[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Notices]
[Pages 34442-34445]
[FR Doc No: 2012-14067]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67129; File No. SR-NYSEMKT-2012-06]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Temporarily Suspending
the Requirements of Exchange Rule 311--Equities and Related Exchange
Equities Rules Concerning the Approval of New Member Organizations and
Exchange Rule 353 and Related Exchange Rules Concerning the Approval of
New ATP Holders in Order To Approve Apex Clearing Corporation, f/k/a
Ridge Clearing and Outsourcing Solutions, Inc. as an Exchange Equities
Member Organization and ATP Holder, Subject to Apex Clearing Complying
With Exchange Rules for a New Member Organization and ATP Holder Within
30 Calendar Days of the Date That Apex Clearing Is Provisionally
Approved as an Exchange Equities Member Organization and ATP Holder

June 5, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on June 5, 2012, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to temporarily suspend the requirements of
(1) Exchange Rule 311--Equities and related Exchange Equities rules
concerning the approval of new member organizations and (2) Exchange
Rule 353 and related Exchange rules concerning the approval of new ATP
Holders in order to approve Apex Clearing Corporation, f/k/a Ridge
Clearing and Outsourcing Solutions, Inc. (``Apex Clearing'') as an
Exchange Equities member organization and ATP Holder, subject to Apex
Clearing complying with Exchange rules for a new member organization
and ATP Holder within 30 calendar days of the date that Apex

Clearing is provisionally approved as an Exchange Equities member
organization and ATP Holder. The Exchange is also proposing to accept
Apex Clearing's assumption of all of the existing clearing agreements
and arrangements currently in effect between Penson Financial Services
Inc. (``PFSI'') and various other Exchange Equities member
organizations and ATP Holders by execution of a global agreement
thereto. The text of the proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes this rule filing to temporarily suspend the
requirements of (1) Exchange Rule 311--Equities and related rules
regarding the approval of member organizations and (2) Exchange Rule
353 and related rules regarding the approval of ATP Holders in order to
immediately approve Apex Clearing as an Exchange Equities member
organization and ATP Holder. The Exchange proposes this temporary
suspension on an emergency basis to ensure that Apex Clearing can
continue the clearing operations of PFSI without unnecessary
disruption, which could have a significant collateral impact to a
number of other Exchange Equities member organizations and ATP Holders.
The proposed temporary suspension is contingent upon Apex Clearing
having complied with all new member organization and ATP Holder
Exchange rules within 30 calendar days of the date Apex Clearing is
provisionally approved as an Exchange Equities member organization and
ATP Holder pursuant to this filing.
    On May 31, 2012, Apex Clearing Holdings, LLC (``Apex Holdings''),
Apex Clearing Solutions, LLC, Broadridge Financial Solutions, Inc.
(``Broadridge''), PFSI and Penson Worldwide, Inc. (``PWI'') (together,
the ``Parties'') consummated a transaction resulting in a change in
ownership of Apex Clearing.\4\ Broadridge, Apex Holdings, PWI and PFSI
each made capital investments in Apex Holdings, the holding company
parent of Apex Clearing. PFSI also assigned all of its U.S. clearing
contracts and all customer and introducing broker proprietary accounts
along with key personnel to Apex Clearing (the ``Transferring
Accounts'').\5\
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    \4\ Prior to the Transaction, Apex Clearing's name was Ridge
Clearing & Outsourcing Solutions, Inc. Prior to the transaction,
Ridge Clearing & Outsourcing Solutions, Inc. contributed its
outsourcing operations and all associated personnel and systems to
its affiliated entity, Broadridge Securities Processing Solutions,
LLC (``BSPS'') where it will continue to provide operations support
and outsourcing services to a number of broker-dealers, including
Apex Clearing.
    \5\ See Penson Worldwide, Inc. Form 8-K dated May 31, 2012.
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    As a result of the transaction, Apex Clearing, which is not an
Exchange Equities member organization or an ATP Holder, will provide
the clearing and execution services currently provided to the
Transferring Accounts by PFSI. On May 31, 2012, Apex Clearing submitted
an application for approval as an Exchange Equities member organization
and as an ATP Holder. However because of the expedited nature of the
transaction, Apex Clearing was unable to fully comply with Exchange
Rule 311--Equities and related new member organization rules and
Exchange Rule 353 and related new ATP Holder rules. Because of the need
for seamless continuity with respect to the Transferring Accounts, Apex
Clearing has requested that the Exchange temporarily suspend its new
membership organization and ATP Holder rules in order to enable Apex
Clearing's approval as a member organization on an expedited basis.
Pursuant to its request, Apex Clearing will fully comply with the
Exchange's new member organization and ATP Holder requirements within
30 calendar days after provisional approval.
    Exchange Rules 311--Equities and 353 require any person who
proposes to form a member organization or an ATP Holder to notify the
Exchange in writing and submit such information as may be required by
Exchange rules. When a corporate acquisition concerns an asset transfer
only, and not an acquisition of the corporate entity, Exchange Equities
member organization or ATP Holder status cannot be transferred to the
acquiring entity. The entity that proposes to continue the acquired
business operations of a member organization must be separately
approved as an Exchange Equities member organization or ATP Holder.
Equities
    Among other things, to be approved as an Exchange Equities member
organization, the applicant must:
     Provide the Exchange with a written application with the
name and address of the applicant as well as a list of all proposed
parties required to be approved or identified pursuant to Exchange
Rules 304--Equities and 311--Equities (Rule 311.11--Equities).
     Ensure that all persons associated with the applicant who
meet the requirements of approved persons under Exchange Rule 304--
Equities, consent to Exchange Equities jurisdiction as a member or
approved person (Exchange Rules 304--Equities and 311(b)--Equities).
     Submit to the Exchange partnership or corporate documents
as may be applicable including certificate of incorporation, by-laws,
and other corporate documents (Exchange Rule 313.10--Equities and .20--
Equities).
     Provide the Exchange with an opinion of counsel that,
among other things, the corporation is duly organized and its existing
stock is validly issued and outstanding, and that the restrictions and
provisions required by the Exchange on the transfer, issuance,
conversion and redemption of its stock have been made legally effective
(Exchange Rule 313.20--Equities).
    In addition, the Exchange reviews whether the applicant meets
federal and Exchange capital requirements and whether it has adopted
controls and procedures to comply with Exchange rules.
Options
    Among other things, to be approved as an ATP Holder, the applicant
must:
     Provide the Exchange with a written application with the
name and address of the applicant as well as a list of all proposed
parties required to be approved or identified pursuant to Exchange
Rules 353 and 356.
     Ensure that all persons associated with the applicant who
meet the requirements of allied members and approved persons be
approved (Exchange Rules 353, 355 and 356).
     Submit to the Exchange partnership or corporate documents
as may be applicable including certificate of incorporation, by-laws,
and other corporate documents (Exchange Rules 353 and 356).

