[Federal Register Volume 78, Number 117 (Tuesday, June 18, 2013)]
[Rules and Regulations]
[Pages 36431-36434]
[FR Doc No: 2013-14417]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0245]
RIN 1625-AA00

Safety Zone; Inbound Transit of M/V TEAL, Savannah River;
Savannah, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
around the M/V TEAL during its inbound transit on the Savannah River to
the Georgia Ports Authority, Garden City Terminal Container Berth 8
(CB8). This safety zone facilitates the safe transit and offload of
four oversized ship to shore (STS) cranes. The moving safety zone will
transition to a temporary fixed safety zone when the M/V TEAL moors to
CB8. This regulation is necessary to protect life and property on the
navigable waters of the Savannah River due to the hazards associated
with the transport of these oversized cranes and offloading operations.
Entry into this zone is prohibited unless specifically authorized by
the Captain of the Port (COTP) Savannah or a designated representative.

DATES: This rule will be enforced with actual notice from 5 a.m. on
June 5, 2013, until June 18, 2013. This rule is effective in the Code
of Federal Regulations from June 18, 2013 until 7:30 p.m. on June 24,
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0245. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Petty Officer Clayton P. Rennie, Marine Safety Unit
Savannah Office of Waterways Management, Coast Guard; telephone (912)
652-4353 ext 200, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Barbara
Hairston, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
CB8 Container Berth 8
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
STS Ship to Shore

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
did not receive notice of the transit until there was insufficient time
remaining to undertake notice and comment. Publishing an NPRM and
delaying its effective date would be impracticable because immediate
action is needed to protect the M/V TEAL and other vessels and mariners
from the hazards associated with the transit and offloading operations
of four STS cranes to CB8.
    Under 5 U.S.C. 553(d)(3), for the same reasons as above, the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register. Delaying the
effective date would be impracticable and contrary to the public
interest.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116

Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
    The Coast Guard is establishing this temporary moving safety zone
to facilitate the safe transit of the M/V TEAL and four STS cranes on
the Savannah River. The large STS cranes pose a danger to other vessels
that may meet or attempt to overtake the M/V TEAL in the narrow
waterway of the Savannah River.
    The purpose of the rule is to ensure the safety of life and vessels
on a navigable waterway of the United States during the M/V TEAL
transit and operations.

C. Discussion of the Final Rule

    The moving safety zone will cover all waters of the Savannah River
one nautical mile ahead and astern of the M/V TEAL. During the vessel's
inbound transit, no other vessel may meet, pass, or overtake the M/V
TEAL, unless authorized by the COTP Savannah or a designated
representative.
    The moving safety zone will become a fixed safety zone when the M/V
TEAL moors to CB8 at approximate position 32[deg]08.23' N,
81[deg]08.52' W. The fixed safety zone will extend over the water 500
yards around the M/V TEAL. No person or vessel will be allowed to
transit the safety zone during crane offloading operations, unless
authorized by the COTP Savannah or a designated representative.
    Entry into the safety zone is prohibited for all vessels unless
specifically authorized by the COTP Savannah or a designated
representative. U.S. Coast Guard assets or designated representatives
will enforce this safety zone, and coordinate vessel movements into the
zone when safe to minimize the zone's impact on vessel movements.
Persons or vessels desiring to enter, transit through, anchor in, or
remain within the safety zones may contact the Captain of the Port
Savannah by telephone at<PHONE_NUMBER>, or a designated representative
via VHF radio on channel 16, to request authorization. If authorization
to enter, transit through, anchor in, or remain within the safety zone
is granted by the Captain of the Port Savannah or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Savannah
or a designated representative. The Coast Guard will provide notice of
the safety zones by Broadcast Notice to Mariners, and on-scene
designated representatives.
    Due to fluctuations in the M/V TEAL's transit schedule, the time of
arrival and 14 to 16 day duration needed to unload the cranes are based
upon the best available information known at the time this rule was
drafted. Therefore, this rule is effective from 5 a.m. (EST) on June 5,
2013 until 7 p.m. (EST) on June 24, 2013, however it will only be
enforced upon the commencement of the M/V TEAL's inbound transit and
remain in effect until all cranes have been offloaded. The COTP
Savannah or a designated representative will inform the public through
broadcast notice to mariners of the enforcement periods for this safety
zone.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the
following reasons: this safety zone will only be enforced during the
in-bound transit of the M/V TEAL on the Savannah River and while the M/
V TEAL is moored at CB8. Once all STS cranes have been offloaded from
the M/V TEAL the safety zone will be terminated. The transit of the M/V
TEAL is expected to take 4 to 6 hours.
    The Coast Guard has notified the Georgia Ports Authority and
Savannah Pilots Association of the needs, conditions, and effective
dates and times of the safety zone so that they may schedule arriving
and departing vessels that may be affected by this safety zone to
minimize shipping delays. The presence of moored vessels is not
expected to impede the safe in-bound transit of the M/V TEAL, and
sufficient channel width is anticipated while the M/V TEAL is moored so
that other vessels may transit through the area. Additionally, there
are only two waterfront facilities upriver of CB8 and there are no
known vessels scheduled to moor at these facilities while this
regulation is in effect.
    Notifications of the enforcement periods of this safety zone will
be made to the marine community through broadcast notice to mariners.
Representatives of the COTP will be on-scene to coordinate the
movements of vessels seeking to enter the safety zone. These
representatives will authorize vessel transits into the zone to the
maximum safely allowable during the M/V TEAL's transit.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit the Savannah River while M/V TEAL is transiting in-bound on the
Savannah River and while moored at CB8. This safety zone will not have
a significant economic impact on a substantial number of small entities
for the following reasons: (1) The COTP Savannah may consider granting
vessels permission to enter into the moving safety zone if conditions
allow for such transit to be conducted safely, (2) all vessels may
transit through the fixed safety zone when crane offloading operations
are not in progress, and (3) the Coast Guard will issue a broadcast
notice to mariners informing the public of the safety zone.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The

Ombudsman evaluates these actions annually and rates each agency's
responsiveness to small business. If you wish to comment on actions by
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the creation of a temporary safety
zone. This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. An environmental analysis checklist
supporting this determination and a Categorical Exclusion Determination
are available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

     Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701; 50 U.S.C.
191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.t07-0245 to read as follows:

Sec.  165.t07-0245  Safety Zone; Inbound transit of M/V TEAL Savannah
River, Savannah, GA.

    (a) Regulated Area. The following areas are safety zones:
    (1) Moving Safety Zone. The moving safety zone will cover all
waters of the Savannah River one nautical mile ahead and astern of the
M/V TEAL.
    (2) Fixed Safety Zone. All waters of the Savannah River within 500
yards in all directions around the M/V TEAL while moored at approximate
position 32[deg]08.23' N, 81[deg]08.52' W.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Savannah in the enforcement of the regulated area.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
safety zones unless authorized by the Captain of the Port Savannah or a
designated representative.
    (2) Persons or vessels desiring to enter, transit through, anchor
in, or remain within the safety zones may contact the Captain of the
Port Savannah by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the safety zone is granted by the Captain of the Port Savannah or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Savannah or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas by
Broadcast Notice to Mariners and on-scene designated representatives.
    (e) Effective period. This rule is effective from 5 a.m. on June 5,
2013 until 7 p.m. on June 24, 2013.

