[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Notices]
[Page 67748]
[FR Doc No: 2023-21664]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-11423-01-OAR]

Acid Rain Program: Excess Emissions Penalty Inflation Adjustments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of annual adjustment factors.

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SUMMARY: The Acid Rain Program requires sources that do not meet their
annual Acid Rain emissions limitations for sulfur dioxide
(SO2) or nitrogen oxides (NOX) to pay inflation-
adjusted excess emissions penalties. This document provides notice of
the annual adjustment factors used to calculate excess emissions
penalties for compliance years 2023 and 2024.

FOR FURTHER INFORMATION CONTACT: Jason Kuhns at<PHONE_NUMBER> or
[email protected].

SUPPLEMENTARY INFORMATION: The Acid Rain Program limits SO2
and NOX emissions from fossil fuel-fired electricity
generating units. All affected sources must hold allowances sufficient
to cover their annual SO2 mass emissions, and certain coal-
fired units must meet annual average NOX emission rate
limits. Under 40 CFR 77.6, any source that does not meet these
requirements must pay an excess emissions penalty without demand to the
EPA Administrator. The automatic penalty is computed as the number of
excess tons of SO2 or NOX emitted times a per-ton
penalty amount of $2,000 times an annual adjustment factor, which must
be published in the Federal Register.
    The annual adjustment factor used to compute excess emissions
penalties for compliance year 2023 is 2.377, resulting in an automatic
penalty amount of $4,754 per excess ton of SO2 or
NOX emitted in 2023. In accordance with 40 CFR 77.6(b) and
72.2, this annual adjustment factor is determined from values of the
Consumer Price Index for All Urban Consumers (CPI-U) for August 1989
and August 2022.
    The annual adjustment factor used to compute excess emissions
penalties for compliance year 2024 is 2.464, resulting in an automatic
penalty amount of $4,928 per excess ton of SO2 or
NOX emitted in 2024. This annual adjustment factor is
determined from values of the CPI-U for August 1989 and August 2023.

Rona Birnbaum,
Director, Clean Air Markets Division, Office of Atmospheric Programs,
Office of Air and Radiation.
[FR Doc. 2023-21664 Filed 9-29-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 43 (Wednesday, March 5, 2014)]
[Notices]
[Pages 12558-12562]
[FR Doc No: 2014-04792]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71623; File No. SR-FINRA-2013-050]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Amendment No. 1 and Order Granting
Accelerated Approval of a Proposed Rule Change, as Modified by
Amendment No. 1, Relating to Over-the-Counter Equity Trade Reporting
and OATS Reporting

February 27, 2014.
    On November 12, 2013, the Financial Industry Regulatory Authority,
Inc. (``FINRA'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend the FINRA rules governing the reporting
of (i) over-the-counter (``OTC'') transactions in equity securities to
the

FINRA Facilities; \3\ and (ii) orders in NMS stocks and OTC Equity
Securities to the Order Audit Trail System (``OATS''). The Proposal was
published for comment in the Federal Register on November 29, 2013.\4\
The Commission received one comment on the proposed rule change.\5\ On
January 9, 2014, the Commission extended the time period for Commission
action on the proposal to February 27, 2014.\6\ FINRA responded to the
comment and submitted an amendment to the proposed rule change on
February 14, 2014.\7\ The Commission is approving the proposed rule
change as amended on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Specifically, the FINRA Facilities are the Alternative
Display Facility (``ADF'') and the Trade Reporting Facilities
(``TRF''), to which members report OTC transactions in NMS stocks,
as defined in SEC Rule 600(b) of Regulation NMS; and the OTC
Reporting Facility (``ORF''), to which members report transactions
in ``OTC Equity Securities,'' as defined in FINRA Rule 6420 (i.e.,
non-NMS stocks such as OTC Bulletin Board and OTC Market
securities), as well as transactions in Restricted Equity
Securities, as defined in FINRA Rule 6420, effected pursuant to
Securities Act Rule 144A.
    \4\ See Securities Exchange Act Release No. 70924 (November 22,
2013), 78 FR 71695 (``Notice'').
    \5\ See Letter to Elizabeth M. Murphy, Secretary, Commission,
from Manisha Kimmel, Executive Director, Financial Information
Forum, dated December 20, 2013 (``FIF Letter'').
    \6\ See Securities Exchange Act Release No. 71262 (January 9,
2014), 79 FR 2723 (January 15, 2014).
    \7\ See Letter to Elizabeth M. Murphy, Secretary, Commission,
from Lisa C. Horrigan, Associate General Counsel, FINRA, dated
February 14, 2014 (``FINRA Response'').
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I. Description of the Proposed Rule Change

    FINRA proposes to amend the equity trade reporting rules relating
to reporting: (i) An additional time field for specified trades; (ii)
execution time in milliseconds; (iii) reversals; (iv) trades executed
on non-business days and trades that are more than one year old; and
(v) ``step-outs.'' In addition, FINRA proposes changes in the
processing of trades that are submitted to a FINRA Facility for
clearing as well as technical changes to the rules relating to the OTC
Reporting Facility (``ORF'') and codifying existing OATS guidance
regarding reporting order event times to OATS in milliseconds. FINRA
also proposes several non-substantive technical changes to rules that
are otherwise being amended by this proposed rule change.

