[Federal Register: June 20, 2006 (Volume 71, Number 118)]
[Notices]
[Page 35471-35474]
[DOCID:fr20jn06-77]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53975; File No. SR-CBOE-2006-51]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change Regarding
Market-Maker Appointments

June 12, 2006.
    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 May 19, 2006, the Chicago Board Options Exchange, Incorporated
(``CBOE'' 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to amend CBOE Rule 8.3 relating to Market-Maker
appointments. The text of the proposed rule change is available on the
CBOE's Web site (http://www.cboe.com), at the Office of the Secretary,

CBOE, and at the Commission.

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 purpose of the proposed rule change is to amend CBOE Rule 8.3
relating to Market-Maker appointments. Currently, CBOE Rule 8.3(c)
provides that a Market-Maker can quote: (i) Electronically in all
Hybrid and Hybrid 2.0 Classes that are located in one designated
trading station (``appointed trading station''); (ii) in open outcry in
all classes traded on the Exchange; and (iii) electronically in either
two additional Hybrid 2.0 Classes in Tier A or Tier B that are not
located in the Market-Maker's appointed trading station, or five
additional Hybrid 2.0 Classes in Tiers C, D, or E that are not located
in the Market-Maker's appointed trading station.
    CBOE now proposes to modify the above provisions as follows which
would allow Market-Makers additional flexibility in choosing their
appointed classes and make the Market-Maker appointment process similar
to the process applicable to Remote Market-Maker (``RMM'')
appointments.
    First, like RMMs, CBOE proposes to allow a Market-Maker to create a
Virtual Trading Crowd (``VTC'') appointment, which would confer the
right to quote electronically in an appropriate number of Hybrid 2.0
Classes (as defined in CBOE Rule 1.1(aaa)) selected from ``tiers'' that
have been structured according to trading volume statistics. All
classes within a specific tier would be assigned an ``appointment
cost'' depending upon its tier location. The following table sets forth
the tiers and related appointment costs, which are identical to the
tiers and appointment costs set forth in CBOE Rule 8.4(d) that have
been structured for purposes of RMMs appointments.

------------------------------------------------------------------------
                                      Hybrid 2.0 option     Appointment
               Tier                        classes             cost
------------------------------------------------------------------------
AA................................  Options on the CBOE              .50
                                     Volatility Index
                                     (VIX).
A+................................   Options on              .25
                                     Standard & Poor's
                                     Depositary Receipts.
                                     Options on   ..............
                                     the Nasdaq-100
                                     Index Tracking
                                     Stock.
A*................................  Hybrid 2.0 Classes               .10
                                     1--60.
B*................................  Hybrid 2.0 Classes               .05
                                     61--120.
C*................................  Hybrid 2.0 Classes               .04
                                     121--345.
D*................................  Hybrid 2.0 Classes               .02
                                     346--570.
E*................................  All Remaining Hybrid            .01
                                     2.0 Classes.
------------------------------------------------------------------------
* Excludes Tier AA and A+ Classes.

    CBOE believes that allowing Market-Makers the same flexibility as
RMMs to choose and structure a VTC appointment composed of Hybrid 2.0
Classes is appropriate, and would provide Market-Makers with additional
trading opportunities outside of their appointed trading station.
    With respect to Hybrid Classes (as defined in CBOE Rule 1.1(aaa)),
CBOE proposes to allow a Market-Maker to quote electronically in an
appropriate number of Hybrid Classes that are located at one trading
station, which is similar to the current manner in which Market-Makers
request appointments, i.e., by trading station. CBOE proposes to assign
an appointment cost of .01 to each Hybrid Class.
    With regard to trading in open outcry, CBOE Rule 8.3 currently
provides that a Market-Maker has an appointment to trade in open outcry
in all classes traded on the Exchange. Because CBOE is proposing to
apply an appointment cost to each option class traded on the Exchange,
including both Hybrid and non-Hybrid option classes, CBOE proposes to
amend CBOE Rule 8.3 to provide that a Market-Maker has an appointment
to trade in open outcry in all Hybrid and Hybrid 2.0 Classes traded on
the Exchange. A Market-Maker would be required to be physically present
in the trading crowd where an option class is located in order to trade
in open outcry in that option class. A Market-Maker would be permitted
to submit electronic quotations into any of his/her appointed Hybrid or
Hybrid 2.0 Classes while the Market-Maker is trading in open outcry.
    For non-Hybrid and non-Hybrid 2.0 Classes (collectively ``Non-
Hybrid Classes''), CBOE proposes to allow a Market-Maker to select as
his appointment one or more Non-Hybrid Classes traded on the Exchange,
which would confer the right to trade in open outcry in an appropriate
number of Non-Hybrid Classes. Each Non-Hybrid Class would be assigned
an appointment cost, which are set forth below.

