[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70328-70329]
[FR Doc No: 2010-28897]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63301; File No. SR-FICC-2010-08]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Notice of Filing of Proposed Rule Change To Eliminate Certain Cash
Adjustments Currently Processed by the MBSD

November 10, 2010.
    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 October 28, 2010, the Fixed Income Clearing Corporation (``FICC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared primarily by FICC. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The purpose of the proposed rule change is to eliminate cash
adjustments that are currently processed by the Mortgage-Backed
Securities Division (``MBSD'').

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

    In its filing with the Commission, FICC 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. FICC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\3\
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    \3\ The Commission has modified the text of the summaries
prepared by FICC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    FICC is proposing to eliminate the cash adjustments that are
currently processed by the MBSD.\4\ FICC is proposing to eliminate the
cash adjustments because they have low monetary impact and were
originally designed to address a clearance event (``significant
variance'') that no longer applies. Variance was originally established
when mortgage-backed securities were physically settled, and it was
difficult to organize physical pools into $1 million par amounts for
delivery.
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    \4\ The specific language of the proposed provision can be found
at http://www.dtcc.com/downloads/legal/rule_filings/2010/ficc/2010-08.pdf.
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    As a result of the netting of To Be Announced (``TBA'')
transactions, a participant may have a settlement obligation to another
participant with which it did not trade (``SBON Obligations''). SBON
Obligations are created in multiples of $1 million par amounts and are
assigned a uniform delivery price. Since the delivery price will differ
from the participant's original trade price, an adjustment is
calculated for the difference between the delivery price and the trade
price. This adjustment is referred to as the Settlement Balance Order
Market Differential (``SBOMD'').
    Participants notify the MBSD when they have settled their SBON
Obligations with their assigned counterparties through the Notification
of Settlement (``NOS'') process. From the information supplied by both
the delivering and receiving participants in their respective NOS, the
MBSD determines whether the securities delivered were in $1 million par
amounts or in a par amount within acceptable variance (plus or minus
$100 per million). In instances where the delivery was completed in $1
million par amounts, the MBSD takes no additional steps.
    If the delivery was cleared for a par amount within acceptable
variance, the MBSD will calculate a cash adjustment to reconcile the
difference between the original SBOMD (based on a $1 million par
amount) and what the SBOMD should have been (based on the par amount
delivered). As mortgage-backed securities migrated from physical to
electronic settlement, acceptable variance has been reduced from an
initial $50,000 per million to the current amount of $100 per million.
    FICC believes the proposed rule change is consistent with the
requirements of Section 17A of the Act \5\ and the rules and
regulations thereunder applicable to FICC because it is a deletion of a
rule that covers a process that is no longer needed and as such it
provides certainty and clarity of the clearance process at MBSD to
members.
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    \5\ 15 U.S.C. 78q-1.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    FICC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    Written comments relating to the proposed rule change have not been
solicited or received. FICC will notify the Commission of any written
comments received by FICC.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commissions Internet comment form (http://www.sec.gov/rules/sro.shtml) or send an e-mail to<EMAIL_ADDRESS>Please include File Number SR-FICC-2010-08 on the
subject line.

Paper Comments

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

All submissions should refer to File Number SR-FICC-2010-08. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549-1090, on official business days between the
hours of 10 a.m. and 3 p.m. Copies of such filings will also be
available for inspection and copying at the principal office of FICC
and on FICC's Web site at http://dtcc.com/downloads/legal/rule_filings/2010/ficc/2010-08.pdf. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-FICC-2010-08 and should be submitted on or before
December 8, 2010.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-28897 Filed 11-16-10; 8:45 am]
BILLING CODE 8011-01-P


HEXAZINONE TOLERANCE REASSESSMENT ELIGIBILITY DECISION REPORT OF THE FQPA SAFETY FACTOR COMMITTEE  5/ 15/ 02 DuPONT COMMENTS I. HAZARD IDENTIFICATION 3. Degree of Concern and Residual Uncertainties For setting the acute reference dose (ARfD) for females of childbearing age, the Agency assigned an additional 10x database uncertainty factor (UFdb) because a rabbit developmental study was unacceptable due to uncertainties in the LOEL. A UFdb factor of 10x rather than 3x was used because, based on extrapolation to the rabbit pilot NOEL of 50 mg/ kg in the previous study, it was concluded the difference between rabbits and rats may be greater than 3x.

Immediately after the HIARC report issued, the Registrant submitted a new rabbit developmental study (DuPont 7405, MRID 45677801) to the Agency. The new rabbit developmental study was conducted using current guidelines and confirmed the results of the previous rabbit developmental study. The maternal and fetal rabbit NOAEL was 50 mg/ kg/ day. The maternal and fetal LOAEL was 125 mg/ kg/ day based on weight effects, which were only slight in the fetus. A higher dose, 175 mg/ kg/ day produced severe maternal toxicity.

Once the new rabbit study is reviewed, if it is selected as the basis of the ARfD, the registrant believes the extra 10x UFdb should be removed.


[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Proposed Rules]
[Pages 16652-16654]
[FR Doc No: 2022-05874]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0286; Project Identifier AD-2021-01081-R]
RIN 2120-AA64

Airworthiness Directives; Bell Textron Canada Limited (Type
Certificate Previously Held by Bell Helicopter Textron Canada Limited)
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for Bell Textron Canada Limited (type certificate previously held by
Bell Helicopter Textron Canada Limited) Model 206L, 206L-1, 206L-3, and
206L-4 helicopters with a certain part-numbered main rotor (M/R) blade
installed under Supplemental Type Certificate (STC) SR02684LA. This
proposed AD was prompted by delamination of M/R blades. This proposed
AD would require a repetitive inspection for delamination, and
depending on the results, removing the M/R blade from service and
reporting certain information. The FAA is proposing this AD to address
the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 9,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Van Horn
Aviation, L.L.C., ATTN: Dean Rosenlof, 1510 West Drake Drive, Tempe, AZ
85283; telephone<PHONE_NUMBER>; email [email protected]. You
may view this service information at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort
Worth, TX 76177. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0286; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Peter Jarzomb, Aerospace Engineer,
Airframe Section, Los Angeles ACO Branch, Compliance & Airworthiness
Division, FAA, 3960 Paramount Blvd., Lakewood, CA 90712; telephone
(562) 627-5234; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0286; Project Identifier
AD-2021-01081-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Peter
Jarzomb, Aerospace Engineer, Airframe Section, Los Angeles ACO Branch,
Compliance & Airworthiness Division, FAA, 3960 Paramount Blvd.,
Lakewood, CA 90712; telephone<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    The FAA proposes to adopt a new AD for Bell Textron Canada Limited
(type certificate previously held by Bell Helicopter Textron Canada
Limited) Model 206L, 206L-1, 206L-3, and 206L-4 helicopters with a
certain serial-numbered M/R blade part number (P/N) 20633000-101
installed under STC SR02684LA. Testing by Van Horn Aviation, L.L.C.,
revealed the potential for delamination in M/R blade P/N 20633000-101.
Delaminations were then confirmed by inspection of in-service M/R
blades. Testing by Van Horn Aviation, L.L.C., has confirmed that the
90[deg] plies fail in spanwise tension (normal to the fiber direction)
at the inboard end of the weight receptacle near M/R blade station
186.0. Delamination then propagates outboard from M/R blade station
186.0 at the interface between the 0[deg] and 90[deg] plies. According
to Van Horn Aviation, L.L.C., fatigue testing has shown that the