    Dated: May 20, 2013.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2013-14417 Filed 6-17-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Notices]
[Pages 24764-24766]
[FR Doc No: 2017-10983]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80748; File No. SR-NYSEMKT-2017-20]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Change To Amend the Rules of the
Exchange, the NYSE MKT Equities Price List, the NYSE Amex Options Fee
Schedule, and the NYSE Amex Options Proprietary Market Data Fees

May 23, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on May 19, 2017, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes, in connection with its name change to NYSE
American LLC (``NYSE American''), to rebrand the Exchange's facility
for trading options (``Options Market''), from ``NYSE Amex Options'' to
``NYSE American Options'' and to amend the rules of the Exchange, the
NYSE MKT Equities Price List (``Price List''), the NYSE Amex Options
Fee Schedule (``Fee Schedule''), and the NYSE Amex Options Proprietary
Market Data Fees (``Options Market Data Fees'') to reflect that
rebranding. The Exchange also proposes to delete obsolete references in
the rules and the NYSE MKT LLC Company Guide (``Company Guide''). The
proposed change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    NYSE MKT proposes, in connection with its name change to NYSE
American LLC (``NYSE American''),\4\ to rebrand the Exchange's Options
Market from ``NYSE Amex Options'' to ``NYSE American Options.''
Therefore, the Exchange now proposes to amend the rules of the
Exchange, Company Guide, Price List, Fee Schedule, and Options Market
Data Fees to reflect that rebranding.
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    \4\ See Securities Exchange Act Release No. 80283 (March 21,
2017), 82 FR 15244 (March 27, 2017) (SR-NYSEMKT-2017-14).
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    The Exchange also proposes to delete obsolete references to a
former name from the rules and the Company Guide.\5\
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    \5\ See Securities Exchange Act Release No. 67037 (May 21,
2012), 77 FR 31415 (May 25, 2012) (SR-NYSEAmex-2012-32).
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Background

    Option contracts may be approved for listing and trading on the
Exchange's Options Market, which is referred to as ``NYSE Amex
Options.'' \6\ On March 16, 2017, NYSE MKT filed rule changes with the
Commission in connection with its name change to NYSE American LLC.\7\
The Exchange has now determined that for consistency and marketing
purposes it would be

desirable to rebrand the Options Market from ``NYSE Amex Options'' to
``NYSE American Options.'' \8\
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    \6\ See Rule 900.2NY(47) (Definitions) (providing that ``[t]he
term `NYSE Amex Options' shall refer to those aspects of the Self-
Regulatory Organization and the Trading Facilities business of NYSE
MKT LLC licensed to trade Options by the Exchange''). See also
Section 900 NY (Rules Principally Applicable to Trading of Options
Contracts) of the Exchange's Rules.
    \7\ See Securities Exchange Act Release No. 80283, supra note 4.
    \8\ NYSE Amex Options LLC, a Delaware limited liability company,
operates the Options Market. See Securities Exchange Act Release No.
64742 (June 24, 2011), 76 FR 38436 (June 30, 2011) (SR-NYSEAmex-
2011-18), at 38436. The Exchange proposes to rebrand the name of the
Options Market, but does not propose to change the name of NYSE Amex
Options LLC.
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    The proposed rule changes would become operative upon the
effectiveness of the NYSE MKT name change to NYSE American, which is
expected to be no later than July 30, 2017.
    The Exchange notes that the name change originally was expected to
become effective no later than June 30, 2017.\9\ Because the Exchange
now anticipates that the name change will become effective at a
subsequent date, not only the proposed rule changes, discussed below,
but also the rule changes filed on March 16, 2017 \10\ in connection
with the name change to NYSE American, would become operative upon the
effectiveness of the NYSE MKT name change to NYSE American, which is
expected to be no later than July 30, 2017. The Exchange will announce
via Trader Notice the effective date of the name change.
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    \9\ See Securities Exchange Act Release No. 80283, supra note 4,
at 15246.
    \10\ See Securities Exchange Act Release No. 80283 (March 21,
2017), 82 FR 15244 (March 27, 2017) (SR-NYSEMKT-2017-14).
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Proposed Changes

    In connection with the rebranding of the Options Market, the
Exchange proposes to amend the rules as described below:
     The Exchange proposes to change the name of its trading
permit from ``Amex Trading Permit'' to ``American Trading Permit.''
Consistent with that change, it proposes to change the terms ``Amex
Trading Permits'' and ``Amex Trading Permit Holder'' to ``American
Trading Permits'' and ``American Trading Permit Holder,'' respectively.
To implement the change, it proposes to replace ``Amex'' with
``American'' in Rule 350 (Ownership Requirements); Rule 353 (Amex
Trading Permit Requirements); Rule 353A (Revocable Privilege;
Termination of an Amex Trading Permit); Rule 358 (Processing Fees and
Other Charges Associated with Amex Trading Permit); Rule 358A (Special
Charge and Charge Upon Options Transactions); Rule 359 (Application and
Termination Forms); Rule 359B (Limited Transferability); and, where
applicable, in the respective title of the aforementioned rules.
     The Exchange proposes to change the term ``NYSE Amex
Options Trading Floor'' to ``NYSE American Options Trading Floor''. To
implement the change, it proposes to replace ``Amex'' with ``American''
in Rule 6A--Equities (`Trading Floor') and Rule 36--Equities
(Communications between Exchange and Members' Offices), Supplementary
Material .21, .23, and .70.
     In Rule 70--Equities (Execution of Floor Broker Interest),
Supplementary Material .40, the Exchange proposes to replace ``Amex''
with ``American'' in the term ``NYSE Amex option.''
     In Rule 900.2NY (Definitions), the Exchange proposes to
amend ``NYSE Amex Options'' to the term ``NYSE American Options'' and
``Amex Trading Permit'' to the term ``American Trading Permit''. To
implement the change, the Exchange proposes to replace ``Amex'' with
``American'' throughout the rule.
     In Rule 902NY (Admission and Conduct on the Options
Trading Floor), the Exchange proposes to replace ``Amex'' with
``American'' in the terms ``Officer of NYSE Amex Options'', ``NYSE Amex
Options automated trading system'', and ``Reserve Floor Market Maker
Amex Trading Permit.''
     In Rule 1000--AEMI (Portfolio Depository Receipts),
Commentary .03 and .06, and Rule 1000A-AEMI (Index Fund Shares),
Commentary .02 and .05, the Exchange proposes to delete ``Amex'' from
the term ``Amex Company Guide'', consistent with the definition of
``Company Guide'' in the Exchange's rules.\11\
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    \11\ See Definition 37 (``Company Guide'') in the General and
Floor Rules.
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    In addition, the Exchange proposes to amend the following documents
as described below:
     Fee Schedule: The Exchange proposes to replace ``Amex''
with ``American'' in the references to ``NYSE Amex Options'' in the
title and throughout the Fee Schedule. The Exchange also proposes to
replace ``Amex'' with ``American'' in the terms ``NYSE Amex Options
Market Maker'', ``NYSE Amex'', ``NYSE Amex Options Floor Market
Maker'', ``NYSE Amex Options Market Making firm'' and ``Amex Customer
Engagement (``ACE'') Program.'' Additionally, the Exchange proposes to
make a technical correction to the term ``NYSE Amex Market Maker'' by
adding the missing word ``Options'' and updating such reference to
``NYSE American Options Market Maker.''
     Price List: Under ``Co-Location Fees,'' the Exchange
proposes to replace ``Amex'' with ``American'' in the term ``NYSE Amex
Options.''
     Options Market Data Fees: The Exchange proposes to replace
references to ``Amex'' with ``American'' found in the title, headings,
and product names throughout the Options Market Data Fees.
    The Exchange also proposes to clean up obsolete references to the
Exchange's former name, Amex, as follows:
     When the Exchange's name was changed from NYSE Amex LLC to
NYSE MKT LLC, it changed its rule naming convention by replacing ``--
NYSE Amex Equities'' with ``--Equities''.\12\ However, Rule 5210--
Equities (Publication of Transactions and Quotations), Supplementary
Material .01, retains cross references using the old naming convention.
The Exchange accordingly proposes to update such references to ``--NYSE
Amex Equities'' rules to ``--Equities'' rules.
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    \12\ See Securities Exchange Act Release No. 67037 (May 21,
2012), 77 FR 31415 (May 25, 2012) (SR-NYSEAmex-2012-32), at 31416.
For example, Rule 0--NYSE Amex Equities became Rule 0--Equities.
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     In Sec.137 (Depository Eligibility) of the Company Guide,
the Exchange proposes to replace ``Amex Rule 777'' with ``Rule 777.''
    None of the foregoing changes are substantive.\13\
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    \13\ The Exchange will submit subsequent rule filings as
necessary to make any technical corrections to proposed rule changes
that are pending as of the date of submission of this filing and
approved by the Commission thereafter.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Exchange Act \14\ in general, and with Section
6(b)(1) \15\ in particular, in that it enables the Exchange to be so
organized as to have the capacity to be able to carry out the purposes
of the Exchange Act and to comply, and to enforce compliance by its
exchange members and persons associated with its exchange members, with
the provisions of the Exchange Act, the rules and regulations
thereunder, and the rules of the Exchange.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(1).
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    The proposed rule change is a non-substantive change and does not
impact the governance or ownership of the Exchange. The Exchange
believes that the proposed rule change would enable the Exchange to
continue to be so organized as to have the capacity to carry out the
purposes of the Exchange Act and comply and enforce compliance with the
provisions of the Exchange Act by its members and persons associated
with its members, because ensuring that the Exchange's rules, Price
List, Fee Schedule, and Options Market Data Fees accurately reflect the
name of the Options Market would contribute to the orderly operation of
the Exchange by

