[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Notices]
[Pages 37458-37459]
[FR Doc No: 2017-16891]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-1957]

Medical Imaging Drugs Advisory Committee; Notice of Meeting;
Establishment of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) announces
a forthcoming public advisory committee meeting of the Medical Imaging
Drugs Advisory Committee. The general function of the committee is to
provide advice and recommendations to the Agency on FDA's regulatory
issues. The meeting will be open to the public. FDA is establishing a
docket for public comment on this document.

DATES: The public meeting will be held on September 8, 2017, from 8
a.m. to 4 p.m.

ADDRESSES: FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31
Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993-
0002. Answers to commonly asked questions including information
regarding special accommodations due to a disability, visitor parking,
and transportation may be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2017-N-1957. The docket will close on
September 7, 2017. Submit either electronic or written comments on this
public meeting by September 7, 2017.
    Comments received on or before August 24, 2017, will be provided to
the committee. Comments received after that date will be taken into
consideration by the Agency.
    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 September 7, 2017. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of September 7, 2017. 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-1957 for ``Medical Imaging Drugs Advisory Committee; Notice
of Meeting; Establishment of a Public Docket; Request for Comments.''
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: Jennifer Shepherd, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-
796-9001, Fax:<PHONE_NUMBER>, email<EMAIL_ADDRESS>or FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area). A notice in the Federal Register about last
minute modifications that impact a previously announced advisory
committee meeting cannot always be published quickly enough to provide
timely notice. Therefore, you should always check the Agency's Web site
at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down
to the appropriate advisory committee meeting link, or call the
advisory committee information line to learn about possible
modifications before coming to the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The committee will discuss the potential risk of gadolinium
retention in the brain and other body organs in patients receiving
gadolinium-based contrast agents for magnetic resonance clinical
imaging procedures.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
All electronic and written submissions submitted to the docket (see the
ADDRESSES section) on or before August 24, 2017, will be provided to
the committee. Oral presentations from the public will be scheduled
between approximately 1 p.m. and 2 p.m. Those individuals interested in
making formal oral presentations should notify the contact person and
submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before August 16, 2017. Time allotted for
each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public hearing
session. The contact person will notify interested persons regarding
their request to speak by August 17, 2017.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require special accommodations due to a
disability, please contact Jennifer Shepherd at least 7 days in advance
of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: August 7, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-16891 Filed 8-9-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 228 (Wednesday, November 25, 2020)]
[Notices]
[Pages 75313-75315]
[FR Doc No: 2020-26077]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-1-000]

Golden Pass Pipeline LLC; Notice of Scoping Period Requesting
Comments on Environmental Issues for the Proposed Compression
Relocation and Modification Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document, that will discuss
the environmental impacts of the Compression Relocation and
Modification Project involving construction and operation of facilities
by Golden Pass Pipeline LLC (Golden Pass) in Calcasieu Parish,
Louisiana. The Commission will use this environmental document in its
decision-making process to determine whether the project is in the
public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies regarding the project. As part of the National Environmental
Policy Act (NEPA) review process, the Commission takes into account
concerns the public may have about proposals and the environmental
impacts that could result from its action whenever it considers
amending a Certificate of Public Convenience and Necessity. This
gathering of public input is referred to as ``scoping.'' The main goal
of the scoping process is to focus the analysis in the environmental
document on the important environmental issues. Additional information
about the Commission's NEPA process is described below in the NEPA
Process and Environmental Document section of this notice.
    By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document. To ensure
that your comments are timely and properly recorded, please submit your
comments so that the Commission receives them in Washington, DC on or
before 5:00 p.m. Eastern Time on December 19, 2020. Comments may be
submitted in written form. Further details on how to submit comments
are provided in the Public Participation section of this notice.
    Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. Your input will help the Commission

staff determine what issues they need to evaluate in the environmental
document. Commission staff will consider all written comments during
the preparation of the environmental document.
    If you submitted comments on this project to the Commission before
the opening of this docket on October 2, 2020 you will need to file
those comments in Docket No. CP21-1-000 to ensure they are considered
as part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the project, the Natural Gas Act conveys the right of eminent
domain to the company. Therefore, if you and the company do not reach
an easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law. The Commission does
not subsequently grant, exercise, or oversee the exercise of that
eminent domain authority. The courts have exclusive authority to handle
eminent domain cases; the Commission has no jurisdiction over these
matters.
    Golden Pass provided landowners with a fact sheet prepared by the
FERC entitled An Interstate Natural Gas Facility On My Land? What Do I
Need To Know? which addresses typically asked questions, including the
use of eminent domain and how to participate in the Commission's
proceedings. This fact sheet along with other landowner topics of
interest are available for viewing on the FERC website (www.ferc.gov)
under the Natural Gas Questions or Landowner Topics link.

Public Participation

    There are three methods you can use to submit your comments to the
Commission. Please carefully follow these instructions so that your
comments are properly recorded. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on eRegister. You will be asked to select the type of filing you are
making; a comment on a particular project is considered a Comment on a
Filing; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP21-1-
000) on your letter. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
    Additionally, the Commission offers a free service called
eSubscription which makes it easy to stay informed of all issuances and
submittals regarding the dockets/projects to which you subscribe. These
instant email notifications are the fastest way to receive notification
and provide a link to the document files which can reduce the amount of
time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.

Summary of the Proposed Project

    Specifically, Golden Pass seeks to modify previously authorized
facilities, including:
     Relocate the approved compressor Station at Milepost (MP)
66 approximately three miles, to MP 69, and increase the amount of
compression at the relocated facility;
     Add a meter station near MP 69 to support a new
interconnection with a proposed interstate pipeline to be constructed
an operated by Enable Gulf Run Transmission, LLC;
     Remove any bi-directional piping modification to the
interconnect;
     Minor modifications to existing interconnects at MP 66 and
MP 68.
    The general location of the project facilities is shown in appendix
1.\1\
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    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called eLibrary. For instructions on
connecting to eLibrary, refer to the last page of this notice. At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact
FERC at [email protected] or call toll free,<PHONE_NUMBER>
or TTY<PHONE_NUMBER>.
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Land Requirements for Construction

    Land requirements for the proposed modifications total
approximately 44 acres, with construction and operation of the MP 69
compressor station requiring 35 acres.

