[Federal Register: October 16, 2009 (Volume 74, Number 199)]
[Notices]
[Page 53225-53226]
[DOCID:fr16oc09-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. IC10-60-000, IC10-61-000, and IC10-555A-000]

Commission Information Collection Activities (FERC Form 60, FERC-
61, and FERC-555A); Comment Request; Extensions

October 8, 2009.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed information collections and request for
comments.

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SUMMARY: In compliance with the requirements of section 3506(c)(2)(a)
of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the Federal
Energy Regulatory Commission (Commission or FERC) is soliciting public
comment on the specific aspects of the information collections
described below.

DATES: Comments in consideration of the collections of information are
due December 15, 2009.

ADDRESSES: Comments may be filed either electronically or in paper
format, and should refer to Docket Nos. IC10-60-000, IC10-61-000, and
IC10-555A-000. (If comments apply to only one or two of the
collections, indicate the corresponding docket numbers.) Documents must
be prepared in an acceptable filing format and in compliance with the
Federal Energy Regulatory Commission submission guidelines at http://
www.ferc.gov/help/submission-guide.asp.
    Comments may be filed electronically via the eFiling link on the
Commission's Web site at http://www.ferc.gov. First time users will
have to establish a user name and password (http://www.ferc.gov/docs-
filing/eregistration.asp) before eFiling. The Commission will send an
automatic acknowledgement to the sender's e-mail address upon receipt
of comments through eFiling.
    Commenters filing electronically should not make a paper filing.
Commenters that are not able to file electronically must send an
original and 14 copies of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street, NE.,
Washington, DC 20426.
    All comments and FERC issuances may be viewed, printed or
downloaded remotely through FERC's Web site using the ``eLibrary'' link
and searching on Docket Nos. IC10-60-000, IC10-61-000, and IC10-555A-
000. For user assistance, contact FERC Online Support (e-mail at
<EMAIL_ADDRESS>or call toll-free at<PHONE_NUMBER>, or for
TTY, contact<PHONE_NUMBER>).

FOR FURTHER INFORMATION: Ellen Brown may be reached by telephone at
(202) 502-8663, by fax at<PHONE_NUMBER>, and by e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: OMB Control Number 1902-0215 currently
includes three information collections:
     FERC Form 60, ``Annual Report of Centralized Service
Companies'',\1\ pursuant to 18 CFR 369.1 and 366.23, with details at
http://www.ferc.gov/docs-filing/eforms/form-60/form-60.pdf,
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    \1\ This Notice in Docket No. IC10-60 is a separate proceeding
from the recent Notice of Proposed Rulemaking (NOPR) that FERC
issued on September 17, 2009, in Docket No. RM09-21-000 (``Revised
Filing Requirements for Centralized Service Companies Under the
Public Utility Holding Company Act of 2005, the Federal Power Act,
and the Natural Gas Act''). The NOPR in Docket No. RM09-21-000
proposes some clarifications related to the FERC Form 60. Docket No.
RM09-21 is not a subject of this Notice in Docket No. IC10-60.
Comments on Docket No. RM09-21-000 should be submitted in Docket No.
RM09-21-000, and not in Docket No. IC10-60.
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     FERC-61 (``Narrative Description Of Service Company
Functions''), pursuant to 18 CFR 366.23, and
     FERC-555A (``Preservation of Records of Holding Companies
and Service Companies Subject to PUHCA'' [Public Utility Holding
Company Act of 2005]), record retention requirements, pursuant to 18
CFR 366.22, and Parts 367 and 368.
    On August 8, 2005, the Energy Policy Act of 2005 was signed into
law, repealing the Public Utility Holding Company Act of 1935 (PUHCA
1935) and enacting the Public Utility Holding Company Act of 2005
(PUHCA 2005). Section 1264 (federal books and records access provision)
and Section 1275 (non-power goods and services provision) of PUHCA 2005
supplemented FERC's existing ratemaking authority under the Federal
Power Act (FPA) to protect customers against improper cross-
subsidization or encumbrances of public utility assets, and similarly,
FERC's ratemaking authority under the Natural Gas Act (NGA). These
provisions of PUHCA 2005 supplemented the FERC's broad authority under
FPA Section 301 and NGA Section 8 to obtain the books and records of
regulated companies and any person that controls or is controlled by
such companies if relevant to jurisdictional activities.
    FERC Form 60. Form No. 60 is an annual reporting requirement under
18 CFR 366.23 for centralized service companies. The report is designed
to collect financial information (including balance sheet, assets,
liabilities, billing and charges for associated and non-associated
companies) from centralized service companies subject to the
jurisdiction of the FERC. Unless the holding company system is exempted
or granted a waiver by Commission rule or order pursuant to 18 CFR
366.3 and 366.4, every centralized service company in a holding company
system must prepare and file electronically with the FERC the Form No.
60, pursuant to the General Instructions in the form.
    FERC-61. FERC-61 is a filing requirement for service companies in
holding company systems (including special purpose companies) that are
currently exempt or granted a waiver of FERC's regulations and would
not have to file FERC Form 60. Instead, those service companies are
required to file, on an annual basis, a narrative description of the
service company's functions during the prior calendar year (FERC-61).
In complying, a holding company may make a single filing on behalf of
all of its service company subsidiaries.
    FERC-555A. FERC prescribed a mandated preservation of records
requirement for holding companies and service companies (unless
otherwise exempted by FERC). This requires them to maintain and make
available to FERC their books and records. The preservation of records
requirement

provides for uniform records retention by holding companies and
centralized service companies subject to PUHCA 2005.
    Data from the FERC Form 60, FERC-61, and FERC-555A provide a level
of transparency that: (1) Helps protect ratepayers from pass-through of
improper service company costs, (2) enables FERC to review and
determine cost allocations (among holding company members) for certain
non-power goods and services, (3) aids FERC in meeting its oversight
and market monitoring obligations, and (4) benefits the public, both as
ratepayers and investors. In addition, the records are used by the
FERC's audit staff during compliance reviews and special analyses.
    If data from the FERC Form 60, FERC-61, and FERC-555A were not
available, FERC would not be able to meet its statutory
responsibilities, under EPAct 1992, EPAct of 2005, and PUHCA 2005, and
FERC would not have all of the regulatory mechanisms necessary to
ensure customer protection.