adding clarity and transparency to such documents and rules.
    For similar reasons, the Exchange also believes that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\16\ in that
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest.
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    \16\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system by ensuring that market participants can more
easily navigate, understand and comply with the Exchange's rules, Price
List, Fee Schedule, and Options Market Data Fees. The Exchange believes
that, by ensuring that such documents and rulebook accurately reflect
the name of the Options Market, which aligns with the name of the
Exchange, the proposed rule change would reduce potential investor or
market participant confusion.
    The Exchange believes that eliminating obsolete references to the
Exchange's previous name would not be inconsistent with the public
interest and the protection of investors because investors will not be
harmed and in fact would benefit from increased transparency, thereby
reducing potential confusion. Removing such obsolete references will
also further the goal of transparency and add clarity to the Exchange's
rules and Company Guide.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not intended to address competitive issues but rather is concerned
solely with updating the Exchange's rules, Company Guide, Price List,
Fee Schedule, and Options Market Data Fees to reflect the new name of
the Exchange and the subsequent related rebranding of its options
business.

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

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

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \17\ and Rule 19b-4(f)(3) \18\ thereunder in
that the proposed rule change is concerned solely with the
administration of the Exchange.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings under Section
19(b)(2)(B) \19\ of the Act to determine whether the proposed rule
change should be approved or disapproved.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2017-20 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2017-20. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-NYSEMKT-2017-20 and should
be submitted on or before June 20, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10983 Filed 5-26-17; 8:45 am]
BILLING CODE 8011-01-P


	Office of Chemical Safety and Pollution Prevention

(7101)	EPA 712-C-16-010

October 2016

	Ecological Effects

Test Guidelines

OCSPP 850.1025:

	Oyster Acute Toxicity Test (Shell Deposition)

NOTICE

This guideline is one of a series of test guidelines established by the
United States Environmental Protection Agency’s Office of Chemical
Safety and Pollution Prevention (OCSPP) for use in testing pesticides
and chemical substances to develop data for submission to the Agency
under the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601, et seq.),
the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (7 U.S.C.
136, et seq.), and section 408 of the Federal Food, Drug and Cosmetic
Act (FFDCA) (21 U.S.C. 346a). Prior to April 22, 2010, OCSPP was known
as the Office of Prevention, Pesticides and Toxic Substances (OPPTS). To
distinguish these guidelines from guidelines issued by other
organizations, the numbering convention adopted in 1994 specifically
included OPPTS as part of the guideline’s number. Any test guidelines
developed after April 22, 2010 will use the new acronym (OCSPP) in their
title.

	The OCSPP harmonized test guidelines serve as a compendium of accepted
scientific methodologies and protocols that are intended to provide data
to inform regulatory decisions under TSCA, FIFRA, and/or FFDCA. This
document provides guidance for conducting the test, and is also used by
EPA, the public, and the companies that are subject to data submission
requirements under TSCA, FIFRA, and/or the FFDCA. As a guidance
document, these guidelines are not binding on either EPA or any outside
parties, and the EPA may depart from the guidelines where circumstances
warrant and without prior notice. At places in this guidance, the Agency
uses the word “should.” In this guidance, the use of “should”
with regard to an action means that the action is recommended rather
than mandatory. The procedures contained in this guideline are strongly
recommended for generating the data that are the subject of the
guideline, but EPA recognizes that departures may be appropriate in
specific situations. You may propose alternatives to the recommendations
described in these guidelines, and the Agency will assess them for
appropriateness on a case-by-case basis.

	For additional information about these test guidelines and to access
these guidelines electronically, please go to  HYPERLINK
"http://www.epa.gov/ocspp" http://www.epa.gov/ocspp  and select “Test
Methods & Guidelines” on the navigation menu. You may also access the
guidelines in  HYPERLINK "http://www.regulations.gov"
http://www.regulations.gov  grouped by Series under Docket ID #s:
EPA-HQ-OPPT-2009-0150 through EPA-HQ-OPPT-2009-0159, and
EPA-HQ-OPPT-2009-0576.

  SEQ CHAPTER \h \r 1 OCSPP 850.1025: Oyster acute toxicity test (shell
deposition)

(a) Scope.

(1) Applicability. This guideline is intended for use in meeting testing
requirements of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) (7 U.S.C. 136, et seq.) and the Toxic Substances Control Act
(TSCA) (15 U.S.C. 2601, et seq.). It describes procedures that, if
followed, would result in data that would generally be of scientific
merit for the purposes described in paragraph (b) of this guideline.

― Hazard Evaluation; Wildlife and Aquatic Organisms, see paragraph
(j)(3) of this guideline); Standard Evaluation Procedure: Acute Toxicity
Test for Estuarine and Marine Organisms (Mollusc 96-Hour Flow-Through
Shell Deposition Study) (see paragraph (j)(4) of this guideline); EPA
Pesticide Reregistration Rejection Rate Analysis: Ecological Effects
(see paragraph (j)(5) of this guideline); and ASTM E729-96 Standard
Guide for Conducting Acute Toxicity Tests on Test Materials with Fishes,
Macroinvertebrates, and Amphibians (see paragraph (j)(1) of this
guideline).

(b) Purpose. This guideline is intended for use in developing data on
the acute toxicity of chemical substances and mixtures (“test
chemicals” or “test substances”) subject to environmental effects
test regulations. This guideline describes an acute toxicity test in
which Eastern oysters, Crassostrea virginica (Gmelin), are exposed to a
test substance in a flow-through system. The Environmental Protection
Agency will use data from this test to assess the hazards and risks a
test substance may present in the aquatic environment.

(c) Definitions. The definitions in OCSPP 850.1000 apply to this test
guideline. In addition, the following more specific definitions apply to
this guideline:

Shell deposition is the measured length of shell growth that occurs
between the time the shell is ground at test initiation and test
termination 96 hours later. The measurement is made from the peripheral
ground edge to the tip of the longest finger of newly deposited shell.
In this guideline, a reduction in shell deposition is used as the
measure of toxicity.

Inhibitory concentration, median (IC50) is the experimentally derived
concentration of test substance in dilution water that would be expected
to cause a 50 percent (%) decrease or inhibition effect on growth of a
group of test organisms under specified exposure conditions. In this
guideline, the effect measured is inhibition of shell deposition.

Umbo is the narrow end (apex) of the oyster shell.

Valve height is the greatest linear dimension of the oyster as measured
from the umbo to the ventral edge of the valves (the farthest distance
from the umbo).

(d) General considerations.

