[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Rules and Regulations]
[Pages 35192-35195]
[FR Doc No: 2015-14994]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0492; Directorate Identifier 2013-NM-134-AD;
Amendment 39-18187; AD 2015-12-12]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This AD
was prompted by a report of two cases of heavy (hard to move) aileron
control caused by aileron cables stuck in a clump of ice in the wheel
bay. This AD requires installing drain tubes on the center wing rear
spar. We are issuing this AD to prevent accumulated water near or on
the aileron control cables, which could freeze and result in reduced
control of the airplane.

DATES: This AD becomes effective July 24, 2015.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 24,
2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0492; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Fokker
Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL
Hoofddorp, the Netherlands; telephone: +31 (0)88-6280-350; fax: +31
(0)88-6280-111; email<EMAIL_ADDRESS>Internet http://www.myfokkerfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0492.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply Fokker Services B.V. Model
F.28 Mark 0070 and 0100 airplanes. The NPRM published in the Federal
Register on August 4, 2014 (79 FR 45137). The NPRM was prompted by a
report of two cases of heavy (hard to move) aileron control caused by
aileron cables stuck in a clump of ice in the wheel bay. The NPRM
proposed to require installing drain tubes on the center wing rear
spar. We are issuing this AD to prevent accumulated water near or on
the aileron control cables, which could freeze and result in reduced
control of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2013-0140, dated July 12, 2013 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for all Fokker Services B.V. Model F.28 Mark 0070 and
0100 airplanes. The MCAI states:

    Two cases have been reported of heavy aileron control caused by
aileron cables stuck in a clump of ice in the wheel bay.
Investigation results revealed that, in case of water accumulation
on the top of the center wing torsion box inside the cabin (zones
171 and 172), the water drains through the existing drain holes/gaps
in the web plates on top of the center wing rear spar. The water
could then accumulate in the area where the aileron control cables
are situated. With the freezing temperatures normally encountered
during flight, ice accretion could occur near or even on the aileron
control cables.
    This condition, if not corrected, could result in reduced
control of the aeroplane.
    For the reasons described above, this [EASA] AD requires the
installation of drain tubes on the center wing rear spar.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0492-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 45137, August 4,
2014) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 45137, August 4, 2014) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 45137, August 4, 2014).

Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued Fokker Service Bulletin SBF100-51-
021, dated April 23, 2013, including the following attachments:
     Fokker Parts List Local SB10051021-XU-B, Revision A,
Sequence 1, dated April 10, 2013.
     Fokker Parts List Supply SB10051021-XU-B, Revision A,
Sequence 1, dated April 10, 2013.
     Fokker Parts List Local SB10051021-XU-A, Revision B,
Sequence 1, dated April 10, 2013.
     Fokker Parts List Supply SB10051021-XU-A, Revision B,
Sequence 1, dated April 10, 2013.
     Fokker Manual Change Notification MCNM F100-160, dated
April 23, 2013.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section of this
AD.

Costs of Compliance

    We estimate that this AD affects 4 airplanes of U.S. registry.
    We also estimate that it will take about 8 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts will cost about $1,380 per
product. Based on these figures, we estimate the cost of this AD on
U.S. operators to be $8,240, or $2,060 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0492; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone: 800-
647-5527) is in the ADDRESSES section.

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):

2015-12-12 Fokker Services B.V.: Amendment 39-18187. Docket No. FAA-
2014-0492; Directorate Identifier 2013-NM-134-AD.

(a) Effective Date

    This AD becomes effective July 24, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and
0100 airplanes, certificated in any category, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 51, Standard
Practices/Structures.

(e) Reason

    This AD was prompted by a report of two cases of heavy
(difficult to move) aileron control caused by aileron cables stuck
in a clump of ice in the wheel bay. We are issuing this AD to
prevent accumulated water near or on the aileron control cables,
which could freeze and result in reduced control of the airplane.

(f) Compliance

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

(g) Modification

    Within 36 months after the effective date of this AD, install
water drain tubes on the center wing rear spar, in accordance with
the Accomplishment Instructions of Fokker Service Bulletin SBF100-
51-021, dated April 23, 2013, including the attachments identified
in paragraphs (g)(1) through (g)(5) of this AD.
    (1) Fokker Parts List Local SB10051021-XU-B, Revision A,
Sequence 1, dated April 10, 2013.
    (2) Fokker Parts List Supply SB10051021-XU-B, Revision A,
Sequence 1, dated April 10, 2013.
    (3) Fokker Parts List Local SB10051021-XU-A, Revision B,
Sequence 1, dated April 10, 2013.
    (4) Fokker Parts List Supply SB10051021-XU-A, Revision B,
Sequence 1, dated April 10, 2013.
    (5) Fokker Manual Change Notification MCNM F100-160, dated April
23, 2013.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Fokker Services B.V.'s
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.

(i) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
EASA AD 2013-0140, dated July 12, 2013, for related information.
This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0492-0002.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Fokker Service Bulletin SBF100-51-021, dated April 23, 2013,
including the attachments identified in paragraphs (j)(2)(i)(A)
through (j)(2)(i)(E) of this AD.
    (A) Fokker Parts List Local SB10051021-XU-B, Revision A,
Sequence 1, dated April 10, 2013.
    (B) Fokker Parts List Supply SB10051021-XU-B, Revision A,
Sequence 1, dated April 10, 2013.
    (C) Fokker Parts List Local SB10051021-XU-A, Revision B,
Sequence 1, dated April 10, 2013.
    (D) Fokker Parts List Supply SB10051021-XU-A, Revision B,
Sequence 1, dated April 10, 2013.
    (E) Fokker Manual Change Notification MCNM F100-160, dated April
23, 2013.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130
EL Hoofddorp, the Netherlands; telephone: +31 (0)88-6280-350; fax:
+31 (0)88-6280-111; email<EMAIL_ADDRESS>Internet
http://www.myfokkerfleet.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 10, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-14994 Filed 6-18-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Notices]
[Pages 10921-10923]
[FR Doc No: 2023-03611]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2022-0043; OMB No. 1660-0002]

Agency Information Collection Activities: Submission for OMB
Review, Comment Request; Disaster Assistance Registration

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 30 Day notice of revision and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission seeks comments
concerning changes to modernize and simplify the disaster assistance
registration. The changes will reduce the burden on survivors by only
requiring them to answer questions based on the type of assistance they
need. This will also reduce the amount of time it takes for survivors
to apply either online, or through a call center, therefore allowing
call center agents to assist survivors more quickly. The notice also
includes FEMA documenting all post-registration contacts, including
callouts, casework, and auto-dialers performed for the purpose of
determining whether disaster assistance applicants have unmet needs and
may be eligible for additional assistance and/or share the results of
those contacts directly with external stakeholders, such as state or
local government partners, who can potentially assist those same
applicants with assistance or services not provided by FEMA through
specific programs directly targeted to disaster survivors.