ACTION: The Commission is requesting a three-year extension of the
current FERC Form 60, FERC-61, and FERC-555A requirements, with no
changes.
    Burden Statement: The estimated, average annual public reporting
burden \2\ follows.
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    \2\ Employees work an average of 2,080 hours per year and cost
an estimated $128,297 per year. The average hourly cost is
$61.68125/hour [($128,297/year)/(2080 hours/year)].

----------------------------------------------------------------------------------------------------------------
                                                                                Total annual
                                                   Annual no. of  Average no. of  Average burden   burden hours
           FERC information collection              respondents    responses per     hours per      (1) x (2) x
                                                        (1)       respondent (2)   response (3)         (3)
----------------------------------------------------------------------------------------------------------------
FERC Form 60....................................              34               1          32.718           1,112
FERC-61.........................................              22               1            .500              11
FERC-555A.......................................             100               1       1,080.000         108,000
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    Totals......................................  ..............  ..............  ..............         109,123
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[Note: The figures may not be exact, due to rounding.]

    The total estimated annual cost burdens to respondents follow.

----------------------------------------------------------------------------------------------------------------
                                               Annual burden                                   Total annual cost
        FERC information collection              (Hrs.) (1)     Average cost ($) per hour (2)    ($) (1) x (2)
----------------------------------------------------------------------------------------------------------------
FERC Form 60 \2\...........................              1,112  $61.68125/hour...............         $68,589.55
FERC-61 \2\................................                 11  $61.68125/hour...............            $678.49
FERC-555A \3\..............................            108,000  .............................  $1,912,341.25 \3\
                                            --------------------------------------------------------------------
    Totals.................................  .................  .............................      $1,981,609.29
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    \3\ Based on an estimated 120 cubic feet of paper records per
respondent, the total estimated annual cost to all respondents is
$1,912,341.25 [$1,836,000 (for staffing), plus $76,341.25 (for
storage)]. However, the storage of paper (and related record
retention and access) is more expensive than electronic storage, so
savings are accomplished when documents are stored electronically
(e.g., by using on-line electronic storage or removable storage
media like CD-ROM or thumb drives). It would appear that these
records are likely stored electronically, so the estimated cost
($1,912,341.25) of storage for paper only is the worst case
estimate.
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    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) adjusting the existing ways
to comply with any previously applicable instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting, or otherwise disclosing the
information.
    The estimates of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information will have
practical utility; (2) the accuracy of the agency's estimates of the
burden of the proposed collections of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information to be collected;
and (4) ways to minimize the burdens of the collections of information
on those who are to respond, including the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g. permitting
electronic submission of responses.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-24912 Filed 10-15-09; 8:45 am]

BILLING CODE 6717-01-P


                  ICR No. 2261.03; OMB Control No. 2070-0171

                                 ATTACHMENT B                                                        DfE Formulator Program:  Product Information Form                                                                                OMB Control No. 2070-0171                         Approval expires 05/31/2014

The public reporting and recordkeeping burden for this collection of information is estimated to average 10 hours per response, including the time for reviewing instructions, gathering information, posting information to the internet, and reviewing and completing the application.  Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.  Include the OMB control number in any correspondence.  Do not send the completed application to this address.

Safer Detergents  Stewardship Initiative Instructions for Application Form

EPA developed the Safer Detergents Stewardship Initiative (SDSI) to recognize environmental leaders who voluntarily commit to the use of safer surfactants.  Leading product manufacturers have made great progress in developing safer, highly effective cleaners.  These manufacturers believe that producing the safest products possible is important to their role as stewards of the environment and public health.  A number of U.S. corporations have acted in advance of SDSI to use safer surfactants in their entire product lines.

Safer surfactants are surfactants that break down quickly to non-polluting compounds. DfE's Safer Chemical Ingredients List contains surfactants that meet DfE's criteria for safer chemicals (http://www.epa.gov/dfe/saferingredients.htm). CleanGredients is also a resource for information on safer surfactants (www.cleangredients.org).

To be eligible for recognition under SDSI, candidates should do the following:    o Complete this application and have it signed by a company authority (e.g., CEO or vice president for health and environment).    o Post a statement on their website describing the actions that qualify them for recognition under SDSI.

EPA reserves the right to request at any time, on a confidential basis, appropriate documentation (including but not limited to bills of lading, invoices, material safety data sheets, and list of ingredients) to confirm that candidates have achieved the appropriate criteria for recognition.  If documentation is requested but not received within a reasonable time, EPA may deny or withdraw recognition from that candidate. There are two categories for recognition under SDSI: Champion and Partner.         # Champion is the highest level of recognition offered under SDSI.  At this level, the participant is listed on the EPA SDSI website as a champion and may use a special logo in their literature to help explain their participation in the program.        # The Partner category provides recognition of significant accomplishment towards the use of safer surfactants.  Partners will be listed on the EPA SDSI website and may be granted recognition as a Champion in the future, if appropriate. Partner recognition will sunset on the commitment date provided in Section 3 of the Application.

Guidelines for achieving Champion or Partner Status are provided in Table 1. Both Champions and Partners will receive a certificate of recognition from DfE.

Application Process: The application is available online and may be filled out and submitted in hard copy by mail or scanned and emailed to<EMAIL_ADDRESS>Unless you claim information as confidential, all applications received will be considered public information and no materials submitted will be returned. For security purposes, confidential information should not be submitted electronically.  If you choose to send the application electronically, the application and signed signature page must be scanned and sent to<EMAIL_ADDRESS> If you choose to submit a hard copy application, send your completed application via regular / certified mail or overnight mail to the following address:

Safer Detergent Stewardship Initiative  Attn: Laura Romano 4550 Montgomery Avenue, Suite 800 North Bethesda, MD 20814-5341 301-347-5289

Confirmation of Receipt: EPA will confirm receipt of applications, usually by email. If you have not received an acknowledgment within two weeks of sending your applications, please contact David Difiore at<EMAIL_ADDRESS>or<PHONE_NUMBER>

Notification:  Winners will be notified prior to the official public announcement.  Awards will be presented to the primary sponsor of the application.

