[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71646-71648]
[FR Doc No: 2021-27285]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1425]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Mitigation Strategies To Protect Food Against
Intentional Adulteration

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing an opportunity for public comment on the proposed collection
of certain information by the Agency. Under the Paperwork Reduction Act
of 1995 (PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on collections of information
describing mitigation strategies to protect food against intentional
adulteration.

DATES: Submit either electronic or written comments on the collection
of information by February 15, 2022.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before February 15, 2022. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of February 15, 2022. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

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-2013-N-1425 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Mitigation Strategies to Protect
Food Against Intentional Adulteration.'' Received comments, those filed
in a timely manner (see ADDRESSES), 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,<PHONE_NUMBER>.
     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.'' The Agency will
review this copy, including the claimed confidential information, in
its 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.govinfo.gov/content/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,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Rachel Showalter, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection 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 burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Mitigation Strategies To Protect Food Against Intentional
Adulteration--21 CFR Part 121

OMB Control Number 0910-0812--Extension

    This information collection supports FDA regulations. Under the
Federal Food, Drug, and Cosmetic Act (FD&C Act), as amended by the FDA
Food Safety Modernization Act (FSMA), certain provisions have been
established to protect against the intentional adulteration of food.
Section 418 of the FD&C Act (21 U.S.C. 350g) addresses intentional
adulteration in the context of facilities that manufacture, process,
pack, or hold food and are required to register under section 415 of
the FD&C Act (21 U.S.C. 350d). Section 419 of the FD&C Act (21 U.S.C.
350h) addresses intentional adulteration in the context of fruits and
vegetables that are raw agricultural commodities. Section 420 of the
FD&C Act (21 U.S.C. 350i) addresses intentional adulteration in the
context of high-risk foods and exempts farms except for farms that
produce milk. These provisions are codified at part 121 (21 CFR part
121) and include requirements that an owner, operator, or agent in
charge of a facility must:
     Prepare and implement a written food defense plan that
includes a vulnerability assessment to identify significant
vulnerabilities and actionable process steps, mitigation strategies,
and procedures for food defense monitoring, corrective actions, and
verification (Sec.  121.126 (21 CFR 121.126));
     identify any significant vulnerabilities and actionable
process steps by conducting a vulnerability assessment for each type of
food manufactured, processed, packed, or held at the facility using
appropriate methods to evaluate each point, step, or procedure in a
food operation (Sec.  121.130 (21 CFR 121.130));
     identify and implement mitigation strategies at each
actionable process step to provide assurances that the significant
vulnerability at each step will be significantly minimized or prevented
and the food manufactured, processed, packed, or held by the facility
will not be adulterated. For each mitigation strategy implemented at
each actionable process step, include a written explanation of how the
mitigation strategy sufficiently minimizes or prevents the significant
vulnerability associated with the actionable process step (Sec.
121.135 (21 CFR 121.135));
     establish and implement mitigation strategies management
components, as appropriate to ensure the proper implementation of each
such mitigation strategy, taking into account the nature of the
mitigation strategy and its role in the facility's food defense system
(21 CFR 121.138);
     establish and implement food defense monitoring
procedures, for monitoring the mitigation strategies, as appropriate to
the nature of the mitigation strategy and its role in the facility's
food defense system (Sec.  121.140 (21 CFR 121.140));
     establish and implement food defense corrective action
procedures that must be taken if mitigation strategies are not properly
implemented, as appropriate to the nature of the actionable process
step and the nature of the mitigation strategy (Sec.  121.145 (21 CFR
121.145));
     establish and implement specified food defense
verification activities, as appropriate to the nature of the mitigation
strategy and its role in the facility's food defense system (Sec.
121.150 (21 CFR 121.150));
     conduct a reanalysis of the food defense plan (21 CFR
121.157);
     ensure that all individuals who perform required food
defense activities are qualified to perform their assigned duties (21
CFR 121.4); and
     establish and maintain certain records, including the
written food defense plan (vulnerability assessment, mitigation
strategies and procedures for food defense monitoring, corrective
actions, and verification) and documentation related to training of
personnel. All records are subject to certain general recordkeeping and
record retention requirements (Sec. Sec.  121.301 through 121.330 (21
CFR 121.301 through 121.330).
    Under the regulations, an owner, operator, or agent in charge of a
facility must prepare, or have prepared, and implement a written food
defense plan, including written identification of actionable process
steps, written mitigation strategies, written procedures for defense
monitoring, written food defense corrective actions, and written food
defense verification procedures.
    The purpose of the information collection is to ensure compliance
with the provisions under part 121 related to protecting food from
intentional adulteration. The regulations are intended to address
hazards that may be