NEPA Process and the Environmental Document

    Any environmental document issued by the Commission will discuss
impacts that could occur as a result of the construction and operation
of the proposed project under the relevant general resource areas:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     air quality and noise; and
     reliability and safety.
    Commission staff will also evaluate reasonable alternatives to the
proposed project or portions of the project and make recommendations on
how to lessen or avoid impacts on the various resource areas. Your
comments will help Commission staff identify and focus on the issues
that might have an effect on the human environment and potentially
eliminate others from further study and discussion in the environmental
document.
    Following this scoping period, Commission staff will determine
whether to prepare an Environmental Assessment (EA) or an Environmental
Impact Statement (EIS). The EA or the EIS will present Commission
staff's independent analysis of the issues. If Commission staff
prepares an EA, a Notice of Schedule for the Preparation of an
Environmental Assessment will be issued. The EA may be issued for an
allotted public comment period. The Commission would consider timely
comments on the EA before making its decision regarding the proposed
project. If Commission staff prepares an EIS, a Notice of Intent to
Prepare an EIS/

Notice of Schedule will be issued, which will open up an additional
comment period. Staff will then prepare a draft EIS which will be
issued for public comment. Commission staff will consider all timely
comments received during the comment period on the draft EIS and revise
the document, as necessary, before issuing a final EIS. Any EA or draft
and final EIS will be available in electronic format in the public
record through eLibrary \2\ and the Commission's natural gas
environmental documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you
will receive instant email notification when the environmental document
is issued.
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    \2\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project to formally cooperate in the
preparation of the environmental document.\3\ Agencies that would like
to request cooperating agency status should follow the instructions for
filing comments provided under the Public Participation section of this
notice.
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    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Section 1501.6.
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Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Office(s),
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\4\ The environmental document for this
project will document findings on the impacts on historic properties
and summarize the status of consultations under section 106.
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    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project and includes a mailing address with their
comments. Commission staff will update the environmental mailing list
as the analysis proceeds to ensure that Commission notices related to
this environmental review are sent to all individuals, organizations,
and government entities interested in and/or potentially affected by
the proposed project.
    If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please return the
attached ``Mailing List Update Form'' (appendix 2).

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on General Search and enter the docket number in
the Docket Number field. Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or<PHONE_NUMBER>, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.

    Dated: November 19, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-26077 Filed 11-24-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Rules and Regulations]
[Pages 31899-31901]
[FR Doc No: 2017-14372]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0060; Directorate Identifier 2016-SW-090-AD;
Amendment 39-18949; AD 2017-14-05]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Airbus
Helicopters Model SA330J helicopters. This AD requires replacing
certain hydraulic pumps and is prompted by reports of broken screws
that attach the cover of the hydraulic pump. The actions of this AD are
intended to prevent an unsafe condition on these products.

DATES: This AD becomes effective July 26, 2017.
    We must receive comments on this AD by September 11, 2017.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0060; or in person at the Docket Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the European Aviation Safety Agency (EASA) AD, the
economic evaluation, any comments received, and other information. The
street address for the Docket Operations Office (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.
    For service information identified in this final rule, contact
Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
https://www.airbushelicopters.com/techpub/FO/scripts/myFO_login.php.
You may review the referenced service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101
Hillwood Pkwy, Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments prior to it becoming effective. However, we
invite you to participate in this rulemaking by submitting written
comments, data, or views. We also invite comments relating to the
economic, environmental, energy, or federalism impacts that resulted
from adopting this AD. The most helpful comments reference a specific
portion of the AD, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit them only one time. We will file in the docket all comments that
we receive, as well as a report summarizing each substantive public
contact with FAA personnel concerning this rulemaking during the
comment period. We will consider all the comments we receive and may
conduct additional rulemaking based on those comments.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD No. 2016-264-E, dated
December 22, 2016, to correct an unsafe condition for Airbus
Helicopters Model SA330J helicopters. EASA advises of reports of broken
screws that attach the cover of the hydraulic pump. A subsequent
investigation identified a batch of screws delivered between July 1,
2015, and November 1, 2016, that have intrinsic embrittlement and
reduced mechanical properties. Hydrogen was introduced into this batch
of screws during production, causing the screws to become brittle and
lack sufficient strength. These screws were installed in a batch of
hydraulic pumps, part number (P/N) FR65WEO2005-175A, identified by
certain serial numbers, EASA advises.
    This condition, if not detected and corrected, could lead to the
failure of a cover bolt and loss of fluid from the hydraulic pump,
resulting in loss of the hydraulic system and subsequent loss of
helicopter control. As a result, EASA AD No. 2016-264-E requires
replacing the hydraulic pumps.

FAA's Determination

    These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, its technical
representative, has notified us of the unsafe condition described in
the EASA AD. We are issuing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other helicopters of these same
type designs.

Related Service Information

    We reviewed Airbus Helicopters Emergency Alert Service Bulletin No.
SA330-29.12, Revision 0, dated December 22, 2016 (Airbus EASB), for
Model SA330J helicopters and military model SA330L, SA330Jm, SA330S1,
and SA330Sm helicopters. The Airbus EASB specifies removing Nexter
Mechanics hydraulic pumps P/N FR65WEO2005-175A with certain serial
numbers. If both the right-hand (RH) and left-hand (LH) hydraulic pumps
have an affected P/N and serial number, the Airbus EASB specifies
replacing the RH hydraulic pump before further flight and the LH
hydraulic pump within 110 flying hours or 6 months. If only one
hydraulic pump has an affected P/N and serial number, the Airbus EASB
specifies replacing it within 110 flying hours or 6 months. The Airbus
EASB also specifies that, for 6 months after receipt of the Airbus
EASB, before installing an affected hydraulic pump it must be
``returned to conformity'' by complying with Nexter Mechanics Alert

Service Bulletin No. NM/INGE/16-140, Revision 0, dated December 22,
2016 (Nexter ASB). After 6 months or 110 flying hours, whichever occurs
first, the Airbus EASB states the affected hydraulic pumps are unfit
for flight.

