[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Proposed Rules]
[Pages 59254-59256]
[FR Doc No: 2020-20097]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0328]
RIN 1625-AA00

Safety Zones; Marine Events Held in the Sector Boston Captain of
the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Atlantic Ocean. This action is necessary
to provide for the safety of life on these navigable waters near Sandy
Beach, Cohasset, MA, during a fireworks display on November 28, 2020.
This proposed rulemaking would prohibit persons and vessels from being
in the safety zone unless authorized by the Captain of the Port Boston
or a designated representative. We invite your comments on this
proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before October 21, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0328 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MSTC Jae L. Ramirez, Waterways
Management Representative; telephone<PHONE_NUMBER> or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On May 26, 2020, the Cohasset 250th Anniversary 2020 Committee
notified the Coast Guard that it will be conducting a fireworks display
from 9 p.m. to 10 p.m. on November 28, 2020, to commemorate the 250th
anniversary of Cohasset. The fireworks are to be launched from a barge
in the Atlantic Ocean approximately 1000 feet north of the Sandy Beach
in Cohasset, MA. Hazards from firework displays include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The Captain of the Port Boston (COTP) has determined
that potential hazards associated with the fireworks to be used in this
display would be a safety concern for anyone within a 420-foot radius
of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 420-foot radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 9 p.m. to 10
p.m. on November 28, 2020. The safety zone would cover all navigable
waters within 420 feet of a barge in the Atlantic Ocean located
approximately 1000 feet north of Sandy Beach, Cohasset, MA. The
duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the scheduled 9 p.m.
to 10 p.m. fireworks display. No vessel or person would be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. The regulatory text we are proposing appears
at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on this regulatory
action determination is based on the size, location, duration, and
time-of-day of the safety zone. Vessel traffic would be able to safely
transit around this safety zone which would impact a small designated
area of the Atlantic Ocean for one hour during the evening when vessel
traffic is normally low. Moreover, the Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed 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 call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    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 proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves a safety
zone lasting one hour that would prohibit entry within 420 feet of a
fireworks barge. Normally such actions are categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

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 is
proposing to amend 33 CFR part 165 as follows:

PART 165--SAFETY ZONE FOR COHASSET FIREWORKS DISPLAY

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add a new Sec.  165.T01-0328 to read as follows:

Sec.  165.T01-0328   Safety Zone--Cohasset Fireworks--Atlantic Ocean,
Cohasset, Massachusetts.

    (a) Location. The following area is a safety zone: All navigable
waters within a 420-foot radius of the fireworks barge positioned in
the Atlantic Ocean approximately 1000 feet north of the Sandy Beach in
Cohasset, MA, before, during, and after the fireworks display.
    (b) Effective and enforcement period. This rule will be effective
on November 28, 2020, from 9 p.m. to 10 p.m.
    (c) Regulations. While this safety zone is being enforced, the
following regulations, along with those contained in Sec.  165.23
apply:
    (1) No person or vessel may enter or remain in this safety zone
without the permission of the Captain of the Port (COTP) or the COTP's
representatives. However, any vessel that is granted permission by the
COTP or the COTP's representatives must proceed through the area with
caution and operate at a speed no faster than that speed necessary to
maintain a safe course, unless otherwise required by the Navigation
Rules.
    (2) Any person or vessel permitted to enter the safety zone shall
comply with the directions and orders of the COTP or the COTP's
representatives. Upon being hailed by a U.S. Coast Guard vessel by
siren, radio, flashing lights, or other means, the operator of a vessel
within the zone shall proceed as directed. Any person or vessel within
the safety zone shall exit the zone when directed by the COTP or the
COTP's representatives.
    (3) To obtain permissions required by this regulation, individuals
may reach

the COTP or a COTP representative via VHF channel 16 or<PHONE_NUMBER>
(Sector Boston Command Center).
    (d) Penalties. Those who violate this section are subject to the
penalties set forth in 46 U.S.C. 70036 and 46 U.S.C. 70053.
    (e) Notification. Coast Guard Sector Boston will give notice
through the Local Notice to Mariners and Broadcast Notice to Mariners
for the purpose of enforcement of this temporary safety zone. Sector
Boston will also notify the public to the greatest extent possible of
any period in which the Coast Guard will suspend enforcement of this
safety zone.
    (f) COTP representative. The COTP's representative may be any Coast
Guard commissioned, or petty officer or any federal, state, or local
law enforcement officer who has been designated by the COTP to act on
the COTP's behalf. The COTP's representative may be on a Coast Guard
vessel, a Coast Guard Auxiliary vessel, a state or local law
enforcement vessel, or a location on shore.

    Dated: September 8, 2020.
E.J. Doucette,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2020-20097 Filed 9-18-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Proposed Rules]
[Page 47656]
[FR Doc No: 2017-22182]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 112

[Docket No. FDA-2011-N-0921]
RIN 0910-ZA50

Standards for the Growing, Harvesting, Packing, and Holding of
Produce for Human Consumption; Extension of Compliance Dates for
Subpart E; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule; correction.

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

SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
correcting a proposed rule that published in the Federal Register of
September 13, 2017. That proposed rule proposes to extend, for covered
produce other than sprouts, the dates for compliance with the
agricultural water provisions in the ``Standards for the Growing,
Harvesting, Packing, and Holding of Produce for Human Consumption''
regulation. We are placing a corrected copy of the proposed rule in the
docket.

DATES: October 13, 2017.

FOR FURTHER INFORMATION CONTACT: Samir Assar, Center for Food Safety
and Applied Nutrition (HFS-317), Food and Drug Administration, 5001
Campus Dr., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In the Federal Register of September 13,
2017 (82 FR 42963), FDA published the proposed rule ``Standards for the
Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption; Extension of Compliance Dates for Subpart E'' with an
omission.
    In FR Doc. 2017-19434, appearing on page 42963 in the Federal
Register of September 13, 2017, the following correction is made:
    On page 42967, in the third column, the paragraph above the table
is corrected to include the fourth sentence as follows: ``There would
be a reduction in benefits associated with extending the compliance
dates as described previously. Consumers eating non-sprout covered
produce would not enjoy the potential health benefits (i.e., reduced
risk of illness) provided by the provisions of subpart E until 2 to 4
years (depending on the specific provision) later than originally
established in the produce safety regulation. Thus, the annualized
total benefits to consumers, discounted at 3 percent over 10 years,
would decrease by $108 million from $1.033 billion to $925 million.
Taking into consideration both the reduction in costs and the reduction
in benefits, using a 3 (7) percent discount rate, the proposed rule
would have negative annualized net benefits of $96 ($97) million.
Estimated changes in benefits and costs as a result of this proposed
extension are summarized in the following table.''

