[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Notices]
[Pages 76766-76768]
[FR Doc No: 2011-31492]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0196]

Standard on Vinyl Chloride; Extension of the Office of Management
and Budget's (OMB) Approval of Information Collection (Paperwork)
Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Standard on Vinyl
Chloride (29 CFR 1910.1017).

DATES: Comments must be submitted (postmarked, sent, or received) by
February 6, 2012.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit your comments and attachments
to the OSHA Docket Office, Docket No. OSHA-2011-0196, Occupational
Safety and Health Administration, U.S. Department of Labor, Room N-
2625, 200 Constitution Avenue NW., Washington, DC 20210. Deliveries
(hand, express mail, messenger, and courier service) are accepted
during the Department of Labor's and Docket Office's normal business
hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number (OSHA-2011-0196) for the Information Collection Request
(ICR). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You also may contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney, Directorate of Standards
and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200
Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce,
to the maximum extent feasible, unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
    The Standard specifies a number of paperwork requirements. The
following is a brief description of the collection of information
requirements contained in the Vinyl Chloride (VC) Standard.

(A) Exposure Monitoring (Sec.  1910.1017(d) and Sec.  1910.1017(n))

    Paragraph 1910.1017(d)(2) requires employers to conduct exposure
monitoring at least quarterly if the results show that worker exposures
are above the permissible exposure limit (PEL), while those exposed at
or above the action level (AL) must be monitored no less than
semiannually. Paragraph (d)(3) requires that employers perform
additional monitoring whenever there has been a change in VC
production, processes or control that may result in an increase in the
release of VC.

    Paragraph 1910.1017(n) requires employers to inform each worker of
their exposure-monitoring results within 15 working days after the
employer receives these results. Employers may notify workers either
individually in writing or by posting the monitoring results in an
appropriate location that is accessible to the workers. In addition, if
the exposure-monitoring results show that a worker's exposure exceeds
the PEL, the employer must inform the exposed worker of the corrective
action the employer is taking to prevent such overexposure.

(B) Written Compliance Plan (Sec. Sec.  1910.1017(f)(2) and (f)(3))

    Paragraph (f)(2) requires employers whose engineering and work
practice controls cannot sufficiently reduce worker VC exposures to a
level at or below the PEL to develop and implement a plan for doing so.
Paragraph (f)(3) requires employers to develop this written plan and
provide it upon request to OSHA for examination and copying. These
plans must be updated annually.

(C) Respiratory Program (Sec.  1910.1017(g)(2))

    When respirators are required, the employer must establish a
respiratory protection program in accordance with 1910.134, paragraphs
(b) through (d) (except (d)(1)(iii) and (d)(3)(iii)(B)(1) and (2)) and
(f) through (m). Paragraph 1910.134(c) requires the employer to develop
and implement a written respiratory protection program with worksite-
specific procedures and elements for respirator use. The purpose of
these requirements is to ensure that employers establish a standardized
procedure for selecting, using, and maintaining respirators for each
workplace where respirators will be used. Developing written procedures
ensures that employers develop a respirator program that meets the
needs of their workers.

(D) Emergency Plan (Sec.  1910.1017(i))

    Employers must develop a written operational plan for dealing with
emergencies; the plan must address the storage, handling, and use of VC
as a liquid or compressed gas. In the event of an emergency,
appropriate elements of the plan must be implemented. Emergency plans
must maximize workers' personal protection and minimize the hazards of
an emergency.

(E) Medical Surveillance (Sec.  1910.1017(k))

    Paragraph (k) requires employers to develop a medical surveillance
program for workers exposed to VC in excess of the Action Level.
Examinations must be provided in accordance with this paragraph at
least annually. Employers must also obtain, and provide to each worker,
a copy of a physician's statement regarding the worker's suitability
for continued exposure to VC, including use of protective equipment and
respirators, if appropriate.

(F) Communication of VC Hazards (Sec.  1910.1017(l))

    Under paragraph 1910.1017(l)(2), the employer must post warning
signs outside regulated areas and areas containing hazardous
operations, or where emergency conditions exist. Posting warning signs
serves to warn workers that they are entering a hazardous area. Such
signs warn workers that entry is permitted only if they are authorized
to do so, and there is a specific need to enter the area. Warning signs
also supplement the training workers receive under this standard.

