[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Rules and Regulations]
[Pages 67301-67303]
[FR Doc No: 2021-25690]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0572; Project Identifier MCAI-2021-00391-R;
Amendment 39-21778; AD 2021-22-05]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Leonardo S.p.a. Model A119 and AW119 MKII helicopters. This AD was
prompted by reports of abnormal play on the collective torque tube on
two Model AW119 MKII helicopters. This AD requires repetitive
inspections of affected torque tube assemblies for any deficiency and
corrective action if necessary; and the replacement of any affected
part with a serviceable part, which is terminating action for the
repetitive inspections, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 3, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 3,
2022.

ADDRESSES: For EASA material incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this material at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy.,
Room 6N 321, Fort Worth, TX 76177. For information on the availability
of the EASA material at the FAA, call<PHONE_NUMBER>. It is also
available in the AD docket at https://www.regulations.gov by searching
for and locating Docket No. FAA-2021-0572.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0572; 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, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The address for Docket Operations is
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Mail Stop: Room 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0096, dated March 31, 2021
(EASA AD 2021-0096), to correct an unsafe condition for Leonardo S.p.A.
Helicopters, formerly Finmeccanica S.p.A., AgustaWestland S.p.A.,
Agusta S.p.A.; and AgustaWestland Philadelphia Corporation, formerly
Agusta Aerospace Corporation, Model A119 and AW119 MKII helicopters,
all serial numbers.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Leonardo S.p.a.
Model A119 and AW119 MKII helicopters. The NPRM published in the
Federal Register on July 20, 2021 (86 FR 38242). The NPRM was prompted
by reports of abnormal play on the collective torque tube on two Model
AW119 MKII helicopters. Investigations revealed that these events were
due to an erroneous manufacturing process, affecting certain collective
torque tube assemblies. The affected batch numbers were identified.
Leonardo S.p.a. Model A119 helicopters are similar in design and may be
subject to the same unsafe condition revealed on the Model AW119 MKII
helicopters. The NPRM proposed to require repetitive inspections of
affected torque tube assemblies for any deficiency and corrective
action if necessary; and the replacement of any affected part with a
serviceable part, which is terminating action for the repetitive
inspections, as specified in EASA AD 2021-0096.
    The FAA is issuing this AD to address abnormal play on the
collective torque tube, which could result in reduced control of the
helicopter, resulting in a forced landing and consequent damage to the
helicopter and injury to occupants. See EASA AD 2021-0096 for
additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received one comment from Air Methods Corporation (Air
Methods). The following presents the comment received on the NPRM and
the FAA's response to that comment.

Request To Apply Inspection and Replacement Criteria to Additional
Torque Tube Batch Numbers

    Air Methods requested that paragraph (h)(6) in the ``Exceptions to
EASA AD 2021-0096'' paragraph of the proposed AD be revised to allow
additional appropriate actions for torque tubes that have batch numbers
that are ``doubted.'' The commenter stated that applying the Group 1
inspection and replacement criteria to any torque tube, regardless of
batch number, is the most conservative action possible within the scope
of the service information referenced in EASA AD 2021-0096.
    The FAA does not agree with the commenter's request. The intent of
this AD is match the intent of EASA AD 2021-0096, which does not
include torque tube batch numbers that are unknown or ``in doubt''
within the Group 1 helicopters. Also, if a ``doubted'' torque tube
batch number is ultimately determined not to be within the number
ranges designated as Group 1 or Group 2 in EASA AD 2021-0096, then it
would be unnecessary to subject

that torque tube to the inspection and replacement requirements for
Group 1 helicopters. In addition, once this AD is published, any person
may request an alternative method of compliance (AMOC) by using the
procedures specified in paragraph (j) of this AD. The FAA has not
changed this AD regarding this issue.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator. Accordingly, the FAA is issuing this AD to
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0096 requires repetitive inspections of the affected
torque tube assemblies for any deficiency (i.e., any play) by marking
the torque tube assembly and the collar and applying specific loads to
determine if there is any play; and replacement of any affected part
that has any play with a serviceable part. EASA AD 2021-0096 also
requires the eventual replacement of any affected part with a
serviceable part, and specifies that replacement of an affected part on
a helicopter constitutes terminating action for the repetitive
inspections for that helicopter.
    This material 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.

Differences Between This AD and the EASA AD

    EASA AD 2021-0096 supersedes EASA AD 2019-0057, dated March 20,
2019 (EASA AD 2019-0057). The Group 1 helicopters identified in both
EASA AD 2021-0096 and EASA AD 2019-0057 are helicopters with collective
stick torque tube assemblies having part number (P/N) 109-0011-03-105
and batch number 823207 or earlier. Paragraph (1) of EASA AD 2021-0096
addresses Group 1 helicopters that have incorporated the actions
required by paragraph (2) of EASA AD 2019-0057. The FAA did not issue
an AD that corresponds to EASA AD 2019-0057, therefore, this AD
requires, for Group 1 helicopters, an initial inspection of the torque
tube assembly within 50 hours time-in-service (TIS) after the effective
date of the FAA AD and repetitive inspections thereafter at intervals
not to exceed 100 hours TIS.
    In addition, where paragraph (5) of EASA AD 2021-0096 specifies,
for Group 1 helicopters, replacement of an affected part with a
serviceable part ``within 36 months after April 3, 2019 [the effective
date of EASA AD 2019-0057]'', for this AD, the compliance time is
within 24 months after the effective date of this AD.

Costs of Compliance

    The FAA estimates that this AD affects 136 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.......................  2 work-hours x $85               $0  $170 per inspection  $23,120 per
                                    per hour = $170                      cycle.               inspection cycle.
                                    per inspection
                                    cycle.
Replacement......................  16 work-hours x $85          $9,928  $11,288............  $1,535,168.
                                    per hour = $1,360.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.

