[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Pages 42701-42704]
[FR Doc No: 2021-16565]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1181; Project Identifier MCAI-2020-01368-T;
Amendment 39-21617; AD 2021-13-12]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12 (601), and CL-
600-2B16 (601-3A, 601-3R and 604 Variants) airplanes. This AD was
prompted by reports of corrosion on the passenger door internal
structure of in-service airplanes. This AD requires revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. The FAA
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective September 9, 2021.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 9,
2021.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-866-
538-1247 or direct-dial telephone 1-514-855-2999; email
<EMAIL_ADDRESS>internet https://www.bombardier.com. You
may view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1181.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1181; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax 516-
794-5531; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2016-37, dated November 25,
2016 (also referred to as the Mandatory Continuing Airworthiness
Information, or the MCAI), to correct an unsafe condition for all
Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12 (601), and CL-
600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. You may examine
the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1181.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Bombardier, Inc.,
Model CL-600-1A11 (600), CL-600-2A12 (601), and CL-600-2B16 (601-3A,
601-3R and 604 Variants) airplanes. The NPRM published in the Federal
Register on March 17, 2021 (86 FR 14551). The NPRM was prompted by
reports of corrosion on the passenger door internal structure of in-
service airplanes caused by an accumulation of moisture under the epoxy
ramp. The NPRM proposed to require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The FAA is issuing this AD to
address corrosion on the passenger door internal structure and
consequent loss of the structural integrity of the forward passenger
door. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following Bombardier service information,
which describes new or more restrictive airworthiness limitations for
the upper latch pins of the forward passenger door. These documents are
distinct since they apply to different airplane configurations. (Note:
The asterisk (or ``one star'') with the last three digits of the task
number indicates that the task is an airworthiness limitation task.)
     Task 53-10-01-101 *, ``Upper Latch Pins of the Passenger
Door,'' of Bombardier Challenger CL-600-1A11 Time Limits/Maintenance
Checks (TLMC), Product Support Publication (PSP) 605, Revision 39,
dated January 8, 2018.
     Task 53-10-01-101 *, ``Upper Latch Pins of the Passenger
Door,'' of Bombardier Challenger CL-600-2A12 TLMC, PSP 601-5, Revision
46, dated January 8, 2018.
     Task 53-10-01-101 *, ``Upper Latch Pins of the Passenger
Door,'' of Bombardier Challenger CL-600-2B16 TLMC, PSP 601A-5, Revision
42, dated January 8, 2018.
     Task 53-20-00-188 *, ``Special Detailed Inspection of the
Upper Latch Pins of the Passenger Door,'' of Bombardier Challenger
TLMC, CH 604 TLMC, Revision 32, dated December 18, 2019.
     Task 53-20-00-188 *, ``Special Detailed Inspection of the
Upper Latch Pins of the Passenger Door,'' of Bombardier Challenger
TLMC, CH 605 TLMC, Revision 21, dated December 18, 2019.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 133 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
Since

operators incorporate maintenance or inspection program changes for
their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
agency estimates the average total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-13-12 Bombardier, Inc.: Amendment 39-21617; Docket No. FAA-
2020-1181; Project Identifier MCAI-2020-01368-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 9,
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Bombardier, Inc., Model CL-600-1A11
(600), CL-600-2A12 (601), and CL-600-2B16 (601-3A, 601-3R, and 604
Variants) airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by reports of corrosion on the passenger
door internal structure of in-service airplanes. This AD was further
prompted by a determination that new or more restrictive
airworthiness limitations are necessary. The FAA is issuing this AD
to address corrosion on the passenger door internal structure and
consequent loss of the structural integrity of the forward passenger
door.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 30 days after the effective date of this AD: Revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in the applicable time limits/
maintenance checks (TLMC) revision specified in figure 1 to
paragraph (g) of this AD. The initial compliance time for doing the
tasks is at the time specified in the TLMC, or within 30 days after
the effective date of this AD, whichever occurs later.
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[GRAPHIC] [TIFF OMITTED] TR05AU21.037

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(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (i)(1) of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York 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 responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) TCCA AD CF-2016-37, dated November 25, 2016, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2020-1181.
    (2) For more information about this AD, contact Aziz Ahmed,
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Task 53-10-01-101 *, ``Upper Latch Pins of the Passenger
Door,'' of Bombardier Challenger CL-600-1A11 Time Limits/Maintenance
Checks (TLMC), Product Support Publication (PSP) 605, Revision 39,
dated January 8, 2018.
    (ii) Task 53-10-01-101 *, ``Upper Latch Pins of the Passenger
Door,'' of Bombardier Challenger CL-600-2A12 TLMC, PSP 601-5,
Revision 46, dated January 8, 2018.
    (iii) Task 53-10-01-101 *, ``Upper Latch Pins of the Passenger
Door,'' of Bombardier Challenger CL-600-2B16 TLMC, PSP 601A-5,
Revision 42, dated January 8, 2018.
    (iv) Task 53-20-00-188 *, ``Special Detailed Inspection of the
Upper Latch Pins

of the Passenger Door,'' of Bombardier Challenger TLMC, CH 604 TLMC,
Revision 32, dated December 18, 2019.
    (v) Task 53-20-00-188 *, ``Special Detailed Inspection of the
Upper Latch Pins of the Passenger Door,'' of Bombardier Challenger
TLMC, CH 605 TLMC, Revision 21, dated December 18, 2019.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-
866-538-1247 or direct-dial telephone 1-514-855-2999; email
<EMAIL_ADDRESS>internet https://www.bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 16, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-16565 Filed 8-4-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Notices]
[Pages 64904-64906]
[FR Doc No: 2018-27279]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84805; File No. SR-NYSENAT-2018-25]

Self-Regulatory Organizations; NYSE National, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its
Schedule of Fees and Rebates