intentionally introduced to foods, including by acts of terrorism, with
the intent to cause widespread harm to public health. Under the
regulations, domestic and foreign food facilities that are required to
register under the FD&C Act are required to identify and implement
mitigation strategies to significantly minimize or prevent significant
vulnerabilities identified at actionable process steps in a food
operation.
    In an effort to reduce burden and assist respondents, FDA offers
tools and educational materials related to protecting food from
intentional adulteration, including the FDA Food Defense Plan Builder,
a user-friendly tool designed to help owners and operators of food
facilities develop a personalized food defense plan, and the Mitigation
Strategies Database, a database for the food industry providing a range
of preventative measures that firms may choose to implement. These and
other informational resources are available at https://www.fda.gov/food/food-defense/food-defense-tools-educational-materials. FDA also
offers a small entity compliance guide titled ``Mitigation Strategies
to Protect Food Against Intentional Adulteration'' (August 2017) to
inform domestic and foreign food facilities about compliance with
regulations to protect against intentional adulteration. Further, FDA
developed two draft guidance documents titled ``Mitigation Strategies
to Protect Food Against Intentional Adulteration: Draft Guidance for
Industry'' (March 2019) and ``Supplemental Draft Guidance for Industry:
Mitigation Strategies to Protect Food Against Intentional
Adulteration'' (February 2020). Once finalized, the draft guidance
documents would assist the food industry in developing and implementing
the elements of a food defense plan. These guidance documents are
available at https://www.fda.gov/food/food-defense. All Agency guidance
documents are issued in accordance with our good guidance practice
regulations in 21 CFR 10.115, which provide for public comment at any
time.
    Description of Respondents: The respondents to this information
collection are manufacturers, processors, packers, and holders of
retail food products marketed in the United States.
    We estimate the burden of the information collection as follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
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                                                                               Number of
              Activity; 21 CFR section                     Number of         responses per       Total annual     Average burden per      Total hours
                                                          respondents         respondent           responses           response
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Exemption for food from very small businesses; 21                18,080                   1              18,080    0.5 (30 minutes)               9,040
 CFR 121.5..........................................
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Certain facilities may qualify for an exemption under the
regulations. Because these facilities must provide documentation upon
request to verify their exempt status, we have characterized this as a
reporting burden.

                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
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                                                               Number of      Number of records     Total annual      Average burden
                 Activity; 21 CFR section                    recordkeepers     per recordkeeper       records       per recordkeeping     Total hours
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Food Defense Plan; Sec.   121.126........................              3,247                  1              3,247                 23             74,681
Actionable Process Steps; Sec.   121.130.................              9,759                  1              9,759                 20            195,180
Mitigation Strategies; Sec.   121.135(b).................              9,759                  1              9,759                 20            195,180
Monitoring Corrective Actions, Verification; Sec.  Sec.                9,759                  1              9,759                175          1,707,825
 121.140(a), 121.145(a)(1), and 121.150(c)...............
Training; Sec.   121.160.................................            367,203                  1            367,203  0.67 (40 minutes)            246,026
Records; Sec.  Sec.   121.305 and 121.310................              9,759                  1              9,759                 10             97,590
                                                          ----------------------------------------------------------------------------------------------
    Total................................................  .................  .................  .................  .................          2,516,482
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments other than to
increase the burden estimate by 1,224 hours due to a corrected
calculation for the estimate related to training (Sec.  121.160).

    Dated: December 10, 2021.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2021-27285 Filed 12-16-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Notices]
[Pages 13365-13366]
[FR Doc No: 2015-05685]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP15-90-000]

Texas Eastern Transmission, LP; Notice of Application

March 4, 2015.
    Take notice that on February 19, 2015, Texas Eastern Transmission,
LP (Texas Eastern), 5400 Westheimer Court, Houston, Texas 77056, filed
in the above referenced docket an application pursuant to section 7(c)
of the Natural Gas Act (NGA), and Part 157 of the Commission's
regulations requesting authorization to construct and operate the Gulf
Markets Expansion Project (Project). Specifically, the Project will
enable Texas Eastern to provide 650 MMcf/d of firm transportation
service to the Gulf Coast region of Louisiana and Texas, as well as to
provide mainline markets with the opportunity to access growing supply
basins in the Northeast, all as more fully set forth in the application
which is on file with the Commission and open to public inspection. The
filing is available for review at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site web at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions concerning this application may be directed to Bill
Hammons, P.O. Box 1396, Houston, Texas 77251, by telephone at (713)
215-2130.
    The Project consists of the construction of one new compressor
station at Provident City in Lavaca County, Texas; the installation of
a new compressor unit at an existing compression station in Opelousas,
Louisiana; and other facilities modifications. Texas Eastern proposes
rolled-in rate treatment for the Project, and to charge its existing
recourse rates for service on the Project. The cost of

the project will be approximately $149.1 million.
    Pursuant to section 157.9 of the Commission's rules (18 CFR 157.9),
within 90 days of this Notice, the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made in the proceeding with the
Commission and must mail a copy to the applicant and to every other
party. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
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 7 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    Comment Date: March 25, 2015.

Kimberly D. Bose,
Secretary.
[FR Doc. 2015-05685 Filed 3-12-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Notices]
[Pages 602-604]
[FR Doc No: 2010-33304]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63623; File No. SR-OCC-2010-19]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of Proposed Rule Change Relating to Stock Loan
Programs

December 30, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on December 16, 2010, The
Options Clearing Corporation (``OCC'') filed with the Securities and
Exchange Commission the proposed rule change as described in Items I
and II below, which Items have been prepared primarily by OCC. 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).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The proposed rule change would provide OCC's clearing members with
clarification regarding the regulatory treatment under Rule 15c3-1 \2\
of collateral and margin posted by clearing members participating in
stock loan transactions through OCC's Stock Loan/Hedge Program or
Market Loan Program.
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    \2\ 17 CFR 240.15c3-1.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, OCC 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. OCC 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

    The purpose of the proposed rule change is to provide OCC's
clearing members with clarification regarding the regulatory treatment
under Rule 15c3-1 of collateral and margin posted by clearing members
participating in stock loan transactions through OCC's Stock Loan/Hedge
Program or Market Loan Program.
1. Background
    OCC's Stock Loan/Hedge Program, provided for in Article XXI of
OCC's By-Laws and Chapter XXII of OCC's Rules, provides a means for OCC
clearing members to submit broker-to-broker stock loan transactions to
OCC for clearance. Broker-to-broker transactions are independently-
executed stock loan transactions that are negotiated directly between
two OCC clearing members. OCC's Market Loan Program, provided for in
Article XXIA of OCC's By-Laws and Chapter XXIIA of OCC's Rules,
accommodates securities loan transactions executed through electronic
trading platforms that match lenders and borrowers on an anonymous
basis.