    Dated: October 10, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-22182 Filed 10-12-17; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Notices]
[Pages 78747-78748]
[FR Doc No: 2015-31689]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-4667]

Determination That Vancomycin Hydrochloride Injection Drug
Products, Were Not Withdrawn From Sale for Reasons of Safety or
Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) has
determined that VANCOCIN (vancomycin hydrochloride (HCl)) injection,
500 milligrams (mg)/vial, 1 gram (g)/vial, 10 g/vial (``the VANCOCIN
drug products''); VANCOLED (vancomycin HCl) injection, 500 mg/vial, 1
g/vial, 2 g/vial, 5 g/vial, and 10 g/vial (``the VANCOLED drug
products''); and VANCOCIN HYDROCHLORIDE (vancomycin HCl) injection, 500
mg/vial and 1 g/vial (``the VANCOCIN HCl drug products'') (hereinafter
collectively ``these Vancomycin HCl drug products''), were not
withdrawn from sale for reasons of safety or effectiveness. This
determination will allow FDA to approve abbreviated new drug
applications (ANDAs) for these Vancomycin HCl drug products if all
other legal and regulatory requirements are met.

FOR FURTHER INFORMATION CONTACT: Robin Fastenau, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6236, Silver Spring, MD 20993-0002, 240-
402-4510<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price
Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417)
(the 1984 amendments), which authorized the approval of duplicate
versions of drug products under an ANDA procedure. ANDA applicants
must, with certain exceptions, show that the drug for which they are
seeking approval contains the same active ingredient in the same
strength and dosage form as the ``listed drug,'' which is a version of
the drug that was previously approved. ANDA applicants do not have to
repeat the extensive clinical testing otherwise necessary to gain
approval of a new drug application (NDA).
    The 1984 amendments include what is now section 505(j)(7) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which
requires FDA to publish a list of all approved drugs. FDA publishes
this list as part of the ``Approved Drug Products With Therapeutic
Equivalence Evaluations,'' which is known generally as the ``Orange
Book.'' Under FDA regulations, drugs are removed from the list if the
Agency withdraws or suspends approval of the drug's NDA or ANDA for
reasons of safety or effectiveness or if FDA determines that the listed
drug was withdrawn from sale for reasons of safety or effectiveness (21
CFR 314.162).
    A person may petition the Agency to determine, or the Agency may
determine on its own initiative, whether a listed drug was withdrawn
from sale for reasons of safety or effectiveness. This determination
may be made at any time after the drug has been withdrawn from sale,
but must be made prior to approving an ANDA that refers to the listed
drug (Sec.  314.161 (21 CFR 314.161)). FDA may not approve an ANDA that
does not refer to a listed drug.
    The VANCOCIN drug products are the subject of ANDA 62-812 held by
ANI Pharmaceuticals, Inc., and were initially approved on November 17,
1987. The VANCOLED drug products are the subject of ANDA 62-682 held by
Eurohealth International S[agrave]rl and were initially approved on
July 22, 1986. The VANCOCIN HCl drug products are the subject of ANDA
60-180 held by ANI Pharmaceuticals, Inc., and were initially approved
on November 6, 1964. These Vancomycin HCl drug products are indicated
for the treatment of serious or severe infections caused by susceptible
strains of methicillin-resistant (beta-lactam-resistant) staphylococci.
They are indicated for penicillin-allergic patients; for patients who
cannot receive or who have failed to respond to other drugs, including
the penicillins or cephalosporins; and for infections caused by
vancomycin-susceptible organisms that are resistant to other
antimicrobial drugs. They are indicated for initial therapy when
methicillin-resistant staphylococci are suspected, but after
susceptibility data are available, therapy should be adjusted
accordingly.
    These Vancomycin HCl drug products are currently listed in the
``Discontinued Drug Product List'' section of the Orange Book.
    Strides Arcolab Limited submitted a citizen petition dated May 18,
2009 (Docket No. FDA-2009-P-0242), under Sec.  10.30 (21 CFR 10.30),
requesting that the Agency determine whether VANCOCIN (Vancomycin HCl)
injection, 10 g/vial, was withdrawn from sale for reasons of safety or
effectiveness. Although the citizen petition did not address the 500
mg/vial and 1 g/vial strengths, these strengths have also been
discontinued. On our own initiative, we have also determined whether
these strengths were withdrawn for safety or effectiveness reasons.
Hospira submitted a citizen petition dated October 5, 2015 (Docket No.
FDA-2015-P-3621), under Sec.  10.30, requesting that the Agency
determine whether VANCOLED (vancomycin HCl) injection, 10 g bulk
packaging, was withdrawn from sale for reasons of safety or
effectiveness. Although the citizen petition did not address the 500
mg/vial, 1 g/vial, 2 g/vial, and 5 g/vial strengths, these strengths
have also been discontinued. On our own initiative, we have also
determined whether these strengths were withdrawn from sale for reasons
of safety or effectiveness. In addition, the VANCOCIN HCl (Vancomycin
HCl), injection, 500 mg/vial, and 1 g/vial drug products have been
discontinued from sale and FDA has determined whether these drug
products were withdrawn from the market for safety or effectiveness
reasons.
    After considering the citizen petitions and reviewing Agency
records and based on the information we have at this time, FDA has
determined under Sec.  314.161 that these Vancomycin HCl drug products
were not withdrawn for reasons of safety or effectiveness. The
petitioners have identified no data or other information suggesting
that these Vancomycin HCl drug products were withdrawn for reasons of
safety or effectiveness. We have carefully reviewed our files for
records concerning the withdrawal of these Vancomycin HCl drug products
from sale. We have also independently evaluated relevant literature and
data for possible postmarketing adverse events. We have reviewed the
available evidence and determined that these drug products were not
withdrawn from sale for reasons of safety or effectiveness.
    Accordingly, the Agency will continue to list these Vancomycin HCl
drug products in the ``Discontinued Drug Product List'' section of the
Orange Book. The ``Discontinued Drug Product List'' delineates, among
other items, drug products that have been discontinued from marketing
for reasons other than safety or effectiveness. ANDAs that refer to
these Vancomycin HCl drug products may be approved by the Agency as
long as they meet all other legal and regulatory requirements for the
approval of ANDAs. If FDA determines that labeling for these drug
products should be revised to meet current standards, the Agency will

advise ANDA applicants to submit such labeling.

    Dated: December 11, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-31689 Filed 12-16-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: August 8, 2008 (Volume 73, Number 154)]
[Notices]
[Page 46343]
[DOCID:fr08au08-103]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activity Seeking OMB Approval

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget's (OMB) revision of a current
information collection. The Federal Register Notice with a 60-day
comment period soliciting comments on the following collection of
information was published on May 15, 2008, vol. 73, no. 95, page 28182.
The rule regarding the protection of voluntarily submitted information
acts to ensure that certain non-required information offered by air
carriers will not be disclosed.