December 12, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on November 30, 2018, NYSE National, Inc. (the ``Exchange''
or ``NYSE National'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 Exchange proposes to amend its Schedule of Fees and Rebates to
adopt a new Step Up Adding Tier that would set forth fees for displayed
and non-displayed orders that add liquidity to the Exchange. The
Exchange proposes to implement the rule change on December 3, 2018. The
proposed rule change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at

the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend its Schedule of Fees and Rebates to
adopt a new Step Up Adding Tier that would set forth fees for displayed
and non-displayed orders that add liquidity to the Exchange.
    The Exchange proposes to implement the rule change on December 3,
2018.
Proposed Step Up Adding Tier
    The Exchange proposes a new Step Adding Tier for displayed and non-
displayed orders in securities priced at or above $1.00.
    Under the proposed Step Up Adding Tier, the Exchange would offer
the following fees for transactions in stocks with a per share price of
$1.00 or more when adding liquidity to the Exchange if the ETP Holder
has 0.04% or more of Adding ADV as a percent of US CADV over the ETP
Holder's Adding ADV as a % of US CADV in November 2018:
     $0.0015 per share for adding displayed orders;
     $0.0015 per share for orders that set a new Exchange BBO;
\4\
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    \4\ The term ``BBO'' is defined in Rule 1.1 to mean the best bid
or offer that is a Protected Quotation on the Exchange. The term
``BB'' means the best bid that is a Protected Quotation on the
Exchange and the term ``BO'' means the best offer that is a
Protected Quotation on the Exchange.
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     $0.0017 per share for adding non-displayed orders; and
     $0.0005 per share for MPL orders.
    For example, in a given month of 20 trading days, assume that an
ETP Holder adds liquidity of an ADV of 3.5 million shares in a month
where CADV is 7 billion shares, or 0.05% of US CADV in November 2018
(the ``Baseline'').\5\ Further assume that the ETP Holder adds
liquidity of an ADV of 7 million shares in the relevant billing month,
or 0.10% of US CADV. That ETP Holder would qualify for the proposed
Step Up Adding Tier based on their 0.05% step up as a percent of US
CADV over the ETP Holder's Baseline.
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    \5\ The Exchange also proposes non-substantive changes to Adding
Tier 1 to change the ``m'' in ``More'' to lower case and to Adding
Tiers 2, 3 and 4 to remove superfluous commas following the word
``share'' in the adding MPL fee.
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    The proposed changes are not otherwise intended to address any
other issues, and the Exchange is not aware of any problems that ETP
Holders would have in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\7\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) & (5).
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    The Exchange believes that the proposed Step Up Adding Tier fees
for ETP Holders with 0.04% or more Adding average daily volume as a
percentage of US CADV in addition to the ETP Holder's Adding ADV as a
percentage of US CADV in November 2018 is reasonable because the
proposed tier would further contribute to incentivizing ETP Holders to
bring additional order flow to a public market. In particular, the
Exchange believes that the tiered rates will provide an incentive for
more active ETP Holders that do not meet the qualification for Adding
Tiers 2, 3 and 4, which offer lower fees for adding liquidity, to add
displayed liquidity to the Exchange, to the benefit of the investing
public and all market participants. In addition, the Exchange believes
that the proposed Step Up Adding Tier fees are equitable and not
unfairly discriminatory because all similarly situated market
participants who would submit additional liquidity to the Exchange in
order to qualify for the fees would be subject to the same fees on an
equal and non-discriminatory basis. The Exchange also believes that the
proposed non-substantive changes would not be inconsistent with the
public interest and the protection of investors because investors will
not be harmed and in fact would benefit from increased clarity and
transparency, thereby reducing potential confusion.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\8\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, the Exchange believes that the proposed
changes would encourage the submission of additional liquidity to a
public exchange, thereby promoting price discovery and transparency and
enhancing order execution opportunities for ETP Holders. The Exchange
believes that this could promote competition between the Exchange and
other execution venues, including those that currently offer similar
order types and comparable transaction pricing, by encouraging
additional orders to be sent to the Exchange for execution. The
Exchange also believes that the proposed rule is designed to provide
the public and investors with a Schedule of Fees and Rebates that is
clear and consistent, thereby reducing burdens on the marketplace and
facilitating investor protection.
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    \8\ 15 U.S.C. 78f(b)(8).
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    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees and rebates to remain competitive with other exchanges and
with alternative trading systems that have been exempted from
compliance with the statutory standards applicable to exchanges.
Because competitors are free to modify their own fees and credits in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited. As a result of all of these considerations, the
Exchange does not believe that the proposed changes will impair the
ability of ETP Holders or competing order execution venues to maintain
their competitive standing in the financial markets.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \11\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \11\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSENAT-2018-25 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-NYSENAT-2018-25. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. 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-NYSENAT-2018-25 and should
be submitted on or before January 8, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2018-27279 Filed 12-17-18; 8:45 am]
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[Federal Register Volume 85, Number 251 (Thursday, December 31, 2020)]
[Notices]
[Page 86983]
[FR Doc No: 2020-28927]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2016-0204]

Exploring Industry Practices on Distribution and Display of
Airline Fare, Schedule, and Availability Information

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Notice of withdrawal of request for information.

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SUMMARY: The Department of Transportation (``Department'' or ``DOT'')
is withdrawing a Request for Information (``RFI'') that solicited
information on whether airline restrictions on the distribution or
display of airline flight information harm consumers and constitute an
unfair and deceptive business practice and/or an unfair method of
competition.

DATES: December 31, 2020.

FOR FURTHER INFORMATION CONTACT: Kimberly Graber and Blane A. Workie,
Office of Aviation Consumer Protection, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590, 202-366-
9342,<PHONE_NUMBER> (fax<EMAIL_ADDRESS>or
<EMAIL_ADDRESS>    Electronic Access: You can view and download related documents and
public comments by going to the website http://www.regulations.gov.
Enter the docket number DOT-OST-2016-0204 in the search field.