Reporting an Additional Time Field

    FINRA rules require that trade reports submitted to the FINRA
Facilities include the time of trade execution, except where another
time is expressly required by rule. With respect to Stop Stock
transactions,\8\ and transactions that reflect an execution price that
is based on a prior reference point in time (``PRP transactions''),
current FINRA rules require that in lieu of the actual time the trade
was executed, members report the time at which the member and the other
party agreed to the Stop Stock price and the prior reference time,
respectively.\9\ FINRA is proposing to require members to include two
times when reporting Stop Stock transactions and PRP transactions: (1)
The time at which the parties agree to the Stop Stock price or the
prior reference time, and (2) the actual time of execution.\10\
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    \8\ ``Stop Stock transaction'' means a transaction resulting
from an order in which a member and another party agree that the
order will be executed at a Stop Stock price or better, which price
is based upon the prices at which the security is trading at the
time the order is received by the member. See Rules 6220, 6320A,
6320B and 6420.
    \9\ See paragraphs (F) and (G) of Rules 6282(a)(4), 6380A(a)(5),
6380B(a)(5) and 6622(a)(5).
    \10\ The rules provide that if the trade is executed within 10
seconds of the time the parties agree to the Stop Stock price or
within 10 seconds of the prior reference time, then the designated
modifier should not be used. FINRA also proposes to amend the rules
to clarify that in this instance, only the actual time of execution
should be reported.
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    In addition, FINRA is proposing to require members to include two
times when reporting block transactions using the Intermarket Sweep
Order (``ISO'') exception (outbound) under SEC Rule 611 (``Order
Protection Rule'') of Regulation NMS. Current FINRA guidance requires
members to use the time that all material terms of the transaction are
known as the execution time in the trade report.\11\ FINRA is proposing
that trade reports reflect both the time the firm routed ISOs and the
execution time, if different. With this additional time in the trade
report, FINRA believes that it will be able to determine better whether
ISOs were properly sent to other trading centers in compliance with the
ISO exception to the Order Protection Rule.\12\
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    \11\ See NASD Member Alert: Guidance Relating to ``Execution
Time'' for Purposes of Compliance with NASD Trade Reporting Rules
(June 13, 2007).
    \12\ See Notice, 78 FR 71696. FINRA also notes that many firms
have requested that they be permitted to provide the additional time
to avoid the appearance of non-compliance with the Order Protection
Rule.
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    FINRA believes that requiring members to report additional time-
related information will ensure a more accurate and complete audit
trail and enhance FINRA's ability to surveil on an automated basis for
compliance with FINRA trade reporting and other rules.\13\ FINRA also
believes that having both times reflected in the trade report will
streamline member reviews and facilitate members' ability to
demonstrate compliance with FINRA and other rules.\14\
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    \13\ Upon implementation of the proposed rule change, any Stop
Stock and PRP transactions that are reported more than 10 seconds
following execution will be marked late. See Notice, 78 FR 71696.
    \14\ See Notice, 78 FR 71699.
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Reporting Time in Milliseconds

    FINRA's trade reporting rules currently require members to report
execution time to the FINRA Facilities in seconds,\15\ while the
execution time for exchange trades is expressed in milliseconds.
Similarly, the OATS rules currently requires members to record order
event times in terms of hours, minutes, and seconds.\16\ FINRA notes
that, because FINRA's audit trails consolidate exchange and OTC trades
for regulatory purposes, sequencing consolidated transactions by
execution time can be difficult with the different time formats,
particularly in active stocks.\17\ To enhance and help bring
consistency to FINRA's audit trail, FINRA is proposing amendments to
require members to express time in milliseconds when reporting trades
to the FINRA Facilities or order information to OATS, if the member's
system captures time in milliseconds.\18\ Members with systems that do
not capture milliseconds will be permitted to continue reporting time
in seconds.\19\
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    \15\ See, e.g., Rules 6282(c)(2)(H), 6380A(c)(5), 6380B(c)(5)
and 6622(c)(5).
    \16\ Although Rule 7440(a)(2) requires order event times to be
recorded to the second, FINRA published guidance in 2011 in
connection with the expansion of OATS to all NMS stocks stating that
firms that capture time in milliseconds should report time to OATS
in milliseconds. See Notice, 78 FR at 71696. The proposed rule
change codifies this guidance into Rule 7440(a)(2).
    \17\ See Notice, 78 FR at 71696. FINRA also notes that the
Intermarket Surveillance Group (``ISG'') consolidated audit trail
can accommodate execution times expressed in milliseconds.
    \18\ See Proposed Rules 6282.04, 6380A.04, 6380B.04, 6622.04,
7130.01, 7230A.01, 7230B.01, 7330.01, and 7440(a)(2).
    \19\ FINRA notes that it expects members that have systems
currently capable of capturing time in milliseconds to continue to
do so and not to make systems changes to revert to seconds unless
they have a legitimate business reason for doing so. FINRA may
review any such systems changes in the course of an inquiry or a
member examination. See Notice, 78 FR at 71696.
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    FINRA believes that where trades are executed by electronic systems
that already capture execution time in milliseconds, it should be
relatively straightforward for members to report such trades to the
FINRA Facilities using milliseconds. Thus, FINRA does not believe that
the proposed requirement would be burdensome for members, nor would it
require them to make significant systems changes. FINRA recognizes,
however, that where trades are executed manually, it would

be more difficult for members to capture milliseconds for purposes of
trade reporting. Accordingly, FINRA believes that it is appropriate not
to require that all members capture and report time in
milliseconds.\20\
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    \20\ FINRA notes that a review of OATS data from October 11,
2013 through October 22, 2013 suggests that, for trade reporting
purposes, a significant number of executing firms have systems that
currently capture execution time in milliseconds and, as a result,
would be subject to the proposed requirement. See Notice, 78 FR at
71696.
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Reporting Reversals