delamination initiates almost immediately and progresses slowly.
Thereafter, the delamination grows more slowly in a stable, predictable
manner. The delamination has been found to develop first on the lower
surface and grow outboard from the inboard end of the weight receptacle
and forward of the balance weight pocket. After approximately 4 to 6
inches growth of the delamination on the lower surface, a similar
delamination becomes detectable on the M/R blade upper surface. Should
the delaminations continue to grow to the point of static overload, the
receptacle could depart the M/R blade.
    Accordingly, this proposed AD would require a repetitive inspection
for delamination, and depending on the results, removing the M/R blade
from service and reporting certain information. This condition, if not
addressed, could result in reduced structural integrity of the M/R
blade, excessive vibration, and subsequent loss of control of the
helicopter.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Van Horn Aviation, L.L.C., Service Bulletin Notice
No. 33000-4R3, dated November 8, 2021 (SB 33000-4R3). This service
information specifies procedures to identify ``Zone 1'' and ``Zone 2''
inspection areas, accomplish repetitive visual and tap inspections of
the zones to detect and monitor the growth of any delamination, and
depending on the results, removing the M/R blade from service and
contacting Van Horn Aviation, L.L.C.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require, at specified intervals, removing
the affected M/R blade, drawing rectangular inspection areas ``Zone 1''
and ``Zone 2'' with a permanent marker, tap inspecting the inspection
areas for delamination, marking and measuring the length of any
delamination, and depending on the results, removing the M/R blade from
service. This proposed AD would also require reporting certain
information to Van Horn Aviation, L.L.C.

Differences Between This Proposed AD and the Service Information

    This proposed AD would apply to additional M/R blades, serial
numbers A007, A008, and A009, that are not identified in SB 33000-4R3
as the FAA has determined that those serial-numbered blades are subject
to the same unsafe condition. The proposed AD would require using
certain part-numbered composite tap hammers, whereas SB 33000-4R3 does
not. SB 33000-4R3 specifies procedures to visually inspect the M/R
blade, whereas this proposed AD would not. If there is any delamination
in the upper surface inspection zone (``Zone 1''), this proposed AD
would require removing the M/R blade from service, whereas SB 33000-4R3
does not specify procedures for this condition.

Interim Action

    The FAA considers that this proposed AD could be an interim action.
The inspection reports that would be required by this AD will enable
the FAA to obtain better insight into the unsafe condition. If final
action is later identified, the FAA might consider further rulemaking.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 23 helicopters of U.S. registry. Labor rates are estimated at
$85 per work-hour. Based on these numbers, the FAA estimates the
following costs to comply with this proposed AD.
    Removing, tap inspecting, and re-installing an M/R blade would take
about 4.5 work-hours for an estimated cost of $383 per M/R blade, per
inspection cycle and up to $8,809 for the U.S. fleet per M/R blade, per
inspection cycle. Replacing an M/R blade would take about 4 work-hours
and parts would cost about $71,500 per M/R blade for a total of $71,840
per M/R blade. Reporting information to Van Horn Aviation, L.L.C.,
would take about 1 work-hour for an estimated cost of $85 per report.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:

Bell Textron Canada Limited (Type Certificate Previously Held by
Bell Helicopter Textron Canada Limited): Docket No. FAA-2022-0286;
Project Identifier AD-2021-01081-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by May 9, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bell Textron Canada Limited (type certificate
previously held by Bell Helicopter Textron Canada Limited) Model
206L, 206L-1, 206L-3, and 206L-4 helicopters, certificated in any
category, with main rotor (M/R) blade part number (P/N) 20633000-101
with serial number A007, A008, A009, or A012 through A104 inclusive
installed under Supplemental Type Certificate SR02684LA.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6210, Main Rotor
Blades.

(e) Unsafe Condition

    This AD was prompted by reports of delamination of M/R blades.
The FAA is issuing this AD to address delamination of an M/R blade
initiating in the 90[deg] plies at the lower inboard end of the
weight pocket receptacle. The unsafe condition, if not addressed,
could result in reduced structural integrity of the M/R blade,
excessive vibration, and subsequent loss of control of the
helicopter.

(f) Compliance

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

(g) Required Actions

    (1) Accomplish the actions required by paragraph (g)(2) of this
AD at the following compliance time, whichever occurs later:
    (i) Before the M/R blade accumulates 400 total hours time-in-
service (TIS) or 2,400 engine starts since initial installation on
any helicopter, whichever occurs first; or
    (ii) Within 100 hours TIS after the effective date of this AD.
    (2) Remove each M/R blade from the helicopter, place it on a
flat, stable surface, and accomplish the following:
    (i) Use a permanent marker to draw rectangular inspection ``Zone
1'' on the upper surface of the M/R blade at M/R blade stations
186.0 and 191.0, beginning 1.1 inches from the leading edge of the
M/R blade to 4.9 inches from the leading edge of the M/R blade. Draw
lines from the inboard end to the outboard end to connect each end
at 1.1 inches and 4.9 inches. Draw parallel lines from the inboard
end of the inspection zone to the outboard end of the inspection
zone, with the lines spaced 0.50 inch apart.
    Note 1 to paragraph (g)(2)(i): This note applies to paragraphs
(g)(2)(i) and (ii) of this AD. Figure 4 of Van Horn Aviation,
L.L.C., Service Bulletin Notice No. 33000-4R3, dated November 8,
2021 (SB 33000-4R3) depicts ``Zone 1'' and ``Zone 2.''
    (ii) Use a permanent marker to draw rectangular inspection
``Zone 2'' on the lower surface of the M/R blade at M/R blade
stations 186.0 and 191.0, beginning from the forward edge of the
weight receptacle pocket and extending 1 inch in the direction
towards the leading edge of the M/R blade. Draw lines from the
inboard end to the outboard end to connect each end at the weight
receptacle pocket and 1 inch forward of the weight receptacle
pocket. Draw parallel lines from the inboard end of the inspection
zone to the outboard end of the inspection zone, with the lines
spaced 0.50 inch apart.
    (iii) Using composite tap hammer Abaris Training Tap Hammer P/N
ABATH, HeatCon Tap Hammer P/N HCS1104-01, Brown Tool Composite Tap
Hammer P/N BAT-CTH8, or MATCO Tools Composite Tap Hammer P/N T4BAT-
CTH8, tap inspect the areas within ``Zone 1'' and ``Zone 2'' for any
delamination by following Tap Inspect Balance Receptacle, paragraph
A.(4) of SB 33000-4R3. Where SB 33000-4R3 specifies to mark the
location where the delamination starts, use a permanent marker.
    (iv) If there are any marks where the delamination starts,
connect the marks indicating the delamination location and measure
the length at the farthest point from the inboard end of the
inspection area.
    (v) If there is any delamination in the lower surface inspection
zone (``Zone 2'') that is 6.0 or more inches in length or if there
is any delamination in the upper surface inspection zone (``Zone
1''), before further flight, remove the M/R blade from service.
    (3) Thereafter repeat the actions required by paragraph (g)(2)
of this AD at intervals not to exceed 400 hours TIS or 2,400 engine
starts, whichever occurs first.
    (4) If there is any delamination, within 30 days after
accomplishing the actions required by paragraphs (g)(1) or (3) of
this AD, report each delamination size and location, and the total
hours TIS and total engine starts since initial installation of the
M/R blade, to Mr. Dean Rosenlof, Van Horn Aviation, L.L.C., 1510
West Drake Drive, Tempe, AZ 85283, or by email to
[email protected].