(G) Recordkeeping (Sec.  1910.1017(m))

    Employers must maintain worker exposure and medical records.
Medical and monitoring records are maintained principally for worker
access, but are designed to provide valuable information to both
workers and employers. The medical and monitoring records required by
this standard will aid workers and their physicians in determining
whether or not treatment or other interventions are needed for VC
exposure. The information also will enable employers to better ensure
that workers are not being overexposed; such information may alert the
employer that steps must be taken to reduce VC exposures.
    Exposure records must be maintained for at least 30 years, and
medical records must be kept for the duration of employment plus 20
years, or for a total of 30 years, whichever is longer. Records must be
kept for extended periods because of the long latency period associated
with VC-related carcinogenesis (i.e., cancer). Cancer often cannot be
detected until 20 or more years after the first exposure to VC.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions to
protect workers, including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    The Agency is requesting an adjustment decrease in burden hours
from 711 to 549 hours, a 162 burden hour reduction. The reduction is a
result of fewer VC and Polyvinyl Chloride (PVC) establishments subject
to reporting requirements under this standard. There is also a decrease
in total annual cost from $48,928 to $40,888 (a decrease of $8,040).
This decrease is a result of a decrease in the estimated number of
workers to be exposed above to VC and PVC facilities is approximately
3,968, a decrease of 1,368 workers. The currently approved ICR
estimates a total of 32 establishments. This proposed ICR estimates a
total of 26 establishments. The Agency will summarize any comments
submitted in response to this notice and will include this summary in
its request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Standard on Vinyl Chloride (29 CFR 1910.1017).
    OMB Number: 1218-0010.
    Affected Public: Business or other for-profits.
    Number of Respondents: 26.
    Frequency: On occasion; annually.
    Total Responses: 925.
    Average Time per Response: Varies from 5 minutes (.08 hour) for
employers to maintain records to 12 hours for employers to update their
compliance plans.
    Estimated Total Burden Hours: 549.
    Estimated Cost (Operation and Maintenance): $40,888

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for this ICR (Docket No. OSHA-2011-0196).
You may supplement electronic

submissions by uploading document files electronically. If you wish to
mail additional materials in reference to an electronic or a facsimile
submission, you must submit them to the OSHA Docket Office (see the
section of this notice titled ADDRESSES). The additional materials must
clearly identify your electronic comments by your name, date, and OSHA
docket number, so the Agency can attach them to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information, such as Social Security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's ``User
Tips'' link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 4-2010
(75 FR 55355).

    Signed at Washington, DC on December 2, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-31492 Filed 12-7-11; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Notices]
[Pages 72741-72744]
[FR Doc No: 2011-30285]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65788; File No. SR-NSCC-2011-10]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing of Proposed Rule Change To Amend Rules
Relating to the Creation of a Service To Provide Post-Trade Information

November 18, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 7, 2011, National Securities Clearing Corporation
(``NSCC'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared primarily by NSCC. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The purpose of this proposed rule change is to establish an
optional service, ``Trade Risk Pro,'' that would enable NSCC members to
monitor intraday trading activity through review of post-trade data.\3\
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    \3\ The text of the proposed rule change is attached as Exhibit
5 to NSCC's filing, which is available at http://www.dtcc.com/downloads/legal/rule_filings/2011/nscc/2011-10.pdf.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, NSCC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. NSCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\4\
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    \4\ The Commission has modified the text of the summaries
prepared by NSCC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

(1) Purpose
    NSCC is proposing to create an optional service for NSCC members,
``Trade Risk Pro'' or ``DTCC Trade Risk Pro,'' which will enable
members to monitor intraday trading activity of their organizations,
their correspondent firms, or both through review of post-trade data.
An effective risk management structure provides for multiple check
points, including pre-trade controls and post-trade surveillance.
Industry participants have indicated to NSCC that pre-trade monitoring
as a stand-alone risk management tool may not provide adequate
protection for firms or against systemic risk. For example, many orders
are never actually executed and thus a pre-trade filter could
overestimate potential positions or could generate false positives if
not combined with information about what orders are actually executed.
In addition, clearing firms only see their correspondents' orders that
are routed through the clearing firm's trading desks or through the
firm's order entry systems. Orders sent directly to the market can
bypass pre-trade controls. Trade Risk Pro, as more fully described
below, would provide NSCC's members with a method to monitor clearing
activity in their accounts and to set parameters that enable them to
monitor exposure.
    As proposed, the service would be available to NSCC members on a
voluntary basis to provide those members electing to participate in the
service with: (i) Post-trade data relating to unsettled equity and
fixed income securities trades for a given day that have been compared
or recorded through NSCC's trade capture mechanisms on that day (``RP
Trade Date Data'') and (ii) other information based upon data the
participating member may itself provide at start of or throughout the
day (``RP Member-provided Data''), as provided in NSCC's Rules and
Procedures governing the proposed service (RP Trade Date Data