    In addition, the Exchange reviews whether the applicant meets
federal and Exchange capital requirements and whether it has adopted
controls and procedures to comply with Exchange rules.
    Due to the amount of information an applicant is required to
provide and have completed prior to being approved as a member
organization or ATP Holder, the member organization and ATP Holder
approval process generally takes several months to complete. The length
of time varies based on the timing of the applicant's response to
requests for information and documentation.
    As proposed, Apex Clearing will continue the clearing and certain
other operations of PFSI as of June 6, 2012. In order to avoid
interruption of the services PFSI currently provides to other Exchange
Equities member organizations and ATP Holders, the Exchange believes
that Apex Clearing should be approved immediately as an Exchange
Equities member organization and ATP Holder. The Exchange notes that
Apex Clearing is already a registered broker dealer and FINRA member,
which are prerequisites for becoming an Exchange Equities member
organization. See Exchange Rule 2(b)--Equities.
    The Exchange therefore proposes providing Apex Clearing with a
temporary suspension of Exchange Rule 311--Equities and related
membership rules as they relate to approval to operate an Exchange
Equities member organization and approval of a proposed member
organization's approved persons, and immediately approve Apex Clearing
as a member organization. Similarly, the Exchange proposes providing
Apex Clearing with a temporary suspension of Exchange Rule 353 and
related ATP Holder rules as they relate to approval to operate as an
ATP Holder and approval of a proposed ATP Holder's approved persons,
and immediately approve Apex Clearing as an ATP Holder. As proposed
this temporary suspension is contingent upon:
     Apex Clearing providing the Exchange with sufficient
information to confirm that Apex Clearing will meet its capital
requirements as an Exchange Equities member organization and ATP
Holder; and
     Within 30 calendar days of Apex Clearing's approval as an
Exchange Equities member organization and ATP Holder under this
proposed filing, Apex Clearing and its approved persons will have
complied with the Exchange's new member organization and ATP Holder
requirements as set forth in Exchange Rules 304--Equities, 311--
Equities through 313--Equities, 353, 355 and 356.
    As proposed, if Apex Clearing does not comply with all applicable
Exchange Equities member organization application requirements and ATP
Holder requirements within 30 calendar days of the effective date of
this filing, its status as an approved Exchange Equities member
organization and ATP Holder will no longer be effective.
    In addition, the Exchange proposes to accept Apex Clearing to
assume all existing clearing agreements and arrangements currently in
effect with other Exchange Equities member organizations and ATP
Holders by execution of global agreements thereto.\6\ Notice of such
assumption will be provided to impacted member organizations through
issuance of Trader and/or Information Notices prior to the effective
date thereof.
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    \6\ See Exchange 954NY.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) \7\ of the Securities Exchange Act of 1934 (the ``Act''),
in general, and furthers the objectives of Section 6(b)(5) \8\ in
particular in that it is designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and to perfect the mechanism for a free and open
market and a national market system and, in general, to protect
investors and the public interest. The Exchange believes that
permitting the expeditious approval of Apex Clearing as an Exchange
Equities member organization and an ATP Holder will avoid interruption
of the services PFSI currently provides to other Exchange member
organizations and ATP Holders. Based on information and representations
provided by Apex Clearing, a temporary suspension of certain Exchange
membership rules is needed based on the expedited nature of the
transaction to enable seamless continuity with respect to the
transferring accounts. Consequently, the Exchange believes that
temporary suspension of its member organization and ATP Holder
requirements so that Apex Clearing can be approved immediately as an
Exchange Equities member organization and an ATP Holder will help to
foster cooperation and coordination with persons engaged in
facilitating transactions in securities and is consistent with the Act.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6)(iii) thereunder.\12\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires a self-regulatory organization to give the
Commission written notice of its intent to file the proposed rule
change at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Commission is waiving this five-day pre-filing
requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposed rule change may become operative immediately
upon filing. The Commission notes that the Exchange is proposing that
certain of its rules relating to membership requirements be

temporarily suspended so that Apex Clearing can be provisionally
approved as an Exchange Equities member organization and ATP Holder.
The proposed relief does not exempt Apex Clearing from Exchange rule
requirements governing Exchange Equities member organizations and ATP
Holders. Apex Clearing would have a 30 calendar day grace period within
which to apply for and be approved under relevant Exchange rules.
Moreover, the Commission believes that waiver of the 30-day operative
delay is appropriate to ensure a smooth transition of PFSI operations
to Apex Clearing. In particular, given the rapidity with which events
have developed, waiver of the 30-day operative delay is necessary to
avoid significant disruption to PFSI's existing customers and the
market generally. Therefore, the Commission believes that waiving the
30-day operative delay is consistent with the protection of investors
and the public interest and designates the proposed rule change as
operative upon filing.\15\
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    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    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 necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings 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_ADDRESS>Please include
File Number SR-NYSEMKT-2012-06 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-NYSEMKT-2012-06. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2012-06 and should
be submitted on or before July 2, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-14067 Filed 6-8-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Rules and Regulations]
[Pages 4532-4534]
[FR Doc No: 2011-1645]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-1120]
RIN 1625-AA00