Anonymous stock loan transactions are initiated when a lender or
borrower, which is either an OCC clearing member participating in the
Market Loan Program or a non-clearing member that has a clearing
relationship with an OCC clearing member participating in the Market
Loan Program, accepts a bid/offer displayed on a trading platform. A
clearing member participating in the Market Loan Program will be
obligated to OCC as principal with respect to transactions effected by
its customers that are non-clearing members of a trading platform.
    When a stock loan transaction is submitted to and accepted by OCC
for clearance, OCC substitutes itself as the lender to the borrower and
the borrower to the lender thus serving a function for the stock loan
market similar to the one it serves within the listed options market.
OCC guarantees the future daily market-to-market payments, which are
effected through OCC's cash settlement system, between the lending
clearing member and borrowing clearing member and guarantees the return
of the loaned stock to the lending clearing member and the collateral
to the borrowing clearing member upon close-out of the stock loan
transaction.\3\ One advantage of submitting stock loan transactions to
OCC is that the stock loan and stock borrow positions then reside in
the clearing member's options account at OCC and, to the extent that
they offset the risk of options positions carried in the same account,
may reduce the clearing member's margin requirement in the account.
OCC's risk is, in turn, reduced by having the benefit of the hedge.
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    \3\ With respect to both the Stock Loan/Hedge Program and the
Market Loan Program, the loaned securities are moved to the account
of the borrower against cash collateral (normally 102%) through the
facilities of The Depository Trust Company (``DTC''), and DTC
notifies OCC that the movement has occurred at the time the
transaction is submitted for clearance. The securities are returned
to the lender against return of the cash collateral through the same
mechanism.
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    One of the tools that OCC uses to manage its exposure to stock loan
transactions is the margin that OCC calculates and collects with
respect to each account of a clearing member.\4\ Such margin consists
of a mark-to-market component that is based on the net asset value of
the account (i.e., the cost to liquidate the account at current
prices). A second component of such margin is the risk component
(``Risk Margin'') determined under OCC's proprietary margin system on
the basis of the net risk of all open positions carried in the account,
including stock loan positions as well as options positions.\5\ An
additional margin requirement (``Additional Margin''), which is solely
applicable to stock loan transactions, arises where the collateral
provided by the borrowing clearing member is greater than the current
market value of the loaned stock. For example, where in a stock loan
transaction the borrowing clearing member is required to provide
collateral equal to 102% of the current market value of the loaned
stock, OCC will charge the corresponding lending clearing member an
Additional Margin amount equal to the 2% excess collateral and credit
the borrowing clearing member an equal amount. These Additional Margin
charges/credits are designed to provide OCC with resources to fully
compensate a party to a stock loan transaction in the event that the
counterparty defaults and the loaned stock or collateral held by the
non-defaulting party is less than the value of the collateral or loaned
stock exchanged.
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    \4\ This OCC margin requirement is in addition to the cash
collateral that is transferred to the stock lender and may be
deposited in any form constituting acceptable collateral under OCC
Rule 604.
    \5\ OCC does not calculate risk margin on stock loan positions
and stock borrow positions separately from risk margin on options
positions carried in the same account.
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2. Description of Rule Change
    In December 2008, the Commission approved an OCC proposed rule
change that memorialized OCC's understanding that where stock loan
transactions are submitted to OCC for clearance through the Stock Loan/
Hedge Program, any Additional Margin that a clearing member is required
to deposit with OCC will be treated the same as any other portion of
the OCC margin deposit requirement and therefore will not constitute an
unsecured receivable that would otherwise be required to be deducted
from such clearing member's net capital for purposes of Rule 15c3-1.\6\
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    \6\ Securities Exchange Act Release No. 59036 (Dec. 1, 2008), 73
FR 74554 (Dec. 8, 2008).
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    Under the current proposed rule change, OCC would expand the prior
interpretive relief so that: (i) clearing members also would not be
required to take a net capital deduction with respect to any excess of
the collateral over the market value of the loaned stock and (ii) such
expanded interpretive relief would apply to stock loan transactions
submitted to OCC for clearance through the Market Loan Program. As
explained above, any over-collateralization of the loaned stock would
be secured and offset by Additional Margin charges/credits applied by
OCC. Therefore, any such excess collateral on loaned stock also would
not be deemed to constitute an unsecured receivable for purposes of
Rule 15c3-1.
    OCC believes that providing such relief from Rule 15c3-
1(c)(2)(iv)(B) is within the policy objectives of the rule.
Specifically, while the intent behind the capital charges is to protect
the stock borrower against credit exposure to the lender, the borrower
has no such credit exposure where OCC is substituted as the central
counterparty. Furthermore, under the Market Loan Program, whereby stock
loan transactions are effected through an electronic trading platform,
it is literally impossible for the clearing member to look through OCC
and treat another clearing member as its counterparty.
    In connection with the above-referenced initiatives, OCC proposes
to amend interpretation .05 to OCC Rule 601 to reflect the regulatory
treatment under Rule 15c3-1 of collateral and margin posted by clearing
members participating in stock loan transactions through the Stock
Loan/Hedge Program and/or Market Loan Program.\7\
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    \7\ The text of the proposed amendment to interpretation .05 can
be found at http://www.optionsclearing.com/components/docs/legal/rules_and_bylaws/sr_occ_10_19.pdf.
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    OCC states that the proposed change to OCC's Rules is consistent
with the purposes and requirements of Section 17A of the Act \8\
because it is designed to promote the prompt and accurate clearance and
settlement of stock loan transactions, to foster cooperation and
coordination with persons engaged in the clearance and settlement of
such transactions, to remove impediments to and perfect the mechanism
of a national system for the prompt and accurate clearance and
settlement of such transactions, and, in general, to protect investors
and the public interest. OCC further states that the proposed rule
change is not inconsistent with the existing rules of OCC including any
rules proposed to be amended.
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    \8\ 15 U.S.C. 78q-1.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any
burden on competition.

