[Federal Register: April 17, 2009 (Volume 74, Number 73)]
[Rules and Regulations]
[Page 17769-17770]
[DOCID:fr17ap09-3]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 211

[Release No. SAB 111]

Staff Accounting Bulletin No. 111

AGENCY: Securities and Exchange Commission.

ACTION: Publication of Staff Accounting Bulletin.

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SUMMARY: This staff accounting bulletin (``SAB'') amends Topic 5.M. in
the Staff Accounting Bulletin Series entitled Other Than Temporary
Impairment of Certain Investments in Debt and Equity Securities
(``Topic 5.M.''). On April 9, 2009, the FASB issued FASB Staff Position
No. FAS 115-2 and FAS 124-2, Recognition and Presentation of Other-
Than-Temporary Impairments (``FSP 115-2'') to provide guidance for
assessing whether an impairment of a debt security is other than
temporary. This SAB maintains the staff's previous views related to
equity securities. It also amends Topic 5.M. to exclude debt securities
from its scope.

DATES: Effective April 13, 2009.

FOR FURTHER INFORMATION CONTACT: Robert Malhotra, Senior Advisor, or
Adam Brown, Professional Accounting Fellow, Office of the Chief
Accountant, at<PHONE_NUMBER>; or Stephanie Hunsaker, Associate Chief
Accountant, Division of Corporation Finance, at<PHONE_NUMBER>,
Securities and Exchange Commission, 100 F Street, NE., Washington, DC
20549.

SUPPLEMENTARY INFORMATION: The statements in staff accounting bulletins
are not rules or interpretations of the Commission, nor are they
published as bearing the Commission's official approval. They represent
interpretations and practices followed by the Division of Corporation
Finance and the Office of the Chief Accountant in administering the
disclosure requirements of the Federal securities laws.

    Dated: April 13, 2009.
Elizabeth M. Murphy,
Secretary.

PART 211--[AMENDED]

0
Accordingly, Part 211 of Title 17 of the Code of Federal Regulations is
amended by adding Staff Accounting Bulletin No. 111 to the table found
in Subpart B.

Staff Accounting Bulletin No. 111

    This staff accounting bulletin (``SAB'') hereby amends and replaces
Topic 5.M. in the Staff Accounting Bulletin Series entitled Other Than
Temporary Impairment of Certain Investments in Debt and Equity
Securities (``Topic 5.M.''). On April 9, 2009, the FASB issued FASB
Staff Position No. FAS 115-2 and FAS 124-2, Recognition and
Presentation of Other-Than-Temporary Impairments (``FSP 115-2'') to
provide guidance for assessing whether an impairment of a debt security
is other than temporary. Topic 5.M. (as amended) maintains the staff's
previous views related to equity securities. It also amends Topic 5.M.
to exclude debt securities from its scope.

    Note: The text of SAB 111 will not appear in the Code of Federal
Regulations.

Topic 5: Miscellaneous Accounting

* * * * *

M. Other Than Temporary Impairment of Certain Investments in Equity
Securities

    Facts: FASB Staff Position No. FAS 115-2 and FAS 124-2, Recognition
and Presentation of Other-Than-Temporary Impairments (``FSP 115-2'')
does not define the phrase ``other than temporary'' for available-for-
sale equity securities. For its available-for-sale equity securities,
Company A has interpreted ``other than temporary'' to mean permanent
impairment. Therefore, because Company A's management has not been able
to determine that its investment in Company B's equity securities is
permanently impaired, no realized loss has been recognized even though
the market price of Company B's equity securities is currently less
than one-third of Company A's average acquisition price.
    Question: For equity securities classified as available-for-sale,
does the staff believe that the phrase ``other than temporary'' should
be interpreted to mean ``permanent''?
    Interpretive Response: No. The staff believes that the FASB
consciously chose the phrase ``other than temporary'' because it did
not intend that the test be ``permanent impairment,'' as has been used
elsewhere in accounting practice.\1\
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    \1\ FASB Staff Position No. 115-1 and 124-1, ``The Meaning of
Other-Than-Temporary Impairment and Its Application to Certain
Investments'' refers to this SAB for a discussion of considerations
applicable to a determination as to whether a decline in market
value below cost of an equity security, at a particular point in
time, is other than temporary.
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    The value of investments in equity securities classified as
available-for-sale may decline for various reasons. The market price
may be affected by general market conditions which reflect prospects
for the economy as a whole or by specific information pertaining to an
industry or an individual company. Such declines require further
investigation by management. Acting upon the premise that a write-down
may be required, management should consider all available evidence to
evaluate the realizable value of its investment in equity securities
classified as available-for-sale.
    There are numerous factors to be considered in such an evaluation
and their relative significance will vary from case to case. The staff
believes that the following are only a few examples of the

factors which, individually or in combination, indicate that a decline
in value of an equity security classified as available-for-sale is
other than temporary and that a write-down of the carrying value is
required:
    a. The length of the time and the extent to which the market value
has been less than cost;
    b. The financial condition and near-term prospects of the issuer,
including any specific events which may influence the operations of the
issuer such as changes in technology that may impair the earnings
potential of the investment or the discontinuance of a segment of the
business that may affect the future earnings potential; or
    c. The intent and ability of the holder to retain its investment in
the issuer for a period of time sufficient to allow for any anticipated
recovery in market value.
    Unless evidence exists to support a realizable value equal to or
greater than the carrying value of the investment in equity securities
classified as available-for-sale, a write-down to fair value accounted
for as a realized loss should be recorded. Such loss should be
recognized in the determination of net income of the period in which it
occurs and the written down value of the investment in the company
becomes the new cost basis of the investment.

[FR Doc. E9-8801 Filed 4-16-09; 8:45 am]

BILLING CODE 0000-00-P


[Federal Register Volume 81, Number 161 (Friday, August 19, 2016)]
[Rules and Regulations]
[Pages 55353-55358]
[FR Doc No: 2016-19480]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3986; Directorate Identifier 2015-NM-057-AD;
Amendment 39-18613; AD 2016-16-15]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes. This AD was
prompted by reports of chafing damage due to insufficient clearance on
the main landing gear (MLG) stabilizer brace, the nacelle A-frame
structure, and the adjacent electrical wiring harnesses. An
insufficient fillet radius may also exist on certain airplanes. This AD
requires, depending on airplane configuration, an inspection of the
nacelle A-frame structure for insufficient fillet radius; an inspection
for cracking of affected structure, and rework or repair if necessary,
and rework of the nacelle A-frame structure; repetitive inspections of
the nacelle A-frame structure and the MLG stabilizer brace for
insufficient clearance and damage, and repair if necessary, and rework
of the nacelle A-frame structure, which would terminate the repetitive
inspections; installation of new stop brackets and a shim on each MLG
stabilizer brace assembly; and rework of the electrical wiring
harnesses in the nacelle area. We are issuing this AD to

detect and correct chafing damage and subsequent premature cracking and
fracture of the nacelle A-frame structure, which could result in
failure of the MLG stabilizer brace and loss of the MLG down-lock
indication, which could adversely affect the safe landing of the
airplane.