(1) Summary of the test.  Oysters (Crassostrea virginica), which
previously had a portion of the shell periphery ground away, are exposed
to the test substance and to appropriate controls (i.e., dilution water
control and vehicle (solvent) control, if a vehicle is used) for 96
hours, during which observations of any toxic effects are made on the
organisms. At test termination, the increment of new shell growth is
measured on all live oysters. The results of the test are expressed as
the shell deposition 96-hour median inhibition concentration (96-h
IC50), i.e., the concentration resulting in a 50% decrease or inhibition
effect on growth, and the slope of the concentration-response
relationship. Although the 96-h IC50 for shell deposition is the primary
toxicity endpoint, information on other signs of toxicity such as
abnormal appearance and behavior and concentration-response curves is
useful in understanding the toxic response.

(2) General test guidance. The general guidance in OCSPP 850.1000
applies to this guideline except as specifically noted herein.

(3) Range-finding test. A range-finding test is usually conducted to
establish the appropriate test solution concentrations to be used for
the definitive test. In the range-finding test, the test organisms are
generally exposed to a series of widely-spaced concentrations of the
test substance (e.g., 1, 10, 100 milligrams per liter (mg/L)). The
details of the range-finding test do not have to be the same as those of
definitive testing in that the number of replicates, the number of test
organisms, and duration of exposure may be less than that used in
definitive testing. In addition, the types of observations made on test
organisms may not be as detailed or as frequently observed as that of a
definitive test.

(4) Definitive test. The primary goal of the definitive test is to
determine the 96-hour concentration-response curve for shell deposition;
the 96-h IC50, its standard error and 95% confidence interval; and the
slope of the concentration-response curve, its standard error and 95%
confidence interval. A minimum of 5 concentrations of the test
substance, plus appropriate controls, should be tested. Concentrations
should be selected so that: very little shell growth relative to
control(s) occurs in oysters at the highest test concentration; shell
growth is slightly less than control(s) at the lowest test
concentration; and there are at least two additional test concentrations
that bracket the 96-h IC50. Clinical signs of toxicity such as abnormal
appearance and behavior, if any, should be reported. Analytical
confirmation of dissolved test concentrations should be performed as
described in OCSPP 850.1000. Summaries of the test conditions are
presented in Table 1 of this guideline. Test validity elements are
listed in Table 2.

(5) Limit test. In some situations, it is only necessary to ascertain
that the shell deposition 96-h IC50 is above a certain limit (i.e., 96-h
IC50 greater than (>) limit concentration). In a limit test, at least 32
oysters, divided into 4 replicates of 8 organisms each, are exposed to a
single “limit concentration,” with the same number of organisms in
appropriate controls. For most industrial chemicals, the lower of 100
mg/L or the limits of water solubility or dispersion is considered
appropriate as the limit concentration. For pesticides, the lower of 100
milligrams active ingredient per liter (mg a.i./L), when estimated
environmental concentrations are not expected to exceed 100 mg/L, or the
limit of water solubility may be used as the limit concentration. Except
for the number of test concentrations and the number of replicates,
limit tests should follow the same test procedures, have the same
duration as the multiple-concentration definitive test (see Table 1 of
this guideline), and have both a dilution water control and a vehicle
(solvent) control, if a vehicle is used. Limit tests, like definitive
tests, should include analytical confirmation of the dissolved
concentration of the test substance. Clinical signs of toxicity such as
abnormal appearance and behavior, if any, should be reported. If the
effect level for the inhibition of shell growth at the limit
concentration compared to the control(s) is 50% or greater, then a
multiple-concentration 96-hour test should be conducted. For pesticides,
if there is a statistically significant reduction (inhibition) in shell
growth at the limit concentration as compared to the control(s) (i.e.,
no observed effect concentration (NOEC) less than (<) limit
concentration), a multiple-concentration 96-hour test should be
conducted.

(e) Test standards.

(1) Test substance. The substance to be tested should be technical or
reagent grade unless the test is designed to evaluate a specific
formulation, mixture, or end-use product.  For pesticides, if more than
one active ingredient constitutes a technical product, the technical
grade of each active ingredient should be tested separately, in addition
to the combination, if applicable. OCSPP 850.1000 lists the type of
information that should be known about the test substance before testing
and discusses methods for preparation of test solutions.

	(2) Test duration. The test duration is a minimum of 96 hours.

	(3) Test organism.

(i) Species. The test species is the Eastern oyster, Crassostrea
virginica. Oysters used in the same test should be 30 to 50 millimeters
(mm) in valve height and should be as similar in age and size as
possible to reduce variability. The standard deviation of the valve
height should be <20% of the mean. Small individuals are preferred
because they are less affected by temperature and thus continue to grow
in spite of temperature fluctuations as opposed to older individuals
that tend to become less active at temperature extremes. Oysters should
be in a pre-spawn condition of gonadal development prior to and during
the test. This may be determined by direct or histological observation
of the gonadal tissue for the presence of gametes or may be inferred
based upon size and condition. If evidence of spawning is observed
during the test, the test should be repeated.

Oysters may be cultured in the laboratory, purchased from culture
facilities or commercial harvesters, or collected from a natural
population in an unpolluted area free from epizootic diseases. Records
should be kept regarding their source and/or culturing techniques.
Oysters used in the test should be from the same source and from the
same holding and acclimation tanks.

(ii) Holding and acclimation. Oysters should be attended to immediately
upon arrival at the test facility. Oyster shells should be brushed clean
of fouling organisms. Oysters should be held and acclimated in dilution
water from the same origin as that used for testing. If the organisms
arrive in water, the transfer of the oysters to the holding water should
be gradual to reduce stress caused by differences in water quality
characteristics and temperature. Oysters should be held for a period of
time long enough to demonstrate that they are not diseased or stressed
and are capable of obtaining minimum control shell growth after 96
hours. Holding times of 10 to 12 days before testing have been used.
During holding and acclimation, the oysters should not be crowded, and
the dissolved oxygen concentration should be above 60% saturation.
Holding tanks should be kept clean and free of debris. All oysters
should be maintained in dilution water at the test temperature for at
least 48 hours before they are used.

Mortalities should be recorded, and the following recommendations should
be applied:

(A) Mortalities of greater than 10% of the population in the 7 days
directly preceding the test: rejection of entire batch;

(B) Mortalities of between 5 and 10% of the population during the 7 days
directly preceding the test: acclimation/holding continued for
additional 7 days;

	(C) Mortalities of less than 5% of the population during the 7 days
directly preceding the test: acceptance of batch.

(iii) Health status and condition. Oysters should not receive treatment
for disease during a test.  Oysters should not be used in a test:

(A) If more than 5% of the culture or stock dies or shows signs of
stress (e.g., exhibits abnormal behavior; excessive mucus) during the 48
hours preceding the test;

(B) If the shell is cracked, chipped, bored, or gaping;

			(C) If the adductor muscle is damaged during grinding;

(D) If so much of the shell rim has been removed after grinding that an
opening into the shell cavity is visible;

(E) If infested with mudworms (Polydora sp.) or boring sponges (Cliona
celata);

(F) If they have been used in a previous test, either in a treatment or
in a control group.

(iv) Care and handling. Oysters should be handled as little as possible,
but when necessary, it should be done as carefully and as quickly as
possible. To prepare each oyster for testing, within 24 hours of test
initiation (preferably within 1-2 hours of test initiation),
approximately 3 to 5 mm of the shell periphery should be ground away at
the rounded (ventral) end using a small electric disc grinder or other
appropriate device, taking care to remove the shell rim uniformly to
produce a smooth, rounded, blunt profile. The oyster's valves should be
held together tightly during grinding to avoid vibrating the shell and
injuring the adductor muscle.

(v) Diet and feeding. Oysters should be provided enough food to support
survival and growth during holding, acclimation, and testing. Holding
and acclimating oysters in natural seawater that is not expected to
contain disease-causing organisms at adverse concentrations and contains
as much natural phytoplankton as possible is advantageous. Cultured
algae may be added to the water as necessary to support oyster survival
and growth. If natural seawater that is not supplemented with an
additional food source is used, it should not be passed through an
ultraviolet sterilizer or a filter of <20 micrometers (µm). If
unsterilized and unfiltered natural seawater is used without adding
algae, at least 1 liter per hour per individual (L/h/individual) is
usually the minimum flow rate for mollusks of the size 40-50 mm (umbo to
distal valve edge) to provide an adequate food supply that supports the
desired growth rate. If the presence of disease-causing organisms is
suspected in natural seawater, then filtration through a smaller sized
filter and addition of a supplemental algal source to the test system
may be necessary.

