[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Rules and Regulations]
[Pages 51245-51246]
[FR Doc No: 2022-18017]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0432; Airspace Docket No. 22-ASO-5]
RIN 2120-AA66

Amendment of Class E Airspace; Greenwood, SC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace extending upward from 700
feet above the surface at Greenwood County Airport, Greenwood, SC, due
to the decommissioning of the Coronaca non-directional beacon (NDB) and
cancellation of associated approaches, as well as updating the
airport's geographic coordinates. Controlled airspace is necessary for
the safety and management of instrument flight rules (IFR) operations
in the area.

DATES: Effective 0901 UTC, November 3, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace for Greenwood County Airport, Greenwood,
SC, to support IFR operations in the area.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (87 FR 31193, May 23, 2022) for Docket No. FAA-2022-0432 to
amend Class E airspace extending upward from 700 feet above the surface
at Greenwood County Airport, Greenwood, SC.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E airspace designations are published in Paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic routes, and reporting
points.

The Rule

    The FAA is amending 14 CFR part 71 by amending Class E airspace
extending upward from 700 feet above the surface at Greenwood County
Airport, Greenwood, SC, due to the decommissioning of the Coronaca NDB
and cancellation of associated approaches. This action eliminates the

east extension and creates an extension to the west. This action also
updates the airport's geographic coordinates to coincide with the FAA's
database.
    Class E airspace designations are published in Paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is minimal. Since this is a routine matter that only
affects air traffic procedures an air navigation, it is certified that
this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a.
    This airspace action is not expected to cause any potentially
significant environmental impacts, and no extraordinary circumstances
exist that warrant preparation of an environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air)

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11F,
Airspace Designations and Reporting Points, dated August 10, 2021, and
effective September 15, 2021, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO SC E5 Greenwood, SC [Amended]

Greenwood County Airport, SC
    (Lat. 34[deg]15'01'' N, long. 82[deg]09'28'' W)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Greenwood County Airport, and within 2-
miles each side of the 265[deg] bearing of the airport extending
from the 7-mile radius to 9.1-miles west of the airport.

    Issued in College Park, Georgia, on August 15, 2022.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2022-18017 Filed 8-19-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57668-57671]
[FR Doc No: 2020-20374]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0394; Project Identifier AD-2019-00141-E;
Amendment 39-21230; AD 2020-18-09]
RIN 2120-AA64

Airworthiness Directives; Honeywell International Inc. Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Honeywell International Inc. (Honeywell) ALF502L, ALF502L-2, ALF502L-
2A, ALF502L-2C, ALF502L-3, ALF502R-3, ALF502R-3A, ALF502R-4, ALF502R-5,
ALF502R-6, LF507-1F, and LF507-1H model turbofan engines. This AD was
prompted by a report of an engine experiencing an uncontained release
of low-pressure turbine (LPT) blades. This AD requires initial and
repetitive visual inspections of the overspeed fuel solenoid valve
assembly and the fuel filter outlet. Depending on the results of these
inspections, the AD may require inspection of the adjacent fuel system
tube assemblies as well as replacement or overhaul of the overspeed
fuel solenoid valve assembly. This AD also requires periodic overhaul
of the overspeed fuel solenoid valve assembly. The FAA is issuing this
AD to address the unsafe condition on these products.

DATES: This AD is effective October 21, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 21,
2020.

ADDRESSES: For service information identified in this final rule,
contact Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ
85034-2802; phone:<PHONE_NUMBER>; website: https://aerospace.honeywell.com/en#/. You may view this service information at
the FAA, Airworthiness Products Section, Operational Safety Branch,
1200 District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0394.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0394; 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, 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.

FOR FURTHER INFORMATION CONTACT: Mark Matzke, Aerospace Engineer, Los
Angeles ACO Branch, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712-
4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Honeywell ALF502L,
ALF502L-2, ALF502L-2A, ALF502L-2C, ALF502L-3, ALF502R-3, ALF502R-3A,
ALF502R-4, ALF502R-5, ALF502R-6, LF507-1F, and LF507-1H model turbofan
engines. The NPRM published in the Federal Register on May 4, 2020 (85
FR 26375). The NPRM was prompted by a report of an engine experiencing
an uncontained release of LPT blades. The NPRM proposed to require
initial and repetitive visual inspections of the overspeed fuel
solenoid valve assembly and the fuel filter outlet. Depending on the
results of these inspections, the NPRM proposed to require inspection
of the adjacent fuel system tube assemblies as well as replacement or
overhaul of the overspeed fuel solenoid valve assembly. The NPRM also
proposed to require periodic overhaul of the overspeed fuel

solenoid valve assembly. The FAA is issuing this AD to address the
unsafe condition on these products.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA considered the comment received.
The National Transportation Safety Board supported the NPRM.

Update to the Service Information

    The FAA determined the need to incorporate the latest service
information in this AD. The FAA revised the reference to Honeywell
Service Bulletin (SB) ALF/LF-72-1120 in paragraph (g) of this AD from
Revision 1, dated January 6, 2020, to Revision 2, dated May 14, 2020
(``the SB''). Revision 2 of the SB retains the same visual inspection,
overhaul, and replacement instructions as Revision 1. The FAA is,
therefore, revising the reference in this AD to Revision 2 so that
operators may avoid unnecessary submission of alternative methods of
compliance requests.

Added Definition of a Part Eligible for Installation

    The FAA determined the need to define a ``part eligible for
installation'' in this AD to clarify the overspeed fuel solenoid valve
assemblies that are eligible for installation.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule as proposed except for minor editorial
changes and the changes to the service information reference and
definition noted previously. The FAA has determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Service Information Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed Honeywell SB ALF/LF-72-1120, Revision 2, dated May
14, 2020. The SB describes procedures for a one-time inspection and
overhaul of the overspeed fuel solenoid valve assembly, fuel tube, and
dual heater oil cooler.
    The FAA reviewed Honeywell Temporary Revision (TR) No. 72-1022,
dated October 14, 2019, to Honeywell Engine Manual Report No. 286.1,
Revision 27, dated August 27, 2004 for Honeywell Engine Manual ALF502R.
The TR describes procedures for repetitive overhaul of overspeed fuel
solenoid valve assemblies installed on Honeywell ALF502R model engines.
    The FAA reviewed Honeywell TR No. 72-202, dated October 10, 2019,
to Honeywell Engine Manual Report No. 507F.1, Revision 6, dated August
16, 2013, for Honeywell Engine Manual LF507-1F. The TR describes
procedures for repetitive overhaul of overspeed fuel solenoid valve
assemblies installed on Honeywell LF507-1F model engines.
    The FAA reviewed Honeywell TR No. 72-177, dated October 10, 2019,
to Honeywell Engine Manual Report No. 507H.1, Revision 5, dated
September 30, 1999, for Honeywell Engine Manual LF507-1H. The TR
describes procedures for repetitive overhaul of overspeed fuel solenoid
valve assemblies installed on Honeywell LF507-1H model engines.
    The FAA reviewed Honeywell TR No. 72-57, dated October 29, 2019, to
Honeywell Turbofan Engine Overhaul Manual 72-07-07, Revision 1, dated
January 31, 2001, for Honeywell Overhaul Manual ALF502L. The TR
describes procedures for repetitive overhaul of overspeed fuel solenoid
valve assemblies installed on Honeywell ALF502L model engines.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Other Related Service Information