DATES: Comments must be submitted on or before March 24, 2023.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Information Management Division, 500 C Street SW, Washington, DC 20472,
email address: [email protected] or
Brian Thompson, Supervisory Program Specialist, FEMA, Recovery
Directorate at<PHONE_NUMBER> or [email protected].

SUPPLEMENTARY INFORMATION: The Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Pub. L. 93-288, as amended) (the Stafford
Act) is the legal basis for FEMA to provide financial assistance and
services to individuals who apply for disaster assistance benefits in
the event of a Presidentially-declared disaster. Regulations in title
44 CFR, subpart D, ``Federal Assistance to Individuals and
Households,'' implement the policy and procedures set forth in section
408 of the Stafford Act. Housing Assistance (HA) is a provision of the
Individuals and Households Program (IHP), authorized by section 408(c)
of the Stafford Act. There are two forms of assistance: financial and
direct. Financial Housing Assistance refers to funds provided to
eligible applicants for temporary lodging expenses, rental of temporary
housing, or repair or replacement of a damaged primary residence.
Direct Temporary Housing Assistance includes providing Temporary
Housing Units (THU) through Multi-Family Lease or Repair (MLR) or
Direct Lease, or placing transportable temporary housings (TTHU), such
as manufactured housing units (MHU) and recreational vehicles or travel
trailers, on private, commercial, or group sites. This program provides
financial assistance and, if necessary, direct assistance to eligible
individuals and households who, as a direct result of a major disaster,
have necessary expenses and serious needs that are unable to be met
through other means. Individuals and households may apply for
assistance through the Registration Intake (RI) process under the IHP
in person, via telephone, or the internet. FEMA provides financial
assistance under

Other Needs Assistance to individuals or households affected by a major
disaster to meet disaster-related medical, dental, funeral, childcare,
personal property, transportation, moving and storage expenses, and
other necessary expenses or serious needs resulting from a major
disaster under section 408(e)(1) of the Stafford Act.
    The changes to the following forms support Executive Order 14058,
Transforming Federal Customer Experience and Service Delivery to
Rebuild Trust in Government. The changes will rebuild trust in the
Federal Government by promoting transparency of FEMA's Disaster
Assistance application process. The major changes are:
     FEMA Forms FF-104-FY-21-123 (formerly 009-0-1T, English)
and FF-104-FY-21-123-A (formerly 009-0-1T, Spanish), Tele-Registration
Application for Disaster Assistance are being removed due to the
addition of the ten Streamline Registration Intake flows. Those ten
flows are:

[cir] Home damage
[cir] Personal property damage
[cir] Vehicle damage
[cir] Emergency needs
[cir] Essential utilities outage
[cir] Funeral expenses
[cir] Childcare expenses
[cir] Lodging expenses
[cir] Medical or Dental expenses
[cir] Expenses for miscellaneous items (e.g., chainsaws, generators,
etc.)

     FEMA Form FF-104-FY-21-123-FA (English), Tele-
Registration, is being removed and replaced with FEMA Form FF-104-FY-
22-260, Streamline Registration Intake for Funeral Expenses, Disaster
Assistance Registration.
     FEMA Forms FF-104-FY-21-123 (formerly 009-0-1T, English)
and FF-104-FY-21-123-A (formerly 009-0-1T, Spanish), Tele-Registration
Application for Disaster Assistance are being removed due to the
addition of the Streamline RI flows and will be replaced by the
following:

[cir] FEMA Form FF-104-FY-22-255, Streamline Registration Intake for
Home Damage, Disaster Assistance Registration
[cir] FEMA Form FF-104-FY-22-256, Streamline Registration Intake for
Personal Property Damage, Disaster Assistance Registration
[cir] FEMA Form FF-104-FY-22-257, Streamline Registration Intake for
Vehicle Property Damage, Disaster Assistance Registration
[cir] FEMA Form FF-104-FY-22-258, Streamline Registration Intake for
Emergency Needs, Disaster Assistance Registration
[cir] FEMA Form FF-104-FY-22-259, Streamline Registration Intake for
Essential Utilities Outage, Disaster Assistance Registration
[cir] FEMA Form FF-104-FY-22-260, Streamline Registration Intake for
Funeral Expenses, Disaster Assistance Registration
[cir] FEMA Form FF-104-FY-22-261, Streamline Registration Intake for
Childcare Expenses, Disaster Assistance Registration
[cir] FEMA Form FF-104-FY-22-262, Streamline Registration Intake for
Lodging Expenses, Disaster Assistance Registration
[cir] FEMA Form FF-104-FY-22-263, Streamline Registration Intake for
Medical or Dental Expenses, Disaster Assistance Registration
[cir] FEMA Form FF-104-FY-22-264, Streamline Registration Intake for
Expenses for Miscellaneous Items (e.g., chainsaws, generators, etc.),
Disaster Assistance Registration

     COVID-19 Funeral Assistance being removed from FEMA
Template FT-104-FY-22-101 Request for Information (RFI)--Funeral
Assistance (English).
    In documenting all post-registration callouts, auto-dialer contacts
and subsequent collection of data, FEMA can determine whether
applicants have unmet needs, can process the applicant for financial or
direct assistance sharing the results of those contacts directly with
external stakeholders. This data is specifically used for FEMA and its
stakeholders to determine whether assistance is warranted.
    This proposed information collection previously published in the
Federal Register on November 28, 2022, at 87 FR 73018 with a 60-day
public comment period. One public comment was received, but is
considered not germane to this collection because it was incomplete.
The purpose of this notice is to notify the public that FEMA will
submit the information collection abstracted below to the Office of
Management and Budget for review and clearance.

