
Washington County, Maine.
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    \1\ The project was transferred to Domtar Maine Corporation
(Domtar) on October 26, 2001. 97 FERC ] 62,078.
    \2\ Notice authorizing continued project operation was issued
October 17, 2000.
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    The West Branch Project includes two developments, West Grand Lake
and Sysladobsis Lake. The West Grand Lake development consists of a 13-
foot-high, 485-foot-long dam and a 23,825-acre reservoir. The
Sysladobsis Lake development consists of a 5.5-foot-high, 25-foot-long
dam and a 5,400-acre reservoir. There are no generating facilities at
either of these developments. Water flows from the Sysladobsis Lake
development to the West Grand Lake development, and from there travels
ten miles downstream to the Grand Falls project and on to the Woodland
project. The Grand Falls and Woodland Projects, both of which generate
electricity, have been found not to require licensing, because they
were authorized by a 1916 Act of Congress that predated the 1920
enactment of what is now part I of the FPA.\3\
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    \3\ 39 Stat. 534. 45 FERC ] 62,070 and 45 FERC ] 62,071.
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    Pursuant to Sec.  16.9 of the Commission's regulations, the
deadline for filing an application for new license and any competing
license application was September 30, 1998. No application for license
for this project was filed. Normally, pursuant to section 16.25 of the
Commission's regulations, the Commission would solicit applications
from potential applicants other than the existing licensee. However,
the Commission's Order On Rehearing, On Clarification, and Lifting
Stay,\4\ concludes that it would be in the public interest to allow
Domtar the opportunity to file an application for new license for

this project and confirms that the incumbent preference will apply in
any licensing proceedings that ensue. In the rehearing order, the
Commission waived those parts of 18 CFR 16.24(a)(2) and 16.25(a) that
would otherwise bar Domtar from filing an application in response to
this notice.
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    \4\ 99 FERC ] 61,276.
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    The licensee is required to make available certain information
described in section 16.7 of the Commission's regulations. Such
information is available from the licensee at Domtar Industries, Inc.,
Woodland Mill, 144 Main Street, Baileyville, Maine 04694.
    A potential applicant that files a notice of intent and pre-
application document within 90 days from the date of issuance of this
notice: (1) May apply for a license under part I of the FPA and part 4
(except section 4.38) of the Commission's regulations within 36 months
of the date on which it files its notice; \5\ and (2) must comply with
the requirements of section 16.8 of the Commission's regulations.
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    \5\ The Commission's regulation requires license applications to
be filed within 18 months of the date a license applicant files its
notice of intent. However, because the Commission's Integrated
Licensing Process calls for a three year pre-application process,
section 16.25(b)(1) is extended for this project.

Magalie R. Salas,
Secretary.
[FR Doc. E5-7938 Filed 12-27-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 80 (Wednesday, April 28, 2021)]
[Notices]
[Pages 22479-22481]
[FR Doc No: 2021-08862]

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SECURITIES AND EXCHANGE COMMISSION

[[Release No. 34-91635; File No. SR-DTC-2021-006]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Remove the Security Holder Tracking Service

April 22, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 16, 2021, The Depository Trust Company (``DTC'') filed with
the Securities and Exchange Commission (``Commission'')

the proposed rule change as described in Items I, II, and III below,
which Items have been prepared by the clearing agency. DTC filed the
proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(4) thereunder.\4\ 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\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change \5\ consists of modifications to the
Procedures \6\ of DTC to remove a service that allows issuers of
Securities, either themselves or through an issuer-designated
administrator, to track and limit the number of beneficial owners for
an individual Security (``Security Holder Tracking Service''), as
described in greater detail below.
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    \5\ Capitalized terms not defined herein are defined in the
Rules, By-Laws and Organization Certificate of DTC (``Rules''),
available at http://www.dtcc.com/~/media/Files/Downloads/legal/
rules/dtc_rules.pdf.
    \6\ Pursuant to the Rules, the term ``Procedures'' means the
Procedures, service guides, and regulations of DTC adopted pursuant
to Rule 27, as amended from time to time. See Rule 1, Section 1, id.
DTC's Procedures are filed with the Commission, and are binding on
DTC and each Participant in the same manner as they are bound by the
Rules. See Rule 27, id.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, the clearing agency 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 clearing agency has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    The proposed rule change consists of modifications to the
Procedures of DTC to remove the Security Holder Tracking Service, as
described in greater detail below.
Background
    In 2008, DTC established the Security Holder Tracking Service to
allow issuers, either themselves or through an issuer-designated
administrator, to track and limit the number of beneficial owners for
an individual Security.\7\ Related fees were also added to the Guide to
the 2021 DTC Fee Schedule (``Fee Guide'').\8\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 59102 (December 15,
2008), 73 FR 78411 (December 22, 2008) (SR-DTC-2008-11).
    \8\ Available at https://www.dtcc.com/-/media/Files/Downloads/legal/fee-guides/dtcfeeguide.pdf.
---------------------------------------------------------------------------