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:

2021-22-05 Leonardo S.p.a.: Amendment 39-21778; Docket No. FAA-2021-
0572; Project Identifier MCAI-2021-00391-R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 3, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A119 and AW119 MKII
helicopters, certificated in any category, all serial numbers.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6700, Rotorcraft
Flight Control.

(e) Unsafe Condition

    This AD was prompted by reports of abnormal play on the
collective torque tube on two Model AW119 MKII helicopters. The FAA
is issuing this AD to address abnormal play on the collective torque
tube, which could result in reduced control of the helicopter,
resulting in a forced landing and consequent damage to the
helicopter and injury to occupants.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0096, dated March 31, 2021 (EASA AD 2021-0096).

(h) Exceptions to EASA AD 2021-0096

    (1) Where EASA AD 2021-0096 refers to flight hours (FH), this AD
requires using hours time-in-service (TIS).
    (2) Where EASA AD 2021-0096 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) Where paragraphs (1) and (2) of EASA AD 2021-0096 specify
the compliance times for Group 1 helicopters to inspect the affected
part, this AD requires an initial inspection within 50 hours TIS
after the effective date of this AD, and thereafter at intervals not
to exceed 100 hours TIS.
    (4) Where paragraph (5) of EASA AD 2021-0096 specifies, for
Group 1 helicopters, replacement of an affected part with a
serviceable part ``within 36 months after April 3, 2019 [the
effective date of EASA AD 2019-0057],'' for this AD, that
replacement must be done within 24 months after the effective date
of this AD.
    (5) Where the service information referenced in EASA AD 2021-
0096 specifies to return a torque tube assembly to the manufacturer,
this AD does not include that requirement.
    (6) Where the service information referenced in EASA AD 2021-
0096 specifies to contact the manufacturer ``in case of doubt''
regarding the batch number on a torque tube assembly, determining
the batch number is required by this AD but contacting the
manufacturer is not required.
    (7) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0096.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0096
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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 International Validation Branch, send
it to the attention of the person identified in paragraph (k) of
this AD. Information may be emailed 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.

(k) Related Information

    For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Mail Stop: Room 410, Westbury, NY 11590; telephone
(516) 228-7330; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0096,
dated March 31, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0096, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; Internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N
321, Fort Worth, TX 76177. For information on the availability of
the EASA material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 13, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-25690 Filed 11-24-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Notices]
[Pages 37268-37269]
[FR Doc No: 2019-16278]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
           Docket No.               File date     Presenter or requester
------------------------------------------------------------------------
                               Prohibited
------------------------------------------------------------------------
1. CP15-554-000................       7-12-2019  Janet K. Speare.
2. CP17-495-000................       7-12-2019  Sally Wells.
3. P-199-205...................       7-12-2019  National Oceanic and
                                                  Atmospheric
                                                  Administration.
4. ER19-570-000................       7-16-2019  Conservation Law
                                                  Foundation.
5. ER18-619-001................       7-16-2019  Conservation Law
                                                  Foundation.
6. ER19-1166-000...............       7-16-2019  Conservation Law
                                                  Foundation.
7. P-1494-405..................       7-23-2019  U.S. Fish and Wildlife
                                                  Service.
------------------------------------------------------------------------
                                 Exempt
------------------------------------------------------------------------
1. CP18-137-000; CP17-495-000..       7-10-2019  FERC Staff.\1\
2. CP17-494-000................       7-10-2019  Wyoming State Senator
                                                  Eli Bebout.
3. CP17-494-000; CP17-495-000..       7-12-2019  Utah House
                                                  Representative
                                                  Christine Watkins.
4. CP17-494-000; CP17-495-000..       7-12-2019  Colorado State
                                                  Senate.\2\
5. CP17-494-000; CP17-495-000..       7-12-2019  Utah House
                                                  Representative Phillip
                                                  Lyman.
6. CP17-494-000; CP17-495-000..       7-12-2019  Utah House
                                                  Representative Keven
                                                  Stratton.
7. CP17-494-000; CP17-495-000..       7-12-2019  Utah State Senator Evan
                                                  Vickers.
8. CP17-494-000; CP17-495-000..       7-12-2019  Utah House
                                                  Representative Derrin
                                                  Owens.
9. CP17-494-000; CP17-495-000..       7-12-2019  Utah State Senator
                                                  David Hinkins.
10. CP17-494-000, CP17-495-000.       7-12-2019  Utah State Senator
                                                  Ralph Okerlund.
11. CP17-494-000, CP17-495-000.       7-12-2019  Utah House
                                                  Representative Daniel
                                                  Johhnson.
12. CP17-494-000; CP17-495-000.       7-12-2019  Utah State Senator
                                                  Ronald Winterton.
13. CP17-494-000, CP17-495-000.       7-12-2019  Wyoming State Governor
                                                  Mark Gordon.
14. CP17-494-000, CP17-495-000.       7-12-2019  Utah House
                                                  Representative Phillip
                                                  Lyman.
------------------------------------------------------------------------
\1\ Email forwarding concerns from Herb Beamer.
\2\ Senators John Cooke, Don Coram, Larry Crowder, Bob Gardner, Owen
  Hill, Dennis Hissey, Chris Holbert, Paul Lundeen, Vicki Marble, Kevin
  Piola, Bob Rankin, Ray Scott, Jerry Sonnenberg, Jack Tate, and Rob
  Woodward.