DATES: This AD is effective September 23, 2016.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 23,
2016.

ADDRESSES: For Bombardier service information identified in this final
rule, contact Bombardier, Inc., Q-Series Technical Help Desk, 123
Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-
4000; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.bombardier.com. For Goodrich service information identified
in this AD, contact Goodrich Corporation, Landing Gear, 1400 South
Service Road, West Oakville, ON, Canada L6L 5Y7; phone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Internet: http://www.goodrich.com/TechPubs. You may view this referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3986.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3986; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Bombardier, Inc.
Model DHC-8-400, -401, and -402 airplanes. The NPRM published in the
Federal Register on October 19, 2015 (80 FR 63147) (``the NPRM''). The
NPRM was prompted by reports of chafing damage due to insufficient
clearance on the MLG stabilizer brace, the nacelle A-frame structure,
and the adjacent electrical wiring harnesses. An insufficient fillet
radius may also exist on certain airplanes. The NPRM proposed to
require, depending on airplane configuration, an inspection of the
nacelle A-frame structure for insufficient fillet radius; an inspection
for cracking of affected structure, and rework or repair if necessary,
and rework of the nacelle A-frame structure; repetitive inspections of
the nacelle A-frame structure and the MLG stabilizer brace for
insufficient clearance and damage, and repair if necessary, and rework
of the nacelle A-frame structure, which would terminate the repetitive
inspections; installation of new stop brackets and a shim on each MLG
stabilizer brace assembly; and rework of the electrical wiring
harnesses in the nacelle area. We are issuing this AD to detect and
correct chafing damage and subsequent premature cracking and fracture
of the nacelle A-frame structure, which could result in failure of the
MLG stabilizer brace and loss of the MLG down-lock indication, which
could adversely affect the safe landing of the airplane.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-45, dated December 23, 2014 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition on certain Bombardier, Inc. Model DHC-8-
400, -401, and -402 airplanes. The MCAI states:

    The aeroplane manufacturer has discovered that an insufficient
fillet radius may exist on the flange of the nacelle A-frame
structure on certain aeroplanes. There have also been several in-
service reports of chafing damage on the main landing gear (MLG)
stabilizer brace, the nacelle A-frame structure and its adjacent
electrical wiring harnesses due to insufficient clearance.
    An insufficient fillet radius and chafing damage on the nacelle
A-frame structure and MLG stabilizer brace could lead to premature
cracking. Fracture of the nacelle A-frame structure or failure of
the MLG stabilizer brace could adversely affect the safe landing of
the aeroplane. The damage to the electrical wiring harnesses could
result in the loss of the MLG downlock indication.
    This [Canadian] AD mandates the inspection and rework of the
nacelle A-frame structure, and the rework of the forward MLG
stabilizer brace assembly and the electrical harnesses in the
nacelle area adjacent to the A-frame structure.

The following actions are required, depending on airplane
configuration.
     A detailed inspection of the nacelle A-frame structure for
insufficient fillet radius, an eddy current or fluorescent dye
penetrant inspection for cracking of affected structure, and rework or
repair if necessary.
     Rework of the left-hand (LH) side and right-hand (RH) side
nacelle A-frame structure, including doing a measurement of the
clearance between the fasteners/A-frame structure and MLG stabilizer
brace assembly and making sure no fouling condition exists, and repair
if necessary.
     Repetitive detailed inspections of the nacelle A-frame
structure and the MLG stabilizer brace for insufficient clearance and
damage, and repair if necessary.
     Rework of the nacelle A-frame structure, including a
measurement of the clearance between the A-frame structure and MLG
stabilizer brace assembly, and a fluorescent dye penetrant inspection
or high frequency eddy current inspection for cracking and repair if
necessary, which would terminate the repetitive inspections.
     Installation of new stop brackets and a shim on each MLG
stabilizer brace assembly.
     Rework of the electrical wiring harnesses in the nacelle
area. The rework includes a detailed inspection of the conduit assembly
for certain conditions and repair if any condition is found,
replacement of damaged conduit, a measurement of the clearance between
the stabilizer brace and electrical harness on both LH and RH nacelles
to make sure there is 0.100 inch (2.54 millimeters (mm)) minimum
clearance between the MLG stabilizer brace, and a check for damage on
the A-frame structure and MLG stabilizer brace and repair if necessary.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3986.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Request To Incorporate Revised Service Information and Provide Credit

    Horizon Air asked that the following revised service information be
included in the proposed AD for the applicable actions:
     Bombardier Service Bulletin 84-54-20, Revision C, dated
March 5, 2015.
     Bombardier Service Bulletin 84-32-112, Revision C, dated
April 2, 2015.
     Bombardier Service Bulletin 84-32-114, Revision B, dated
February 3, 2015.
     Goodrich Service Bulletin 46400-32-102 R2, Revision 2,
dated February 17, 2015.
    Horizon Air pointed out that several of the service documents
specified in the proposed AD have been updated, and asserted that the
proposed AD should be revised to reference the updated service
information. Horizon Air also asked that credit be given for actions
done using the previous revisions of the revised service information.
    We agree with the commenter's requests. No new work is specified by
the revised service information; therefore, we have revised the
``Related Service Information under 1 CFR part 51'' section and the
applicable requirements of this AD to refer to the updated service
information. We have also revised paragraph (m) of this AD to provide
credit for certain actions required by this AD, if those actions were
performed before the effective date of this AD using earlier revisions
of the service information identified previously.

Request To Omit Job Set-Up and Close Out Actions

    Horizon Air asked that we not mandate the ``Job Set-up'' and
``Close Out'' sections of the Accomplishment Instructions of certain
service information referenced in the NPRM. Horizon Air stated that
these instructions do not directly correct the unsafe condition, but
they do restrict an operator's ability to perform other maintenance in
conjunction with the instructions that correct the unsafe condition.
Horizon Air added that only the section in the Accomplishment
Instructions that directly corrects the unsafe condition should be
required.
    We agree with the commenter's request to exclude the ``Job Set-up''
and ``Close Out'' sections of the Accomplishment Instructions of
certain service information identified in this AD. Paragraphs (g), (h),
(i), and (j) of this AD already identify the specific sections of the
Accomplishment Instructions of the applicable service information for
doing only the actions that directly address the unsafe condition;
therefore, there are no changes necessary in those paragraphs in this
regard. However, we have revised paragraph (k) of this AD to specify
doing only the actions provided in ``Part B--Procedure,'' of the
Accomplishment Instructions of Bombardier Service Bulletin 84-32-114,
Revision B, dated February 3, 2015, for the required actions specified
in that paragraph.