SUPPLEMENTARY INFORMATION: The Department issued the RFI on October 31,
2016 in response to concerns raised by certain online travel agencies
(OTAs), metasearch entities that operate flight search tools, and other
stakeholders involved in the distribution of flight information and
sale of air transportation, as well as consumer advocates and some
members of Congress regarding certain practices related to the
distribution and display of airline fare, schedule, and availability
information.\1\ The Department has also heard from airlines and other
members of Congress opposing Departmental action in this area. On
December 22, 2016, DOT extended the response date of the RFI to March
31, 2017.\2\ On March 10, 2017, the Department suspended the response
period while it evaluated next steps.\3\
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    \1\ 81 FR 75481.
    \2\ 81 FR 94021.
    \3\ 82 FR 13375.
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    The issue of airline restrictions on the distribution or display of
airline flight information on third-party travel websites is a complex
issue with far-reaching implications for consumers, airlines, ticket
agents, and the various participants in the distribution chain. The
Department recognizes that transparency is not only good for consumers
but also good for competition in the airline industry. However, the
Department also believes that airlines should be able to choose how and
where they sell their products so long as they do not engage in unfair
or deceptive practices. These two goals are not mutually exclusive. The
Department does not consider its involvement at this time to be
necessary to prevent unfair, deceptive, or anticompetitive practices.
As such, the Department has decided to withdraw the RFI.

    Issued in Washington, DC, under authority delegated in 49 CFR
1.27(n).
Christina G. Aizcorbe,
Deputy General Counsel.
[FR Doc. 2020-28927 Filed 12-30-20; 8:45 am]
BILLING CODE P


[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Notices]
[Pages 20797-20799]
[FR Doc No: 2011-8851]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64252; File No. SR-EDGA-2011-09]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule To Amend EDGA Rule
11.9 To Introduce Additional Routing Options to the Rule

April 7, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 1, 2011, the EDGA Exchange, Inc. (the ``Exchange'' or the
``EDGA'') 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 by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

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

    The Exchange proposes to amend Rule 11.9 to introduce additional
routing options to the rule. The text of the proposed rule change is
attached as Exhibit 5 and is available on the Exchange's Web site at
http://www.directedge.com, at the Exchange's principal office, on the
Commission's Web site at http://www.sec.gov, and at the Public
Reference Room of the Commission.

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

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

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

1. Purpose
    The Exchange's current list of routing options are codified in Rule
11.9(b)(3). In this filing, the Exchange proposes to amend Rule
11.9(b)(3) to add three new additional strategies.
    In Rule 11.9(b)(3), the Exchange describes that its system
(``System'') provides a variety of routing options. Routing options may
be combined with all available order types and times-in-force, with the
exception of order types and times-in-force whose terms are
inconsistent with the terms of a particular routing option. The System
will consider the quotations only of accessible markets. The term
``System routing table'' refers to the proprietary process for
determining the specific trading venues to which the System routes
orders and the order in which it routes them. The Exchange reserves the
right to maintain a different System routing table for different
routing options and to modify the System routing table at any time
without notice. The new System routing options are described in more
detail below.
    The Exchange proposes to describe the ICMT routing strategy and add
it to Rule 11.9(b)(3)(r). ICMT is a routing strategy under which an
order checks the System for available shares, then is sent to
destinations on the System routing table and then to EDGX Exchange,
Inc. (``EDGX'') as an immediate or cancel (IOC) Mid-Point Match
(``MPM'')order.\3\ If there is no liquidity at EDGX to execute at the
midpoint, the order is subsequently cancelled.
---------------------------------------------------------------------------

    \3\ EDGX Rule 11.5(c)(7) defines a Mid-Point Match (MPM) order
as an order with an instruction to execute it at the midpoint of the
NBBO. A MPM order may be a Day Order, Fill-or-Kill Order, or IOC
Order. The Exchange notes that members can send in a MPM order
directly to EDGX without routing through the EDGA platform as an
ICMT routing option.
---------------------------------------------------------------------------

    The Exchange proposes to describe the ROUQ routing strategy and add
it to Rule 11.9(b)(3)(c)(iv). ROUQ is a routing option under which an
order checks the System for available shares and then is sent to
destinations on the System routing table.
    The Exchange proposes to describe the ROUZ routing strategy and add
it to Rule 11.9(b)(3)(c)(v). ROUZ is a routing option under which an
order checks the System for available shares and then is sent to
destinations on the System routing table.
    The differences between the latter two strategies lies in the
differences in the System routing tables for the ROUQ/ROUZ strategies.
The ROUQ routing strategy goes to fewer low cost destinations than does
the ROUZ routing strategy.
    The Exchange also proposes to move the existing descriptions of
ROUE, ROUT, and ROUX into Rule 11.9(b)(3)(c)(i)-(iii), respectively.
Formerly, the descriptions were in Rules 11.9(b)(3)(c) for ROUE,
11.9(b)(3)(h) for ROUT, and 11.9(b)(3)(i) for ROUX.
    The Exchange proposes to make conforming changes to the rest of the
rule to re-letter the sections accordingly.
    The Exchange believes that the proposed introduction of these
routing options, described above, will provide market participants with
greater flexibility in routing orders, without having to develop their
own complicated routing strategies.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b)(5) of the Act'',\4\ which requires the rules of an
exchange to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest. The proposed change to introduce the routing options
described above will provide market participants with greater
flexibility in routing orders without developing complicated order
routing strategies on their own.
---------------------------------------------------------------------------

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

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

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

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

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

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

    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 \5\ and Rule 19b-4
(f)(6)(iii) thereunder.\6\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4 (f)(6) normally may
not become operative prior to 30 days after the date of filing.\7\
However, Rule 19b-4(f)(6) \8\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay so that the proposal may
become operative upon filing. The Exchange notes that waiver of this
requirement will allow the Exchange to immediately offer Exchange users
new routing strategies, and the inability to immediately offer the new
routing strategies would put the Exchange at a competitive
disadvantage. The Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest because such waiver would allow the new routing strategies to
become immediately available to

Exchange users. For this reason, the Commission designates the proposed
rule change to be operative upon filing with the Commission.\9\
---------------------------------------------------------------------------

    \7\ 17 CFR 240.19b-4(f)(6)(iii).
    \8\ Id.
    \9\ For the purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-EDGA-2011-09 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-EDGA-2011-09. 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 Room on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
EDGA-2011-09 and should be submitted on or before May 4, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-8851 Filed 4-12-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Page 95]
[FR Doc No: 2021-28378]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Statement of Organization, Functions, and Delegations of
Authority

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration's (FDA), Center for Food
Safety and Applied Nutrition (CFSAN), including its Office of the
Center Director (OCD), has modified their organizational structure. The
new organizational structure was approved by the Deputy Secretary of
Health and Human Services and effective on November 24, 2021.