    Dated: July 25, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-16278 Filed 7-30-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: March 26, 2010 (Volume 75, Number 58)]
[Notices]
[Page 14607-14608]
[DOCID:fr26mr10-67]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0141]

Small Entity Compliance Guide: Bottled Water: Total Coliform and
E. coli; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry entitled ``Bottled Water: Total
Coliform and E. coli--Small Entity Compliance Guide'' for a final rule
published in the Federal Register of May 29, 2009. This small entity
compliance guide (SECG) is intended to set forth in plain language the
requirements of the regulation and to help small businesses understand
the regulation.

DATES: Submit electronic or written comments on the SECG at any time.

ADDRESSES: Submit electronic comments on the SECG to http://
www.regulations.gov. Submit written comments on the SECG to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit written
requests for single copies of the SECG to the Division of Plant and
Dairy Food Safety (HFS-317), Office of Food Safety, Center for Food
Safety and Applied Nutrition, Food and Drug Administration, 5100 Paint
Branch Pkwy., College Park, MD 20740, or fax your request to 301-436-
2651. Send one self-addressed adhesive label to assist that office in
processing your request. See the SUPPLEMENTARY INFORMATION section for
electronic access to the SECG.

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

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of May 29, 2009 (74 FR 25651), FDA issued a
final rule amending its bottled water regulations to require that
bottled water manufacturers test source water for total coliform, as is
required for finished bottled water products, and to require, if any
coliform organisms are detected in source water, that bottled water
manufacturers determine whether any of the coliform organisms are
Escherichia coli (E. coli), an indicator of fecal contamination. FDA
also amended its bottled water regulations to require, if any coliform
organisms are detected in finished bottled water products, that bottled
water manufacturers determine whether any of the coliform organisms are
E. coli. FDA also amended the adulteration provision of the bottled
water standard to reflect the possibility of adulteration caused by the
presence of filth. Under the amended regulations, bottled water
containing E. coli will be considered adulterated, and source water
containing E. coli will not be considered to be of a safe, sanitary
quality and will be prohibited from use in the production of bottled
water. FDA also amended its bottled water regulations to require that,
before a bottler can use source water from a source that has tested
positive for E. coli, the bottler must take appropriate measures to
rectify or eliminate the cause of E. coli contamination of that source,
and that the bottler must keep records of such actions. Existing
regulatory provisions require bottled water manufacturers to keep
records of new testing required by this rule. The effective date of the
final rule is December 1, 2009.
    FDA examined the economic implications of the final rule as
required by the Regulatory Flexibility Act (5 U.S.C. 601-612). Because
the costs per entity of this rule are small, the agency believes that
the final rule will not have a significant economic impact on a
substantial number of small entities. However, FDA could not certify
that the final rule would not have a significant economic impact on a
substantial number of small entities. Therefore, in compliance with
section 212 of the Small Business Regulatory Enforcement Fairness Act
(Public Law 104-121), FDA is making available this SECG stating in
plain language the legal requirements of the May 29, 2009, final rule
set forth in 21 CFR parts 129 and 165 concerning the monitoring
requirements for total coliform and E. coli in source water and
finished bottled water products, the allowable levels of total coliform
and E.

coli in finished bottled water products, and requirements for
recordkeeping and corrective measures.
    FDA is issuing this SECG as level 2 guidance consistent with FDA's
good guidance practices regulation (21 CFR 10.115(c)(2)). The SECG
represents the agency's current thinking on this topic. It does not
create or confer any rights for or on any person and does not operate
to bind FDA or the public. An alternative approach may be used if such
approach satisfies the requirements of the applicable statutes and
regulations.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) electronic or written comments regarding this SECG.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. The SECG and received comments may be
seen in the Division of Dockets Management between 9 a.m. and 4 p.m.,
Monday through Friday.

III. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in Sec.  129.35(a)(3)(i) and Sec.  129.80(g)
and (h) have been approved under OMB control no. 0910-0658.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
http://www.fda.gov/FoodGuidances or http://www.regulations.gov.

    Dated: March 22, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-6699 Filed 3-25-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register: October 24, 2007 (Volume 72, Number 205)]
[Notices]
[Page 60369-60371]
[DOCID:fr24oc07-94]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0936; FRL-8150-8]

Notice of Filing of Pesticide Petitions for Residues of Pesticide
Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of pesticide
petitions proposing the establishment or modification of regulations
for residues of pesticide chemicals in or on various commodities.

DATES: Comments must be received on or before November 23, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition number (PP) of interest, by one
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the assigned docket ID number
and the pesticide petition number of interest. EPA's policy is that all
comments received will be included in the docket without change and may
be made available on-line at http://www.regulations.gov, including any

personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy. Publicly available docket materials are available
electronically at http://www.regulations.gov, or, if only available in

hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The person listed at the end of the
pesticide petition summary of interest.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed at the end of the pesticide petition
summary of interest.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Docket ID Numbers

    When submitting comments, please use the docket ID number and the
pesticide petition number of interest, as shown in the table.

------------------------------------------------------------------------
                 PP Number                        Docket ID Number
------------------------------------------------------------------------
PP 7E7228                                   EPA-HQ-OPP-2007-0627
------------------------------------------------------------------------
PP 7E7234                                   EPA-HQ-OPP-2007-0940
------------------------------------------------------------------------
PP 7E7238                                   EPA-HQ-OPP-2007-0189
------------------------------------------------------------------------
PP 7E7253                                   EPA-HQ-OPP-2007-0910
------------------------------------------------------------------------
PP 7E7255                                   EPA-HQ-OPP-2007-0300
------------------------------------------------------------------------
PP 7E7257                                   EPA-HQ-OPP-2007-0945
------------------------------------------------------------------------
PP 7E7234                                   EPA-HQ-OPP-2007-0940
------------------------------------------------------------------------
PP 7E7245                                   EPA-HQ-OPP-2007-0906
------------------------------------------------------------------------

III. What Action is the Agency Taking?

    EPA is printing notice of the filing of pesticide petitions
received under section 408 of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a, proposing the establishment or modification of
regulations in 40 CFR part 180 for residues of pesticide chemicals in
or on various food commodities. EPA has determined that the pesticide
petitions described in this notice contain data or information
regarding the elements set forth in FFDCA section 408(d)(2); however,
EPA has not fully evaluated the sufficiency of the submitted data at
this time or whether the data support granting of the pesticide
petitions. Additional data may be needed before EPA rules on these
pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
included in this notice, prepared by the petitioner, is included in a
docket EPA has created for each rulemaking. The docket for each of the
petitions is available on-line at http://www.regulations.gov.