Request To Clarify a Certain Reference

    Horizon Air asked that we revise the paragraph references in
paragraph (l)(1) of the proposed AD for clarity. Horizon Air stated
that paragraph (l)(1) of the proposed AD refers to Bombardier ModSum
IS4Q5450002, Revision B, dated June 22, 2012, as acceptable for
compliance with the actions specified in paragraph (g) of the proposed
AD. Horizon Air noted that for greater clarity, the reference should be
to paragraph (g)(2) of the proposed AD.
    We agree with the commenter's request for the reasons provided. We
have changed paragraph (l)(1) of this AD to specify that installing
specified fasteners on the MLG A-frame, in both LH and RH nacelles, in
accordance with Bombardier ModSum IS4Q5450002, Revision B, dated June
22, 2012, is acceptable for compliance with the actions specified in
paragraph (g)(2) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information.
     ModSum IS4Q2400028, Revision B, dated December 11, 2012;
and ModSum IS4Q2400029, Revision A, dated July 6, 2012. These modsums
describe procedures for rerouting certain electrical harnesses and
installing grommets.
     ModSum IS4Q5450002, Revision B, dated June 22, 2012. This
modsum describes procedures for installing specified fasteners on the
MLG A-frame, in both the LH and RH nacelles.
     ModSum IS4Q5450003, Revision C, dated November 29, 2012.
This modsum describes procedures for trimming the horizontal and
vertical stiffeners on the MLG A frame in both the LH and RH nacelles.
     Service Bulletin 84-32-112, Revision C, dated April 2,
2015. This service information describes procedures for incorporating
Bombardier ModSum 4-902416 by installing new stop brackets and new stop
shims for all MLG stabilizer brace assemblies.
     Service Bulletin 84-32-114, Revision B, dated February 3,
2015. This service information describes procedures for rework of the
electrical wiring harnesses in the nacelle area. The rework includes a
detailed inspection of the conduit assembly for certain conditions, and
repair, replacement of damaged conduit, a measurement of the clearance
to make sure there is 0.100 inch (2.54 mm) minimum clearance between
the MLG stabilizer brace, and a check for damage on the A-frame
structure and MLG stabilizer brace and repair.
     Service Bulletin 84-54-19, dated April 18, 2013. This
service information describes procedures for detailed inspections of
the nacelle A-frame structure for insufficient fillet radius, an eddy
current or fluorescent dye penetrant inspection for cracking of
affected structure, and rework or repair.
     Service Bulletin 84-54-20, Revision C, dated March 5,
2015. This service information describes procedures for detailed
inspections of the nacelle A-frame structure and the MLG stabilizer
brace for insufficient clearance and damage, and repair. This service
information also describes procedures for rework of the nacelle A-frame
structure, including a measurement of the clearance between the A-frame
structure and MLG stabilizer brace assembly, and a fluorescent dye
penetrant inspection or high frequency eddy current inspection for
cracking and repair, which would end the inspections.
     Service Bulletin 84-54-21, dated May 9, 2013. This service
information describes procedures for rework of the LH side and RH side
nacelle A-frame structure, including a measurement of the clearance
between the fasteners/A-frame structure and MLG stabilizer brace
assembly and to make sure no fouling condition exists, and repair.
    Goodrich has issued the following service information.

     Service Bulletin 46400-32-102 R2, Revision 2, dated
February 17, 2015. This service information describes procedures for
installing new stop brackets and new stop shims for all MLG stabilizer
brace assemblies.
    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.

Costs of Compliance

    We estimate that this AD affects 80 airplanes of U.S. registry.
    We also estimate that it takes up to 50 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost $8,452 per product.
Based on these figures, we estimate the cost of this AD on U.S.
operators to be up to $1,016,160, or $12,702 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2016-16-15 Bombardier, Inc.: Amendment 39-18613; Docket No. FAA-
2015-3986; Directorate Identifier 2015-NM-057-AD.

(a) Effective Date

    This AD is effective September 23, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes, certificated in any category, serial numbers (S/Ns)
4001 through 4431 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
Gear.

(e) Reason

    This AD was prompted by reports of chafing damage due to
insufficient clearance on the main landing gear (MLG) stabilizer
brace, the nacelle A-frame structure, and the adjacent electrical
wiring harnesses. An insufficient fillet radius might also exist on
certain airplanes. We are issuing this AD to detect and correct
chafing damage and subsequent premature cracking and fracture of the
nacelle A-frame structure, which could result in failure of the MLG
stabilizer brace and loss of the MLG down-lock indication, which
could adversely affect the safe landing of the airplane.

(f) Compliance

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

(g) Inspection, Corrective Actions, and Rework

    For airplanes having S/Ns 4001 through 4055 inclusive: Do the
actions required by paragraphs (g)(1) and (g)(2) of this AD.
    (1) Within 600 flight hours or 100 days after the effective date
of this AD, whichever occurs first: Do a detailed inspection of the
left-hand (LH) side and right-hand (RH) side nacelle A-frame
structure for insufficient fillet radius, in accordance with ``Part
A--Inspection'' of the Accomplishment Instructions of Bombardier
Service Bulletin 84-54-19, dated April 18, 2013. If an insufficient
fillet radius exists, before further flight, do an eddy current or
fluorescent dye penetrant inspection for cracking, in accordance
with ``Part A--Inspection'' of the Accomplishment Instructions of
Bombardier Service Bulletin 84-54-19, dated April 18, 2013.
    (i) If any cracking is found: Before further flight, repair
using a method approved by the Manager, New York Aircraft
Certification Office (ACO), ANE-170, FAA; or Transport Canada Civil
Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval
Organization (DAO).
    (ii) If no cracking is found: Before further flight, rework the
structure, in accordance with ``Part B--Rectification'' of the
Accomplishment Instructions of Bombardier Service Bulletin 84-54-19,
dated April 18, 2013.
    (2) Within 6,000 flight hours or 36 months after the effective
date of this AD, whichever occurs first: Rework the LH side and RH
side nacelle A-frame structure, including doing a measurement of the
clearance between the fasteners/A-frame structure and MLG stabilizer
brace assembly and making sure no fouling condition exists, in
accordance with paragraph 3.B., ``Procedure,'' of the Accomplishment
Instructions of Bombardier Service Bulletin 84-54-21, dated May 9,
2013. If the clearance is found to be less than 0.100 inch (2.54
millimeters (mm)) between the fasteners/A-frame structure and MLG
stabilizer brace assembly after the rework is done, or a fouling
condition exists during the extension of the MLG after rework is
done, before further flight, repair using a method approved by the
Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s
TCCA DAO.