    DTC developed the Security Holder Tracking Service after it was
approached by a group of Participants who were interested in providing
greater liquidity and access to capital for closely held issuers in the
private equities market for Securities that are transferable pursuant
to Rule 144A under the Securities Act of 1933.\9\ The proposal
contemplated the development of a system that would allow the
Securities to be made eligible for DTC services while allowing the
issuer of the Securities, typically through an agent, to control the
number and character of the beneficial owners of its Securities. The
need to control the number of beneficial owners was so that the issuer
did not trigger certain regulatory reporting requirements.
---------------------------------------------------------------------------

    \9\ Rule 144A is a safe harbor exemption from the registration
requirements of Section 5 of the Securities Act of 1933, 15 U.S.C.
77e, for certain offers and sales of qualifying securities by
certain persons other than the issuer of the securities. See 17 CFR
230.144A.
---------------------------------------------------------------------------

    In order to facilitate the settlement and asset servicing of these
securities within DTC without exceeding the issuer's limit of
beneficial owners, DTC was asked to build a mechanism that would allow
issuers to track and limit the number of beneficial owners of its
Securities (``Tracked Securities'').
    The eligibility process for a Tracked Security to be made and
remain DTC-eligible is the same as other Securities,\10\ except, in
addition to the traditional process, DTC must be instructed in writing
to set up a specific CUSIP for tracking.\11\ At the same time, the
issuer must instruct DTC as to whom will perform the function of the
administrator for the CUSIP within the Security Holder Tracking
Service.\12\
---------------------------------------------------------------------------

    \10\ See Rule 5, supra note 5, and the DTC Operational
Arrangements (Necessary for Securities to Become and Remain Eligible
for DTC Services), available at https://www.dtcc.com/~/media/Files/
Downloads/legal/issue-eligibility/eligibility/operational-
arrangements.pdf.
    \11\ This instruction would be provided to DTC by the
underwriter of the Security at the time of the initial distribution
at DTC.
    \12\ It was anticipated that the administrator would typically
be the transfer agent for the issue.
---------------------------------------------------------------------------

    Pursuant to the Procedures, as set forth in the Settlement Service
Guide \13\ and the Underwriting Service Guide,\14\ once the Security
becomes eligible for DTC services, DTC will activate the tracking
indicator on its security master file. Additionally, once it is made
eligible, DTC will perform asset servicing for the issue.
---------------------------------------------------------------------------

    \13\ See Settlement Service Guide, available at https://
www.dtcc.com/~/media/Files/Downloads/legal/service-guides/
Settlement.pdf, at 69-71.
    \14\ See Underwriting Service Guide, available at https://
www.dtcc.com/~/media/Files/Downloads/legal/service-guides/
Underwriting-Service-Guide.pdf, at 18-20.
---------------------------------------------------------------------------

    The administrator appointed by the issuer (the ``Administrator'')
will control movements of the issues for which it has been appointed.
Once the tracking indicator has been activated in the DTC system and
the Administrator has been appointed, no transfer of a Tracked Security
may take place without the approval of the Administrator through DTC's
Inventory Management System (``IMS''). The Administrator, based on
requirements of the issuer, shall be solely responsible for determining
whether a transaction should be effected in DTC. Once approved by the
Administrator, DTC may perform centralized book-entry settlement.
    IMS only allows an Administrator access to view and approve
transactions for Securities for which they have been appointed
Administrator as reflected in DTC's records.
    As DTC is relying solely on the instructions of the Administrator
in order to effect settlement in Tracked Securities and has no
knowledge of the number or character of the underlying beneficial
owners, use of the Security Holder Tracking Service by any party
constitutes an agreement that DTC shall not be liable for any loss or
damages related to the use of the Security Holder Tracking Service. Any
user of the Security Holder Tracking Service agrees to indemnify and
hold harmless DTC and its affiliates from and against any and all
losses, damages, liabilities, costs, judgments, charges, and expenses
arising out of or relating to the use of the Security Holder Tracking
Service.
    The following fees relating to the service are included in the Fee
Guide:
 $25,000 per CUSIP for Security Holder Tracking Services \15\
---------------------------------------------------------------------------

