[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Rules and Regulations]
[Pages 64958-64961]
[FR Doc No: 2020-22627]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0200; Product Identifier 2019-NM-185-AD; Amendment
39-21276; AD 2020-21-03]
RIN 2120-AA64

Airworthiness Directives; De Havilland Aircraft of Canada Limited
(Type Certificate Previously Held by Bombardier, Inc.) Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2015-14-
01, which applied to certain Bombardier, Inc., Model DHC-8-400 series
airplanes. AD 2015-14-01 required a detailed inspection for loose bolts
on the aft translating door crank assembly, and removal and
reinstallation of the bolts. This AD retains the inspections of AD
2015-14-01 and adds airplanes to the applicability. For all airplanes,
this AD also requires a modification of the door crank handle, which
will terminate the inspection requirements. This AD was prompted by
reports of loose bolts that are intended to secure the translating door
crank assembly to the outside handle shaft, and of sealant missing from
these bolts on another translating door. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective November 18, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 18,
2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of August
11, 2015 (80 FR 38615, July 7, 2015).

ADDRESSES: For service information identified in this final rule,
contact De Havilland Aircraft of Canada Limited, Q-Series Technical
Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
internet https://dehavilland.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0200.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0200; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2014-08R1, dated July
30, 2019 (also referred to as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
certain De Havilland Aircraft of Canada Limited (Type Certificate
Previously Held by Bombardier, Inc.) Model DHC-8-400 series airplanes.
You may examine the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0200.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2015-14-01, Amendment 39-18199 (80 FR
38615, July 7, 2015) (``AD 2015-14-01''). AD 2015-14-01 applied to
certain Bombardier, Inc., Model DHC-8-400 series airplanes. The NPRM
published in the Federal Register on March 20, 2020 (85 FR 16008). The
NPRM was prompted by reports of loose bolts that are intended to secure
the translating door crank assembly to the outside handle shaft, and of
sealant missing from these bolts on another translating door. The NPRM
proposed to retain the requirements of AD 2015-14-01 and add airplanes
to the applicability. The NPRM also proposed to require, for all
airplanes, a modification of the door crank handle, which would
terminate the inspection. The FAA is issuing this AD to address the
potential for both bolts to become loose or fall out after the door is
closed and locked, which would prevent the door from being opened from
inside or outside and impede evacuation in the event of an emergency.
See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Request To Use the Latest Service Information

    Horizon Air requested that the FAA use the latest service
information for the actions proposed in the NPRM.
    The FAA agrees with the comment. The FAA has revised paragraphs
(i), (j) and (l) of this AD accordingly.

Request To Require Only Certain Sections of the Service Information

    Horizon Air requested that the proposed AD specifically require
paragraph 3.B., ``Procedure,'' of the applicable service information
specified in paragraphs (i)(1) through (3) of the proposed AD instead
of the entire section of the Accomplishment Instructions. Horizon Air
stated that the job set-up and close out sections of the Accomplishment
Instructions do not directly correct the unsafe condition, and that
incorporating the job set-up and close out sections restricts an
operator's ability to perform other maintenance in conjunction with
incorporating the service information.
    The FAA agrees with the commenter's request. Paragraphs 3.A., ``Job
Set-Up,'' and 3.C., ``Close Out,'' of the

Accomplishment Instructions of the applicable service information
specified in this AD are recommended steps that can be used at the
operator's discretion. The FAA has revised this AD to specify that the
actions in paragraph (i) of this AD be accomplished in accordance with
paragraph 3.B., ``Procedure,'' of the Accomplishment Instructions of
the applicable service information specified in paragraphs (i)(1)
through (3) of this AD.

Changes to the Final Rule Since the NPRM Was Issued

    The FAA inadvertently referred to certain service information as
``Bombardier Service Bulletin.'' The FAA has revised this AD to refer
to certain service information as ``De Havilland Aircraft of Canada
Limited Service Bulletin.''
    In addition, the FAA has removed Bombardier Service Bulletin 84-52-
75, dated July 27, 2012, from paragraph (g)(1) of this AD, as it was
inadvertently cited and is not needed for the actions required in
paragraph (g)(1) of this AD.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related IBR Material Under 1 CFR Part 51

    De Havilland Aircraft of Canada Limited has issued the following
service information.
     De Havilland Aircraft of Canada Limited Service Bulletin
84-52-89, Revision B, dated February 26, 2020.
     De Havilland Aircraft of Canada Limited Service Bulletin
84-52-92, Revision B, dated February 27, 2020.
     De Havilland Aircraft of Canada Limited Service Bulletin
84-52-94, Revision B, dated February 26, 2020.
    This service information describes procedures for modifying the
door crank handle with an improved bolt retention design on the type 1
emergency door, the aft entry door, and the aft service door, as
necessary. These documents are distinct since they apply to different
airplane configurations.
    De Havilland Aircraft of Canada Limited has also issued Bombardier
Service Bulletin 84-52-96, dated February 26, 2019, which describes
procedures for a detailed visual inspection of the translating door
crank assembly for any loose bolts.
    De Havilland Aircraft of Canada Limited has also issued
Modification Summary Package IS4Q5200101, Revision A, dated July 5,
2019, which describes a deviation to the actions specified in certain
service information.
    This AD would also require Bombardier Service Bulletin 84-52-75,
Revision A, dated July 11, 2013, which the Director of the Federal
Register approved for incorporation by reference as of August 11, 2015
(80 FR 38615, July 7, 2015).
    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.

Costs of Compliance

    The FAA estimates that this AD affects 59 airplanes of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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             Labor cost                    Parts cost          Cost per product        Cost on U.S. operators
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Up to 13 work[dash]hours x $85 per   Up to $677...........  Up to $1,782.........  Up to $105,138.
 hour = $1,105.
----------------------------------------------------------------------------------------------------------------

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

    The FAA 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 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.