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (i)(1) of this AD. Information
may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) For more information about this AD, contact Peter Jarzomb,
Aerospace Engineer, Airframe Section, Los Angeles ACO Branch,
Compliance & Airworthiness Division, FAA, 3960 Paramount Blvd.,
Lakewood, CA 90712; telephone<PHONE_NUMBER>; email
[email protected].
    (2) For service information identified in this AD, contact Van
Horn Aviation, L.L.C., ATTN: Dean Rosenlof, 1510 West Drake Drive,
Tempe, AZ 85283; telephone<PHONE_NUMBER>; email
[email protected]. You may view this service information at
the FAA, Office of the Regional Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For information
on the availability of this material at the FAA, call (817) 222-
5110.

    Issued on March 15, 2022.
Derek Morgan,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-05874 Filed 3-23-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Notices]
[Pages 34293-34298]
[FR Doc No: 2021-13784]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92239; File No. SR-FINRA-2021-017]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to the Retirement of FINRA's Order Audit
Trail System

June 23, 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 June 17, 2021, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
filed the proposal under paragraph (f)(6) of Rule 19b-4 under the
Act,\3\ which renders the proposal effective upon receipt of this
filing by the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is filing a proposed rule change setting forth the basis for
its determination that the accuracy and reliability of the Consolidated
Audit Trail (``CAT'') meet the standards approved by the Commission in
SR-FINRA-2020-024 for purposes of eliminating the Order Audit Trail
System (``OATS'') rules in the FINRA Rule 7400 Series and FINRA Rule
4554 (Alternative Trading Systems--Recording and Reporting Requirements
of Order and Execution Information for NMS Stocks) (collectively
referred to herein as the ``OATS Rules''). The proposed rule change
also updates cross-references within FINRA rules to reflect the
elimination of the OATS Rules.
    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA and
at the Commission's Public Reference Room.

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

    In its filing with the Commission, FINRA 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. FINRA 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
    On August 14, 2020, FINRA filed with the Commission a proposed rule
change to delete the OATS Rules once members are effectively reporting
to the CAT (the ``OATS Retirement Filing'').\4\ On October 29, 2020,
FINRA filed Amendment No. 1 to the proposed rule change (``Amendment
No. 1'') and a response to the comments that were submitted on the
original filing (``Response to Comments'').\5\ On November 30, 2020,
the Commission approved the proposed rule change, as modified by
Amendment No. 1, on an accelerated basis.\6\
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    \4\ See Securities Exchange Act Release No. 89679 (August 26,
2020), 85 FR 54461 (September 1, 2020) (Notice of Filing of File No.
SR-FINRA-2020-024).
    \5\ See Letter from Lisa C. Horrigan, Associate General Counsel,
FINRA, to Vanessa Countryman, Secretary, Commission, dated October
29, 2020.
    \6\ See Securities Exchange Act Release No. 90535 (November 30,
2020), 85 FR 78395 (December 4, 2020) (Notice of Filing of Amendment
No. 1 and Order Granting Accelerated Approval of SR-FINRA-2020-024).
---------------------------------------------------------------------------

    In the OATS Retirement Filing, FINRA proposed to eliminate the OATS
Rules once members are effectively reporting to the CAT and the CAT's
accuracy and reliability meet certain standards. Specifically, FINRA
proposed that before OATS could be retired, the CAT generally must
achieve a sustained error rate for Industry Member \7\ reporting in
five categories for a period of at least 180 days of 5% or lower on a
pre-correction basis, and 2% or lower on a post-correction basis
(measured at T+5). In addition to the maximum error rates and matching
thresholds, FINRA's use of CAT Data must confirm that (i) there are no
material issues that have not been corrected, (ii) the CAT includes all
data necessary to allow FINRA to continue to meet its surveillance
obligations, and (iii) the Plan Processor is sufficiently meeting its
obligations under the CAT NMS Plan relating to the reporting and
linkage of Phase 2a Industry Member Data.
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    \7\ Unless otherwise specified, capitalized terms used in this
rule filing are defined as set forth in the CAT Compliance Rule
Series or in the National Market System Plan Governing the
Consolidated Audit Trail (the ``CAT NMS Plan'' or ``Plan'') that
FINRA and the national securities exchanges (collectively, the
``Participants'') filed with the Commission, pursuant to Section 11A
of the Exchange Act and Rule 608 of Regulation NMS thereunder. See
Securities Exchange Act Release No. 79318 (November 15, 2016), 81 FR
84696 (November 23, 2016) (``Approval Order'').
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    In the OATS Retirement Filing, FINRA explained that its review of
CAT Data and error rates would be based on data and linkages in the
initial phase of reporting (or ``Phase 2a''), which replicate the data
in OATS today and thus are most relevant for OATS retirement purposes.
Phase 2a Data includes all events and scenarios covered by OATS and
applies only to equities. FINRA will not consider options order events
or Phase 2c data and validations, which are not in OATS today, for
purposes of OATS retirement.
    As described below, FINRA has determined that the CAT meets the
accuracy and reliability standards approved by the Commission in the
OATS Retirement Filing.
(A) Maximum Error Rates
    As discussed in the OATS Retirement Filing, FINRA believes that
relevant error rates are the primary, but not the sole, metric by which
to determine the CAT's accuracy and reliability and will serve as the
baseline requirement needed before OATS can be retired. FINRA proposed
that, before OATS could be retired, the CAT would generally need to
achieve a sustained error rate for Industry Member reporting in five
categories for a period of at least 180 days of 5% or lower, measured
on a pre-correction or as-submitted basis, and 2% or lower on a post-
correction basis (measured at T+5).\8\ FINRA proposed to average the
error rates across the period, rather than require a 5% pre-correction
and 2% post-correction maximum each day for 180

consecutive days. FINRA also proposed to measure the error rates in the
aggregate, rather than on a firm-by-firm basis. Finally, FINRA proposed
to measure the error rates separately for each of the five categories,
rather than evaluate all categories in the aggregate. As noted above,
FINRA's assessment of the error rates for Industry Member reporting is
based solely on Phase 2a CAT reporting for equity events since options
orders are not included in OATS today.
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    \8\ As clarified in the OATS Retirement Filing, although FINRA
does not believe that post-correction errors need to be de minimis
before OATS can be retired, FINRA was not suggesting, with the
proposal, that 2% would meet the ultimate objective of de minimis
error rates for CAT. See CAT NMS Plan, Appendix C, note 102 (error
rates after reprocessing of error corrections are ultimately
expected to be de minimis for the CAT).
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    FINRA measured the error rates in each of the five categories
discussed below during the period from October 26, 2020 through April
26, 2021 (the ``applicable period''). FINRA commenced this period on
October 26, 2020, which was the date that Industry Members were
required to begin correcting all errors for inter-firm linkages and
exchange/TRF/ORF match validations. As discussed in the Response to
Comments, although the production environment for inter-firm linkage
and exchange/TRF/ORF match validations was open for testing as of
September 28, 2020, FINRA does not believe it would be appropriate for
the 180-day period to commence prior to the October 26, 2020 compliance
date.\9\
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    \9\ See FINRA's Response to Comments, supra note 5.
---------------------------------------------------------------------------