(h) Repetitive Inspections and Corrective Actions

    For airplanes having S/Ns 4056 through 4426 inclusive: Within
600 flight hours or 100 days after the effective date of this AD,
whichever occurs first, do a detailed inspection of the LH side and
RH side nacelle A-frame structure and upper surface of the MLG
stabilizer brace for insufficient clearance and damage (e.g.,
cracking), in accordance with ``Part A--Inspection'' of the
Accomplishment Instructions of Bombardier Service Bulletin 84-54-20,
Revision C, dated March 5, 2015. If no damage is found and clearance
is sufficient: Repeat the inspection thereafter at intervals not to
exceed 600 flight hours until the terminating action required by
paragraph (i) of this AD has been done.
    (1) If a clearance less than 0.100 inch (2.54 mm) exists between
the A-frame structure

and the MLG stabilizer brace assembly in the retracted position,
after the rework is done, before further flight, repair using a
method approved by the Manager, New York ACO, ANE-170, FAA; or TCCA;
or Bombardier, Inc.'s TCCA DAO.
    (2) If any damage is found: Before further flight, repair using
a method approved by the Manager, New York ACO, ANE-170, FAA; or
TCCA; or Bombardier, Inc.'s TCCA DAO.

(i) Terminating Action for Certain Airplanes

    For airplanes having S/Ns 4056 through 4426 inclusive: Within
6,000 flight hours or 36 months after the effective date of this AD,
whichever occurs first, rework the LH side and RH side nacelle A-
frame structure, including doing a measurement of the clearance
between the A-frame structure and MLG stabilizer brace assembly and
doing a fluorescent dye penetrant inspection or high frequency eddy
current inspection for cracking, in accordance with ``Part B--
Rework'' of the Accomplishment Instructions of Bombardier Service
Bulletin 84-54-20, Revision C, dated March 5, 2015. Accomplishment
of the actions required by this paragraph terminates the repetitive
inspections required by paragraph (h) of this AD.
    (1) If a clearance less than 0.100 inch (2.54 mm) exists between
the A-frame structure and the MLG stabilizer brace assembly in the
retracted position, after the rework is done, before further flight,
repair using a method approved by the Manager, New York ACO, ANE-
170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO.
    (2) If any cracking is found: Before further flight, repair
using a method approved by the Manager, New York ACO, ANE-170, FAA;
or TCCA; or Bombardier, Inc.'s TCCA DAO.

(j) Modification of MLG Stabilizer Brace Assembly

    For airplanes having S/Ns 4001 through 4431 inclusive with a MLG
stabilizer brace assembly having part number (P/N) 46400-27
installed: Within 6,000 flight hours or 36 months after the
effective date of this AD, whichever occurs first, incorporate
Bombardier ModSum 4-902416 by installing new stop brackets and a new
shim on each MLG stabilizer brace assembly, in accordance with
paragraph 3.B., ``Procedure,'' of the Accomplishment Instructions of
Bombardier Service Bulletin 84-32-112, Revision C, dated April 2,
2015; and Goodrich Service Bulletin 46400-32-102 R2, Revision 2,
dated February 17, 2015.

(k) Rework of the Electrical Wiring Harnesses

    For airplanes having S/Ns 4001 through 4411 inclusive: Within
6,000 flight hours or 36 months after the effective date of this AD,
whichever occurs first, rework the LH and RH sides of the electrical
wiring harnesses in the nacelle area adjacent to the A-frame
structure, including doing the actions specified in paragraphs
(k)(1) through (k)(4) of this AD, in accordance with ``Part B--
Procedure'' of the Accomplishment Instructions of Bombardier Service
Bulletin 84-32-114, Revision B, dated February 3, 2015. If any
damage is found on the A-frame structure or MLG stabilizer brace,
before further flight, repair using a method approved by the
Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s
TCCA DAO.
    (1) Doing a detailed inspection of the conduit assembly for the
conditions specified in Bombardier Service Bulletin 84-32-114,
Revision B, dated February 3, 2015, and, before further flight,
repairing if any condition is found.
    (2) Replacing damaged conduit.
    (3) Measuring the clearance between the stabilizer brace and
electrical harness on both LH and RH nacelles to make sure there is
0.100 inch (2.54 mm) minimum clearance between the MLG stabilizer
brace.
    (4) Checking for damage on the A-frame structure and MLG
stabilizer brace.

(l) Optional Installations

    (1) Installing specified fasteners on the MLG A-frame, in both
LH and RH nacelles, in accordance with Bombardier ModSum
IS4Q5450002, Revision B, dated June 22, 2012, is acceptable for
compliance with the actions specified in paragraph (g)(2) of this
AD, provided the actions specified in Bombardier ModSum IS4Q5450002
are done within the applicable compliance time specified in
paragraph (g) of this AD, except where ModSum IS4Q5450002, Revision
B, dated June 22, 2012, specifies to contact Bombardier for reduced
clearances, before further flight, repair using a method approved by
the Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier,
Inc.'s TCCA DAO.
    (2) Trimming the horizontal and vertical stiffeners on the MLG
A-frame in both LH and RH nacelles, in accordance with Bombardier
ModSum IS4Q5450003, Revision C, dated November 29, 2012, is
acceptable for compliance with the actions specified in paragraph
(i) of this AD, provided the actions specified in Bombardier ModSum
IS4Q5450003 are done within the compliance time specified in
paragraph (i) of this AD, except where ModSum IS4Q5450003, Revision
C, released November 29, 2012, specifies to contact Bombardier for
reduced clearances, before further flight, repair using a method
approved by the Manager, New York ACO, ANE-170, FAA; or TCCA; or
Bombardier, Inc.'s TCCA DAO.
    (3) Rerouting certain electrical harnesses and installing
grommets, in accordance with Bombardier ModSum IS4Q2400028, Revision
B, dated December 11, 2012 (for S/Ns 4001 through 4098 inclusive);
or Bombardier ModSum IS4Q2400029, Revision A, dated July 6, 2012
(for S/Ns 4090 through 4411 inclusive); is acceptable for compliance
with the actions specified in paragraph (k) of this AD, provided the
actions specified in the applicable modsum are done within the
compliance time specified in paragraph (k) of this AD, except where
Bombardier ModSum IS4Q2400028, Revision B, dated December 11, 2012;
and Bombardier ModSum IS4Q2400029, Revision A, dated July 6, 2012;
specify to contact Bombardier to report stabilizer brace or
structural damaged findings, before further flight, repair using a
method approved by the Manager, New York ACO, ANE-170, FAA; or TCCA;
or Bombardier, Inc.'s TCCA DAO.