New Tolerances

    1. PP 7E7228. (EPA-HQ-OPP-2007-0627). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W.,
Princeton, NJ 08540, proposes to establish a tolerance for residues of
the plant growth regulator forchlorfenuron (KT-30) in or on food
commodities bushberry subgroup 13B (aronia berry; blueberry, highbush;
blueberry, lowbush; currant, buffalo; chilean guava; currant, black and
currant, red; barberry, European, elderberry; gooseberry; cranberry,
highbush; honeysuckle, edible; huckleberry; jostaberry; juneberry;
currant; salal; and buckthorn, sea) at 0.01 parts per million (ppm).
Two analytical methods, both based on high performance liquid
chromatography (HPLC) procedures have been developed. The first method
used a visible ultraviolet (UV) detector, while the second method used
a mass spectrophotometer (MS) detector. Since the MS detector is
capable of both qualitative as well as quantitative measurement, it is
the preferred method. The lowest level of quantification (LOQ) in
blueberries was 0.01 ppm. Contact: Shaja R. Brothers, telephone number:
(703) 308-3194; e-mail address<EMAIL_ADDRESS>    2. PP 7E7234. (EPA-HQ-OPP-2007-0940). Interregional Research
Project Number 4 (IR- 4), 500 College Road East, Suite 201 W.,
Princeton, NJ 08540, proposes to establish a tolerance for residues of
the fungicide fludioxonil 4-(2, 2-difluoro-1,3-benzodioxol-4-yl)-1H-
pyrrole-3-carbonitrile in or on food commodities tomato at 0.4 ppm;
tomatillo at 0.4 ppm; tomato, paste at 1.0 ppm; avocado at 0.45 ppm;
black sapote at 0.45 ppm; canistel at 0.45 ppm; mamey sapote at 0.45
ppm; mango at 0.45 ppm; papaya at 0.45 ppm; sapodilla at 0.45 ppm; star
apple at 0.45 ppm; herb, subgroup 19A, fresh at 13 ppm; herb, subgroup
19A, dried at 55 ppm; leaves of root and tuber vegetables at 40 ppm;
root vegetables, except sugar beet subgroup at 0.5 ppm; lemon at 0.25
ppm; lime at 0.25 ppm; cucurbits at 0.6 ppm; and tuberous and corm
vegetables, except potato subgroup at 4.0 ppm. Syngenta has developed
and validated analytical methodology for enforcement purposes. This
method (Syngenta Crop Protection Method AG-597B) has passed an Agency
petition method validation for several commodities, and is currently
the enforcement method for fludioxonil. This method has also been
forwarded to the Food and Drug Administration for inclusion into PAM
II. An extensive database of method validation data using this method
on various crop commodities is available. Contact: Sidney Jackson,
telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
    3. PP 7E7238. (EPA-HQ-OPP-2007-0189). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W.,
Princeton, NJ 08540, proposes to establish a tolerance for the combined
residues of the herbicide propyzamide (pronamide) and its metabolite
containing the 3,5-dichlorobenzoyl moiety calculated as 3,5-dichloro-N-
(1,1-dimethyl-2-propynyl) benzamide in or on food commodities bearberry
at 1.0 ppm; bilberry at 1.0 ppm; blueberry, lowbush at 1.0 ppm;
cloudberry at 1.0 ppm; cranberry at 1.0 ppm; lingonberry at 1.0 ppm;
muntries at 1.0 ppm; and partridgeberry at 1.0 ppm. Adequate
enforcement methodology (gas chromatography using electron capture
detection) is available to enforce the tolerance expression, this
method is published in PAM II, as method I. Contact: Sidney Jackson,
telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
    4. PP 7E7253. (EPA-HQ-OPP-2007-0910). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W.,
Princeton, NJ 08540, proposes to establish a tolerance for residues of
the insecticide buprofezin in or on food commodities vegetable,
fruiting, group 8; and okra at 1.8 ppm. The proposed analytical method
involves extraction, partition, clean-up and detection of residues by
gas chromatography using nitrogen phosphorous detection. Contact: Susan
Stanton, telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
    5. PP 7E7255. (EPA-HQ-OPP-2007-0300). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W.,
Princeton, NJ 08540, proposes to establish a tolerance for residues of
the insecticide Z-cypermethrin (S-cyano(3-phenoxyphenyl) methyl (< plus-
minus>) cis-trans 3-(2,2-dichloroethenyl)-2,2
dimethylcyclopropanecarboxylate and its inactive R-isomers in or on
food commodities borage, seed at 0.2 ppm; castor oil plant, seed at 0.2
ppm; Chinese tallowtree, seed at 0.2 ppm; crambe, seed at 0.2 ppm;
cuphea, seed at 0.2 ppm; echium, seed at 0.2 ppm; euphorbia, seed at
0.2 ppm; evening primrose, seed at 0.2 ppm; flax, seed at 0.2 ppm; gold
of pleasure, seed at 0.2 ppm; hare's ear mustard, seed at 0.2 ppm;
jojoba, seed at 0.2 ppm; lesquerella, seed at 0.2 ppm; lunara, seed at
0.2 ppm; meadowfoam, seed at 0.2 ppm; milkweed, seed at 0.2 ppm;
mustard, seed at 0.2 ppm; niger seed, seed at 0.2 ppm; oil radish, seed
at 0.2 ppm; poppy, seed at 0.2 ppm; rose hip, seed at 0.2 ppm; sesame,
seed at 0.2 ppm; stokes aster, seed at 0.2 ppm; sweet rocket, seed at
0.2 ppm; tallowwood, seed at 0.2 ppm; tea oil plant, seed at 0.2 ppm;
and vernonia, seed at 0.2 ppm. There is a practical analytical method
for detecting and measuring levels of cypermethrin in or on food with a
limit of detection that allows monitoring of food with residues at or
above the levels set in these tolerances (gas chromatography with
electron capture detection (GC/ECD)). Contact: Sidney Jackson,
telephone