    Rejection Rates and Data Validations. As described in the OATS
Retirement Filing, the Plan Processor must perform certain basic data
validations,\10\ and if a record does not pass these basic data
validations, it must be rejected and returned to the CAT Reporter to be
corrected and resubmitted. FINRA proposed that over the 180-day period,
aggregate rejection rates must be no more than 5% pre-correction or 2%
post-correction across all Industry Member Reporters. FINRA has
determined that, over the applicable period, aggregate rejection rates
across all Industry Member Reporters were 0.03% pre-correction and
0.01% post-correction.
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    \10\ Appendix D of the CAT NMS Plan, Section 7.2, for example,
requires that certain file validations (e.g., file transmission and
receipt are in the correct formats, confirmation of a valid SRO-
Assigned Market Participant Identifier, etc.), and syntax and
context checks (e.g., format checks, data type checks, consistency
checks, etc.) be performed on all submitted records.
---------------------------------------------------------------------------

    Intra-Firm Linkages. As described in the OATS Retirement Filing,
the Plan Processor must be able to link all related order events from
all CAT Reporters involved in the lifecycle of an order. At a minimum,
this requirement includes the creation of an order lifecycle between
all order events handled within an individual CAT Reporter, including
orders routed to internal desks or departments with different functions
(e.g., an internal ATS). FINRA proposed that aggregate intra-firm
linkage rates across all Industry Member Reporters must be at least 95%
pre-correction and 98% post-correction. FINRA has determined that, over
the applicable period, aggregate intra-firm linkage rates across all
Industry Member Reporters were 99.97% pre-correction and 99.99% post-
correction.
    Inter-Firm Linkages. As described in the OATS Retirement Filing,
the Plan Processor must be able to create the lifecycle between orders
routed between broker-dealers. FINRA proposed that at least a 95% pre-
correction and 98% post-correction aggregate match rate be achieved for
orders routed between two Industry Member Reporters. FINRA has
determined that during the applicable period there was a 99.08% pre-
correction and 99.84% post-correction aggregate match rate for orders
routed between two Industry Member Reporters.
    Order Linkage Rates. As described in the OATS Retirement Filing, in
addition to creating linkages within and between broker-dealers, the
Plan Processor must be able to create lifecycles to link various pieces
of related orders. For example, the Plan requires linkages of order
information to create an order lifecycle from origination or receipt to
cancellation or execution. This category essentially combines all of
the order-related linkages to capture an overall snapshot of order
linkages in the CAT.\11\ FINRA proposed that there be at least a 95%
pre-correction and 98% post-correction rate for order linkages that are
required in Phase 2a. FINRA has determined that during the applicable
period there was a 99.66% pre-correction and 99.93% post-correction
rate for order linkages required in Phase 2a.\12\
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    \11\ See FINRA's Response to Comments, supra note 5.
    \12\ FINRA notes that in Phase 2a, linkage is required between
the representative street side order and the order being represented
when the representative order was originated specifically to
represent a single order (received either from a customer or another
broker-dealer) and there is: (1) An existing direct electronic link
in the firm's system between the order being represented and the
representative order, and (2) any resulting executions are
immediately and automatically applied to the represented order in
the firm's system. As set forth in the OATS Retirement Filing, while
such linkages are not required in OATS, FINRA believes that it is
appropriate to evaluate them for purposes of retiring OATS because
they represent a significant enhancement to the data currently
available in OATS and will enhance the quality of the equity audit
trail. However, FINRA also explained in the Response to Comments
that if all other proposed criteria have been met, FINRA would not
anticipate delaying OATS retirement based on Phase 2a representative
order linkage error rates alone.
    In evaluating whether the standards for OATS retirement have
been met, FINRA has determined that the error rates for the Phase 2a
representative order linkages did not have a significant negative
impact on the overall error rates for order linkages. Accordingly,
FINRA did not need to separately evaluate or exclude Phase 2a
representative order linkage rates in measuring the error rates over
the applicable period. For example, if the intra-firm linkage error
rate had been above 5% over the applicable period, FINRA would have
evaluated whether the error rate was the result of unlinked
representative orders to create an apples-to-apples comparison to
OATS.
---------------------------------------------------------------------------

    Exchange and TRF/ORF Match Rates. As described in the OATS
Retirement Filing, an order lifecycle must be created to link orders
routed from broker-dealers to exchanges and executed orders and trade
reports. FINRA proposed at least a 95% pre-correction and 98% post-
correction aggregate match rate across all equity exchanges \13\ for
orders routed from Industry Members to an exchange and, for over-the-
counter executions, the same match rate for orders linked to trade
reports. FINRA has determined that, during the applicable period, there
was a 99.51% pre-correction and 99.87% post-correction aggregate match
rate across all equity exchanges for orders routed from Industry
Members to an exchange and, for over-the-counter executions, there was
a 99.34% pre-correction and 99.53% post-correction rate for orders
linked to trade reports submitted to the FINRA Trade Reporting
Facilities and OTC Reporting Facility.
---------------------------------------------------------------------------

    \13\ See Amendment No. 1.
---------------------------------------------------------------------------

    As set forth above, the error rates for Industry Member reporting
over the applicable period were well below the maximum rates
established in the OATS Retirement Filing. FINRA also notes that the
overall post-correction error rate for Phase 2a Industry Member
reporting of 1.01% is comparable to the current overall OATS post-
correction error rate, which generally is at or slightly below 1%.
Therefore, FINRA has determined that, based on the error rates for
Industry Member reporting, the CAT Data meets the accuracy and
reliability baseline standards required for OATS retirement.
(B) FINRA's Use of CAT Data
    In the OATS Retirement Filing, FINRA stated that while error rates
are a key standardized measure in determining whether OATS retirement
is appropriate, FINRA's use of the data in the CAT also must confirm
that (i) there are no material issues that have not been corrected
(e.g., delays in the processing of data, issues with query functions,
etc.), (ii) the CAT includes all data necessary to allow FINRA to