(m) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraph (i) of this AD, if those actions were performed before the
effective date of this AD using the applicable service information
specified in paragraph (m)(1)(i), (m)(1)(ii), or (m)(1)(iii) of this
AD. This service information is not incorporated by reference in
this AD.
    (i) Bombardier Service Bulletin 84-54-20, dated April 25, 2013.
    (ii) Bombardier Service Bulletin 84-54-20, Revision A, dated
April 9, 2014.
    (iii) Bombardier Service Bulletin 84-54-20, Revision B, dated
October 2, 2014.
    (2) This paragraph provides credit for actions required by
paragraph (j) of this AD, if those actions were performed before the
effective date of this AD using the applicable service information
specified in paragraph (m)(2)(i), (m)(2)(ii), (m)(2)(iii), or
(m)(2)(iv) of this AD. This service information is not incorporated
by reference in this AD.
    (i) Bombardier Service Bulletin 84-32-112, dated December 20,
2012.
    (ii) Bombardier Service Bulletin 84-32-112, Revision A, dated
April 16, 2014.
    (iii) Bombardier Service Bulletin 84-32-112, Revision B, dated
September 12, 2014.
    (iv) Goodrich Service Bulletin 46400-32-102 R1, Revision 1,
dated June 24, 2013.
    (3) This paragraph provides credit for actions required by
paragraph (k) of this AD, if those actions were performed before the
effective date of this AD using the applicable service information
specified in paragraph (m)(3)(i) or (m)(3)(ii) of this AD. This
service information is not incorporated by reference in this AD.
    (i) Bombardier Service Bulletin 84-32-114, dated June 6, 2013.
    (ii) Bombardier Service Bulletin 84-32-114, Revision A, dated
September 18, 2013.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO, ANE-170, 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 ACO, send it to ATTN: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; fax<PHONE_NUMBER>. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO,
ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved
by the DAO, the approval must include the DAO-authorized signature.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2014-45, dated December
23, 2014, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2015-3986.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (p)(3), (p)(4), and (p)(5) of this AD.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier ModSum IS4Q2400028, Revision B, dated December
11, 2012. (This document has 33 pages; the first page of the modsum
indicates that there are 32 pages.)
    (ii) Bombardier ModSum IS4Q2400029, Revision A, dated July 6,
2012.
    (iii) Bombardier ModSum IS4Q5450002, Revision B, dated June 22,
2012.
    (iv) Bombardier ModSum IS4Q5450003, Revision C, dated November
29, 2012.
    (v) Bombardier Service Bulletin 84-32-112, Revision C, dated
April 2, 2015.
    (vi) Bombardier Service Bulletin 84-32-114, Revision B, dated
February 3, 2015.
    (vii) Bombardier Service Bulletin 84-54-19, dated April 18,
2013.
    (viii) Bombardier Service Bulletin 84-54-20, Revision C, dated
March 5, 2015.
    (ix) Bombardier Service Bulletin 84-54-21, dated May 9, 2013.
    (x) Goodrich Service Bulletin 46400-32-102 R2, Revision 2, dated
February 17, 2015.
    (3) For Bombardier service information identified in this AD,
contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.bombardier.com.
    (4) For Goodrich service information identified in this AD,
contact Goodrich Corporation, Landing Gear, 1400 South Service Road,
West Oakville, ON, Canada L6L 5Y7; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: http://www.goodrich.com/TechPubs.
    (5) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 4, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-19480 Filed 8-18-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Proposed Rules]
[Pages 11796-11798]
[FR Doc No: 2012-4705]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

Docket No. FAA-2012-0131; Airspace Docket No. 12-ANM-2

Proposed Amendment of Class E Airspace; Rock Springs, WY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Rock
Springs-Sweetwater County Airport, Rock Springs, WY. Decommissioning of
the Rock Springs Tactical Air Navigation System (TACAN) has made this
action necessary for the safety and management of Instrument Flight
Rules (IFR) operations at the airport. This action also would adjust
the geographic coordinates of the airport.

DATES: Comments must be received on or before April 13, 2012.

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-
0131; Airspace Docket No. 12-ANM-2, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, 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 2012-0131 and Airspace Docket No. 12-ANM-2) 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-2012-0131 and Airspace Docket No. 12-ANM-2''. 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 NPRMs

    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 a.m. and 5 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
NPRMs 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 amending Class E surface airspace and
Class E airspace extending upward from 700 feet above the surface at
Rock Springs-Sweetwater County Airport, Rock Springs, WY. Airspace
reconfiguration is necessary due to the decommissioning of the Rock
Springs TACAN. Also, the geographic coordinates of the airport would be
updated to coincide with the FAA's aeronautical database. This action
would enhance the safety and management of IFR operations at Rock
Springs-Sweetwater County Airport, Rock Springs, WY.
    Class E airspace designations are published in paragraph 6002 and
6005, respectively, of FAA Order 7400.9V, dated August 9, 2011, and
effective September 15, 2011, which is incorporated by reference in 14
CFR 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 Rock Springs-Sweetwater
County Airport, Rock Springs, WY.
    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

    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]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, and effective September 15,
2011 is amended as follows:

Paragraph 6002 Class E airspace designated as surface areas.

* * * * *

ANM WY E2 Rock Springs, WY [Modified]

Rock Springs-Sweetwater County Airport, WY
    (Lat. 41[deg]35'39'' N., long. 109[deg]03'55'' W.)

    Within 4.8 miles each side of the Rock Springs-Sweetwater County
Airport 095[deg] and 275[deg] bearings extending from the airport to
13.5 miles west and 13.2 miles east.

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

* * * * *

ANM WY E5 Rock Springs, WY [Modified]

Rock Springs-Sweetwater County Airport, WY
    (Lat. 41[deg]35'39'' N., long. 109[deg]03'55'' W.)
Rock Springs VOR/DME
    (Lat. 41[deg]35'25'' N., long. 109[deg]00'55'' W.)

    That airspace extending upward from 700 feet above the surface
within a 10.1-mile radius of the Rock Springs-Sweetwater County
Airport, and within 8.5 miles north and 6.3 miles south of the Rock
Springs-Sweetwater County Airport 269[deg] and 089[deg] bearings
extending from the 10.1-mile radius to 23.4 miles west and 20.4
miles east of the airport, and within 2.2 miles north and 4.4 miles
south of the Rock Springs-Sweetwater County Airport 109[deg] bearing
extending to 18.6 miles east of the airport; that airspace extending
upward from 1,200 feet above the surface within a 20.1-mile radius
of the Rock Springs VOR/DME, including that airspace bounded on the
north by V-4 and V-6, on the southeast by V-208, and on the
southwest by V-328.

    Issued in Seattle, Washington, on February 22, 2012.
Bill Buck,
Acting Manager, Operations Support Group, Western Service Center
[FR Doc. 2012-4705 Filed 2-27-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Notices]
[Pages 16461-16462]
[FR Doc No: 2011-6809]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.