    The FAA reviewed Wright Components, Inc., Component Maintenance
Manual (CMM) 73-19-01, Initial Revision, dated July 30, 1982. The CMM
describes procedures for overhauling three-way two-position solenoid
operated fuel valves, part number 2-303-175-01.
    The FAA reviewed Honeywell Service Bulletin (SB) ALF502-72-0001,
Revision 24, dated October 29, 2019. The SB describes procedures for
repetitive visual inspections of overspeed fuel solenoid valve
assemblies installed on Honeywell ALF502R model engines.
    The FAA reviewed Honeywell SB LF507-1F-72-1, Revision 10, dated
October 29, 2019. The SB describes procedures for repetitive visual
inspections of overspeed fuel solenoid valve assemblies installed on
Honeywell LF507-1F model engines.
    The FAA reviewed Honeywell SB LF507-1H-72-1, Revision 9, dated
October 18, 2019. The SB describes procedures for repetitive visual
inspections of overspeed fuel solenoid valve assemblies installed on
Honeywell LF507-1H model engines.
    The FAA reviewed Honeywell SB ALF502-72-0005, Revision 17, dated
October 29, 2019. The SB describes procedures for repetitive visual
inspections of overspeed fuel solenoid valve assemblies installed on
Honeywell ALF502L model engines.

Costs of Compliance

    The FAA estimates that this AD affects 210 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Visual inspection of the fuel solenoid  2 work-hours x $85 per                $0            $170         $35,700
 valve, fuel filter outlet, and          hour = $170.
 adjacent fuel system tube assemblies.
Overhaul of overspeed fuel solenoid     0.25 work-hours x $85              7,700        7,721.25    1,621,462.50
 valve assembly.                         per hour = $21.25.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary overhauls
or replacements that would be required based on the results of the
inspection. The FAA has no way of determining the number of aircraft
that might need these overhauls or replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Removal, Inspection, and Cleaning of the        2 work-hours x $85 per hour =                 $0            $170
 engine fuel tube assemblies.                    $170.
Replacement or overhaul of overspeed fuel       0.25 work-hours x $85 per hour =           7,700        7,721.25
 solenoid valve assembly.                        $21.25.
----------------------------------------------------------------------------------------------------------------

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) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2020-18-09 Honeywell International Inc.: Amendment 39-21230; Docket
No. FAA-2020-0394; Project Identifier AD-2019-00141-E.

(a) Effective Date

    This AD is effective October 21, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Honeywell International Inc. (Honeywell)
ALF502L, ALF502L-2, ALF502L-2A, ALF502L-2C, ALF502L-3, ALF502R-3,
ALF502R-3A, ALF502R-4, ALF502R-5, ALF502R-6, LF507-1F, and LF507-1H
model turbofan engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7200, Engine
(Turbine/Turboprop); 7300, Engine Fuel and Control; and 7620, Engine
Emergency Shutdown System.

(e) Unsafe Condition

    This AD was prompted by a report of an engine experiencing an
uncontained release of low-pressure turbine (LPT) blades. The FAA is
issuing this AD to prevent failure of the LPT blades. The unsafe
condition, if not addressed, could result in uncontained LPT blade
release, damage to the engine, and loss of the aircraft.

(f) Compliance

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

(g) Required Actions

    (1) Perform an initial visual inspection of the overspeed fuel
solenoid valve assembly and fuel filter outlet in accordance with
the Accomplishment Instructions, paragraphs 3.B.(1) to (3), of
Honeywell Service Bulletin (SB) ALF/LF-72-1120, Revision 2, dated
May 14, 2020 (``Honeywell SB ALF/LF-72-1120''), using the times, as
applicable, in paragraphs (g)(1)(i), (ii), and (iii) of this AD.
    (i) If, on the effective date of this AD, the fuel solenoid
valve assembly has 1,500 or less engine cycles since last overhaul,
perform the inspection before exceeding 3,000 engine cycles since
last overhaul or within 5 years after the effective date of this AD,
whichever occurs first.
    (ii) If, on the effective date of this AD, the fuel solenoid
valve assembly has greater than 1,500 but less than 3,000 engine
cycles since last overhaul, perform the inspection before exceeding
3,500 engine cycles since last overhaul or within 5 years after the
effective date of this AD, whichever occurs first.
    (iii) If, on the effective date of this AD, the fuel solenoid
valve assembly has 3,000 or more engine cycles since last overhaul,
perform the inspection before exceeding 500 engine cycles or within
5 years after the effective date of this AD, whichever occurs first.
    (2) Thereafter, repeat the visual inspection of the overspeed
fuel solenoid valve assembly, fuel filter outlet, and adjacent fuel
system tube assemblies at intervals not to exceed 3,000 engine
cycles since the last visual inspection using the Accomplishment
Instructions, paragraphs 3.B.(1) to (3), of Honeywell SB ALF/LF-72-
1120.
    (3) If, based on the visual inspection required by paragraph
(g)(1) or (2) of this AD, an overspeed fuel solenoid valve assembly
is rejected for visual coking or varnish residue, as depicted in the
Accomplishment Instructions, paragraph 3.B.(3) of Honeywell SB ALF/
LF-72-1120, before further flight:
    (i) Remove and inspect the adjacent fuel system tube assemblies
using the Accomplishment Instructions, paragraph 3.B.(3) of
Honeywell SB ALF/LF-72-1120.
    (ii) Overhaul the overspeed fuel solenoid valve assembly or
replace it with a part eligible for installation using the
Accomplishment Instructions, paragraphs 3.B.(5) to (8), of Honeywell
SB ALF/LF-72-1120.

    Note to paragraph (g)(3)(ii) of this AD:  Valves may be serviced
at any appropriately rated, FAA-approved repair facility.

    (4) At the next engine shop visit after the effective date of
this AD, and each shop visit thereafter, if the overspeed fuel
solenoid valve assembly time since new or since last overhaul,
whichever is less, exceeds 8,000 engine cycles or is unknown,
overhaul the overspeed fuel solenoid valve assembly in accordance
with the applicable Honeywell Temporary Revision (TR) for the
engine, as defined in paragraph (h)(2) of this AD.

(h) Definition

    (1) For the purpose of this AD, a ``part eligible for
installation'' is an overspeed fuel solenoid valve assembly
including, but not limited to, P/Ns 2-303-175-01, 2-303-175-02, or
2-303-901-01.

    (2) For the purpose of this AD, the ``applicable Honeywell TR''
refers, depending on the affected engine model, to the following
engine model TRs:
    (i) Honeywell TR No. 72-1022, dated October 14, 2019, to
Honeywell Turbofan Aircraft Engine Manual Report No. 286.1, Revision
27, dated August 27, 2004, for Honeywell Engine Manual ALF502R;
    (ii) Honeywell TR No. 72-202, dated October 10, 2019, to
Honeywell Turbofan Aircraft Engine Manual 507F.1, Revision 6, dated
August 16, 2013, for Honeywell Engine Manual LF507-1F;
    (iii) Honeywell TR No. 72-177, dated October 10, 2019, to
Honeywell Turbofan Aircraft Engine Manual Report No. 507H.1,
Revision 5, dated September 30, 1999, for Honeywell Engine Manual
LF507-1H; or
    (iv) Honeywell TR No. 72-57, dated October 29, 2019, to
Honeywell Turbofan Engine Overhaul Manual 72-07-07, Revision 1,
dated January 31, 2001, for Honeywell Overhaul Manual ALF502L.