DATES: Please submit comments by September 8, 2008.

FOR FURTHER INFORMATION CONTACT: Carla Mauney at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA)

    Title: Protection of Voluntarily Submitted Information.
    Type of Request: Extension without change of a currently approved
collection.
    OMB Control Number: 2120-0646.
    Forms(s): There are no FAA forms associated with this collection.
    Affected Public: An estimated 10 Respondents.
    Frequency: This information is collected on occasion.
    Estimated Average Burden per Response: Approximately 1 hour per
response.
    Estimated Annual Burden Hours: An estimated 5 hours annually.
    Abstract: The rule regarding the protection of voluntarily
submitted information acts to ensure that certain non-required
information offered by air carriers will not be disclosed.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to Nathan Lesser, Desk Officer, Department of Transportation/
FAA, and sent via electronic mail to<EMAIL_ADDRESS>or
faxed to<PHONE_NUMBER>.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility, and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC, July 30, 2008.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. E8-18082 Filed 8-7-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Notices]
[Pages 30914-30917]
[FR Doc No: 2014-12423]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72227; File No. SR-NSX-2014-15]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Amend Certain Requirements Pertaining to Sponsored Access Under Rules
11.9 and 11.17

May 22, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 8, 2014, National Stock Exchange, Inc. (``NSX[supreg]'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change, as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comment 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 is proposing certain amendments to Rule 11.9, titled
``Access'' and to Rule 11.17, titled ``Clearance and Settlement.'' The
text of the proposed rule change is available on the Exchange's Web
site at http://www.nsx.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 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 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 is proposing certain amendments to Rule 11.9,
paragraph (b) governing the requirements for a Sponsored Participant
\3\ to obtain access to the Exchange's trading system (the ``System'')
\4\ through a Sponsoring ETP Holder.\5\ First, the Exchange is
proposing to amend paragraph (b) of Rule 11.9 to eliminate a provision
that a Sponsored Participant may obtain access to the System ``. . .
only if such participant is a registered broker or dealer and a self-
clearing member of a Qualified Clearing Agency. . . .'' The Exchange
proposes to make a conforming amendment to paragraph (a) of Rule 11.17
to eliminate the parallel provision that ``[e]ach Sponsored Participant
must be a member of a Qualified Clearing Agency . . . .;''
---------------------------------------------------------------------------

    \3\ A ``Sponsored Participant'' is defined in Exchange Rule
1.5S.(1) as ``. . . a person who has entered into a sponsorship
arrangement with a Sponsoring ETP Holder pursuant to Rule 11.9.''
    \4\ The ``System'' is defined in Exchange Rule 1.5S.(4) as ``. .
. the electronic securities communications and trading facility
designated by the Board [of Directors of the Exchange] through which
the orders of Users are consolidated for ranking and execution.''
    \5\ A ``Sponsoring ETP Holder'' is defined in Exchange Rule
1.5S(2) as ``. . . a broker-dealer that has been issued an ETP by
the Exchange who has been designated by a Sponsored Participant to
execute, clear and settle transactions resulting from the System.
The Sponsoring ETP Holder shall be either (i) a clearing firm with
membership in a clearing agency registered with the Commission that
maintains facilities through which transactions may be cleared or
(ii) a correspondent firm with a clearing arrangement with any such
clearing firm.''
---------------------------------------------------------------------------

    The Exchange submits that the import of these two rule provisions
was to assure that a Sponsored Participant accessing the Exchange was
an entity subject to the risk, capital and compliance requirements
applicable to brokers and dealers under the federal securities laws,
the regulations promulgated thereunder, and the rules of the self-
regulatory organizations to which such a broker or dealer belonged. The
additional requirement that the Sponsored Participant be a self-
clearing member of a Qualified Clearing Agency operated to assure that
trades executed by the Sponsored Participant in the NSX marketplace
would settle and clear without risk to counter-parties, to the
Exchange, or to the wider market. These considerations were
particularly important to the extent that a Sponsored Participant may
have had an arrangement with the Sponsoring ETP Holder whereby the
Sponsored Participant's orders bypassed the Sponsoring ETP Holder's
trading systems and were routed orders directly to the Exchange.
    The Exchange submits that the requirement of Rule 11.9 that a
Sponsored Participant must be a registered broker or dealer and a self-
clearing member of a Qualified Clearing Agency is no longer necessary
in view of the significant changes to the regulations governing market
access that have been enacted since Rule 11.9 was last amended in
2006.\6\ Most notably, in November 2010, the Commission adopted Rule
15c3-5, Risk Management Controls for Brokers or Dealers with Market
Access \7\ Rule 15c3-5 requires, inter alia, that a broker or dealer
with market access,\8\ or that provides a customer or any other person
with access to an exchange through the use

of its mnemonic or market participant identifier or otherwise,
establish, document and maintain a system of risk management controls
and supervisory procedures reasonably designed to manage the financial,
regulatory and other risks, such as legal and operational risks,
related to market access.\9\ Rule 15c3-5 requires that a broker or
dealer's financial risk management controls and supervisory procedures
be reasonably designed to systematically limit the financial exposure
that could arise as a result of market access, including preventing the
entry of orders that exceed pre-set credit or capital thresholds and
rejecting erroneous or duplicative orders.\10\ A broker-dealer's
regulatory risk management controls and supervisory procedures must be
reasonably designed to ensure compliance with all regulatory
requirements, including preventing the entry of orders unless there has
been compliance with all regulatory requirements that must be satisfied
on a pre-order entry basis.\11\ The Rule further requires that the
broker or dealer with market access have direct and exclusive control
of the risk management controls and supervisory procedures.\12\
---------------------------------------------------------------------------

    \6\ See Exchange Act Release No. 54391 (August 31, 2006); 71 FR
52836 (September 7, 2006)(SR-NSX-2006-08).
    \7\ 17 CFR 240.15c3-5; Securities Exchange Act Release No. 63241
(November 3, 2010), 75 FR 69791 (November 15, 2010).
    \8\ Rule 15c3-5(a)(1) defines market access as access to trading
in securities on an exchange or alternative trading system as a
result of being a member or subscriber of the exchange or
alternative trading system, or access to trading in securities on an
alternative trading system provided by a broker-dealer operator of
an alternative trading system to a non-broker-dealer. See 17 CFR
240.15c3-5(a)(1).
    \9\ 17 CFR 240.15c3-5(b).
    \10\ 17 CFR 240.15c3-5(c)(1).
    \11\ 17 CFR 240.15c3-5(b) and (c).
    \12\ 17 CFR 240.15c3-5(d).
---------------------------------------------------------------------------