Extension:
    Rule 609 and Form SIP; SEC File No. 270-23; OMB Control No.
3235-0043.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval for Rule 609 (17 CFR 242.609)
(formerly Rule 11Ab2-1) and Form SIP (17 CFR 249.1001), titled

``Registration of securities information processors: form of
application and amendments''.
    On September 23, 1975, the Commission adopted Rule 11Ab2-1 and Form
SIP under the Securities Exchange Act of 1934 (``Act'') (15 U.S.C. 78a
et seq.) to establish the procedures by which Securities Information
Processor (``SIP'') files and amends their SIP registration
statements.\1\ Under Regulation NMS Rule 11Ab2-1was redesignated as
Rule 609.\2\ The information filed with the Commission pursuant to Rule
609 and Form SIP is designed to provide the Commission with the
information necessary to make the required findings under the Act
before granting the SIP's application for registration. In addition,
the requirement that a SIP file an amendment to correct any inaccurate
information is designed to assure that the Commission has current,
accurate information with respect to the SIP. This information is also
made available to members of the public.
---------------------------------------------------------------------------

    \1\ See Securities Exchange Act Release No. 11673 (September 23,
1975), 40 FR 45422 (October 2, 1975).
    \2\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005).
---------------------------------------------------------------------------

    Only exclusive SIPs are required to register with the Commission.
An exclusive SIP is a SIP that engages on an exclusive basis on behalf
of any national securities exchange or registered securities
association, or any national securities exchange or registered
securities association which engages on an exclusive basis on its own
behalf, in collecting, processing, or preparing for distribution or
publication, any information with respect to (i) transactions or
quotations on or effective or made by means of any facility of such
exchange or (ii) quotations distributed or published by means of any
electronic quotation system operated by such association. The Federal
securities laws require that before the commission may approve the
registration of an exclusive SIP, it must make certain mandatory
findings. It takes a SIP applicant approximately 400 hours to prepare
documents which include sufficient information to enable the Commission
to make those findings. Currently, there are only two exclusive SIPs
registered with the Commission; The Securities Information Automation
Corporation (``SIAC'') and The Nasdaq Stock Market, LLC (``Nasdaq'').
SIAC and Nasdaq are required to keep the information on file with the
Commission current, which entails filing a form SIP annually to update
information.
    Accordingly, the annual reporting and recordkeeping burden for Rule
609 and Form SIP is 400 hours; the burden of information collection is
estimated to involve approximately 1 respondent application for
registration making 1 response per year. This annual reporting and
recordkeeping burden does not include the burden hours or cost of
amending a Form SIP because the Commission has already overstated the
compliance burdens by assuming that the Commission will receive one
initial registration pursuant to Rule 609 on Form SIP a year.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to: Thomas Bayer, Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, Virginia 22312 or
send an e-mail to<EMAIL_ADDRESS>
    Dated: March 17, 2011.
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-6809 Filed 3-22-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Proposed Rules]
[Page 38000]
[FR Doc No: 2013-15092]

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

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0129]
RIN 1625--AA08

Special Local Regulations; Marine Events, Spa Creek and Annapolis
Harbor; Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its proposed rule concerning
amendments to the regattas and marine parades regulations. The
rulemaking was initiated to establish special local regulations during
the swim segment of the ``TriRock Triathlon Series,'' a marine event to
be held on the waters of Spa Creek and Annapolis Harbor on July 20,
2013. The Coast Guard was notified on May 21, 2013, that the event had
been cancelled.

DATES: The proposed rule is withdrawn on June 25, 2013.

ADDRESSES: The docket for this withdrawn rulemaking is available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. You may also find
this docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2013-0129 in the ``SEARCH'' box, and then clicking
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice, call or email Mr. Ronald Houck, Waterways Management Division,
Sector Baltimore, MD, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing material in
the docket, call Barbara Hairston, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On April 3, 2013, we published a notice of proposed rulemaking
entitled ``Special Local Regulations; Marine Events, Spa Creek and
Annapolis Harbor; Annapolis, MD'' in the Federal Register (78 FR
20066). The rulemaking concerned the Coast Guard's proposal to
establish temporary special local regulations on specified waters of
Spa Creek and Annapolis Harbor at Annapolis, MD, effective from 6 a.m.
to 9:30 a.m. on July 20, 2013. The regulated area included all waters
of the Spa Creek and Annapolis Harbor, from shoreline to shoreline,
bounded by a line drawn near the entrance of Spa Creek originating at
latitude 38[deg]58'40'' N, longitude 076[deg]28'49'' W, thence south to
latitude 38[deg]58'32'' N, longitude 076[deg]28'45'' W. The regulated
area is bounded to the southwest by a line drawn from latitude
38[deg]58'34'' N, longitude 076[deg]29'05'' W thence south to latitude
38[deg]58'27'' N, longitude 076[deg]28'55'' W, located at Annapolis,
MD. The regulations were needed to temporarily restrict vessel traffic
during the event to provide for the safety of participants, spectators
and other transiting vessels.

Withdrawal

    The Coast Guard is withdrawing this rulemaking because the event
has been cancelled.

Authority

    We issue this notice of withdrawal under the authority of 33 U.S.C.
1233.

    Dated: June 3, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-15092 Filed 6-24-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 75, Number 40 (Tuesday, March 2, 2010)]
[Notices]
[Page 9406]
[FR Doc No: 2010-4253]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EC10-44-000]

Crescent Ridge LLC; Notice of Filing

February 23, 2010.
    Take notice that on February 16, 2010, Crescent Ridge LLC filed a
supplement to its February 2, 2010 section 203 application.
    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, 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 comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    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>.
    Comment Date: 5 p.m. Eastern Time on February 26, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-4253 Filed 3-1-10; 8:45 am]
BILLING CODE 6717-01-P


Lydia Wegman/RTP/USEPA/US

11/08/2007 06:22 PM

To

<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS> cc

<EMAIL_ADDRESS><EMAIL_ADDRESS>Tricia Crabtree/RTP/USEPA/US@EPA

Subject

Fw: Pb: Web sites and Staff Paper pdf for OMB

Hi all,

In case you don't have a copy of the Staff Paper or want to look at the Risk and Exposure Assessment, attached is the pdf of the Staff Paper and web sites for both documents.

----- Forwarded by Lydia Wegman/RTP/USEPA/US on 11/08/2007 06:20 PM -----

Deirdre Murphy/RTP/USEPA/US

11/08/2007 02:40 PM

To

Lydia Wegman/RTP/USEPA/US@EPA

cc

Subject

Pb: Web sites and Staff Paper pdf for OMB

Lydia,

I'm forwarding the information for you to provide OMB.

The URLs for the just released Lead Staff Paper (and associated risk assessment report) are provided below.

Staff Paper:

http://www.epa.gov/ttn/naaqs/standards/pb/s_pb_cr_sp.html

Risk Assessment Report:

http://www.epa.gov/ttn/naaqs/standards/pb/s_pb_cr_td.html

And the pdf for the Staff Paper is attached.