Questions: Questions about eligibility, nomination procedures, or the Safer Detergent Stewardship Initiative should be directed to David Difiore of EPA's Design for the Environment Program at<EMAIL_ADDRESS>or<PHONE_NUMBER>

Paperwork Burden Estimate

The public reporting and recordkeeping burden for this collection of information is estimated to average 10 hours per response, including the time for reviewing instructions, gathering information, posting information to the internet, and reviewing and completing the application.  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 this collection is 2070-0171. Approval expires on 05/31/2014.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.  Include the OMB control number in any correspondence.  Do not send the completed application to this address.

Participant Type                       Table 1:  Guidelines for Achieving:

                                Champion Status                                 Partner Status Chemical Manufacturers # Demonstrate that you only manufacture safer surfactants # Document a strategy for ensuring that you manufacture only safer surfactants # Commit to manufacturing only safer surfactants by a date that is reasonable for your circumstances # Document a strategy for ensuring that you will manufacture only safer surfactants

Formulators # Demonstrate that you only use safer surfactants in products # Document a strategy for ensuring that only safer surfactants are used in products # Commit to using only safer surfactants in your products by a date that is reasonable for your circumstances # Document a strategy for ensuring that only safer surfactants will be used in products

Retailers / Distributors # Demonstrate that only safer surfactants are included in products intended for sale # Document a strategy for ensuring that only safer surfactants are included in products intended for sale # Commit to sell only products containing safer surfactants by a date that is reasonable for your circumstances  # Document your active encouragement of the use of safer surfactants

Institutional Purchasers # Demonstrate that you only purchase products containing safer surfactants # Document a strategy for ensuring that purchased products only contain safer surfactants # Commit to only use products that only contain safer surfactants by a date that is reasonable for your circumstances # Document your active encouragement of the use of safer surfactants Others (e.g., non-profits, unions, academia) # Demonstrate outstanding efforts to encourage the use of safer surfactants # Document your active encouragement of the use of safer surfactants

Additional notes about Table 1 guidelines: # DfE's Safer Chemical Ingredients List and CleanGredients(TM) are resources for information on safer surfactants. # Products include those whose use routinely results in their discharge to the environment (e.g., all-purpose cleaners, laundry detergents, pesticides, airplane de-icers, fire-fighting foams and gels). # An example of a strategy is a letter that is sent to suppliers requiring them to provide products with only safer surfactants. The retailer/distributor or institutional purchaser will not be eligible for Champion recognition until only safer surfactants are sold or purchased. # Examples of efforts that would qualify include developing means for surfactant users to identify safer surfactants, taking action to educate industry or the public about safer surfactants, and encouraging business to move toward safer surfactants.  Safer Detergents Stewardship Initiative       	                  OMB No. 2070-0171

SECTION 1a: Enter requested information for the authorized representative

Organization Name

Contact Name

Address

Address

Phone Fax

Email

Website

SECTION 1b: Indicate your type of organization

Chemical Manufacturer  -  Manufactures surfactants

Formulator  -  Purchases and blends chemicals (including surfactants) to create an end-use product for retailers and/or distributors

Retailer / Distributor  -  Sells products containing surfactants

Institutional Purchaser  -  Purchases or specifies cleaning products for use in multiple facilities (e.g., janitorial service provider)

Other  -  Influences use of surfactants (e.g., non-profit, trade association, academia)

SECTION 1c:   Indicate the level of recognition for which you are applying (refer to the instructions for a description of Champion and Partner status for each organization type)

Champion (go to Section 2)

Partner (go to Section 3)

                                             Safer Detergents Stewardship Initiative       	                  Page 2 of 5

SECTION 2: Fill out this section if you are applying for recognition as a Champion

If you are a... Demonstrate in SECTION 2a that... And then go to...

Chemical Manufacturer You only manufacture safer surfactants Section 2b

Formulator You only use safer surfactants in products Section 2b

Retailer / Distributor Only safer surfactants are included in products intended for sale Section 2c

Institutional Purchasers All the products you purchase contain only safer surfactants Section 2c

Other You have made outstanding efforts to encourage the use of safer surfactants Go to Section 4

SECTION 2a: Use this space to explain how you meet the above requirements. Please include supporting documents when appropriate and note these documents in your statement. You may attach extra sheets as needed.

To be eligible for recognition, candidates should post a statement on their website stating that they manufacture, use, or purchase products containing only safer surfactants.  Use this space to provide the URL for that section of your website describing the actions that qualify you for recognition:

            Safer Detergents Stewardship Initiative       	                  Page 3 of 5

SECTION 2b (Chemical Manufacturers and Formulators only): Indicate or describe your product stewardship strategy for ensuring the manufacture or use of safer surfactants

 Use DfE's Safer Chemical Ingredients List or CleanGredients(TM) to choose surfactants

 Other, please describe:

SECTION 2c (Retailers/ Distributors and Institutional Purchasers only): Document your strategy for ensuring that all of your purchased products contain only safer surfactants. You may attach extra sheets as needed.* If you are a... Document a strategy for ensuring that...

Retailer / Distributor Only safer surfactants are included in products intended for sale

Institutional Purchaser Purchased products contain only safer surfactants

* An example of a strategy would be the establishment of a policy that requires suppliers to provide products that contain only safer surfactants. This strategy may be evidenced by a letter that is sent to suppliers requiring them to provide products with only safer surfactants, or a comparable statement posted on a company's website.  The retailer / distributor will not be eligible for Champion recognition until it sells products with only safer surfactants.                                              Safer Detergents Stewardship Initiative       	                  Page 4 of 5

SECTION 3: Fill out this section if you are applying for recognition as a Partner

If you are a... Document in SECTION 3a your commitment to...

Chemical Manufacturer Produce only safer surfactants

Formulator Use only safer surfactants in your products

Retailer / Distributor Only sell products that only contain safer surfactants

Institutional Purchasers Only purchase products that only contain safer surfactants

Other (e.g., trade association, NGO, etc.) encouragement of safer surfactants

SECTION 3a: Use this space to describe how you meet the above requirements.*

To be eligible for recognition, candidates should post a statement on their website stating their commitment to completely transitioning to safer surfactants.  Use this space to provide the URL for that section of your website describing the actions that qualify you for recognition:

* You should describe your commitment to a complete transition to safer surfactants by a date that is reasonable for your circumstances. Please state this date explicitly and explain briefly why it is a reasonable date for your circumstances. Include supporting materials when appropriate and note these materials in your statement. You may attach extra sheets as needed.