number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>    6. PP 7E7257. (EPA-HQ-OPP-2007-0945). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W.,
Princeton, NJ 08540, proposes to establish a tolerance for residues of
the herbicide MCPB [4-(2-methyl-4-chlorophenoxy) butyric acid] in or on
food commodity mint tops (leaves and stems) at 0.25 ppm. MCPB and MCPA
residues were analyzed using a gas chromatographic/mass spectrometric
(GC/MS) method. For MCPB in or on mint tops, the LOD for the method was
calculated to be 0.004 ppm and the LOQ was calculated to be 0.012 ppm.
For MCPA in or on mint tops, the LOD for the method was calculated to
be 0.003 ppm and the LOQ was calculated to be 0.009 ppm. The lowest
level of method validation (LL/MV) for both MCPB and MCPA in or on mint
tops was 0.05 ppm. For MCPB in or on mint oil, the LOD for the method
was calculated to be 0.015 ppm and the LOQ was calculated to be 0.044
ppm; and for MCPA in or on mint oil, the LOD for the method was
calculated to be 0.013 ppm and the LOQ was calculated to be 0.039 ppm.
The lowest level of method validation for both MCPB and MCPA in or on
mint oil was 0.05 ppm. Contact: Susan Stanton, telephone number: (703)
305-5218; e-mail address<EMAIL_ADDRESS>
Amendment to Existing Tolerances

    1. PP 7E7234. (EPA-HQ-OPP-2007-0940). Upon approval of the
aforementioned new tolerances above in No. 2, the Interregional
Research Project Number 4 (IR-4), 500 College Road East, Suite 201 W.,
Princeton, NJ 08540, proposes to amend the tolerances in 40 CFR 180.516
by removing the established tolerances for residues of the fungicide
fludioxonil 4-(2, 2-difluoro-1,3-benzodioxol-4-yl)-1H-pyrrole-3-
carbonitrile in or on the food commodities herb, subgroup 19A, fresh at
10 ppm; herb, subgroup 19A, dried at 65 ppm; carrot at 0.75 ppm; and
turnip, greens at 10 ppm. Contact: Sidney Jackson, telephone number:
(703) 305-7610; e-mail address<EMAIL_ADDRESS>    2. PP 7E7245. (EPA-HQ-OPP-2007-0906). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W.,
Princeton, NJ 08540, proposes to amend 40 CFR 180.582 to increase the
tolerance for the combined residues of the fungicide pyraclostrobin,
carbamic acid, [2-[[[1-(4-chlorophenyl)-1H-pyrazol-3-yl]oxy]
methyl]phenyl]methoxy-, methyl ester and its metabolite methyl-N-[[[1-
(4-chlorophenyl) pyrazol-3-yl]oxy]o-tolyl]carbamate (BF-500-3),
expressed as parent compound in or on the food commodities barley,
grain at 1.3 ppm and barley, straw at 9.0 ppm. In plants, the method of
analysis is aqueous organic solvent extraction, column clean-up and
quantitation by liquid chromatography/mass spectrometry/mass
spectrometry (LC/MS/MS). In animals, the method of analysis involves
base hydrolysis, organic extraction, column clean-up and quantitation
by LC/MS/MS or derivatization (methylation) followed by quantitation by
gas chromatography/mass spectrometry (GC/MS). Contact: Shaja R.
Brothers, telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: October 10, 2007.
 Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E7-20599 Filed 10-23-07; 8:45 am]

BILLING CODE 6560-50-S


Table 2c. Acute Chronic Ratios Species Hardness ( mg/ L as CaCO3) Acute Value ( µ g/ L) Chronic Value ( µ g/ L) Ratio Reference Overall Ratio for Species Snail, 35 55 1673a 8.73 191.61 Arthur and Leonard 1970 Campeloma decisum 35 55 1673a 10.94 152.95 Arthur and Leonard 1970 171.19 Cladoceran, 179 28.42b 7.90 3.60 Belanger et al. 1989 Ceriodaphnia dubia 94.1 63.33b 19.36 3.27 Belanger et al. 1989 57 13.4 24.5 0.55 Oris et al. 1991  18.974c 9.17 2.07 Carlson et al. 1986 2.90h

Cladoceran, 51 26 12.58 2.07 Chapman et al. Manuscript Daphnia magna 104 33.76d 19.89 1.70 Chapman et al. Manuscript 211 69 6.06 11.39 Chapman et al. Manuscript 3.42

Cladoceran, 57.5 25.737e 2.83 9.10 Winner 1985 Daphnia pulex 115 27.6e 7.07 3.90 Winner 1985 230 28.79e 9.16 3.14 Winner 1985 4.82