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

    OCC did not solicit or receive written comments with respect to the
proposed rule change. OCC will notify the Commission of any written
comments it receives.

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

    Within 45 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 self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove 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 may be submitted by using the
Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml), or send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-OCC-2010-19 on the subject line.
     Paper comments should be sent in triplicate to Elizabeth
M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington DC 20549-1090.

All submissions should refer to File No. SR-OCC-2010-19. 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at OCC's principal office and OCC's Web site
(http://www.theocc.com/about/publications/bylaws.jsp). 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
submission should refer to File No. SR-OCC-2010-19 and should be
submitted within January 26, 2011 days after the date of publication.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-33304 Filed 1-4-11; 8:45 am]
BILLING CODE 8011-01-P


strategies. Institutional accounts that meet the definition of FINRA
Rule 4512(c), but do not satisfy the higher tier standard required for
negative consent, may affirmatively elect in writing to receive
institutional debt research.
    One commenter opposed providing any exemption for debt research
distributed solely to eligible institutional investors, contending that
it would deprive the market's largest participants of the important
protections of the proposed rules for retail debt research.\138\
Another commenter reiterated concerns expressed in response to an
earlier iteration of the debt research proposal that the proposed
standard for negative consent would be difficult to implement and would
disadvantage institutional investors who are capable of, and in fact,
make independent investment decisions about debt transactions and
strategies. The commenter suggested as an alternative that the
institutional investor standard should be based on only on the
institutional suitability standard in Rule 2111.\139\
---------------------------------------------------------------------------

    \138\ PIABA Debt.
    \139\ SIFMA.
---------------------------------------------------------------------------

    Another commenter supported the proposed tiered approach for how
institutional investors may receive research reports.\140\ The
commenter stated that a QIB presumably has the sophistication and human
and financial resources to evaluate debt research without the
disclosures and other protections that accompany reports provided to
retail investors. The commenter also supported permitting an
institutional investor that does not fall within the higher tier
category to receive the debt research without the retail investor
protections if it notifies the firm in writing of its election.
---------------------------------------------------------------------------

    \140\ CFA Institute.
---------------------------------------------------------------------------

    As discussed in detail in the Proposing Release, FINRA believes an
institutional exemption is appropriate to allow more sophisticated
institutional market participants that can assess risks associated with
debt trading and are aware of conflicts that may exist between a
member's recommendations and trading interests, to continue to receive
the timely flow of analysis and trade ideas that they value. FINRA
notes that institutional debt research still would remain subject to
several provisions of the rules, including the required separation
between debt research and investment banking and the requirements for
conflict management policies and procedures to insulate debt analysts
from pressure by traders and others. In addition, FINRA notes that no
institutional investor will be exposed to this less-protected
institutional research without either negative or affirmative consent,
as applicable.
    With respect to the standard for negative consent, FINRA addressed
that issue in great detail in Item 5 of the Proposing Release. In
short, FINRA does not believe that less sophisticated institutional
investors should be required to take any additional steps to receive
the full protections of the proposed rules. To the extent the QIB
standard for negative consent is too difficult to implement, the
proposal provides an alternative to obtain a one-time affirmative
consent for any Rule 4512(c) institutional account and further provides
a one-year grace period to obtain that consent, so as not to disrupt
the current flow of debt research to institutional customers. As
discussed in the rule filing, FINRA included the alternative methods of
consent and the grace period to satisfy the differing industry views on
which of two consent options would be most cost effective.
    Another commenter asked that FINRA confirm that, in distributing
debt research reports under the institutional debt research framework
to certain non-U.S. institutional investors who are customers of a
member's non-U.S. broker-dealer affiliate, the member may rely on
similar classifications in the non-U.S. institutional investors' home
jurisdictions.\141\ The commenter contended that this is necessary
because some global firm distribute their debt research reports to non-
U.S. institutional investors who may not have been vetted as QIBs for a
variety of reasons. The debt proposal never contemplated recognizing
equivalent institutional standards in other jurisdictions, and FINRA
does not believe that approach is appropriate or workable. FINRA
questions whether there are standards in other jurisdictions that are
truly the equivalent of the QIB standard, and it is impractical for
FINRA to survey and assess the institutional standards around the world
to determine equivalency, not to mention whether the home jurisdiction
adequately examines for and enforces compliance with the standard. To
the extent non-U.S. institutional investors have not been vetted as
QIBs, firms have the option of either vetting them if they wish to send
them institutional debt research by negative consent or obtaining
affirmative written consent to the extent the institution satisfies the
Rule 4212(c) standard.
---------------------------------------------------------------------------