continue to meet its surveillance obligations, and (iii) the Plan
Processor is sufficiently meeting its obligations under the CAT NMS
Plan relating to the reporting and linkage of Phase 2a Data.
    FINRA has been planning for OATS retirement for several years and
the necessary development work has been underway for some time. FINRA
also has been analyzing and testing production CAT Data for purposes of
transitioning its automated equity surveillance patterns since the
commencement of Phase 2a Industry Member reporting in June 2020 and
through subsequent CAT milestone releases. For example, in addition to
quantitative reviews, such as the error rate statistics discussed
above, FINRA has conducted a series of qualitative reviews of Industry
Member CAT Data. Such reviews include, among other things, comparing
the count and distribution of Industry Member event reporting through
CAT versus OATS (e.g., new order and execution events, and data
elements such as buy/sell/sell short codes), and reviewing results of
examinations, alert reviews, and investigations relating to the
timeliness and accuracy of Industry Member reporting. Based on such
qualitative data reviews, FINRA has concluded that Industry Member CAT
Data, in the aggregate, is a sufficient replacement for OATS for
purposes of FINRA's surveillance program.
    Today, FINRA's surveillance patterns rely on the cross-market data
model (``CMDM''), which comprises linked OATS data, equity exchange
data feeds from each of the exchanges with which FINRA has entered into
a regulatory service agreement (``RSA''), and transactions reported to
FINRA's equity trade reporting facilities. The CMDM will be retired and
replaced by a newly created surveillance data mart, the Pattern
Optimized Datamart (``POD''), which incorporates both equities and
options data. At that point, FINRA's patterns will rely on CAT Data in
POD, i.e., Plan Participant and Industry Member data reported in CAT
format and linked by CAT.\14\ FINRA notes that the Plan Participants
transitioned to reporting via the CAT technical specification as of
April 26, 2021, and full Plan Participant equities reporting and
linkage validations in accordance with the CAT specification commenced
on June 1, 2021.\15\ Successful completion of the transition to the CAT
specification for Plan Participants is a prerequisite for FINRA to
retire the CMDM and leverage CAT Data and linkages in POD for its
surveillance patterns. As of the date of this filing, FINRA has
completed all planned activities on schedule, including substantially
completing the process of integrating CAT Data into POD and
successfully running large amounts of production CAT Data for the month
of May through POD.\16\ FINRA anticipates completing additional
activities before the proposed OATS retirement date of September 1,
2021, including, e.g., planned user acceptance testing.\17\
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    \14\ FINRA's Response to Comments noted this dependency, stating
that the process of transitioning FINRA's surveillance patterns to
CAT Data necessarily includes, among other things, ingestion of all
Industry Member and Plan Participant data and linkages in CAT
format. See Response to Comments, supra note 5, at 4. The Response
to Comments further noted that the Plan Participants would be
reporting to CAT via another mechanism until April 2021.
    \15\ For example, according to the CAT Reporting Technical
Specification for Plan Participants (version 4.0.0-r4 dated April
20, 2021), additional linkage error feedback for off-exchange trade
reports was effective as of June 1, 2021. The Technical
Specifications can be found on the CAT NMS Plan website at
www.catnmsplan.com/sites/default/files/2021-04/04.20.2021-CAT-Reporting-Technical-Specifications-for-Participants-4.0.0-r4.pdf.
    \16\ FINRA notes that additional POD releases are scheduled;
however, these releases introduce minor enhancements to POD, as
opposed to significant changes that would impact the way data is
ingested or processed in POD.
    \17\ FINRA notes that user acceptance testing is the final stage
of any software development life cycle and enables actual users to
test the system to confirm that it is able to carry out the required
tasks it was designed to address in real-world situations.
---------------------------------------------------------------------------

    FINRA has performed broad analysis of its equity surveillance
patterns and has determined that all of the data required to support
the transition is available in CAT. By mapping OATS data to Industry
Member CAT Data in POD, FINRA has confirmed that CAT Data has
equivalent analogs to all data elements in OATS. In that regard, FINRA
notes that, as a Plan Participant, FINRA has been involved in CAT
development efforts to ensure that the scope and features of Industry
Member data and processed output are sufficient for FINRA's
surveillance program. These efforts include, for example, developing
and updating the Industry Member Technical Specifications and Reporting
Scenarios, conducting OATS-CAT gap analyses and validating that all
such gaps have been properly addressed, and performing OATS-to-CAT
field-level mappings.
    With respect to Plan Participant data, FINRA notes that the test
environment for Plan Participant reporting in accordance with the CAT
specification opened on February 15, 2021.\18\ Plan Participant equity
reporting in accordance with the CAT specification in the test
environment had a very high compliance rate for data ingestion and
validation, and compliance in the production environment is comparable.
In addition, starting on April 26, 2021, CAT began linking copies of
Industry Member and Plan Participant data reported via the CAT
specification in a test environment, and at that point, FINRA began its
evaluation of the quality of these linkages. Based on this review and
evaluation, FINRA believes that the linkages between Plan Participant
data and Industry Member data in CAT are comparable to the linkages
between RSA exchange data and OATS data in the CMDM today.\19\ FINRA
CAT and the Plan Participants have now met the necessary criteria for a
full cutover from the RSA specification to the CAT specification,
including, e.g., achieving comparable data ingestion validation and
inter-venue linkage rates (within a variance of under one percent)
between RSA and CAT specification submissions. Accordingly, the
Operating Committee approved the cutover from the RSA specification to
the CAT specification as the official source of Plan Participant data
as of June 1, 2021, and today, all Industry Member and Plan Participant
equities data reported via the CAT specification is linked in the CAT
production environment.
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    \18\ See, e.g., CAT Q1 2021 Quarterly Progress Report dated
April 30, 2021, available at www.catnmsplan.com/sites/default/files/2021-05/CAT-Q1-2021-QPR.pdf.
    \19\ FINRA notes that the CAT uses the same code in both the
test and production environments. Thus, FINRA believes that linkages
in the test environment are reliable indicators of linkages in the
production environment.
---------------------------------------------------------------------------

    FINRA continues to evaluate CAT Data quality, and in particular,
linkages between Industy Member and Plan Participant data, and to test
its surveillance patterns to run on CAT Data in POD. In that regard,
FINRA notes that it has followed established and time-tested processes
and protocols throughout the development process to ensure that its
patterns will perform as expected and produce the necessary output
using CAT Data following the retirement of OATS. For example, FINRA's
Software Development Lifecycle (``SDLC'') procedures govern systems
design, changes, testing and controls. The SDLC procedures are an
essential component of FINRA's operations and have been developed to
serve FINRA's unique regulatory needs and structure. Additionally,
consistent with SEC Regulation SCI, FINRA procedures include a plan of
coordination and communication with regulatory staff. By relying on
these established processes and protocols, FINRA has confidence that
the CAT Data and linkages are reliable and