FOR FURTHER INFORMATION CONTACT: Yashika Rahaman, Director, Office of
Planning, Evaluation and Risk Management, Office of Finance, Budget,
Acquisitions and Planning, FDA, 4041 Powder Mill Road, Beltsville, MD
20705-4304,<PHONE_NUMBER>.

I. Introduction

    Part D, Chapter D-B, (Food and Drug Administration), the Statement
of Organization, Functions and Delegations of Authority for the
Department of Health and Human Services (35 FR 3685, February 25, 1970,
60 FR 56606, November 9, 1995, 64 FR 36361, July 6, 1999, 72 FR 50112,
August 30, 2007, 74 FR 41713, August 18, 2009, 76 FR 45270, July 28,
2011, and 84 FR 22854, May 20, 2019) is revised to reflect FDA's
reorganization of CFSAN to elevate its OCD's International Affairs
Staff to the Office of International Engagement.
    The primary purpose of this reorganization is to establish the
Office of International Engagement (OIE) within CFSAN. With the
establishment of OIE, the current structure of the International
Affairs Staff (IAS) (currently under OCD) would dissolve and its
resources and functions absorbed into OIE. OIE (currently IAS) would
maintain its current roles and responsibilities as the Center's focal
point for engaging in international activities.
    The establishment of the proposed OIE aligns with broader
organizational initiatives and priorities due to the establishment of
the Office of Global Policy and Strategy (OGPS) and the Associate
Commissioner for Imported Food Safety in the Office of Food Policy and
Response (OFPR). OIE (currently IAS) has primary responsibility for the
Center's coordination of international engagement for all its mission
areas and coordinates with OGPS and OFPR daily. The establishment of
OIE will streamline and improve work processes for better effectiveness
and efficiency. All OIE work activities cut across Foods program
offices and agency lines and requires central coordination and support,
and OIE, by having more prominence as an Office in the Center, will
enhance this effort. Additionally, the efficiencies gained by the
reorganization aligns with HHS Strategic Goal 5: Promote Effective and
Efficient Management and Stewardship; Strategic Objective 5.1: Ensure
responsible financial management and Strategic Objective 5.2: Manage
human capital to achieve the HHS mission.
    The Food and Drug Administration's Center for Food Safety and
Applied Nutrition's Office of the Center Director and Office of
International Engagement has been restructured as follows:
    DCEA. ORGANIZATION. The Center for Food Safety and Applied
Nutrition's, Office of the Center Director is headed by the Center
Director and includes the following:

Office of the Center Director (DCEA)

    DCEO. ORGANIZATION. The Center for Food Safety and Applied
Nutrition's, Office International Engagement is headed by the Director,
Office of International Engagement, and includes the following:

Public Health and Trade Staff (DCEO1)
Regulatory Cooperation and Partnerships Staff (DCEO2)

II. Delegations of Authority

    Pending further delegation, directives, or orders by the
Commissioner of Food and Drugs, all delegations and redelegations of
authority made to officials and employees of affected organizational
components will continue in them or their successors pending further
redelegations, provided they are consistent with this reorganization.

III. Electronic Access

    This reorganization is reflected in FDA's Staff Manual Guide (SMG).
Persons interested in seeing the complete Staff Manual Guide can find
it on FDA's website at: https://www.fda.gov/AboutFDA/ReportsManualsForms/StaffManualGuides/default.htm.
    Authority: 44 U.S.C. 3101.

    Dated: October 22, 2021.
Andrea Palm,
Deputy Secretary of Health and Human Services.
[FR Doc. 2021-28378 Filed 12-30-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 76, Number 172 (Tuesday, September 6, 2011)]
[Notices]
[Pages 55067-55068]
[FR Doc No: 2011-22683]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0447]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Guidance for Industry
on Formal Dispute Resolution: Scientific and Technical Issues Related
to Pharmaceutical Current Good Manufacturing Practice

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Fax written comments on the collection of information by October
6, 2011.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0563.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Juanmanuel Vilela, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Guidance for Industry on Formal Dispute Resolution: Scientific and
Technical Issues Related to Pharmaceutical Current Good Manufacturing
Practice--(OMB Control Number 0910-0563)--Extension

    The guidance is intended to provide information to manufacturers of
veterinary and human drugs, including human biological drug products,
on how to resolve disputes of scientific and technical issues relating
to current good manufacturing practice (CGMP). Disputes related to
scientific and technical issues may arise during FDA inspections of
pharmaceutical manufacturers to determine compliance with CGMP
requirements, or during FDA's assessment of corrective actions
undertaken as a result of such inspections. The guidance provides
procedures that encourage open and prompt discussion of disputes and
lead to their resolution. The guidance describes procedures for raising
such disputes to the Office of Regulatory Affairs (ORA) and center
levels and for requesting review by the dispute resolution (DR) Panel.
    When a scientific or technical issue arises during an FDA
inspection, the manufacturer should initially attempt to reach
agreement on the issue informally with the investigator. Certain
scientific or technical issues may be too complex or time consuming to
resolve during the inspection. If resolution of a scientific or
technical issue is not accomplished through informal mechanisms prior
to the issuance of the FDA Form 483, the manufacturer can formally
request DR and can use the formal two-tiered DR process described in
the guidance.
    Tier-one of the formal DR process involves scientific or technical
issues raised by a manufacturer to the ORA and center levels. If a
manufacturer disagrees with the tier-one decision, tier-two of the
formal DR process would then be available for appealing that decision
to the DR panel.
    The written request for formal DR to the appropriate ORA unit
should be made within 30 days of the completion of an inspection, and
should include all supporting documentation and arguments for review,
as described in this document. The written request for formal DR to the
DR Panel should be