	(4) Administration of test substance.

(i) Preparation of test solutions. Preparation of test solutions depends
on the solubility and stability of the test substance. Guidance for
preparation of test solutions, especially for difficult or low
solubility test substances, is provided in OCSPP 850.1000. Dilution
water source and quality used in the test are described in OCSPP
850.1000 and paragraph (e)(7)(vi) of this guideline.

The concentration of vehicle solvent should not exceed 0.1 milliliters
per liter (mL/L). A previous review recommends that solvent
concentrations as low as 0.02 mL/L of dilution water be used (see
paragraph (j)(2) of this guideline).

The pH of stock solutions may be adjusted to match the pH of dilution
water or to a neutral pH if pH change does not affect the stability of
the test substance in water. The pH of test solutions may be adjusted
after the addition of the test substance or stock solution into the
dilution water. However, all pH adjustments need to be made prior to the
addition of test organisms. Hydrochloric acid (HCl) and sodium hydroxide
(NaOH) may be used for this adjustment if warranted.

See additional information about pH during testing in (e)(8)(ii).

(ii) Exposure technique. The test should be conducted using the
flow-through exposure technique. Additional guidance on flow-through
exposures is provided in OCSPP 850.1000.

(iii) Treatment concentrations. At least 5 test solution concentrations
should be for definitive testing, plus the appropriate control(s). A
range-finding test can be used to establish the appropriate test
solution concentrations for the definitive test (see paragraph (d)(3) of
this guideline). For scientifically sound estimates of a given point
estimate (e.g., IC50), test substance concentrations should immediately
bracket the point estimate(s) of concern. OCSPP 850.1000 provides
guidance on selection of test concentrations. For a limit test, there is
a single treatment concentration, plus the appropriate control(s).
Guidance on the limit concentration is provided in paragraph (d)(5) of
this guideline.

(5) Controls. Every test includes a dilution water control and a vehicle
(solvent) control, if a vehicle is used. Controls consist of the same
dilution water, conditions, procedures, and test population as the test
solutions, except that no test substance is added.

 A test is not acceptable if:

(i) More than 10% of the organisms in any control showed signs of
disease, stress (e.g., abnormal behavior, excessive mucus), and/or
death.

(ii) An overall mean of at least 2 mm of new shell growth (i.e., overall
mean of all replicates) was not observed in each control group (dilution
water control and vehicle (solvent) control, if a vehicle was used).

(6) Number of test organisms and replicates. For definitive tests, the
minimum number of test organisms per test concentration is 20 divided
into a minimum of 2 replicates, each with 10 oysters. For limit tests,
the minimum number of test organisms is 32 divided into 4 replicates,
each with 8 oysters. Each test vessel should contain an equal volume of
test solution and an equal number of oysters. Replicate test vessels
should be physically separated, since the test vessel is the
experimental unit.

(i) Loading. The loading rate should not crowd oysters and should permit
adequate circulation of water around each shell while avoiding physical
agitation of the oysters by water currents. Flow rates should be
sufficient to promote adequate oyster shell growth and maintain
environmental conditions. A flow rate of 1 L/h/individual has been
demonstrated to allow for adequate shell growth and is recommended as
the minimum flow rate if using unfiltered natural seawater that is not
supplemented with additional algae.

(ii) Introduction of test organisms. The test should be started by
introducing oysters that have been acclimated to test conditions and
have had approximately 3 to 5 mm of the shell periphery ground away at
the rounded (ventral) end into the test vessels after the test system
has equilibrated. Within a test vessel, the oysters should be spread out
equidistant from one another so that the entire test vessel is used. The
oysters should all be placed with the left (cupped) valve down and the
open, unhinged ends all oriented in the same direction facing the
incoming flow of test solution. Test vessels for treatment levels should
be randomly or indiscriminately located within the test area, and test
organisms should be randomly or indiscriminately distributed among test
vessels. Further guidance is provided in OCSPP 850.1000.

(7) Facilities, apparatuses, and supplies. Normal laboratory equipment
should be used, especially the following:

(i) Facilities. Facilities for culturing, holding, acclimating, and
testing oysters that are well ventilated and free of fumes and
disturbances which may affect the test organisms. There should be
flow-through tanks for holding and acclimating oysters and a system for
culturing algae, if prepared on-site.

(ii) Environmental control equipment. Mechanisms for controlling and
maintaining the water temperature, lighting, salinity, and flow during
the culturing, holding, acclimation and test periods. Apparatus for
aerating dilution water and removing gas bubbles as necessary. Apparatus
for aerating the dilution water in the head box before mixing with the
test substance or delivery to test vessels. An apparatus providing a
30-minute lighting transition period may be needed.

(iii) Water quality testing instruments. Equipment for determination of
water quality characteristics (pH, salinity, temperature, etc.).

(iv) Cleaning of test system. Test substance delivery systems and test
vessels should be cleaned before each test. See OCSPP 850.1000 for
further information.

(v) Test containers and delivery system. Construction materials and
equipment that may contact the stock solution, test solution, or
dilution water should not contain substances that can be leached or
dissolved into aqueous solutions in quantities that can affect the test
results. Construction materials and equipment that contact stock or test
solutions should be chosen to minimize sorption of test substances.
Refer to OCSPP 850.1000 for additional information on appropriate
construction materials. Test vessels, which should be constructed of
chemically inert material, should be of a capacity to maintain the
loading rate and environmental conditions. Test vessels should be
loosely covered to reduce the loss of test solution or dilution water
due to evaporation and to minimize entry of dust and other particles
into the solutions. The flow-through system should contain an
appropriate test substance delivery system.

(vi) Dilution water. A dilution water is acceptable if oysters will
survive in it for the duration of the culturing, holding, acclimation,
and testing periods without showing signs of stress. Clean natural
unfiltered seawater may be used; such water should come from a
thoroughly mixed common source to ensure each oyster is provided equal
amounts of food. Clean artificial seawater or filtered natural seawater
with food (algae) added may be used especially if the presence of
disease organisms is suspected in natural seawater. Natural seawater
should be filtered through a filter with a pore size of <20 µm prior to
use in a test. Artificial seawater can be prepared by adding
commercially available formulations or specific amounts of reagent-grade
chemicals to reagent water (deionized, distilled, or reverse osmosis
water), surface water, or well water. Dechlorinated tap water is not
recommended for preparation of artificial seawater (or dilution of
natural seawater) because some forms of chlorination are difficult to
remove adequately. If dechlorinated tap water is used, recommended
maximum chlorine levels as well as other ways to demonstrate suitability
as a dilution water source are in OCSPP 850.1000.

The recommended salinity is 20 parts per thousand (ppt). However, if
unfiltered natural seawater is used, greater variability may be
unavoidable but still allow for adequate control performance due to the
euryhaline life history of oysters. For unfiltered natural seawater that
is not diluted with freshwater to reduce salinity, salinity of >12 ppt
is recommended with a weekly range in salinity of <5 ppt. For artificial
seawater or natural seawater that is diluted with freshwater, salinity
should be maintainable within a weekly range of 2 ppt.

Dissolved oxygen in the dilution water (prior to use in a test) should
be between 90 and 100% saturation. If necessary, the dilution water can
be aerated before the addition of the test substance.

Measurement of total organic carbon (TOC) or chemical oxygen demand
(COD) in the dilution water at the beginning of the test is recommended,
but at a minimum, TOC and COD should be analyzed periodically in the
dilution water source to document and characterize their magnitude and
variability. For tests with cationic substances, TOC or COD should be
measured at the beginning of the test.

Specifications for dilution water quality and constancy are described in
OCSPP 850.1000.