    \141\ WilmerHale Debt.
---------------------------------------------------------------------------

    The same commenter asked FINRA to clarify the application of the
institutional debt research framework to desk analysts or other
personnel who are part of the trading desk and are not ``research
department'' personnel. In particular, the commenter suggested that
proposed Rules 2242(b)(2)(H) (with respect to pressuring) and (b)(2)(L)
should not apply when sales and trading personnel or principal trading
personnel publish debt research reports in reliance on the
institutional research exemption because the requirements of those
provisions cannot be reconciled with the inherent nature of conflicts
present.\142\ Those provisions would require firms to have policies and
procedures to: (i) Establish information barrier or other institutional
safeguards reasonably designed to insulate debt research analysts from
pressure by, among others, principal trading or sales and trading
personnel; and (ii) restrict or limit activities by debt research
analyst that can reasonably be expected to compromise their
objectivity. FINRA disagrees with the commenter. FINRA believes that
minimum objectivity standards should apply to institutional debt
research regardless of whether the research is published by research
department personnel, sales and trading personnel or principal trading
personnel. FINRA believes that a firm can and should put in place
policies and procedures reasonably designed to ensure that other
traders or sales and trading personnel do not overtly pressure a trader
who produces debt research to express a particular view and to prevent
that trader from participating in solicitations of investment banking
or road show participation.
---------------------------------------------------------------------------

    \142\ WilmerHale Debt.
---------------------------------------------------------------------------

Exemptions for Limited Investment Banking Activity and Limited
Principal Trading Activity
    The proposed rule change would exempt members with limited
principal trading activity or limited investment banking activity from
the review, supervision, budget, and compensation provisions in the
proposed rule related to principal trading and investment banking
personnel, respectively. The limited principal trading exemption

would apply to firms that engage in principal trading activity where,
in absolute value on an annual basis, the member's trading gains or
losses on principal trades in debt securities are $15 million or less
over the previous three years, on average per year, and the member
employs fewer than 10 debt traders. The limited investment banking
exemption would apply, as it does in the equity rules, to firms that
have managed or co-managed 10 or fewer investment banking services
transactions on average per year, over the previous three years and
generated $5 million or less in gross investment banking revenues from
those transactions.
    One commenter questioned whether the exemptions could compromise
the independence and accuracy of the analysis and opinions
provided.\143\ The commenter further expressed concern that the
exemption might allow traders to act on debt research prior to
publication and distribution of that research. The commenter noted
FINRA's commitment to monitor firms that avail themselves of the
exemptions to evaluate whether the thresholds for the exemptions are
appropriate and asked FINRA to publish findings that could help
properly weigh the burdens on small firms while ensuring the
independence of investment research. The commenter also encouraged
FINRA to provide additional guidance as to what specific measures
should be taken to ensure that debt research analysts are insulated
from pressure by persons engaged in principal trading or sales and
trading activities or other persons who might be biased in their
judgment or supervision.
---------------------------------------------------------------------------

    \143\ CFA Institute.
---------------------------------------------------------------------------

    As discussed in detail the Proposing Release, FINRA included the
exemptions to balance the burdens of compliance with the level or risk
to investors. FINRA determined the thresholds for each exemption based
on data analysis and a survey of firms that engage in principal trading
activity or investment banking activity, respectively. FINRA has not
found abuses with respect to the limited investment banking exemption
in the equity context and notes that some important separation
requirements would still apply to the eligible firms, such as the
prohibition on compensating a debt research analyst based on a specific
investment banking transaction or contributions to a member's
investment banking services activities.
    Similarly, the proposed limited principal trading exemption would
apply where, based on the survey and data analysis, FINRA reasonably
believes the amount of potential principal trading profits poses
appreciably lower risk of pressure on debt research analysts by sales
and trading or principal trading personnel and where there would be a
significant marginal cost to add a trader dedicated to producing
research relative to the increase in investor protection. The proposal
would still prohibit debt research analysts at exempt firms from being
compensated based on specific trading transactions.
    With respect to both exemptions, as the commenter noted, firms
would still be required to establish information barriers or other
institutional safeguards reasonably designed to ensure debt research
analysts are insulated from pressure by persons engaged in investment
banking or principal trading activities, among others. FINRA believes a
number of policies could be implemented to achieve compliance with this
requirement. For example, in the context of principal trading, these
measures might include monitoring of communications between debt
research analysts and individuals on the trading desk and reviewing
published research in relation to transactions executed by the firm in
the subject company's debt securities. FINRA also notes that neither
exemption would allow trading ahead of research by firm traders, as
FINRA Rule 5280 would continue to apply to both debt and equity
research and prohibits such conduct. Finally, as noted, FINRA intends
to monitor the research produced by firms that avail themselves of the
exemptions to assess whether the thresholds to qualify for the
exemptions are appropriate or should be modified.
Filing Requirement Exclusion
    One commenter asked FINRA to consider amending FINRA Rule 2210 to
exclude debt research reports from that rule's filing requirements,
since there is an exception from the filing requirements for equity
research reports that concern only equity securities that trade on an
exchange.\144\ FINRA is willing to separately consider the merits of
the request, but does not believe the issue is appropriate for
resolution in the context of the debt proposal since it primarily
relates to the provisions of a rule that is not the subject of the
proposed rule change.
---------------------------------------------------------------------------