Safety Zone; 500 Yards North and South, Bank to Bank, of Position
29[deg]48.77' N 091[deg]33.02' W, Charenton Drainage and Navigation
Canal, St. Mary Parish, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone
extending 500 yards North and South, bank to bank, of position
29[deg]48.77' N 091[deg]33.02' W, Charenton Drainage and Navigation
Canal, St. Mary Parish, LA. This Safety Zone is needed to protect the
general public, vessels and tows from destruction, loss or injury due
to a sunken vessel and associated hazards.

DATES: This rule is effective in the CFR on January 26, 2011 through
June 30, 2011. This rule is enforceable with actual notice January 7,
2011. This rule will remain in effect until June 30, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-1120 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-1120 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, 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 FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant (LT) Russell Pickering, Coast
Guard; telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing an NPRM would be
impracticable, since immediate action is needed to protect the general
public, vessel and tows from a sunken vessel and associated hazards in
position 29[deg]48.77' N 091[deg]33.02' W, in the Charenton Drainage
and Navigation Canal.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Publishing an NPRM and delaying
its effective date would be impracticable since immediate action is
needed to protect the general public, vessel and tows from destruction,
loss or injury due to a sunken vessel and associated hazards in
position 29[deg]48.77' N 091[deg]33.02' W.

Background and Purpose

    A Mobile Inshore Drilling Rig (Hercules Rig 61) scheduled for scrap
sank in the Charenton Navigation and Drainage Canal. A safety zone is
needed to protect the general public, vessels and tows from
destruction, loss or injury from a sunken vessel and associated hazards
during the response action.

Discussion of Rule

    The Coast Guard is establishing a temporary Safety Zone 500 yards
North and South, bank to bank, of position 29[deg]48.77' N
091[deg]33.02' W within the Charenton Drainage and Navigation Canal.
The temporary Safety Zone is established for the period from January 7,
2011, through June 30, 2011. Vessels and tows may not enter this zone
unless authorized by the Captain of the Port Morgan City.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    This rule will only be in effect for a limited period of time and
notifications to the marine community will be made through broadcast
notice to mariners and Local Notice to Mariners. Vessels needing to
transit the area can request permission from the Captain of the Port.
The impacts on routine navigation are expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit through the Safety Zone from January 7, 2011 to June 30, 2011.
This Safety Zone will not have a significant economic impact on a
substantial number of small entities because this rule will be in
effect for only a short period of time, and vessels that need to
transit the area while the safety zone is effective can request
permission from the Captain of the Port.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions

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

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph (34)
(g), of the Instruction. This rule involves the establishment of a
safety zone.
    Because this rule involves an emergency situation and will be in
effect for over one week, an environmental analysis checklist and a
categorical exclusion determination will be provided and made available
at the docket as indicated in the ADDRESSES section.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0979 to read as follows:

Sec.  165.T08-0979  Safety Zone.

    500 yards North and South, bank to bank, of position 29[deg]48.77'
N 091[deg]33.02' W, Charenton Drainage and Navigation Canal, St. Mary
Parish, LA.
    (a) Enforcement Areas. 500 yards North and South, bank to bank, of
position 29[deg]48.77' N 091[deg]33.02' W, Charenton Drainage and
Navigation Canal.
    (b) Enforcement dates. This rule will be enforced from January 7,
2011 through June 30, 2011.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.33 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Morgan City.
    (2) Vessels requiring entry into or passage through the Safety Zone
must request permission from the Captain of the Port Morgan City, or a
designated representative. They may be contacted on VHF Channel 13 or
16, or by telephone at<PHONE_NUMBER>.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port Morgan City and designated on-scene patrol
personnel. On-scene patrol personnel include commissioned, warrant, and
petty officers of the U.S. Coast Guard.

    Dated: January 7, 2011.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the Port, Morgan City, Louisiana.
[FR Doc. 2011-1645 Filed 1-25-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: September 3, 2009 (Volume 74, Number 170)]
[Notices]
[Page 45633-45634]
[DOCID:fr03se09-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 2

August 27, 2009.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP09-927-000.
    Applicants: Southwest Gas Transmission Company, LP.
    Description: Southwest Gas Transmission Company submits Eight
Revised Sheet 4 to its FERC Gas Tariff, First Revised Volume 2 to be
effective 10/1/09.
    Filed Date: 08/26/2009.
    Accession Number: 20090826-0058.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 8, 2009.

    Docket Numbers: RP09-928-000.
    Applicants: Vector Pipeline L.P.
    Description: Vector Pipeline, LP submits Tenth Revised Sheet 20 et
al. to FERC Gas Tariff, Original Volume 1 to reflect the Annual Charge
Adjustment charge, effective 10/1/09.
    Filed Date: 08/26/2009.
    Accession Number: 20090826-0057.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 8, 2009.

    Docket Numbers: RP09-929-000.
    Applicants: Guardian Pipeline, LLC.
    Description: Guardian Pipeline, LLC submits Second Revised Sheet 71
et al. to FERC Gas Tariff, Original Volume 1 superseding non-conforming
service agreements, to be effective 10/1/09.
    Filed Date: 08/26/2009.
    Accession Number: 20090826-0056.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 08, 2009.