------------------------------------------------------------------------
                                                            Appointment
                   Non-Hybrid classes                          cost
------------------------------------------------------------------------
Options on the Standard & Poor's 500 (SPX)..............            1.0
 Options on the S&P 100 (OEX)*..................  ..............
 Options on the S&P 100 (XEO)*..................            1.0
NASDAQ 100 Index Options (NDX)..........................            1.0
Options on the iShares Russell 2000 Index Fund (IWM)....             .85
Options on the Russell 2000 Index (RUT).................             .45
Morgan Stanley Retail Index Options (MVR)...............             .25
Options based on 1/10th the Value of The Dow Jones                   .01
 Industrial Average (DXL)...............................
Options on the iShares S&P 100 (OEF)....................             .01
------------------------------------------------------------------------
* The OEX and XEO options classes collectively have an appointment cost
  of 1.0.

    As is the case for RMMs, each membership owned or leased by a
Market-Maker would have an appointment credit of 1.0. A Market-Maker
may select for each Exchange membership it owns or leases any
combination of Hybrid 2.0 Classes, Hybrid Classes which are located at
one trading station, and Non-Hybrid Classes, whose aggregate
``appointment cost'' does not exceed 1.0. The Exchange would rebalance
the ``tiers'' (excluding the ``AA'' and ``A+'' tiers) set forth in
paragraph (c)(i) of Rule 8.3 once each calendar quarter, which may
result in additions or deletions to their composition. When a class
changes tiers it would be assigned the appointment cost of that tier.
Upon rebalancing, each Market-Maker with a VTC appointment would be
required to own or lease the appropriate number of Exchange

memberships reflecting the revised appointment costs of the Hybrid and
Hybrid 2.0 Classes constituting its appointment. These provisions
relating to re-balancing are identical to the provisions contained in
CBOE Rule 8.4(d) applicable to RMMs.
    In new paragraph (c)(vi) of CBOE Rule 8.3, CBOE proposes to
continue and modify slightly an existing Pilot Program in effect until
March 24, 2007, which allows a Market-Maker to quote remotely. The
existing Pilot Program provides that a Market-Maker may submit
electronic quotations in his/her appointed Hybrid and Hybrid 2.0
Classes from outside of his/her appointed trading station.\3\ Because
CBOE is proposing to allow Market-Makers to create a VTC consisting of
Hybrid 2.0 Classes, CBOE proposes to modify the Pilot Program such that
it provides Market-Makers with the ability to quote remotely away from
CBOE's trading floor in their appointed Hybrid and Hybrid 2.0 option
classes. While on the trading floor, there would be no requirement that
a Market-Maker must be present in a particular trading station in order
to stream electronic quotations into his/her appointed classes.
---------------------------------------------------------------------------

    \3\ Prior to the Pilot Program, a Market-Maker could only stream
electronic quotes into an option class when he/she was physically
present in his/her appointed trading station.
---------------------------------------------------------------------------

    CBOE also proposes to continue two existing Pilot Programs set
forth in CBOE Rules 8.4(c)(i) and 8.93(vii), which are in effect until
September 14, 2006, and which provide that an RMM or e-DPM in an option
class can have one Market-Maker affiliated with the RMM or e-DPM
trading in the option class. However, CBOE Rule 8.3(c) would continue
to require that a Market-Maker affiliated with an e-DPM or RMM can
submit electronic quotations in any class in which the affiliated e-DPM
or RMM has an appointment only if the Market-Maker is present in the
trading station where the class is located.\4\ CBOE also notes in
paragraph (c)(vii) to CBOE Rule 8.3 that a Market-Maker and an
affiliated e-DPM or affiliated RMM can operate as multiple aggregation
units under the criteria set forth in CBOE Rule 8.4(c)(ii) pursuant to
a Pilot Program that expires on March 14, 2007.
---------------------------------------------------------------------------

    \4\ CBOE Rule 8.3(c) currently provides that for any class in
which the affiliated RMM or e-DPM has an appointment, a Market-Maker
is ineligible to submit electronic quotations from outside of its
appointed trading station.
---------------------------------------------------------------------------