(i) Credit for Previous Actions

    You may take credit for the initial visual inspection, overhaul,
and replacement required by paragraph (g)(1) to (3) of this AD if
the inspection was performed using the Accomplishment Instructions,
paragraphs 3.B.(1) to (3) and 3.B.(5) to (8), of Honeywell SB ALF/
LF-72-1120, Revision 1, dated January 6, 2020, or paragraphs 3.B.(1)
to (3) and 3.B.(6) of Revision 0, dated August 30, 2019.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO 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 local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (k) of this AD. Information may
be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    For more information about this AD, contact Mark Matzke,
Aerospace Engineer, Los Angeles ACO Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-
627-5210; email<EMAIL_ADDRESS>
(l) 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 the AD specifies otherwise.
    (i) Honeywell International Inc. (Honeywell) Service Bulletin
ALF/LF-72-1120, Revision 2, dated May 14, 2020.
    (ii) Honeywell Temporary Revision (TR) No. 72-1022, dated
October 14, 2019, to Honeywell Turbofan Aircraft Engine Manual
Report No. 286.1, Revision 27, dated August 27, 2004, for Honeywell
Engine Manual ALF502R.
    (iii) Honeywell TR No. 72-202, dated October 10, 2019, to
Honeywell Turbofan Aircraft Engine Manual 507F.1, Revision 6, dated
August 16, 2013, for Honeywell Engine Manual LF507-1F.
    (iv) Honeywell TR No. 72-177, dated October 10, 2019, to
Honeywell Turbofan Aircraft Engine Manual Report No. 507H.1,
Revision 5, dated September 30, 1999, for Honeywell Engine Manual
LF507-1H.
    (v) Honeywell TR No. 72-57, dated October 29, 2019, to Honeywell
Turbofan Engine Overhaul Manual 72-07-07, Revision 1, dated January
31, 2001, for Honeywell Overhaul Manual ALF502L.
    (3) For Honeywell service information identified in this AD,
contact Honeywell International Inc., 111 S. 34th Street, Phoenix,
AZ 85034-2802; phone:<PHONE_NUMBER>; website: https://aerospace.honeywell.com/en#/.
    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 24, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-20374 Filed 9-15-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Proposed Rules]
[Pages 30797-30798]
[FR Doc No: 2013-12311]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-1175; Airspace Docket No. 12-AAL-11]

Proposed Amendment of Class E Airspace; Point Thomson, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the airspace at Point Thomson,
AK by establishing Class E Airspace at Point Thomson Airstrip Airport,
Point Thomson, AK. This will accommodate aircraft using a new Area
Navigation (RNAV) Global Positioning System (GPS) standard instrument
approach procedures at the airport. The FAA is proposing this action to
enhance the safety and management of aircraft operations at the
airport.

DATES: Comments must be received on or before July 8, 2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2012-
1175; Airspace Docket No. 12-AAL-11, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2012-1175 and Airspace Docket No. 12-AAL-11) and be submitted in
triplicate

to the Docket Management System (see ADDRESSES section for address and
phone number). You may also submit comments through the Internet at
http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2012-1175 and Airspace Docket No. 12-AAL-11''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by establishing Class E Airspace extending
upward from 700 feet above the surface at Point Thomson Airstrip
Airport, Point Thomson, AK. Controlled airspace is necessary to
accommodate aircraft using the new RNAV (GPS) standard instrument
approach procedures at Point Thomson Airstrip Airport, and would
enhance the safety and management of instrument flight rules operations
at the airport.
    Class E Airspace designations are published in paragraph 6005, of
FAA Order 7400.9W, dated August 8, 2012, and effective September 15,
2012, which is incorporated by reference in 14 CFR part 71.1. The Class
E Airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would modify controlled airspace at Point Thomson Airstrip
Airport, Point Thomson, AK.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation Administration Order 7400.9 W, Airspace Designations and
Reporting Points, dated August 8, 2012, and effective September 15, 201
is amended as follows:

Paragraph 6005 Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AAL AK E5 Point Thomson, AK [Modify]

Point Thomson 3 Heliport, AK
    (Lat. 70[deg]10'17'' N., long. 146[deg]15'31'' W)
Point Thomson Airstrip Airport, AK
    (Lat. 70[deg]08'10'' N., long. 146[deg]17'24'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of the Point Thomson 3 Heliport, and that
airspace within an 8.9-mile radius of Point Thomson, Airstrip
Airport.

    Issued in Seattle, Washington, on May 9, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-12311 Filed 5-22-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39300-39305]
[FR Doc No: 2023-12759]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97689; File No. SR-NYSEAMER-2023-14]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing of Amendment No. 1 and Order Granting Accelerated Approval of a
Proposed Rule Change, as Modified by Amendment No. 1, To Adopt New
Section 811 of the NYSE American Company Guide To Establish Listing
Standards Related to Recovery of Erroneously Awarded Incentive-Based
Executive Compensation

June 9, 2023.

I. Introduction

    On February 22, 2023, NYSE American LLC (``NYSE American'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to adopt new Section 811 of the NYSE American
Company Guide (``Company Guide'') to require issuers to adopt and
comply with a policy providing for the recovery of erroneously awarded
incentive-based compensation received by current or former executive
officers as required by Rule 10D-1 under the Act (``Rule 10D-1''). The
proposed rule change was published for comment in the Federal Register
on March 13, 2023.\3\ On April 24, 2023, the Commission extended the
time period within which to approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether to approve or disapprove the proposed rule change.\4\
On June 7, 2023, the Exchange filed Amendment No. 1 to the proposed
rule change, which replaced and superseded the proposed rule change as
originally filed.\5\ The Commission is publishing this notice to
solicit comments on the proposed rule change, as modified by Amendment
No. 1, from interested persons and is approving the proposed rule
change, as modified by Amendment No. 1, on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 97054 (March 7,
2023), 88 FR 15466 (``Notice''). No comments were received in
response to this Notice.
    \4\ See Securities Exchange Act Release No. 97361, 88 FR 26370
(April 28, 2023).
    \5\ Amendment No. 1 is available on the Commission's website at
https://www.sec.gov/comments/sr-nyseamer-2023-14/srnyseamer202314-201279-402762.pdf. In Amendment No. 1, the Exchange (i) proposes to
amend Section 801 of the Company Guide to make it clear, consistent
with the language of proposed Section 811 of the Company Guide
(``Section 811''), that every listed issuer is subject to Section
811 unless such issuer is eligible for an exemption set forth in
that rule; (ii) amends proposed Section 811(b) to provide that the
effective date of Section 811 would be October 2, 2023; and (iii)
amends proposed Section 811(h) (Noncompliance with Section 811
(Erroneously Awarded Compensation)) (``Section 811(h)'') to provide
that in the event of any failure by a listed issuer to comply with
any requirement of Section 811, the Exchange may at its sole
discretion provide such issuer with an initial six-month cure period
and an additional six-month cure period.
---------------------------------------------------------------------------

II. Background and Description of the Proposal, as Modified by
Amendment No. 1

    On October 26, 2022, the Commission adopted final Rule 10D-1 \6\ to
implement Section 954 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010 (``Dodd-Frank Act''), which added Section 10D to
the Act. Section 10D of the Act requires the Commission to adopt rules
directing the national securities exchanges to prohibit the listing of
any security of an issuer that is not in compliance with the
requirements of Section 10D of the Act. Rule 10D-1 requires national
securities exchanges that list securities to establish listing
standards that require each issuer to adopt and comply with a written
executive compensation recovery policy and to provide the disclosures
required by Rule 10D-1 and in the applicable Commission filings.\7\
Under Rule 10D-