                                        Safer Detergents Stewardship Initiative       	                 Page 5 of 5

SECTION 4: Certification of Application Please have the appropriate company authority (e.g., CEO, vice president for health and environment, division head, or other authorized signatory) sign here to verify the accuracy of the application's content.

Signature of Authorizing Entity Date Printed Name and Title Date

I hereby affirm that the contents of this application are true and accurate to the best of my knowledge, and that I am an authorized representative of the company or organization named above and am duly authorized to sign this application.


[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Proposed Rules]
[Pages 50336-50339]
[FR Doc No: 2019-20761]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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

Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0700; Product Identifier 2019-NM-105-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2018-19-25 and AD 2014-03-12, which apply to all Dassault Aviation
Model FALCON 2000 airplanes. Those ADs require revising the maintenance
or inspection program, as applicable, to incorporate new maintenance
requirements and airworthiness limitations. Since the FAA issued AD
2018-19-25, the FAA has determined that new or more restrictive
airworthiness limitations are necessary. This proposed AD would require
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by November
12, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Dassault
Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South
Hackensack, NJ 07606; telephone<PHONE_NUMBER>; internet http://www.dassaultfalcon.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0700; 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 NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0700;
Product Identifier 2019-NM-105-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. The
FAA will consider all comments received by the closing date and may
amend this proposed AD based on those comments.
    The FAA will post all comments, without change, to http://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this proposed AD.

Discussion

    The FAA issued AD 2018-19-25, Amendment 39-19426 (83 FR 48924,
September 28, 2018) (``AD 2018-19-25''), for all Dassault Aviation
Model FALCON 2000 airplanes. AD 2018-19-25 requires revising the
maintenance or inspection program, as applicable, to incorporate new
maintenance requirements and airworthiness limitations. AD 2018-19-25
resulted from a determination that new or more restrictive
airworthiness limitations are necessary. The FAA issued AD 2018-19-25
to address reduced controllability of the airplane. AD 2018-19-25
specified that accomplishing the actions required by that AD would
terminate the requirements of AD 2014-03-12, Amendment 39-17749 (79 FR
11693, March 3, 2014) (``AD 2014-03-12''); however, AD 2014-03-12 was
not superseded by that AD.

Actions Since AD 2018-19-25 Was Issued

    Since the FAA issued AD 2018-19-25, the FAA has determined that new
or more restrictive airworthiness limitations are necessary.
    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2019-0131, dated June 11, 2019 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Dassault Aviation Model FALCON 2000
airplanes. The MCAI states:

    The airworthiness limitations for Falcon 2000 aeroplanes, which
are approved by EASA, are currently defined and published in
Dassault Falcon 2000 AMM [Aircraft Maintenance Manual], Chapter 5-
40. These instructions have been identified as mandatory for
continued airworthiness.
    Failure to accomplish these instructions could result in an
unsafe condition.
    EASA previously issued AD 2017-0236 [which corresponds to FAA AD
2018-19-25], requiring the actions described in Dassault Falcon 2000
AMM Chapter 5-40 (DGT 113876) at Revision 18.
    Since that [EASA] AD was issued, Dassault published Revisions 19
and 20 of Dassault Falcon 2000 AMM Chapter 5-40 (DGT 113876).
Revision 20 contains new and/or more restrictive maintenance tasks.

    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2017-0236, which is superseded, and requires
accomplishment of the actions specified in the [Airworthiness
Limitations Section] ALS, as defined in this [EASA] AD.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0700.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Chapter 5-40, Airworthiness
Limitations, Revision 20, dated November 2018, of the Dassault Aviation
Falcon 2000 Maintenance Manual. This service information describes
airworthiness limitations for safe life limits.
    This proposed AD would also require Chapter 5-40, Airworthiness
Limitations, DGT 113876, Revision 19, dated November 2017, of the
Dassault Falcon 2000 Maintenance Manual, which the Director of the
Federal Register approved for incorporation by reference as of November
2, 2018 (83 FR 48924, September 28, 2018).
    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.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would retain all requirements of AD 2018-19-25.
This proposed AD would also require revising the existing maintenance
or inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(l)(1) of this proposed AD.

Differences Between This Proposed AD and the MCAI or Service
Information

    The MCAI specifies that if there are findings from the
airworthiness limitations section (ALS) inspection tasks, corrective
actions must be accomplished in accordance with Dassault Aviation
maintenance documentation. However, this proposed AD does not include
that requirement. Operators of U.S.-registered airplanes are required
by general airworthiness and operational regulations to perform
maintenance using methods that are acceptable to the FAA. The FAA
considers those methods to be adequate to address any corrective
actions necessitated by the findings of ALS inspections required by
this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 200 airplanes of
U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2018-19-25 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
FAA recognizes that this number may vary from operator to operator. In
the past, the FAA has estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), the FAA has determined that a per-
operator estimate is more accurate than a per-airplane estimate.
    The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).

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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:

0
a. removing Airworthiness Directive (AD) 2014-03-12, Amendment 39-17749
(79 FR 11693, March 3, 2014); and AD 2018-19-25, Amendment 39-19426 (83
FR 48924, September 28, 2018); and
0
b. adding the following new AD:

Dassault Aviation: Docket No. FAA-2019-0700; Product Identifier
2019-NM-105-AD.

(a) Comments Due Date

    The FAA must receive comments by November 12, 2019.

(b) Affected ADs

    (1) This AD replaces AD 2014-03-12, Amendment 39-17749 (79 FR
11693, March 3, 2014) (``AD 2014-03-12''); and AD 2018-19-25,
Amendment 39-19426 (83 FR 48924, September 28, 2018) (``AD 2018-19-
25'').
    (2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR
79952, December 21, 2010) (``AD 2010-26-05'').

(c) Applicability

    This AD applies to all Dassault Aviation Model FALCON 2000
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address reduced controllability of the airplane.