AD Requirements

    This AD requires, within 15 hours time-in-service (TIS), removing
the RH hydraulic pump if both hydraulic pumps are listed in the
applicability section of this AD. This AD also prohibits installing an
affected hydraulic pump on any helicopter.

Differences Between This AD and the EASA AD

    The EASA AD requires replacing the LH hydraulic pump with a
serviceable part within 110 hours TIS or 6 months, whichever comes
first, if both the LH and RH hydraulic pumps are affected parts. The
EASA AD also requires, if only one hydraulic pump is an affected part,
replacing it with a serviceable part within 110 hours TIS or 6 months,
whichever comes first. This AD makes no such requirements. We are
considering requiring those actions. However, the planned compliance
time for those actions would allow enough time to provide notice and
opportunity for prior public comment. The EASA AD allows a hydraulic
pump to be installed if it has been repaired in accordance with the
Nexter ASB, while this AD does not.

Costs of Compliance

    We estimate that this AD affects 24 helicopters and that labor
costs average $85 per work-hour. Based on these estimates, we expect
that replacing a hydraulic pump requires 2 work-hours and parts cost
$2,500 for a total cost of $2,670 per helicopter and $64,080 for the
U.S. fleet.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting
these AD requirements would delay implementing the safety actions
needed to correct this known unsafe condition. Therefore, we find that
the risk to the flying public justifies waiving notice and comment
prior to the adoption of this rule because the required corrective
actions must be accomplished within 15 hours TIS, a very short time
period based on the typical utilization rate of these helicopters in
off-shore oil operations.
    Since an unsafe condition exists that requires the immediate
adoption of this AD, we determined that notice and opportunity for
prior public comment before issuing this AD are impracticable and
contrary to the public interest and that good cause exists to make this
AD effective in less than 30 days.

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, 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);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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):

2017-14-05 Airbus Helicopters: Amendment 39-18949; Docket No. FAA-
2017-0060; Directorate Identifier 2016-SW-090-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Model SA330J helicopters,
certificated in any category, with a left-hand and a right-hand
hydraulic pump part number FR65WEO2005-175A with a serial number
4108, 4141, 4177, 4227, 4241, 4284, 4377, 4422, 4570, 4573, 4574,
4641, 4649, 4668, 4766, 4802, 4821, 4831, 4837, 4888, 4896, 4946,
4985, 5023, 5071, 5304, 5366, 5376, 5409, 5442, 5486, 5599, 5630,
94075/01, or 94048/01 installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of a screw
attaching the hydraulic pump cover. This condition could result in
failure of a cover bolt and loss of fluid from the hydraulic pump,
resulting in loss of the hydraulic system and subsequent loss of
helicopter control.

(c) Effective Date

    This AD becomes effective July 26, 2017.

(d) Compliance

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

(e) Required Actions

    (1) Within 15 hours time-in-service, replace the right-hand
hydraulic pump with an airworthy hydraulic pump that is not listed
in paragraph (a) of this AD.
    (2) After the effective date of this AD, do not install on any
helicopter a hydraulic pump that is listed in paragraph (a) of this
AD.

(f) Special Flight Permits

    Special flight permits are prohibited.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Matt Fuller, Senior Aviation
Safety Engineer, Safety Management Group, Rotorcraft Directorate,
FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-
5110; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of

the local flight standards district office or certificate holding
district office, before operating any aircraft complying with this
AD through an AMOC.

(h) Additional Information

    (1) Airbus Helicopters Emergency Alert Service Bulletin (EASB)
No. SA330-29.12, Revision 0, dated December 22, 2016, and Nexter
Mechanics Alert Service Bulletin No. NM/INGE/16-140, Revision 0,
dated December 22, 2016, which are not incorporated by reference,
contain additional information about the subject of this AD. For
service information identified in this AD, contact Airbus
Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone
(972) 641-0000 or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at http://www.airbushelicopters.com/techpub. You may review a copy of the
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX
76177.
    (2) The subject of this AD is addressed in European Aviation
Safety Agency (EASA) AD No. 2016-264-E, dated December 22, 2016. You
may view the EASA AD on the Internet at http://www.regulations.gov
by searching for and locating it in Docket No. FAA-2017-0060.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 2913, Hydraulic
Pump (Electric/Engine) Main.

    Issued in Fort Worth, Texas, on June 30, 2017.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2017-14372 Filed 7-10-17; 8:45 am]
 BILLING CODE 4910-13-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on July 23, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-15371

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of   FRONTIER AIRLINES, INC.,    filed   6/5/03,  for:

XX Exemption for two years under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between the terminal point Denver, Colorado, and the terminal point
Puerto Vallarta, Mexico.

Applicant rep: Edward P. Faberman<PHONE_NUMBER>  DOT Analyst: Linda L.
Lundell<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The authority granted was effective when taken: _July 23, 2003  ,
through _July 23, 2005__.

Action taken by: 	 Paul L. Gretch

			Office of International Aviation

XX   The authority granted is consistent with the aviation agreement
between the United States and Mexico.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated: 	XX  Holder’s
certificates of public convenience and necessity

			XX  Standard Exemption Conditions (attached)

Conditions:  The U.S.-Mexico exemption authority granted is subject to
the dormancy notice requirements set forth in condition 7 of Appendix A
of Order 88-10-2.  Consistent with our standard practice, the dormancy
notice period will begin on November 22, 2003, Frontier’s proposed
startup date for services in the Denver-Puerto Vallarta market.