made within 60 days of receipt of the tier-one decision and should
include all supporting documentation and arguments, as described in the
following paragraphs.
    All requests for formal DR should be in writing and include
adequate information to explain the nature of the dispute and to allow
FDA to act quickly and efficiently. Each request should be sent to the
appropriate address listed in the guidance and include the following:
     Cover sheet that clearly identifies the submission as
either a request for tier-one DR or a request for tier-two DR;
     Name and address of manufacturer inspected (as listed on
FDA Form 483);
     Date of inspection (as listed on FDA Form 483);
     Date the FDA Form 483 issued (from FDA Form 483);
     Facility Establishment Identifier (FEI) Number, if
available (from FDA Form 483);
     FDA employee names and titles that conducted inspection
(from FDA Form 483);
     Office responsible for the inspection (e.g., district
office, as listed on the FDA Form 483);
     Application number if the inspection was a preapproval
inspection;
     Comprehensive statement of each issue to be resolved:
     Identify the observation in dispute:
    [cir] Clearly present the manufacturer's scientific position or
rationale concerning the issue under dispute with any supporting data.
    [cir] State the steps that have been taken to resolve the dispute,
including any informal DR that may have occurred before the issuance of
the FDA Form 483.
    [cir] Identify possible solutions.
    [cir] State expected outcome.
     Name, title, telephone and FAX number, and email address
(as available) of manufacturer contact.
    The guidance was part of the FDA initiative ``Pharmaceutical CGMPs
for the 21st Century: A Risk-Based Approach,'' which was announced in
August 2002. The initiative focuses on FDA's current CGMP program and
covers the manufacture of veterinary and human drugs, including human
biological drug products. The Agency formed the Dispute Resolution
Working Group comprising representatives from ORA, the Center for Drug
Evaluation and Research, the Center for Biologics Evaluation and
Research, and the Center for Veterinary Medicine. The working group met
weekly on issues related to the DR process and met with stakeholders in
December 2002 to seek their input.
    The guidance was initiated in response to industry's request for a
formal DR process to resolve differences related to scientific and
technical issues that arise between investigators and pharmaceutical
manufacturers during FDA inspections of foreign and domestic
manufacturers. In addition to encouraging manufacturers to use
currently available DR processes, the guidance describes the formal
two-tiered DR process explained previously. The guidance also covers
the following topics:
     The suitability of certain issues for the formal DR
process, including examples of some issues with a discussion of their
appropriateness for the DR process.
     Instructions on how to submit requests for formal DR and a
list of the supporting information that should accompany these
requests.
     Public availability of decisions reached during the DR
process to promote consistent application and interpretation of drug
quality-related regulations.
    In the Federal Register of June 20, 2011 (76 FR 35896), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. FDA received one comment. The comment was
not related to the information collection.
    FDA estimates the burden of this collection of information as
follows:

                                  Table 1--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
            Activity                 Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
Requests for Tier-One Dispute                  2               1               2              30              60
 Resolution.....................
Requests for Tier-Two Dispute                  1               1               1               8               8
 Resolution.....................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............              68
----------------------------------------------------------------------------------------------------------------
\1\There are no capital costs or operating and maintenance costs associated with this collection of information.

    Description of Respondents: Pharmaceutical manufacturers of
veterinary and human drug products and human biological drug products.
    Burden Estimate: Based on the number of requests for tier-one and
tier-two dispute resolution received by FDA since the guidance
published in January 2006, FDA estimates that approximately two
manufacturers will submit approximately two requests annually for a
tier-one DR and that there will be one appeal of these requests to the
DR Panel (request for tier-two DR). FDA estimates that it will take
manufacturers approximately 30 hours to prepare and submit each request
for a tier-one DR and approximately 8 hours to prepare and submit each
request for a tier-two DR. Table 1 of this document provides an
estimate of the annual reporting burden for requests for tier-one and
tier-two DRs.

    Dated: August 31, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-22683 Filed 9-2-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 14092-14097]
[FR Doc No: 2022-05192]

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DEPARTMENT OF TRANSPORTATION

[Docket No. PHMSA-2021-0054]

Pipeline Safety: Information Collection Activities

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites comments on proposed revisions to Form PHMSA F 7000-1,
``Accident Report--Hazardous Liquid and Carbon Dioxide Pipeline
Systems,'' under Office of Management and Budget (OMB) Control No.
2137-0047; Form PHMSA F 7100.2-1, ``Annual Report for Natural and Other
Gas Transmission and Gathering Pipeline Systems,'' under OMB Control
No. 2137-0522; Form PHMSA F 7000-1.1, ``Annual Report for Hazardous
Liquid and Carbon Dioxide Pipeline Systems,'' under OMB Control No.
2137-0614; Form PHMSA F 7100.1-1, ``Annual Report for Gas Distribution

Systems,'' under OMB Control No. 2137-0629; and Forms PHMSA F 7100.1,
``Incident Report--Gas Distribution Systems,'' PHMSA F 7100.2,
``Incident Report--Gas Transmission and Gathering Systems,'' and PHMSA
F 7100.3, ``Incident Report--Liquefied Natural Gas (LNG) Facilities,''
each under OMB Control No. 2137-0635.

DATES: Interested persons are invited to submit comments on or before
May 10, 2022.