 (8) Environmental conditions. Environmental parameters during the test
should be maintained as specified below. The number and frequency of
measurements recommended for documenting and confirming the magnitude
and variability of water quality parameters (e.g., temperature,
dissolved oxygen, pH, and salinity) in test solutions during the test
are described in detail in OCSPP 850.1000.

(i) Temperature. The recommended water temperature is 20 °C. During a
given test, the temperature should be constant within plus or minus (±)
2 °C. However, if unfiltered natural seawater that has not been
previously held is used, temporary fluctuations (less than 8 hours) of
±5 °C may occur and be tolerated by oysters (i.e., not affect control
performance) due to their adaptations to fluctuating tidal habitats.

(ii) pH and salinity. The pH should be between 7.5 and 8.5 and vary less
than 1 pH unit during the test within a test vessel and between test
concentrations (including control(s)). For unfiltered natural seawater
that is not diluted with freshwater to reduce salinity, a salinity of
>12 ppt, with a range of <5 ppt, is recommended. For artificial seawater
or natural seawater that is diluted with freshwater, salinity should be
20 ppt and constant within ±2 ppt during the test.

(iii) Lighting and photoperiod. A photoperiod should be selected from
regimes of 12 hours light:12 hours dark to 16 hours light:8 hours dark.
For any given test, the light regime should be constant. Light intensity
should range from 540 to 1080 lux (approximately 50-100 foot-candles
(ft-c)). A 15- to 30-minute transition period between light and dark is
suggested.

(iv) Dissolved oxygen. The dissolved oxygen concentration should be
between 60 and 100% saturation during the test. If aeration is needed to
achieve an appropriate dissolved oxygen level, it should be done before
addition of the test substance. The dilution water may be aerated
vigorously prior to delivery to the test vessels (e.g., in the diluter
head box) such that the dissolved oxygen concentration is at or near 90
to 100% saturation. If the water is heated, precautions should be taken
to ensure that supersaturation of dissolved gases is avoided. Aeration
of the test solutions during the test is not recommended. Gentle
aeration of test vessels during the exposure period is permitted only in
cases where the dissolved oxygen levels are in danger of dropping below
60% saturation. In such cases, assurances should be made that the use of
aeration does not stress the test organisms; test substance
concentrations should be measured during the test to ensure that they
are not affected by the use of aeration; and all treatment and control
vessels should be given the same aeration treatment.

(v) Flow in a flow-through system. During a test, the flow rates should
not vary more than 10% between any one replicate and another. The flow
rate should be sufficient to promote adequate oyster shell growth and
maintain environmental conditions. A flow rate of 1 L/h/individual has
been shown to provide adequate environmental conditions. If unfiltered
natural seawater that is not supplemented with additional algae is used,
then the recommended flow rate is 1 L/hour/individual. It is recommended
that diluter systems be monitored for proper adjustment and operation at
least twice daily throughout the test period to better ensure that the
target test concentrations are achieved and maintained. The flow rate to
each test vessel should be measured at the beginning and end of the
test.

	(9) Observations.

(i) Measurement of test substance. OCSPP 850.1000 describes the
recommended sampling methods, frequency of sampling, and sample
processing (especially of low solubility test substances) for analytical
confirmation of dissolved test concentrations and characterization of
test substance stability throughout the test. The analytical methods
used to measure the amount of dissolved test substance in a sample
should be validated before beginning the test, as described in OCSPP
850.1000, and the relevant method detection limit(s) and limit(s) of
quantification should be reported.

(ii) Test solution appearance. Observations on test solution appearance
and test substance solubility should be made daily and at the beginning
and end of the test. The appearance of surface slicks, precipitates, or
material adhering to the sides of the test vessels or in any part of the
mixing and delivery system should be recorded at a minimum at the
beginning and end of the test and during the test when the test solution
appearance changes.

		(iii) Measures of effect.

(A) Mortality. The oysters should be inspected at least after 24, 48,
72, and 96 hours. An observation period at <12 hours is desirable.
Oysters should be considered dead if touching of the gaping shell
produces no reaction. Dead oysters should be removed from the test
vessels at the time of observation, and mortalities should be recorded.

(B) Appearance and behavior. Visible abnormalities such as loss of
feeding activity (failure to deposit feces), excessive mucus production
(stringy material floating suspended from oysters), spawning, or closure
or gaping of shell should be recorded.

(C) Shell growth. Shell growth is the primary criterion used in this
test to evaluate the toxicity of the test substance. Shell growth
increments in all oysters should be measured after 96 hours of exposure.
The length of the longest “finger” of new shell growth, from the
ground edge to the tip, should be recorded to the nearest 0.1 mm.

(f) Treatment of results.

(1) Summary statistics.

(i) Mortality and shell growth. The number of oysters exposed at test
initiation in each treatment and replicate and the cumulative number of
dead oysters should be summarized in tabular form by time of
observation, treatment, and replicate. Shell growth (mean, standard
deviation) after 96 hours of exposure should be summarized in tabular
form by treatment and replicate.

(ii) Appearance and behavior. The number of oysters exhibiting abnormal
appearance or behavioral symptoms should be summarized in tabular form
by time of observation, treatment, and replicate.

	(2) Percent mortality and shell growth inhibition.

(i) The percent mortality at each treatment level and in the controls at
24, 48, 72, and at test termination (96 hours) should be calculated.

(ii) The mean percent inhibition of shell growth at each treatment level
compared to the control(s) at test termination (96 hours) should be
calculated.

(3) Evaluation of limit test results. If the effect level for the
inhibition of shell growth at the limit concentration compared to the
control(s) is 50% or greater, then a multiple-concentration 96-hour test
should be conducted. For pesticides, if there is a statistically
significant reduction (inhibition) in shell growth at the limit
concentration compared to the control(s) (i.e., NOEC < limit
concentration), then a multiple-concentration 96-hour test should be
conducted.

	(4) Evaluation of multiple-concentration definitive test.

(i) Concentration-response curve, slope, and IC50. Statistical
procedures should be employed to calculate the 96-h IC50 (standard error
and 95% confidence interval) based on reduction in shell deposition. If
a concentration-response curve model was fit to the data to determine
the IC50, the model parameters (e.g., slope) and their uncertainty
estimates (e.g., standard error, 95% confidence interval) should be
recorded.

(ii) NOEC. While calculation of the NOEC and lowest observed effect
concentration (LOEC) is usually not part of the experimental design for
regression-based definitive tests, reporting these values when possible
is useful when testing industrial and pesticide chemicals for
understanding the toxic response. The limit test for shell deposition is
designed for hypothesis testing.

(iii) Statistical methods. Statistical procedures for modeling
continuous data should be used. Additional discussion about endpoints
and statistical procedures can be found in OCSPP 850.1000.

―Summary of Test Conditions for Oyster Acute Toxicity Test (Shell
Deposition)

Test type	Flow-through

Test species	Crassostrea virginica

Test duration	96 hours

Temperature	20 °C (constant during test within ±2 °C)

However, if unfiltered natural seawater that has not been previously
held is used, temporary fluctuations (less than 8 hours) of ±5 °C may
occur and be tolerated by oysters (i.e., not affect control performance)
due to their adaptations to fluctuating tidal habitats.