1, listed companies must recover from current and former executive
officers incentive-based compensation received during the three
completed fiscal years preceding the date on which the issuer is
required to prepare an accounting restatement.
---------------------------------------------------------------------------

    \6\ 17 CFR 240.10D-1.
    \7\ See Securities Exchange Act Release No. 96159, 87 FR 73076
(November 28, 2022) (``Adopting Release''). Rule 10D-1 requires such
exchange listing rules to be effective no later than one year after
November 28, 2022. Rule 10D-1 further requires that each listed
issuer: (i) adopt the required recovery policy no later than 60 days
following the effective date of the listing standard; (ii) comply
with the recovery policy for all incentive-based compensation
received by executive officers on or after the effective date of the
applicable listing standard; and (iii) provide the required
disclosures on or after the effective date of the listing standard.
---------------------------------------------------------------------------

    As required by Rule 10D-1, the Exchange proposes to adopt Section
811 entitled ``Erroneously Awarded Compensation.'' Proposed Section 811
(the ``Rule'') mirrors the text of Rule 10D-1. Specifically, proposed
Section 811 would require Exchange listed issuers to adopt a recovery
policy that complies with the requirements of the Rule (``recovery
policy''), comply with their recovery policy, and provide the required
disclosures in the applicable Commission filing.\8\ Proposed Section
1003(h) would prohibit the initial or continued listing of any security
of an issuer that is not in compliance with the requirements of any
portion of the rule.\9\
---------------------------------------------------------------------------

    \8\ See proposed Section 811(b) and (c).
    \9\ See proposed Section 1003(h).
---------------------------------------------------------------------------

    Specifically, proposed Section 811(c)(1) would require each issuer,
for initial and continued listing, to adopt and comply with a written
recovery policy providing that the issuer will recover reasonably
promptly the amount of erroneously awarded incentive-based compensation
in the event that the issuer is required to prepare an accounting
restatement due to the material noncompliance of the issuer with any
financial reporting requirement under the securities laws, including
any required accounting restatement to correct an error in previously
issued financial statements that is material to the previously issued
financial statements, or that would result in a material misstatement
if the error were corrected in the current period or left uncorrected
in the current period.
    The issuer's recovery policy must apply to all incentive-based
compensation received by a person: (A) after beginning service as an
executive officer; (B) who served as an executive officer at any time
during the performance period for that incentive-based compensation;
(C) while the issuer has a class of securities listed on a national
securities exchange or a national securities association; and (D)
during the three completed fiscal years immediately preceding the date
that the issuer is required to prepare an accounting restatement as
described in paragraph (c)(1) of the Rule.\10\ An issuer's obligation
to recover erroneously awarded compensation is not dependent on if or
when the restated financial statements are filed.
---------------------------------------------------------------------------

    \10\ See proposed Section 811(c)(1)(i). In addition to these
last three completed fiscal years, the recovery policy must apply to
any transition period (that results from a change in the issuer's
fiscal year) within or immediately following those three completed
fiscal years. However, a transition period between the last day of
the issuer's previous fiscal year end and the first day of its new
fiscal year that comprises a period of nine to 12 months would be
deemed a completed fiscal year.
---------------------------------------------------------------------------

    For purposes of determining the relevant recovery period, the date
that an issuer is required to prepare an accounting restatement as
described in paragraph (c)(1) of the Rule is the earlier to occur of:
(A) the date the issuer's board of directors, a committee of the board
of directors, or the officer or officers of the issuer authorized to
take such action if board action is not required, concludes, or
reasonably should have concluded, that the issuer is required to
prepare an accounting restatement as described in paragraph (c)(1) of
the Rule; or (B) the date a court, regulator, or other legally
authorized body directs the issuer to prepare an accounting restatement
as described in paragraph (c)(1) of the Rule.\11\
---------------------------------------------------------------------------

    \11\ See proposed Section 811(c)(1)(ii).
---------------------------------------------------------------------------

    The amount of incentive-based compensation that must be subject to
the issuer's recovery policy (``erroneously awarded compensation'') is
the amount of incentive-based compensation received that exceeds the
amount of incentive-based compensation that otherwise would have been
received had it been determined based on the restated amounts, and must
be computed without regard to any taxes paid. For incentive-based
compensation based on stock price or total shareholder return, where
the amount of erroneously awarded compensation is not subject to
mathematical recalculation directly from the information in an
accounting restatement: (A) the amount must be based on a reasonable
estimate of the effect of the accounting restatement on the stock price
or total shareholder return upon which the incentive-based compensation
was received; and (B) the issuer must maintain documentation of the
determination of that reasonable estimate and provide such
documentation to the Exchange.\12\
---------------------------------------------------------------------------

    \12\ See proposed Section 811(c)(1)(iii).
---------------------------------------------------------------------------

    The issuer must recover erroneously awarded compensation in
compliance with its recovery policy except to the extent that one of
the conditions set forth below is met, and the issuer's committee of
independent directors responsible for executive compensation decisions,
or in the absence of such a committee, a majority of the independent
directors serving on the board, has made a determination that recovery
would be impracticable.
     The direct expense paid to a third party to assist in
enforcing the policy would exceed the amount to be recovered. Before
concluding that it would be impracticable to recover any amount of
erroneously awarded compensation based on expense of enforcement, the
issuer must make a reasonable attempt to recover such erroneously
awarded compensation, document such reasonable attempt(s) to recover,
and provide that documentation to the Exchange.
     Recovery would violate home country law where that law was
adopted prior to November 28, 2022. Before concluding that it would be
impracticable to recover any amount of erroneously awarded compensation
based on violation of home country law, the issuer must obtain an
opinion of home country counsel, acceptable to the Exchange, that
recovery would result in such a violation, and must provide such
opinion to the Exchange.
     Recovery would likely cause an otherwise tax-qualified
retirement plan, under which benefits are broadly available to
employees of the registrant, to fail to meet the requirements of 26
U.S.C. 401(a)(13) or 26 U.S.C. 411(a) and regulations thereunder.\13\
---------------------------------------------------------------------------

    \13\ See proposed Section 811(c)(1)(iv).
---------------------------------------------------------------------------

    The issuer is prohibited from indemnifying any executive officer or
former executive officer against the loss of erroneously awarded
compensation.\14\
---------------------------------------------------------------------------

    \14\ See proposed Section 811(c)(1)(v).
---------------------------------------------------------------------------