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:
0
a. Removing Airworthiness Directive (AD) 2015-14-01, Amendment 39-18199
(80 FR 38615, July7, 2015); and
0
b. Adding the following new AD:

2020-21-03 De Havilland Aircraft of Canada Limited (Type Certificate
Previously Held by Bombardier, Inc.) Airplanes: Amendment 39-21276;
Docket No. FAA-2020-0200; Product Identifier 2019-NM-185-AD.

(a) Effective Date

    This AD is effective November 18, 2020.

(b) Affected ADs

    This AD replaces AD 2015-14-01, Amendment 39-18199 (80 FR 38615,
July 7, 2015) (``AD 2015-14-01'').

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited (Type
Certificate Previously Held by Bombardier, Inc.) Model DHC-8-400, -
401, and -402 airplanes, certificated in any category, serial
numbers (S/Ns) 4001 through 4530 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by reports of loose bolts that are intended
to secure the translating door crank assembly to the outside handle
shaft, and of sealant missing from these bolts on another
translating door. The FAA is issuing this AD to address the
potential for both bolts to become loose or fall out after the door
is closed and locked, which would prevent the door from being opened
from inside or outside and impede evacuation in the event of an
emergency.

(f) Compliance

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

(g) Inspection and Corrective Actions for S/Ns 4001 Through 4411
Inclusive

    For airplane S/Ns 4001 through 4411 inclusive: Within 600 flight
hours or 100 days, whichever occurs first after August 11, 2015 (the
effective date of AD 2015-14-01): Perform a detailed inspection for
loose bolts of the aft translating door crank assembly, in
accordance with paragraph 3.B., ``Procedure,'' of Part A--INSPECTION
of the Accomplishment Instructions of Bombardier Service Bulletin
84-52-75, Revision A, dated July 11, 2013.
    (1) If the detailed inspection was done before the effective
date of this AD and the corrective action was done in accordance
with 3.B., ``Procedure,'' and steps 3.C.(4) and 3.C.(5) of paragraph
3.C., ``Close Out,'' of Part B--RECTIFICATION, of the Accomplishment
Instructions of Bombardier Service Bulletin 84-52-75, Revision A,
dated July 11, 2013: No further work is required by paragraph (g) of
this AD.
    (2) If the detailed inspection is done on or after the effective
date of this AD, and any loose bolt is found: Before further flight,
do the modification in paragraph (i) of this AD.

(h) Inspection and Modification for S/Ns 4412 Through 4491 Inclusive

    For airplane S/Ns 4412 through 4491 inclusive: Within 800 flight
hours or 120 days, whichever occurs first after the effective date
of this AD, perform a detailed inspection for loose bolts of the
translating door crank assembly, in accordance with paragraph 3.B.,
``Procedure,'' of the Accomplishment Instructions of Bombardier
Service Bulletin 84-52-96, dated February 26, 2019.
    (1) If any loose bolt is found, before further flight do the
modification specified in paragraph (i) of this AD.
    (2) If no loose bolt is found, at the compliance time specified
in paragraph (i) of this AD, do the modification specified in
paragraph (i) of this AD.

(i) Modification for S/Ns 4001 Through 4530 Inclusive

    For airplane S/Ns 4001 through 4530 inclusive: Except as
required by paragraphs (g)(2) and (h)(1) of this AD, within 8,000
flight hours or 48 months, whichever occurs first after the
effective date of this AD, modify the door crank handle with an
improved bolt retention design on the type 1 emergency door, the aft
entry door, and the aft service door, as applicable, in accordance
with paragraph 3.B., ``Procedure,'' of the Accomplishment
Instructions of the applicable service information specified in
paragraphs (i)(1) through (3) of this AD.
    (1) For the aft entry door: De Havilland Aircraft of Canada
Limited Service Bulletin 84-52-89, Revision B, dated February 26,
2020.
    (2) For the aft service door: De Havilland Aircraft of Canada
Limited Service Bulletin 84-52-92, Revision B, dated February 27,
2020.
    (3) For the type 1 emergency door: De Havilland Aircraft of
Canada Limited Service Bulletin 84-52-94, Revision B, dated February
26, 2020.

(j) Alternative Modification

    For airplanes with de Havilland Modification Summary Package
4Q459324 incorporated for the cargo combi configuration:
Accomplishing the modification in paragraph (i) of this AD using De
Havilland Aircraft of Canada Limited Service Bulletin 84-52-89,
Revision B, dated February 26, 2020; and De Havilland Aircraft of
Canada Limited Service Bulletin 84-52-92, Revision B, dated February
27, 2020; as applicable; in combination with de Havilland
Modification Summary Package IS4Q5200101, Revision A, dated July 5,
2019, also meets the requirement specified in paragraph (i) of this
AD for the aft entry and aft service doors.

(k) Terminating Actions

    Accomplishing the action required by paragraph (i) of this AD
terminates the requirements of paragraphs (g) and (h) of this AD.

(l) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by the
introductory text to paragraph (g) of this AD, if those actions were
performed before August 11, 2015 (the effective date of AD 2015-14-
01) using Bombardier Service Bulletin 84-52-75, dated July 27, 2012,
which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for the modification of the
applicable doors in paragraphs (i) and (j) of this AD, if the
modification was performed before the effective date of this AD
using the applicable service information specified in paragraphs
(l)(2)(i) through (vi) of this AD.
    (i) Bombardier Service Bulletin 84-52-89, dated April 13, 2017.
    (ii) Bombardier Service Bulletin 84-52-89, Revision A, dated
January 29, 2018.
    (iii) Bombardier Service Bulletin 84-52-92, dated April 18,
2017.
    (iv) Bombardier Service Bulletin 84-52-92, Revision A, dated
January 24, 2018.
    (v) Bombardier Service Bulletin 84-52-94, dated April 13, 2017.
    (vi) Bombardier Service Bulletin 84-52-94, Revision A, dated
January 24, 2018.