Collection of Information

    Title: Disaster Assistance Registration.
    Type of Information Collection: Extension, with change, of a
currently approved information collection.
    OMB Number: 1660-0002.
    FEMA Forms: FEMA Form FF-104-FY-21-122 (formerly 009-0-1
(English)), Paper Application, Disaster Assistance Registration; FEMA
Form FF-104-FY-21-122-A (formerly 009-0-2 (Spanish)), Solicitud en
Papel, Registro Para Asistencia De Desastre; FEMA Form FF-104-FY-21-123
(formerly 009-0-1T (English)), Tele-Registration, Disaster Assistance
Registration; FEMA Form FF-104-FY-21-123-A (formerly 009-0-1T
(Spanish)), Tele-Registration, Registro Para Asistencia De Desastre;
FEMA Form FF-104-FY-21-125 (formerly 009-0-1Int (English)), internet,
Disaster Assistance Registration; FEMA Form FF-104-FY-21-125-A
(formerly 009-0-2Int (Spanish)), internet, Registro Para Asistencia De
Desastre; FEMA Form FF-104-FY-21-127 (formerly 009-0-5 (English)),
Manufactured Housing Unit Revocable License and Receipt for Government
Property (Revocable License); FEMA Form FF-104-FY-21-127-A (formerly
009-0-6 (Spanish)), Licencia Revocable para la Unidad de Vivienda
Temporera y Recibo para el uso de Propiedad del Govierno (Licencia
Revocable); FEMA Form FF-104-FY-21-128 (formerly 009-0-3 (English)),
Declaration and Release; FEMA Form FF-104-FY-21-128-A (formerly 009-0-4
(Spanish)), Declaracion Y Autorizacion; FEMA Form FF-104-FY-22-255,
Streamline Registration Intake for Home Damage, Disaster Assistance
Registration; FEMA Form FF-104-FY-22-256, Streamline Registration
Intake for Personal Property Damage, Disaster Assistance Registration;
FEMA Form FF-104-FY-22-257, Streamline Registration Intake for Vehicle
Property Damage, Disaster Assistance Registration; FEMA Form FF-104-FY-
22-258, Streamline Registration Intake for Emergency Needs, Disaster
Assistance Registration; FEMA Form FF-104-FY-22-259, Streamline
Registration Intake for Essential Utilities Outage, Disaster Assistance
Registration; FEMA Form FF-104-FY-22-260, Streamline Registration
Intake for Funeral Expenses, Disaster Assistance Registration; FEMA
Form FF-104-FY-22-261, Streamline Registration Intake for Childcare
Expenses, Disaster Assistance Registration; FEMA Form FF-104-FY-22-262,
Streamline Registration Intake for Lodging Expenses, Disaster
Assistance Registration; FEMA Form FF-104-FY-22-263, Streamline
Registration Intake for Medical or Dental Expenses, Disaster Assistance
Registration; FEMA Form FF-104-FY-22-264, Streamline Registration
Intake for Expenses for Miscellaneous Items (e.g., chainsaws,
generators, etc.), Disaster Assistance Registration; FEMA Template FT-
104-FY-22-101, Request for Information (RFI)--Funeral Verification;
FEMA Template FT-104-FY-22-102, Request for Information (RFI)--
Ownership Verification; FEMA Template FT-104-FY-22-103, Request for
Information

(RFI)--Occupancy Verification; and FEMA Template FT-104-FY-22-104,
Request for Information (RFI)--Medical, Dental, Disability-
Accessibility-Related Items.
    Abstract: The forms in this collection are used to obtain pertinent
information to provide financial assistance, and if necessary, direct
assistance to eligible individuals and households who, as a direct
result of a disaster or emergency, have uninsured or under-insured,
necessary or serious expenses they are unable to meet. This revision of
a currently approved information collection will improve the
applicant's experience with the disaster assistance registration
process by providing a simpler, more intuitive interface and limiting
required responses to those needed based on their needs. These changes
will rebuild trust in the Federal Government by promoting transparency
of FEMA's Disaster Assistance application process.
    Affected Public: Individuals or households.
    Estimated Number of Respondents: 1,684,234.
    Estimated Number of Responses: 1,684,234.
    Estimated Total Annual Burden Hours: 476,030.
    Estimated Total Annual Respondent Cost: $19,331,577.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: 33,303,400.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2023-03611 Filed 2-21-23; 8:45 am]
BILLING CODE 9111-24-P


[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Notices]
[Pages 26556-26557]
[FR Doc No: 2012-10853]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-E-0139]

Determination of Regulatory Review Period for Purposes of Patent
Extension; EQUIDONE GEL

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) has determined the
regulatory review period for EQUIDONE GEL and is publishing this notice
of that determination as required by law. FDA has made the
determination because of the submission of an application to the
Director of Patents and Trademarks, Department of Commerce, for the
extension of a patent which claims that animal drug product.

ADDRESSES: Submit electronic comments to http://www.regulations.gov.
Submit written petitions along with three copies and written comments
to the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:  Beverly Friedman, Office of
Regulatory Policy, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 51, Rm. 6284, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term
Restoration Act of 1984 (Pub. L. 98-417) and the Generic Animal Drug
and Patent Term Restoration Act (Pub. L. 100-670) generally provide
that a patent may be extended for a period of up to 5 years so long as
the patented item (human drug product, animal drug product, medical
device, food additive, or color additive) was subject to regulatory
review by FDA before the item was