    FINRA rules require that if a trade that was previously reported to
FINRA is cancelled, members must report the cancellation to the same
FINRA Facility to which the trade was originally reported \21\ and must
do so within the time frames set forth in the rules.\22\ Members report
a ``cancellation'' when trades are cancelled on the date of execution
and a ``reversal'' when trades are cancelled on a day after the date of
execution.\23\ Today, when a member reports a reversal of a trade that
was previously reported to a FINRA Facility, there is no requirement
that the member provide information in the reversal report to identify
the original trade. FINRA proposes requiring that members identify the
original trade in the reversal report by including the control number
generated by the FINRA Facility and report date for the original trade
report. FINRA believes that this information will enable FINRA to
better ``link'' reports of reversals with the associated previously
reported trades and thereby allow FINRA to recreate more accurately the
firm's market activity, as well as surveil for compliance with FINRA
trade reporting rules.\24\ FINRA is also proposing several additional
conforming amendments to the rules relating to trade cancellations.\25\
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    \21\ See Rules 7130(d), 7230A(i), 7230B(h) and 7330(h).
    \22\ See, e.g., Rules 6282(j)(2), 6380A(g)(2), 6380B(f)(2), and
6622(f)(2) and (f)(3).
    \23\ See, e.g., Trade Reporting FAQ  305.6, available
at www.finra.org/Industry/Regulation/Guidance/p038942# 305.
    \24\ See Notice, 78 FR at 71699.
    \25\ See Notice, 78 FR at 71697.
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Reporting Non-Business Day Trades and T+365 Trades

    Currently, trades executed on non-business days (i.e., weekends and
holidays) and trades reported more than 365 days after trade date
(T+365) cannot be reported to a FINRA Facility and instead must be
reported on ``Form T'' through FINRA's Firm Gateway.\26\ FINRA is
proposing systems enhancements to enable members to submit reports of
non-business day trades and T+365 trades electronically to the FINRA
Facilities rather than using ``Form T'' to report such trades. As is
the case today, non-business day trades and T+365 trades will not be
submitted to clearing by the FINRA Facility \27\ or disseminated. FINRA
also is proposing to amend the rules to require that members report
non-business day trades on an ``as/of'' basis by 8:15 a.m. the next
business day following execution with the unique trade report modifier
to denote their execution outside normal market hours; trades not
reported by 8:15 a.m. will be marked late.\28\ All T+365 trades will be
reported on an ``as/of'' basis and will be marked late. FINRA believes
that this requirement will ensure that non-business day trades are
properly sequenced for audit trail purposes.\29\
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    \26\ See Rules 6282(a)(5), 6380A(a)(8), 6380B(a)(8) and
6622(a)(8). FINRA also notes that, because these trades are not
reported to a FINRA Facility, they are not captured for purposes of
FINRA's automated surveillance systems, and regulatory fees under
Section 3 of Schedule A to the FINRA By-Laws must be assessed
manually. See Notice, 78 FR at 71697.
    \27\ FINRA is proposing to expressly provide that these trades
will not be submitted to clearing in Rules 7140(b), 7240A(b),
7240B(b) and 7340(b).
    \28\ See Rules 6282(a)(2), 6380A(a)(2), 6380B(a)(2) and
6622(a)(2). FINRA also is proposing to delete the reference to
``T+1'' in subparagraph (D) of these rules because, e.g., the next
business day would be greater than T+1 for a trade that is executed
on a Saturday. See Notice, 78 FR at 71697. FINRA also is proposing a
conforming change to Rule 6622(a)(3) to provide that any Securities
Act Rule 144A transaction in a Restricted Equity Security that is
executed on a non-business day must be reported by the time the ORF
closes the next business day. See id.
    \29\ See Notice, 78 FR 71699.
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Reporting Step-Outs

    Today, members can effectuate a ``step-out'' \30\ by submitting a
clearing-only report to a FINRA Facility. FINRA rules prohibit members
from submitting to a FINRA Facility any non-tape report (including but
not limited to reports of step-outs) associated with a previously
executed trade that was not reported to that FINRA Facility.\31\ For
every step-out, one member is stepping out of (or transferring) the
position and the other member is stepping into (or receiving) the
position. Where both members are submitting a clearing-only report to a
FINRA Facility, each member currently must use the ``step-out''
indicator. FINRA notes that, some clearing firms have requested the
ability to see whether their correspondents are stepping out or
stepping in with respect to such transfers. Accordingly, FINRA is
proposing that, where both sides are submitting a clearing-only report
to effectuate a step-out, the member transferring out of the position
must report a step-out and the member receiving the position must
report a step-in. FINRA believes that the proposed will more accurately
reflect the transfer and will provide greater transparency for clearing
firms whose correspondents effect these transfers.\32\
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    \30\ A step-out allows a member firm to allocate all or part of
a client's position from a previously executed trade to the client's
account at another firm. See Trade Reporting FAQ 301.1, available at
www.finra.org/Industry/Regulation/Guidance/p038942# 301.
    \31\ See Rules 7130(d), 7230A(i), 7230B(h) and 7330(h).
    \32\ See Notice, 78 FR at 71699.
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Trade Processing

    Currently, when firms use the trade acceptance and comparison
process for locking in trades submitted for clearing through the ADF,
FINRA/Nasdaq TRF, and ORF, the reporting party reports the trade and
the contra party subsequently either accepts or declines the trade, and
any trade that has been declined by the contra party is purged from the
system at the end of trade date processing.\33\ FINRA proposes that,
rather than being purged, declined trades will be carried over and
remain available for cancellation or correction by the reporting party
or acceptance by the contra party. Declined trades that are carried
over will not be available for the automatic lock-in process described
in the rules and will not be sent to clearing unless the parties take
action. FINRA also is proposing to codify the existing requirement that
the reporting member must cancel a declined trade that was previously
reported for dissemination purposes to have the trade removed from the
tape.\34\ In addition, FINRA is proposing technical changes to
reorganize and clarify the provisions relating to locking in trades for
clearing and the processing of T+N (also referred to ``as/of'')
trades.\35\ FINRA notes that these proposed trade processing changes
will not impact the way members report to FINRA and will not require
members to make changes to their systems.\36\
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    \33\ See Rules 7140(a), 7240A(b) and 7340(b).
    \34\ See Notice, 78 FR at 71698.
    \35\ See Notice, 78 FR at 71698.
    FINRA also is proposing to include language in new Rule 7240B(b)
clarifying that T+N (or ``as/of'') entries may be submitted until
the FINRA/NYSE TRF closes for the day, i.e., 8:00 p.m. This language
conforms to the language of Rules 7140(b), 7240A(c) and 7340(c) (as
renumbered herein) relating to the other FINRA Facilities.
    \36\ See Notice, 78 FR at 71698.
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ORF Technical Amendments