(m) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or De
Havilland Aircraft of Canada Limited's TCCA Design Approval
Organization (DAO). If approved by the DAO, the approval must
include the DAO-authorized signature.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2014-08R1, dated July 30, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2020-0200.
    (2) For more information about this AD, contact Darren Gassetto,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (o)(5) and (6) of this AD.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
November 18, 2020.
    (i) De Havilland Aircraft of Canada Limited Service Bulletin 84-
52-89, Revision B, dated February 26, 2020.
    (ii) De Havilland Aircraft of Canada Limited Service Bulletin
84-52-92, Revision B, dated February 27, 2020.
    (iii) De Havilland Aircraft of Canada Limited Service Bulletin
84-52-94, Revision B, dated February 26, 2020.
    (iv) Bombardier Service Bulletin 84-52-96, dated February 26,
2019.
    (v) De Havilland Aircraft of Canada Limited Modification Summary
Package IS4Q5200101, Revision A, dated July 5, 2019.
    (4) The following service information was approved for IBR on
August 11, 2015 (80 FR 38615, July7, 2015).
    (i) Bombardier Service Bulletin 84-52-75, Revision A, dated July
11, 2013.
    (ii) [Reserved]
    (5) For service information identified in this AD, contact De
Havilland Aircraft of Canada Limited, Q-Series Technical Help Desk,
123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone
416-375-4000; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet
https://dehavilland.com.
    (6) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 1, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-22627 Filed 10-13-20; 8:45 am]
BILLING CODE 4910-13-P


1. Identification of the Information Collection

1(a) Title of the Information Collection
Recordkeeping for Institutional Dual Use Research of Concern (iDURC) Policy Compliance
EPA ICR Number 2530.03, OMB Control No. 2080-0082

1(b) Short Characterization/Abstract

The White House Office of Science and Technology Policy issued the United States Government Policy for Institutional Oversight of Life Sciences Dual Use Research of Concern (iDURC Policy) in September 2014. The purpose of the Policy is to identify Dual Use Research of Concern (DURC) and implement risk mitigation measures where applicable. DURC applies to life science research that provides knowledge, information, products, or technologies that could be directly misapplied to pose a significant threat with broad potential consequences to public health and safety, agricultural crops and other plants, animals, the environment, material, or national security.

Institutions subject to the iDURC Policy are those within the United States that (1) receive funding from the U.S. Government to conduct or sponsor life sciences research and (2) conduct or sponsor research that involves one or more of the 15 agents or toxins identified in the iDURC Policy, even if the research is not supported by U.S. Government funding. Institutions outside of the United States that receive U.S. Government funding to conduct or sponsor research that involves one or more of the 15 agents or toxins identified in the iDURC Policy are also subject to the Policy. The iDURC Policy requires that institutions subject to the Policy provide education and training on DURC for individuals conducting life sciences research with one or more of the 15 agents or toxins identified in the iDURC Policy. It is also required that they maintain education and training records for the term of the research grant or contract.

EPA is submitting an information collection request for the requirement of institutions to maintain these training records. EPA's Office of Research and Development may choose to collect these records to ensure policy compliance.

2. Need for and use of the Collection
2(a) Need/Authority for Collection

The White House Office of Science and Technology Policy issued the United States Government Policy for Institutional Oversight of Life Sciences Dual Use Research of Concern (iDURC Policy) on September 2014. It became effective on September 24, 2015 (79 FR 57589). All federal departments and agencies are required to implement this policy. The iDURC Policy requires institutions to maintain training records for individuals conducting life sciences research with one or more of the 15 agents or toxins identified in the Policy. The goal of this collection is to ensure that all personnel involved in conducting life sciences research with one or more of the 15 agents or toxins identified in the iDURC Policy understand what DURC is, how to mitigate risk, and how to communicate research findings in a responsible manner through the use of training and education.

2(b) Practical Utility/Users of the Data

The iDURC Policy requirement for training records helps institute a culture of responsibility for individuals conducting life science research with one or more of the 15 agents or toxins identified in the Policy.

3. Non duplication, Consultations, and Other Collection Criteria
3(a) Non duplication

Training information requested from institutions under this ICR is required by the iDURC Policy, which is being implemented by all federal departments and agencies. There are no other sources available to collect this information.

3(b) Public Notice Required Prior to ICR submission to OMB

To comply with the 1995 Amendments to the Paperwork Reduction Act (PRA), EPA solicited public comment on this ICR for a 60-day period prior to its submission to OMB. EPA published a notice in the Federal Register (FR) on requesting comment on the estimated respondent burden and other aspects of this ICR (ICR 2530.02). Before submission to OMB, EPA will consider any comments received and determine if any adjustments are needed to the burden and cost calculations or to the supporting statement for this ICR. An additional FR notice will be published when this ICR is submitted to OMB. The public comment period for this additional notice will be 30 days.

3(c) Consultations
EPA consulted with one private sector organization, Battelle (Brian O'Shea,<PHONE_NUMBER>). This consultation confirmed the burden estimation of this ICR. EPA is currently funding 10 projects that are subject to the Policy, 2 of which are conducted by non-Federal organizations and are subject to Paperwork Reduction Act requirements. EPA attempted to contact the non-Federal entities on multiple occasions but were unable to identify participants to provide feedback on the burden of this ICR.

3(d) Effects of Less Frequent Collection

The iDURC Policy requirement for training records helps institute a culture of responsibility for individuals conducting life science research with one or more of the 15 agents or toxins identified in the Policy. A less frequent collection of these training records may result in non-compliance with the Policy by EPA and/or U.S. Government-funded institutions. Non-compliance with the Policy could potentially result in the release of knowledge, information, products, or technologies that could be directly misapplied and pose a significant threat with broad potential consequences to public health and safety, agricultural crops and other plants, animals, the environment, materiel, or national security.