Rainbow trout, Oncorhynchus mykiss 120 80 27.77 2.88 Seim et al. 1984 2.88

Chinook salmon, Oncorhynchus tshawytscha 20 45 33.1 5.92 5.59 Chapman 1975, 1982 5.59

Bluntnose minnow, Pimephales notatus 172 230 231.9f 18 12.88 Horning and Neiheisel 1979 12.88 Fathead minnow, Pimephales promelas 45 106.875g 9.38 11.40 Lind et al. 1978 11.40 Bluegill, Lepomis macrochirus 21 40 1100 27.15 40.52 Benoit 1975 40.49 Sheepshead minnow, Cyprinodon variegatus  368 249 1.48 Hughes et al. 1989 1.48

aGeometric mean of two values from Arthur and Leonard ( 1970) in Table 1.

bGeometric mean of five values from Belanger et al. ( 1989) in Table 1. ACR is based on dissolved metal measurements.

cGeometric mean of two values from Carlson et al. ( 1986) in Table 1.

dGeometric mean of two values from Chapman manuscript in Table 1.

eGeometric mean of two values from Winner ( 1985) in Table 1.

fGeometric mean of three values from Horning and Neiheisel ( 1979) in Appendix D.

gGeometric mean of three values from Lind et al. ( 1978) in Table 1.

hACR from Oris et al. ( 1991) not used in calculating overall ratio for species because it is < 1.

FACR Freshwater final acute chronic ratio = 3.23 Saltwater final acute chronic ratio = 3.23 45


[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Rules and Regulations]
[Pages 12845-12847]
[FR Doc No: 2011-5101]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1296; Directorate Identifier 2010-CE-063-AD;
Amendment 39-16625; AD 2011-06-01]
RIN 2120-AA64

Airworthiness Directives; APEX Aircraft Model CAP 10 B Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

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

    A fatal accident occurred to a CAP 10C, in which the pilot lost
control of the aeroplane.
    The following investigation has revealed that the probable cause
of the accident was the improper locking of a turnbuckle (locking
clip missing) of the flight control cables, and the subsequent
inadvertent release of the pitchup control cable from the
turnbuckle.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective April 13, 2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.

FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on December 30, 2010
(75 FR 82335). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

    A fatal accident occurred to a CAP 10C, in which the pilot lost
control of the aeroplane.
    The following investigation has revealed that the probable cause
of the accident was the improper locking of a turnbuckle (locking
clip missing) of the flight control cables, and the subsequent
inadvertent release of the pitchup control cable from the
turnbuckle.
    For the above described reasons, this AD requires repetitive
inspections to verify the correct installation of the turnbuckles of
the flight control cables and, if foreseen by the applicable design
configuration of the turnbuckles and found to be missing, to restore
the locking clip and the safety wire.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    We estimate that this AD will affect 28 products of U.S. registry.
We also estimate that it will take about 3 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $100 per product.
    Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $9,940 or $355 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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 the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of 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 AD:

2011-06-01 APEX Aircraft: Amendment 39-16625; Docket No. FAA-2010-
1296; Directorate Identifier 2010-CE-063-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April
13, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to APEX Aircraft Model CAP10 B and CAP10 B
airplanes with Major Change 000302 (commercial name CAP10C), all
serial numbers, certificated in any category.

Subject

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

Reason

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

    A fatal accident occurred to a CAP 10C, in which the pilot lost
control of the aeroplane.
    The following investigation has revealed that the probable cause
of the accident was the improper locking of a turnbuckle (locking
clip missing) of the flight control cables, and the subsequent
inadvertent release of the pitchup control cable from the
turnbuckle.
    For the above described reasons, this AD requires repetitive
inspections to verify the correct installation of the turnbuckles of
the flight control cables and, if foreseen by the applicable design
configuration of the turnbuckles and found to be missing, to restore
the locking clip and the safety wire.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 2 months after April 13, 2011 (the effective
date of this AD):
    (i) If the turnbuckles are designed to be locked with locking
clips and safety wire, verify that the locking clips are properly
installed in the corresponding groove, that the safety wire of a
minimum diameter of 0.8 millimeter (mm) is correctly installed, and
that there is no damage to the whole turnbuckle installation.
    (ii) For all other designs of turnbuckles, verify the correct
installation of the safety locking devices.
    (iii) If any discrepancy is found during the inspection required
by paragraph (f)(1)(i) or (f)(1)(ii) of this AD, before further
flight, restore the correct turnbuckle installation in accordance
with standard maintenance practice.
    (2) Repeat the inspection required by paragraph (f)(1)(i) or
(f)(1)(ii) of this AD, as

applicable to the turnbuckles design, and the associated corrective
actions required by paragraph (f)(1)(iii) of this AD at intervals
not to exceed 110 hours time-in-service or 13 months since the last
inspection, whichever occurs first.

FAA AD Differences

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

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a Federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2010-0233, dated November 26, 2010, for related information.