    The Exchange submits that the provisions of Rule 15c3-5, which
operate to prohibit ``unfiltered'' or ``naked'' access where a
customer's order flow does not pass through an ETP Holder's systems or
filters prior to entry on the Exchange, render the requirement of Rule
11.9(b) that a Sponsored Participant be a self-clearing broker-dealer,
and its parallel requirement in the text of Rule 11.17(a), to be
extraneous. Moreover, the Exchange notes that an examination of the
requirements for Sponsored Participants under the rules of other
national equity security exchanges discloses that they do not contain a
similar requirement that a Sponsored Participant be a registered, self-
clearing broker-dealer.\13\ Thus, by this proposed amendment, the
Exchange will bring the requirements of Rule 11.9(b) into alignment
with the rules of other exchanges. The Exchange believes that this
change will operate to enhance efficiencies by eliminating the need for
ETP Holders to impose special requirements on its Sponsored
Participants for purposes of accessing the Exchange when such special
requirements are not required for purposes of sponsored access to other
exchanges.
---------------------------------------------------------------------------

    \13\ See, e.g., New York Stock Exchange LLC (``NYSE) Rule
123B.10(c); NYSE Arca Equities, Inc. (``NYSE Arca'') Rule 7.29(b);
BATS Exchange, Inc. (``BATS'') Rule 11.3; EDGA Exchange, Inc.
(``EDGA'') Rule 11.3(b).
---------------------------------------------------------------------------

    The Exchange also proposes to amend subparagraph (b)(2)(D) of Rule
11.9 that requires, in relevant part, that a Sponsored Participant
provide ``upon request'' a list of Authorized Traders who may obtain
access to the System on behalf of the Sponsored Participant to the
Sponsoring ETP Holder and to the Exchange. Under the Exchange's
proposed amendment, the Sponsored Participant would be required to
provide a list of Authorized Traders to the Sponsoring ETP Holder, but
would not limit this requirement to instances where a request is made
by the Sponsoring ETP Holder to do so.\14\ The Exchange believes that
it is important for a Sponsoring ETP Holder to have a current list of
its Sponsored Participants' Authorized Traders and, since other
exchanges have the same requirement, the amendment as proposed would
enhance the ability of the Sponsoring ETP Holder to comply with market
access requirements while not imposing any greater compliance burden.
---------------------------------------------------------------------------

    \14\ The Exchange's proposed amendment to require that a
Sponsored Participant furnish a list of its Authorized Traders to
its Sponsoring ETP Holder mirrors the same requirement found in NYSE
Arca Rule 7.29(b)(2)(D) and BATS Rule 11.3(b)(2)(D).
---------------------------------------------------------------------------

    The Exchange also proposes to delete from paragraph (b)(3) of Rule
11.9 the provision that it is the responsibility of the Sponsoring ETP
Holder, without limitation to clear and settle the Sponsored
Participant's trades in the event that the Sponsored Participant or its
Qualified Clearing Agency does not accept any such trades. The Exchange
believes that deletion of this text is consistent with the proposed
removal of the requirement under Rule 11.9 that a Sponsored Participant
must be a self-clearing broker or dealer and notes that the preceding
sentence of Rule 11.9(b)(3), which will remain unchanged under the
Exchange's proposal, requires a written statement from the Sponsoring
ETP Holder that it is responsible for the ``orders, executions and
actions of its Sponsored Participant at issue.'' The Exchange also
notes that Rule 1.5S.(2) defines ``Sponsoring ETP Holder'' as a broker-
dealer that has been designated by a Sponsored Participant to ``. . .
execute, clear and settle transactions resulting from the System. . .
.'' The Exchange does not believe that the text it proposes to remove
impacts in any way the respective obligations of the Sponsoring ETP
Holder or Sponsored Participant with respect to the clearing and
settlement of the Sponsored Participant's executions on the Exchange.
2. Statutory Basis
    The Exchange believes that the proposed amendments to Rules 11.9
and 11.17 are consistent with the requirements of the Act and the rules
and regulations thereunder that are applicable to a national securities
exchange and, in particular, with the requirements of Section 6(b) of
the Act.\15\ In particular, the Exchange submits that its proposal is
consistent with Section 6(b)(5) of the Act,\16\ because it would
promote just and equitable principles of trade and remove impediments
to, and perfect the mechanism of, a free and open market and a national
market system and, in general, protect investors and the public
interest.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that amending Rule 11.9(b) to remove the
requirement that a Sponsored Participant must be a registered, self-
clearing broker or dealer, along with the parallel requirement
contained in Rule 11.17(a), is consistent with Section 6(b)(5), in that
it would remove from the Exchange's rules provisions that, while
intended as salutary requirements intended to protect investors and the
public interest, are now extraneous to that goal because of the
significant changes to the regulatory and compliance structure for
market access that have resulted from the implementation of Rule 15c3-
5. Accordingly, the Exchange submits that considerations of investor
protection and the public interest are no longer effectively served by
placing the additional requirement on prospective Sponsored
Participants that they meet the criterion of being a self-clearing
broker-dealer, as well as satisfying the other requirements of Rule
11.9, before they can access the Exchange's marketplace.
    The Exchange further believes that its proposal to eliminate the
self-clearing broker-dealer requirement for Sponsored Participants from
Rule 11.9(b)(2) and 11.17(a) would operate to promote just and
equitable principles of trade and remove impediments to and perfect the
mechanism of a free and open market and national market system. The
Exchange's proposal aligns the Exchange's rules with those of other
national securities exchanges, which do not have the same requirements
in their respective sponsored access and

clearance and settlement rules.\17\ The Exchange thereby aspires to
promote the consistency of its rules with other Exchanges by removing a
requirement that other exchanges do not have and which can be deemed an
impediment to a free and open market and national market system.
---------------------------------------------------------------------------

    \17\ See footnote 13, supra.
---------------------------------------------------------------------------

    Similarly, the Exchange believes that its proposal to amend
subparagraph (b)(2)(D) of Rule 11.9 to require that a Sponsored
Participant shall provide a list of its Authorized Traders to the
Sponsoring ETP Holder is consistent with Section 6(b)(5) of the Act in
that it promotes just and equitable principles of trade and the
protection of investors. The Exchange believes that it is important for
a Sponsoring ETP Holder to have a current list of its Sponsored
Participants' Authorized Traders and not confine that requirement to
instances where the Sponsoring ETP Holder requests such a list.
Moreover, as other exchanges have the same requirement, the amendment
as proposed would enhance the ability of the Sponsoring ETP Holder to
comply with market access requirements while not imposing any greater
compliance burden.\18\
---------------------------------------------------------------------------

    \18\ Id.
---------------------------------------------------------------------------