    Docket Numbers: RP09-930-000.
    Applicants: Northern Natural Gas Company.
    Description: Northern Natural Gas Company submits 14th Revised
Sheet 135D et al. of its FERC Gas Tariff, Fifth Revised Volume 1
effective.
    Filed Date: 08/26/2009.
    Accession Number: 20090826-0050.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 8, 2009.

    Docket Numbers: RP09-931-000.
    Applicants: Northern Border Pipeline Company.
    Description: Northern Border Pipeline Company submits Fourteenth
Revised Sheet 1 et al. of its FERC Gas Tariff, First Revised Volume 1
effective 9/25/09.
    Filed Date: 08/26/2009.
    Accession Number: 20090826-0076.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 8, 2009.

    Any person desiring to intervene or to protest in any of the above
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 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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
14 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 e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or

call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-21253 Filed 9-2-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Rules and Regulations]
[Pages 53243-53245]
[FR Doc No: 2013-21062]

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

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0555]
RIN 1625-AA00

Safety Zone; TriRock San Diego, San Diego Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone upon
the navigable waters of the San Diego Bay, San Diego, CA, in support of
a triathlon bay swim. This safety zone is necessary to provide for the
safety of the participants, crew, spectators, participating vessels,
and other vessels and users of the waterway. Persons and vessels are
prohibited from entering into, transiting through, or anchoring within
this safety zone unless authorized by the Captain of the Port, or his
designated representative.

DATES: This rule is effective from 6:30 a.m. to 9:30 a.m. on September
22, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0555]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Bryan Gollogly, Waterways Management, U.S.
Coast Guard Sector San Diego; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the logistical details of the San
Diego Bay triathlon swim were not finalized nor presented to the Coast
Guard in enough time to draft and publish an NPRM. As such, the event
would occur before the rulemaking process was complete.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because it is impractical and
contrary to the public interest. The Coast Guard did not have the
necessary event information in time to provide both a comment period
and allow for a 30 day delayed effective date. Immediate action is
required to ensure the safety zone is in place to protect participants,
crew, spectators, participating vessels, and other vessels and users of
the waterway during the event.

B. Basis and Purpose

    The Ports and Waterways Safety Act gives the Coast Guard authority
to create and enforce safety zones. The Coast Guard is establishing a
temporary safety zone on the navigable waters of San Diego Bay for a
swim event.
    The safety zone will be enforced from 6:30 a.m. to 9:30 a.m. on
September 22, 2013. The limits of the safety zone will be navigable
waters of the San Diego Bay in the vicinity of the San Diego Convention
Center bound by the following coordinates including the marina:
32[deg]42'16 N, 117[deg]09'58'' W to 32[deg]42'15'' N, 117[deg]10'02''
W then south to 32[deg]42'00'' N, 117[deg]09'45'' W to 32[deg]42'03''
N, 117[deg]09'40'' W.
    This safety zone is necessary to provide for the safety of the
participants, crew, spectators, sponsor vessels, and other users of the
waterway.

C. Discussion of the Final Rule

    This safety zone is necessary to ensure unauthorized personnel and
vessels remain safe by keeping clear during the bay swim. Persons and
vessels are prohibited from entering into, transiting through, or
anchoring within this safety zone unless authorized by the Captain of
the Port, or his designated representative.
    Before the effective period, the Coast Guard will publish a Coast
Guard District Eleven Local Notice to Mariners information on the event
and associated safety zone.
    Vessels will be able to transit the surrounding area and may be
authorized to transit through the safety zone with the permission of
the Captain of the Port of the designated representative. Immediately
before and during the fireworks display, Coast Guard Sector San Diego
Joint Harbor Operations Center will issues Broadcast Notice to Mariners
on the location and enforcement of the safety zone.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This determination is
based on the size, duration and location of the safety zone. Commercial
vessels will not be hindered by the safety zone. Recreational vessels
may be allowed to transit through the designated safety zone during
specified times if they request and obtain authorization from the
Captain of the Port, or his designated representative. Additionally,
before the effective period, the Coast Guard will publish a Local
Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended,

requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    (1) This rule will affect the following entities, some of which may
be small entities: The owners or operators of vessels intending to
transit or anchor in the aforementioned portion of San Diego Bay from
6:30 a.m. to 9:30 a.m. on September 22, 2013.
    (2) This safety zone will not have a significant economic impact on
a substantial number of small entities for the following reasons: This
safety zone will only be in effect for three hours early in the morning
when vessel traffic is low. Vessel traffic can transit safely around
the zone.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

 6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add temporary Sec.  165.T11-591 to read as follows:

Sec.  165.T11-591  Safety Zone; TriRock San Diego, San Diego Bay, San
Diego, CA.

    (a) Location. The limits of the safety zone will be navigable
waters of the San Diego Bay behind the San Diego Convention Center
bound by the following coordinates including the marina: 32[deg]42'16''
N, 117[deg]09'58'' W to 32[deg]42'15'' N, 117[deg]10'02'' W then south
to 32[deg]42'00'' N, 117[deg]09'45'' W to 32[deg]42'03'' N,
117[deg]09'40'' W.
    (b) Enforcement Period. This safety zone will be enforced from 6:30
a.m. to 9:30 a.m. on September 22, 2013.
    (c) Definitions. The following definition applies to this section:
Designated representative, means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
    (2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
    (3) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (4) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: August 15, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-21062 Filed 8-28-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Rules and Regulations]
[Pages 1989-1991]
[FR Doc No: 2023-00513]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 250 and 385

[Docket No. RM23-3-000; Order No. 886]

Civil Monetary Penalty Inflation Adjustments

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
issuing a final rule to amend its regulations governing the maximum
civil monetary penalties assessable for violations of statutes, rules,
and orders within the Commission's jurisdiction. The Federal Civil
Penalties Inflation Adjustment Act of 1990, as amended most recently by
the Federal Civil Penalties Inflation Adjustment Act Improvements Act
of 2015, requires the Commission to issue this final rule.