and RP Member-provided Data shall collectively be referred to as ``RP
Transaction Data''). This would include allowing members the ability to
input or load trade information from prior days into the system on
their own to supplement their view of overall risk exposure. As such,
the proposed Trade Risk Pro service would offer an industry-wide post-
trade reporting system that would allow Members to monitor their U.S.
equity and fixed-income trading exposure.
Overview of the Trade Risk Pro Service
    Through Trade Risk Pro, NSCC would utilize market and other
information to report post-trade activity to participating members.
Such reporting would incorporate RP Trade Date Data from transactions
in equity and municipal and corporate debt securities after such
transactions have: (i) Passed through the NSCC's edit checks and not
been pended or rejected and (ii) been recorded or compared through
NSCC's Universal Trade Capture and/or Real-Time Trade Matching trade
capture and comparison systems. In addition, as proposed, Trade Risk
Pro would allow participating members to input or load start of day and
intra-day positions (i.e., RP Member-provided Data) to allow member to
view their organization's (or one or more correspondent's) aggregate
open positions in securities cleared through NSCC. Within Trade Risk
Pro, members would be able to create ``Risk Entities'' to track
activity for specific correspondents and clients as well as their own
trading desks and to define the rules for the aggregation of trade
data, set parameters on open positions allowable for each Risk Entity,
and receive alerts for the display of breaches or near breaches of the
parameters.\5\ Trade Risk Pro would provide members with a screen-based
view of their trade data residing in Trade Risk Pro for a given day
aggregated and organized according to parameters set by the member.
Displays provided to participating members will offer the option to
view aggregate and net value, to view share exposure across markets and
other liquidity destinations, and to see exposure at the CUSIP and
individual trade levels. In conformance with NSCC's Rule 49 (Release of
Clearing Data and Clearing Fund Data), each member would only be able
to view information with respect to its own clearing account(s). Trade
Risk Pro would be a reporting service only and any action taken by a
member as a result of any alert, parameter breach, or other information
associated with the service would be at the discretion of the member
and not either in whole or part by NSCC.
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    \5\ Members would be able to input such limits into the Trade
Risk Pro interface in order to receive system alerts in the event of
a breach; however, these limits would not trigger a block by NSCC on
any activity processed through NSCC's clearance and settlement
systems.
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    NSCC proposes to create a new Rule 54 (Trade Risk Pro) and
Procedure XVII (Trade Risk Pro) to reflect the proposed rule changes
described below. The proposed rule change also proposes to amend Rule
58 (Limitations of Liability) and to update Rule 1 (Definitions) to
include definitions for RP Trade Data, RP Member-provided Data, and RP
Transaction Data, as described more fully below.
1. Establishing and Maintaining Risk Entities and Limits
    As an initial step in using the Trade Risk Pro service, members
would have to establish Risk Entities. These designations could include
the trading activity of a single desk, a correspondent, a single
clearing number within the member's NSCC account structure, or the
overall firm. The member could also look at a combination of entities
or other recognized groups. Trade Risk Pro would provide members with
the ability to create Risk Entities through the defining and updating
of the data structure and relationships for the entities to which they
assign a parameter or risk limit. The Risk Entity definitions entered
by Members would drive position calculation and displays in Trade Risk
Pro. Trade Risk Pro would provide Members with a facility to set share
and dollar limits with respect to each Risk Entity at a gross and net
level, and it may provide for additional limits as NSCC may determine
from time to time are appropriate.
    Each member may define the Risk Entities so that only trades that
the member intended to belong to that Risk Entity are included through
the use of trade arrays. For each trade, relevant data elements to
create a trade array may include: (i) The member's account number(s),
(ii) the executing broker, (iii) the submitting market or firm, and
(iv) other categories as allowed by NSCC from time to time. Use of
these elements will create an array so that each transaction would be
assigned by virtue of the array to one or more Risk Entities. Users can
assign multiple trade arrays to a single Risk Entity.
    Upon implementation of the service, updates and changes made to
Risk Entities by the member would take effect overnight with a cut-off
time designated by NSCC from time to time.\6\ Although Trade Risk Pro
would prohibit double counting of trades within the same Risk Entity,
it is possible that two separate Risk Entities may contain defined
elements as specified by the member that cause a specific trade to be
included into both Risk Entities. Because Risk Entities would be
defined by members, the members would control the ability to either
uniquely define Risk Entities or create Risk Entities that intersect
with one another.
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    \6\ NSCC may eventually, at its discretion, provide for real-
time updates post-implementation.
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2. Limit Monitoring
    As proposed, Trade Risk Pro would aggregate and make available
position information for purposes of the member's limit monitoring. The
aggregate data would be the sum of RP Member-provided data and RP Trade
Date Data, with the aggregated data defined as RP Transaction Data in
NSCC's Rules and Procedures. Under the proposal, RP Trade Date Data, RP
Member-provided Data, and other relevant data would be aggregated and
sorted, and the data would then be displayed to the member. The display
may include shares and values on a gross or net basis or any other
total aggregation and sorting methods as NSCC may from time to time
make available to members. RP Trade Date Data would be carried at
contract amount unless another pricing method is implemented by NSCC.
RP Member-provided Data would be priced according to information
provided by the member.
    Intraday allocations in the settlement system would not be taken
into consideration as they are not fully effective until money
settlement completes (after the day cycle). The totals would be
compared to the parameters set by the members, and the members would be
alerted to breaches based upon their set parameters. The alerts may
take the form of visual screen changes or other notification methods.
The service would also provide updated information when the alert is
resolved (i.e., when the Risk Entity is within the relevant limit say,
for example, as a result of an offsetting transaction reducing the
position or the participant raises the limit for a Risk Entity).
Information such as alert history, members' Risk Entity definitions,
end of day positions, and other data that NSCC provides from time to
time will be supplied to members in an end of day report.