ADDRESSES: Comments may be submitted in the following ways:
    E-Gov Website: http://www.regulations.gov. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC 20590-0001.
    Hand Delivery: Room W12-140 on the ground level of DOT, West
Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m.
and 5:00 p.m., ET, Monday through Friday, except federal holidays.
    Instructions: Identify the docket number, PHMSA-2021-0054 at the
beginning of your comments. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided.
    Docket: For access to the docket or to read background documents or
comments, go to http://www.regulations.gov at any time or to Room W12-
140 on the ground level of DOT, West Building, 1200 New Jersey Avenue
SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., ET, Monday through
Friday, except federal holidays. If you wish to receive confirmation of
receipt of your written comments, please include a self-addressed,
stamped postcard with the following statement: ``Comments on: PHMSA-
2021-0054.'' The Docket Clerk will date stamp the postcard prior to
returning it to you via the U.S. mail. Please note that due to delays
in the delivery of U.S. mail to federal offices in Washington, DC, we
recommend that persons consider an alternative method (internet, fax,
or professional delivery service) of submitting comments to the docket
and ensuring their timely receipt at DOT.
    Privacy Act Statement: DOT may solicit comments from the public
regarding certain general notices. DOT posts these comments, without
edit, including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL- 14 FDMS), which can be reviewed at www.dot.gov/privacy.
    Confidential Business Information: 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 notice 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 notice, it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 CFR 190.343, you may ask
PHMSA to give confidential treatment to information you give to the
Agency by taking the following steps: (1) Mark each page of the
original document submission containing CBI as ``Confidential''; (2)
send PHMSA, along with the original document, a second copy of the
original document with the CBI deleted; and (3) explain why the
information you are submitting is CBI. Submissions containing CBI
should be sent to Angela Hill, DOT, PHMSA, 1200 New Jersey Avenue SE,
PHP-30, Washington, DC 20590-0001. Any commentary PHMSA receives that
is not specifically designated as CBI will be placed in the public
docket for this matter.

FOR FURTHER INFORMATION CONTACT: Angela Hill by telephone at 202-366-
1246, by email at [email protected], or by mail at DOT, PHMSA, 1200
New Jersey Avenue SE, PHP-30, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 1320.8(d), Title 5, Code of Federal Regulations (CFR),
requires PHMSA to provide interested members of the public and affected
entities an opportunity to comment on information collection and
recordkeeping requests. This notice identifies the proposed changes to
information collections under OMB Control Numbers 2137-0047, 2137-0522,
2137-0614, 2137-0629, and 2137-0635 that PHMSA will submit to OMB for
approval.
    Excavation damage is one of the leading causes of serious pipeline
incidents. Additionally, the consequences of these damages have the
potential to significantly impact the environment and negatively affect
communities across our Nation. In 2000, PHMSA was instrumental in
creating the Common Ground Alliance (CGA) a non-profit organization
established to help reduce damage to the underground facility
infrastructure--ensuring public safety, environmental protection, and
the reliability of utility services. In the years since, PHMSA has
continued supporting CGA efforts. In 2003, the CGA launched the Damage
Information Reporting Tool (DIRT) to collect excavation damage data,
including root cause data to identify the underlying causes of
excavation damages to underground facilities. Understanding the root
causes of excavation damage is essential to identifying measures to
prevent future damage.
    Since 2010, gas distribution pipeline operators have submitted the
number of excavation damage events on their pipelines and one-call
notices of excavation (tickets) involving their facilities to PHMSA
annually on Form PHMSA F 7100.1-1, ``Annual Report for Gas Distribution
Systems.'' PHMSA incident and accident reports were also modified in
2010 to collect excavation damage data in the format contemplated in
the CGA's DIRT. In 2015, PHMSA began collecting gas distribution annual
report excavation damage data in each of the CGA DIRT root cause
categories. In 2018, to better understand the impact of excavation
damages to people, property, and the environment, the CGA added new
questions to DIRT and expanded the number of root cause categories.
    PHMSA plans to amend its forms to continue alignment of PHMSA
submissions regarding excavation damage to pipelines with the CGA's
DIRT scheme to improve consistency and to reduce burdens on operators.
Many pipeline operators submit data to CGA DIRT, so consistency between
the DIRT and PHMSA submissions will avoid duplication of efforts by
pipeline operators. The 2018 DIRT data structure also produces more
detail about excavation damage root cause than existing PHMSA forms. By
collecting more detailed data, PHMSA and stakeholders can better
understand the gaps in current pipeline operator damage prevention
programs.
    As gas gathering, gas transmission, and hazardous liquid pipeline
systems are susceptible to excavation damage, PHMSA is proposing to
collect excavation damage data on the annual reports for these pipeline
systems. Differences among the predominant root causes by pipeline
system might indicate different preventive measures for each system
type, so these data points will be useful for PHMSA to collect.

    PHMSA also proposes miscellaneous changes to the forms and certain
instructions unrelated to excavation damage root cause. These changes
are fully described in the following paragraphs.

A. Form PHMSA F 7000-1 Accident Report--Hazardous Liquid and Carbon
Dioxide Pipeline Systems

    In Part A4 of this form, operators are instructed to enter the
earliest local time and date an accident reporting criterion was met.
In some cases, consequences occur when the pipeline system fails, but
the extent of the consequences are not known until hours, days, or
weeks later. PHMSA proposes clarifying the instructions to ensure the
form collects the time consequences occurred rather than the time
operators fully documented the extent of the consequences.
    In Part C3 of this form, operators report the type of item that
failed. When a breakout tank weld fails, operators select ``onshore
breakout tank or storage vessel'' in Part A14 and ``weld'' in Part C3,
but are currently unable to enter additional data about the breakout
tank in Part C3, sections u and v.
    PHMSA proposes to require the collection of breakout tank data in
Part C3, sections u and v, for reports where A14, describing the part
of the system involved in the accident, is ``Onshore Breakout Tank or
Storage Vessel.'' This change would provide stakeholders with data
about the breakout tank regardless of the item that failed on the
breakout tank.
    In Part G3 of this report, operators enter data when the cause of
the accident is excavation damage. Currently, PHMSA instructs operators
to submit data about exemptions to one-call laws only when the sub-
cause of an accident is third-party excavation damage. PHMSA proposes
collecting state law exemption data when any sub-cause within
excavation damage is selected. This change would improve PHMSA's
ability to identify instances where state law exemptions contributed to
the excavation damage accident no matter which party (first, second, or
third) was excavating.
    PHMSA believes that the current time estimated for excavation
damage information collection provides sufficient time for affected
operators to include the newly required information. PHMSA does not
expect operators to incur additional burden due to these revisions.