DATES: This final rule is effective January 12, 2023.

FOR FURTHER INFORMATION CONTACT: Colin Chazen, Attorney, Office of
Enforcement, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Phone:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:
    1. In this final rule, the Federal Energy Regulatory Commission

(Commission) is complying with its statutory obligation to amend the
civil monetary penalties provided by law for matters within the
agency's jurisdiction.

I. Background

    2. The Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (2015 Adjustment Act),\1\ which further
amended the Federal Civil Penalties Inflation Adjustment Act of 1990
(1990 Adjustment Act),\2\ required the head of each Federal agency to
issue a rule by July 2016 adjusting for inflation each ``civil monetary
penalty'' provided by law within the agency's jurisdiction and to make
further inflation adjustments on an annual basis every January 15
thereafter.\3\
---------------------------------------------------------------------------

    \1\ Public Law 114-74, sec. 701, 129 Stat. 584, 599.
    \2\ Public Law 101-410, 104 Stat. 890 (codified as amended at 28
U.S.C. 2461 note).
    \3\ 28 U.S.C. 2461 note at (4). The Commission made its January
2022 adjustment on January 7, 2021, in Docket No. RM22-6-000. See
Civ. Monetary Penalty Inflation Adjustments, Order No. 882, 87 FR
2036 (Jan. 13, 2022), 178 FERC ] 61,008 (2022).
---------------------------------------------------------------------------

II. Discussion

    3. The 2015 Adjustment Act defines a civil monetary penalty as any
penalty, fine, or other sanction that: (A)(i) is for a specific
monetary amount as provided by Federal law; or (ii) has a maximum
amount provided for by Federal law; (B) is assessed or enforced by an
agency pursuant to Federal law; and (C) is assessed or enforced
pursuant to an administrative proceeding or a civil action in the
federal courts.\4\ This definition applies to the maximum civil
penalties that may be imposed under the Federal Power Act (FPA),\5\ the
Natural Gas Act (NGA),\6\ the Natural Gas Policy Act of 1978 (NGPA),\7\
and the Interstate Commerce Act (ICA).\8\
---------------------------------------------------------------------------

    \4\ 28 U.S.C. 2461 note at (3).
    \5\ 16 U.S.C. 791a et seq.
    \6\ 15 U.S.C. 717 et seq.
    \7\ 15 U.S.C. 3301 et seq.
    \8\ 49 App. U.S.C. 1 et seq. (1988).
---------------------------------------------------------------------------

    4. Under the 2015 Adjustment Act, the first step for such
adjustment of a civil monetary penalty for inflation requires
determining the percentage by which the U.S. Department of Labor's
Consumer Price Index for all-urban consumers (CPI-U) for October of the
preceding year exceeds the CPI-U for October of the year before
that.\9\ The CPI-U for October 2022 exceeded the CPI-U for October 2021
by 7.745%.\10\
---------------------------------------------------------------------------

    \9\ 28 U.S.C. 2461 note at (5)(b)(1).
    \10\ See, e.g., Memorandum from Shalanda D. Young, Office of
Management and Budget, Implementation of the Penalty Inflation
Adjustments for 2023, Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2022).
---------------------------------------------------------------------------

    5. The second step requires multiplying the CPI-U percentage
increase by the applicable existing maximum civil monetary penalty.\11\
This step results in a base penalty increase amount.
---------------------------------------------------------------------------

    \11\ 28 U.S.C. 2461 note at (5)(a).
---------------------------------------------------------------------------

    6. The third step requires rounding the base penalty increase
amount to the nearest dollar and adding that amount to the base penalty
to calculate the new adjusted maximum civil monetary penalty.\12\
---------------------------------------------------------------------------

    \12\ Id.
---------------------------------------------------------------------------

    7. Under the 2015 Adjustment Act, an agency is directed to use the
maximum civil monetary penalty applicable at the time of assessment of
a civil penalty, regardless of the date on which the violation
occurred.\13\
---------------------------------------------------------------------------

    \13\ Id. at (6).
---------------------------------------------------------------------------

    8. The adjustments that the Commission is required to make pursuant
to the 2015 Adjustment Act are reflected in the following table:

----------------------------------------------------------------------------------------------------------------
                                                        Existing maximum civil       New adjusted maximum civil
                      Source                               monetary penalty               monetary penalty
----------------------------------------------------------------------------------------------------------------
16 U.S.C. 825o-1(b), sec. 316A of the Federal       $1,388,496 per violation, per  $1,496,035 per violation, per
 Power Act.                                          day.                           day.
16 U.S.C. 823b(c), sec. 31(c) of the Federal Power  $25,075 per violation, per     $27,017 per violation, per
 Act.                                                day.                           day.
16 U.S.C. 825n(a), sec. 315(a) of the Federal       $3,275 per violation.........  $3,529 per violation.
 Power Act.
15 U.S.C. 717t-1, sec. 22 of the Natural Gas Act..  $1,388,496 per violation, per  $1,496,035 per violation, per
                                                     day.                           day.
15 U.S.C. 3414(b)(6)(A)(i), sec. 504(b)(6)(A)(i)    $1,388,496 per violation, per  $1,496,035 per violation, per
 of the Natural Gas Policy Act of 1978.              day.                           day.
49 App. U.S.C. 6(10) (1988), sec. 6(10) of the      $1,453 per offense and $73     $1,566 per offense and $78
 Interstate Commerce Act.                            per day after the first day.   per day after the first day.
49 App. U.S.C. 16(8) (1988), sec. 16(8) of the      $14,536 per violation, per     $15,662 per violation, per
 Interstate Commerce Act.                            day.                           day.
49 App. U.S.C. 19a(k) (1988), sec. 19a(k) of the    $1,453 per offense, per day..  $1,566 per offense, per day.
 Interstate Commerce Act.
49 App. U.S.C. 20(7)(a) (1988), sec. 20(7)(a) of    $1,453 per offense, per day..  $1,566 per offense, per day.
 the Interstate Commerce Act.
----------------------------------------------------------------------------------------------------------------