    FINRA is proposing several additional technical amendments to the
ORF rules. FINRA is proposing to delete unnecessary and obsolete
language from the ORF rules.\37\ FINRA initially

proposed to close the ORF at 6:30 p.m. Eastern Time rather than 8:00
p.m. However, in Amendment No. 1, FINRA proposes to keep the ORF
closing time at 8:00 p.m.
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    \37\ See Notice, 78 FR at 71698.
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Proposed Technical Changes in Amendment No. 1

    FINRA is proposing a number of technical amendments to update
cross-references and make other non-substantive changes to Rules 6282,
7130 and 7140 relating to the ADF as the result of the approval of SR-
FINRA-2013-053.

II. Summary of Comment and Response

Request for Clarification

    The FIF Letter requests clarification on a number of aspects of the
proposed rule change. First, with respect to block transactions, FIF
asks which route time would be expected on the trade report, given
that, when multiple ISOs are routed, the route times could differ by
one or more milliseconds.\38\ FINRA responds that its current guidance
requires members to use the time that all material terms of the
transaction are known as the execution time in the trade report, and
under the proposed rule change, firms will be required to also report
the time that the firm routed the ISOs (if different from the execution
time).\39\ FINRA explains that firms will continue to report the time
that all material terms of the transaction are known in the ``execution
time'' field, and in the new time field (i.e., the reference or ``ISO
time'' field), firms should report the time they used to determine the
ISOs, if any, to route to any better-priced protected quotations
(sometimes referred to as the time the firm takes a ``snapshot'' of the
market).\40\ FINRA notes that, to comply with SEC Rule 611(b)(6), firms
need to utilize an automated system that is capable of ascertaining
current protected quotations and simultaneously routing the necessary
ISOs.\41\ Thus, FINRA expects the ``snapshot'' time and the time that
ISOs are routed to be the same. To the extent that these times differ,
or where multiple ISOs are routed and the route times differ, FINRA
believes that using the ``snapshot'' time in all instances will
eliminate any confusion regarding which time to report.\42\
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    \38\ See FIF Letter at 1.
    \39\ See FINRA Response at 4.
    \40\ See id.
    \41\ See id.
    \42\ Id. at 5.
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    FIF also questions whether report cards and matching will be
maintained at the one-second level rather than at the millisecond
level, noting that currently clocks are required to be synchronized to
within one second of the National Institute of Standards and Technology
(NIST) standard.\43\ FINRA responds that, with respect to report cards,
the determination whether a trade has been reported late will remain at
the second level for firms that report execution time in seconds, and
for firms that report time in milliseconds, the determination will be
made at the millisecond level.\44\ FINRA states that synchronization to
the NIST standard would remain at the second (and not millisecond)
level.\45\ However, FINRA notes that if a firm submits multiple reports
for the same event (e.g., a trade report and an OATS execution report),
FINRA would expect the granularity of the time stamps to be
consistent.\46\
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    \43\ FIF Letter at 1.
    \44\ FINRA Response at 5.
    \45\ See id.
    \46\ See id.
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    FIF asks whether the requirement to include control numbers will be
on a ``go forward basis'' only for T+365 reporting.\47\ FINRA responds
that, in accordance with system requirements, the control number field
will be a required field for all reports of reversals following
implementation.\48\ However, FINRA will validate the control number
only where the original trade was executed after implementation of the
proposed rule change.\49\ Accordingly, when reversing trades that were
executed prior to the implementation of the proposed rule change, firms
will not be required to provide an actual control number and instead
may insert a ``dummy'' number to populate the required field.\50\
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    \47\ See FIF Letter at 2.
    \48\ See FINRA Response at 5.
    \49\ See id.
    \50\ See id.
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    FIF also asks whether Form T will be retired as a result of the
proposed rule change.\51\ FINRA responds that the proposed rule change
requiring firms to report trades executed on non-business days and
T+365 trades to the FINRA Facilities will significantly reduce the need
for Form T.\52\ However, FINRA plan to retain Form T for use in
instances in which firms need to report with Form T (e.g., where the
ticker symbol for the security is no longer available or a market
participant identifier is no longer active).\53\
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    \51\ See FIF Letter at 2.
    \52\ See FINRA Response at 6.
    \53\ See id.
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    FIF questions whether there will be matching on ``step-in'' and
``step-out'' trades.\54\ FINRA responds that the FINRA Facilities that
offer matching will match corresponding ``step-out'' and ``step-in''
submissions, but will not match two ``step-in'' or two ``step-out''
submissions.\55\
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    \54\ See FIF Letter at 2.
    \55\ See FINRA Response at 6.
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    FIF also asks whether declined trades that are corrected and
subsequently accepted are subject to the ``20 minute rule'' for trade
comparison.\56\ FINRA responds that a firm is required to accept or
decline a trade within 20 minutes after execution, and FINRA generally
expects firms to complete the process of accepting or declining a
trade, including any subsequent updates, within that time frame.\57\
FINRA reminds firms that, where the reporting party enters inaccurate
trade information, rather than declining the trade, the contra party
should submit its own correct information within 20 minutes of
execution to be in compliance with the rule.\58\
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    \56\ See FIF Letter at 2.
    \57\ See FINRA Response at 6.
    \58\ See id.
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    FIF also notes its understanding that the millisecond requirement
was not intended to introduce a significant burden on firms and that
only those systems that capture millisecond time stamps in a reportable
format are required to be reported.\59\ FINRA confirms that it is not
mandating that firms start capturing milliseconds and any such proposal
would be subject to a separate rule filing and notice and comment.\60\
However, where a firm's system captures time in milliseconds, FINRA
expects that the system will be capable of reporting in
milliseconds.\61\
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    \59\ See FIF Letter at 2.
    \60\ See FINRA Response at 7.
    \61\ See id.
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ORF Closing Time