________________________________________________________________________
____________________________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the application was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at: http://dms.dot.gov//reports/reports_aviation.asp

APPENDIX

U.S. CARRIER

Standard Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with the applicable requirements of the Federal Aviation
Administration Regulations and with all applicable U.S. Government
requirements concerning security;1 and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

													6/2003

____________________________

1 To assure compliance with all applicable U.S. Government requirements
concerning security, the holder should, before commencing any new
service (including charter flights) to or from a foreign airport,
contact its Principal Security Inspector (PSI) to advise the PSI of its
plans and to find out whether the Transportation Security Administration
has determined that security is adequate to allow such airport(s) to be
served.


[Federal Register: February 8, 2008 (Volume 73, Number 27)]
[Notices]
[Page 7564]
[DOCID:fr08fe08-58]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0056] (formerly Docket No. 2007N-0444)

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Recordkeeping and
Records Access Requirements for Food Facilities

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by March
10, 2008.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All comments
should be identified with the OMB control number 0910-0560. Also
include the FDA docket number found in brackets in the heading of this
document.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of the Chief
Information Officer (HFA-250), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Recordkeeping and Records Access Requirements for Food Facilities--21
CFR 1.337, 1.345, and 1.352 (OMB Control Number 0910-0560)--Extension

    The Public Health Security and Bioterrorism Preparedness and
Response Act of 2002 (the Bioterrorism Act) added section 414 of the
Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 350c), which
requires that persons who manufacture, process, pack, hold, receive,
distribute, transport, or import food in the United States establish
and maintain records identifying the immediate previous sources and
immediate subsequent recipients of food. Sections 1.326 through 1.363
(21 CFR 1.326 through 1.363) of FDA's regulations set forth the
requirements for recordkeeping and records access. The requirement to
establish and maintain records improves FDA's ability to respond to,
and further contain, threats of serious adverse health consequences or
death to humans or animals from accidental or deliberate contamination
of food.
    Description of Respondents: Persons that manufacture, process,
pack, hold, receive, distribute, transport, or import food in the
United States are required to establish and maintain records, including
persons that engage in both interstate and intrastate commerce.
    FDA's regulations require that records for non-transporters include
the name and full contact information of sources, recipients, and
transporters, an adequate description of the food including the
quantity and packaging, and the receipt and shipping dates Sec. Sec.
1.337 and 1.345). Required records for transporters include the names
of consignor and consignee, points of origin and destination, date of
shipment, number of packages, description of freight, route of movement
and name of each carrier participating in the transportation, and
transfer points through which shipment moved (Sec.  1.352). Existing
records may be used if they contain all of the required information and
are retained for the required time period.
    In the Federal Register of November 19, 2007 (72 FR 65033), FDA
published a 60-day notice requesting public comment on the information
collection provisions. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                               Table 1.--Estimated Annual Recordkeeping Burden\1\
----------------------------------------------------------------------------------------------------------------
                                       Annual Frequency
  21 CFR Section         No. of              per            Total Annual    Hours per  Record     Total Hours
                     Recordkeepers      Recordkeeping         Records
----------------------------------------------------------------------------------------------------------------
1.337, 1.345, and            379,493                  1            379,493             13.228          5,020,000
 1.352 (records
 maintenance)
----------------------------------------------------------------------------------------------------------------
1.337, 1.345, and             18,975                  1             18,975              4.790             90,890
 1.352 (learning
 for new firms)
----------------------------------------------------------------------------------------------------------------
Total              .................  .................  .................  .................          5,110,890
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    This estimate is based on FDA's estimate of the number of
facilities affected by the final rule entitled ``Establishment and
Maintenance of Records Under the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002,'' published in the
Federal Register of December 9, 2004 (69 FR 71562 at 71630). With
regard to records maintenance, FDA estimates that approximately 379,493
facilities will spend 13.228 hours collecting, recording, and checking
for accuracy of the limited amount of additional information required
by the regulations, for a total of 5,020,000 hours annually. In
addition, FDA estimates that new firms entering the affected businesses
will incur a burden from learning the regulatory requirements and
understanding the records required for compliance. In this regard, the
agency estimates the number of new firms entering the affected
businesses to be 5 percent (5%) of 379,493, or 18,975 firms. Thus, FDA
estimates that approximately 18,975 facilities will spend 4.790 hours
learning about the recordkeeping and records access requirements, for a
total of 90,890 hours annually. Therefore, the total annual
recordkeeping burden is estimated to be 5,110,890 hours.

    Dated: January 30, 2008.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E8-2324 Filed 2-7-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Notices]
[Pages 58121-58124]
[FR Doc No: 2021-22807]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93314; File No. SR-ISE-2021-21)

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Exchange's Pricing Schedule at Options 7, Section 6.A To Modify the QCC
and Solicitation Rebate Program

October 14, 2021.
    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 September 30, 2021, Nasdaq ISE, LLC (``ISE'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III, below, which
Items have been prepared by the Exchange. 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 Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's Pricing Schedule at
Options 7, Section 6.A to modify its Qualified Contingent Cross
(``QCC'') and Solicitation rebate program, as described further below.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/ise/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.] [sic]

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed

any comments it received on the proposed rule change. The text of these
statements may be examined at the places specified in Item IV below.
The Exchange has prepared summaries, set forth in sections A, B, and C
below, of the most significant 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 purpose of the proposed rule change is to modify the Exchange's
QCC \3\ and Solicitation Rebate program in Options 7, Section 6.A by:
(i) Providing a new additional rebate of $0.01 per originating contract
side to qualifying Members, and (ii) amending the qualifications for
the existing $0.01 additional rebate. The Exchange also proposes a
technical amendment in Options 7, Section 4. Each change is discussed
in detail below.
---------------------------------------------------------------------------

    \3\ A QCC Order is comprised of an originating order to buy or
sell at least 1000 contracts that is identified as being part of a
qualified contingent trade, as that term is defined in Supplementary
Material .01 to Options 3, Section 7, coupled with a contra-side
order or orders totaling an equal number of contracts. See Options
3, Section 7(j).
---------------------------------------------------------------------------