III. Administrative Findings

    9. Congress directed that agencies issue final rules to adjust
their maximum civil monetary penalties notwithstanding the requirements
of the Administrative Procedure Act (APA).\14\ Because the Commission
is required by law to undertake these inflation adjustments
notwithstanding the notice and comment requirements that otherwise
would apply pursuant to the APA, and because the Commission lacks
discretion with respect to the method and amount of the adjustments,
prior notice and comment would be impractical, unnecessary, and
contrary to the public interest.
---------------------------------------------------------------------------

    \14\ Id. at (3)(b)(2).
---------------------------------------------------------------------------

IV. Regulatory Flexibility Statement

    10. The Regulatory Flexibility Act, as amended, requires agencies
to certify that rules promulgated under their authority will not have a
significant economic impact on a substantial number of small
businesses.\15\ The requirements of the Regulatory Flexibility Act
apply only to rules promulgated following notice and comment.\16\ The
requirements of the Regulatory Flexibility Act do not apply to this
rulemaking because the Commission is issuing this final rule without
notice and comment.
---------------------------------------------------------------------------

    \15\ 5 U.S.C. 601 et seq.
    \16\ 5 U.S.C. 603, 604.
---------------------------------------------------------------------------

V. Paperwork Reduction Act

    11. This rule does not require the collection of information. The
Commission is therefore not required to submit this rule for review to
the Office of Management and Budget pursuant to the Paperwork Reduction
Act of 1995.\17\
---------------------------------------------------------------------------

    \17\ 44 U.S.C. 3507(d).
---------------------------------------------------------------------------

VI. Document Availability

    12. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and print the contents of this

document via the internet through the Commission's Home Page (https://www.ferc.gov). At this time, the Commission has suspended access to the
Commission's Public Reference Room due to the President's March 13,
2020 proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19).
    13. From the Commission's Home Page on the internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and downloading. To access this document in eLibrary, type
the docket number (excluding the last three digits) in the docket
number field.
    14. User assistance is available for eLibrary and the Commission's
website during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
[email protected], or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>, [email protected].

VII. Effective Date and Congressional Notification

    15. For the same reasons the Commission has determined that public
notice and comment are unnecessary, impractical, and contrary to the
public interest, the Commission finds good cause to adopt an effective
date that is less than 30 days after the date of publication in the
Federal Register pursuant to the APA,\18\ and therefore, the regulation
is effective upon publication in the Federal Register.
---------------------------------------------------------------------------

    \18\ 5 U.S.C. 553(d)(3).
---------------------------------------------------------------------------

    16. The Commission has determined, with the concurrence of the
Administrator of the Office of Information and Regulatory Affairs of
the Office of Management and Budget, that this rule is not a ``major
rule'' as defined in section 351 of the Small Business Regulatory
Enforcement Fairness Act of 1996. This final rule is being submitted to
the Senate, House, and Government Accountability Office.

List of Subjects

18 CFR Part 250

    Natural gas, Reporting and recordkeeping requirements.

18 CFR Part 385

    Administrative practice and procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping requirements.

    By the Commission.

    Issued: January 6, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.

    In consideration of the foregoing, the Commission amends parts 250
and 385, chapter I, title 18, Code of Federal Regulations as follows:

PART 250--FORMS

0
1. The authority citation for part 250 continues to read as follows:

    Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352;
28 U.S.C. 2461 note.

0
2. Revise Sec.  250.16(e)(1) to read as follows:

Sec.  250.16  Format of compliance plan for transportation services and
affiliate transactions.

* * * * *
    (e) * * *
    (1) Any person who transports gas for others pursuant to subpart B
or G of part 284 of this chapter and who knowingly violates the
requirements of Sec. Sec.  358.4 and 358.5 of this chapter, this
section, or Sec.  284.13 of this chapter will be subject, pursuant to
sections 311(c), 501, and 504(b)(6) of the Natural Gas Policy Act of
1978, to a civil penalty, which the Commission may assess, of not more
than $1,496,035 for any one violation.
* * * * *

PART 385--RULES OF PRACTICE AND PROCEDURE

0
3. The authority citation for part 385 continues to read as follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C 3701, 9701; 42
U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note
(2015).

0
4. Revise Sec.  385.1504(a) to read as follows:

Sec.  385.1504  Maximum civil penalty (Rule 1504).

    (a) Except as provided in paragraph (b) of this section, the
Commission may assess a civil penalty of up to $27,017 for each day
that the violation continues.
* * * * *

0
5. Revise Sec.  385.1602 to read as follows:

Sec.  385.1602  Civil penalties, as adjusted (Rule 1602).

    The current inflation-adjusted civil monetary penalties provided by
law within the jurisdiction of the Commission are:
    (a) 15 U.S.C. 3414(b)(6)(A)(i), Natural Gas Policy Act of 1978:
$1,496,035.
    (b) 16 U.S.C. 823b(c), Federal Power Act: $27,017 per day.
    (c) 16 U.S.C. 825n(a), Federal Power Act: $3,529.
    (d) 16 U.S.C. 825o-1(b), Federal Power Act: $1,496,035 per day.
    (e) 15 U.S.C. 717t-1, Natural Gas Act: $1,496,035 per day.
    (f) 49 App. U.S.C. 6(10) (1988), Interstate Commerce Act: $1,566
per offense and $73 per day after the first day.
    (g) 49 App. U.S.C. 16(8) (1988), Interstate Commerce Act: $15,662
per day.
    (h) 49 App. U.S.C. 19a(k) (1988), Interstate Commerce Act: $1,566
per day.
    (i) 49 App. U.S.C. 20(7)(a) (1988), Interstate Commerce Act: $1,566
per day.