    FIF also recommends keeping the 8:00 p.m. closing time for the ORF
to maintain consistency with FINRA's TRFs in order to reduce the
likelihood of errors, allow firms to leverage current workflows and
assist firms in resolving operational issues and completing processing
before the end of the day.\62\ In response to this concern, in
Amendment No. 1, FINRA proposes to maintain the closing time at 8:00
p.m.\63\
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    \62\ See FIF Letter at 2.
    \63\ See FINRA Response at 6-7.
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Implementation Effort/Time Frame

    FIF recommends a nine-month implementation period following
Commission approval contingent upon the release of TRF specifications
within seven months and the availability of a robust test environment
within three

months of the implementation date.\64\ FINRA responds that it believes
that firms will have sufficient time to make the necessary systems
changes for the ORF implementation, currently scheduled on June 2,
2014, and for the implementation no later than September 30, 2014 for
the ADF and TRFs.\65\ FINRA notes that it will announce the
implementation dates in a Regulatory Notice.\66\
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    \64\ See FIF Letter at 2-3.
    \65\ See FINRA Response at 7.
    \66\ See id. FINRA also notes that, pursuant to the original
filing, the proposed amendments to the OATS rules will be
implemented no later than 45 days after Commission approval.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange
and, in particular, with Section 15A(b) of the Act.\67\ In particular,
the Commission finds that the proposed rule change is consistent with
FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\68\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest.
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    \67\ 15 U.S.C. 78o-3(b). In approving this proposed rule change,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \68\ 15 U.S.C. 78o-3(b)(6).
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    FINRA proposes to amend the equity trade reporting rules relating
to reporting: (i) an additional time field for specified trades; (ii)
execution time in milliseconds; (iii) reversals; (iv) trades executed
on non-business days and trades that are more than one year old; and
(v) ``step-outs.'' In addition, FINRA proposes changes in the
processing of trades that are submitted to a FINRA Facility for
clearing as well as technical changes to the rules relating to the OTC
Reporting Facility (``ORF'') and codifying existing OATS guidance
regarding reporting order event times to OATS in milliseconds. The
Commission believes that the proposed changes should enhance FINRA's
audit trail and automated surveillance program, promote more consistent
trade reporting by members, and aid in the detection of violations of
FINRA trade reporting and other rules.
    The Commission notes that FIF submitted a comment letter containing
primarily clarifying questions and that FINRA submitted a response
addressing these clarifying questions. The FIF Letter requested a
substantive change to the proposal--that the ORF closing time remain 8
p.m. In its response in Amendment No. 1, FINRA proposed keeping the ORF
closing time of 8 p.m.
    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with Section 15A(b)(6) of the Act and the
rules and regulations thereunder applicable to a national securities
association.\69\
---------------------------------------------------------------------------

    \69\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether Amendment No. 1
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-FINRA-2013-050 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2013-050. 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 such 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 publicly available. All
submissions should refer to File Number SR-FINRA-2013-050 and should be
submitted on or before [insert date 21 days from publication in the
Federal Register].

V. Accelerated Approval of Proposed Rule Change, as Modified by
Amendment No. 1

    The Commission finds good cause for approving the proposed rule
change, as amended by Amendment No. 1 prior to the 30th day after the
date of publication of notice in the Federal Register. Amendment No. 1
proposes maintaining the current 8:00 p.m. closing time of the ORF and
includes technical amendments to update cross-references and make other
non-substantive changes to Rules 6282, 7130 and 7140 relating to the
ADF as the result of the approval of SR-FINRA-2013-053. Accordingly,
the Commission finds good cause for approving the proposed rule change,
as amended, on an accelerated basis, pursuant to Section 19(b)(2) of
the Act.\70\
---------------------------------------------------------------------------

    \70\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\71\ that the proposed rule change (SR-FINRA-2013-050), is hereby
approved, as modified by Amendment No. 1 on an accelerated basis.
---------------------------------------------------------------------------

    \71\ 15 U.S.C. 78s(b)(2).
    \72\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\72\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-04792 Filed 3-4-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Proposed Rules]
[Pages 54935-54939]
[FR Doc No: 2023-16897]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1651; Project Identifier MCAI-2023-00481-T]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2020-23-10, which applies to certain Dassault Aviation Model FAN JET
FALCON and FAN JET FALCON SERIES C, D, E, F, and G airplanes. AD 2020-
23-10 requires revising the existing maintenance or inspection program,
as applicable, to incorporate new or more restrictive airworthiness
limitations. Since the FAA issued AD 2020-23-10, the FAA has determined
that new or more restrictive airworthiness limitations are necessary.
This proposed AD would continue to require the actions in AD 2020-23-10

and would require revising the existing maintenance or inspection
program, as applicable, to incorporate additional new or more
restrictive airworthiness limitations, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is proposed for incorporation
by reference (IBR). The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by September
28, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1651; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu. It is
also available at regulations.gov under Docket No. FAA-2023-1651.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3226; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1651; Project Identifier
MCAI-2023-00481-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Tom
Rodriguez, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone:<PHONE_NUMBER>; email: [email protected].
Any commentary that the FAA receives that is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

Background

    The FAA issued AD 2020-23-10, Amendment 39-21326 (85 FR 73404,
November 18, 2020) (AD 2020-23-10), for certain Dassault Aviation Model
FAN JET FALCON and FAN JET FALCON SERIES C, D, E, F, and G airplanes.
AD 2020-23-10 was prompted by an MCAI originated by EASA, which is the
Technical Agent for the Member States of the European Union. EASA
issued AD 2019-0141, dated June 17, 2019 (EASA AD 2019-0141) (which
corresponds to FAA AD 2020-23-10), to correct an unsafe condition.
    AD 2020-23-10 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The FAA issued AD 2020-23-10 to
address, among other things, fatigue cracking and damage in principal
structural elements; such fatigue cracking and damage could result in
reduced structural integrity of the airplane.