sufficient to run FINRA's surveillance patterns.
    As an added measure, FINRA ran a sample of its pattern portfolio
using both OATS and production CAT Data for a short period following
implementation of additional Plan Participant linkage validations and
compared the pattern outputs. Specifically, FINRA ran several
surveillance patterns and processes against legacy-sourced data (OATS/
RSA) and against CAT-sourced data. The patterns processed end-to-end
with significant alignment and no unexplained anomalous results. Any
differences in output between a pattern run with legacy data versus CAT
Data were appropriate, given differences in pattern logic as well as
enhanced data available through CAT, e.g., representative order
linkages. FINRA believes that this sample has provided sufficient
evidence that FINRA will be able to integrate all surveillance patterns
to run on CAT Data. Based on these results, as well as the results of
its quantitative and qualitative reviews of CAT Data and successful
efforts integrating CAT Data into POD, FINRA believes that the complete
portfolio of equity surveillance patterns will be capable of consuming
CAT Data and achieving comparable (or better) output results.
    Thus, FINRA proposes to retire OATS in accordance with the schedule
set forth herein. FINRA will run its surveillance patterns for review
periods through the end of the second quarter of 2021 using OATS data
and begin using--and be fully reliant on--CAT Data for its surveillance
patterns for review periods beginning in the third quarter of 2021.
Following the retirement of OATS, FINRA expects to maintain the current
established cadence of its monthly, quarterly and semi-annual
surveillance patterns. In addition, FINRA's analytics platforms will
have access to CAT Data as soon as such data is made available to
regulators. Thus, outside of regularly scheduled surveillance pattern
runs, FINRA can perform expedited analytics, as required by market
events.
    FINRA is finalizing the development and certification of its
surveillance patterns to run on CAT Data on a rolling basis and, in
accordance with its existing SDLC procedures, will run a month's worth
of data and compare the output before certifying each pattern. For
those equity patterns that will be subject to certification after OATS
retirement, FINRA anticipates that there would be sufficient time to
identify and remediate any issues prior to running the patterns in
accordance with the current established cadence. FINRA does not
anticipate significant issues arising from additional scheduled POD
releases or in the final stages of its pattern development and
certification efforts. FINRA bases this belief on years of experience
with other large technology rollouts that have been executed in
accordance with FINRA's SDLC procedures. In such instances, recourse to
the legacy system was neither available nor required.
    On an ongoing basis following the retirement of OATS, FINRA will
conduct regular reviews to ensure confidence in the completeness and
accuracy of Industry Member reporting, along with the ability to
remediate any issues in a timely manner. Among other things, FINRA has
a robust mechanism for detecting data issues, determining which issues
are material for purposes of its surveillance program, and requesting
resubmission and/or reprocessing of data, as necessary. FINRA also (1)
performs a suite of data quality checks against data sourced from CAT
to POD and against data processed by POD for use in surveillance
patterns; (2) oversees a robust surveillance and examination compliance
program that evaluates Industry Member reporting timeliness, data
quality, and other issues and trends; (3) reviews CAT compliance
program alerts using a rapid remediation process and formal reviews, as
necessary; and (4) reviews Industry Member self-reporting and error
correction trends. FINRA believes that these practices are sufficient
for identification and timely resolution of Industry Member reporting
and data issues after OATS has been retired.
    Specifically with regard to the additional standards approved in
the OATS Retirement Filing, through its use of CAT Data to date, as
described above, FINRA believes that these standards have been
satisfied. With respect to the first factor, FINRA does not believe
that there are any material issues that have not been corrected (or
could not be corrected in the course of operation of CAT, as approved
by the Operating Committee) \20\ that would impact FINRA's ability to
incorporate and use CAT Data in FINRA's surveillance program. For
example, the Plan requires that raw unprocessed data that has been
ingested by the Plan Processor must be available to Participant
regulatory staff and the SEC prior to 12:00 p.m. Eastern Time on T+1,
and access to all iterations of processed data must be available to
Participant regulatory staff and the SEC between 12:00 p.m. Eastern
Time on T+1 and T+5.\21\ The Plan Processor also must ensure that
regulators have access to corrected and linked order data by 8:00 a.m.
Eastern Time on T+5.\22\ Additionally, after ingestion by the Central
Repository, the raw unprocessed data must be transformed into a format
appropriate for data querying and regulatory output.\23\ The user-
defined direct queries and bulk extracts must provide authorized users
with the ability to retrieve CAT Data via a query tool or language that
allows users to query all available attributes and data sources.\24\
FINRA's use of the CAT Data has not uncovered any processing delays or
other material issues impacting the availability of, and FINRA's access
to, the data.
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    \20\ FINRA notes that FINRA CAT tracks known issues relating to
Industry Member and Plan Participant reporting. See, e.g.,
catnmsplan.com/CAT-Transaction-Known-Issues-List. FINRA regularly
reviews and analyzes FINRA CAT's list of current and resolved issues
and does not believe that any of these issues would impact its
ability to incorporate and use CAT Data in its surveillance program.
    \21\ See CAT NMS Plan, Appendix D, Section 6.2.
    \22\ See CAT NMS Plan, Appendix C, Section A.2(a).
    \23\ See CAT NMS Plan, Appendix C, Section A.1(b).
    \24\ See CAT NMS Plan, Section 6.10(c).
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    With respect to the second factor, FINRA believes that the CAT
includes all data necessary for FINRA to meet its surveillance
obligations after the retirement of OATS. FINRA must ensure that the
CAT, as the single source of order and trade data, can enable FINRA to
conduct accurate and effective market surveillance in accordance with
its regulatory obligations.\25\ As noted above, Phase 2a Data includes
all events and scenarios covered by OATS and is the most relevant for
OATS retirement purposes. FINRA Rule 7440 describes the OATS
requirements for recording information, which includes information
related to the receipt or origination of orders, order transmittal, and
order modifications, cancellations and executions. Large Industry
Members and Small Industry Members that currently are reporting to OATS
were

required to submit data to the CAT for these same events and scenarios
commencing in Phase 2a. FINRA's testing, analysis and use of the CAT
Data (including integration into POD), as described above, has
confirmed that the CAT includes all data necessary for FINRA to meet
its surveillance obligations and that CAT is a reliable substitute for
OATS. In addition, based on its qualitative data reviews, FINRA has
concluded that Industry Member CAT Data, in the aggregate, is a
sufficient replacement for OATS for purposes of FINRA's surveillance
program.
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    \25\ As discussed in the OATS Retirement Filing, OATS was
originally proposed to fulfill one of the undertakings contained in
an order issued by the Commission relating to the settlement of an
enforcement action against FINRA (f/k/a National Association of
Securities Dealers, Inc. (``NASD'')) for failure to adequately
enforce its rules. See Securities Exchange Act Release No. 39729
(March 6, 1998), 63 FR 12559 (March 13, 1998) (Order Approving File
No SR-NASD-97-56) (``OATS Approval Order''); see also Securities
Exchange Act Release No. 37538 (August 8, 1996); Administrative
Proceeding File No. 3-9056 (``SEC Order''). In the OATS Approval
Order, the Commission concluded that OATS satisfied the conditions
of the SEC Order and was consistent with the Exchange Act. See 63 FR
12559, 12566-67. FINRA believes that it will continue to be in
compliance with the requirements of the SEC Order once the OATS
Rules are deleted.
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    With respect to the third factor, FINRA believes that the Plan
Processor is sufficiently meeting its obligations under the CAT NMS
Plan relating to the reporting and linkage of Phase 2a Data. As
detailed in the Implementation Plan and Quarterly Progress Reports
submitted by the Plan Participants, the Plan Processor has met its
targeted completion dates for the milestones for Phase 2a, including,
for example, production Go-Live for Equities 2a file submission and
data integrity validation (Large Industry Members and Small OATS
Reporters) on June 22, 2020; Production Go-Live for Equities 2a
Intrafirm Linkage validations on July 27, 2020; and production go-live
for firm-to-firm linkage validations for equities (Large Industry
Members and Small OATS Reporters) and exchange and TRF/ORF linkage
validations for equities (Large Industry Members and Small OATS
Reporters) on October 26, 2020.\26\
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    \26\ The Implementation Plan and Quarterly Progress Reports are
available at www.catnmsplan.com/implementation-plan.
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    Based on the foregoing, FINRA has determined that the CAT meets the
accuracy and reliability standards approved by the Commission in the
OATS Retirement Filing for purposes of eliminating the OATS Rules.
FINRA has determined to retire OATS effective September 1, 2021. Firms
must continue to report to OATS all order events that occur on or prior
to August 31, 2021. Reports submitted to OATS for order events that
occur after August 31, 2021 will be rejected. In other words, August
31, 2021 will be the last ``OATS Business Day,'' as defined under Rule
7450(b)(3), for which OATS will accept order events and perform routine
processing (including incorporation of corrections and repairs of
rejections) occurring within the normal OATS timeframe for such
activities. OATS will continue to accept reports for order events that
occur on or prior to August 31, 2021 (including, but not limited to,
late and corrected reports for such order events) through September 16,
2021. Firms must ensure that their OATS reporting is accurate and
complete for all order events that occur on or prior to August 31,
2021. The OATS Rules will be deleted from the FINRA rulebook effective
September 1, 2021.\27\
---------------------------------------------------------------------------