3. No Effect on Trade Guaranty and Other Considerations
    The proposed rule change would provide that any reports and data
supplied to members through Trade Risk Pro is not intended to impact
the timing or status of the guaranty of any transaction in CNS or
Balance Order Securities. In addition, the issuance of information or
data through Trade Risk Pro to Member or the lack of the issuance of
information would not of itself indicate or have any bearing on the
status of any trade, including but not limited to, as compared, locked-
in, validated, guaranteed or not guaranteed.
4. Limitation of Liability
    Trade Risk Pro provides members with a facility to review and
monitor trade activity in a manner they select, including providing
members with the ability to populate the service (but not limited to
the ability to input or load positions), define Risk Entities and set
limits, and receive alerts and position data of their choosing. Since
NSCC is not the originator of information made available through Trade
Risk Pro, NSCC proposes to make clear that it is not responsible for
the completeness or accuracy of Trade Date Data or other information or
data which it receives from members or third parties used in offering
the Trade Risk Pro service, for information or data that is received
and compared or recorded by NSCC, or for any errors, omissions, or
delays which may occur in the transmission of such data or information.
In addition, because not all transactions are submitted to NSCC on a
real-time basis, thus NSCC can only provide members using the service
with Trade Date Data as it is compared or recorded. Accordingly,
members should be aware that such Trade Date Data may not be complete.
5. Indemnification
    Since each member may use the information for purposes of its own
discretion, the proposed rule change would provide that any member
participating in Trade Risk Pro shall indemnify NSCC and any or all of
its employees, officers, directors, shareholders, agents, and
participants who may sustain any loss, liability or expense as a result
of a third party claim related to any act or omission of the member
made in reliance upon data or information transmitted through Trade
Risk Pro by NSCC to the Member.
6. Implementation Time Frame
    Subject to regulatory approval, NSCC is proposing to implement the
above changes during the first quarter of 2012 or soon thereafter. Upon
Commission approval of this proposed rule change, the actual
implementation date will be announced to members through an Important
Notice. NSCC is also proposing to implement a pilot program of the
service among a limited number of members in November 2011.
 (2) Statutory Basis
    The proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to NSCC because
as proposed Trade Risk Pro should provide NSCC members with mechanism
to monitor post-trade activity on an intraday basis and thereby allow
for enhanced risk management by those members. By providing for
enhanced risk management, the proposed rule change should better
facilitate the prompt and accurate clearance and settlement of
securities transactions. In addition, the proposal is consistent with
the Recommendations for Central Counterparties of the Committee on
Payment and Settlement Systems and the Technical Committee of the
International Organization of Securities Commissions in that it
provides members with a tool for the measurement and management of
credit exposures and thus provides enhanced transparency to members
with respect to their transactions submitted to NSCC.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change would impose
any burden on competition.