Actions Since AD 2020-23-10 Was Issued

    Since the FAA issued AD 2020-23-10, EASA superseded AD 2019-0141
and issued EASA AD 2023-0060, dated March 16, 2023 (EASA AD 2023-0060)
(referred to after this as the MCAI), for certain Dassault Aviation
Model FAN JET FALCON and FAN JET FALCON SERIES C, D, E, F, and G
airplanes. The MCAI states that new or more restrictive airworthiness
limitations have been developed.
    The FAA is proposing this AD to address, among other things,
fatigue cracking and damage in principal structural elements; such
fatigue cracking and damage could result in reduced structural
integrity of the airplane. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2023-1651.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0060. This service information
specifies new or more restrictive airworthiness limitations for
airplane structures and safe life limits.
    This proposed AD would also require EASA AD 2019-0141, dated June
17, 2019, which the Director of the Federal Register approved for
incorporation by reference as of December 23, 2020 (85 FR 73404,
November 18, 2020).
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop

in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain certain requirements of AD 2020-23-
10. This proposed AD would also require revising the existing
maintenance or inspection program, as applicable, to incorporate
additional new or more restrictive airworthiness limitations, which are
specified in EASA AD 2023-0060 already described, as proposed for
incorporation by reference. Any differences with EASA AD 2023-0060 are
identified as exceptions in the regulatory text of this AD.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (m)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to retain the IBR of EASA AD 2019-0141 and incorporate
EASA AD 2023-0060 by reference in the FAA final rule. This proposed AD
would, therefore, require compliance with EASA AD 2023-0060 and EASA AD
2019-0141 through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in EASA AD 2023-0060 or EASA AD 2019-0141 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0060 or EASA AD 2019-0141. Service information required by EASA AD
2023-0060 and EASA AD 2019-0141 for compliance will be available at
regulations.gov by searching for and locating Docket No. FAA-2023-1651
after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOCs paragraph under ``Additional AD Provisions.'' This new format
includes a ``New Provisions for Alternative Actions and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action or interval.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 168 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2020-23-10 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
    The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2020-23-10, Amendment 39-21326
(85 FR 73404, November 18, 2020); and
0
b. Adding the following new AD:

Dassault Aviation: Docket No. FAA-2023-1651; Project Identifier
MCAI-2023-00481-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by September 28, 2023.

(b) Affected ADs

    This AD replaces AD 2020-23-10, Amendment 39-21326 (85 FR 73404,
November 18, 2020) (AD 2020-23-10).

(c) Applicability

    This AD applies to Dassault Aviation airplanes specified in
paragraphs (c)(1) and (2) of this AD, certificated in any category,
as identified in European Union Aviation Safety Agency (EASA) AD
2023-0060, dated March 16, 2023 (EASA AD 2023-0060).
    (1) Model FAN JET FALCON airplanes.
    (2) Model FAN JET FALCON SERIES C, D, E, F, and G airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address, among other things, fatigue cracking and
damage in principal structural elements; such fatigue cracking and
damage could result in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Retained Revision of the Existing Maintenance or Inspection
Program, With a New Terminating Action

    This paragraph restates the requirements of paragraph (i) of AD
2020-23-10, with a new terminating action. Except as specified in
paragraph (h) of this AD: Comply with all required actions and
compliance times specified in, and in accordance with, EASA AD 2019-
0141, dated June 17, 2019 (EASA AD 2019-0141). Accomplishing the
revision of the existing maintenance or inspection program required
by paragraph (j) of this AD terminates the requirements of this
paragraph.

(h) Retained Exceptions to EASA AD 2019-0141, With No Changes

    This paragraph restates the exceptions specified in paragraph
(j) of AD 2020-23-10, with no changes.
    (1) The requirements specified in paragraphs (1), (2), (4), and
(5) of EASA AD 2019-0141 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2019-0141 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, to incorporate the ``limitations, tasks and
associated thresholds and intervals'' specified in paragraph (3) of
EASA AD 2019-0141 within 90 days after December 23, 2020 (the
effective date of AD 2020-23-10).
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2019-0141 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2019-0141, or
within 90 days after December 23, 2020 (the effective date of AD
2020-23-10), whichever occurs later.
    (4) The ``Remarks'' section of EASA AD 2019-0141 does not apply
to this AD.

(i) Retained Restrictions on Alternative Actions and Intervals, With a
New Exception

    This paragraph restates the requirements of paragraph (k) of AD
2020-23-10, with a new exception. Except as required by paragraph
(j) of this AD, after the maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals are allowed except as
specified in the provisions of the ``Ref. Publications'' section of
EASA AD 2019-0141.

(j) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0060. Accomplishing the revision of
the existing maintenance or inspection program required by this
paragraph terminates the requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2023-0060

    (1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0060.
    (2) Paragraph (3) of EASA AD 2023-0060 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2023-0060 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2023-0060, or within 90
days after the effective date of this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in
paragraphs (4) and (5) of EASA AD 2023-0060.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0060.

(l) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2023-0060.

(m) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (n) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Dassault Aviation's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(n) Additional Information

    For more information about this AD, contact Tom Rodriguez,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone:<PHONE_NUMBER>; email: [email protected].

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0060,
dated March 16, 2023.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
December 23, 2020 (85 FR 73404, November 18, 2020).
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0141,
dated June 17, 2019.
    (ii) [Reserved]
    (5) For EASA ADs 2023-0060 and 2019-0141, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49

221 8999 000; email [email protected]; website easa.europa.eu. You
may find these EASA ADs on the EASA website at ad.easa.europa.eu.
    (6) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 27, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-16897 Filed 8-11-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]
[Page 34736-34739]
[DOCID:fr18jn08-62]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0489; FRL-8369-1]

FIFRA Scientific Advisory Panel; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

 ACTION: Notice.