(f) Compliance

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

(g) Retained Revision, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2018-19-25, with no changes. Within 90 days after November 2, 2018
(the effective date of AD 2018-19-25), revise the maintenance or
inspection program, as applicable, to incorporate the information
specified in Chapter 5-40, Airworthiness Limitations, DGT 113876,
Revision 19, dated November 2017, of the Dassault Falcon 2000
Maintenance Manual. The initial compliance times for doing the tasks
are at the time specified in Chapter 5-40, Airworthiness
Limitations, DGT 113876, Revision 19, dated November 2017, of the
Dassault Falcon 2000 Maintenance Manual, or within 90 days after
November 2, 2018 (the effective date of AD 2018-19-25), whichever
occurs later; except as required by paragraphs (g)(1) through (g)(3)
of this AD. The term ``LDG'' in the ``First Inspection'' column of
any table in Chapter 5-40, Airworthiness Limitations, DGT 113876,
Revision 19, dated November 2017, of the Dassault Falcon 2000
Maintenance Manual, means total airplane landings. The term ``FH''
in the ``First Inspection'' column of any table in Chapter 5-40,
Airworthiness Limitations, DGT 113876, Revision 19, dated November
2017, of the Dassault Falcon 2000 Maintenance Manual, means total
flight hours. The term ``FC'' in the ``First Inspection'' column of
any table in Chapter 5-40, Airworthiness Limitations, DGT 113876,
Revision 19, dated November 2017, of the Dassault Falcon 2000
Maintenance Manual, means total flight cycles.
    (1) For Task 30-11-09-350-801 identified in the service
information specified in the introductory text of paragraph (g) of
this AD, the initial compliance time is the later of the times
specified in paragraphs (g)(1)(i) and (g)(1)(ii) of this AD.
    (i) At the earlier of the times specified in paragraphs
(g)(1)(i)(A) and (g)(1)(i)(B) of this AD.
    (A) Prior to the accumulation of 2,400 total flight hours or
2,000 total flight cycles, whichever occurs first.
    (B) Within 2,400 flight hours or 2,000 flight cycles after April
7, 2014 (the effective date of AD 2014-03-12), whichever occurs
first.
    (ii) Within 30 days after April 7, 2014 (the effective date of
AD 2014-03-12).
    (2) For Task 52-20-00-610-801-01 identified in the service
information specified in the introductory text of paragraph (g) of
this AD, the initial compliance time is within 24 months after April
7, 2014 (the effective date of AD 2014-03-12).
    (3) The limited service life of part number F2MA721512100 is
3,750 total flight cycles on the part or 6 years since the
manufacturing date of the part, whichever occurs first.

(h) Retained No Alternative Actions or Intervals With a New Exception

    This paragraph restates the requirements of paragraph (h) of AD
2018-19-25, with a new exception. Except as required by paragraph
(i) of this AD: After the maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), or intervals, may be used unless the
actions, or intervals, are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (l)(1) of this AD.

(i) New Requirement of This AD: Maintenance or Inspection Program
Revision

    Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Chapter 5-40, Airworthiness
Limitations, Revision 20, dated November 2018, of the Dassault
Aviation Falcon 2000 Maintenance Manual. The initial compliance time
for doing the tasks is at the time specified in Chapter 5-40,
Airworthiness Limitations, Revision 20, dated November 2018, of the
Dassault Aviation Falcon 2000 Maintenance Manual, or within 90 days
after the effective date of this AD, whichever occurs later, except
as required by paragraphs (i)(1) through (3) of this AD. The term
``LDG'' in the ``First Inspection'' column of any table in the
service information specified in this paragraph means total airplane
landings. The term ``FH'' in the ``First Inspection'' column of any
table in the service information specified in this paragraph means
total flight hours. The term ``FC'' in the ``First Inspection''
column of any table in the service information specified in this
paragraph means total flight cycles. The term ``M'' in the ``First
Inspection'' column of any table in the service information
specified in this paragraph means months since date of issuance of
the original airworthiness certificate or original export
certificate of airworthiness. Accomplishing the actions required by
this paragraph terminates all requirements of paragraph (g) of this
AD.
    (1) For Task 30-11-09-350-801 identified in the service
information specified in the introductory text of paragraph (i) of
this AD, the initial compliance time is the later of the times
specified in paragraphs (i)(1)(i) and (ii) of this AD.
    (i) At the earlier of the times specified in paragraphs
(i)(1)(i)(A) and (B) of this AD.
    (A) Prior to the accumulation of 2,400 total flight hours or
2,000 total flight cycles, whichever occurs first.
    (B) Within 2,400 flight hours or 2,000 flight cycles after April
7, 2014 (the effective date of AD 2014-03-12), whichever occurs
first.
    (ii) Within 30 days after April 7, 2014 (the effective date of
AD 2014-03-12).
    (2) For Task 52-20-00-610-801-01 identified in the service
information specified in the introductory text of paragraph (i) of
this AD, the initial compliance time is within 24 months after April
7, 2014 (the effective date of AD 2014-03-12).
    (3) The limited service life of part number F2MA721512100 is
3,750 total flight cycles on the part or 6 years since the
manufacturing date of the part, whichever occurs first.

(j) New No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (i) of this AD, no alternative actions (e.g.,
inspections) or intervals may be used unless the actions or
intervals are approved as an AMOC in accordance with the procedures
specified in paragraph (l)(1) of this AD.

(k) Terminating Action for Certain Actions in AD 2010-26-05

    Accomplishing the actions required by paragraph (g) of this AD
or paragraph (i) of this AD terminates the requirements of paragraph
(g) of AD 2010-26-05 for all Dassault Aviation Model FALCON 2000
airplanes.