    \27\ Pursuant to the OATS Retirement Filing, the Commission
approved the deletion of the OATS Rules and the adoption of new
introductory language in Rule 4554 and the Rule 7400 Series to help
alert members of the status of the OATS Rules. The Exhibit 5
attached to this filing is marked to show the deletion of this
introductory language (but is not marked to show the previously
approved deletion of the OATS Rules).
    In addition, there are multiple rules throughout the FINRA
rulebook that cross-reference or otherwise incorporate some or all
of the OATS Rules. In this filing, FINRA also is proposing non-
substantive technical changes to delete or amend, as applicable,
such references to the OATS Rules.
---------------------------------------------------------------------------

    Finally, FINRA notes that as requested by the industry, FINRA has
provided transparency into the process of retiring OATS. For example,
FINRA has provided the industry with monthly status updates \28\ on (1)
the error rates in the categories discussed above, (2) FINRA's
evaluation of the non-error rate factors, (3) a general timeframe for
OATS retirement, and (4) steps for Industry Members to consider in
preparation for the retirement of OATS. Materials for these events are
available on the CAT NMS Plan website.\29\
---------------------------------------------------------------------------

    \28\ On March 18, 2021, FINRA conducted an industry webinar
addressing OATS retirement issues and informed the industry that
although a formal OATS retirement date had not yet been established,
it would be no earlier than the end of June 2021. Additional monthly
updates were held on April 15, 2021 and May 20, 2021.
    \29\ See www.catnmsplan.com/events. FINRA CAT also provides
regular updates to Industry Members regarding CAT implementation and
compliance during FINRA CAT's Weekly Industry Checkpoint and Monthly
Implementation calls. The statistics provided by FINRA CAT have also
served as a good proxy for progress toward achieving the requisite
error rates for purposes of OATS retirement.
---------------------------------------------------------------------------

    In light of the foregoing, FINRA believes that retiring OATS as of
September 1, 2021 is appropriate, particularly given the potential
risks of continuing to run OATS and CAT in parallel for an additional
period of time. Such potential risks may include, for example, on an
industry-wide basis: (1) Processing and storage capacity issues from
operating two systems (particularly in the event of extraordinary
market volume); (2) cybersecurity risks from having data flow through
two separate systems for a longer time period; (3) systems issues from
reporting infrastructure that is near end-of-life; and (4) the expense
and burden on CAT Reporters of dual reporting, particularly in the
event of systems issues requiring correction and/or resubmission of
data and competing resource priorities between OATS and CAT reporting
and repair activities.
    FINRA has filed the proposed rule change for immediate
effectiveness and has determined to retire OATS effective September 1,
2021. The implementation date of SR-FINRA-2020-024, pursuant to which
the Commission approved the deletion of the OATS Rules, and of this
proposed rule change will be September 1, 2021. FINRA will publish a
Regulatory Notice announcing this implementation date.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\30\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest, and Section 15A(b)(9) of the Act,\31\ which requires
that FINRA rules not impose any burden on competition that is not
necessary or appropriate.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78o-3(b)(6).
    \31\ 15 U.S.C. 78o-3(b)(9).
---------------------------------------------------------------------------

    FINRA has determined that the CAT accuracy and reliability
standards approved by the Commission in SR-FINRA-2020-024 have been
satisfied and it is appropriate to retire OATS, which is duplicative in
light of the implementation of CAT. Based on its testing, analysis and
use of CAT Data (including integration of CAT Data into POD), as
described above, FINRA has determined that its surveillance of market
activity will remain accurate and effective and FINRA will be able to
continue to fulfill its statutory obligation to protect investors and
the public interest after the retirement of OATS. Among other things,
FINRA has performed broad analysis of its equity surveillance patterns
and has determined that all of the data required to support the
transition is available in CAT. In addition, based on its qualitative
data reviews, FINRA has concluded that Industry Member CAT Data, in the
aggregate, is a sufficient replacement for OATS for purposes of FINRA's
surveillance program. FINRA also ran a sample of its pattern portfolio
using both OATS and production CAT Data and compared the pattern
outputs. Based on these results, as well as the results of its
quantitative and qualitative reviews of CAT Data and efforts to
integrate CAT Data into POD, FINRA believes that the complete portfolio
of equity surveillance patterns will be capable of consuming CAT Data
and

achieving comparable (or better) output results.

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. As set forth in the OATS
Retirement Filing, FINRA undertook an economic impact assessment to
analyze the regulatory need for the proposed rule change, its potential
economic impacts, including anticipated costs and benefits, and the
alternatives considered in assessing how to best meet regulatory
objectives. The economic impact assessment discussed the potential
costs and benefits associated with OATS retirement assuming that the
accuracy and reliability standards delineated in the filing were met.
As FINRA has determined that CAT meets or exceeds these standards,
FINRA does not anticipate any additional impacts from retiring OATS.

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

    The OATS Retirement Filing, pursuant to which FINRA proposed the
above-discussed accuracy and reliability standards the CAT would need
to achieve before FINRA could retire OATS, was published for comment on
September 1, 2020.\32\ Three comment letters were submitted in
response,\33\ and on October 29, 2020, FINRA responded to the comment
letters.\34\ The comment letters, as well as FINRA's response to
comments, are available on the Commission's website.
---------------------------------------------------------------------------

    \32\ See supra note 4.
    \33\ See Letters from Howard Meyerson, Managing Director,
Financial Information Forum, to Vanessa Countryman, Secretary,
Commission, dated September 22, 2020; William J. Leahey, Head of
Regulatory Compliance, Refinitiv Wealth Management, to Vanessa
Countryman, Secretary, Commission, dated September 22, 2020; and
Ellen Greene, Managing Director, Securities Industry and Financial
Markets Association, to Vanessa Countryman, Secretary, Commission,
dated September 24, 2020 (``SIFMA'').
    \34\ See supra note 5.
---------------------------------------------------------------------------

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \35\ and Rule 19b-
4(f)(6) thereunder.\36\
---------------------------------------------------------------------------

    \35\ 15 U.S.C. 78s(b)(3)(A).
    \36\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2021-017 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-FINRA-2021-017. 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 FINRA. 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-FINRA-2021-017, and should be submitted
on or before July 20, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\37\
---------------------------------------------------------------------------

    \37\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-13784 Filed 6-28-21; 8:45 am]
BILLING CODE 8011-01-P


	                  UNITED STATES OF AMERICA

	           DEPARTMENT OF TRANSPORTATION

	                   OFFICE OF THE SECRETARY

	                           WASHINGTON, D.C.

Issued by the Department of Transportation on August 5, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST 2005-22043

This serves as interim notice to the public of the action described
below, taken orally by the Department official indicated; the confirming
order or other decision document will be issued as soon as possible.