marketed. Under these acts, a product's regulatory review period forms
the basis for determining the amount of extension an applicant may
receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For animal drug products, the
testing phase begins on the earlier date when either a major
environmental effects test was initiated for the drug or when an
exemption under section 512(j) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360b(j)) became effective and runs until the approval
phase begins. The approval phase starts with the initial submission of
an application to market the animal drug product and continues until
FDA grants permission to market the drug product. Although only a
portion of a regulatory review period may count toward the actual
amount of extension that the Director of Patents and Trademarks may
award (for example, half the testing phase must be subtracted as well
as any time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for an animal
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(4)(B).
    FDA approved for marketing the animal drug product EQUIDONE GEL
(domperidone). EQUIDONE GEL is indicated for prevention of fescue
toxicosis in periparturient mares. Subsequent to this approval, the
Patent and Trademark Office received a patent term restoration
application for EQUIDONE GEL (U.S. Patent No. 5,372,818) from Dechra,
Ltd., and the Patent and Trademark Office requested FDA's assistance in
determining this patent's eligibility for patent term restoration. In a
letter dated April 26, 2011, FDA advised the Patent and Trademark
Office that this animal drug product had undergone a regulatory review
period and that the approval of EQUIDONE GEL represented the first
permitted commercial marketing or use of the product. Thereafter, the
Patent and Trademark Office requested that FDA determine the product's
regulatory review period.
    FDA has determined that the applicable regulatory review period for
EQUIDONE GEL is 6,378 days. Of this time, 6,336 days occurred during
the testing phase of the regulatory review period, while 42 days
occurred during the approval phase. These periods of time were derived
from the following dates:
    1. The date an exemption under section 512(j) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360b(j)) became effective: March 26,
1993. The applicant claims February 24, 1992, as the date the
investigational new animal drug application (IND) became effective.
However, the date that a major health or environmental effects test is
begun or the date on which the Agency acknowledges the filing of a
notice of claimed investigational exemption (NCIE) for a new animal
drug, whichever is earlier, is the effective date for the IND.
According to FDA records, the applicant's first submission of an NCIE
was March 26, 1993, which is the effective date for the IND.
    2. The date the application was initially submitted with respect to
the animal drug product under section 512 of the Federal Food, Drug,
and Cosmetic Act: July 30, 2010. The applicant claims July 27, 2010, as
the date the new animal drug application (NADA) for EQUIDONE GEL (NADA
141-314) was initially submitted. However, a review of FDA records
reveals that the date of FDA's official acknowledgement letter
assigning a number to NADA 141-314 was July 30, 2010, which is
considered to be the initially submitted date for NADA 141-314.
    3. The date the application was approved: September 9, 2010. FDA
has verified the applicant's claim that NADA 141-314 was approved on
September 9, 2010.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the U.S.
Patent and Trademark Office applies several statutory limitations in
its calculations of the actual period for patent extension. In its
application for patent extension, this applicant seeks 5 years of
patent term extension.
    Anyone with knowledge that any of the dates as published are
incorrect may submit to the Division of Dockets Management (see
ADDRESSES) either written or electronic comments and ask for a
redetermination by July 3, 2012. Furthermore, any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period
by October 31, 2012. To meet its burden, the petition must contain
sufficient facts to merit an FDA investigation. (See H. Rept. 857, part
1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in the
format specified in 21 CFR 10.30.
    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) electronic or written comments and written petitions.
It is only necessary to send one set of comments. However, if you
submit a written petition, you must submit three copies of the
petition. Identify comments with the docket number found in brackets in
the heading of this document.
    Comments and petitions that have not been made publicly available
on http://www.regulations.gov may be viewed in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: April 16, 2012.
Jane A. Axelrad,
Associate Director for Policy, Center for Drug Evaluation and Research.
[FR Doc. 2012-10853 Filed 5-3-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 79, Number 196 (Thursday, October 9, 2014)]
[Notices]
[Page 61077]
[FR Doc No: 2014-24105]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR14-42-000]

Dakota Access, LLC; Energy Transfer Crude Oil Company, LLC;
Notice of Petition for Declaratory Order

    Take notice that on September 26, 2014, pursuant to Rule 207(a)(2)
of the Commission's Rules of Practices and Procedure, 18 CFR
385.207(a)(2)(2014), Dakota Access, LLC (Dakota Access) and Energy
Transfer Crude Oil Company, LLC (ETCO, and together with Dakota Access,
Petitioners) filed a petition for declaratory order seeking approval of
the specified rate structures, terms of service, and prorationing
methodology for the proposed Dakota Access pipeline project (the DAPL
Project) and the proposed Energy Transfer Crude Oil pipeline project
(the ETCO Project), (collectively, the Bakken Oil Projects), all as
more fully explained in the petition.
    Any person desiring to intervene or to protest in this proceedings
must file in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
will be considered by the Commission in determining the appropriate
action to be taken, but will not serve to make protestants parties to
the proceeding. Anyone filing a motion to intervene or protest must
serve a copy of that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on October 24, 2014.

    Dated: October 2, 2014.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-24105 Filed 10-8-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Proposed Rules]
[Pages 73744-73748]
[FR Doc No: 2013-29310]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0268; Directorate Identifier 2011-NM-129-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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

SUMMARY: We are revising an earlier supplemental notice of proposed
rulemaking (SNPRM) for all The Boeing Company Model 737-600, -700, -
700C, -800, -900 and -900ER series airplanes. The SNPRM proposed to
require inspecting for a serial number that starts with the letters
``SAIC'' on the left- and right-side horizontal stabilizer
identification plate; inspecting for correct bolt protrusion and
chamfer of the termination fitting bolts of the horizontal stabilizer
rear spar, if necessary; inspecting to determine if certain bolts are
installed, if necessary; and doing related investigative and corrective
actions if necessary. The SNPRM was prompted by reports of incorrectly
installed bolts common to

the rear spar termination fitting on the horizontal stabilizer. This
action revises the SNPRM by revising the applicable thresholds from
flight cycles on the airplane to flight cycles accumulated on the
affected horizontal stabilizer. We are proposing this SNPRM to prevent
loss of structural integrity of the horizontal stabilizer attachment
and loss of control of the airplane. Since these actions impose an
additional burden over that proposed in the earlier SNPRM, we are
reopening the comment period to allow the public the chance to comment
on these proposed changes.

DATES: We must receive comments on this SNPRM by January 23, 2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-
917-6440; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0268;
Directorate Identifier 2011-NM-129-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 by adding an AD that would apply to certain The
Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes. The SNPRM published in the Federal Register on March
7, 2013 (78 FR 14734). The notice of proposed rulemaking (NPRM)
published in the Federal Register on March 20, 2012 (77 FR 16188). The
SNPRM added airplanes to the applicability of the NPRM, which proposed
to require inspecting for a serial number that starts with the letters
``SAIC'' on the left- and right-side horizontal stabilizer
identification plate; inspecting for correct bolt protrusion and
chamfer of the termination fitting bolts of the horizontal stabilizer
rear spar, if necessary; inspecting to determine if certain bolts are
installed, if necessary; and doing related investigative and corrective
actions if necessary.

Actions Since First SNPRM Was Issued

    Since we issued the first SNPRM (78 FR 14734, March 7, 2013), we
have determined that the applicable thresholds need to be revised from
flight cycles on the airplane to flight cycles accumulated on the
affected horizontal stabilizer.

Comments

    We gave the public the opportunity to comment on the first SNPRM
(78 FR 14734, March 7, 2013). The following presents the comments
received on the first SNPRM and the FAA's response to each comment.