    Proposed Section 811(c)(2) would require that each issuer file all
disclosures with respect to such recovery policy in accordance with the
requirements of the federal securities laws, including the disclosure
required by the applicable Commission filings.
    Proposed Section 811(d) would provide that the requirements of the
Rule do not apply to the listing of: (1) a security futures product
cleared by a clearing agency that is registered pursuant to section 17A
of the Act (15 U.S.C. 78q-1) or that is exempt from the registration
requirements of section 17A(b)(7)(A) (15 U.S.C. 78q-1(b)(7)(A)); (2) a
standardized option, as defined in 17 CFR 240.9b-1(a)(4), issued by a
clearing agency that is registered pursuant to section 17A of the Act
(15 U.S.C. 78q-1); (3) any security issued by a unit investment trust,
as defined in 15 U.S.C. 80a-4(2); and (4) any security

issued by a management company, as defined in 15 U.S.C. 80a-4(3), that
is registered under Section 8 of the Investment Company Act of 1940 (15
U.S.C. 80a-8), if such management company has not awarded incentive-
based compensation to any executive officer of the company in any of
the last three fiscal years, or in the case of a company that has been
listed for less than three fiscal years, since the listing of the
company.
    Proposed Section 811(e) would provide that, unless the context
otherwise requires, the following definitions apply for purposes of the
Rule:
     Executive Officer. An executive officer is the issuer's
president, principal financial officer, principal accounting officer
(or if there is no such accounting officer, the controller), any vice-
president of the issuer in charge of a principal business unit,
division, or function (such as sales, administration, or finance), any
other officer who performs a policy-making function, or any other
person who performs similar policy-making functions for the issuer.
Executive officers of the issuer's parent(s) or subsidiaries are deemed
executive officers of the issuer if they perform such policy making
functions for the issuer. In addition, when the issuer is a limited
partnership, officers or employees of the general partner(s) who
perform policy-making functions for the limited partnership are deemed
officers of the limited partnership. When the issuer is a trust,
officers, or employees of the trustee(s) who perform policy-making
functions for the trust are deemed officers of the trust. Policy-making
function is not intended to include policy-making functions that are
not significant. Identification of an executive officer for purposes of
the Rule would include at a minimum executive officers identified
pursuant to 17 CFR 229.401(b).
     Financial reporting measures. Financial reporting measures
are measures that are determined and presented in accordance with the
accounting principles used in preparing the issuer's financial
statements, and any measures that are derived wholly or in part from
such measures. Stock price and total shareholder return are also
financial reporting measures. A financial reporting measure need not be
presented within the financial statements or included in a filing with
the Commission.
     Incentive-based compensation. Incentive-based compensation
is any compensation that is granted, earned, or vested based wholly or
in part upon the attainment of a financial reporting measure.
     Received. Incentive-based compensation is deemed received
in the issuer's fiscal period during which the financial reporting
measure specified in the incentive-based compensation award is
attained, even if the payment or grant of the incentive-based
compensation occurs after the end of that period.
    Proposed Section 811(b) would provide that the effective date of
the Rule (``effective date'') is October 2, 2023 and that each listed
issuer must (i) adopt the recovery policy no later than 60 days
following the effective date; (ii) comply with its recovery policy for
all incentive-based compensation received (as such term is defined in
proposed Section 811(e)) by executive officers on or after the
effective date; \15\ and (iii) provide the required disclosures in the
applicable Commission filings required on or after the effective
date.\16\
---------------------------------------------------------------------------

    \15\ As described above, a listed issuer would have to comply
with its recovery policy for all incentive-based compensation
received by executive officers on or after the effective date of the
applicable listing standard (i.e., Section 811). Incentive-based
compensation that is the subject of a compensation contract or
arrangement that existed prior to the effective date of Rule 10D-1
would still be subject to recovery under the Exchange's rule if such
compensation was received on or after the effective date of Section
811, as required by Rule 10D-1. See Adopting Release, supra note 7,
and also definitions of ``incentive based compensation'' and
``received'' in proposed Section 811(e).
    \16\ See Amendment No. 1, supra note 5, at 5-6. In support of
proposing an effective date of October 2, 2023, the Exchange states
it believes this is consistent with Section 10D ``and the goal of
implementing the proposed rule promptly while also being consistent
with the expectations of listed issuer that the proposed rules would
take effect a year after the adoption of Rule 10D-1 based on the
issuers' understanding of a statement made . . . in the Rule 10D-1
Adopting Release.'' See id.
---------------------------------------------------------------------------

    The Exchange also proposes additional clarifying changes to Section
801 of the Company Guide (``Section 801'') to make clear, consistent
with the language of proposed Section 811, that every listed issuer
would be subject to proposed Section 811 unless such issuer is eligible
for an exemption set forth in that rule.\17\
---------------------------------------------------------------------------

    \17\ See id. at 12.
---------------------------------------------------------------------------

    The Exchange states that the proposed new requirements described
above are consistent with the protection of investors and the public
interest because they further the goal of ensuring the accuracy of the
financial disclosure of listed issuers and may improve the overall
quality and reliability of financial reporting as well as provide
clarification by conforming the text of Section 801 to the requirements
of proposed Section 811.\18\
---------------------------------------------------------------------------

    \18\ See id. at 12-13.
---------------------------------------------------------------------------

    As described above, Rule 10D-1 requires national securities
exchanges to prohibit the initial or continued listing of any security
of an issuer not in compliance with its rules adopted to comply with
Rule 10D-1. The Exchange proposes therefore to require that a listed
issuer will be subject to delisting in the event of any failure by such
listed issuer to comply with any requirement of Section 811, including
the requirement to adopt a recovery policy that complies with the
applicable listing standard, disclose the policy in accordance with
Commission rules or comply with its recovery policy. The Exchange
states that the proposed delisting process that sets forth procedures
that would apply if an issuer failed to comply with Section 811 is
closely modeled on the provisions with respect to late filings set
forth in Section 1007 of the Company Guide.\19\ Specifically, the
Exchange proposes to adopt proposed Section 1003(h) of the Company
Guide (Noncompliance with Section 811 (Erroneously Awarded
Compensation)) to provide that a listed issuer that is out of
compliance with the Rule \20\ and fails to regain compliance within any
cure period provided by the Exchange (as further described below) would
have its listed securities immediately suspended and the Exchange would
immediately commence delisting procedures with

respect to all such listed securities.\21\ Proposed Section 1003(h)(ii)
would provide that the Exchange may afford a listed issuer that fails
to comply with any of the requirements of the Rule an initial six-month
period to cure the deficiency.\22\ If the issuer fails to cure the
delinquency within the initial cure period, the Exchange may either
afford the issuer up to an additional six months to cure the deficiency
or, if the Exchange determines that an additional cure period is not
appropriate,\23\ commence suspension and delisting procedures in
accordance with Section 1010 of the Company Guide.\24\ Notwithstanding
the foregoing, the Exchange may in its sole discretion decide (i) not
to afford a listed issuer any initial cure period or additional cure
period, or (ii) at any time during such cure period, to truncate the
cure period and immediately commence suspension and delisting
procedures if the listed issuer is subject to delisting pursuant to any
other provision of the Company Guide, including if the Exchange
believes, in the Exchange's sole discretion, that continued listing and
trading of a listed issuer's securities on the Exchange is inadvisable
or unwarranted.\25\ In determining whether an initial or additional
cure period is appropriate, or whether either such period should be
truncated, the Exchange will consider the likelihood that the
delinquency can be cured during such period.\26\ The Exchange may also
commence suspension and delisting procedures without affording any cure
period at all or at any time during the initial or additional cure
period if the Exchange believes, in the Exchange's sole discretion,
that it is advisable to do so on the basis of an analysis of all
relevant factors.\27\ In no event would the Exchange continue to trade
a listed issuer's securities if that listed issuer has failed to cure
its delinquency with the Rule on the date that is twelve months after
the date the Exchange notified the issuer of the delinquency.\28\
---------------------------------------------------------------------------