    While these amendments are effective upon filing, the Exchange has
designated the proposed amendments to be operative on October 1, 2021.
Background
    Today, Members using QCC and/or other solicited orders executed in
the Solicitation \4\ or Facilitation \5\ Mechanisms (together with QCC,
collectively, ``Solicited Orders'') receive rebates for each
originating contract side in all symbols traded on the Exchange. Once a
Member reaches a certain volume threshold in Solicited Orders during a
month, the Exchange provides rebates to that Member for all of its
eligible Solicited Order traded contracts for that month.\6\ Rebates
will be applied to Solicited Order traded contracts once the volume
threshold is met. Members will receive the rebate for all Solicited
Orders except for Solicited Orders between two Priority Customers.\7\
Solicited Orders between two Priority Customers will not receive any
rebate. The volume threshold and corresponding rebates are as
follows:\8\
---------------------------------------------------------------------------

    \4\ The Solicitation or Solicited Order Mechanism is a process
by which an Electronic Access Member (``EAM'') can attempt to
execute orders of 500 or more contracts it represents as agent
against contra orders that it solicited. See Options 3, Section
11(d).
    \5\ The Facilitation Mechanism is a process by which an EAM can
execute a transaction wherein the EAM seeks to facilitate a block-
size order it represents as agent, and/or a transaction wherein the
EAM solicited interest to execute against a block-size order it
represents as agent. See Options 3, Section 11(b).
    \6\ All eligible volume from affiliated Members will be
aggregated in determining QCC and Solicitation volume totals,
provided there is at least 75% common ownership between the Members
as reflected on each Member's Form BD, Schedule A.
    \7\ A ``Priority Customer'' is 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), as defined in Nasdaq ISE Options 1,
Section 1(a)(37).
    \8\ Volume resulting from all Solicited Orders will be
aggregated in determining the applicable volume tier.

------------------------------------------------------------------------
                  Originating contract sides                     Rebate
------------------------------------------------------------------------
0 to 99,999..................................................      $0.00
100,000 to 199,999...........................................     (0.05)
200,000 to 499,999...........................................     (0.07)
500,000 to 749,999...........................................     (0.09)
750,000 to 999,999...........................................     (0.10)
1,000,000+...................................................     (0.11)
------------------------------------------------------------------------

    For Members that achieve the highest volume threshold of 1,000,000
or more originating contract sides, the Exchange also currently
provides an additional rebate of $0.01 per originating contract side on
Solicited Orders that qualify for the QCC and Solicitation Rebate
program if the Member achieves in a given month: (i) Combined Solicited
Order volume of more than 1,750,000 originating contract sides and (ii)
Priority Customer Complex Tiers 6-9 in Section 4 (the ``note *
incentive'').\9\ The purpose of this incentive is to encourage Members
to provide high volumes of Solicited Order activity well above the
highest QCC and Solicitation Rebate volume tier of 1,000,000 or more
originating contract sides, and also provide significant complex order
volume.
---------------------------------------------------------------------------

    \9\ As set forth in Options 7, Section 4, Priority Customer
Complex Tiers are based on Total Affiliated Member or Affiliated
Entity complex order volume (excluding Crossing Orders and Responses
to Crossing Orders) calculated as a percentage of Customer Total
Consolidated Volume.
---------------------------------------------------------------------------

New QCC and Solicitation Incentive
    To further encourage Solicited Order and complex order flow, the
Exchange now proposes to provide a new additional incentive that will
be structured similarly to the existing note * incentive, except the
proposed incentive will also be applied to the lower QCC and
Solicitation Rebate volume tiers (in addition to the highest volume
tier). Furthermore, Members will be able to qualify for the proposed
incentive by achieving less stringent Priority Customer Complex Tiers
in Section 4. Specifically, the Exchange proposes that Members will
receive an additional rebate of $0.01 per originating contract side on
Solicited Orders that qualify for the QCC and Solicitation Rebate
program if they achieve Priority Customer Complex Tier 2 or higher in a
given month (the ``note & incentive'').
    The note & incentive will be applied to all of the QCC and
Solicitation Rebate volume tiers except for the lowest tier (for which
the Exchange does not currently provide a QCC and Solicitation Rebate).
This additional rebate opportunity will be cumulative of the base
rebates so that qualifying Members could receive up to $0.06 in the
second QCC and Solicitation Rebate volume tier, $0.08 in the third
tier, $0.10 in the fourth tier, $0.11 in the fifth tier, and $0.13 in
the sixth and highest tier (i.e., the $0.11 base rebate, the $0.01 note
* incentive, and the $0.01 note & incentive).
    While structured similarly to the existing note * incentive, the
proposed incentive will be less stringent in that it will require
Members to send a lower amount of Solicited Order and complex order
volume in order to qualify for the incentive. As such, the proposed
note & incentive may be more readily accessible to Members. If more
Members find this rebate is accessible to them, then more will seek to
qualify for it by sending Solicited Order and complex order flow to the
Exchange.
Existing QCC and Solicitation Incentive
    As described above, the Exchange currently offers the $0.01 note *
incentive to qualifying Members if they achieve in a given month: (i)
Combined Solicited Order volume of more than 1,750,000 originating
contract sides and (ii) Priority Customer Complex Tiers 6-9 in Section
4. When the Exchange adopted the note * incentive in 2019, there were
only nine Priority Customer Complex Tiers in Section 4.\10\ The
Exchange has since amended its Pricing Schedule to adopt Priority
Customer Complex Tier 10, and now proposes to update the existing
Priority Customer Complex Tier qualification in the note * incentive
accordingly.\11\ As amended, the qualification will require Members to
achieve Priority Customer Complex Tier 6 or higher. The amended
qualification will therefore include Priority Customer Complex Tier 10
while also giving the Exchange flexibility to accommodate any similar
changes to its Priority Customer Complex Tiers going forward. The
Exchange notes that no Member is

currently achieving both Priority Customer Complex Tier 10 and combined
Solicited Order volume of more than 1,750,000 originating contract
sides to receive the $0.01 additional incentive, so expects that the
proposed changes will have minimal impact.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 85647 (April 15,
2019), 84 FR 16300 (April 18, 2019) (SR-ISE-2019-09) (the ``2019
Filing'').
    \11\ See Securities Exchange Act Release No. 90501 (November 24,
2020), 85 FR 77328 (December 1, 2020) (SR-ISE-2020-39) (the ``2020
Filing'').
---------------------------------------------------------------------------