3(e) General Guidelines

This collection requires record retention beyond the 3-year limit noted in 5 CFR 1320.5(d)(2). This requirement is driven by the iDURC Policy itself which stipulates that records must be saved for three years after its completion, but no less than eight years, unless a shorter period is required by law or regulation. No other provisions requiring special justification under 5 CFR 1320.5(d)(2) are triggered.

3(f) Confidentiality

This information is required to be withheld from the public pursuant to Section 107(a) of the Ethics in Government Act of 1978. Agency personnel shall not publicly release the information contained therein.

If EPA chooses to collect this information, the designated official will store it on the EPA DURC SharePoint Site, which is only accessible to those who have the appropriate privileges. EPA does not intend to publish or make public any of the information that may be collected through this information request.

3(g) Sensitive Questions

This information collection does not require sensitive information be disclosed by respondents.

4. The Respondents and the Information Requested

4(a) Respondents/NAICS Codes

The iDURC Policy states that institutions subject to the Policy are those within the United States that both receive funding from the U.S. Government to conduct or sponsor life sciences research and conduct or sponsor research that involves one or more of the 15 agents or toxins identified in the iDURC Policy, even if the research is not supported by U.S. Government funding. Institutions outside of the United States that receive U.S. Government funding to conduct or sponsor research that involves one or more of the 15 agents or toxins identified in the iDURC Policy are also subject to the Policy. Institutions that do not receive U.S. Government funding for life sciences research, but conduct life sciences research that has potential to generate knowledge, information, products, or technologies that could be used in a manner that results in harm, are not subject to oversight as articulated in the Policy; however, they are strongly encouraged to implement internal oversight procedures consistent with the culture of shared responsibility and notify the National Institutes of Health (NIH) of any research that is determined to be DURC. NIH will refer the notification to the appropriate agency based upon the nature of the research. The North American Industry Classification System (NAICS) code for Research and Development in the Physical, Engineering and Life Sciences is code 54171.

4(b) Information Requested

(i) Data items, including record keeping requirements

Per iDURC Policy, the research institution is required to store training records for the term of the research grant or contract, plus three years after its completion, but no less than eight years, unless a shorter period is required by law or regulation. EPA may contact the institution via email requesting these records to ensure policy compliance. Additional information is found in section 5(b).

	(ii) Respondent Activities

The U.S. Government developed a compendium of tools to assist investigators and research institutions in the implementation of DURC oversight, including training and education on DURC. Institutions may wish to address dual use topics in existing courses on research ethics or the responsible conduct of research. Per iDURC Policy, institutions may require additional record keeping and should designate an individual responsible for maintaining documentation. Institutions should ensure that all individuals involved in research subject to iDURC Policy have completed this training and provided records of such training to the institution.

5. The Information Collected - Agency Activities, Collection Methodology, and Information Management

5(a) Agency Activities
To comply with the iDURC Policy, the EPA may have to analyze, evaluate, summarize, and/or report on the training records from institutions subject to the iDURC Policy.

5(b) Collection Methodology and Management

Information collected from institutions subject to the iDURC Policy must be useful, accurate, reliable, and retrievable. Institutions must comply with the practices and procedures outlined in the Policy, which includes ensuring data quality. Non-compliance with the iDURC Policy may result in suspension, limitation or termination of U.S. Government funding, or loss of future U.S. Government funding opportunities for the non-compliant U.S. Government-funded research project and of U.S. Government funds for other life sciences research at the institution.

If necessary, the designated official from EPA may collect the information via email and store it on the DURC SharePoint Site. The EPA DURC SharePoint Site is listed as For Official Use Only, and access to the site is managed by EPA's Office of Homeland Security. EPA does not intend to publish or make public any of the information that may be collected through this information request.

5(c) Small Entity Flexibility

This collection of information is not reasonably expected to impact small businesses or other small entities. For research institutions in low-resource environments outside of the U.S. that receive U.S. Government funds, EPA may consider serving as the implementing Institutional Review Entity, as the funding Agency, thereby providing the necessary oversight and compliance with the iDURC Policy.

5(d) Collection Schedule

Institutions subject to the iDURC Policy should certify that they will comply with the Policy at the time of seeking or receiving EPA funding. These institutions must notify the U.S Government funding agency within 30 calendar days of any research that involves one or more of the 15 agents and one or more of the 7 experiments, including whether it meets or does not meet the definition of DURC. Principal Investigators must ensure that laboratory personnel (i.e. those under the supervision of laboratory leadership, including graduate students, postdoctoral fellows, research technicians, laboratory staff, and visiting scientists) conducting life sciences research with one or more of the 15 agents or toxins identified in the iDURC Policy have received education and training on DURC. These training records must be maintained by the institution for the term of the research grant or contract, plus three years after its completion, but no less than eight years, unless a shorter period is required by law or regulation. EPA may choose to collect these records to ensure compliance with the Policy at any time.

6. Estimating the Burden and Cost of the Collection

6(a) Estimating Respondent Burden
The mean hourly wage for life, physical and social science occupations is listed in the Bureau of Labor Statistics' website: https://www.bls.gov/oes/current/oes_nat.htm#19-0000. The mean hourly wage for this occupation group is $38.89. In this ICR, that wage rate is multiplied by the standard overhead factor of 1.6 to produce a total hourly labor cost of approximately $62.22 (rounded to $63).

It is estimated that each respondent will take 30 minutes to complete the training and complete recordkeeping activities. Approximately 40 respondents could be requested to submit recordkeeping statements annually. These are one-time activities for the life of the research grant/contract. Multiplying the estimated number of respondents (40) by the estimated respondent labor cost ($63), by the number of hours (.50), we estimate the total dollar burden for this ICR to be $1,260 annually.