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

    Written comments relating to the proposed rule change have not been
solicited NSCC.

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

    Within forty-five days of the date of publication of this notice in
the Federal Register or within such longer period (i) as the Commission
may designate up to ninety days of such date if it finds such longer
period to be appropriate and publishes its reasons for so finding or
(ii) as to which the self-regulatory organization consents, the
Commission will:
    (A) By order approve or disapprove the proposed rule change or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NSCC-2011-10 on the subject line.

Paper Comments

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

All submission should refer to File Number SR-NSCC-2011-10. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street
NE., Washington, DC 20549-1090, on official business days between the
hours of 10 a.m. and 3 p.m. Copies of such filings will also be
available for inspection and copying at the principal office of NSCC
and on NSCC's Web site at http://www.dtcc.com/downloads/legal/rule_filings/2011/nscc/2011-10.pdf. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NSCC-2011-10 and should be submitted on or before
December 16, 2011.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-30285 Filed 11-23-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 4 (Tuesday, January 7, 2020)]
[Notices]
[Pages 718-720]
[FR Doc No: 2020-00041]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-0366]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Advisory Committee Nomination Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing an opportunity for public comment on the proposed collection
of certain information by the Agency. Under the Paperwork Reduction Act
of 1995 (PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on advisory committee nomination
Applications.

DATES: Submit either electronic or written comments on the collection
of information by March 9, 2020.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before March 9, 2020. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of March 9, 2020. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-N-0366 for ``Advisory Committee Nomination Applications.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed

except in accordance with 21 CFR 10.20 and other applicable disclosure
law. For more information about FDA's posting of comments to public
dockets, see 80 FR 56469, September 18, 2015, or access the information
at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

FDA Advisory Committee Membership Nominations

OMB Control Number 0910-0833

    FDA chooses to select advisory committee members through a
nomination process. (Appendix A to Subpart C of 41 CFR 102-3, the
Federal Advisory Committee Management Final Rule notes that the Federal
Advisory Committee Act (FACA, 5 U.S.C. App. 2) does not specify the
manner in which advisory committee members and staff must be
appointed.) A person can self-nominate or be nominated by another
individual. In order to identify and select qualified individuals to
serve on its advisory committees, FDA has established an online portal,
the FDA Advisory Committee Membership Application, to accept
nominations of potential advisory committee members.
    The FDA Advisory Committee Membership Application accepts
nominations for Academician/Practitioner, Consumer Representative, and
Industry Representative membership types. Nominees who are nominated as
scientific members should be technically qualified experts in the field
(e.g., clinical medicine, engineering, biological and physical
sciences, biostatistics, food sciences) and have experience
interpreting complex data. Candidates must be able to analyze detailed
scientific data and understand its public health significance. The
nomination process has recently been made electronic and is available
at http://accessdata.test.fda.gov/scripts/FACTRSPortal/FACTRS/index.cfm. To submit a nomination, nominators or prospective nominees
should upload the following documents in PDF format (see 21 CFR
14.82(c)): (1) Curriculum vitae (CV); (2) a written confirmation that
the nominee(s) is (are) aware of the nomination (unless self-
nominated); and (3) letters of recommendation are also suggested. For
Consumer Representative nominations, a cover letter that lists consumer
or community organizations for which the candidate can demonstrate
active participation is also recommended.
    These documents are collected in order to determine if the nominee
has the expertise in the subject matter with which the committee is
concerned and has diverse professional education, training, and
experience so that the committee will reflect a balanced composition of
sufficient scientific expertise to handle the problems that come before
it (21 CFR 14.80(b)(1)(i)). In the case of Industry and Consumer
Representatives, information is collected to assess the candidate's
ability to represent all interested persons within the class which the
member is selected to represent (21 CFR 14.86).
    Each nominee should be sure to review the Agency website for
information on:
     Vacancies, qualifications, and experience for more details
concerning vacancies on each committee and the qualifications and
experience common for nominees. Vacancies are updated periodically;
therefore, one or more vacancies listed may be in the nomination
process or a final appointment may have been made.
     Potential conflicts of interest such as financial
holdings, employment, and research grants and/or contracts in order to
permit evaluation of possible sources of conflict of interest.
    Also, FDA asks that prospective nominees inform us of how they
heard about the FDA Advisory Committees (e.g., attendance at a
professional meeting, an article in a publication, our website, while
speaking with a friend or colleague).
    To further the Agency's goals of promoting transparency regarding
the advisory committee process, FDA will also require that nominees to
serve on advisory committees submit a consent form authorizing FDA to
post, without removing or redacting any information, to FDA's public
website (http://www.fda.gov/AdvisoryCommittees) the CV submitted as
part of their nomination materials if the nominee is selected to serve
on an advisory committee. The consent form requires that the nominee
affirm that the CV does not include any confidential information,
including information pertaining to third parties, that the nominee is
not permitted to disclose. A nominee will be required to submit a
signed consent form as a part of the nomination package for the
nomination to be considered complete.
    All nominations for new advisory committee members will be required
to be submitted through FDA's website at http://accessdata.test.fda.gov/scripts/FACTRSPortal/FACTRS/index.cfm, or any
successor system, and the submission will be required to be accompanied
by the consent form, on or after the date of OMB approval for this
information collection.
    We therefore estimate the burden of the information collection as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Number of
    21 CFR Part 14; Subpart E--Members of        Number of     responses per   Total annual           Average burden per response           Total hours
             Advisory Committees                respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Advisory Committee Membership Nominations...             391               1             391  0.25 (15 minutes).........................              98
Representative Member Submission of Updated               54               1              54  0.25 (15 minutes).........................              14
 Information.
                                             -----------------------------------------------------------------------------------------------------------
    Total...................................  ..............  ..............             445  ..........................................             112
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital or operating and maintenance costs associated with the information collection.