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

 SUMMARY: There will be a 3-day meeting of the Federal Insecticide,
Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to
consider and review an evaluation of the common mechanism of action of
pyrethroid pesticides.

 DATES: The meeting will be held on September 9-11, 2008, from
approximately 8:30 a.m. to 5 p.m, eastern time.
    Comments. The Agency encourages that written comments be submitted
by August 26, 2008 and requests for oral comments be submitted by
September 2, 2008. However, written comments and requests to make oral
comments may be submitted until the date of the meeting. Anyone
submitting written comments after August 26, 2008 should contact the
Designated Federal Official (DFO) listed under FOR FURTHER INFORMATION
CONTACT. For additional instructions, see Unit I.C. of the
SUPPLEMENTARY INFORMATION.
    Nominations. Nominations of candidates to serve as ad hoc members
of the FIFRA SAP for this meeting should be provided on or before July
2, 2008.
    Special accommodations. For information on access or services for
individuals with disabilities, and to request accommodation of a
disability, please contact the DFO listed under FOR FURTHER INFORMATION
CONTACT at least 10 days prior to the meeting to give EPA as much time
as possible to process your request.

ADDRESSES: The meeting will be held at the Environmental Protection
Agency, Conference Center - Lobby Level, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, Virginia, 22202.

    Comments. Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0489, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions. Direct your comments to docket ID number EPA-HQ-OPP-
2008-0489. If your comments contain any information that you consider
to be CBI or otherwise protected, please contact the DFO listed under
FOR FURTHER INFORMATION CONTACT to obtain special instructions before
submitting your comments. EPA's policy is that all comments received
will be included in the docket without change and may be made available
on-line at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket. All documents in the docket are listed in a docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in a docket index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at http://www.regulations.gov, or,
if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr.,
Arlington, VA. The hours of operation of this Docket Facility are from
8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays.
The Docket Facility telephone number is<PHONE_NUMBER>.
    Nominations, requests to present oral comments, and requests for
special accommodations. Submit nominations to serve as ad hoc members
of the FIFRA SAP, requests for special seating accommodations, or
requests to present oral comments to the DFO listed under FOR FURTHER
INFORMATION CONTACT.

 FOR FURTHER INFORMATION CONTACT: Joseph E. Bailey, DFO, Office of
Science Coordination and Policy (7201M), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail
addresses<EMAIL_ADDRESS>
 SUPPLEMENTARY INFORMATION:

 I. General Information

 A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to persons who are or may be required to
conduct testing of chemical substances under the Federal Food, Drug,
and Cosmetic Act (FFDCA), FIFRA, and the Food Quality Protection Act of
1996 (FQPA). Since other entities may also be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the DFO
listed under FOR FURTHER INFORMATION CONTACT.

 B. What Should I Consider as I Prepare My Comments for EPA?

    When submitting comments, remember to:
    1. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    2. Follow directions. The Agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified.

C. How May I Participate in this Meeting?

    You may participate in this meeting by following the instructions
in this unit. To ensure proper receipt by EPA, it is imperative that
you identify docket ID number EPA-HQ-OPP-2008-0489 in the subject line
on the first page of your request.
    1. Written comments. The Agency encourages that written comments be
submitted, using the instructions in ADDRESSES, no later than August
26, 2008, to provide the FIFRA SAP the time necessary to consider and
review the written comments. However, written comments are accepted
until the date of the meeting. Persons wishing to submit written
comments at the meeting should contact the DFO listed under FOR FURTHER
INFORMATION CONTACT and submit 30 copies. Anyone submitting written
comments after August 26, 2008 should contact the DFO listed under FOR
FURTHER INFORMATION CONTACT. There is no limit on the extent of written
comments for consideration by the FIFRA SAP.
    2. Oral comments. The Agency encourages that each individual or
group wishing to make brief oral comments to the FIFRA SAP submit their
request to the DFO listed under