Technical Amendment
    The Exchange proposes a minor, technical amendment in note 16 of
Options 7, Section 4, which currently describes the Priority Customer
Complex Tiers, to add a reference to Affiliated Entity \12\ within the
note's first sentence. The proposed change will simply align the note's
language with corresponding language presently in the header of the
Priority Customer complex rebates table.
---------------------------------------------------------------------------

    \12\ An ``Affiliated Entity'' is a relationship between an
Appointed Market Maker and an Appointed OFP for purposes of
qualifying for certain pricing specified in the Schedule of Fees.
Market Makers and OFPs are required to send an email to the Exchange
to appoint their counterpart, at least 3 business days prior to the
last day of the month to qualify for the next month. The Exchange
will acknowledge receipt of the emails and specify the date the
Affiliated Entity is eligible for applicable pricing, as specified
in the Schedule of Fees. Each Affiliated Entity relationship will
commence on the 1st of a month and may not be terminated prior to
the end of any month. An Affiliated Entity relationship will
terminate after a one (1) year period, unless either party
terminates earlier in writing by sending an email to the Exchange at
least 3 business days prior to the last day of the month to
terminate for the next month. Affiliated Entity relationships must
be renewed annually by each party sending an email to the Exchange.
Affiliated Members may not qualify as a counterparty comprising an
Affiliated Entity. Each Member may qualify for only one (1)
Affiliated Entity relationship at any given time.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\13\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\14\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees, and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange's proposed changes to its Pricing Schedule are
reasonable in several respects. As a threshold matter, the Exchange is
subject to significant competitive forces in the market for options
securities transaction services that constrain its pricing
determinations in that market. The fact that this market is competitive
has long been recognized by the courts. In NetCoalition v. Securities
and Exchange Commission, the D.C. Circuit stated as follows: ``[n]o one
disputes that competition for order flow is `fierce.' . . . As the SEC
explained, `[i]n the U.S. national market system, buyers and sellers of
securities, and the broker-dealers that act as their order-routing
agents, have a wide range of choices of where to route orders for
execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .'' \15\
---------------------------------------------------------------------------

    \15\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
---------------------------------------------------------------------------

    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \16\
---------------------------------------------------------------------------

    \16\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
---------------------------------------------------------------------------

    Numerous indicia demonstrate the competitive nature of this market.
For example, clear substitutes to the Exchange exist in the market for
options security transaction services. The Exchange is only one of
sixteen options exchanges to which market participants may direct their
order flow. Within this environment, market participants can freely and
often do shift their order flow among the Exchange and competing venues
in response to changes in their respective pricing schedules. As such,
the proposal represents a reasonable attempt by the Exchange to
increase its liquidity and market share relative to its competitors.
New QCC and Solicitation Incentive
    The Exchange believes that its proposal to provide Members with an
additional incentive of $0.01 per originating contract side on
Solicited Orders that qualify for the QCC and Solicitation Rebate
program if they achieve Priority Customer Complex Tier 2 or higher in a
given month is reasonable because this incentive is intended to
encourage Members to send more Solicited Order and complex order flow
to the Exchange. As discussed above, the proposed note & incentive is
similar to the existing note * incentive, except the proposed incentive
will be less stringent in that it will require Members to send a lower
amount of Solicited Order and complex order volume in order to qualify
for the incentive. As such, the proposed note & incentive may be more
readily accessible to Members. If more Members find this rebate is
accessible to them, then more will seek to qualify for it by sending
Solicited Order and complex order flow to the Exchange. All market
participants benefit from increased order interaction when more order
flow is available on ISE.
    The Exchange further believes that the proposed note & incentive is
equitable and not unfairly discriminatory because any Member may
qualify for the proposed incentive by submitting the requisite volume
of Solicited Orders and complex orders. Furthermore, the Exchange will
uniformly apply the proposed incentive to all qualifying Members.
Existing QCC and Solicitation Incentive
    The Exchange believes that the proposed changes to amend the
existing qualification in the note * incentive is reasonable for the
following reasons. First, the proposed changes would more closely align
to the Exchange's original intent in the 2019 Filing to provide the
note * incentive to qualifying Members that achieved anything above
1.000% of Total Affiliated Member or Affiliated Entity Complex Order
Volume (Excluding Crossing Orders and Responses to Crossing Orders)
calculated as a percentage of Customer Total Consolidated Volume (i.e.,
Priority Customer Complex Tiers 6-9 at the time of the 2019
Filing).\17\ The 2020 Filing amended, among other changes, the Priority
Customer Complex Tiers by adding a new Tier 10 as the highest tier and
adjusting the volume percentages in Tiers 8 and 9 accordingly.\18\ The
volume percentages in Tier 6, however, remained the same with the 2020
Filing, so even with the addition of Tier 10, corresponding changes
should have been made to the note * incentive qualifications to include
Tier 10 to align with the original intent of this incentive. Second, as
noted above, the proposed changes to include Tier 10 in the incentive
qualifications are expected to have minimal impact as no Member is
currently achieving both Priority Customer Complex Tier 10 and combined
Solicited Order volume of more than 1,750,000 originating contract

sides to receive the $0.01 additional rebate.
---------------------------------------------------------------------------

    \17\ See 2019 Filing.
    \18\ See 2020 Filing.
---------------------------------------------------------------------------