Deirdre


[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Notices]
[Pages 70059-70060]
[FR Doc No: 2010-28747]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63283; File No. SR-ISE-2010-106]

 Self-Regulatory Organizations; International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Fees and Rebates for Adding and Removing
Liquidity

November 9, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 26, 2010, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission the proposed rule change, as described in Items I
and II below, which items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The ISE is proposing to amend its transaction fees and rebates for
adding and removing liquidity. The text of the proposed rule change is
available on the Exchange's Web site (http://www.ise.com), at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange currently assesses a per contract transaction charge
to market participants that add or remove liquidity from the Exchange
(``maker/taker fees'') in 100 options classes (the ``Select
Symbols'').\3\ The Exchange currently charges a take fee of: (i) $0.25
per contract for Market Maker, Market Maker Plus,\4\ Firm Proprietary
and Customer (Professional) \5\ orders; (ii) $0.35 per contract for
Non-ISE Market Maker \6\ orders; (iii) $0.20 per contract for Priority
Customer \7\ orders for 100 or more contracts. Priority Customer orders
for less than 100 contracts are not assessed a fee for removing
liquidity. The Exchange proposes to increase the take fee to $0.40 per
contract for Market Maker, Market Maker Plus, Firm Proprietary,
Customer (Professional) and Non-ISE Market Maker interest that responds
to special orders.\8\ A special order is an order submitted for
execution in the Exchange's Facilitation Mechanism, Solicited Order
Mechanism, Block Order Mechanism and Price Improvement Mechanism. A
response to a special order is any contra-side interest submitted after
the commencement of an auction in the Exchange's Facilitation
Mechanism, Solicited Order Mechanism, Block Order Mechanism and Price
Improvement Mechanism.\9\
---------------------------------------------------------------------------

    \3\ Options classes subject to maker/taker fees are identified
by their ticker symbol on the Exchange's Schedule of Fees.
    \4\ A Market Maker Plus is a market maker who is on the National
Best Bid or National Best Offer 80% of the time for series trading
between $0.03 and $5.00 (for options whose underlying stock's
previous trading day's last sale price was less than or equal to
$100) and between $0.10 and $5.00 (for options whose underlying
stock's previous trading day's last sale price was greater than
$100) in premium in each of the front two expiration months and 80%
of the time for series trading between $0.03 and $5.00 (for options
whose underlying stock's previous trading day's last sale price was
less than or equal to $100) and between $0.10 and $5.00 (for options
whose underlying stock's previous trading day's last sale price was
greater than $100) in premium across all expiration months in order
to receive the rebate. The Exchange determines whether a market
maker qualifies as a Market Maker Plus at the end of each month by
looking back at each market maker's quoting statistics during that
month. If at the end of the month, a market maker meets the
Exchange's stated criteria, the Exchange rebates $0.10 per contract
for transactions executed by that market maker during that month.
The Exchange provides market makers a report on a daily basis with
quoting statistics so that market makers can determine whether or
not they are meeting the Exchange's stated criteria.
    \5\ A Customer (Professional) is a person who is not a broker/
dealer and is not a Priority Customer.
    \6\ A Non-ISE Market Maker, or Far Away Market Maker
(``FARMM''), is a market maker as defined in Section 3(a)(38) of the
Securities Exchange Act of 1934, as amended (``Exchange Act''),
registered in the same options class on another options exchange.
    \7\ A Priority Customer is defined in ISE Rule 100(a)(37A) as a
person or entity that is not a broker/dealer in securities, and does
not place more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s).
    \8\ The proposed fee for responses to special orders is similar
to fees currently in place at other options exchanges. See
Securities Exchange Act Release No. 62632 (August 3, 2010), 75 FR
47869 (August 9, 2010) (Notice of Filing and Immediate Effectiveness
of Proposed Rule Change To Amend the Fee Schedule of the Boston
Options Exchange Facility) (SR-BX-2010-049).
    \9\ Pre-existing Market Maker, Market Maker Plus, Firm
Proprietary and Customer (Professional) interest that trades with
special orders in the Exchange's various auctions will continue to
be charged $0.25 per contract.
---------------------------------------------------------------------------

    Additionally, to incentivize members, the Exchange currently offers
a rebate of $0.15 per contract to contracts that do not trade with the
contra order in the Exchange's Facilitation Mechanism and Price
Improvement Mechanism. The Exchange proposes to (i) extend that $0.15
per contract rebate to contracts that do not trade with the contra
order in the Exchange's Solicited Order Mechanism, and (ii) increase
the rebate applied to contracts that do not trade with the contra order
in the Exchange's Price Improvement Mechanism from $0.15 per contract
to $0.25 per contract.
    Finally, the Exchange currently charges Non-ISE Market Maker orders
a fee of $0.20 per contract for adding liquidity. The Exchange proposes
to lower this fee to $0.10 per contract. With this proposed fee
reduction, the fee charged to Non-ISE Market Maker orders that add
liquidity shall be equal to all other non-Priority Customer orders that
add liquidity.
    The Exchange also proposes to change the symbol for UAL Corporation
on the Schedule of Fees from ``UAUA'' to

``UAL'' to reflect a recent corporate action.\10\
---------------------------------------------------------------------------

    \10\ On October 1, 2010, UAL Corporation announced that as a
result of a merger between UAL Corporation and Continental Airlines,
Inc. that it would change its name and underlying symbol. UAL
Corporation is now known as United Continental Holding, Inc.
---------------------------------------------------------------------------

    The Exchange has designated this proposal to be operative on
November 1, 2010.
2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(4) \11\ that an exchange have an
equitable allocation of reasonable dues, fees and other charges among
its members and other persons using its facilities. The impact of the
proposal upon the net fees paid by a particular market participant will
depend on a number of variables, most important of which will be its
propensity to add or remove liquidity in options overlying the Select
Symbols. The Exchange operates in a highly competitive market in which
market participants can readily direct order flow to another exchange
if they deem fee levels at a particular exchange to be excessive. The
Exchange believes that the proposed fees are within the range assessed
by other exchanges \12\ and therefore continue to be reasonable and
equitably allocated to those members that opt to direct orders to the
Exchange rather than to a competing exchange. The Exchange's maker/
taker fees, which are currently applicable to each market participant,
will continue to apply to the Select Symbols.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(4).
    \12\ See supra note 8.
---------------------------------------------------------------------------

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

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

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\13\ At any time within 60 days of the
filing of such proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2010-106 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2010-106. This file
number should be included on the subject line if e-mail 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 website
viewing and printing in the Commission's Public Reference Room on
official business days between the hours of 10 a.m. and 3 p.m. Copies
of such filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-ISE-2010-106, and should be submitted on or before
December 7, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-28747 Filed 11-15-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Rules and Regulations]
[Pages 55256-55257]
[FR Doc No: 2015-23141]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0873]

Drawbridge Operation Regulation; Snake River, Burbank, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Burlington Northern Santa Fe (BNSF)
Railway Bridge across the Snake River, mile 1.5, at Burbank, WA. The
deviation is necessary to accommodate maintenance to replace movable
rail joints. This deviation allows the bridge to remain in the closed-
to-navigation position during maintenance activities.

DATES: This deviation is effective from 7 a.m. on September 28, 2015
until 7 p.m. on October 1, 2015.