    Based on a review of data, we received 354 nominations for
membership to FDA advisory committees in Fiscal Year (FY) 2015; we
received 510 nominations in FY 2016; we received 500 nominations in FY
2017; we received 258 nominations in FY 2018; and we received 333
nominations in FY 2019. By averaging the number of nominations received
annually over the past 5 years, we estimate there are approximately 391
respondents to the information collection. We estimate it takes
respondents 15 minutes to complete an initial nomination, where
accompanying documentation is already available or has been prepared in
advance by respondents. Multiplying 15 minutes (0.25) by the number of
respondents to the information collection (391) equals 97.75 (98
rounded) annual burden hours.
    We have also included a burden estimate for members who currently
serve on FDA advisory committees who are not Special Government and
Regular Government Employees and who must submit an updated CV and an
executed/completed consent form annually. Currently there are 54
authorized positions for these Representative members, mostly Industry
Representatives. While some positions are vacant, we anticipate the
positions will be filled during the year. The request for the updated
CV and consent form will be made through email communications by the
Designated Federal Officer of the committee. We anticipate that the
burden to the respondent will be the same as that for new nominations.
We estimate each response will require 15 minutes (0.25) for a total of
13.5 (14 rounded) annual hours.

    Dated: January 2, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-00041 Filed 1-6-20; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: August 22, 2006 (Volume 71, Number 162)]
[Notices]
[Page 48918-48919]
[DOCID:fr22au06-46]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-473-000]

Trailblazer Pipeline Company; Notice of Revenue Crediting Report

August 16, 2006.
    Take notice that on August 11, 2006, Trailblazer Pipeline Company
(Trailblazer) tendered for filing its Penalty Revenue Report.
Trailblazer states the purpose of this filing is to inform the
Commission that Trailblazer collected no penalty revenues in the
quarter ended June 30, 2006.
    Any person desiring to intervene or to protest this 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 in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
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 14 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Intervention and Protest Date: 5 p.m. Eastern Time August 23, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-13888 Filed 8-21-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: January 23, 2009 (Volume 74, Number 14)]
[Rules and Regulations]
[Page 4117-4119]
[DOCID:fr23ja09-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28283; Directorate Identifier 2006-NM-254-AD;
Amendment 39-15780; AD 2009-01-02]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800
and -900 Series Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Boeing Model 737-600, -700, -700C, -800 and -900 series
airplanes. This AD requires a one-time general visual inspection of
frames between body station (BS) 360 and BS 907 to determine if certain
support brackets of the air conditioning (A/C) outlet extrusions are
installed; medium- and high-frequency eddy current inspections for
cracking of the frames around the attachment holes of the subject
brackets; and repair if necessary. This AD also requires installing
new, improved fittings for all support brackets of the A/C outlet
extrusions between BS 360 and BS 907. This AD results from numerous
reports of multiple cracks in the frames around the attachment holes of
certain support brackets of the A/C outlet extrusions. We are issuing
this AD to prevent frame cracking, which, if not corrected, could lead
to a severed frame that, combined with cracking of the skin lap splice
above stringer 10, could result in rapid decompression of the airplane.