    The Exchange's proposed amendment deleting from paragraph (b)(3) of
Rule 11.9 the provision that it is the responsibility of the Sponsoring
ETP Holder, without limitation to clear and settle the Sponsored
Participant's trades in the event that the Sponsored Participant or its
Qualified Clearing Agency does not accept any such trades, is
consistent with Section 6(b)(5). The Exchange submits that the text
proposed for deletion was apposite within the context of the
requirement that a Sponsored Participant must be a self-clearing
registered broker or dealer, which is also proposed for deletion. The
Exchange notes that the preceding sentence of Rule 11.9(b)(3), which
will remain unchanged under the Exchange's proposal, requires a written
statement from the Sponsoring ETP Holder that it is responsible for the
``orders, executions and actions of its Sponsored Participant at
issue'' and that Rule 1.5S.(2) defines ``Sponsoring ETP Holder'' as a
broker-dealer that has been designated by a Sponsored Participant to
``. . . execute, clear and settle transactions resulting from the
System. . . .'' The Exchange believes that its proposal will operate to
clarify and impart consistency within its rules, which is consistent
with the requirements of Section 6(b)(5) of the Act that the rules of
the Exchange promote just and equitable principles of trade and the
protection of investors and the public interest.

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

    The Exchange believes that the proposed amendments to Rules 11.9
and 11.17 are in accordance with Section 6(b)(8) of the Act in that
they will not place any burden on competition that is not necessary or
appropriate in furtherance of the Act. In fact, the Exchange believes
that its proposed amendment will promote competition by removing from
Rule 11.9 the requirement that a Sponsored Participant seeking to
attain access to the Exchange's marketplace through a Sponsoring ETP
Holder must itself be a self-clearing registered broker or dealer.
Since the access rules of other national securities exchanges do not
contain a similar requirement, its proposed removal from Rule 11.9 will
make access to the Exchange subject to meeting similar terms and
conditions as required by other exchanges and not imposing special or
unique provisions that operate as a barrier to obtaining access on the
Exchange. The Exchange believes that the proposed amendments will
therefore promote competition rather than impede it in any way.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from ETP Holders or other interested parties.

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

    Because the foregoing proposed rule change does not:

A. Significantly affect the protection of investors or the public
interest;
B. impose any significant burden on competition; and
C. become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate;

it has become effective pursuant to Section 19(b)(3)(A) \19\ of the
Exchange Act and Rule 19b-4(f)(6) \20\ thereunder. In addition, the
Exchange provided the Commission with written notice of its intent to
file the proposed rule change, along with a brief description and text
of the proposed rule change, at least five business days prior to the
date of filing, or such shorter time as designated by the
Commission.\21\
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange requests that the Commission waive the 30-day
operative delay so that the proposed rule change may become effective
and operative upon filing with the Commission pursuant to Section
19(b)(3)(A) of the Act \22\ and paragraph (f)(6) of Rule 19b-4
thereunder.\23\
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    The Commission finds that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest. In
particular, the proposed rule change will align the NSX sponsored
access requirements with that of other exchanges. Further, waiver of
the operative delay would allow Exchange ETP Holders to enter sponsored
access arrangements immediately. Accordingly, the Commission designates
the proposal operative upon filing.\24\
---------------------------------------------------------------------------

    \24\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(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 necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-NSX-2014-15 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 No. SR-NSX-2014-15. This file
number should be included in the subject line if email is used. To help
the Commission process and review

comments more efficiently, please use only one method. The Commission
will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent
amendments, all written statements with respect to the proposed rule
change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. eastern time.
Copies of such filings will also 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-NSX-2014-15 and should be submitted on
or before June 19, 2014.

    For the Commission by the Division of Trading and Markets,
pursuant to the delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-12423 Filed 5-28-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 28, 2010 (Volume 75, Number 144)]
[Notices]
[Page 44253-44255]
[DOCID:fr28jy10-66]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0723; FRL-8838-1]

Methidathion; Registration Review Proposed Decision; Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's proposed
registration review decision for the pesticide methidathion and opens a
public comment period on the proposed decision. Registration review is
EPA's periodic review of pesticide registrations to ensure that each
pesticide continues to satisfy the statutory standard for registration,
that is, that the pesticide can perform its intended function without
unreasonable adverse effects on human health or the environment.
Through this program, EPA is ensuring that each pesticide's
registration is based on current scientific and other knowledge,
including its effects on human health and the environment.

DATES: Comments must be received on or before September 27, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0723, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility's telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket identification (ID)
number EPA-HQ-OPP-2008-0723. EPA's policy is that all comments received
will be included in the docket without change and may be made available
on-line at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be
automatically captured and

included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility's
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For pesticide-specific information,
contact: Jose Gayoso, Chemical Review Manager, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>    For general information on the registration review program,
contact: Kevin Costello, Pesticide Re-evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 305-5026; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general and may be of
interest to a wide range of stakeholders including environmental, human
health, farmworkers, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the chemical review manager listed under FOR FURTHER
INFORMATION CONTACT.

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What Action is the Agency Taking?

    Pursuant to 40 CFR 155.58, this notice announces the availability
of EPA's proposed registration review decision for the pesticide,
methidathion, case number 0034, and opens a 60-day public comment
period on the proposed decision. Methidathion is a non-systemic,
organophosphate (OP) used as an insecticide/acaricide on a wide variety
of terrestrial food and feed crops and terrestrial non-food crops. The
pesticide acts through inhibition of acetylcholinesterase and is used
to kill a broad range of insects and mites. There are no residential
uses.
    The registration review docket for a pesticide includes earlier
documents related to the registration review of the case. For example,
the review opened with the posting of a Summary Document, containing a
Preliminary Work Plan for public comment. A Final Work Plan was posted
to the docket following public comment on the initial docket.
    As stated in the Methidathion Preliminary Work Plan and
Methidathion Final Work Plan for registration review, the Agency had
intended to revise the existing risk assessments for methidathion.
However, after the publication of the Methidathion Final Work Plan,
pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended, the Agency announced receipt of
requests to voluntarily cancel all methidathion product registrations
from the registrants of methidathion. After a 30-day comment period,
EPA granted the voluntary cancellation requests establishing effective
cancellation dates (75 FR 30824) (FRL-8828-4) for all of the products
registered for use in the United States containing the active
ingredient methidathion.
    Following public comment, the Agency will issue a final
registration review decision for products containing methidathion.
    The registration review program is being conducted under
congressionally mandated timeframes, and EPA recognizes the need both
to make timely decisions and to involve the public. Section 3(g) of
FIFRA, as amended, required EPA to establish, by regulation, procedures
for reviewing pesticide registrations, originally with a goal of
reviewing each pesticide's registration every 15 years to ensure that a
pesticide continues to meet the FIFRA standard for registration. The
Agency's final rule to implement this program was issued in August
2006, and became effective in