6(b) Estimating Respondent Costs

 Estimating Labor Costs

                             Respondent Activities
                          Burden Hours per Respondent
Burden for Respondent ($38.89 per labor hour multiplied by 1.6 for overhead equals $64)
                        Number of Respondents per Year
                        Total Respondent Cost per Year
Education & Training
                                      .33
                                   (20 min)
                                    $20.50
                                      40
                                     $760
Recordkeeping for Training
                                      .17
                                   (10 min)
                                      $11
                                      40
                                     $400
Total
                                   .5 hours
                                    $31.50
                                      40
                                    $1,260

Annual Cost for Respondents

 (ii) Estimating Capital and Operations and Maintenance Costs

There are no capital or operations and maintenance costs.

(iii) Capital/Start-up Operating and Maintenance (O&M) Costs

There are no capital/startup operating and maintenance costs.

(iv) Annualizing Capital Costs

There are no annualized capital costs.

(c) Estimating Agency Burden and Cost

                        Information Collection Activity
                                 Annual Hours
                                 Annual Costs
Analyzing, Evaluating, Summarizing, and/or Reporting on Training Records
                                      0.5
                                    $21.84

The Agency estimates that it would require 30 minutes for one staff member to review and evaluate training records performed by a GS-11 employee. The annual salary for a GS-11, Step 1 in Washington, DC is $74,950. The hourly rate including benefits is $43.68 ($27.30 hourly rate x 1.6 multiplier).

6(d) Estimating the Respondent Universe and Total Burden and Costs

See 6(a) and 6(b).

6(e) Bottom Line Burden Hours and Cost Tables

EPA estimates a total of 40 respondents would be required to take training and maintain records of that training for the duration of this ICR. On average, EPA has funded five research projects per year that involve one or more of the 15 agents or toxins identified in the iDURC Policy through a contract/grant mechanism. Previous consultations with Project Officers determined that there are about 6-8 respondents per research project. Average annual total costs are estimated to be $1,260.

 Respondent Tally

              Bottom-Line Annual Burden and Cost for Respondents
                 Respondent Activities to Complete the Survey
                            Burden Hours/Respondent
                           Number of Hours per Year
Burden for Respondent ($23.60 per labor hour multiplied by 1.6 for overhead equals $38)
                        Number of Respondents Per Year
                              Total Cost Per Year
Total Per Year
                                      .5
                                      20
                                    $31.50
                                      40
                                    $1,260
3 Years
                                      1.5
                                      60
                                    $31.50
                                      120
                                    $3,780

 The Agency Tally

                   Bottom-Line Annual Agency Burden and Cost

                       Agency Hours for Each Respondent
                           Number of Hours Per Year
                              Labor Cost Per Year
                          Total Agency Cost Per year
Agency Total
                                      .5
                                      20
                                     $437
                                     $437
3 Years
                                      1.5
                                      60
                                   $1,310.40
                                   $1,310.40

(iii) Variations in the Annual Bottom Line

We do not anticipate major variations in the annual bottom line burden hours and costs for the respondents or the Agency.

6(f) Reasons for Change in Burden

There is no change in burden hours in the total estimated respondent burden compared with the ICR currently approved by OMB.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average of 0.5 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purpose of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjusting the existing ways to comply with any previously applicable applications and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit, or otherwise disclose the information. 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 OMB control number. The OMB control number for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket Number EPA-HQ-2016-0010, which is available for online viewing at www.regulations.gov, or in person viewing at the Office of Mission Support Docket in the EPA Docket Center (EPA/DC), EPA William Jefferson Clinton West Building, Room 3334, 1301 Constitution Avenue, NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m.  -  4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Office of Mission Support Docket is<PHONE_NUMBER>. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17[th] Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-2016-0010, OMB Control No. 2080-0082 in any correspondence.


[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Notices]
[Pages 67579-67582]
[FR Doc No: 2020-23455]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90218; File No. SR-BX-2020-030]

Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Make Technical
Amendments to the Options Listing Rules

October 19, 2020.
    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 October 8, 2020, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Options 4, Section 3, ``Criteria for
Underlying Securities,'' Options 4, Section 5, ``Series of Options
Contracts Open for Trading,'' and Options 4, Section 6, which is
currently reserved, to relocate certain rule text and make other minor
technical amendments.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/bx/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

forth in sections A, B, and C below, of the most significant aspects of
such statements.

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

1. Purpose
    The Exchange proposes to amend Options 4, Section 3, ``Criteria for
Underlying Securities,'' Options 4, Section 5, ``Series of Options
Contracts Open for Trading,'' and Options 4, Section 6, which is
currently reserved, to relocate certain rule text and make other minor
technical amendments.
Options 4, Section 3
    The Exchange proposes to amend Options 4, Section 3(1)(i) to add
the words ``or ETNs'' after the phrase ``collectively known as ``Index-
Linked Securities'' '' for additional clarity. The Exchange believes
that this addition of ``ETNs'' will assist Participants in locating
this rule text.
Options 4, Section 5
Relocate Rule Text
    The Exchange proposes to relocate certain portions of the
Supplementary Material to Options 4, Section 5 in order that rule text
related to certain strike listing programs be placed with related rule
text. Proposed relocated rule text is not being amended with this
proposal.
    The Exchange proposes to relocate Supplementary Material .11 within
Options 4, Section 5 to new Options 4, Section 5(a)(1).
    The Exchange proposes to relocate Supplementary Material .14 within
Options 4, Section 5 to new Options 4, Section 5(e).
    The Exchange proposes to relocate Supplementary Material .12 within
Options 4, Section 5 to new Options 4, Section 5(f).
    The Exchange proposes to relocate Supplementary Material .02 within
Options 4, Section 5 to new Options 4, Section 6.
    The Exchange proposes to relocate Supplementary Material .07 within
Options 4, Section 5 to new Options 4, Section 5(h).
    The Exchange proposes to relocate Supplementary Material .08 within
Options 4, Section 5 to new Options 4, Section 5(i).
    The Exchange proposes to relocate Options 4, Section 5(d)(iv) to
Supplementary Material .02 within Options 4, Section 5 and add a title
``$2.50 Strike Price Interval Program.'' \3\
---------------------------------------------------------------------------