    \144\ WilmerHale Debt.
---------------------------------------------------------------------------

Implementation Date
    One commenter requested that the implementation date be at least 12
months after SEC approval of the proposed rule change and that FINRA
sequence the compliance dates of the equity research filing and the
proposed rule change in that order.\145\ Another commenter requested
that FINRA provide a ``grace period'' of one year or the maximum time
permissible, if that is less than one year, between the adoption of the
proposed rule and the implementation date.\146\ FINRA is sensitive to
the time firms will require to update their policies and procedures and
systems to comply with the proposed rule change and will take those
factors into consideration when establishing implementation dates.
---------------------------------------------------------------------------

    \145\ SIFMA.
    \146\ WilmerHale Debt.
---------------------------------------------------------------------------

    FINRA believes that the foregoing fully responds to the issues
raised by the commenters.
    FINRA will announce the effective date of the proposed rule change
in a Regulatory Notice to be published no later than 60 days following
Commission approval. The effective date will be no later than 180 days
following publication of the Regulatory Notice announcing Commission
approval.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\147\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change would
promote increased quality, objectivity and transparency of debt
research distributed to investors by requiring firms to identify and
mitigate conflicts in the preparation and distribution of such
research. FINRA further believes the rule will provide investors with
more reliable information on which to base investment decisions in debt
securities, while maintaining timely flow of information important to
institutional market participants and providing those institutional
investors with appropriate safeguards.
---------------------------------------------------------------------------

    \147\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. FINRA provided a comprehensive
statement regarding the burden on competition in

the Proposing Release. FINRA's response to comments and proposed
revisions as set forth in this Amendment No. 1 does not change FINRA's
statement in the Proposing Release.

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 solicited by the
Commission in response to the publication of SR-FINRA-2014-048.\148\
The Commission received five comment letters, which are summarized
above.
---------------------------------------------------------------------------

    \148\ See Proposing Release, supra note 3.
---------------------------------------------------------------------------

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

    Within 180 days after the date of publication of the initial notice
in the Federal Register (i.e., November 24, 2014) or within such longer
period up to an additional 60 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will issue an order approving or
disapproving such proposed rule change, as amended.

V. 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: \149\
---------------------------------------------------------------------------

    \149\ See supra note 6.
---------------------------------------------------------------------------

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2014-048 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2014-048. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. 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-FINRA-2014-048 and should be
submitted on or before April 8, 2015.
---------------------------------------------------------------------------

    \150\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\150\
Brent J. Fields,
Secretary.
[FR Doc. 2015-06094 Filed 3-17-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 97 (Thursday, May 19, 2016)]
[Rules and Regulations]
[Pages 31492-31495]
[FR Doc No: 2016-11427]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0703; Directorate Identifier 2013-NM-004-AD;
Amendment 39-18518; AD 2016-10-07]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc. Model DHC-8-102, -103, -106, -201, -202, -301, -311,
and -315 airplanes. This AD was prompted by a report of a pilot
commanding an in-flight engine shut down in response to a low oil
pressure warning indication. Further investigation revealed the
mounting studs in the engine mounted alternating current (AC) generator
mounting plate were pulled out of position and the threaded interface
in the plate was corroded. This AD requires repetitive inspections for
discrepancies on certain AC generator mounting adapters, and replacing
discrepant adapters with serviceable ones. This AD also requires
revising the maintenance program to incorporate a repetitive task
specified in certain temporary revisions. We are issuing this AD to
detect and correct corrosion in the AC generator mounting plate, which
could result in a gap between the AC generator and the generator
mounting plate, and cause loss of engine oil and consequent engine
failure.

DATES: This AD is effective June 23, 2016.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 23,
2016.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.bombardier.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2013-0703.

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-2013-
0703; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West

Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Assata Dessaline, Aerospace Engineer,
Avionics and Services Branch, ANE-172, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 by adding an AD that would apply to certain
Bombardier, Inc. Model DHC-8-102, -103, -106, -201, -202, -301, -311,
and -315 airplanes. The SNPRM published in the Federal Register on
January 13, 2016 (81 FR 1563), (``the SNPRM''). We preceded the SNPRM
with a notice of proposed rulemaking (NPRM) that published in the
Federal Register on August 28, 2013 (78 FR 53080), (``the NPRM''). The
NPRM proposed to require repetitive inspections for discrepancies on
certain AC generator mounting adapters, and replacing discrepant
adapters with serviceable ones. The NPRM also proposed to require
revising the maintenance program to incorporate a repetitive task
specified in certain temporary revisions. The NPRM was prompted by a
report of a pilot commanding an in-flight engine shut down in response
to a low oil pressure warning indication. Further investigation
revealed the mounting studs in the engine mounted AC generator mounting
plate were pulled out of position and the threaded interface in the
plate was corroded.
    The SNPRM proposed to require the actions specified in the NPRM,
and to expand the proposed applicability. We are issuing this AD to
detect and correct corrosion in the AC generator mounting plate, which
could result in a gap between the AC generator and the generator
mounting plate, and cause loss of engine oil and consequent engine
failure.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive, CF-
2012-29R1, effective April 28, 2015 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Bombardier, Inc. Model DHC-8-
102, -103, -106, -201, -202, -301, -311, and -315 airplanes. The MCAI
states:

    An incident has been reported, on the DHC-8 aeroplane, where a
pilot commanded in-flight engine shut down in response to an engine
low oil pressure warning indication.
    Further investigation revealed the mounting studs in the engine
mounted alternating current (AC) generator mounting plate were
pulled out of position and the threaded interface in the plate
corroded. This resulted in a gap between the AC generator and the
generator mounting plate, leading to the loss of engine oil and the
ensuing illumination of the associated engine low oil pressure
warning indication.
    To ensure the integrity of the affected units, Part I of this
[Canadian] AD mandates an inspection of the affected AC generator
mounting adapters part numbers (P/N) 31708-500 or 31708-501, and, as
applicable, replacement with new or serviceable mounting plates.
    Part II of this [Canadian] AD mandates the incorporation of a
repeat Maintenance Review Board (MRB) inspection applicable to the
replacement of the AC generator mounting adapters P/Ns 31708-510 or
31708-511 only.
    Revision 1 of this [Canadian] AD is issued to include additional
aeroplane serial numbers (003 through 018) to the Applicability
section, and to clarify the compliance schedules in Part I B. and
Part II below [in this Canadian 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-2013-
0703.

Comments

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

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc. has issued Service Bulletin 8-24-88, Revision A,
dated September 23, 2014. This service information describes repetitive
inspections for discrepancies on certain AC generator mounting
adapters, and replacing discrepant adapters with serviceable ones.
    Bombardier, Inc. has also issued the following de Havilland service
information, which introduces MRB Report Task 2420/14, ``Functional
Check (pull test) of the AC generator adapter kit.''
     de Havilland Dash 8 Series 100 MRB Report Temporary
Revision MRB-153, dated July 10, 2012, to Section 2--Systems, in Part 1
of the de Havilland Dash 8 Series 100 Maintenance Program Manual PSM 1-
8-7.
     de Havilland Dash 8 Series 200 MRB Report Temporary
Revision MRB 2-31, dated July 10, 2012, to Section 2--Systems, in Part
1 of the de Havilland Dash 8 Series 200 Maintenance Program Manual PSM
1-82-7.
     de Havilland Dash 8 Series 300 MRB Report Temporary
Revision MRB 3-162, dated July 10, 2012, to Section 2--Systems, in Part
1 of the de Havilland Dash 8 Series 300 Maintenance Program Manual PSM
1-83-7.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 88 airplanes of U.S. registry.
    We also estimate that it takes about 6 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts cost about $4,000 per product.
Based on these figures, we estimate the cost of the AD on U.S.
operators to be $396,880, or $4,510 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions 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.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition

that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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 (AD):

2016-10-07 Bombardier, Inc.: Amendment 39-18518. Docket No. FAA-
2013-0703; Directorate Identifier 2013-NM-004-AD.

(a) Effective Date

    This AD is effective June 23, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-102, -103, -106,
-201, -202, -301, -311, and -315 airplanes; certificated in any
category; serial numbers 003 through 672 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical
power.

(e) Reason

    This AD was prompted by a report of a pilot commanding an in-
flight engine shut down in response to a low oil pressure warning
indication. Further investigation revealed the mounting studs in the
engine mounted alternating current (AC) generator mounting plate
were pulled out of position and the threaded interface in the plate
corroded. We are issuing this AD to detect and correct corrosion in
the AC generator mounting plate, which could result in a gap between
the AC generator and the generator mounting plate, and cause loss of
engine oil and consequent engine failure.

(f) Compliance

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

(g) Inspection of AC Generator Mounting Adaptor and Corrective Action

    Within 6,000 flight hours, or 36 months, or when the AC
generator is removed for service, whichever occurs first, after the
effective date of this AD: Do a general visual inspection and a
mechanical inspection for discrepancies (i.e., damage, corrosion,
and failed mechanical inspection) on AC generator mounting adapters
having part number (P/N) 31708-500 and P/N 31708-501, in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
8-24-88, Revision A, dated September 23, 2014. If any discrepancy
(i.e., damage, corrosion, or failed mechanical inspection) is found,
before further flight, replace the AC generator mounting adapter
with a serviceable mounting adapter having P/N 31708-510, P/N 31708-
511, P/N 31708-500, or P/N 31708-501, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 8-24-88,
Revision A, dated September 23, 2014.

(h) Repetitive Inspections

    For in-service mounting adapters that have P/N 31708-500 or P/N
31708-501: Repeat the general visual and mechanical inspection
required by paragraph (g) of this AD thereafter at intervals not to
exceed 6,000 flight hours, or 36 months after the most recent
inspection, or when the AC generator is removed for service,
whichever occurs first.