    Issued in Kansas City, Missouri, on February 28, 2011.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-5101 Filed 3-8-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 1, 2006 (Volume 71, Number 211)]
[Notices]
[Page 64322]
[DOCID:fr01no06-127]

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

SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extension: Rule 15c3-1; SEC File No. 270-197; OMB Control No. 3235-
0200.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for extension of the previously approved
collection of information discussed below.
    Rule 15c3-1 (17 C.F.R. 240.15c3-1) under the Securities Exchange
Act of 1934 requires brokers and dealers to have at all times
sufficient liquid assets to meet their current liabilities,
particularly the claims of customers. The rule facilitates monitoring
the financial condition of brokers and dealers by the Commission and
the various self-regulatory organizations. It is estimated that
approximately 6,100 broker-dealer respondents registered with the
Commission incur an aggregate burden of 88,181 hours per year to comply
with this rule. Finally, the estimated cost for the annual hour burden
for Rule 15c3-1 is approximately $22.7 million.
    Rule 15c3-1 does not contain record retention requirements.
Compliance with the rule is mandatory. The required records are
available only to the examination staff of the Commission and the self-
regulatory organization of which the broker-dealer is a member. An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid control number.
    Comments should be directed to (i) Desk Officer for the Securities
and Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC, 20503 or by sending an e-mail to:
<EMAIL_ADDRESS>and (ii) R. Corey Booth, Director/Chief

Information Officer, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send
an e-mail to<EMAIL_ADDRESS>Comments must be submitted to OMB
within 30 days of this notice.

    Dated: October 23, 2006.
Nancy M. Morris,
Secretary.
 [FR Doc. E6-18350 Filed 10-31-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 16 (Friday, January 24, 2014)]
[Notices]
[Pages 4224-4225]
[FR Doc No: 2014-01397]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71343; File No. SR-BOX-2014-03]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change to Add
Rule 7280 (Bulk Cancellation of Trading Interest)

January 17, 2014.
    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 January 6, 2014, BOX Options Exchange LLC (the ``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 self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to add Rule 7280 (Bulk Cancellation of
Trading Interest) to codify and clarify a protection mechanism already
available on the Exchange. The text of the proposed rule change is
available from the principal office of the Exchange, at the
Commission's Public Reference Room and also on the Exchange's Internet
Web site at http://boxexchange.com.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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
    The Exchange is proposing to add BOX Rule 7280 (Bulk Cancellation
of Trading Interest) to codify and clarify protection mechanisms
already available on the Exchange. The Exchange currently has the
ability to cancel all of a Participant's bids, offers and orders when
directed by the Participant. In addition, when requested by the
Participant, the Exchange can block any incoming orders from the
Participant. The Exchange believes that these bulk cancellation
mechanisms provide value to Participants by helping them quickly
mitigate the risk of erroneous trades when faced with technology
issues.
    The Exchange is proposing to add BOX Rule 7280 to codify these
existing mechanisms and provide clarity on how they function. As set
forth in proposed Rule 7280, when instructed by a Participant, the
Exchange can simultaneously cancel all the bids, offers, and orders of
a Participant in all series in all classes of options. In order for the
Exchange to remove the bids, offers and orders of a Participant, the
Participant must call the BOX Market Operations Center (``MOC'').\3\
The Exchange believes requiring Participants to contact the MOC
directly is necessary since the Participant could be experiencing
difficulties connecting to the Exchange and may have no other method of
contacting the Exchange. Additionally, if the Participant is
experiencing system issues they may not be confident in their ability
to send a message to the Trading Host directly. Therefore, the Exchange
believes requiring Participants to contact the MOC directly for all
bulk cancelation requests will lead to less investor confusion whenever
these situations occur.
---------------------------------------------------------------------------

    \3\ The term ``Market Operations Center'' or ``MOC'' means the
BOX Market Operations Center, which provides market support for
Options Participants during the trading day. See BOX Rule
100(a)(31).
---------------------------------------------------------------------------

    Proposed Rule 7280 also states that when requested, the Exchange
will block all new incoming orders submitted by the Participant until
the Participant contacts the MOC to have the block removed. The
Exchange believes this feature provides an additional layer of
protection by blocking new orders that could have been sent in error or
with incorrect prices when a Participant's systems were compromised.
Blocking all new incoming orders can give the Participant time to
address the particular system issue without having to continually
cancel any new orders being sent to the Exchange. Once the issue is
resolved, the Participant must contact the MOC to remove the block.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\4\ in general, and Section
6(b)(5) of the Act,\5\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general to protect
investors and the public interest. The Exchange believes that
cancelling all bids, offers, and orders when requested by a Participant
reduces the risk of unintended executions and executions at erroneous
prices, thereby serving to protect investors and the public interest.
The Exchange believes that the proposed rule assists with the
maintenance of fair and orderly markets by helping to

mitigate the potential risks associated with the execution of orders
when a Participant is experiencing system issues. In addition, the
ability for the Exchange to block new incoming orders provides an
additional layer of protection for the Participant against unintended
executions, thereby promoting a fair and orderly market.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes the
proposal will provide Participants with additional protection from
anomalous executions when the Participant is experiencing system
problems or difficulties connecting with the Trading Host. The Exchange
notes that this functionality is available to all Participants.
Additionally, this functionality does not require any changes or
upgrades to any Participant's system. Thus, the Exchange does not
believe the proposal creates any significant impact on competition.

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 does not: (1)
Significantly affect the protection of investors or the public
interest; (2) 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) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has met this requirement.
---------------------------------------------------------------------------

    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.

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-BOX-2014-03 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-BOX-2014-03. 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 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 Web site 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 such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-BOX-2014-03 and should be
submitted on or before February 14, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

 Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-01397 Filed 1-23-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 6, 2007 (Volume 72, Number 234)]
[Notices]
[Page 68920-68922]
[DOCID:fr06de07-99]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56863; File No. SR-DTC-2007-06]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing of Proposed Rule Change To Amend the Hearing
Procedures Afforded to an Interested Person and Harmonize Them With
Similar Rules of Its Affiliates

November 29, 2007.
    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 30, 2007, The Depository Trust Company (``DTC'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change described in Items I, II, and III below, which items have
been prepared primarily by DTC. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
parties.
---------------------------------------------------------------------------

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

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

    The proposed rule change seeks (1) to modify DTC's rules regarding
hearing procedures afforded to Interested Persons \3\ and (2) where
practicable or beneficial, to harmonize them with similar rules of
DTC's affiliates, the National Securities Clearing Corporation