    In new paragraph (c)(viii) to CBOE Rule 8.3, CBOE notes that
pursuant to a Pilot Program that expires on March 14, 2007, two
affiliated Market-Makers can hold an appointment in the same class
provided both Market-Makers operate as multiple aggregation units under
the criteria set forth in CBOE Rule 8.4(c)(ii). This provision is
consistent with current CBOE Rule 8.3(c)(iii).
    As provided in new Interpretation .01 to CBOE Rule 8.3, in the
event the total appointment cost for all of the Hybrid 2.0 Classes,
Hybrid Classes, and/or Non-Hybrid Classes, constituting a Market-
Maker's appointment on the approval date of this rule change exceeded
1.0, then CBOE proposes to grant the Market-Maker six months from the
date of the approval of this rule change to comply with the provisions
of CBOE Rule 8.3(c)(v) that provide a Market-Maker's appointed classes
cannot have an total appointment cost in excess of 1.0. During these
six months, any Market-Maker whose total appointment cost exceeds 1.0
would be ineligible to request an appointment in any other option class
until the Market-Maker's total appointment cost is less than 1.0. The
preceding limited exemption to CBOE Rule 8.3(c)(v) would be available
only to those Market-Makers whose total appointment cost for all of the
Hybrid 2.0 Classes, Hybrid Classes, and/or Non-Hybrid Classes,
constituting a Market-Maker's appointment would have exceeded 1.0 on
April 24, 2006, if the rule had been in effect on that date.
2. Statutory Basis
    CBOE believes the proposed rule change is consistent with the Act
\5\ and the rules and regulations under the Act applicable to a
national securities exchange and, in particular, the requirements of
Section 6(b) of the Act.\6\ Specifically, the Exchange believes the
proposed rule change is consistent with the Section 6(b)(5) \7\
requirements that the rules of an exchange be designed to remove
impediments to and perfect the mechanism for a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78a et seq.
    \6\ 15 U.S.C. 78(f)(b).
    \7\ 15 U.S.C. 78(f)(b)(5).
---------------------------------------------------------------------------

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

    CBOE 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.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 35 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 90 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 CBOE 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-CBOE-2006-51 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-CBOE-2006-51. 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 20549-9303. Copies of such filing also will be
available for inspection and copying at the principal office of the
CBOE. 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-
CBOE-2006-51 and should be submitted on or before July 11, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

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

Nancy M. Morris,
Secretary.
 [FR Doc. E6-9578 Filed 6-19-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Notices]
[Page 36281]
[DOCID:fr22jy09-121]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold Closed Meetings on Thursday, July 23,
2009 at 2 p.m. and on Friday, July 24, 2009 at 8 a.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meetings.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meetings.
    Commissioner Casey, as duty officer, voted to consider the items
listed for the Closed Meetings in a closed session, and determined that
no earlier notice thereof was possible.
    The subject matter of the Closed Meeting scheduled for Thursday,
July 23, 2009 will be:

institution and settlement of injunctive actions; institution and
settlement of administrative proceedings; and other matters relating
to enforcement proceedings.

    The subject matter of the Closed Meeting scheduled for Friday, July
24, 2009 will be:

consideration of amici consideration; and litigation matters.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: July 17, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-17488 Filed 7-20-09; 11:15 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Notices]
[Page 19744]
[FR Doc No: 2018-09454]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-8436-000]

Kipp, Mary E.; Notice of Filing

    Take notice that on April 27, 2018, Mary E. Kipp filed an
application for authorization to hold interlocking positions, pursuant
to section 305(b) of the Federal Power Act, 18 U.S.C. 825d(f), and
section 45.8 of the Federal Energy Regulatory Commission's (Commission)
Regulations, 18 CFR 45.8.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on May 18, 2018.