    \19\ See id. at 10. The Exchange's original filing included
provisions establishing cure periods to be applied in the event of a
listed issuer's failure to adopt a recovery policy within the
required time period, but did not establish cure periods for other
incidents of noncompliance with Section 811. Amendment No. 1 revised
these cure period provisions so that they are now applicable to all
incidents of noncompliance with Section 811 and not just delayed
adoption of recovery policies. See id. at 4 n.4. The Exchange states
that it believes the compliance procedures, as amended, ``are
appropriately rigorous and are consistent with the public interest
and the interests of investors.'' See id. at 13.
    \20\ Proposed Section 1003(h)(ii) provides that a listed issuer
will be deemed to be below standards in the event of any failure by
such listed issuer to comply with any requirement of the Rule. The
listed issuer would be required to notify the Exchange in writing
within five days of any type of delinquency. When the Exchange
determines that a delinquency has occurred, it will promptly send
written notification to a listed issuer of the procedures set forth
in the rule and, within five days of the date of receipt of such
notification, the listed issuer will be required to (i) contact the
Exchange to discuss the status of resolution of the delinquency and
(ii) issue a press release disclosing the occurrence of the
delinquency, the reason for the delinquency and, if known, the
anticipated date the delinquency will be cured. If the listed issuer
has not issued the required press release within five days of the
date of the delinquency notification, the Exchange will issue a
press release stating that the issuer has incurred a delinquency and
providing a description thereof. See proposed Section 1003(h)(ii).
    \21\ See proposed Sections 1003(h)(ii) and (iii). Such listed
issuer would not be eligible to follow the procedures outlined in
Section 1009 of the Company Guide with respect to such a delisting
determination, and any such listed issuer would be subject to
delisting procedures as set forth in Section 1010 of the Company
Guide. Section 1010 of the Company Guide (Procedures for Delisting
and Removal) generally provides that whenever the Exchange
determines that a class of securities should be removed from
listing, it will follow the procedures contained in Part 12 of the
Company Guide. Part 12 of the Company Guide (Procedures for Review
of Exchange Listing Determinations) sets forth procedures for an
issuer to request an independent review of determinations that
prohibit or limit the continued listing of the issuer's securities
on the Exchange by the Exchange's Listing Qualifications Panel,
Committee for Review, or Board of Directors (as such terms are
defined in Section 12 of the Company Guide).
    \22\ During such six-month period, the Exchange would monitor
the listed issuer and the status of resolution of the delinquency
until the delinquency is cured. See proposed Section 1003(h)(iii).
    \23\ In determining whether an additional cure period is
appropriate, the Exchange will consider the likelihood that the
delinquency can be cured during the additional cure period. See
proposed Section 1003(h)(iv).
    \24\ An issuer would not be eligible to follow the procedures
outlined in Section 1009 of the Company Guide.
    \25\ See id.
    \26\ See id.
    \27\ See id.
    \28\ See proposed Section 1003(h)(iv).
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 1, is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\29\ In particular, the
Commission finds that the proposed rule change is consistent with the
requirements of Section 6(b) of the Act.\30\ Specifically, the
Commission finds that the proposed rule change is consistent with
Section 6(b)(5) of the Act,\31\ which requires, among other things,
that the rules of a national securities exchange be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest, and are not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. In addition, the Commission finds that the
proposed rule change is consistent with Section 6(b)(7) of the Act,\32\
which requires, among other things, that the rules of a national
securities exchange provide a fair procedure for the prohibition or
limitation by the exchange of any person with respect to access to
services offered by the exchange. The proposed rule change, as modified
by Amendment No. 1, is also consistent with Section 10D of the Act \33\
and Rule 10D-1 thereunder, as further described below.\34\
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    \29\ 15 U.S.C. 78f(b). In approving this proposed rule change,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \30\ 15 U.S.C. 78f(b).
    \31\ 15 U.S.C. 78f(b)(5).
    \32\ 15 U.S.C. 78(b)(7).
    \33\ 15 U.S.C. 78j-4.
    \34\ 17 CFR 240.10D-1.
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    The development and enforcement of meaningful listing standards for
a national securities exchange is of substantial importance to
financial markets and the investing public. Meaningful listing
standards are especially important given investor expectations
regarding the nature of companies that have achieved an exchange
listing for their securities, and the role of an exchange in overseeing
its market and assuring compliance with its listing standards.\35\ The
corporate governance standards embodied in the listing rules of
national securities exchanges, in particular, play an important role in
assuring that companies listed for trading on the exchanges' markets
observe good governance practices, including a fair approach and
greater accountability for the recovery of erroneously awarded
compensation.\36\
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    \35\ See, e.g., Securities Exchange Release Nos. 65708 (November
8, 2011), 76 FR 70799 70802 (November 15, 2011) (SR-NASDAQ-2011-
073); 63607 (December 23, 2010), 75 FR 82420, 82422 (December 30,
2010) (SR-NASDAQ-2010-137); 57785 (May 6, 2008), 73 FR 27597, 27599
(May 13, 2008) (SR-NYSE-2008-17); and 93256 (October 4, 2021), 86 FR
56338 (October 8, 2021) (SR-NASDAQ-2021-007).
    \36\ See, e.g., Securities Exchange Release No. 68639 (January
11, 2013), 78 FR 4570, 4579 (January 22, 2013) (SR-NYSE-2012-49)
(stating, in connection with the modification of exchange rules for
compensation committees of listed issuers to comply with Rule 10C-1
of the Act, that corporate governance listing standards ``play an
important role in assuring that companies listed for trading on the
exchanges' markets observe good governance practices, including a
reasoned, fair, and impartial approach for determining the
compensation of corporate executives'' and stating that the proposal
would foster ``greater transparency, accountability and
objectivity'' in oversight of compensation practices.).
---------------------------------------------------------------------------

    In enacting Section 10D of the Act,\37\ Congress resolved to
require national securities exchanges to establish listing standards to
require listed issuers to develop and comply with a policy to recover
incentive-based compensation erroneously awarded on the basis of
financial information that requires an accounting restatement.\38\ In
October

2022, as required by this legislation, the Commission adopted Rule 10D-
1 under the Act, which directs the national securities exchanges to
establish listing standards that require issuers to: (i) develop and
comply with written policies for recovery of incentive-based
compensation based on financial information required to be reported
under the securities laws, applicable to the issuers' executive
officers, during the three completed fiscal years immediately preceding
the date that the issuer is required to prepare an accounting
restatement; and (ii) disclose those compensation recovery policies in
accordance with Commission rules. In response, the Exchange has filed
the proposed rule change, which includes rules intended to comply with
the requirements of Rule 10D-1.
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    \37\ Public Law 111-203, 954, 124 Stat. 1376, 1904 (2010)
(codified at 15 U.S.C. 78j-4).
    \38\ As a part of the Dodd-Frank Act legislative process, in a
2010 report, the Senate Committee on Banking, Housing and Urban
Affairs stated that it is ``unfair to shareholders for corporations
to allow executive officers to retain compensation that they were
awarded erroneously.'' See Report of the Senate Committee on
Banking, Housing, and Urban Affairs, S.3217, Report No. 111-176 at
135-36 (Apr. 30, 2010) (``Senate Report'') at 135. See also Adopting
Release, supra note 7, 87 FR at 73077 (citing to the Senate Report)
(``The language and legislative history of the Dodd-Frank Act make
clear that Section 10D is premised on the notion that an executive
officer should not retain incentive-based compensation that, had the
issuer's accounting been correct in the first instance, would not
have been received by the executive officer, regardless of any fault
of the executive officer for the accounting errors. The Senate
Report also indicates that shareholders should not `have to embark
on costly legal expenses to recoup their losses' and that
`executives must return monies that should belong to the
shareholders.' '').
---------------------------------------------------------------------------