Applicant:  POLET AIRLINES (Polet)							Date Filed: August 4, 2005

Relief requested:  Exemption from 49 U.S.C. § 40109(g) to permit the
applicant to operate, on behalf of British Petroleum Exploration Alaska,
Inc. (BP Alaska), two one-way cargo charter flights, each carrying two
outsized generator trailers with parts from Birmingham, Alabama, to
Fairbanks, Alaska, on or about August 5, 2005, using its AN-124
aircraft.  The applicant stated that BP Alaska suffered a power outage
over the past weekend and requires the generating equipment as soon as
possible in order to enable the company to resume its Alaska operations.
 The applicant further stated that transport by air is the only feasible
method for delivery of the equipment, and that the cargo is too large
for transportation on U.S.-carrier aircraft.

Applicant representative: Lester Bridgeman,<PHONE_NUMBER>	        DOT
Analyst: Brian J. Hedberg,<PHONE_NUMBER>

Responsive pleadings: The applicant served its application on those U.S.
carriers operating large all-cargo aircraft.  Each carrier indicated
that it did not have aircraft available to conduct the proposed
operation, and that it had no comment or did not oppose grant of the
requested authority.

Statutory Standards:  Under 49 U.S.C. §40109(g), we may authorize a
foreign air carrier to transport commercial traffic between U.S. points
(i.e., cabotage traffic) only under limited circumstances.
Specifically, we must find that the authority is in the public interest;
that because of an emergency created by unusual circumstances not
arising in the normal course of business, U.S. air carriers holding
certificates under 49 U.S.C. §41102 cannot accommodate the traffic
involved; that all possible efforts have been made to accommodate the
traffic by using the resources of U.S. carriers; and that the authority
is necessary to avoid unreasonable hardship to the traffic involved (an
additional required finding, concerning emergency transportation during
labor disputes, was not relevant here).

	       DISPOSITION

Action:  Approved								Action date:  August 5, 2005

Effective dates of authority granted: August 5-8, 2005

Basis for approval:  We found that our action was consistent with all
the relevant criteria of 49 U.S.C. 40109(g) for the grant of an
exemption of this type, and that the grant of this authority was
required in the public interest.  Specifically, we were persuaded that
the need to move the generating equipment promptly in order to enable BP
Alaska to recover from the unexpected power outage at its facility; the
fact that the cargo could not be transported by surface; the potential
negative impact of delivery delay; and the unique, outsized nature of
the cargo; constituted an emergency not arising in the normal course of
business.  Moreover, based on the representations of the U.S. carriers,
we concluded that no U.S. carrier had aircraft available which could be
used to conduct the operation at issue here.  We also found that grant
of this authority would prevent unreasonable hardship to BP Alaska.
Finally, we found that the applicant was qualified to perform its
proposed operation.

Except to the extent exempted/waived, this authority is subject to our
standard exemption conditions (attached), and to the condition that the
applicant comply with an FAA-approved flight routing for the authorized
flight.

Action taken by:					Karan K. Bhatia

Assistant Secretary for Aviation

and International Affairs

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI 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;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

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

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

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

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

05/2004


[Federal Register: October 30, 2008 (Volume 73, Number 211)]
[Notices]
[Page 64626]
[DOCID:fr30oc08-64]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1794-DR]

Mississippi; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Mississippi (FEMA-1794-DR), dated September 22, 2008,
and related determinations.

DATES: Effective Date: October 20, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Mississippi is hereby amended to include the following
area among those areas determined to have been adversely affected by
the catastrophe declared a major disaster by the President in his
declaration of September 22, 2008.

    Issaquena County for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; for public inspection in their entirety.97.031, Cora
Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal
Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046,
Fire Management Assistance Grant; 97.048, Disaster Housing
Assistance to Individuals and Households in Presidentially Declared
Disaster Areas; 97.049, Presidentially Declared Disaster
Assistance--Disaster Housing Operations for Individuals and
Households; 97.050 Presidentially Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-25868 Filed 10-29-08; 8:45 am]

BILLING CODE 9110-23-P


[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Notices]
[Page 48836]
[FR Doc No: 2023-15955]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-2450-000]

Great Cove Solar LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Great Cove Solar LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 10, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. 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 the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: July 21, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-15955 Filed 7-27-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Notices]
[Pages 31971-31972]
[FR Doc No: 2018-14741]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2004-0489; FRL-9979-28-OAR]

Proposed Information Collection Request; Comment Request; Air
Emissions Reporting Requirements (Renewal); EPA ICR No. 2170.07, OMB
Control No. 2060-0580

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``Air Emissions
Reporting Requirements (Renewal)'' (EPA ICR No. 2170.07, OMB Control
No. 2060-0580) to the Office of Management and Budget (OMB) for review
and approval in accordance with the Paperwork Reduction Act. Before
doing so, EPA is soliciting public comments on specific aspects of the
proposed information collection as described below. This is a proposed
extension of the ICR, which is currently approved through December 31,
2018. An Agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number.

DATES: Comments must be submitted on or before September 10, 2018.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2004-0489, online using www.regulations.gov (our preferred method), by
email to [email protected], or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Marc Houyoux, Air Quality Assessment
Division, Office of Air Quality Planning and Standards, (C339-02),
Environmental Protection Agency, 109 TW Alexander Drive, RTP, NC 27711;
telephone number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: The EPA promulgated the Air Emissions Reporting
Requirements (AERR) (40 CFR part 51, subpart A) to coordinate emissions
inventory reporting requirements with existing requirements of the
Clean Air Act and 1990 Amendments. Under this reporting, 55 state and
territorial air quality agencies, including the District of Columbia,
as well as an estimated 49 local air quality agencies, must submit
emissions data every 3 years for all point, non-point, on-road mobile,
and non-road mobile sources of volatile organic compounds, oxides of
nitrogen, carbon monoxide, sulfur dioxide, particulate matter less than
or equal to 10 micrometers in diameter, particulate matter less than or
equal to 2.5 micrometers in diameter, ammonia, and lead.
    In addition, the air quality agencies must submit annually emission
data for point sources with the potential to emit at greater than
specified levels of those pollutants. The data supplied to the emission
reporting requirement is needed so that the EPA can compile and make
available a national inventory of air pollutant emissions. A
comprehensive inventory updated at regular intervals is essential to
allow the EPA to fulfill its mandate to monitor and plan for the
attainment and maintenance of the national ambient air quality
standards established for criteria pollutants.
    The number and frequency of data collection and submittal is
expected to remain the same for 2019-2021.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by
this action are generally state, territorial and local government air
quality managements programs. Tribal governments are not affected
unless they have sought and obtained treatment as state status under
the Tribal Authority Rule and on that basis, are authorized to
implement and enforce the AERR rule.
    Respondent's obligation to respond: This information is collected
under 23 U.S.C. 101; 42 U.S.C 7401-7671q, and the authority of the
AERR. This information is mandatory and, as specified, cannot be
treated as confidential by the EPA.
    Estimated number of respondents: 104 (total).
    Frequency of response: Annual.
    Total estimated burden: 58,740 hours (per year). Burden is defined
at 5 CFR 1320.03(b).

    Total estimated cost: $5,446,444 (per year), includes $116,480
annualized capital or operation & maintenance costs.
    Changes in estimates: There is no change in hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB.

    Dated: June 6, 2018.
Richard A. Wayland,
Director, Air Quality Assessment Division, Office of Air Quality
Planning and Standards.
[FR Doc. 2018-14741 Filed 7-9-18; 8:45 am]
BILLING CODE 6560-50-P