B. Form PHMSA F 7100.2-1 Annual Report for Natural and Other Gas
Transmission and Gathering Pipeline Systems

    PHMSA proposes adding a new part to this form to collect the number
of one-call tickets and the number of excavation damage events in each
CGA DIRT root cause category. Data for gas transmission and gas
gathering pipelines would be reported separately.

C. Form PHMSA F 7000-1.1 Annual Report for Hazardous Liquid and Carbon
Dioxide Pipeline Systems

    PHMSA proposes adding a new part to this form to collect the number
of one-call tickets and the number of excavation damage events in each
CGA DIRT root cause category.
    PHMSA proposes modifying Part J, ``Miles of Pipe by Specified
Minimum Yield Strength,'' to include columns for pipe segments that are
required to meet some, but not all, of the 49 CFR part 195
requirements. Specifically, PHMSA proposes adding a column for miles
regulated under Sec.  195.11 and a column for miles regulated under
Sec.  195.12. These changes promote consistency within the report since
miles regulated under Sec. Sec.  195.11 and 195.12 are reported in
Parts H and I of this form.

D. Form PHMSA F 7100.1-1 Annual Report for Gas Distribution Systems

    PHMSA proposes replacing the CGA DIRT root cause categories
currently in this form with the 2018 CGA DIRT root cause categories.
    PHMSA proposes removing Part E pertaining to the number of excess
flow valves (EFVs) and manual service line shut-off valves. In 2010,
after the conclusion of an EFV rulemaking, PHMSA added the number of
EFVs installed during the year and the total number of EFVs in the
system. Also, PHMSA added the number of shut-off valves installed
during the year and the total number of shut-off valves in the system
as part of the 2016 final rule, ``Expanding the Use of Excess Flow
Valves in Gas Distribution Systems to Applications Other Than Single-
Family Residences'' (Docket PHMSA-2011-0009). PHMSA's primary
motivation for collecting the number of EFVs and shut-off valves on the
annual report was to support PHMSA and state partner inspector efforts
to assess compliance with the EFV rules. Based on feedback from
inspectors, PHMSA has determined that operators' annual reporting of
the number of EFVs and shut-off valves is not helpful for determining
compliance. Inspectors have been determining compliance by observing
construction practices and reviewing specific installation records.
When gas distribution incidents occur, PHMSA collects data about EFVs
and shut-off valves specific to the incident location. The collection
of data in the incident report provides additional opportunities for
inspectors to assess operator compliance with the EFV rulemakings.
PHMSA has determined that it no longer needs to collect EFV and shut-
off valve data in Part E of the annual report.

E. Form PHMSA F 7100.1 Incident Report--Gas Distribution Systems

    In Part A4 of this form, operators are instructed to enter the
earliest local time and date an incident reporting criterion was met.
In some cases, consequences occur when the pipeline system fails, but
the extent of the consequences are not known until hours, days, or
weeks later. PHMSA proposes clarifying the instructions to ensure the
form collects the time consequences occurred rather than the time
operators fully documented the extent of the consequences.
    The term ``confirmed discovery'' is defined in Sec.  191.3. PHMSA
proposes adding the local time and date of ``confirmed discovery'' in
Part A of this form. This data would enhance the ability of PHMSA and
stakeholders to assess operator compliance with PHMSA incident
reporting regulations.
    In Part G3 of this form, operators enter data when the cause of the
incident is excavation damage. Currently, PHMSA instructs operators to
submit data about exemptions to one-call laws only when the sub-cause
is third party excavation damage. PHMSA proposes collecting state law
exemption data when any sub-cause within excavation damage is selected.
This change would improve PHMSA's ability to identify instances where
state law exemptions contributed to the excavation damage incident no
matter which party (first, second, or third) was excavating.
    PHMSA proposes adding questions from the 2018 edition of the CGA
DIRT and replacing the root cause categories currently in the form to
match the most recent CGA DIRT root cause categories.
    PHMSA believes that the current time estimated for this information
collection provides sufficient time for affected operators to include
the newly required information. PHMSA does not expect operators to
incur additional burden due to these revisions.

F. Form PHMSA F 7100.2 Incident Report--Gas Transmission and Gathering
Systems

    PHMSA plans to change the name of this form to include pipeline
system types that currently use the form to submit incident data to
PHMSA. PHMSA proposes to change the name to ``Incident Report--Gas
Transmission, Gas Gathering, and Underground Natural Gas Storage
Facilities.''
    In Part A4 of this form, operators are instructed to enter the
earliest local time and date that an incident reporting criterion was
met. In some cases, consequences occur when the pipeline system fails,
but the extent of the consequences are not known until hours, days, or
weeks later. PHMSA proposes clarifying the instructions to ensure the
form collects the time consequences occurred rather than the time
operators fully documented the extent of the consequences.
    The term ``confirmed discovery'' is defined in Sec.  191.3. PHMSA
proposes adding the local time and date of ``confirmed discovery'' in
Part A of this form. This data would enhance the ability of PHMSA and
stakeholders to assess operator compliance with PHMSA incident
reporting regulations.
    In Part G3 of this form, operators enter data when the cause of the
incident is excavation damage. Currently, PHMSA instructs operators to
submit data about exemptions to one-call laws only when the sub-cause
is third-party excavation damage. PHMSA proposes collecting state law
exemption data when any sub-cause within excavation damage is selected.
This change would improve PHMSA's ability to identify instances where
state law exemptions contributed to the excavation damage incident no
matter which party (first, second, or third) was excavating.
    PHMSA proposes adding questions from the 2018 edition of the CGA
DIRT and replacing the root cause categories currently in the report
with the 2018 CGA DIRT root cause categories.
    PHMSA believes that the current time estimated for this information
collection provides sufficient time for affected operators to include
the newly required information. PHMSA does not expect operators to
incur additional burden due to these revisions.