Request To Revise Applicability

    Boeing requested that the applicability of the first SNPRM (78 FR
14734, March 7, 2013) be revised to apply only to the airplanes
specified in Boeing Service Bulletin 737-55-1090, dated March 30, 2011,
and that the FAA establish operator responsibility in lieu of revising
the applicability to include all line numbers. Boeing stated that it is
the operators' responsibility to maintain records, including flight
cycles on principal structural elements, and that the horizontal
stabilizer is not designed as a rotable part and no interchangeability
notes are included on drawings.
    We disagree. In the comments to the NPRM (77 FR 16188, dated March
20, 2012), one operator commented that stabilizers are rotated among
airplanes. Therefore, the applicability of the NPRM was incorrect. The
first SNPRM (78 FR 14734, March 7, 2013) was issued to open the
applicability to ``all'' affected airplane models to address the
possibility that stabilizers have been (or can be) rotated among the
fleet. Even if an operator knows the stabilizer has been rotated to
another airplane, if that airplane is not included in the applicability
of this proposed second SNPRM, there would be no requirement to inspect
that stabilizer; hence, this SNPRM should apply to all The Boeing
Company Model 737-600, -700, -700C, -800, -900 and -900ER series
airplanes. Although the Boeing comment stated that the stabilizers are
not designed to be a rotable part, we note that Boeing Document
D042A525, ``Compliance Document and Repair Evaluation Guidelines,
Damage Tolerance Data for Repairs and Alterations - 14CFR 26 Subpart
F,'' applicable to the 737-600/700/700C/800/900/900ER fleet, does
include the horizontal stabilizer in the listing of Replaceable
Structural Components requiring consideration for compliance with
section 121.1109(c)(2) or section 129.109(b)(2) of the Federal Aviation
Regulations (14 CFR 121 or 14 CFR 129), as applicable. We have not
changed this second SNPRM in this regard.

Request To Revise Compliance Time

    Boeing requested that the FAA establish operator responsibility by
adding the following note to the AD:

    Initial inspection (threshold) and intervals are measured in
flight cycles or flight hours that a particular principle structural
element (PSE) detail has accumulated regardless of what the airframe
as a whole has accumulated. Most PSE details have never been
replaced and therefore have accumulated the same flight cycles and
flight hours as the airframe. Some PSE details are replaced, such as
when installing Removable Structural Components (repairable/rotable/
expendables) or installing used structural parts as a repair. In
these cases the PSE details have accumulated flight cycles and
flight hours that may be different than the airframe. The operator
must account for this in determining when inspections must be done.
In determining the PSE flight cycles or flight hours, operators may
use the process defined in Advisory Circular 120-93.

    Boeing also proposed to add the note to Boeing Service Bulletin
737-55-1090, dated March 30, 2011. Boeing stated that the note is in
use in the 737 Maintenance Planning Data (MPD) Section 9, Airworthiness
Limitations D926A001-CMR, as well as the MPD Airworthiness Limitations
sections of other Boeing models, to address FAA concerns about
operators interchanging parts during maintenance that Boeing had never
intended to be rotable.
    We partially agree. We agree with clarifying the compliance time
for the requirements of paragraphs (g) and (h) of this second SNPRM by
specifying total flight cycles accumulated on the horizontal
stabilizer. Inspection thresholds measured in ``total flight cycles''
must be the number of total flight cycles accumulated on the principal
structural element, which may differ from airframe cycles if the
horizontal stabilizer has been rotated to a different airplane. We have
added paragraph (i) to this second SNPRM to clarify that the compliance
times for paragraphs (g) and (h) of this second SNPRM are total flight
cycles accumulated on the horizontal stabilizer since new, and we have
moved the information contained in paragraph (i) of the first SNPRM to
paragraph (j)(1) of this second SNPRM. We disagree that it is necessary
to add this note to this second SNPRM.

Request To Clarify Applicability

    All Nippon Airways (ANA) requested that paragraphs (g) and (h) of
the first SNPRM (78 FR 14734, March 7, 2013) be clarified to specify
which airplanes are subject to the requirements, since the
applicability of the SNPRM includes airplanes after line number (L/N)
1556, which are not addressed by Boeing Service Bulletin 737-55-1090,
dated March 30, 2011.
    We agree. We have revised paragraphs (g) and (h) of this second
SNPRM to specify that Group 1 airplanes are Model 737-600, -700, -800,
-900 and -900ER airplanes, regardless of line number, and that Group 2
airplanes are Model 737-700C airplanes, regardless of line number. We
have also added paragraphs (j)(4) and (j)(5) to this second SNPRM to
clarify that, where the service information specifies Group 1 airplanes
as Model 737-600, -700, -800, and -900 airplanes having line numbers
379 through 1556 inclusive, this AD specifies Group 1 airplanes as all
Model 737-600, -700, -800, -900, and -900ER airplanes, regardless of
line number, and where the service information specifies Group 2
airplanes as Model 737-700C airplanes having line numbers 496 through
1548 inclusive, this AD specifies Group 2 airplanes as all Model 737-
700C airplanes, regardless of line number.

Request To Allow Records Check To Identify Suspect Horizontal
Stabilizers

    All Nippon Airways (ANA) requested that we revise paragraph (g) of
the first SNPRM (78 FR 14734, March 7, 2013) to allow a records check
of the maintenance records and delivery documentation to confirm that
the horizontal stabilizer has not been rotated from the airplane. ANA
stated that, with this revision, the requirements of paragraph (g)
would not apply to airplanes after L/N 1556, even if the horizontal
stabilizer has a serial number beginning with ``SAIC,'' because the
discrepant stabilizers were delivered on airplanes prior to L/N 1557.
    We agree. By comparing the horizontal stabilizer serial number with
the serial number shown on the delivery documentation for that
airplane, an operator can confirm that the horizontal stabilizer is not
subject to the unsafe condition. We have revised paragraphs (g) and (h)
in this second SNPRM by adding a provision specifying that a review of
manufacturer delivery and operator maintenance records is acceptable to
make the determination, if the horizontal stabilizer serial number can
be conclusively identified from that review. We also added paragraph
(g)(2) in this second SNPRM to state that if a serial number starting
with the letters ``SAIC'' is found on a horizontal stabilizer
identification plate on airplanes after L/N 1556, and the serial number
of the horizontal stabilizer on the airplane is the same as the serial
number in the delivery documentation, no further action is required by
this SNPRM for that horizontal stabilizer.