Light quality	Ambient laboratory illumination

Light intensity	540-1080 lux (approximately 50-100 ft-c)

Photoperiod	Selected from among 12 hours light:12 hours dark to 16 hours
light:8 hours dark schemes

Salinity	Artificial or natural seawater that is diluted with freshwater:
20 ppt (range of ±2 ppt during test);

Unfiltered natural seawater that is not diluted with freshwater to
reduce salinity: >12 ppt (range of <5 ppt during test)

pH	Between 7.5 and 8.5 (constant during test within ±1 pH unit)

TOC	≤2 mg/L

Size of test organisms	30-50 mm in valve height; similar in age and
size; standard deviation of valve height <20% of the mean

Number of organisms per concentration	Multiple-concentration definitive
test : 20 (minimum)

Limit test: 32 (minimum)

Number of replicate test vessels per concentration
Multiple-concentration definitive test: 2 (minimum)

≤0.1 mL/L for recommended solvents (see OCSPP 850.1000)

Measure of effect or measurement endpoint	96-h IC50 based on reduction
in shell growth

(h) Test validity elements. This test would be considered to be
unacceptable or invalid if one or more of the conditions in Table 2
occurred. These parameters are not the only elements considered when
evaluating the acceptability of a test, and it is possible that a test
could be found unacceptable or invalid based on other considerations.
However, except for the conditions listed in Table 2 and in OCSPP
850.1000, it is unlikely that a test will be rejected when there are
only slight variations from guideline environmental conditions and test
design unless the control organisms are significantly affected and/or
significant biases are introduced in defining the magnitude of effect on
measurement endpoints as compared to guideline conditions.  Before
departing significantly from this guideline (such as deviating from the
organism size), the investigator should contact the Agency to discuss
the reason for the departure and the effect the change(s) may have on
test acceptability. In the test report, all departures from the
guideline should be identified, reasons for the changes given, and any
resulting effects on test endpoints noted and discussed.

Table 2. ―Test Validity Elements for the Oyster Acute Toxicity Test
(Shell Deposition)

1. All test vessels were not identical.

2. Treatments were not randomly or indiscriminately assigned to
individual test vessel locations, or individual test organisms were not
randomly or indiscriminately assigned to test vessels.

3. A dilution water control (and vehicle (solvent) control, if a vehicle
was used) was not included in the test.

4. More than 10% of the organisms in either the dilution water or
vehicle (solvent) controls showed signs of disease, stress (e.g., shell
gaping, excessive mucus), and/or death.

5. An overall mean of at least 2 mm of new shell growth (i.e., overall
mean of all replicates) was not observed in each control group (vehicle
(solvent) control and dilution water control).

6. A surfactant or dispersant was used in the preparation of a stock or
test solution. (However, adjuvants may be used when testing pesticide
typical end-use products.)

7. Evidence of spawning was observed.

(i) Reporting.

(1) Background information. Paragraph (k)(1) of OCSPP 850.1000 describes
the minimum background information to be supplied in the report.

(2) Guideline deviations. Provide a statement of the guideline or
protocol followed. Include a description of any deviations from the test
guideline or any occurrences which may have influenced the results of
the test, the reasons for these changes, and any resulting effects on
test endpoints noted and discussed.

	(3) Test substance.

(i) Identification of the test substance: common name, IUPAC and CAS
names, CAS number, structural formula, source, lot or batch number,
chemical state or form of the test substance, purity (i.e., for
pesticides, the identity and concentration of active ingredient(s)), and
radiolabeling, if any, including the location of label(s) and
radiopurity.

(ii) Storage conditions of the test chemical or test substance and
stability of the test chemical or test substance under storage
conditions if stored prior to use.

(iii) Methods of preparation of the test substance and the treatment
concentrations used in the range-finding and definitive tests, or limit
test. Identify whether the nominal concentrations are corrected or
uncorrected for purity of the test substance.

(iv) Physicochemical properties of the test substance such as water
solubility, vapor pressure, UV absorption, pKa, and Kow.

(v) If a vehicle (solvent) is used to prepare stock or test substance
provide: the name and source of the vehicle, the nominal
concentration(s) of the test substance in the vehicle in stock solutions
or mixtures, and the vehicle concentration(s) used in the treatments and
vehicle control.  If different vehicle concentrations are used at
different treatment levels, the report should, at a minimum, identify
the maximum vehicle concentration used. It is helpful to support the
vehicle choice by including a description of any measures that were
taken to identify an appropriate vehicle for use in the test, such as
the types and concentrations of vehicles used and their corresponding
effects on solubility during any preliminary work.

(vi) If a positive control is used, provide the name and source of
positive control and the nominal concentration(s) of the positive
control material in stock solutions or mixtures.

	(4) Test organism.

(i) Scientific name and common name.

		(ii) Method for verifying the species.

(iii) Information about the oysters used in the test: source, culture
practices, and holding and acclimation procedures and conditions,
including acclimation period, water used, feeding history, and health
status (mortality before test initiation and any preventative or disease
treatments).

(iv) Duration of quarantine for test organisms collected from a natural
population.

	(v) For oysters receiving disease treatment, hours prior to testing
with no sign of disease.

		(vi) Age of test organisms and method of confirmation of prespawn
condition.

		(vii) Size of test organisms at test initiation (i.e., mean valve
height).

(5) Test system and conditions. Provide a description of the test system
and conditions used in the definitive or limit test and any preliminary
range-finding tests.

		(i) Description of the test vessels: size, type, material, and fill
volume.

(ii) Description of the exposure technique: flow-through, open or closed
system. A description of the flow-through system, including flow rate
and test vessel turnover rate. For closed systems, a description of the
closed system design. For all systems, a description of the calibration
and validation methods.

(iii) Description of the dilution water and any water pretreatment:
source/type; temperature; salinity; pH; dissolved oxygen; total organic
carbon or chemical oxygen demand; particulate matter; conductivity;
metals, pesticides, and residual chlorine concentrations (mean, standard
deviation, range). Describe the frequency and sample date(s) for
documenting dilution water quality and consistency.

(iv) Use of aeration, if any, and location of aeration within exposure
system (e.g. test solution or dilution water prior to test substance
addition).

		(v) Number of test organisms added to each test vessel at test
initiation.

		(vi) Number of test vessels (replicates) per treatment level and
control(s).

(vii) Methods used for treatment randomization and assignment of test
organisms to test vessels.

		(viii) Date of introduction of test organisms to test solutions and
test duration.

		(ix) Loading rate.

		(x) Photoperiod and light source.

(xi) Detailed information on feeding (e.g., type of feed, source, amount
given, and frequency). Feed should be analyzed periodically to identify
background contaminants such as heavy metals (e.g., arsenic, cadmium,
lead, mercury, and selenium) and persistent pesticides, especially
chlorinated insecticides.

(xii) Methods and frequency of environmental monitoring performed during
the definitive or limit test for test solution temperature, dissolved
oxygen, pH, salinity, and light intensity.

(xiii) Methods and frequency of measuring the dissolved test substance
to confirm exposure concentrations.

(xiv) Methods and frequency of measuring shell growth and observing
mortality or any other toxic symptoms.

(xv) For definitive and limit tests, description of all analytical
procedures, accuracy of the method, method detection limit, and limit of
quantification.

	(6) Results.

(i) Nominal exposure concentrations and a tabulation of test substance
analytical results by treatment group and test vessel (provide raw data)
and descriptive statistics (mean, standard deviation, minimum, maximum,
coefficient of variation).

(ii) Environmental monitoring data results (test solution temperature,
dissolved oxygen, pH, salinity, and light intensity) in tabular form
(provide raw data for measurements not made on a continuous basis) and
descriptive statistics (mean, standard deviation, minimum, maximum).

(iii) For preliminary range-finding test, if conducted, a tabulation of
shell growth (mm) of each oyster and the number and percentage of dead
oysters in each test vessel, for all treatment levels and control(s), at
each observation period. A description and count of any other appearance
or behavioral effects, if recorded, at each treatment level and in the
control(s).

(iv) For limit test, a tabulation of shell growth (mm) of each oyster
and the number and percentage of dead oysters in each test vessel, for
the limit concentration and control(s), at each observation period
(provide the raw data) and descriptive statistics (mean, standard
deviation, minimum, maximum).

(v) For definitive test, a tabulation of shell growth (mm) of each
oyster and the number and percentage of dead oysters in each test
vessel, for all treatment levels and control(s), at each observation
period (provide the raw data) and descriptive statistics (mean, standard
deviation, minimum, maximum).

(vi) For limit and definitive tests, a description and tabulation of
abnormal appearance and behavioral signs of toxicity by test vessel,
treatment, and observation time (provide raw data).

(vii) The percent inhibition of shell growth for organisms in each
replicate test vessel for test concentrations compared to the control(s)
at each observation period.