October 2006, and appears at 40 CFR part 155, subpart C. The Pesticide
Registration Improvement Act of 2003 (PRIA) was amended and extended in
September 2007. FIFRA, as amended by PRIA in 2007, requires EPA to
complete registration review decisions by October 1, 2022, for all
pesticides registered as of October 1, 2007.
    The registration review final rule at 40 CFR 155.58(a) provides for
a minimum 60-day public comment period on all proposed registration
review decisions. This comment period is intended to provide an
opportunity for public input and a mechanism for initiating any
necessary amendments to the proposed decision. All comments should be
submitted using the methods in ADDRESSES, and must be received by EPA
on or before the closing date. These comments will become part of the
docket for methidathion. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments.
    The Agency will carefully consider all comments received by the
closing date and will provide a ``Response to Comments Memorandum'' in
the docket. The final registration review decision will explain the
effect that any comments had on the decision and provide the Agency's
response to significant comments.
    Background on the registration review program is provided at:
http://www.epa.gov/oppsrrd1/registration_review. Links to earlier
documents related to the registration review of methidathion are
provided at: http://www.epa.gov/oppsrrd1/registration_review/
methidathion/index.htm.

B. What is the Agency's Authority for Taking this Action?

    Section 3(g) of FIFRA and 40 CFR part 155, subpart C, provide
authority for this action.

List of Subjects

    Environmental protection, Administrative practice and procedure,
Pesticides and pests, Methidathion.

    Dated: July 21, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.

[FR Doc. 2010-18539 Filed 7-27-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Notices]
[Pages 80659-80660]
[FR Doc No: 2016-27479]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC16-146-000.
    Applicants: Great Plains Energy, Westar Energy, Inc.
    Description: Response of Great Plains Energy Incorporated to each
question (except Item 4) of the October 7, 2016 Deficiency Letter.
    Filed Date: 11/7/16.
    Accession Number: 20161107-5294.
    Comments Due: 5 p.m. ET 11/28/16.

    Docket Numbers: EC17-19-000.
    Applicants: Chisholm View Wind Project II, LLC.
    Description: Supplement to October 19, 2016 Application for
Authorization Under Section 203 of the Federal Power Act, et al. of
Chisholm View Wind Project II, LLC.
    Filed Date: 11/4/16.
    Accession Number: 20161104-5213.
    Comments Due: 5 p.m. ET 11/14/16.

    Docket Numbers: EC17-29-000.
    Applicants: West Deptford Energy, LLC.
    Description: Application for Approval Under Section 203 of the
Federal Power Act and Request for Expedited Action of West Deptford
Energy, LLC.
    Filed Date: 11/7/16.
    Accession Number: 20161107-5298.
    Comments Due: 5 p.m. ET 11/28/16.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG17-25-000.
    Applicants: Three Peaks Power, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Three Peaks Power, LLC.
    Filed Date: 11/8/16.
    Accession Number: 20161108-5075.
    Comments Due: 5 p.m. ET 11/29/16.

    Docket Numbers: EG17-26-000.
    Applicants: Fluvanna Wind Energy, LLC.
    Description: Fluvanna Wind Energy, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 11/8/16.
    Accession Number: 20161108-5101.
    Comments Due: 5 p.m. ET 11/29/16.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1819-016; ER10-1817-015; ER10-1818-014; ER10-
1820-019.
    Applicants: Northern States Power Company, a Minnesota corporation,
Northern States Power Company, a Wisconsin corporation, Public Service
Company of Colorado, Southwestern Public Service Company.
    Description: Notice of Change in Status of Northern States Power
Company, a Minnesota corporation, et al.
    Filed Date: 11/7/16.
    Accession Number: 20161107-5295.
    Comments Due: 5 p.m. ET 11/28/16.

    Docket Numbers: ER17-61-001.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance filing: Compliance Amendment Orders 827 828
tariff revisions to be effective 10/13/2016.
    Filed Date: 11/8/16.
    Accession Number: 20161108-5105.
    Comments Due: 5 p.m. ET 11/29/16.

    Docket Numbers: ER17-315-000.
    Applicants: Niagara Mohawk Power Corporation.
    Description: Notice of Cancellation of Interconnection Service
Agreement No. 916 of Niagara Mohawk Power Corporation.
    Filed Date: 11/7/16.
    Accession Number: 20161107-5288.
    Comments Due: 5 p.m. ET 11/28/16.

    Docket Numbers: ER17-316-000.
    Applicants: New England Power Company.
    Description: Notice of Cancellation of Superseded Local Service
Agreement No. TSA-NEP-49 of New England Power Company.
    Filed Date: 11/7/16.
    Accession Number: 20161107-5300.
    Comments Due: 5 p.m. ET 11/28/16.

    Docket Numbers: ER17-317-000.
    Applicants: West Deptford Energy, LLC.
    Description: Request for Waiver and for Expedited Consideration of
West Deptford Energy, LLC under ER17-317.
    Filed Date: 11/7/16.
    Accession Number: 20161107-5301.
    Comments Due: 5 p.m. ET 11/28/16.

    Docket Numbers: ER17-318-000.
    Applicants: Three Peaks Power, LLC.
    Description: Baseline eTariff Filing: Three Peaks MBR Filing to be
effective 11/14/2016.
    Filed Date: 11/8/16.
    Accession Number: 20161108-5124.
    Comments Due: 5 p.m. ET 11/29/16.

    Docket Numbers: ER17-319-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Amendment of LGIA for the
Catalina Solar Project to be effective 1/9/2017.
    Filed Date: 11/8/16.
    Accession Number: 20161108-5086.
    Comments Due: 5 p.m. ET 11/29/16.

    Docket Numbers: ER17-320-000.
    Applicants: ISO New England Inc., New England Power Pool.
    Description: ISO New England Inc., et. al. submits Installed
Capacity Requirement, Hydro Quebec Interconnection Capability Credits
and Related Values for the 2020/2021 Capacity Commitment Period.
    Filed Date: 11/8/16.
    Accession Number: 20161108-5106.
    Comments Due: 5 p.m. ET 11/29/16.

    Docket Numbers: ER17-321-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits Informational filing for
Qualification in the Forward Capacity Market.
    Filed Date: 11/8/16.
    Accession Number: 20161108-5108.
    Comments Due: 5 p.m. ET 11/23/16.