[FR Doc. 2023-00513 Filed 1-11-23; 8:45 am]
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 [Federal Register Volume 76, Number 142 (Monday, July 25, 2011)] [Notices] [Pages 44344-44345] [FR Doc No: 2011-18743]

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

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3322-EM; Docket ID FEMA-2011-0001]

Louisiana; Amendment No. 3 to Notice of an Emergency Disaster

Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for

the State of Louisiana (FEMA-3322-EM), dated May 6, 2011, and related

determinations.

DATES: Effective Date: July 7, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, 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 the incident

period for this emergency is closed effective July 7, 2011.

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. 2011-18743 Filed 7-22-11; 8:45 am]

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[Federal Register Volume 77, Number 139 (Thursday, July 19, 2012)]
[Proposed Rules]
[Pages 42459-42462]
[FR Doc No: 2012-17616]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0746; Directorate Identifier 2008-SW-35-AD]
RIN 2120-AA64

Airworthiness Directives; MD Helicopters, Inc. (MDHI) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Proposed Rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
MDHI Model 500N, 600N, and MD900 helicopters to require determining the
cure date for each NOTAR fan blade tension-torsion strap (T-T strap),
establishing a calendar-time retirement life for certain T-T straps,
reducing the retirement life of certain T-T straps, marking each T-T
strap with the expiration date, creating a component record card for
each T-T strap, and revising the airworthiness limitations section of
the maintenance manual to reflect the changes to the retirement life.
This proposal is prompted by a report from the T-T strap manufacturer
that, over a period of time, moisture may reduce the strength of a T-T
strap. The proposed actions are intended to prevent failure of a T-T
strap, loss of directional control and subsequent loss of control of
the helicopter.

DATES: We must receive comments on this proposed AD by September 17,
2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Examining the AD Docket: You may examine the AD docket on the
Internet at http://www.regulations.gov or in person at the Docket
Operations Office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this proposed AD, the
economic evaluation, any comments received, and other information. The
street address for the Docket Operations Office (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.
    For service information identified in this proposed AD, contact MD
Helicopters, Inc., Attn: Customer Support Division, 4555 E. McDowell
Rd., Mail Stop M615, Mesa, Arizona 85215-9734, telephone 1-800-388-
3378, fax<PHONE_NUMBER>, or on the Web at http://www.mdhelicopters.com.
You may review a copy of the referenced service information at the FAA,
Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd.,
Room 663, Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: John Cecil, Aviation Safety Engineer,
FAA, Los Angeles Aircraft Certification Office, Airframe Branch, 3960
Paramount Blvd., Lakewood, California 90712-4137; telephone 562-627-
5228, fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    The manufacturer has issued service information that indicates that
it and its supplier, Lord Corporation, have determined that certain T-T
straps can, over time, absorb moisture that can weaken the T-T strap.
It indicates that a T-T strap failure can cause decreased directional
control of the helicopter. Accordingly, it specifies, in addition to
the current time-in-service (TIS) retirement life limit, an additional
calendar-time retirement life limit for four part-numbered T-T straps
and a reduced retirement life of 2,500 hours TIS for T-T strap, part
number (P/N) 500N5311-5, if it is installed on a Model 500N or 600N
helicopter after it has been installed on a Model MD900 helicopter. The
calendar life would start when the package was opened.
    This action proposes to adopt these new calendar-life limits for T-
T straps, P/N 500N5311-5, P/N 900R3442009-101, P/N 900R3442009-103, and
P/N 900R6442009-103, measured from the manufacturer's cure date or the
date the package containing the T-T strap was opened exposing it to the
environment outside the package. We are also proposing to adopt
requirements that a component record card be created and that the T-T
straps be marked with the retirement life limit calendar date
(expiration date).
    For the MDHI Model MD900 helicopters, AD 2006-18-01 (71 FR 51095,
August 29, 2006) already contains a revised TIS life limits for T-T
straps, P/N 900R3442009-103 and P/N 900R6442009-103 and additional
inspection requirements for all four affected T-T straps, P/N 500N5311-
5, P/N 900R3442009-101, P/N 900R3442009-103, and P/N 900R6442009-103.
The requirements of that AD 2006-18-01 would remain in effect.

FAA's Determination

    We are proposing this AD because we evaluated all known relevant
information and determined that an unsafe condition exists and is
likely to exist or develop on other products of these same type
designs.

Related Service Information

    We have reviewed one MDHI service bulletin, which contains two
service bulletin numbers, SB500N-029R3, applicable to MDHI Model 500N
helicopters; and SB600N-046R3, applicable to MDHI Model 600N
helicopters, dated July 9, 2008. We have also reviewed MDHI SB900-
107R1, dated March 14, 2008, applicable to MDHI Model MD900
helicopters. All of the service bulletins describe procedures for
establishing a retirement life for each affected T-T strap by
determining the manufacturer's cure date and marking the T-T strap with
an expiration date; creating a component record card for each affected
T-T strap; replacing T-T straps that have been in service beyond their
revised life limit; and recording compliance with their service
information in the Rotorcraft Log Book.

Proposed AD Requirements

    This proposed AD would require, within six months:
     Determining the manufacturer's cure date for T-T strap, P/
N 500N5311-5 (installed on MDHI Model 500N and

MDHI 600N helicopters), and P/N 500N5311-5, P/N 900R3442009-101, P/N
900R3442009-103, or P/N 900R6442009-103 (installed on MDHI Model MD900
helicopters);
     Creating a component record card for each affected T-T
strap and recording the expiration date on the card;
     Revising the Airworthiness Limitations Section of the
applicable maintenance manual with the additional or revised retirement
life limit for the T-T straps; and
     Before a T-T strap is installed on any Model 500N, 600N,
or MD900 helicopter, the T-T strap be marked with the expiration date.