    The Exchange's proposed Section 811 incorporates the requirements
of Rule 10D-1. The Commission believes that the Exchange's proposal
will foster greater fairness, accountability, and transparency to
shareholders of listed issuers by advancing the recovery of incentive-
based compensation that was erroneously awarded on the basis of
financial information that requires an accounting restatement,
consistent with Section 10D of the Act \39\ and Rule 10D-1
thereunder,\40\ and will therefore further the protection of investors
consistent with Section 6(b)(5) of the Act.\41\ In addition, as the
Commission stated in the Adopting Release, the recovery requirements
may provide executive officers with an increased incentive to take
steps to reduce the likelihood of inadvertent misreporting and will
reduce the financial benefits to executive officers who choose to
pursue impermissible accounting methods, which can further discourage
such behavior.\42\ The Commission believes that these benefits of the
Exchange's new rules on the recovery of erroneously awarded
compensation will protect investors and the public interest as required
under Section 6(b)(5) of the Act.
---------------------------------------------------------------------------

    \39\ 15 U.S.C. 78j-4.
    \40\ 17 CFR 240.10D-1.
    \41\ 15 U.S.C. 78f(b)(5).
    \42\ See Adopting Release, supra note 7, 87 FR at 73077. See
also Amendment No. 1, supra note 5, at 12, agreeing with the
Commission's statement on the benefits of the recovery policy.
---------------------------------------------------------------------------

    Rule 10D-1 and proposed Section 811 require that a listed issuer
recover the amount of erroneously awarded incentive-based compensation
``reasonably promptly.'' The Adopting Release stated that whether an
issuer is acting reasonably promptly ``will depend on the particular
facts and circumstances applicable to that issuer'' and ``the final
rules do not restrict exchanges from adopting more prescriptive
approaches to the timing and method of recovery under their rules in
compliance with Section 19(b) of the Exchange Act . . .'' \43\ Rule
10D-1 also does not compel the exchanges to adopt a more prescriptive
approach to the timing and method of recovery. In its proposal, the
Exchange stated that ``the issuer's obligation to recover erroneously
awarded incentive-based compensation reasonably promptly will be
assessed on a holistic basis with respect to each such accounting
restatement prepared by the issuer'' and that ``[i]n evaluating whether
an issuer is recovering erroneously-awarded incentive-based
compensation reasonably promptly, the Exchange will consider whether
the issuer is pursuing an appropriate balance of cost and speed in
determining the appropriate means to seek recovery, and whether the
issuer is securing recovery through means that are appropriate based on
the particular facts and circumstances of each executive officer that
owes a recoverable amount.'' \44\ The Commission believes this guidance
provided by the Exchange is consistent with the Commission's statements
regarding when an issuer is acting ``reasonably promptly'' as expressed
in the Adopting Release, with Rule 10D-1 and with the Act.\45\
---------------------------------------------------------------------------

    \43\ See Adopting Release, supra note 7, 87 FR at 73104. For
example, the Commission stated that after the exchanges have
observed issuer performance they can use any resulting data to
assess the need for further guidelines to ensure prompt and
effective recovery. See id.
    \44\ See Amendment No. 1, supra note 5, at 5.
    \45\ See Adopting Release, supra note 7, 87 FR 73104.
---------------------------------------------------------------------------

    Rule 10D-1 requires issuers subject to the listing standards to
adopt a recovery policy no later than 60 days following the date on
which the applicable listing standards become effective and to comply
with their recovery policy, and provide the required disclosures, on or
after the effective date. The Exchange, in Amendment No. 1, is
proposing that the effective date of Section 811 be October 2,
2023.\46\ The Exchange believes that setting this date as the effective
date will ensure that issuers have more than a year from the date Rule
10D-1 was published in the Federal Register to adopt recovery
policies.\47\ This is consistent with language in Rule 10D-1 and the
Adopting Release, while also ensuring prompt implementation of this
proposed rule.
---------------------------------------------------------------------------

    \46\ See Amendment No. 1, supra note 5, amending proposed
Section 811(b).
    \47\ Listed issuers will need to have their recovery policy in
place no later than 60 days following the effective date of October
2, 2023, which would be more than a year after publication of Rule
10D-1 in the Federal Register. Listed issuers will also have to
comply with their recovery policy for all incentive-based
compensation received by executive officers on or after the
effective date of October 2, 2023, and provide the required
disclosures in the applicable Commission filings on or after the
effective date of October 2, 2023. See Adopting Release, supra note
7, and also definitions of ``incentive based compensation'' and
``received'' in proposed Section 811(e). See also supra notes 15-16
and accompanying text.
---------------------------------------------------------------------------

    With respect to a listed issuer that fails to comply with proposed
Section 811, the Exchange has proposed delisting procedures that are
closely modeled on its current procedures applicable to listed issuers
subject to a filing delinquency set forth in Section 1007 of the
Company Guide.\48\ The Commission believes that these procedures, as
modified by Amendment No. 1, for listed issuers out of compliance with
proposed Section 811, which are consistent with the procedures for
filing delinquencies, adequately meet the mandate of Rule 10D-1 and are
consistent with investor protection and the public interest, since they
give a listed issuer a reasonable time period to cure non-compliance
with these important requirements before they will be delisted while
helping to ensure that listed issuers that are non-compliant will not
remain listed for an inappropriate amount of time.\49\ Additionally,
the proposed delisting process, including the cure period and the right
to a review of a delisting determination by a committee of the Board of
Directors of the Exchange, is consistent with Section 6(b)(7) of the
Act in that it provides a fair procedure for the review of delisting
determinations based on violations of the Exchange's rules for
recovering erroneous compensation.
---------------------------------------------------------------------------

    \48\ See supra notes 19-26 and accompanying text.
    \49\ The Exchange originally proposed that if an issuer was non-
compliant with any of the provisions of the Rule (except for a
delayed adoption of a recovery policy), the Exchange would
immediately suspend and commence delisting procedures with respect
to such issuer's listed securities. See Notice, supra note 3, at
15468-69. As discussed above, Amendment No. 1 amended the Exchange's
proposed delisting provisions to provide to that in the event of any
failure by a listed issuer to comply with any requirement of Section
811, the Exchange may provide such issuer with an initial six-month
cure period and an additional six-month cure period. See Amendment
No. 1, supra note 5.

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

IV. Solicitation of Comments on Amendment No. 1 to the Proposed Rule
Change

    Interested persons are invited to submit written data, views, and
arguments concerning whether the proposed rule change, as modified by
Amendment No. 1, is consistent with the Exchange Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-NYSEAMER-2023-14 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-NYSEAMER-2023-14. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-NYSEAMER-2023-14, and should
be submitted on or before July 6, 2023.