    Docket Numbers: ER17-322-000.
    Applicants: Midcontinent Independent System Operator, Inc., Otter
Tail Power Company.
    Description: Sec.  205(d) Rate Filing: 2016-11-08_SA 2970 Otter
Tail Power-Northern States Power FSA (J262/J263) to be effective 10/26/
2016.
    Filed Date: 11/8/16.
    Accession Number: 20161108-5113.
    Comments Due: 5 p.m. ET 11/29/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For

other information, call<PHONE_NUMBER> (toll free). For TTY, call (202)
502-8659.

    Dated: November 8, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-27479 Filed 11-15-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Rules and Regulations]
[Pages 50005-50008]
[FR Doc No: 2023-16166]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1296; Project Identifier MCAI-2022-00628-T;
Amendment 39-22495; AD 2023-13-10]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-20-05
and AD 2022-09-16, which applied to certain Airbus SAS Model A318
series; A319-111, -112, -113, -114, -115, -131, -132, -133, -151N, and
-153N; A320 series; and A321 series airplanes. AD 2020-20-05 and AD
2022-09-16 required revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations. This AD was prompted by a determination that
new or more restrictive airworthiness limitations are necessary. This
AD continues to require the actions in AD 2022-09-16, and also requires
revising the existing maintenance or inspection program, as applicable,
to incorporate additional new or more restrictive airworthiness
limitations; as specified in a European Union Aviation Safety Agency
(EASA) AD, which is incorporated by reference. The FAA is issuing this
AD to address the unsafe condition on these products.

DATES: This AD is effective September 5, 2023.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 5,
2023

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1296; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2022-1296.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-
231-3225; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-20-05, Amendment 39-21261 (85 FR
65197, October 15, 2020) (AD 2020-20-05), and AD 2022-09-16, Amendment
39-22036 (87 FR 31943, May 26, 2022) (AD 2022-09-16). AD 2020-20-05 and
AD 2022-09-16 applied to certain Model A318-111, -112, -121, and -122
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, and -153N airplanes; Model A320-211, -212, -214, -216, -231, -
232, -233, -251N, -252N, -253N, -271N, -272N, and -273N airplanes; and
Model -111, -112, -131, -211, -212, -213, -231, -232, -251N, -251NX, -
252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, and -272NX
airplanes. AD 2020-20-05 and AD 2022-09-16 required revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. The FAA
issued AD 2020-20-05 and AD 2022-09-16 to address fatigue cracking,
accidental damage, or corrosion in principal structural elements, which
could result in reduced structural integrity of the airplane.
    The NPRM published in the Federal Register on October 20, 2022 (87
FR 63712). The NPRM was prompted by AD 2022-0085, dated May 12, 2022,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2022-0085) (also referred to as the MCAI).
The MCAI states that new and/or more restrictive maintenance tasks have
been published.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1296.
    In the NPRM, the FAA proposed to continue to require the actions in
AD 2022-09-16 and require revising the existing maintenance or
inspection program, as applicable, to incorporate additional new or
more restrictive airworthiness limitations, as specified in EASA AD
2022-0085. The NPRM also proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, as specified in EASA AD
2021-0140.
    The FAA issued a supplemental notice of proposed rulemaking (SNPRM)
to amend 14 CFR part 39 to supersede AD 2020-20-05 and AD 2022-09-16.

The SNPRM published in the Federal Register on March 23, 2023 (88 FR
17429) (the SNPRM). The SNPRM was prompted by a determination that new
or more restrictive airworthiness limitations are necessary. In the
SNPRM, the FAA proposed to continue to require the actions in AD 2022-
09-16 and require revising the existing maintenance or inspection
program, as applicable, to incorporate additional new or more
restrictive airworthiness limitations, as specified in EASA AD 2022-
0085. The NPRM also proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, as specified in EASA AD
2021-0140. The FAA is issuing this AD to address fatigue cracking,
accidental damage, or corrosion in principal structural elements, which
could result in reduced structural integrity of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Air Line Pilots Association,
International (ALPA), who supported the SNPRM without change.
    The FAA received an additional comment from United Airlines. The
following presents the comment received on the SNPRM and the FAA's
response.

Request To Allow Airbus Statement of Airworthiness Compliance (ASAC)

    United Airlines requested that the FAA allow Airbus-issued ASACs as
acceptable means of compliance when they support extensions to the
compliance time of specified airworthiness limitation section (ALS)
part 2 tasks.
    The FAA has determined that the requested change is unnecessary
because the provisions of paragraph (r)(2) permit means of compliance
approved by Airbus SAS's EASA Design Organization Approval (DOA),
provided that the approval includes the DOA-authorized signature. This
AD has not been changed with regard to this request.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, this AD is adopted as proposed in the SNPRM. None of the
changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0085 and EASA AD 2023-0008. This
service information specifies new or more restrictive airworthiness
limitations for airplane structures and safe life limits. These
documents are distinct since one includes all damage tolerant
airworthiness limitations items and the other revises certain damage
tolerant airworthiness limitation items.
    This AD would also require EASA AD 2021-0140, which the Director of
the Federal Register approved for incorporation by reference as of June
30, 2022 (87 FR 31943, May 26, 2022).
    This AD would also require EASA AD 2020-0036R1, which the Director
of the Federal Register approved for incorporation by reference as of
November 19, 2020 (85 FR 65197, October 15, 2020).
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 1,864 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2020-20-05 and AD 2022-09-16 to be $7,650 (90 work-
hours x $85 per work-hour).
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. The FAA estimates the total cost per operator for the new
actions to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

    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) Will not affect intrastate aviation in Alaska, and
    (3) 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 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:
0
a. Removing Airworthiness Directive (AD) 2020-20-05, Amendment 39-21261
(85 FR 65197, October 15, 2020); and AD 2022-09-16, Amendment 39-22036
(87 FR 31943, May 26, 2022); and
0
b. Adding the following new AD:

2023-13-10 Airbus SAS: Amendment 39-22495; Docket No. FAA-2022-1296;
Project Identifier MCAI-2022-00628-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 5,
2023.

(b) Affected ADs

    This AD replaces AD 2020-20-05, Amendment 39-21261 (85 FR 65197,
October 15, 2020) (AD 2020-20-05); and AD 2022-09-16, Amendment 39-
22036 (87 FR 31943, May 26, 2022) (AD 2022-09-16).

(c) Applicability

    This AD applies to Airbus SAS airplanes specified in paragraphs
(c)(1) through (4) of this AD, certificated in any category, with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before November 10, 2022.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.