Request To Provide Serial Numbers of Discrepant Horizontal Stabilizers

    TUIfly Fluggesellschaft mbH requested that we revise paragraph (g)
of the first SNPRM (78 FR 14734, March 7, 2013) to provide complete
serial numbers for the discrepant horizontal stabilizers identified in
the AD, instead of using only the first letters, ``SAIC,'' since those
horizontal stabilizers having a serial number beginning with ``SAIC,''
which were not originally installed in airplanes after L/N 1556, are
not considered to be suspect and should not require the inspection.
    We disagree with the request. Although identifying the serial
numbers of all suspect parts would be useful to eliminate the need to
inspect all horizontal stabilizers, we do not have this information. If
the serial numbers are provided to us or to the operators, under the
provisions of paragraph (l) of this second SNPRM, we may approve
requests to exclude non-suspect horizontal stabilizers from the
requirements of paragraphs (g) and (h) of this second SNPRM. We have
not changed this second SNPRM in this regard.

Request To Clarify Parts Installation Limitation

    ANA requested that the parts installation limitation specified in
paragraph (k) of the first SNPRM (78 FR 14734, March 7, 2013) be
clarified to exclude horizontal stabilizers that have a serial number
beginning with ``SAIC'' and that were delivered on airplanes after L/N
1556.
    We disagree with revising the wording in paragraph (k) of this
second SNPRM, because each horizontal stabilizer rotated after the
effective date of this second SNPRM must be confirmed to be suspect or
non-suspect as the stabilizer may have been previously rotated from
another airplane having a line number before L/N 1557. If the
stabilizer is found to be suspect, then the inspections required in
paragraphs (g) and (h) of this second SNPRM must be accomplished. We
have not changed this second SNPRM in this regard.

FAA's Determination

    We are proposing this second SNPRM because we evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of these
same type designs. Certain changes described above expand the scope of
the SNPRM (78 FR 14734, March 7, 2013). As a result, we have determined
that it is necessary to reopen

the comment period to provide additional opportunity for the public to
comment on this second SNPRM.

Proposed Requirements of This Second SNPRM

    This second SNPRM would require inspecting for a serial number that
starts with the letters ``SAIC'' on the left- and right-side horizontal
stabilizer identification plate; inspecting for correct bolt protrusion
and chamfer of the termination fitting bolts of the horizontal
stabilizer rear spar, if necessary; inspecting to determine if certain
bolts are installed, if necessary; and doing related investigative and
corrective actions if necessary.

Clarification of Compliance Time

    While it can be inferred that the compliance times stated in Boeing
Service Bulletin 737-55-1090, dated March 30, 2011, are total flight
cycles on the airplane since new, this second SNPRM specifies
compliance times as total flight cycles accumulated on the horizontal
stabilizer since new. Also, for repetitive inspection intervals, where
the service information specifies ``flight cycles,'' this second SNPRM
clarifies ``flight cycles accumulated on the horizontal stabilizer.''

Explanation of Change Made to This Second SNPRM

    We clarified the wording in paragraph (g)(2) of this second SNPRM
to specify that if the serial number found on a horizontal stabilizer
identification plate matches the serial number of the horizontal
stabilizer stated in the delivery documentation of the airplane, no
further action is required by paragraph (g) of this second SNPRM.

Costs of Compliance

    We estimate that this proposed AD affects 1,147 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                             Parts    Cost per    Cost on U.S.
                   Action                              Labor cost             cost    product       operators
----------------------------------------------------------------------------------------------------------------
Inspection.................................  1 work-hour x $85 per hour =        $0        $85           $97,495
                                              $85 per inspection cycle.
Replacement of bolts.......................  17 work-hours x $85 per hour     1,530      2,975         3,412,325
                                              = $1,445.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions (contacting Boeing and
repairing cracks or damage) specified in this proposed AD.
    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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 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) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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 adding the following new airworthiness
directive (AD):

The Boeing Company: Docket No. FAA-2012-0268; Directorate Identifier
2011-NM-129-AD.

(a) Comments Due Date

    We must receive comments by January 23, 2014.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes, certificated in
any category.
    (2) Installation of Supplemental Type Certificate (STC)
ST00830SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST00830SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by reports of incorrectly installed bolts
common to the rear spar termination fitting of the horizontal
stabilizer. We are issuing this AD to prevent loss of structural
integrity of the horizontal stabilizer attachment and loss of
control of the airplane.

(f) Compliance

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

(g) Inspecting the Horizontal Stabilizer and Corrective Actions

    For Group 1 and Group 2 airplanes identified in Boeing Service
Bulletin 737-55-1090, dated March 30, 2011, except as provided by
paragraph (j) of this AD: At the applicable times specified in
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 737-55-
1090, dated March 30, 2011, except as provided by paragraph (i) of
this AD, do an inspection for a serial number that starts with the
letters ``SAIC'' on the identification plates of the left- and
right-side horizontal stabilizers, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 737-55-1090,
dated March 30, 2011. A review of manufacturer delivery and operator
maintenance records is acceptable to make the determination
specified in this paragraph if the serial number can be conclusively
identified from that review.
    (1) If no ``SAIC'' serial number is found, no further action is
required by paragraph (g) of this AD.
    (2) If a serial number starting with the letters ``SAIC'' is
found on a horizontal stabilizer identification plate on an airplane
after line number (L/N) 1556, and the serial number of the
horizontal stabilizer is the same as stated in the delivery
documentation of the airplane, no further action is required by
paragraph (g) of this AD for that horizontal stabilizer.
    (3) If a serial number starting with the letters ``SAIC'' is
found on a horizontal stabilizer identification plate, except as
specified in paragraph (g)(2) of this AD: Except as provided by
paragraphs (i) and (j) of this AD, at the applicable times specified
in paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 737-
55-1090, dated March 30, 2011, do a detailed inspection for correct
bolt protrusion and correct chamfer of the termination fitting bolts
of the horizontal stabilizer rear spar, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 737-55-1090,
dated March 30, 2011. Concurrently with the detailed inspection,
inspect to determine if any bolt other than part number (P/N)
BACB30US14K() or BACB30US16K(), as applicable, is installed. Before
further flight, do all applicable related investigative and
corrective actions, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 737-55-1090, dated March 30,
2011.