(l) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 International Section, send it to the attention of
the person identified in paragraph (m)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>

    (i) 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.
    (ii) AMOCs approved previously for AD 2018-19-25, Amendment 39-
19426 (83 FR 48924, September 28, 2018), are approved as AMOCs for
the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Section, Transport Standards
Branch, FAA; or the European Union Aviation Safety Agency (EASA); or
Dassault Aviation's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2019-0131, dated June 11 2019, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0700.
    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000,
South Hackensack, NJ 07606; telephone<PHONE_NUMBER>; internet http://www.dassaultfalcon.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on September 19, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-20761 Filed 9-24-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 14, 2005 (Volume 70, Number 239)]
[Notices]
[Page 74078-74080]
[DOCID:fr14de05-116]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52911; File No. SR-PCX-2005-129]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by the Pacific Exchange, Inc. and
Amendment No. 1 Thereto Relating to the Approval of Securities That
Underlie Options Traded on the Exchange

December 7, 2005.
    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 November 23, 2005, the Pacific Exchange, Inc. (``PCX'' 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 self-regulatory
organization. On December 7, 2005, PCX filed Amendment No. 1 to the
proposed rule change.\3\ PCX filed the proposed rule change pursuant to
Section 19(b)(3)(A) of the Act,\4\ and Rule 19b-4(f)(6) thereunder,\5\
which renders the proposal, as amended, effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Form 19b-4 dated December 7, 2005 which replaced the
original filing in its entirety (``Amendment No. 1''). Amendment No.
1 made clarifying changes and corrected typographical errors in the
original filing.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes changes to PCX rules pertaining to the
approval of securities that underlie options traded on the Exchange.
Specifically, the Exchange proposes to eliminate Rule 5.6(b)(5) and
amend Rule 5.6(b)(6) and Rule 5.3(b). A copy of the proposed rule
change is available on the PCX Web site, (http://www.pacificex.com), at the

PCX's Office of the Secretary 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 self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections A, B and C below, of the
most significant aspects of such statements.

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

1. Purpose
    The purpose of this Amendment No. 1 is to make clarifying changes
and correct typographical errors in the original filing. This Amendment
No. 1 replaces the original rule filing in its entirety. The Exchange
proposes changes to PCX rules pertaining to the approval of securities
that underlie options traded on the Exchange. Specifically, the
Exchange proposes to eliminate Rule 5.6(b)(5) and amend Rule 5.6(b)(6)
and Rule 5.3(b).
    PCX Rule 5.6(b) sets forth various situations under which an
underlying security previously approved for options trading will in
usual circumstances be deemed to no longer meet Exchange requirements
for the continuance of such approval. In such circumstances, Rule
5.6(b)(5) provides that the Exchange will not open for trading any
additional series of options in that class and may also limit any new
opening transactions in those options series that have already been
opened. The Exchange proposes to eliminate this provision because (1)
it limits investors' ability to use options to hedge existing

equity positions in such securities, and (2) it is not necessary in the
context of the rest of Rule 5.6(b).
    First, Rule PCX 5.6(b)(5) can and does impact investors' interests
by preventing them from using new options series to hedge positions
that may hold in the underlying security of companies that fail to make
timely reports required by the Act. The Exchange states that such a
restriction is inconsistent with the rules and regulations in the
markets for the underlying securities because no similar trading
restriction is placed upon the trading of the underlying security
itself. Thus, Rule 5.6(b)(5) only serves to limit the abilities of
shareholders in such companies who may wish to hedge their positions
with new options series, at a time when the ability to hedge may be
particularly important.
    The PCX believes that Rule 5.6(b)(5) has outlived any usefulness
and now serves to unnecessarily burden and confuse the investing
public. This provision was appropriate when it was first implemented
when the listing and trading of standardized options was still in its
infancy and information pertaining to public companies was not readily
available to the general investing public. The Exchange believes that
today's listed options market, however, is a mature one with investors
who have access to a significant amount of real-time market information
to assist them in making informed investment decisions, including
information as to whether companies have timely filed reports as
required by the Act, and if not, why not. Therefore, the Exchange
states that there is no reason to continue limiting investors' ability
to trade in options classes, including new series within those classes,
simply because a company is not timely in filing its reports. The
Exchange further believes that this restriction is further misplaced,
considering that investors are not similarly restricted from buying or
selling shares of the underlying security in the equity markets.
    Moreover, the Exchange believes that Rule 5.6(b)(5) limits an
investor's ability to hedge his underlying stock positions at a time
when he may be in most need to protect his investment. The failure of a
public company to comply with its reporting requirements under the Act
could cause a significant movement in the price of that company's
stock. Restricting the Exchange from opening new options series may
leave investors without means to hedge their positions with options
contracts at strike prices that more accurately reflect the
contemporaneous price trends of the underlying stock.
    Clearly, new options series on a security should not be permitted
to be opened if the underlying security ceases to be an NMS stock.
Typically, the Exchange becomes aware of issues that may impact the
continued listing of a security well before that security is delisted
from its primary market. Exchange staff routinely monitors daily press
releases and informational releases disseminated by various entities,
such as, the primary listing market of a security and private news
services, in an effort to monitor the activities and news items
pertaining to the issuers of securities that underlie options traded on
the Exchange. In many cases, when an issuer fails to comply with its
reporting requirements under the Act, the issuer is given a substantial
amount of time to cure this deficiency before the primary listing
market actually delists the issuer's security. Many times, the issuer
is able to comply without its security ever being delisted. During this
period, PCX staff continually monitors the status of the issuer's
compliance with its reporting requirements to determine whether the
security may be delisted. Finally, the primary listing market typically
issues a press release well in advance of delisting an issuer's
security to give investors and other market participants adequate
notice.
    Given the availability of data and information relating to public
issuers of securities in today's markets, and in light of the extensive
amount of additional continued listing standards under Rule 5.6(b),
waiting until a security is actually delisted by its primary listing
market is the appropriate point at which to restrict the issuance of
new options series in an options class. Accordingly, the Exchange
hereby proposes to eliminate PCX Rule 5.6(b)(5).
    Additionally, as a matter of ``housekeeping,'' the Exchange also
proposes to clarify Exchange Rule 5.3(b) and Rule 5.6(b)(6), which
govern the criteria for the initial and continued listing of options on
a particular security, respectively. Both of these provisions include
as part of the criteria, a requirement that the underlying security
must be a national market system security (``NMS security''). As part
of the recently adopted Regulation NMS, among other things, the
Commission revised the definition of an NMS security.\6\ Specifically,
Rule 600(b)(46) under Regulation NMS defines an NMS security as ``any
security or class of securities for which transaction reports are
collected, processed, and made available pursuant to an effective
transaction reporting plan, or an effective national market system plan
for reporting transactions in listed options.'' Rule 600(b)(47) also
defines an ``NMS stock'' as any NMS security other than an option. As
such, PCX Rule 5.3(b) and Rule 5.6(b)(5) will be amended to reflect
these new terms.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 51808 (June 9,
2005); 70 FR 37496 (June 29, 2005).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b)\7\ of the Act, in general, and furthers the
objectives of Section 6(b)(5),\8\ in particular, in that it is designed
to facilitate transactions in securities, to promote just and equitable
principles of trade, to enhance competition, and to protect investors
and the public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    Written comments on the proposed rule change were neither solicited
nor received.