    \15\ See Fee Guide, supra note 8, at 25.
---------------------------------------------------------------------------

 $5 per delivery and receive for Tracked Securities \16\
---------------------------------------------------------------------------

    \16\ Id. at 19.
---------------------------------------------------------------------------

 $5 per receive and delivery for reclaims of Tracked Securities
\17\
---------------------------------------------------------------------------

    \17\ Id.
---------------------------------------------------------------------------

    The Security Holder Tracking Service was never used by any party,
and no fees have been charged for the service. There has never been and
there are currently no Securities signed up for this service, and DTC
does not believe that any party will ever use the service.

As a result, DTC would like to remove the Security Holder Tracking
Service from the Procedures and the related fees from the Fee Guide.
Proposed Rule Change
    In order to implement the proposal above, DTC would delete the
provisions describing the Security Holder Tracking Service from the
applicable Procedures, specifically the provisions relating to the
Security Holder Tracking Service contained in the Settlement Service
Guide \18\ and the Underwriting Service Guide,\19\ respectively. DTC
would also remove the above-described fees from the Fee Guide.\20\
---------------------------------------------------------------------------

    \18\ See supra note 13.
    \19\ See supra note 14.
    \20\ See supra notes 15-17.
---------------------------------------------------------------------------

2. Statutory Basis
    Section 17A(b)(3)(F) of the Act requires, in part, that the Rules
be designed to promote the prompt and accurate clearance and settlement
of securities transactions.\21\ DTC believes that the proposed rule
change is consistent with this provision because it would provide
enhanced clarity and transparency for participants with respect to
services offered by DTC by updating the Procedures to remove the
ability to access a service that Participants and issuers did not
utilize and are unlikely to utilize in the future.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Therefore, by providing enhanced clarity and transparency in the
Rules regarding the services provided by DTC, DTC believes the proposed
rule change would promote the prompt and accurate clearance and
settlement of securities transactions, consistent with the requirements
of the Act, in particular Section 17A(b)(3)(F), cited above.

(B) Clearing Agency's Statement on Burden on Competition

    DTC does not believe that the proposed rule change would have any
impact on competition. Participants and issuers have not used the
Security Holder Tracking Service and are unlikely to use the service in
the future. Therefore, DTC believes the proposed rule change would have
no effect on Participants or issuers, other than to remove the
unutilized Security Holder Tracking Service from the Procedures.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    DTC has not received or solicited any written comments relating to
this proposal. DTC will notify the Commission of any written comments
received by DTC.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \22\ of the Act and paragraph (f) \23\ of Rule 19b-4
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend 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.
---------------------------------------------------------------------------

    \22\ 15 U.S.C 78s(b)(3)(A).
    \23\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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 email to<EMAIL_ADDRESS>Please include
File Number SR-DTC-2021-006 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-DTC-2021-006. This file
number should be included on the subject line if email 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of DTC and on DTCC's website
(http://dtcc.com/legal/sec-rule-filings.aspx).
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-DTC-2021-006 and
should be submitted on or before May 19, 2021.
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-08862 Filed 4-27-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Notices]
[Pages 31635-31636]
[FR Doc No: 2015-13467]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7165; FMCSA-2006-26066; FMCSA-2007-27515; FMCSA-
2009-0054; FMCSA-2009-0086; FMCSA-2010-0354; FMCSA-2011-0024; FMCSA-
2013-0022; FMCSA-2013-0024; FMCSA-2013-0026]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
16 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective June 20, 2015. Comments must be
received on or before July 6, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2000-
7165; FMCSA-2006-26066; FMCSA-2007-27515; FMCSA-2009-0054; FMCSA-2009-
0086; FMCSA-2010-0354; FMCSA-2011-0024; FMCSA-2013-0022; FMCSA-2013-
0024; FMCSA-2013-0026], using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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 or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    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.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-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 procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