(``NSCC'') and the Fixed Income Clearing Corporation (``FICC'').
---------------------------------------------------------------------------

    \3\ ``A Participant or Pledgee, [or] applicant to become a
Participant or Pledgee or issuer of a Security.'' Rule 22, Section
1.
---------------------------------------------------------------------------

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

    In its filing with the Commission, DTC 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. DTC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\4\
---------------------------------------------------------------------------

    \4\ The Commission has modified the text of the summaries
prepared by DTC.
---------------------------------------------------------------------------

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

1. Minor Rule Violation Plan
    In 1984, the Commission adopted amendments to Rule 19d-1(c) under
the Act \5\ that allow self-regulatory organizations to adopt with
Commission approval plans for the disposition of minor violations of
rules.\6\
---------------------------------------------------------------------------

    \5\ 17 CFR 240.19d-1(c).
    \6\ Securities Exchange Act Release No. 21013 (June 1, 1984), 49
FR 23828 (June 8, 1984) [File No. S7-983A].
---------------------------------------------------------------------------

    Currently under DTC's rules, an Interested Person subject to
disciplinary action has a right to a hearing before a member or members
of a panel selected by the Chairman of the Board from a pool of persons
employed by or partners of participants. Because some rule violations
are not sufficiently serious to merit Board review, DTC is proposing to
adopt a Minor Rule Violation Plan within the meaning of Rule 19d-
1(c)(2) of the Act for those rule violations DTC deems minor.
Consistent with Rule 19d-1(c)(2) of the Act, DTC would designate those
rule violations for which a fine may be assessed in an amount not to
exceed $5,000 as minor rule violations. If a member were to dispute a
fine imposed by DTC by filing a written request for hearing and a
written statement, DTC management would have the authority to waive the
fine. DTC management would notify the Board of Directors (or a
Committee authorized by the Board of Directors) of its determination to
waive the fine and would provide the reasons for the waiver. The Board
or Committee could in its discretion decide to reinstate any fine
waived by DTC management. If DTC management were not to waive the fine,
the member could appeal the decision to a panel comprised of DTC
officers (``Minor Rule Violation Panel'').
2. Hearings for All Other Violations and Minor Rule Violation Appeals
    For matters involving (i) an alleged violation of a DTC rule or
procedure for which a fine in an amount of over $5,000 is assessed,
(ii) applicants for participation, or (iii) other disciplinary actions
to which the Minor Rule Violation Plan would not apply or for appeals
from a Minor Rule Violation Panel decision adverse to an Interested
Person, the Interested Person would be entitled to a hearing before a
panel comprised of three individuals selected by the Chairman of the
Board from a pool of persons employed by or partners of participants.
Persons shall be appointed members of the pool by the Board. Decisions
of the panel would be final; however, the full Board of Directors would
retain the right to modify any sanction or reverse any decision of the
Board panel that is adverse to the Interested Person.
    Currently with respect to hearings, an Interested Person is
afforded the opportunity to be heard and may be represented by counsel
if desired. A record is kept of the hearing, and at the discretion of
the Board panel, the associated cost may be charged in whole or part to
the Interested Person in the event that the decision is adverse to the
Interested Person. The Interested Person is advised of the Board
panel's decision within ten business days after the conclusion of the
hearing. These procedures would also apply with respect to the Minor
Rule Violation Plan.
3. Administrative Changes: Uniformity of Time Frames
    The proposed rule changes seek to implement uniform time periods
among DTC, NSCC, and FICC governing actions an Interested Person would
be required to take in order to request a hearing. The deadlines an
Interested Person must adhere to in order to request a hearing
currently vary between DTC, NSCC, and FICC. Under the proposed rule
change, an Interested Person would have five business days from the
date on which DTC first informed it of a sanction or a denial of
membership by which to request a hearing.
    Within seven business days, or three days in the case of a summary
action taken against the Interested Person, after filing a request for
a hearing with DTC, the Interested Person would be required to submit
to DTC a clear and concise written statement setting forth the action
or proposed action of DTC with respect to which the hearing is
requested, the basis for objection to such action, whether the
Interested Person intends to attend the hearing, and whether the
Interested Person chooses to be represented by counsel at the hearing.
The proposed time frames would be consistent with time frames being
proposed by FICC and NSCC.
    DTC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act \7\ and the rules and
regulations thereunder because the adoption of a Minor Rule Violation
Plan furthers the statutory objective of providing a fair procedure for
disciplining Participants and will provide DTC with the ability to
impose a meaningful sanction for those rule violations that do not
necessarily rise to a level of meriting a full disciplinary proceeding.
Accordingly, the proposed rule change promotes the prompt and accurate
clearance and settlement of securities transactions.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

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

    DTC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    Written comments relating to the proposed rule change have not been
solicited or received. 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

    Within thirty-five days of the date of publication of this notice
in the Federal Register or within such longer period: (i) As the
Commission may designate up to ninety days of such date if it finds
such longer period to be appropriate and publishes its reasons for so
finding or (ii) as to which the self-regulatory organization consents,
the Commission will:
    (A) By order approve such proposed rule change or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act.

Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
) or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-DTC-2007-06 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-DTC-2007-06. 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 Section, 100 F Street,
NE., Washington, DC 20549 on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filings also will be available for
inspection and copying at the principal office of DTC and on DTC's Web
site at http://www.dtcc.com/downloads/legal/rule_filings/2007/dtc/2007-06.pdf.
 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-DTC-
2007-06 and should be submitted on or before December 21, 2007.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-23591 Filed 12-5-07; 8:45 am]

BILLING CODE 8011-01-P