(i) Replacement of Certain AC Generator Mounting Adaptors

    For airplanes having AC generator mounting adapters that have P/
N 31708-500 or P/N 31708-501: Within the later of the times
specified in paragraphs (i)(1) and (i)(2) of this AD, replace the AC
generator mounting adapter with a new AC generator mounting adapter
having P/N 31708-510 or P/N 31708-511.
    (1) Before the accumulation of 120 months on the AC generator
mounting adapter.
    (2) Within 12 months, or 2,000 flight hours, or when the
generator is removed from service, whichever occurs first after the
effective date of this AD.

(j) Airplane Maintenance Program Revision

    For airplanes having AC generator mounting adapters that have P/
N 31708-510 or P/N 31708-511: Within 30 days after the effective
date of this AD, revise the airplane maintenance or inspection
program, as applicable, by incorporating maintenance review board
(MRB) Report Task 2420/14, ``Functional Check (pull test) of the AC
generator adapter kit,'' in the applicable maintenance program
manual specified in paragraph (j)(1), (j)(2), or (j)(3) of this AD.
The initial compliance time for MRB Task 2420/14 is prior to the
accumulation of 10,000 total flight hours or within 60 months since
installation of the part, whichever occurs first.
    (1) For Model DHC-8-102, -103, and -106 airplanes: de Havilland
Dash 8 Series 100 MRB Report Temporary Revision MRB-153, dated July
10, 2012, to Section 2--Systems, of the de Havilland Dash 8 Series
100 Maintenance Program Manual PSM 1-8-7.
    (2) For Model DHC-8-201 and -202 airplanes: de Havilland Dash 8
Series 200 MRB Report Temporary Revision MRB 2-31, dated July 10,
2012, to Section 2--Systems, of the de Havilland Dash 8 Series 200
Maintenance Program Manual PSM 1-82-7.
    (3) For Model DHC-8-301, -311, and -315 airplanes: de Havilland
Dash 8 Series 300 MRB Report Temporary Revision MRB 3-162, dated
July 10, 2012, to Section 2--Systems, of the de Havilland Dash 8
Series 300 Maintenance Program Manual PSM 1-83-7.

(k) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (j) 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 (m)(1) of
this AD.

(l) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Bombardier Service Bulletin 8-24-88, dated
December 13, 2011, which is not incorporated by reference in this
AD.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC

approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: 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, New York ACO,
ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2012-29R1, dated April 28, 2015, 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-2013-0703.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (o)(3) and (o)(4) of this AD.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 8-24-88, Revision A, dated
September 23, 2014.
    (ii) de Havilland Dash 8 Series 100 Maintenance Review Board
(MRB) Report Temporary Revision MRB-153, dated July 10, 2012, to
Section 2--Systems, of Part 1 of the de Havilland Dash 8 Series 100
Maintenance Program Manual PSM 1-8-7.
    (iii) de Havilland Dash 8 Series 200 MRB Report Temporary
Revision MRB 2-31, dated July 10, 2012, to Section 2--Systems, of
Part 1 of the de Havilland Dash 8 Series 200 Maintenance Program
Manual PSM 1-82-7.
    (iv) de Havilland Dash 8 Series 300 MRB Report Temporary
Revision MRB 3-162, dated July 10, 2012, to Section 2--Systems, of
Part 1 of the de Havilland Dash 8 Series 300 Maintenance Program
Manual PSM 1-83-7 MRB Report.
    (3) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone: 416-375-
4000; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 6, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-11427 Filed 5-18-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Notices]
[Pages 45509-45510]
[FR Doc No: 2019-18695]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2019-0002; Internal Agency Docket No. FEMA-B-1951]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before November 27, 2019.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1951, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the

floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
          Los Angeles County, California and Incorporated Areas
          Project: 11-09-0925S Preliminary Date: April 12, 2019
------------------------------------------------------------------------
City of Santa Clarita..................  Public Works Department, 23920
                                          Valencia Boulevard, Suite 300,
                                          Santa Clarita, CA 91355.
Unincorporated Areas of Los Angeles      Public Works Headquarters,
 County.                                  Watershed Management Division,
                                          900 South Fremont Avenue,
                                          Alhambra, CA 91803.
------------------------------------------------------------------------
               Bremer County, Iowa and Incorporated Areas
         Project: 16-07-2134S Preliminary Date: January 10, 2019
------------------------------------------------------------------------
City of Denver.........................  City Hall, 100 Washington
                                          Street, Denver, IA 50622.
City of Frederika......................  City Hall, 111 3rd Street,
                                          Frederika, IA 50631.
City of Janesville.....................  City Hall, 227 Main Street,
                                          Janesville, IA 50647.
City of Plainfield.....................  City Hall, 604 Main Street,
                                          Plainfield, IA 50666.
City of Readlyn........................  City Hall, 128 Main Street,
                                          Readlyn, IA 50668.
City of Sumner.........................  City Hall, 105 East 1st Street,
                                          Sumner, IA 50674.
City of Tripoli........................  Bremer County Building and
                                          Zoning Department, 415 East
                                          Bremer Avenue, Waverly, IA
                                          50677.
City of Waverly........................  City Hall, 200 1st Street
                                          Northeast, Waverly, IA 50677.
Unincorporated Areas of Bremer County..  Bremer County Building and
                                          Zoning Department, 415 East
                                          Bremer Avenue, Waverly, IA
                                          50677.
------------------------------------------------------------------------

[FR Doc. 2019-18695 Filed 8-28-19; 8:45 am]
 BILLING CODE 9110-12-P