    Lastly, the Exchange believes that the proposed changes to the
existing qualification are equitable and not unfairly discriminatory
because any Member may qualify for the note * incentive by submitting
the requisite volume of Solicited Orders and complex orders. The
Exchange will apply the amended qualification to all qualifying Members
uniformly.
Technical Amendment
    The Exchange's proposal to amend note 16 in Options 7, Section 4 is
reasonable, equitable, and not unfairly discriminatory. As discussed
above, the Exchange is simply aligning the note's language
corresponding language currently in the header of the Priority Customer
complex rebates table. The Exchange believes that the proposed changes
will bring clarity and transparency to the Exchange's Pricing Schedule.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
    In terms of intra-market competition, the Exchange does not believe
that its proposal will place any category of market participant at a
competitive disadvantage. As discussed above, any Member may qualify
for the QCC and Solicitation Rebates, including the note * incentive
and the proposed note & incentive. The proposed changes are primarily
aimed at attracting greater Solicited Order and complex order flow to
the Exchange. To the extent the Exchange's proposal incentivizes
Members to bring more order flow to ISE, the Exchange believes that the
resulting additional volume and liquidity will benefit all market
participants.
    In terms of inter-market competition, the Exchange notes that it
operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive, or rebate opportunities available at
other venues to be more favorable. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
options exchanges. Because competitors are free to modify their own
fees in response, and because market participants may readily adjust
their order routing practices, the Exchange believes that the degree to
which fee changes in this market may impose any burden on competition
is extremely limited. In sum, if the changes proposed herein are
unattractive to market participants, it is likely that the Exchange
will lose market share as a result. Accordingly, the Exchange does not
believe that the proposed changes will impair the ability of Members or
competing exchanges to maintain their competitive standing in the
financial markets.

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

    No written comments were either solicited or received.

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.\19\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is: (i) Necessary or appropriate in the public
interest; (ii) for the protection of investors; or (iii) 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.
---------------------------------------------------------------------------

    \19\ 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 email to [email protected]. Please include
File Number SR-ISE-2021-21 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2021-21. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-ISE-2021-21 and should be submitted on
or before November 10, 2021.
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-22807 Filed 10-19-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 7, 2009 (Volume 74, Number 87)]
[Rules and Regulations]
[Page 21251-21254]
[DOCID:fr07my09-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1070; Directorate Identifier 2008-NM-087-AD;
Amendment 39-15893; AD 2009-09-07]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
300, -400, and -500 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Boeing Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. For all airplanes, this AD requires repetitive overhaul of
the retract actuator beam of the main landing gear (MLG). For certain
airplanes, this AD requires repetitive inspections for damage of the
retract actuator beam, and related investigative and corrective actions
if necessary. This AD results from reports of broken retract actuator
beams of the MLG and the subsequent failure of the MLG to fully
retract. We are issuing this AD to detect and correct broken retract
actuator beams of the MLG, which could cause damage to the beam arm,
hydraulic tubing, and flight control cables. Damage to the flight
control cables could result in loss of control of the airplane.

DATES: This AD is effective June 11, 2009.

    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of June 11,
2009.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207; telephone<PHONE_NUMBER>; 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: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6440; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
all Boeing Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. That NPRM was published in the Federal Register on October
8, 2008 (73 FR 58906). For all airplanes, that NPRM proposed to require
repetitive overhaul of the retract actuator beam of the main landing
gear (MLG). For certain airplanes, that NPRM proposed to require
repetitive inspections for damage of the retract actuator beam, and
related investigative and corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the commenters.

Support for the NPRM

    Boeing concurs with the contents of the NPRM.

Request To Change Overhaul Requirements

    Continental Airlines (CAL) asks that we not mandate overhaul of the
retract actuator beam using the instructions specified in the
Accomplishment Instructions of Boeing Service Bulletin 737-32A1355,
Revision 2, dated March 5, 2008. CAL states that the reason for release
of Boeing Service Bulletin 737-32A1355, Revision 2, is Boeing's concern
regarding shop process deficiencies at some repair facilities where
correct overhaul procedures were not followed. CAL finds this reasoning
detrimental to all operators that follow correct overhaul procedures at
their repair facilities.
    CAL landing gear components, including the retract actuator beams
of the left and right main landing gear, are time controlled per the
Boeing 737-300/-500 Maintenance Program and are scheduled to be
overhauled at 10-year intervals at an FAA-approved landing gear
overhaul facility. CAL also makes the following recommendations
regarding Boeing Service Bulletin 737-32A1355, Revision 2:
     The stripping of all chrome and nickel plating specified
in Step 4 of Figure 2 should be included as an option, as in the Boeing
737 Component Maintenance Manual (CMM), Section 32-00-05.
     The nital etch inspection of machined surfaces specified
only in Step 9 of Figure 2 should not be limited to machined surfaces.
     The stress relieving of the part specified in Step 10 of
Figure 2 should be an optional step, as specified in Boeing 737 CMM,
Section 32-00-05.
     The shot peening of the entire part specified in Step 12
of Figure 2 should be limited to the machined areas of the part since
the geometry of the actuator beam does not allow for effective shot
peening of the entire area.
     A caution note for arc burns associated with grounding
(similar to Step 14) should be included in Step 13 of Figure 2.
    We disagree that using the instructions specified in the
Accomplishment Instructions of Boeing Service Bulletin 737-32A1355,
Revision 2, dated March 5, 2008, to perform the overhaul of the retract
actuator beam should not be mandated. Revision 2 of Boeing Service
Bulletin 737-32A1355 references improved overhaul procedures, and those
procedures are required by this AD. However, according to the
provisions of paragraph (i) of this AD, we may approve a request for
using different overhaul procedures if the request includes data that
prove that those procedures would provide an acceptable level of
safety. We have not changed the AD in this regard.
    We acknowledge the request for changes to Boeing Service Bulletin
737-32A1355, Revision 2. At the present time, Boeing has not issued a
revised service bulletin with the changes. However, if Boeing Service
Bulletin 737-32A1355, Revision 2, is revised after issuance of this AD,
we might consider approving the revised service bulletin as an
alternative method of compliance (AMOC) with the requirements of this
AD. We have not changed the AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.