    Dated: April 27, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-09454 Filed 5-3-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Notices]
[Pages 9003-9004]
[FR Doc No: 2018-04284]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2004-N-0258]

Food Labeling: Serving Sizes of Foods That Can Reasonably Be
Consumed at One Eating Occasion; Dual-Column Labeling; Updating,
Modifying, and Establishing Certain Reference Amounts Customarily
Consumed; Serving Size for Breath Mints; and Technical Amendments--
Small Entity Compliance Guide; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
availability of a guidance for industry entitled ``Food Labeling:
Serving Sizes of Foods That Can Reasonably Be Consumed at One Eating
Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing
Certain Reference Amounts Customarily Consumed; Serving Size for Breath
Mints; and Technical Amendments--Small Entity Compliance Guide.'' The
small entity compliance guide (SECG) is intended to help small entities
comply with a final rule we issued in the Federal Register of May 27,
2016, entitled ``Food Labeling: Serving Sizes of Foods That Can
Reasonably Be Consumed at One Eating Occasion; Dual-Column Labeling;
Updating, Modifying, and Establishing Certain Reference Amounts
Customarily Consumed; Serving Size for Breath Mints; and Technical
Amendments.'' The final rule is designed to ensure that serving sizes
are based on more recent consumption data and that consumers have
serving size information on the Nutrition Facts label that will assist
them in maintaining healthy dietary practices.

DATES: The announcement of the guidance is published in the Federal
Register on March 2, 2018.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management

Staff, FDA will post your comment, as well as any attachments, except
for information submitted, marked and identified, as confidential, if
submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2004-N-0258 for ``Food Labeling: Serving Sizes of Foods That Can
Reasonably Be Consumed at One Eating Occasion; Dual-Column Labeling;
Updating, Modifying, and Establishing Certain Reference Amounts
Customarily Consumed; Serving Size for Breath Mints; and Technical
Amendments--Small Entity Compliance Guide.'' Received comments will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' We will review
this copy, including the claimed confidential information, in our
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information to be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with 21 CFR 10.20 and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the SECG to the Office
of Nutrition and Food Labeling, Center for Food Safety and Applied
Nutrition (HFS-800), Food and Drug Administration, 5001 Campus Dr.,
College Park, MD 20740. Send two self-addressed adhesive labels to
assist that office in processing your request. See the SUPPLEMENTARY
INFORMATION section for electronic access to the SECG.

FOR FURTHER INFORMATION CONTACT: Jillonne Kevala, Center for Food
Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus
Dr., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of May 27, 2016 (81 FR 34000), we issued a
final rule pertaining to serving sizes for food. The final rule amends
the definition of a single-serving container; requires dual-column
labeling for certain containers; updates, modifies, and establishes
certain Reference Amounts Customarily Consumed (RACCs); amends the
serving size for breath mints; and makes certain technical amendments
to various aspects of preexisting serving size regulations. The final
rule, which is codified at Sec. Sec.  101.9 and 101.12 (21 CFR 101.9
and 101.12), became effective July 26, 2016, and has a compliance date
of July 26, 2018, for manufacturers with $10 million or more in annual
food sales, and July 26, 2019, for manufacturers with less than $10
million in annual food sales. On October 2, 2017, FDA published a
proposed rule to extend the compliance dates by approximately 1.5
years--to January 1, 2020, for manufacturers with $10 million or more
in annual food sales and to January 1, 2021, for manufacturers with
less than $10 million in annual food sales--and explained that, pending
completion of the rulemaking with respect to the compliance dates, we
intend to exercise enforcement discretion with respect to the
compliance dates announced in the final rule (82 FR 45753). A final
determination regarding the compliance dates is pending.
    We examined the economic implications of the final rule as required
by the Regulatory Flexibility Act (5 U.S.C. 601-612) and determined
that the final rules on nutrition labeling, taken as a whole, will have
a significant economic impact on a substantial number of small
entities. In compliance with section 212 of the Small Business
Regulatory Enforcement Fairness Act (Pub. L. 104-121, as amended by
Pub. L. 110-28), we are making available the SECG to explain the
actions that a small entity must take to comply with the rule.
    We are issuing the SECG consistent with our good guidance practices
regulation (21 CFR 10.115(c)(2)). The SECG represents the current
thinking of FDA on this topic. It does not establish any rights for any
person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations. This guidance is not subject to Executive
Order 12866.

II. Paperwork Reduction Act of 1995

    The guidance refers to previously approved collections of
information found in FDA regulations. The collections of information in
Sec. Sec.  101.9 and 101.12 have been approved under OMB control number
0910-0381.

III. Electronic Access

    Persons with access to the internet may obtain the SECG at either
https://www.fda.gov/FoodGuidances or https://www.regulations.gov. Use
the FDA website listed in the previous sentence to find the most
current version of the guidance.