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

    The Exchange has designated the proposed rule change as one that:
(i) Does not significantly affect the protection of investors or the
public interest; (ii) does not impose any significant burden on
competition; and (iii) does not become operative for 30 days from the
date on which it was filed, or such shorter time as the Commission may
designate. Therefore, the foregoing rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6)
thereunder.\10\ At any time within 60 days after the filing of the
proposed rule change, the Commission may summarily abrogate the rule
change if it appears to the Commission 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).

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

    Pursuant to Rule 19b-4(f)(6)(iii) under the Act,\11\ the proposal
does not become operative for 30 days after the date of its filing, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest. The PCX has asked
the Commission to waive the 30-day operative delay and the five day
pre-filing notice requirement. Because the proposed rule change is
based upon a recently approved rule change by the Chicago Board Options
Exchange, Incorporated (``CBOE''),\12\ and the CBOE's proposed rule
change was published for public notice and comment, the Commission
believes that waiving the 30-day operative delay, as well as the five
day pre-filing notice requirement, is consistent with the protection of
investors and the public interest. Accordingly, the Commission
designates the proposal to be effective and operative upon filing with
the Commission.\13\
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ See Securities Exchange Act Release Nos. 52562 (October 4,
2005), 70 FR 59382 (October 12, 2005) (notice for SR-CBOE-2004-37)
and 52779 (November 16, 2005), 70 FR 70902 (November 23, 2005)
(approval order for SR-CBOE-2004-37).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

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

File Number SR-PCX-2005-129 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-9303.

All submissions should refer to File Number SR-PCX-2005-129. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-PCX-2005-129 and should be submitted on or before
January 4, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
[FR Doc. E5-7328 Filed 12-13-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Notices]
[Page 66013]
[FR Doc No: 2016-22990]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9029-2]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EISs)
Filed 09/12/2016 Through 09/16/2016
Pursuant to 40 CFR 1506.9.

    Notice: Section 309(a) of the Clean Air Act requires that EPA make
public its comments on EISs issued by other Federal agencies. EPA's
comment letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20160211, Final, USAF, GU, Divert Activities and Exercises,
Commonwealth of the Northern Mariana Islands, Review Period Ends: 10/
24/2016, Contact: Mark Petersen<PHONE_NUMBER>.
EIS No. 20160212, Draft, FERC, VA, Mountain Valley Project and
Equitrans Expansion Project, Comment Period Ends: 12/22/2016, Contact:
Paul Friedman<PHONE_NUMBER>.

    Dated: September 19, 2016.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2016-22990 Filed 9-22-16; 8:45 am]
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[Federal Register: September 22, 2010 (Volume 75, Number 183)]
[Notices]
[Page 57769-57770]
[DOCID:fr22se10-65]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2003-0019; FRL-9204-6]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Clean Watersheds Needs Survey
(Renewal); EPA ICR No. 0318.12, OMB Control No. 2040-0050

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before October 22,
2010.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2003-0019, to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Water Docket, 1200
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to:
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Michael Plastino, Municipal Support
Division, Office of Wastewater Management, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; phone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 26, 2010 (75 FR 29532), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2003-0019, which is available for online viewing at
http://

www.regulations.gov, or in person viewing at the Water Docket in the
EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8 a.m. to 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 Water Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov. as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: Clean Watersheds Needs Survey (Renewal).
    ICR numbers: EPA ICR No. 0318.12, OMB Control No. 2040-0050.
    ICR Status: This ICR is scheduled to expire on January 31, 2011.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
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 numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The Clean Watersheds Needs Survey (CWNS) is required by
Clean Water Act (CWA) Sections 205(a) and 516. It is a periodic
inventory of existing and projected publicly owned wastewater treatment
works (POTWs) and other water pollution control facilities in the
United States, as well as an estimate of how many POTWs need to be
built. The CWNS is a joint effort of EPA and the States. The Survey
records cost and technical data associated with POTWs and other water
pollution control facilities, existing and projected, in the United
States. The State respondents who provide this information to EPA are
State agencies responsible for environmental pollution control. No
confidential information is used, nor is sensitive information
protected from release under the Public Information Act. EPA achieves
national consistency in the final results through the application of
uniform guidelines and validation techniques.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 1.55
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 purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; 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.
    Respondents/Affected Entities: 56 States (States, District of
Columbia, U.S. Territories) and 5,124 Local Facilities.
    Estimated Number of Respondents: 5,180.
    Frequency of Response: Every 4 years.
    Estimated Total Annual Hour Burden: 9,115.
    Estimated Total Annual Cost: $371,066, includes $0 annualized
capital or O&M costs.
    Changes in the Estimates: There is an increase of 308 hours in the
total estimated respondent burden compared with that identified in the
ICR currently approved by OMB. This is the net result of a decrease of
52 state burden hours combined with an increase of 360 hours in Local
Facility burden hours. Seven states will select the Gap Approach
Option, which is projected to decrease burden slightly due to the
sampling design (the greater State effort per facility is slightly more
than offset by entering data for a sampled portion of facilities rather
than for all facilities). For Local Facilities, there is an increased
number of facilities that more than offsets the burden saved by
switching from a census to a sampling approach.