    \3\ The Exchange proposes to relocate current Supplementary
Material .02 to Options 4, Section 5 to new Options 4, Section 6, as
described below.
---------------------------------------------------------------------------

    The Exchange proposes to delete the first sentence of Supplementary
Material .03(e) within Options 4, Section 5, which provides ``The
interval between strike prices on Short Term Option Series shall be the
same as the strike prices for series in that same option class that
expire in accordance with the normal monthly expiration cycle.'' The
Exchange notes that this rule text is not necessary because with the
relocation of the strike listing rules for Short Term Option Series,
which are proposed to be relocated from Supplementary Material .12 of
Options 4, Section 5 to new Options 4, Section 5(f), the reference
becomes unnecessary.
    The Exchange proposes to relocate Supplementary Material .13 within
Options 4, Section 5 to the end of Supplementary .03(e) of Options 4,
Section 5.
Other Technical Amendments
    The Exchange proposes to relocate a period currently after the term
``Section'' to after the number ``5''. The Exchange proposes to update
certain outdated citations to rule text within Options 4, Section 5.
The Exchange proposes to lowercase the term ``customer'' within Options
4, Section 5(c). The Exchange proposes to re-number and re-letter
certain sections for consistency, and remove reserved sections from the
rule. The Exchange proposes to utilize the defined term ``Commission''
\4\ within Options 4, Section 5(f). The Exchange proposes to remove a
stray ``6'' within Options 4, Section 5(g). The Exchange proposes to
add the words ``Long-Term Options Series or'' before the term ``LEAPS''
and add quotation marks in that same sentence within current
Supplementary Material .01(b)(v) at Options 5, Section 5 which is being
renumbered as Supplementary Material .01(b)(5) at Options 5, Section 5.
---------------------------------------------------------------------------

    \4\ The terms ``Commission'' or ``SEC'' mean the Securities and
Exchange Commission (SEC), established pursuant to the Act. See
General 1(b)(8).
---------------------------------------------------------------------------

Options 4, Section 6
    The Exchange proposes to amend Options 4, Section 6, which is
currently reserved. Similar to Nasdaq ISE, LLC (``ISE''), the Exchange
proposes to relocate current Supplementary Material .02 to Options 4,
Section 5 to new Options 4, Section 6 and title the section ``Select
Provisions of Options Listing Procedures Plan.'' The Exchange proposes
to update and conform the rule text of current Supplementary Material
.02 to Options 4, Section 5 to mirror the rule text within ISE Options
4, Section 6. The Exchange proposes to add this sentence. ``A complete
copy of the current OLPP may be accessed at: http://www.optionsclearing.com/products/options_listing_proceduresplan.pdf''
to the end of proposed Options 4, Section 6(a) to provide greater
detail. The Exchange also proposes to add a clause which provides that,
``The series exercise price range limitations contained in subparagraph
(a) above do not apply with regard to: The listing of Flexible Exchange
Options,'' similar to ISE. In addition to renumbering this section to
correspond to ISE's numbering, the Exchange proposes additional rule
text which mirrors ISE's rule text which states,

    (iii) The Exchange may designate up to five options classes to
which the series exercise price range may be up to 100% above and
below the price of the underlying security (which underlying
security price shall be determined in accordance with subparagraph
(i) above). Such designations shall be made on an annual basis and
shall not be removed during the calendar year unless the options
class is delisted by the Exchange, in which case the Exchange may
designate another options class to replace the delisted class. If a
designated options class is delisted by the Exchange but continues
to trade on at least one options exchange, the options class shall
be subject to the limitations on listing new series set forth in
subparagraph (i) above unless designated by another exchange.
    (iv) If the Exchange that has designated five options classes
pursuant to subparagraph (iii) above requests that one or more
additional options classes be excepted from the limitations on
listing new series set forth in subparagraph (i) above, the
additional options class(es) shall be so designated upon the
unanimous consent of all exchanges that trade the options class(es).
Additionally, pursuant to the Exchange's request, the percentage
range for the listing of new series may be increased to more than
100% above and below the price of the underlying security for an
options class, by the unanimous consent of all exchanges that trade
the designated options class.
    Exceptions for an additional class or for an increase of the
exercise price range shall apply to all standard expiration months
existing at the time of the vote, plus the next standard expiration
month to be added, and also to any non-standard expirations that
occur prior to the next standard monthly expiration.

    The Exchange believes that the addition of this rule text will
harmonize BX's Rule to ISE's Options 4, Section 6 and also memorialize
certain aspects of the Options Listing Procedures Plan so that market
participants will have ease of reference in locating language
concerning the Options Listing Procedures Plan.