(d) Subject

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

(e) Unsafe Condition

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

(f) Compliance

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

(g) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes From AD 2020-20-05

    This paragraph restates the requirements of paragraph (i) of AD
2020-20-05, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before October 11, 2019: Except as
specified in paragraph (h) of this AD: Comply with all required
actions and compliance times specified in, and in accordance with,
European Union Aviation Safety Agency (EASA) AD 2020-0036R1, dated
June 24, 2020 (EASA AD 2020-0036R1). Accomplishing the maintenance
or inspection program revision required by paragraph (o) of this AD
terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2020-0036R1, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD
2020-20-05, with no changes.
    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0036R1 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0036R1 specifies revising
``the AMP'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, to incorporate the ``tasks and associated thresholds and
intervals'' specified in paragraph (3) of EASA AD 2020-0036R1 within
90 days after November 19, 2020 (the effective date of AD 2020-20-
05).
    (3) The initial compliance times for doing the tasks specified
in paragraph (3) of EASA AD 2020-0036R1 are at the applicable
``associated thresholds'' specified in paragraph (3) of EASA AD
2020-0036R1, or within 90 days after November 19, 2020 (the
effective date of AD 2020-20-05), whichever occurs later.
    (4) The provisions specified in paragraphs (4), (5), and (6) of
EASA AD 2020-0036R1 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0036R1 does not
apply to this AD.

(i) Retained Provisions for Alternative Actions or Intervals From AD
2020-20-05, With New Exception

    This paragraph restates the requirements of paragraph (k) of AD
2020-20-05, with new exception. Except as required by paragraphs (k)
and (o) of this AD, after the existing maintenance or inspection
program has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or intervals are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2020-0036R1.

(j) Retained Credit for Original EASA AD, With No Changes

    This paragraph restates the credit provided in paragraph (l) of
AD 2020-20-05, with no changes. This paragraph provides credit for
actions required by paragraph (g) of this AD, if those actions were
performed before November 19, 2020 (the effective date of AD 2020-
20-05) using EASA AD 2020-0036, dated February 26, 2020.

(k) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes From AD 2022-09-16

    This paragraph restates the requirements of paragraph (g) of AD
2022-09-16, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before November 10, 2020: Except as
specified in paragraph (l) of this AD, comply with all required
actions and compliance times specified in, and in accordance with,
EASA AD 2021-0140, dated June 14, 2021 (EASA AD 2021-0140).
Accomplishing the revision of the existing maintenance or inspection
program required by paragraph (o) of this AD terminates the
requirements of this paragraph.

(l) Retained Exceptions to EASA AD 2021-0140

    This paragraph restates the requirements of paragraph (h) of AD
2022-09-16, with no changes.
    (1) Where EASA AD 2021-0140 refers to its effective date, this
AD requires using June 30, 2022 (the effective date of AD 2022-09-
16).
    (2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0140 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0140 specifies revising ``the
approved [aircraft maintenance program] AMP'' within 12 months after
its effective date, but this AD requires revising the existing
maintenance or inspection program, as applicable, within 90 days
after June 30, 2022 (the effective date of AD 2022-09-16).
    (4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2021-0140 is at the applicable
``thresholds'' as incorporated by the requirements of paragraph (3)
of EASA AD 2021-0140, or within 90 days after June 30, 2022 (the
effective date of AD 2022-09-16), whichever occurs later.
    (5) The provisions specified in paragraph (4) of EASA AD 2021-
0140 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0140 does not apply
to this AD.

(m) Retained Provisions for Alternative Actions or Intervals From AD
2022-09-16, With New Exception

    This paragraph restates the requirements of paragraph (i) of AD
2022-09-16, with new exception. Except as required by paragraph (o)
of this AD, after the existing maintenance or inspection program has
been revised as required by paragraph (k) of this AD, no alternative
actions (e.g., inspections) or intervals are allowed unless they are
approved as specified in the provisions of the ``Ref. Publications''
section of EASA AD 2021-0140.

(n) Retained Terminating Action for Certain Requirements in AD 2020-20-
05, With Revised References

    This paragraph restates the terminating action specified in
paragraph (i) of AD 2022-09-16, with revised references.
Accomplishing the actions required by paragraph (k) of this AD,
including incorporating Task 531135-03-1 as required by EASA AD
2021-0140, terminates Task 531135-01-2, as required by EASA AD 2020-
0036R1 by the requirements in paragraph (g) of this AD.

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

    Except as specified in paragraph (p) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2022-0085, dated May 12, 2022 (EASA AD
2022-0085) and EASA AD 2023-0008, dated January 16, 2023 (EASA AD
2023-0008). Where EASA AD 2023-0008 affects the same airworthiness
limitations as those in EASA AD 2022-0085, the airworthiness
limitations referenced in EASA AD 2023-0008 prevail. Accomplishing
the revision of the existing maintenance or

inspection program required by this paragraph terminates the
requirements of paragraphs (g) and (i) of this AD.

(p) Exceptions to EASA AD 2022-0085 and to EASA AD 2023-0008

    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0085 and of EASA AD 2023-0008 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0085 and of EASA AD 2023-0008
specifies revising ``the approved AMP'' within 12 months after its
effective date, but this AD requires revising the existing
maintenance or inspection program, as applicable, within 90 days
after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0085 and of EASA AD 2023-0008 is at
the applicable ``thresholds'' as incorporated by the requirements of
paragraph (3) of EASA AD 2022-0085 and of EASA AD 2023-0008,
respectively, or within 90 days after the effective date of this AD,
whichever occurs later. Where EASA AD 2023-0008 affects the same
airworthiness limitations as those in EASA AD 2022-0085, the
airworthiness limitations referenced in EASA AD 2023-0008 prevail.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0085 and of EASA AD 2023-0008 do not apply to this AD.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0085 and of EASA AD 2023-0008.

(q) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (o) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2022-0085 or EASA AD 2023-0008, as
applicable.

(r) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (s) of this AD. Information may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2022-09-16 are approved as
AMOCs for the corresponding provisions of EASA AD 2021-0140 that are
required by paragraph (i) of this AD.
    (iii) AMOCs approved previously for AD 2020-20-05 are approved
as AMOCs for the corresponding provisions of EASA AD 2020-0036R1
that are required by paragraph (g) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(s) Additional Information

    For more information about this AD, contact Dan Rodina, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email [email protected].

(t) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
September 5, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0085,
dated May 12, 2022.
    (ii) European Union Aviation Safety Agency (EASA) AD 2023-0008,
dated January 16, 2023.
    (4) The following service information was approved for IBR on
June 30, 2022 (87 FR 31943, May 26, 2022).
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0140,
dated June 14, 2021.
    (ii) [Reserved]
    (5) The following service information was approved for IBR on
November 19, 2020 (85 FR 65197, October 15, 2020).
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0036R1,
dated June 24, 2020.
    (ii) [Reserved]
    (6) For the EASA ADs identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find these EASA ADs on the EASA website at ad.easa.europa.eu.
    (7) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (8) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 25, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-16166 Filed 7-31-23; 8:45 am]
BILLING CODE 4910-13-P