DATES: This AD becomes effective February 27, 2009.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of February 27,
2009.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6447; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a supplemental notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an AD that would apply to certain
Boeing Model 737-600, -700, -700C, -800 and -900 series airplanes. That
supplemental NPRM was published in the Federal Register on August 19,
2008 (73 FR 48307). That supplemental NPRM proposed to require a one-
time general visual inspection of frames between body station (BS) 360
and BS 907 to determine if certain support brackets of the air
conditioning (A/C) outlet extrusions are installed; medium- and high-
frequency eddy current inspections for cracking of the frames around
the attachment holes of the subject brackets; and repair if necessary.
That supplemental NPRM also proposed to require installing new,
improved fittings for all support brackets of the A/C outlet extrusions
between BS 360 and BS 907.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.

Request To Revise ``Estimated Costs'' Table

    Boeing requests that we revise the ``Estimated Costs'' table in the
Cost of Compliance paragraph of the supplemental NPRM to match the
information specified in Boeing Special Attention Service Bulletin 737-
25-1544, Revision 1, dated January 16, 2008. Boeing states that the
parts cost in the supplemental NPRM reflects a price range between
$56,095 and $81,339, while the price range specified in the Boeing
special attention service bulletin is between $19,854 and $28,789. We
referred to the Boeing special attention service bulletin as the
appropriate source of service information for doing the actions
specified in the supplemental NPRM.
    We agree with the commenter's request to revise the parts cost to
match the information specified in Boeing Special Attention Service
Bulletin 737-25-1544, Revision 1, dated January 16, 2008. We have
revised the parts cost to specify ``between $19,854 and $28,789'' and
we have revised the corresponding ``Cost per Airplane'' and ``Fleet
Cost'' columns in the ``Estimated Costs'' table of this AD.

Request To Clarify the References to the Boeing Special Attention
Service Bulletin

    Boeing requests that we clarify the references to Boeing Special
Attention Service Bulletin 737-25-1544, Revision 1, dated January 16,
2008, in paragraphs (g), (g)(2), and (h) of the supplemental NPRM.
Boeing states that the supplemental NPRM reads ``* * * in accordance
with Part 2 of the service bulletin * * *'' when the reference is meant
to be ``* * * in accordance with Part 2 of the accomplishment
instructions of the service bulletin.

* * *'' Boeing further states the service bulletin is divided into
three parts with Part 3 being the accomplishment instructions. Boeing
notes that the accomplishment instructions are further divided into
four parts, which are referenced in the supplemental NPRM.
    We agree to clarify the references to Boeing Special Attention
Service Bulletin 737-25-1544, Revision 1, dated January 16, 2008.
However, we had already included the phrase ``Accomplishment
Instructions'' in paragraph (f) of the supplemental NPRM as part of the
definition of ``service bulletin.'' Paragraph (f) of the supplemental
NPRM states that ``the term `service bulletin,' as used in this AD,
means the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 737-25-1544, Revision 1, dated January 16, 2008.''
    To avoid any confusion as to which part of the service bulletin we
are referring to in the AD, we have removed paragraph (f) of the
supplemental NPRM from this AD and revised the subsequent paragraph
identifiers accordingly. We have also included the phrase
``Accomplishment Instructions'' in the references to the service
bulletin in paragraphs (f), (f)(2), and (g) of this AD.

Conclusion

    We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 1,679 airplanes of the affected design in the
worldwide fleet. This AD affects about 626 airplanes of U.S. registry.
The following table provides the estimated costs for U.S. operators to
comply with this AD, at an average labor rate of $80 per work hour.
Operators should note that special cold working tools and sleeves will
be needed if any repair is required, which may increase costs.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                         Cost per
            Action                  Work hours           Parts           airplane              Fleet cost
----------------------------------------------------------------------------------------------------------------
General visual inspection.....  1................  No parts          $80.............  $50,080.
                                                    required.
MFEC and HFEC inspections.....  Between 170 and    No parts          Between $13,600   Up to $10,817,280.
                                 216.               required.         and $17,280.
Replace support fittings......  Between 258 and    Between $19,854   Between $40,494   Up to $35,349,594.
                                 346.               and $28,789.      and $56,469.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 Federal Aviation Administration (FAA) amends Sec.  39.13 by
adding the following new airworthiness directive (AD):

2009-01-02 Boeing: Amendment 39-15780. Docket No. FAA-2007-28283;
Directorate Identifier 2006-NM-254-AD.