FOR FURTHER INFORMATION CONTACT no later than September 2, 2008, in
order to be included on the meeting agenda. Requests to present oral
comments will be accepted until the date of the meeting and, to the
extent that time permits, the Chair of the FIFRA SAP may permit the
presentation of oral comments at the meeting by interested persons who
have not previously requested time. The request should identify the
name of the individual making the presentation, the organization (if
any) the individual will represent, and any requirements for
audiovisual equipment (e.g., overhead projector, 35 mm projector,
chalkboard). Oral comments before the FIFRA SAP are limited to
approximately 5 minutes unless prior arrangements have been made. In
addition, each speaker should bring 30 copies of his or her comments
and presentation slides for distribution to the FIFRA SAP at the
meeting.
    3. Seating at the meeting. Seating at the meeting will be on a
first-come basis.
    4. Request for nominations to serve as ad hoc members of the FIFRA
SAP for this meeting. As part of a broader process for developing a
pool of candidates for each meeting, the FIFRA SAP staff routinely
solicits the stakeholder community for nominations of prospective
candidates for service as ad hoc members of the FIFRA SAP. Any
interested person or organization may nominate qualified individuals to
be considered as prospective candidates for a specific meeting.
Individuals nominated for this meeting should have expertise in one or
more of the following areas: Pyrethroid pesticides; voltage-sensitive
sodium channels; mode of action analysis; motor activity and functional
observational battery; and dose Response modeling. Nominees should be
scientists who have sufficient professional qualifications, including
training and experience, to be capable of providing expert comments on
the scientific issues for this meeting. Nominees should be identified
by name, occupation, position, address, and telephone number.
Nominations should be provided to the DFO listed under FOR FURTHER
INFORMATION CONTACT on or before July 2, 2008. The Agency will consider
all nominations of prospective candidates for this meeting that are
received on or before this date. However, final selection of ad hoc
members for this meeting is a discretionary function of the Agency.
     The selection of scientists to serve on the FIFRA SAP is based on
the function of the panel and the expertise needed to address the
Agency's charge to the panel. No interested scientists shall be
ineligible to serve by reason of their membership on any other advisory
committee to a Federal department or agency or their employment by a
Federal department or agency except the EPA. Other factors considered
during the selection process include availability of the potential
panel member to fully participate in the panel's reviews, absence of
any conflicts of interest or appearance of lack of impartiality,
independence with respect to the matters under review, and lack of
bias. Although, financial conflicts of interest, the appearance of lack
of impartiality, lack of independence, and bias may result in
disqualification, the absence of such concerns does not assure that a
candidate will be selected to serve on the FIFRA SAP. Numerous
qualified candidates are identified for each panel. Therefore,
selection decisions involve carefully weighing a number of factors
including the candidates' areas of expertise and professional
qualifications and achieving an overall balance of different scientific
perspectives on the panel. In order to have the collective breadth of
experience needed to address the Agency's charge for this meeting, the
Agency anticipates selecting approximately 10 ad hoc scientists.
     The FIFRA SAP members are subject to the provisions of 5 CFR part
2634, Executive Branch Financial Disclosure, as supplemented by the EPA
in 5 CFR part 6401. In anticipation of this requirement, prospective
candidates for service on the FIFRA SAP will be asked to submit
confidential financial information which shall fully disclose, among
other financial interests, the candidate's employment, stocks and
bonds, and where applicable, sources of research support. The EPA will
evaluate the candidates financial disclosure form to assess whether
there are financial conflicts of interest, appearance of a lack of
impartiality or any prior involvement with the development of the
documents under consideration (including previous scientific peer
review) before the candidate is considered further for service on the
FIFRA SAP. Those who are selected from the pool of prospective
candidates will be asked to attend the public meetings and to
participate in the discussion of key issues and assumptions at these
meetings. In addition, they will be asked to review and to help
finalize the meeting minutes. The list of FIFRA SAP members
participating at this meeting will be posted on the FIFRA SAP website
at http://epa.gov/scipoly/sap or may be obtained from the OPP
Regulatory Public Docket at http://www.regulations.gov.

 II. Background

 A. Purpose of the FIFRA SAP

    The FIFRA SAP serves as the primary scientific peer review
mechanism of EPA's Office of Prevention, Pesticides and Toxic
Substances (OPTS) and is structured to provide scientific advice,
information and recommendations to the EPA Administrator on pesticides
and pesticide-related issues as to the impact of regulatory actions on
health and the environment. The FIFRA SAP is a Federal advisory
committee established in 1975 under FIFRA that operates in accordance
with requirements of the Federal Advisory Committee Act. The FIFRA SAP
is composed of a permanent panel consisting of seven members who are
appointed by the EPA Administrator from nominees provided by the
National Institutes of Health and the National Science Foundation.
FIFRA, as amended by FQPA, established a Science Review Board
consisting of at least 60 scientists who are available to the
Scientific Advisory Panel on an ad hoc basis to assist in reviews
conducted by the Scientific Advisory Panel. As a peer review mechanism,
the FIFRA SAP provides comments, evaluations and recommendations to
improve the effectiveness and quality of analyses made by Agency
scientists. Members of the FIFRA SAP are scientists who have sufficient
professional qualifications, including training and experience, to
provide expert advice and recommendation to the Agency.

B. Public Meeting

    Pyrethroid pesticide usage has increased in the past decade in
agricultural and residential settings. The Office of Pesticide Programs
is in the early stages of evaluating the potential risks from increased
exposure to these pesticides. As part of this evaluation, OPP is
developing an analysis of the toxicity profiles of these pesticides and
is evaluating whether or not some or all of the pyrethroid pesticides
share a common mechanism of action (i.e., those pesticides that produce
a common toxic effect by a common mechanism of toxicity). The Agency
will be seeking the Scientific Advisory Panel's advice on a set of
scientific issues raised in a draft science policy document proposing
to establish a common mechanism group for the pyrethroid pesticides.
The proposed grouping may include two or more sub-groups. Establishing
a common mechanism group is the first stage toward

developing a cumulative risk assessment as required under the Food
Quality Protection Act. Pending the outcome of this panel review, the
Agency may begin work on the cumulative risk assessment for those
pyrethroid pesticides that are determined to share a common mechanism.
The Agency will be seeking advice from the SAP on the following areas
related to the toxicity of the pyrethroid pesticides:
    1. Interpretation of in vivo motor activity and functional
observational battery;
    2. Interpretation of recent in vitro literature studies involving
sodium, calcium, and chloride channels;
    3. Structural and functional similarities among these chemicals;
and
    4. The variability of animal studies conducted by different routes
of administration and vehicles (e.g., dietary admix or corn oil vehicle
gavage).

C. FIFRA SAP Documents and Meeting Minutes

    EPA's background paper, related supporting materials, charge/
questions to the FIFRA SAP, FIFRA SAP composition (i.e., members and ad
hoc members for this meeting), and the meeting agenda will be available
by mid-August. In addition, the Agency may provide additional
background documents as the materials become available. You may obtain
electronic copies of these documents, and certain other related
documents that might be available electronically, at http://
www.regulations.gov and the FIFRA SAP homepage at http://www.epa.gov/
scipoly/sap.
    The FIFRA SAP will prepare meeting minutes summarizing its
recommendations to the Agency approximately 90 days after the meeting.
The meeting minutes will be posted on the FIFRA SAP website or may be
obtained from the OPP Regulatory Public Docket at http://
www.regulations.gov.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 12, 2008.
Elizabeth Resek
Acting Director, Office of Science Coordination and Policy.
[FR Doc. E8-13773 Filed 6-17-08; 8:45 am]

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