Costs of Compliance

    We estimate that this AD affects 652 airplanes of U.S. registry.
The following table provides the estimated costs for U.S. operators to
comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
        Action/airplane group            Work hours     Average labor         Parts cost             Cost per product       registered      Fleet cost
                                                        rate per hour                                                        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Overhaul for Group 1; Configurations               64             $80  None....................  $5,120, per overhaul                652      $3,338,240
 1, 2, and 3.                                                                                cycle.
Inspection for Group 1, Configuration               1              80  None....................  $80, per inspection                 525          42,000
 3.                                                                                cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    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.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

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 FAA amends Sec.  39.13 by adding the following new AD:

2009-09-07 Boeing: Amendment 39-15893. Docket No. FAA-2008-1070;
Directorate Identifier 2008-NM-087-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective June 11,
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 737-100, -200, -200C, -
300, -400, and -500 series airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from reports of broken retract actuator
beams of the main landing gear (MLG) and the subsequent failure of
the MLG to fully retract. We are issuing this AD to detect and
correct broken retract actuator beams of the MLG, which could result
in damage to the beam arm, hydraulic tubing, and flight control
cables. Damage to the flight control cables could result in loss of
control of the airplane.

Compliance

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

Inspection and Related Investigative and Corrective Actions/Overhaul

    (f) Except as provided by paragraphs (g) and (h) of this AD: At
the applicable times specified in paragraph 1.E. of Boeing Service
Bulletin 737-32A1355, Revision 2, dated March 5, 2008, inspect for
damage of the retract actuator beam of the MLG and overhaul the
retract actuator beam, as applicable, by doing all the applicable
actions specified in the Accomplishment Instructions of Boeing
Service Bulletin 737-32A1355, Revision 2, dated March 5, 2008. Do
all applicable related investigative and corrective actions before
further flight. Repeat the applicable inspection or overhaul
thereafter at the applicable time specified in paragraph 1.E. of
Boeing Service Bulletin 737-32A1355, Revision 2, dated March 5,
2008.

Exceptions to Service Information

    (g) Where Boeing Service Bulletin 737-32A1355, Revision 2, dated
March 5, 2008, specifies a compliance time after ``* * * the date on
this service bulletin,'' this AD requires compliance within the
specified compliance time after the effective date of this AD.
    (h) Boeing Service Bulletin 737-32A1355, Revision 2, dated March
5, 2008, specifies that the actions are for airplanes with new MLG
retract actuator beams that have not been overhauled having part
number (P/N) 65-46108-15 and subsequent dash numbers; and new or
overhauled MLG retract actuator beams having P/N 65-46108-14 and
previous dash numbers. However, this AD is not limited to new or
overhauled beams. This AD requires that the actions required by
paragraph (f) of this AD be done on airplanes with any MLG retract
actuator beam having those P/Ns.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM-120S,
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax (425)
917-6590; or e-mail information to 9-ANM-Seattle-ACO-AMOC-
<EMAIL_ADDRESS>    (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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
    (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

    (j) You must use Boeing Service Bulletin 737-32A1355, Revision
2, dated March 5, 2008, to do the actions required by this AD,
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington
98124-2207; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the 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/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on April 22, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-9926 Filed 5-6-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 26 (Monday, February 9, 2015)]
[Notices]
[Page 7004]
[FR Doc No: 2015-02543]

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

Coast Guard

[Docket No. USCG-2009-0973]

Random Drug Testing Rate for Covered Crewmembers

AGENCY: Coast Guard, DHS.

ACTION: Notice of minimum random drug testing rate.

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SUMMARY: The Coast Guard has set the calendar year 2015 minimum random
drug testing rate at 25 percent of covered crewmembers.

DATES: The minimum random drug testing rate is effective January 1,
2015 through December 31, 2015.
    Marine employers must submit their 2014 Management Information
System (MIS) reports no later than March 15, 2015.

ADDRESSES: Annual MIS reports may be submitted by electronic submission
to the following Internet address: http://homeport.uscg.mil/Drugtestreports.

FOR FURTHER INFORMATION CONTACT: For questions about this notice,
please contact Mr. Patrick Mannion, Drug and Alcohol Program Manager,
Office of Investigations and Casualty Analysis (CG-INV), U.S. Coast
Guard Headquarters, telephone<PHONE_NUMBER>. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Coast Guard requires marine employers to
establish random drug testing programs for covered crewmembers on
inspected and uninspected vessels in accordance with 46 CFR 16.230.
Every marine employer is required by 46 CFR 16.500 to collect and
maintain a record of drug testing program data for each calendar year,
and submit this data by 15 March of the following year to the Coast
Guard in an annual MIS report.
    Each year, the Coast Guard will publish a notice reporting the
results of random drug testing for the previous calendar year's MIS
data and the minimum annual percentage rate for random drug testing for
the next calendar year. The purpose of setting a minimum random drug
testing rate is to assist the Coast Guard in analyzing its current
approach for deterring and detecting illegal drug abuse in the maritime
industry.
    The Coast Guard announces that the minimum random drug testing rate
for calendar year 2015 is 25 percent. The Coast Guard may increase this
rate if MIS data indicates a qualitative deficiency of reported data or
the positive random testing rate is greater than 1.0 percent in
accordance with 46 CFR part 16.230(f)(2). MIS data for 2014 indicates
that the positive rate is less than one percent industry-wide (0.78
percent).
    For 2015, the minimum random drug testing rate will continue at 25
percent of covered employees for the period of January 1, 2015 through
December 31, 2015 in accordance with 46 CFR 16.230(e).

    Dated: February 3, 2015.
Jonathan C. Burton,
Captain, USCG, Director of Prevention Policy.
[FR Doc. 2015-02543 Filed 2-6-15; 8:45 am]
BILLING CODE 9110-04-P