Effective Date

    (a) This AD becomes effective February 27, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-600, -700, -700C, -800
and -900 series airplanes; certificated in any category; as
identified in Boeing Special Attention Service Bulletin 737-25-1544,
Revision 1, dated January 16, 2008.

Unsafe Condition

    (d) This AD results from numerous reports of multiple cracks in
the frame around the attachment holes of the support bracket of the
air conditioning (A/C) outlet extrusion. We are issuing this AD to
prevent frame cracking, which, if not corrected, could lead to a
severed frame that, combined with cracking of the skin lap splice
above stringer 10, could result in rapid decompression of the
airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Inspections

    (f) Before the accumulation of 36,000 total flight cycles, or
within 72 months after the effective date of this AD, whichever
occurs later, except as required by paragraph (h) of this AD: Do a
general visual inspection to

determine if the support brackets of the A/C outlet extrusions
between body station (BS) 360 and BS 907 have two-rivet attachment
fittings in accordance with Part 2 of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-25-
1544, Revision 1, dated January 16, 2008 (``the service bulletin''),
except at the locations identified in the notes of Step 3.B.1 of
Part 1 of the Accomplishment Instructions of the service bulletin.
    (1) For any support bracket attached with three or more rivets:
No further action is required by paragraph (f) of this AD.
    (2) For any subject support bracket having a two-rivet
attachment fitting: Before the accumulation of 36,000 total flight
cycles, or within 72 months after the effective date of this AD,
whichever occurs later, except as required by paragraph (h) of this
AD, do medium- and high-frequency eddy current inspections for
cracking of the frame around the attachment holes of the support
bracket, in accordance with Part 2 of the Accomplishment
Instructions of the service bulletin. If any cracking is discovered,
before further flight, repair the cracking in accordance with Part 3
of the Accomplishment Instructions of the service bulletin.

Modification

    (g) Except as required by paragraph (h) of this AD: Before the
accumulation of 36,000 total flight cycles, or within 72 months
after the effective date of this AD, whichever occurs later, replace
the support fittings of all A/C outlet extrusions between BS 360 and
BS 907 with new, improved support fittings, in accordance with Part
4 of the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 737-25-1544, Revision 1, dated January 16, 2008.

Compliance Time for Certain Airplanes

    (h) For airplanes on which Boeing Business Jet (BBJ) lower cabin
altitude modification is incorporated in accordance with
Supplemental Type Certificate ST01697SE: Before the accumulation of
18,000 total flight cycles, or within 72 months after the effective
date of this AD, whichever occurs later, do the actions specified in
paragraphs (f) and (g) of this AD.

Actions Accomplished According to Previous Issue of Service Bulletin

    (i) Actions accomplished before the effective date of this AD
according to Boeing Special Attention Service Bulletin 737-25-1544,
dated October 4, 2006, are considered acceptable for compliance with
the corresponding actions specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, ATTN: Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM-
120S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; has the
authority to approve AMOCs for this AD, if requested in accordance
with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who has been authorized
by the Manager, Seattle ACO, to make those findings. For a repair
method to be approved, the repair must meet the certification basis
of the airplane, and the approval must specifically refer to this
AD.

Material Incorporated by Reference

    (k) You must use Boeing Special Attention Service Bulletin 737-
25-1544, Revision 1, dated January 16, 2008, to perform the actions
that are required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this document in accordance with 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) Contact Boeing Commercial Airplanes, Attention: Data &
Services Management, P.O. Box 3707, MC 2H-65, Seattle, Washington
98124-2207; telephone<PHONE_NUMBER>, extension 1, fax<PHONE_NUMBER>;
e-mail<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com,
for a copy of this service information.
    (3) You may review copies of the service information that is
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221 or<PHONE_NUMBER>.
    (4) You may also review copies of the service information at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>, or
go to: http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 18, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8-31395 Filed 1-22-09; 8:45 am]

BILLING CODE 4910-13-P