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

    The Commission finds good cause to approve the proposed rule
change, as modified by Amendment No. 1, prior to the thirtieth day
after the date of publication of notice of the filing of Amendment No.
1 in the Federal Register. In Amendment No. 1, the Exchange amended the
proposal to (i) add a clarifying amendment to Section 801 to make it
clear that, consistent with the language of proposed Section 811, every
listed issuer is subject to Section 811 unless such issuer is eligible
for an exemption set forth in that rule; (ii) propose that the
effective date of Section 811 be October 2, 2023; and (iii) allow the
Exchange, in its sole discretion, to provide a listed issuer that fails
to comply with any requirement of Section 811 an initial six-month cure
period and an additional six-month cure period.\50\ The changes in
Amendment No. 1 provide greater clarity to the proposal. The changes to
Section 801 will ensure that the requirements of that section of the
Company Guide conform to the requirements of proposed Section 811. The
change to the effective date of the listing standards is consistent
with Rule 10D-1 and language in the Adopting Release. The change to the
delisting procedures and the cure periods for non-compliance being
proposed by the Exchange are similar to those that exist under the
Exchange's rules for the late filing of annual and quarterly reports
that the Commission has previously approved as consistent with the
Act.\51\ The amended proposal also provides for a cure period for any
violations of Section 811 similar to the approach taken by Nasdaq in
its proposal to adopt rules to comply with Rule 10D-1.\52\ Nasdaq's
proposal has also been approved by the Commission as consistent the
Act.\53\ Accordingly, the Commission finds good cause, pursuant to
Section 19(b)(2) of the Exchange Act,\54\ to approve the proposed rule
change, as modified by Amendment No. 1, on an accelerated basis.
---------------------------------------------------------------------------

    \50\ See Amendment No. 1, supra note 5.
    \51\ See Section 1007 of the Company Guide.
    \52\ See Securities Exchange Act Release No. 97060 (March 7,
2023), 88 FR 15500 (March 13, 2023) (SR-Nasdaq-2023-005).
    \53\ See Notice of Filing of Amendment No. 1 and Order Granting
Accelerated Approval of a Proposed Rule Change to Establish Listing
Standards Related to Recovery of Erroneously Awarded Executive
Compensation (June 9, 2023) (SR-Nasdaq-2023-005).
    \54\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\55\ that the proposed rule change (SR-NYSEAMER-2023-14), as
modified by Amendment No. 1, be, and hereby is, approved on an
accelerated basis.
---------------------------------------------------------------------------

    \55\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\56\
---------------------------------------------------------------------------

    \56\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-12759 Filed 6-14-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Notices]
[Pages 20037-20038]
[FR Doc No: 2012-7967]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Peripheral and Central Nervous System Drugs Advisory Committee;
Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Peripheral and Central Nervous System Drugs
Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on May 24, 2012, from 8:30
a.m. to 5 p.m.
    Location: FDA White Oak Campus, Building 31, the Great Room, White
Oak Conference Center (Rm. 1503), 10903 New Hampshire Ave., Silver
Spring, MD 20993-0002. Information regarding

special accommodations due to a disability, visitor parking, and
transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/default.htm; under the heading ``Resources for
You,'' click on ``Public Meetings at the FDA White Oak Campus.'' Please
note that visitors to the White Oak Campus must enter through Building
1.
    Contact Person: Glendolynn S. Johnson, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
WO31-2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, fax: (301)
847-8533, email<EMAIL_ADDRESS>or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area), and follow the prompts to the desired center or product area.
Please call the Information Line for up-to-date information on this
meeting. A notice in the Federal Register about last minute
modifications that impact a previously announced advisory committee
meeting cannot always be published quickly enough to provide timely
notice. Therefore, you should always check the Agency's Web site and
call the appropriate advisory committee hot line/phone line to learn
about possible modifications before coming to the meeting.
    Agenda: The committee will discuss new drug application (NDA)
202737, for tafamidis meglumine capsules, proposed trade name VYNDAQEL,
submitted by FoldRx Pharmaceuticals, Inc., a subsidiary of Pfizer, Inc.
The proposed indication is for the treatment of transthyretin (TTR)
familial amyloid polyneuropathy.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before May
10, 2012. Oral presentations from the public will be scheduled between
approximately 1 p.m. and 2 p.m. Those individuals interested in making
formal oral presentations should notify the contact person and submit a
brief statement of the general nature of the evidence or arguments they
wish to present, the names and addresses of proposed participants, and
an indication of the approximate time requested to make their
presentation on or before May 2, 2012. Time allotted for each
presentation may be limited. If the number of registrants requesting to
speak is greater than can be reasonably accommodated during the
scheduled open public hearing session, FDA may conduct a lottery to
determine the speakers for the scheduled open public hearing session.
The contact person will notify interested persons regarding their
request to speak by May 3, 2012.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Glendolynn S.
Johnson at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: March 29, 2012.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2012-7967 Filed 4-2-12; 8:45 am]
BILLING CODE P


[Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)]
[Notices]
[Page 48976]
[FR Doc No: 2012-19997]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR12-32-000]

NorthWestern Corporation; Notice of Petition for Rate Approval

    Take notice that on July 31, 2012, NorthWestern Corporation
(NorthWestern) filed a Rate Election pursuant to 284.123(b)(1) of the
Commissions regulations and to revise its Statement of Operating
Conditions. NorthWestern proposes to utilize rates that are the same as
those contained in NorthWestern's storage and transportation rate
schedules for comparable intrastate service on file with the Montana
Public Service Commission as more fully detailed in the petition.
    Any person desiring to participate in this rate filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Friday August 17, 2012.

    Dated: August 9, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-19997 Filed 8-14-12; 8:45 am]
BILLING CODE 6717-01-P


OSW and UTSA/TRSA

Meeting Notes

November 7, 2006

On Tuesday, November 07, 2006, Tony Wagner, [Uniform and Textile Service
Association (UTSA)] and Robert Schaffer [Textile Rental Services
Association of America (TRSA)] met with the Teena Wooten and Robert
Dellinger of the  Environmental Protection Agency (EPA) Office of Solid
Waste.

UTSA/TRSA is interested in EPA’s progress on the risk assessment for
the solvent-contaminated wipes rule.  They supplied information about
the laundries to Teena in a letter dated September 12, 2006.  They
wanted to know if EPA needed additional information to complete the
assessment.  UTSA/TRSA is concerned about the assumptions EPA is using.
They wanted to provide us with information that would reduce their
concerns about those assumptions.

Bob Dellinger explained that EPA could not provide any information on
the risk assessment without a Federal Register notice because it would
be necessary to inform all stakeholders, not just a select few.
However, EPA plans to publish a notice of data availability (NODA) that
will give the public an opportunity to comment on the assumptions used
in the risk assessment.  EPA is open to discussing the assumptions
subsequent to the NODA.

UTSA/TRSA explained that a very small percentage of laundries receive
listed solvents.  The laundries that do accept listed solvents collect
the solvent and transport it as a hazardous waste to an incinerator.
Most of the printing industry, specifically newspaper printers, changed
to soy-based inks several years ago.  The Associations established a
laundry ESP program that requires the laundry customers to remove any
free liquids before sending the wipes to the laundry.  Approximately 6%
of the materials received at laundries are printer towels.

Based on a survey that covered 1997-2002, the Associations found that
99% of the sludge generated by the laundries is non-hazardous.  The
facilities with hazardous sludge handle it as hazardous waste.  If a
laundry accepts solvent contaminated wipes and it is incapable of
laundering them, the wipes may be sent to an intra-company laundry for
cleaning.  The ESP states that the wipes should not be shipped with free
liquids.  The laundries follow the DOT shipping requirements.

Laundries only test for constituents required by the landfills.
Procedure for free liquids: 1) Customer should not ask transporter to
accept.  2) Transporter should not accept.  3) If the laundry receives
shipments with free liquids, they are immediately put back on the truck
and returned to the customer.  Customer is told that the shipment is a
violation and requiring the transporter to transport it is a violation.

EPA explained that we are reviewing all the comments received on the
risk assessment and other parts of the proposed rule and that we are no
longer requesting additional information.

Teena Wooten

Office of Solid Waste

Hazardous waste Identification Division

Resource Conservation and Recycling Branch

703-308-8751

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