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\5\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\6\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest.
The Exchange's proposal to make a non-substantive amendment to Options
4, Section 3 to add the more commonly used term ``ETN'' next to
``Index-Linked Securities'' will allow Participants to search the rule
text using the term ``ETN''.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Amending Options 4, Section 5 to relocate rule text within the
related listing program will make the rule easier to understand. The
rule text being relocated is not amended by this proposal. The
remainder of the rule changes within Options 4, Section 5 are non-
substantive and intended to provide clarity to the rule text.
    Relocating current Supplementary Material .02 to Options 4, Section
5 to new Options 4, Section 6 and titling the section ``Select
Provisions of Options Listing Procedures Plan'' will harmonize BX's
listing rules with those of ISE. Further, the Exchange believes that
the addition of rule text within Options 4, Section 6, similar to ISE
Options 4, Section 6, will provide market participants with ease of
reference in locating language concerning the Options Listing
Procedures Plan.
    The Exchange believes that the proposed amendments are consistent
with the Act and the protection of investors and the general public
because the amendments bring greater clarity to BX's listing rules.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule changes
are non-substantive and are intended to provide greater clarity.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
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 satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \9\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \10\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay. As
the proposed rule change raises no novel issues and promotes clarity
and consistency within the Exchange's options listing rules, the
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
Accordingly, the Commission hereby waives the operative delay and
designates the proposed rule change operative upon filing.\11\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
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 email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2020-030 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-BX-2020-030. 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 the Exchange. 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-BX-2020-030, and should be submitted on
or before November 13, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-23455 Filed 10-22-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 23, 2009 (Volume 74, Number 14)]
[Notices]
[Page 4296-4299]
[DOCID:fr23ja09-127]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2008-0333]

Pipeline Safety: Requests for Special Permit

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA);
DOT.

ACTION: Notice.

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

SUMMARY: The Federal pipeline safety laws allow a pipeline operator to
request PHMSA to waive compliance with any part of the Federal pipeline
safety regulations by granting a special permit to the operator. PHMSA
is publishing this notice to provide a list of special permit requests
we have received from pipeline operators seeking relief from compliance
with certain pipeline safety regulations. This notice seeks public
comment on these requests, including comments on any environmental
impacts. At the conclusion of the 30 days comment period, PHMSA will
evaluate each request individually to determine whether to grant or
deny a special permit.

DATES: Submit any comments regarding any of these special permit
requests by February 23, 2009.

ADDRESSES: Comments should reference the docket number for the special
permit request and may be submitted in the following ways:
     E-Gov Web Site: http://www.Regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency.
     Fax: 1-202-493-2251.
     Mail: Docket Management System: 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: DOT Docket Management System: U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    Instructions: You should identify the docket number for the special
permit request you are commenting on at the beginning of your comments.
If you submit your comments by mail, submit two copies. To receive
confirmation that PHMSA received your comments, include a self-
addressed stamped postcard. Internet users may submit comments at
http://www.Regulations.gov.

    Note: Comments are posted without changes or edits to http://
www.Regulations.gov, including any personal information provided.
There is a privacy statement published on http://
www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT:
    General: Kay McIver by telephone at<PHONE_NUMBER>; or, e-mail at
<EMAIL_ADDRESS>    Technical: Steve Nanney by telephone at<PHONE_NUMBER>, or, e-mail
at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: PHMSA has filed in the Federal Docket
Management System (FDMS) requests for special permits we have received
from pipeline operators seeking relief from compliance with certain
pipeline safety regulations. Each request has been assigned a separate
docket number in the FDMS. We invite interested persons to participate
by reviewing these special permit requests and by submitting written
comments, data or other views. Please include any comments on
environmental impacts granting the special permit may have.
    Before acting on any special permit request, PHMSA will evaluate
all comments received on or before the comment closing date. We will
consider comments received after this date if it is possible to do so
without incurring additional expense or delay. We may grant a special
permit or deny a request based on the comments we receive.
    PHMSA has received the following special permit requests:

----------------------------------------------------------------------------------------------------------------
            Docket No.                   Requester        Regulation(s) affected      Nature of special permit
----------------------------------------------------------------------------------------------------------------
PHMSA-2008-0188...................  Texas Eastern        49 CFR 192.611..........  To authorize Texas Eastern
                                     Transmission, L.P.                             Transmission, L.P. (TETLP)
                                     (``TETLP'')                                    to operate two pipeline
                                     (Spectra Energy).                              segments on its 24-inch Line
                                                                                12 system downstream of its
                                                                                Grantville Compressor
                                                                                station in Lebanon County,
                                                                                Pennsylvania to Bernville
                                                                                Compressor station in
                                                                                Pennsylvania without
                                                                                reducing operating pressure
                                                                                as a result of changes from
                                                                                Class 1 to Class 2
                                                                                locations. Grantville Line
                                                                                12 would continue to operate
                                                                                at its maximum allowable
                                                                                operating pressure
                                                                                (``MAOP'') of 1,050 psig
                                                                                without replacing the pipe
                                                                                in the new Class 2 area.
PHMSA-2008-0213...................  Empire Pipeline....  49 CFR 192.611..........  To authorize the Empire
                                                                                Pipeline to operate 5
                                                                                segments on its 24-inch
                                                                                natural gas pipeline without
                                                                                reducing the operating
                                                                                pressure as a result of
                                                                                changes from Class 1 to
                                                                                Class 3 locations. The
                                                                                special permit is sought
                                                                                with respect to these five
                                                                                segments:
                                                                                Segment 1: (MP 57.33 to MP
                                                                                57.49) in the town of Byron,
                                                                                Genesee County, NY, west of
                                                                                NY Route 237.
                                                                                Segment 2: (MP 76.09 to MP
                                                                                76.42) located in the town
                                                                                of Henrietta, in Monroe
                                                                                County, NY and 375 feet west
                                                                                of East River Road.
                                                                                Segment 3: (MP 84.88 to MP
                                                                                85.19) located in the town
                                                                                of Pittsford, Monroe County,
                                                                                NY, beginning approximately
                                                                                200 feet west of West
                                                                                Bloomfield Road and
                                                                                continuing approximately 3/
                                                                                10th of a mile to the west.
                                                                                Segment 4: (MP 23.30 to MP
                                                                                23.81) located in the town
                                                                                of Pendleton, Niagara
                                                                                County, NY, west of Transit
                                                                                Road (Route 78).
                                                                                Segment 5: (MP 25.19 to MP
                                                                                25.54) located in the town
                                                                                of Lockport, Niagara County,
                                                                                New York, east of Old
                                                                                Beattie Road.