(h) High Frequency Eddy Current (HFEC) and Ultrasonic Inspections of
Termination Fitting and Repair

    For airplanes identified in paragraph (g)(3) of this AD at any
location where a new bolt having a P/N BACB30US14K() is installed as
corrective action for damage found during any inspection required by
paragraph (g) of this AD: Except as provided by paragraphs (i) and
(j)(1) of this AD, at the times specified in paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 737-55-1090, dated March
30, 2011, do HFEC and ultrasonic inspections for cracking of the
forward and aft sides of the termination fitting, in accordance with
the Accomplishment Instructions of Boeing Service Bulletin 737-55-
1090, dated March 30, 2011. If any crack is found in any termination
fitting: Before further flight, repair using a method approved in
accordance with the procedures specified in paragraph (l) of this
AD. Repeat the HFEC and ultrasonic inspections thereafter at
intervals not to exceed 3,500 flight cycles on the horizontal
stabilizer.

(i) Clarification of Compliance Time

    Where the compliance times stated in Boeing Service Bulletin
737-55-1090, dated March 30, 2011, are ``total flight cycles,'' the
compliance time in this AD is total flight cycles accumulated on the
horizontal stabilizer since new.

(j) Exceptions to Service Information Specifications

    (1) Where Boeing Service Bulletin 737-55-1090, dated March 30,
2011, specifies a compliance time ``after the original issue date on
the service bulletin,'' this AD requires compliance within the
specified compliance time after the effective date of this AD.
    (2) Where Figure 1 of Boeing Service Bulletin 737-55-1090, dated
March 30, 2011, points to the location of a part number rather than
the serial number, this AD requires an inspection for an
identification plate with a serial number that starts with the
letters ``SAIC.''
    (3) If, during any inspection required by paragraphs (g) and (h)
of this AD, any bolt other than P/N BACB30US14K() or BACB30US16K(),
as applicable, is found: Before further flight, repair using a
method approved in accordance with the procedures specified in
paragraph (l) of this AD.
    (4) Where Boeing Service Bulletin 737-55-1090, dated March 30,
2011, identifies Group 1 airplanes as 737-600, -700, -800, and -900
airplanes having line numbers 379 through 1556 inclusive, this AD
specifies Group 1 airplanes as all 737-600, -700, -800, -900, and -
900ER airplanes, regardless of line number.
    (5) Where Boeing Service Bulletin 737-55-1090, dated March 30,
2011, identifies Group 2 airplanes as 737-700C airplanes having line
number 496 through 1548 inclusive, this AD specifies Group 2
airplanes as all 737-700C airplanes, regardless of line number.

(k) Parts Installation Limitation

    As of the effective date of this AD, no person may install a
horizontal stabilizer on any airplane included in the applicability
of this AD, unless the horizontal stabilizer has been inspected and
any applicable corrective actions done in accordance with paragraphs
(g) and (h) of this AD.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (m) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(m) Related Information

    (1) For more information about this AD, contact Nancy Marsh,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on December 2, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-29310 Filed 12-6-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Notices]
[Pages 77648-77649]
[FR Doc No: 2015-31535]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4245-DR; Docket ID FEMA-2015-0002]

Texas; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Texas (FEMA-4245-DR), dated November 25,
2015, and related determinations.

DATES: Effective Date: November 25, 2015.

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: Notice is hereby given that, in a letter
dated November 25, 2015, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Texas resulting from severe storms, tornadoes, straight-line
winds, and flooding during the period of October 22-31, 2015, is of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Texas.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation and Other Needs Assistance will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Kevin L. Hannes, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Texas have been designated as
adversely affected by this major disaster:

    Bastrop, Brazoria, Caldwell, Comal, Galveston, Guadalupe,
Hardin, Harris, Hays, Hidalgo, Liberty, Navarro, Travis, Willacy,
and Wilson Counties for Individual Assistance.
    All areas within the State of Texas are eligible for assistance
under the Hazard Mitigation Grant Program.
    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. 2015-31535 Filed 12-14-15; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64123-64125]
[FR Doc No: 2022-22839]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96091; File No. SR-NASDAQ-2022-053]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend its Schedule of Credits at Equity 7, Section 118(a)

October 17, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 3, 2022, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the Exchange's schedule of credits,
at Equity 7, Section 118(a), as described further below. The text of
the proposed rule change is available on the Exchange's website at
https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend the Exchange's
schedule of credits, at Equity 7, Section 118(a). Specifically, with
respect to its schedule of credits for displayed quotes/orders (other
than Supplemental Orders or Designated Retail Orders) that provide
liquidity, the Exchange proposes to amend the criteria for an existing
credit of $0.0029 per share executed.
    The Exchange proposes to amend its existing credit of $0.0029 per
share executed to a member: (i) with shares of liquidity provided in
all securities through one or more of its Nasdaq Market Center MPIDs
that represent more than 0.60% of Consolidated Volume during the month,
including shares of liquidity provided with respect to securities that
are listed on exchanges other than Nasdaq or NYSE that represent more
than 0.10% of Consolidated Volume, and (ii) that adds at least 0.175%
of Consolidated Volume during the month in non-displayed orders
(excluding midpoint orders) for securities in any tape during the
month. The Exchange proposes to amend this credit by lowering the
threshold percentage of Consolidated Volume added during the month in
non-displayed orders (excluding midpoint orders) for securities in any
tape during the month. Specifically, the Exchange proposes lowering
this threshold percentage from 0.175% to 0.15%.
    The Exchange proposes to amend the existing criteria because it
proved too difficult for members to meet in combination with the other
criterion set forth in the credit, and has hindered the credit in
achieving its intended effect. The Exchange has limited resources at
its disposal to devote to incentives and it periodically reassesses the
allocation of those resources when they prove to be ineffective. The
lower threshold proposed will be more readily attainable for members
and will continue to incent members to add substantial volumes of non-
displayed liquidity to the Exchange. From time to time, the Exchange
believes it is reasonable to recalibrate the criteria for credits such
as this one to ensure that the credits remain relevant to current
levels of liquidity providing activity on the Exchange.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\3\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\4\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility, and is
not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange's proposed change to its schedule of credits is
reasonable in several respects. As a threshold matter, the Exchange is
subject to significant competitive forces in the market for equity
securities transaction services that constrain its pricing
determinations in that market. The fact that this market is competitive
has long been recognized by the courts. In NetCoalition v.