Differences Between This Proposed AD and the Service Information

    This proposed AD differs from the previously described service
bulletins as follows:
     This AD proposes requirements for T-T straps that are
installed or will be installed on the affected helicopters, but does
not address a part that is in storage.
     For a T-T strap with five or more calendar years from the
manufacturer's cure date, this AD proposes, before further flight,
replacing the T-T strap with an airworthy T-T strap. The service
bulletins specify the T-T strap to be replaced within six, 12, or 24
months, depending on the manufacturing cure date.
     The service bulletins specify to send removed parts to the
manufacturer, and this proposed AD does not require this action.
     This AD proposes reducing the life limit for any T-T
strap, P/N 500N5311-5, to 2500 hours TIS if the T-T strap has been
installed on a MDHI Model MD900 helicopter.

Costs of Compliance

    We estimate that this proposed AD would affect 111 helicopters of
U.S. registry, including 73 helicopters in the combined MDHI Model 500N
and MDHI Model 600N fleet, and 38 MDHI Model MD900 helicopters.
Determining the manufacturer's cure date, the expiration date, marking
an expiration date on the T-T strap, creating the component record
card, revising the applicable airworthiness limitations section of the
maintenance manual, and re-installing the T-T strap would take about 40
work-hours per helicopter for Model 500N and Model 600N helicopters,
and 32 work-hours per helicopter for Model MD900 helicopters, at an
average labor rate of $85 per work-hour. Required parts would cost
about $1,340 per T-T strap. Based on these figures, the total cost
impact of the proposed AD on U.S. operators would be about $543,180 for
the entire fleet, assuming all T-T straps would be marked, and assuming
11 helicopters would need T-T strap replaced (13 T-T straps per
helicopter).

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, 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 to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new
airworthiness directive (AD):

MD Helicopters, Inc. (MDHI): Docket No. FAA-2012-0746; Directorate
Identifier 2008-SW-35-AD.

(a) Applicability

    MDHI Model 500N and 600N helicopters, with a NOTAR fan blade
tension-torsion strap (T-T strap), part number (P/N) 500N5311-5; and
MDHI Model MD900 helicopters, with a T-T strap, P/N 500N5311-5, P/N
900R3442009-101, P/N 900R3442009-103, or P/N 900R6442009-103;
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a decrease, over time,
in the strength of a T-T strap caused by moisture. This condition
could result in failure of a T-T strap, loss of directional control,
and subsequent loss of control of the helicopter.

(c) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(d) Required Actions

    (1) Within six months, determine the manufacturer's cure date of
each of the 13 T-T straps.
    (i) For a T-T strap with five or more calendar years from the
manufacturer's cure date, before further flight, replace the T-T
strap with an airworthy T-T strap.
    (ii) For a T-T strap with less than five calendar years from the
manufacturer's cure date, mark the expiration date on the T-T strap
face in permanent ink.
    (2) Thereafter, before installing a T-T strap, mark the
expiration date on the T-T strap using permanent ink. The expiration
date is five years from the date the T-T strap package was opened,
or if that date was not recorded, five years from the manufacturer's
cure date.
    (3) On or before the date you comply with paragraph (d)(1) or
(d)(2) of this AD, create a component record card for each T-T strap
and record on the card the manufacturer's cure date or the date that
the T-T strap package was opened, if that date was recorded
previously, and the T-T strap expiration date.
    (4) This AD revises the Airworthiness Limitations section of the
maintenance manual by establishing:
    (i) A calendar life limit for the T-T straps, P/N 500N5311-5,
900R3442009-101, 900R3442009-103, and 900R6442009-103 of

five years from the date the T-T strap package was opened, or if
that date was not recorded, five years from the manufacturer's cure
date.
    (ii) A 2,500 hour time-in-service (TIS) life limit for any T-T
straps, P/N 500N5311-5, installed on a Model 500N or Model 600N
helicopter that was previously installed on a Model MD900
helicopter.

    Note to paragraph (d) of this AD:  For the MDHI Model MD900
helicopters, AD 2006-18-01 (71 FR 51095, August 29, 2006) contains
additional TIS life limits for T-T straps, P/N 900R3442009-103 and
P/N 900R6442009-103 and additional inspection requirements for all
four affected T-T straps, P/N 500N5311-5, P/N 900R3442009-101, P/N
900R3442009-103, and P/N 900R6442009-103.

 (e) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Los Angeles Aircraft Certification Office, FAA,
may approve AMOCs for this AD. Send your proposal to: John Cecil,
Aviation Safety Engineer, FAA, Los Angeles Aircraft Certification
Office, Airframe Branch, 3960 Paramount Blvd., Lakewood, California
90712-4137; telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(f) Additional Information

    MDHI has issued one service bulletin with two numbers, SB500N-
029R3 for the Model 500N helicopters, and SB600N-046R3 for the Model
600N helicopters, dated July 9, 2008. MD Helicopters, Inc. has also
issued SB900-107R1, dated March 14, 2008, for the Model MD900
helicopters. These service bulletins, which are not incorporated by
reference, contain information related to the subject of this AD.
For this service information, contact MD Helicopters, Inc., Attn:
Customer Support Division, 4555 E. McDowell Rd., Mail Stop M615,
Mesa, Arizona 85215-9734, telephone 1-800-388-3378, fax 480-346-
6813, or on the web at http://www.mdhelicopters.com. You may review
a copy of this information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.

(g) Subject

    Joint Aircraft Service Component (JASC) Code: 6410: Tail rotor
blades.

    Issued in Fort Worth, Texas, on July 10, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-17616 Filed 7-18-12; 8:45 am]
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