PHMSA-2008-0257...................  Texas Eastern        49 CFR 192.112(a)(1), 49  To authorize an increase in
                                     Transmission.        CFR 192.112(c)(1), 49     MAOP on the Texas Eastern
                                                          CFR 192.112(c)(2)(i),     Transmission, L.P.
                                                          49 CFR                    (``TETLP'') 36-inch Lines 1
                                                          192.112(c)(2)(ii), 49     and 2 from the Uniontown,
                                                          CFR 192.112(c)(2)(iii),   Pennsylvania compressor
                                                          49 CFR                    station to a mainline
                                                          192.112(d)(2)(i), 49      regulating station,
                                                          CFR 192.112(f)(1), 49     approximately 7 miles west
                                                          CFR 192.620(d)(5)(iii).   of its Lambertville, New
                                                                                Jersey compressor station.
                                                                                The pipeline system
                                                                                operating pressure would
                                                                                increase to 80% of specified
                                                                                minimum yield strength
                                                                                (SMYS) in Class 1 locations,
                                                                                67% SMYS in Class 2
                                                                                locations, and 56% SMYS in
                                                                                Class 3 locations. There are
                                                                                no Class 4 areas on the
                                                                                system and TETLP does not
                                                                                propose to include future
                                                                                Class 4 areas under this
                                                                                special permit. The existing
                                                                                pipeline system pressure is
                                                                                1000 psig and will be
                                                                                uprated to 1112 psig. The
                                                                                MAOP uprate is part of two
                                                                                proposed pipeline capacity
                                                                                expansion projects, called
                                                                                the TEMAS and TIME III
                                                                                Projects.
PHMSA-2008-0285...................  TransCanada          49 CFR 195.106..........  To authorize TransCanada to
                                     Keystone Pipeline                              design, construct and
                                     LP 36-inch XL                                  operate the proposed 36-inch
                                     Pipeline.                                      TransCanada Keystone XL
                                                                                Pipeline Project, using a
                                                                                design factor and operating
                                                                                stress level of 80% SMYS.
PHMSA-2008-0327...................  Trunkline LNG        49 CFR 190.341..........  To authorize Trunkline LNG
                                     (TLNG).                                        (TLNG) to operate two
                                                                                potassium formate heat-
                                                                                exchange vaporizers at the
                                                                                TLNG facility near Lake
                                                                                Charles, Louisiana. These
                                                                                vaporizers are part of a
                                                                                nearly completed expansion
                                                                                project at the facility and
                                                                                are referred to as the IEP
                                                                                (Infrastructure Expansion
                                                                                Project). This request is to
                                                                                adjust the allowed distance
                                                                                between the second and third
                                                                                vaporizers.
PHMSA-2008-0330...................  Columbia Gas         49 CFR 192.611..........  To authorize Columbia Gas
                                     Transmission (CGT).                            Transmission (CGT) to
                                                                                operate 2 segments on its 30-
                                                                                inch Mainline 200, and its
                                                                                36-inch Mainline 300
                                                                                pipeline systems located in
                                                                                Mt. Juliet, Wilson County,
                                                                                Tennessee, without reducing
                                                                                operating pressure as a
                                                                                result of changes from
                                                                                original Class 1 or Class 2
                                                                                to Class 3 locations, and
                                                                                without replacing the pipe
                                                                                in Class 3 areas.
PHMSA-2008-0331...................  Columbia Gas         49 CFR 192.611..........  To authorize Columbia Gas
                                     Transmission (CGT).                            Transmission (CGT) to
                                                                                operate six segments of 30-
                                                                                inch SM-80 and 30-inch SM-80-
                                                                                Loop pipelines in Cabell and
                                                                                Putnam Counties, WV, at the
                                                                                current 935 psig operating
                                                                                pressure without replacing
                                                                                pipe in the Class 3
                                                                                locations. The SM-80 and SM-
                                                                                80-Loop pipelines are
                                                                                parallel to one another
                                                                                across their full length
                                                                                starting at Boyd County,
                                                                                Kentucky and ending at the
                                                                                Lanham compressor station at
                                                                                Rocky Fork, West Virginia.
PHMSA-2008-0332...................  Columbia Gas         49 CFR 192.611..........  To authorize Columbia Gas
                                     Transmission (CGT).                            Transmission (CGT) to
                                                                                operate 5 segments of 20-
                                                                                inch Mainline 1804 pipeline
                                                                                system in Adams and York
                                                                                Counties, PA without
                                                                                reducing operating pressure
                                                                                as a result of changes from
                                                                                Class 1 to Class 3
                                                                                locations.
PHMSA-2008-0345...................  Columbia Gas         49 CFR 192.611..........  To authorize Columbia Gas
                                     Transmission (CGT).                            Transmission (CGT) to
                                                                                operate four segments of its
                                                                                24-inch Mainline R-701
                                                                                pipeline in Southern Ohio
                                                                                without reducing operating
                                                                                pressure as a result of
                                                                                changes from Class 1 to
                                                                                Class 3 locations. Line R-
                                                                                701 runs south to north
                                                                                starting at Burlington, Ohio
                                                                                and ending at McArthur,
                                                                                Ohio.
----------------------------------------------------------------------------------------------------------------

    Authority: 49 U.S.C. 60118(c)(1) and 49 CFR 1.53.

    Issued in Washington, DC on January 15, 2009.
John Gale,
Director, Office of Regulations.
 [FR Doc. E9-1425 Filed 1-22-09; 8:45 am]

BILLING CODE 4910-60-P