    Dated: February 27, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-04284 Filed 3-1-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Rules and Regulations]
[Pages 34621-34623]
[FR Doc No: 2021-13782]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0790; Project Identifier 2020-NM-077-AD; Amendment
39-21604; AD 2021-12-17]
RIN 2120-AA64

Airworthiness Directives; ATR-GIE Avions de Transport
R[eacute]gional Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain ATR-GIE Avions de Transport R[eacute]gional Model ATR42-300, -
320, and -500 airplanes; and all Model ATR72-101, -102, -201, -202, -
211, -212, and -212A airplanes. This AD was prompted by reports of
defective seat tracks. This AD requires a detailed visual inspection of
each affected part for deficiencies (sealant blockage and out of
tolerance ligaments), and depending on findings, accomplishment of
applicable corrective actions, 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 August 4, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 4,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email<EMAIL_ADDRESS>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 IBR material 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 in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0790.

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-
0790; 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: Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3220; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0097R1, dated May 28, 2020
(EASA AD 2020-0097R1) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for certain ATR-GIE Avions de Transport R[eacute]gional Model ATR42-
300, -320, -400, and -500 airplanes; and all Model ATR72-101, -102, -
201, -202, -211, -212, and -212A airplanes. Model ATR42-400 airplanes
are not certificated by the FAA and are not included on the U.S. type
certificate data sheet; this AD therefore does not include those
airplanes in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain ATR-GIE Avions
de Transport R[eacute]gional Model ATR42-300, -320, and -500 airplanes;
and all Model ATR72-101, -102, -201, -202, -211, -212, and -212A
airplanes. The NPRM published in the Federal Register on September 9,
2020 (85 FR 55619). The NPRM was prompted by reports of defective seat
tracks. The NPRM proposed to require a detailed visual inspection of
each affected part for deficiencies (sealant blockage and out of
tolerance ligaments), and depending on findings, accomplishment of
applicable corrective actions, as specified in EASA AD 2020-0097R1.
    The FAA is issuing this AD to address a structural failure of the
seat track attachment during an emergency landing, possibly resulting
in injury to occupants, and affecting emergency evacuation. See the
MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for 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.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0097R1 specifies procedures for a detailed visual
inspection of each affected seat track for deficiencies (sealant
blockage and out of

tolerance ligaments), and corrective actions if necessary. Corrective
actions include replacement of seat track sections, and replacement of
the entire seat track. 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.

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
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 28 work-hours x $85 per hour = Up               $0  Up to $2,380..............  Up to $140,420.
 to $2,380.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition replacements that would be required based on the results of
any required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition replacements:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
               Labor cost                   Parts cost        product
------------------------------------------------------------------------
172 work-hours x $85 per hour = $14,620.             (*)         $14,620
------------------------------------------------------------------------
* The FAA has received no definitive data that would enable us to
  provide parts cost estimates for the on-condition replacements
  specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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.

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 airworthiness
directive:

2021-12-17 ATR-GIE Avions de Transport R[eacute]gional: Amendment
39-21604; Docket No. FAA-2020-0790; Project Identifier 2020-NM-077-
AD.

(a) Effective Date

    This airworthiness directive (AD) is effective August 4, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the ATR-GIE Avions de Transport
R[eacute]gional airplanes identified in paragraphs (c)(1) and (2) of
this AD, certificated in any category.
    (1) Model ATR42-300, -320, and -500 airplanes, all manufacturer
serial numbers, except manufacturer serial numbers 001 through 362
inclusive.
    (2) ATR72-101, -102, -201, -202, -211, -212, and -212A
airplanes, all manufacturer serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of defective seat tracks. The
FAA is issuing this AD to address a structural failure of the seat
track attachment during an emergency landing, possibly resulting in
injury to occupants, and affecting emergency evacuation.

(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
2020-0097R1, dated May 28, 2020 (EASA AD 2020-0097R1).

(h) Exceptions to EASA AD 2020-0097R1

    (1) Where EASA AD 2020-0097R1 refers to May 18, 2020 (the
effective date of its original issue), this AD requires using the
effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0097R1 does not
apply to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-
0097R1 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, 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 responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards 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, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or ATR-GIE
Avions de Transport R[eacute]gional's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Shahram Daneshmandi,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) 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.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0097R1,
dated May 28, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0097R1, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>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, 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>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0790.
    (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_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 6, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-13782 Filed 6-29-21; 8:45 am]
BILLING CODE 4910-13-P