II. Exemption Decision

    This notice addresses 16 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 16 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Fred Boggs (WV), Russell A. Bolduc (CT), Charles C. Chapman (NC), Paul
M. Christina (PA), Frederick M. DeHoff (IN), James M. Del Sasso (IL),
Stephen R. Dykstra (WI), Troy A. Gray (MI), Darryl W. Hardy (AL), Larry
M. Hawkins (AZ), Terry L. Lipscomb (AL), Jerry D. Paul (OK), Joseph E.
Pfaff (IL), Randel G. Pierce (WI), Garrick D. Pitts (AR), Dustin N.
Sullivan (MD).

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye

continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by
a medical examiner who attests that the individual is otherwise
physically qualified under 49 CFR 391.41; (2) that each individual
provides a copy of the ophthalmologist's or optometrist's report to the
medical examiner at the time of the annual medical examination; and (3)
that each individual provide a copy of the annual medical certification
to the employer for retention in the driver's qualification file and
retains a copy of the certification on his/her person while driving for
presentation to a duly authorized Federal, State, or local enforcement
official. Each exemption will be valid for two years unless rescinded
earlier by FMCSA. The exemption will be rescinded if: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 16 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (65 FR 33406; 65 FR 57234; 68 FR 13360; 70 FR 12265; 71 FR
63379; 72 FR 1050; 72 FR 21313; 72 FR 27624; 72 FR 32703; 74 FR 11988;
74 FR 19267; 74 FR 19270; 74 FR 21427; 74 FR 23472; 74 FR 28094; 75 FR
72863; 76 FR 2190; 76 FR 17481; 76 FR 21796; 76 FR 25762; 76 FR 28125;
76 FR 32016; 76 FR 32017; 77 FR 74273; 78 FR 12815; 78 FR 16912; 78 FR
22596; 78 FR 22598; 78 FR 22602; 78 FR 24300; 78 FR 29431; 78 FR 30954;
78 FR 32703; 78 FR 32708; 78 FR 37274). Each of these 16 applicants has
requested renewal of the exemption and has submitted evidence showing
that the vision in the better eye continues to meet the requirement
specified at 49 CFR 391.41(b)(10) and that the vision impairment is
stable. In addition, a review of each record of safety while driving
with the respective vision deficiencies over the past two years
indicates each applicant continues to meet the vision exemption
requirements. These factors provide an adequate basis for predicting
each driver's ability to continue to drive safely in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

IV. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2000-7165; FMCSA-2006-26066; FMCSA-2007-27515; FMCSA-
2009-0054; FMCSA-2009-0086; FMCSA-2010-0354; FMCSA-2011-0024; FMCSA-
2013-0022; FMCSA-2013-0024; FMCSA-2013-0026), 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 the Agency can contact you if it has
questions regarding your submission.
    To submit your comment online, got to http://www.regulations.gov
and put the docket number, ``FMCSA-2000-7165; FMCSA-2006-26066; FMCSA-
2007-27515; FMCSA-2009-0054; FMCSA-2009-0086; FMCSA-2010-0354; FMCSA-
2011-0024; FMCSA-2013-0022; FMCSA-2013-0024; FMCSA-2013-0026'' in the
``Keyword'' box, and click ``Search.'' When the new screen appears,
click on ``Comment Now!'' button and type your comment into the text
box in 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 and may change this
notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number,
``FMCSA-2000-7165; FMCSA-2006-26066; FMCSA-2007-27515; FMCSA-2009-0054;
FMCSA-2009-0086; FMCSA-2010-0354; FMCSA-2011-0024; FMCSA-2013-0022;
FMCSA-2013-0024; FMCSA-2013-0026'' in the ``Keyword'' box and click
``Search.'' Next, click ``Open Docket Folder'' button choose the
document listed 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., e.t., Monday through Friday, except Federal holidays.

    Issued on: May 21, 2015.
 Larry W. Minor,
Associate Administration for Policy.
[FR Doc. 2015-13467 Filed 6-2-15; 8:45 am]
BILLING CODE 4910-EX-P