ADDRESSES: The docket for this deviation, [USCG-2015-0873] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: BNSF has requested that the BNSF Snake River
Bridge across the Snake River, mile 1.5, remain in the closed-to-
navigation position to vessel traffic to perform railroad bridge
maintenance. During this maintenance period, movable rail joints will
be replaced at both ends of the lift span. The BNSF Snake River Bridge,
mile 1.5, provides 14.1 feet of vertical clearance above Columbia River
Datum 0.0 while in the closed position. The normal operating schedule
for the BNSF Snake River Bridge 3.08 operates in accordance with 33 CFR
117.1058, and is automated and is normally maintained in the fully
open-to-navigation position.
    The deviation allows the lift span of the BNSF Snake River Bridge
across the Snake River, mile 1.5, to remain in the closed-to-navigation
position, and need not open for maritime traffic from 7 a.m. to 3 p.m.
on September 28, 2015; from 7 a.m. to 7 p.m. on September 29, 2015;
from 7 a.m. to 3 p.m. on September 30, 2015; and from 7 a.m. to 7 p.m.
on October 1, 2015. During the active maintenance, BNSF will lower the
lift span in closed-to-navigation position. Waterway usage on this part
of the

Snake River includes vessels ranging from commercial tug and tow
vessels to recreational pleasure craft including cabin cruisers and
sailing vessels.
    Vessels able to pass through the bridge in the closed-to-navigation
position may do so at any time. The span will be able to open for
maritime emergencies, but any time lost to emergency openings will
necessitate a time extension added to the approved dates. No immediate
alternate route for vessels to pass is available on this part of the
river. The Coast Guard will also inform the users of the waterways
through our Local and Broadcast Notices to Mariners of the change in
operating schedule for the bridge so that vessels can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: September 8, 2015.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2015-23141 Filed 9-14-15; 8:45 am]
 BILLING CODE 9110-04-P


EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA Registration Division contact: [PV Shah;<PHONE_NUMBER>]

INSTRUCTIONS:  Please utilize this outline in preparing the pesticide petition.  In cases where the outline element does not apply, please insert "NA-Remove" and maintain the outline. Please do not change the margins, font, or format in your pesticide petition. Simply replace the instructions that appear in green, i.e., "[insert company name]," with the information specific to your action.

TEMPLATE:

[Bayer HealthCare LLC, Animal Health Division]

IN-10888

	EPA has received a pesticide petition (IN-10888) from [Bayer HealthCare, LLC, Animal Health Division], [P.O Box 390 Shawnee Mission, KS 66201] proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180.910 to establish an exemption from the requirement of a tolerance for residues of titanium dioxide (CAS Reg. No. 13463-67-7) in honey as a result of its use as an inert ingredient (colorant) at a concentration of not more than 0.1% in pesticide formulations intended for varroa mite control around bee hives.  EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of  FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

	1. Plant metabolism. [NA-Remove.]

	2. Analytical method. [NA-Remove.]

	3. Magnitude of residues. [NA-Remove.]

B. Toxicological Profile

	1. Acute toxicity.  [Titanium dioxide is low in toxicity following acute exposure, with a reported oral LD50 in rats of greater than 5,000 mg/kg body weight.  An acute inhalation exposure study in rats to titanium dioxide at a concentration of 3.43 mg/L caused no deaths.  No acute dermal toxicity studies have been identified for titanium dioxide.  Two separate dermal irritation studies in rabbits reported that titanium dioxide is not a dermal or eye irritant. Titanium dioxide is not a sensitizing agent. ]

	2. Genotoxicty. [A variety of genotoxicity studies have been conducted on titanium dioxide, including sister chromatid exchange assays, in vitro and in vivo micronucleus assays, comet assays, reverse mutation tests and chromosome aberration tests.  These various reports produced mixed results but overall support the determination that titanium dioxide is not mutagenic.  ]

	3. Reproductive and developmental toxicity. [There was no effect of titanium dioxide dosing on reproductive toxicity in parental animals or developmental toxicity in the offspring. The NOAEL for both reproductive and developmental toxicity was 1,000 mg/kg bw/day.]

	4. Subchronic toxicity. [The potential effects of repeated oral exposure to titanium dioxide were evaluated in rats in a 28-day toxicity test conducted according to OECD 407. No effects of treatment were considered to be toxicologically significant and the No-Observed-Adverse-Effect-Level (NOAEL) was considered to be 1,000 mg/kg bw/day. ]

	5. Chronic toxicity. [Titanium dioxide has been tested for potential carcinogenicity in laboratory animals exposed by the oral route, by the inhalation route and via intratracheal administration.  Oral exposure is the route of primary interest for consideration of an exemption from the requirement of a tolerance for exposure from the proposed use.  Groups of 50 male and 50 female mice were fed diets that contained 0, 2.5% or 5% titanium dioxide for 103 weeks.  No significant differences in tumor incidences or body weights were observed between treated and control groups of mice.  Titanium dioxide was shown not to be carcinogenic following chronic dietary exposure.]

	6. Animal metabolism. [The data available indicate that titanium dioxide is not absorbed by mammalian systems and consequently, is not metabolized.]

	7. Metabolite toxicology. [The data available indicate that titanium dioxide is not absorbed by mammalian systems and consequently, is not metabolized.   ]

	8. Endocrine disruption. [Toxicity related to endocrine disruption was not observed in the titanium dioxide database.    ]

C. Aggregate Exposure

	1. Dietary exposure. [No dietary exposure assessment is necessary to support an exemption from the requirement of a tolerance for titanium dioxide use as a colorant in plastic pesticide strips.  The conclusion in the 2012 EPA assessment that no dietary exposure assessment was warranted for titanium dioxide for the proposed uses holds true for the proposed new use of titanium dioxide.]

	i. Food. [The potential exposure to titanium dioxide via food from the proposed new inert use is very low, and titanium dioxide is low in toxicity.]

	ii. Drinking water. [No drinking water exposure from the use of titanium dioxide as a colorant in a plastic pesticide formulation is expected.]

	2. Non-dietary exposure. [Titanium dioxide is an approved food additive and also ingredient in personal care products that are intentionally applied to the skin, including make-up, deodorant, and sunscreens.  Any additional exposure to titanium dioxide from use as a colorant in a plastic pesticide formulation will be very low in comparison.]

D. Cumulative Effects

	[To our knowledge there are no available data or other reliable information that suggest any effects produced by titanium dioxide would be cumulative with those of any other chemical compounds. ]

E. Safety Determination

	1. U.S. population. [The low toxicity of titanium dioxide and the lack of potential exposure from the proposed use suggest that the total aggregate exposures will be well below an acceptable exposure.  Thus, a safety finding for titanium dioxide can be concluded for aggregate exposures from dietary and non-dietary uses.]

	2. Infants and children. [The low toxicity of titanium dioxide and the lack of potential dietary exposure suggest that the total aggregate exposures for infants and children will be well below the acceptable exposure.  Thus, a safety finding for titanium dioxide can be concluded for infant and child exposures from dietary uses.]

F. International Tolerances

	[There are no international tolerances for titanium dioxide.  Codex general standards for food additives (GSFA) for titanium dioxide have been developed for a variety of foods, including dairy-based drinks, condensed milk, cream analogues, a variety of cheeses, sherbet and sorbet, and processed fruit and vegetables.]