(viii) Graphs of the concentration-response data for percent inhibition
of shell growth.

(ix) For limit test, conclusion about the 96-h IC50 for shell growth
being above the limit concentration.

(x) For definitive test, where sufficient data exist to fit a model, a
tabulation of the 96-hour slope of the concentration-response curve, its
standard error and 95% confidence interval, and any goodness-of-fit
results.

(xi) For definitive test, the 96-h IC50 value for shell growth, and its
standard error and 95% confidence interval.

		(xii) For definitive test, the 96-hour NOEC for shell growth, if
determined.

(xiii) Description of statistical method(s) used for point estimates,
including the software package for determining IC50 values and fitting
the concentration-response model, and the basis for the choice of
method. Provide results of any goodness-of-fit tests.

(xiv) Description of statistical method(s) used for NOEC and LOEC
determination, including the software package, and the basis for the
choice of the method.

(j) References. The following references should be consulted for
additional background material on this test guideline.

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0(1) American Society for Testing and Materials. ASTM E729-96, Standard
Guide for Conducting Acute Toxicity Tests on Test Materials with Fishes,
Macroinvertebrates, and Amphibians. In Annual Book of ASTM Standards,
Vol. 11.06, ASTM, West Conshohocken, PA. Current edition approved
October 1, 2014.

(2) Hutchinson, T.H., N. Shillabeer, M.J. Winter and D.B. Pickford,
2006. Acute and chronic effects of carrier solvents in aquatic
organisms: A critical review. Aquatic Toxicology, 76, 69-92.

(3) U.S. Environmental Protection Agency, 1982. Pesticide Assessment
Guidelines Subdivision E, Hazard Evaluation: Wildlife and Aquatic
Organisms, Office of Pesticide and Toxics Substances, Washington, DC,
EPA 540/9-82-024.

(4) U.S. Environmental Protection Agency, 1985. Hazard Evaluation
Division Standard Evaluation Procedure, Acute Toxicity Test for
Estuarine and Marine Organisms (Mollusc 96-Hour Flow-Through Shell
Deposition Study). Office of Pesticides Programs, Washington, DC,
EPA-540/9-85-011.

(5) U.S. Environmental Protection Agency, 1994. Pesticides
Reregistration Rejection Rate Analysis: Ecological Effects, Prevention,
Pesticides, and Toxic Substances, Washington, DC, EPA 738-R-94-035

  PAGE   \* MERGEFORMAT  17

  PAGE   \* MERGEFORMAT  i

  PAGE   \* MERGEFORMAT  1


[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Rules and Regulations]
[Pages 33679-33681]
[FR Doc No: 2014-13532]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0882; Directorate Identifier 2013-NE-29-AD;
Amendment 39-17864; AD 2014-12-03]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Rolls-Royce Deutschland Ltd & Co KG (RRD) BR700-725A1-12 turbofan
engines. This AD requires removal of affected fuel metering units
(FMUs) on RRD BR700-725A1-12 engines. This AD was prompted by reports
of wear on the receptors of the double-ended unions in the FMU housing
on BR700-725A1-12 engines causing fuel leakage. We are issuing this AD
to prevent failure of the FMU, which could lead to damage to one or
more engines and damage to the airplane.

DATES: This AD becomes effective July 17, 2014.

ADDRESSES: For service information identified in this AD, contact
Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, Dahlewitz, 15827
Blankenfelde-Mahlow, Germany; phone: 49 0 33-7086-1883; fax: 49 0 33-
7086-3276. You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803. 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-2013-
0882; 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 mandatory continuing airworthiness information
(MCAI), the regulatory evaluation, any comments received, and other
information. The address for the Docket Office (phone:<PHONE_NUMBER>) is
Document Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200

New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Michael Davison, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone: (781) 238-
7156; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to the specified products. The
NPRM was published in the Federal Register on February 14, 2014 (79 FR
8905). The NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Occurrences have been reported of finding wear on the receptors
of the double-ended unions in the Fuel Metering Unit (FMU) housing
on BR700-725A1-12 engines.
    This condition, if not corrected, could lead to fuel leak
resulting in engine in-flight shutdown and consequent reduced
control of the aeroplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 8905, February 14,
2014).

Conclusion

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

Costs of Compliance

    We estimate that this AD affects 24 RRD turbofan engines installed
on aircraft of U.S. registry. We also estimate that it would take about
6 hours per engine to comply with this AD. The average labor rate is
$85 per hour. Required parts cost about $293,960 per engine. Based on
these figures, we estimate the cost of this AD on U.S. operators to be
$7,067,280.

Authority for This Rulemaking

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

Regulatory Findings

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

2014-12-03 Rolls-Royce Deutschland Ltd & Co KG: Amendment 39-17864;
Docket No. FAA-2013-0882; Directorate Identifier 2013-NE-29-AD.

(a) Effective Date

    This AD becomes effective July 17, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Rolls-Royce Deutschland Ltd & Co KG (RRD)
BR700-725A1-12 turbofan engines.

(d) Reason

    This AD was prompted by reports of wear on the receptors of the
double-ended unions in the fuel metering unit (FMU) housing on RRD
BR700-725A1-12 engines causing fuel leakage. We are issuing this AD
to prevent failure of the FMU, which could lead to damage to one or
more engines and damage to the airplane.

(e) Actions and Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) After the effective date of this AD, before the FMU has
accumulated 650 flight hours (FHs) since new, or within 30 days,
whichever occurs later, remove FMU, part number (P/N) G3000FMU02 or
P/N G3000FMU03, and replace it with a part eligible for
installation.
    (2) Thereafter, remove the FMU at intervals not to exceed 650
FHs and replace it with a part eligible for installation.

(f) Installation Prohibition

    After the effective date of this AD, do not install FMU, P/N
G3000FMU02, onto any engine, or install any engine with FMU, P/N
G3000FMU02, onto any airplane.

(g) Definition

    For the purpose of this AD, an FMU eligible for installation is
a new FMU or an FMU with P/N G3000FMU03 that has accumulated fewer
than 650 FHs since installation on any airplane or since last repair
using RRD Alert Non-Modification Service Bulletin (NMSB) No. SB-
BR700-73-A900309, Revision 1, dated November 8, 2013.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, may approve AMOCs for
this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(i) Related Information

    (1) For more information about this AD, contact Michael Davison,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency AD 2013-
0229R1, dated November 21, 2013 for more information. You may
examine the MCAI in the AD docket on the Internet by searching for
it and locating it in Docket No. FAA-2013-0882.
    (3) RRD Alert NMSB No. SB-BR700-73-A900309, Revision 1, dated
November 8, 2013, which is not incorporated by reference in this AD,
can be obtained from RRD, using the contact information in paragraph
(i)(4) of this AD.
    (4) For service information identified in this AD, contact
Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, Dahlewitz, 15827

Blankenfelde-Mahlow, Germany; phone: 49 0 33-7086-1944; fax: 49 0
33-7086-3276.
    (5) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

(j) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on June 3, 2014.
Colleen M. D'Alessandro,
Assistant Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2014-13532 Filed 6-11-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 165 (Tuesday, August 26, 2014)]
[Notices]
[Pages 50926-50927]
[FR Doc No: 2014-20321]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4187-DR; Docket ID FEMA-2014-0003]

Iowa; Amendment No. 1 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Iowa (FEMA-4187-DR), dated August 5, 2014, and related
determinations.

DATES: Effective Date: August 19, 2014.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Iowa is hereby amended to include the following areas
among those areas determined to have been adversely affected by the
event declared a major disaster by the President in his declaration of
August 5, 2014.

    Crawford and Shelby Counties for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--

Disaster Housing Operations for Individuals and Households; 97.050
Presidentially Declared Disaster Assistance to Individuals and
Households--Other Needs; 97.036, Disaster Grants--Public Assistance
(Presidentially Declared Disasters); 97.039, Hazard Mitigation
Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2014-20321 Filed 8-25-14; 8:45 am]
BILLING CODE 9111-23-P