Securities and Exchange Commission, the D.C. Circuit stated as follows:
``[n]o one disputes that competition for order flow is `fierce.' . . .
As the SEC explained, `[i]n the U.S. national market system, buyers and
sellers of securities, and the broker-dealers that act as their order-
routing agents, have a wide range of choices of where to route orders
for execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .'' \5\
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    \5\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
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    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \6\
---------------------------------------------------------------------------

    \6\ Securities Exchange Act Release No. 51808 (June 9, 2005), 70
FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
---------------------------------------------------------------------------

    Numerous indicia demonstrate the competitive nature of this market.
For example, clear substitutes to the Exchange exist in the market for
equity security transaction services. The Exchange is only one of
several equity venues to which market participants may direct their
order flow. Competing equity exchanges offer similar tiered pricing
structures to that of the Exchange, including schedules of rebates and
fees that apply based upon members achieving certain volume thresholds.
    Within this environment, market participants can freely and often
do shift their order flow among the Exchange and competing venues in
response to changes in their respective pricing schedules. As such, the
proposal represents a reasonable attempt by the Exchange to increase
its liquidity and market share relative to its competitors.
    The Exchange believes that it is reasonable to require a member to
(i) provide shares of liquidity provided in all securities through one
or more of its Nasdaq Market Center MPIDs that represent more than
0.60% of Consolidated Volume during the month, including shares of
liquidity provided with respect to securities that are listed on
exchanges other than Nasdaq or NYSE that represent more than 0.10% of
Consolidated Volume, and (ii) add at least 0.15% (instead of 0.175%) of
Consolidated Volume during the month in non-displayed orders (excluding
midpoint orders) for securities in any tape during the month in order
to qualify for the existing $0.0029 per share executed credit. The
Exchange believes that it is reasonable to lower the threshold
percentage of Consolidated Volume in non-displayed orders (excluding
midpoint orders) for securities in any tape in order to qualify for the
credit to ensure that this credit remains relevant to current levels of
liquidity providing activity on the Exchange.
    The Exchange believes it is reasonable to establish a lower
threshold because it proved too difficult for members to meet in
combination with the other criterion set forth in the credit, and has
hindered the credit in achieving its intended effect. The Exchange has
limited resources at its disposal to devote to incentives and it
periodically reassesses the allocation of those resources when they
prove to be ineffective. The proposal to lower the requirement that a
member add at least 0.175% of Consolidated Volume to 0.15% of
Consolidated Volume (during the month in non-displayed orders
(excluding midpoint orders)) is reasonable because the proposed
amendment will be more readily attainable for members and will still
incent members to add substantial volumes of non-displayed liquidity to
the Exchange.
    The Exchange believes its proposal will allocate its charges and
credits fairly among its market participants. The Exchange also
believes it is equitable to recalibrate or revise existing criteria for
its credits to ensure that the credits remain appropriate for
participants to attain.
    The Exchange believes that its proposal is not unfairly
discriminatory. As an initial matter, the Exchange believes that
nothing about its volume-based tiered pricing model is inherently
unfair; instead, it is a rational pricing model that is well-
established and ubiquitous in today's economy among firms in various
industries--from co-branded credit cards to grocery stores to cellular
telephone data plans--that use it to reward the loyalty of their best
customers that provide high levels of business activity and incent
other customers to increase the extent of their business activity. It
is also a pricing model that the Exchange and its competitors have long
employed with the assent of the Commission. It is fair because it
enhances price discovery and improves the overall quality of the equity
markets.
    The Exchange believes that its proposal to decrease the non-
displayed volume threshold percentage to qualify for an existing
$0.0029 transaction credit is not unfairly discriminatory because the
credit is available to all members. The Exchange also believes it is
not unfairly discriminatory to recalibrate or revise existing criteria
for its credits to ensure that the credits are effective and readily
attainable.
    Any Participant that is dissatisfied with the proposal is free to
shift their order flow to competing venues that provide more generous
pricing or less stringent qualifying criteria.

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 not necessary or appropriate in
furtherance of the purposes of the Act.
Intramarket Competition
    The Exchange does not believe that its proposal will place any
category of Exchange participant at a competitive disadvantage. Any
member may elect to achieve the levels of liquidity required in order
to qualify for the credit. The Exchange notes that its members are free
to trade on other venues to the extent they believe that the Exchange's
credits are not attractive. As one can observe by looking at any market
share chart, price competition between exchanges is fierce, with
liquidity and market share moving freely between exchanges in reaction
to fee and credit changes.
Intermarket Competition
    The Exchange believes that the proposed change to its schedule of
credits to amend the criteria to qualify for an existing $0.0029
transaction credit as noted above will not impose a burden on
competition because the Exchange's execution services are completely
voluntary and subject to extensive competition both from the other live
exchanges and from off-exchange venues, which include alternative
trading systems that trade national market system stock. The Exchange
notes that it operates in a highly competitive market in which market
participants can readily favor competing venues if they deem fee levels
at a particular venue to be excessive, or rebate opportunities
available at other venues to be more favorable. In such an environment,
the Exchange must continually adjust its

fees to remain competitive with other exchanges and with alternative
trading systems that have been exempted from compliance with the
statutory standards applicable to exchanges. Because competitors are
free to modify their own fees in response, and because market
participants may readily adjust their order routing practices, the
Exchange believes that the degree to which fee changes in this market
may impose any burden on competition is extremely limited.
    The proposed change to the qualifying criteria for an existing
credit is reflective of this competition because, as a threshold issue,
the Exchange is a relatively small market so its ability to burden
intermarket competition is limited. In this regard, even the largest
U.S. equities exchange by volume only has 17-18% market share, which in
most markets could hardly be categorized as having enough market power
to burden competition. Moreover, as noted above, price competition
between exchanges is fierce, with liquidity and market share moving
freely between exchanges in reaction to fee and credit changes. This is
in addition to free flow of order flow to and among off-exchange venues
which comprises more than 40% of industry volume in recent months.
    If the changes proposed herein are unattractive to market
participants, it is likely that the Exchange will lose market share as
a result. Accordingly, the Exchange does not believe that the proposed
changes will impair the ability of members or competing order execution
venues to maintain their competitive standing in the financial markets.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \7\ and paragraph (f) of Rule 19b-4 \8\
thereunder.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NASDAQ-2022-053 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-NASDAQ-2022-053. 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 website (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 website 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2022-053 and should be submitted
on or before November 14, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-22839 Filed 10-20-22; 8:45 am]
BILLING CODE 8011-01-P