    Dated: September 16, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-23695 Filed 9-21-10; 8:45 am]
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[Federal Register: September 23, 2009 (Volume 74, Number 183)]
[Notices]
[Page 48524-48525]
[DOCID:fr23se09-38]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 13212-001; 13211-001]

Kenai Hydro, L.L.C.; Notice of Intent To File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

September 16, 2009.
    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project Nos.: 13212-001 and 13211-001.
    c. Date Filed: August 6, 2009.
    d. Submitted By: Kenai Hydro, L.L.C.
    e. Name of Project: Grant Lake/Falls Creek Hydroelectric Project.
    f. Location: On Grant Lake, Grant Creek and Falls Creek on the
Kenai Peninsula, near the community of Moose Pass, Alaska. Portions of
the project would occupy Federal lands within the Chugach National
Forest, administered by the U.S. Forest Service.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 808(b)(1) and 18
CFR 5.5 of the Commission's regulations.
    h. Potential Applicant Contact: Steve Gilbert, Kenai Hydro, L.L.C.,
6921 Howard Avenue, Anchorage, AK 99504; or e-mail at<EMAIL_ADDRESS>    i. FERC Contact: Joseph Adamson at<PHONE_NUMBER>; or e-mail at
<EMAIL_ADDRESS>    j. On August 6, 2009, Kenai Hydro, L.L.C. filed its request to use
the Traditional Licensing Process and provided public notice of its
request. In a letter dated September 15, 2009, the Director, Division
of Hydropower Licensing, approved Kenai Hydro, L.L.C.'s request to use
the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and NOAA Fisheries under section
7 of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, part 402; (b) NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920; and (c) the Alaska State
Historic Preservation Officer, as required by section 106 of the
National Historic Preservation Act, and the implementing regulations of
the Advisory Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Kenai Hydro, L.L.C. as the
Commission's non-Federal representative for carrying out informal

consultation, pursuant to section 7 of the Endangered Species Act,
section 305 of the Magnuson-Stevens Fishery Conservation and Management
Act, and section 106 of the National Historic Preservation Act.
    m. Kenai Hydro, L.L.C. filed a Pre-Application Document (PAD,
including a proposed process plan and schedule) with the Commission,
pursuant to 18 CFR 5.5 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in paragraph h.
    o. Register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-22856 Filed 9-22-09; 8:45 am]

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[Federal Register Volume 87, Number 87 (Thursday, May 5, 2022)]
[Notices]
[Pages 26776-26777]
[FR Doc No: 2022-09666]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2022-0045]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number 1625-0001

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0001,
Report of Marine Casualty & Chemical Testing of Commercial Vessel
Personnel; without change. Our ICR describes the information we seek to
collect from the public. Review and comments by OIRA ensure we only
impose paperwork burdens commensurate with our performance of duties.

DATES: You may submit comments to the Coast Guard and OIRA on or before
June 6, 2022.

ADDRESSES: Comments to the Coast Guard should be submitted using the
Federal eRulemaking Portal at https://www.regulations.gov. Search for
docket number [USCG-2022-0045]. Written comments and recommendations to
OIRA for the proposed information collection should be sent within 30
days of publication of this notice to https://www.reginfo.gov/public/do/PRAMain.
    Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-6P), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave SE, Stop 7710, Washington,
DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>, for questions
on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. 3501 et seq., chapter 35, as amended. An ICR is an
application to OIRA seeking the approval, extension, or renewal of a
Coast Guard collection of information (Collection). The ICR contains
information describing the Collection's purpose, the Collection's
likely burden on the affected public, an explanation of the necessity
of the Collection, and other important information describing the
Collection. There is one ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. These comments
will help OIRA determine whether to approve the ICR referred to in this
Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2022-0045], and must be received by June 6,
2022.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments to the Coast Guard will
be posted without change to https://www.regulations.gov and will
include any personal information you have provided. For more about
privacy and submissions to the Coast Guard in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020). For more about privacy and submissions to OIRA in
response to this document, see the https://www.reginfo.gov, comment-
submission web page. OIRA posts its decisions on ICRs online at https://www.reginfo.gov/public/do/PRAMain after the comment period for each
ICR. An OMB Notice of Action on each ICR will become available via a
hyperlink in the OMB Control Number: 1625-0001.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (87 FR 5831, February 2, 2022)
required by 44 U.S.C. 3506(c)(2). That notice elicited no comments.
Accordingly, no changes have been made to the Collection.

Information Collection Request

    Title: Report of Marine Casualty & Chemical Testing of Commercial
Vessel Personnel.
    OMB Control Number: 1625-0001.
    Summary: Marine casualty information is needed for CG
investigations of commercial vessel casualties involving death, vessel
damage, etc., as mandated by Congress. Chemical testing information is
needed to improve CG detection/reduction of drug use by mariners.
    Need: Section 6101 of 46 U.S.C., as delegated by the Secretary of
Homeland Security to the Commandant, authorizes the Coast Guard to
prescribe regulations for the reporting of marine casualties involving
death, serious injury, material loss of property, material damage
affecting the seaworthiness of a vessel, or significant harm to the
environment. It also requires information on the use of alcohol be
included in a marine casualty report. Section 7503 of 46 U.S.C.
authorizes the Coast Guard to deny the issuance of licenses,
certificates of registry, and merchant mariner's documents (seaman's
papers) to users of dangerous drugs. Similarly, 46 U.S.C. 7704 requires
the Coast Guard to revoke such papers unless a holder provides
satisfactory proofs that the holder has successfully completed a
rehabilitation program acceptable to the U.S. Coast Guard and is
determined to be, by a competent substance abuse professional, free
from misuse of chemical substances and that the risk of subsequent
misuse of chemical substances is sufficiently low to justify returning
to safety-sensitive positions.
    Forms:
     CG-2692, Report of Marine Casualty, Commercial Diving
Casualty, or OCS-related Casualty;
     CG-2692A, Barge Addendum;
     CG-2692B, Report of Mandatory Chemical Testing Following a
Serious Marine Incident Involving Vessels in Commercial Service;
     CG-2692C, Personnel Casualty Addendum;
     CG-2692D, Involved Persons and Witnesses Addendum.
    Respondents: Vessel owners and operators.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has decreased from
28,597 hours to 21,525 hours a year, due to a decrease in the estimated
number of responses.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. et seq.,
chapter 35, as amended.

    Dated: April 21, 2022.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2022-09666 Filed 5-4-22; 8:45 am]
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