G. Form PHMSA F 7100.3 Incident Report--Liquefied Natural Gas (LNG)
Facilities

    In Part A4, operators are instructed to enter the earliest local
time and date an incident reporting criterion was met. In some cases,
consequences occur when the pipeline system fails, but the extent of
the consequences are not known until hours, days, or weeks later. PHMSA
proposes clarifying the instructions to ensure the form collects the
time consequences occurred rather than the time operators fully
documented the extent of the consequences.
    The term ``confirmed discovery'' is defined in Sec.  191.3. PHMSA
proposes adding the local time and date of ``confirmed discovery'' in
Part A of this form. This data would enhance the ability of PHMSA and
stakeholders to assess operator compliance with PHMSA incident
reporting regulations.
    PHMSA believes that the current time estimated for this information
collection provides sufficient time for affected operators to include
the newly required information. PHMSA does not expect operators to
incur additional burden due to these revisions.

II. Summary of Impacted Collection

    Section 1320.8(d), Title 5, Code of Federal Regulations, requires
PHMSA to provide interested members of the public and affected agencies
an opportunity to comment on information collection and recordkeeping
requests. This notice identifies information collection requests that
PHMSA will submit to OMB for revision.
    The following information is provided for these information
collections: (1) Title of the information collection; (2) OMB control
number; (3) Current expiration date; (4) Type of request; (5) Abstract
of the information collection activity; (6) Description of affected
public; (7) Estimate of total annual reporting and recordkeeping
burden; and (8) Frequency of collection.
    PHMSA will request a 3-year term of approval for these information
collections. PHMSA requests comments on the following information:
    1. Title: Transportation of Hazardous Liquids by Pipeline: Record
Keeping and Accident Reporting.
    OMB Control Number: 2137-0047.
    Current Expiration Date: 3/31/2024.
    Type of Request: Revision.
    Abstract: This mandatory information collection covers the
recordkeeping requirements and the collection of accident data from
operators of hazardous liquid and carbon dioxide pipelines. Part 195
requires hazardous liquid operators to file an accident report as soon
as practicable, but not later than 30 days after discovery of the
accident, on DOT Form 7000-1 whenever there is a reportable accident.
With respect to accidents caused by excavation damage to a pipeline,
PHMSA is revising this information collection to require state law
exemption data when any sub-cause is selected within the excavation
damage causes. PHMSA believes that the current time estimated for this
information collection provides sufficient time for affected operators
to include the newly required information. PHMSA does not expect
operators to incur additional burden due to this revision.
    Affected Public: Operators of Hazardous Liquid and Carbon Dioxide
Pipeline Facilities.
    Annual Reporting and Recordkeeping Burden:
    Estimated number of responses: 1,644.
    Estimated annual burden hours: 53,504.
    Frequency of Collection: On occasion.
    2. Title: Annual and Incident Reports for Gas Pipeline Operators.
    OMB Control Number: 2137-0522.
    Current Expiration Date: 5/31/2024.
    Type of Request: Revision.
    Abstract: This mandatory information collection covers the
requirements for operators of natural gas pipelines, underground
natural gas storage facilities, and liquefied natural gas facilities to
submit annual and incident reports to DOT/PHMSA. Currently, PHMSA
receives an estimated 2,247 reports from operators in compliance with
these requirements resulting in an overall time burden of 71,801 hours
annually.
    Section 191.17 requires operators of underground natural gas
storage facilities, gas transmission systems, and gas gathering systems
to submit an annual report by March 15, for the preceding calendar
year. This revision includes changes to the ``Annual Report for Natural
and Other Gas Transmission and Gathering Pipeline Systems'' to collect
data on excavation damages. Each year, gas transmission operators
submit an estimated 1,440 annual reports to PHMSA. The current
estimated burden for each annual report is 47 hours for an overall
reporting burden of 67,680 hours [47 hours x 1,440 reports]. Because
gas transmission operators are new to collecting and submitting data on
excavation damages, PHMSA estimates that it will take the estimated
1,440 respondents a one-time effort of 18 hours, per operator, to
update their systems to accommodate the new data request. This will
result in operators incurring a one-time burden of 25,920 hours [18
hours x 1,440 reports]. PHMSA expects that it will take gas
transmission operators an additional hour, annually, to include the
newly requested excavation damage data in their annual report
submission. Therefore, over the course of the three-year approval for
the information collection, the average time increase to

the gas transmission annual report burden will be 7 hours [(18 hours +
3 hours)/3] each year--resulting in the annual time burden to increase
from 47 hours to 54 hours per report. This will result in an overall
burden increase of 10,080 hours [7 hours x 1,440 reports] due to this
revision. The total annual burden for submitting the gas transmission
annual report will be 77,760 hours [54 hours x 1,440 reports]. Based on
the annual burden increase of 10,080 hours for the gas transmission
annual reports, the estimated annual burden for this entire information
collection, including the annual report burden for liquefied natural
gas and underground natural gas storage operators, and the immediate
notice of incidents, will increase from 71,801 hours to 81,881 hours
[71,801 hours + 10,080].
    Affected Public: Operators of Natural Gas Pipelines, Underground
Natural Gas Storage Facilities, and Liquefied Natural Gas Facilities.
    Annual Reporting and Recordkeeping Burden:
    Estimated number of responses: 2,247.
    Estimated annual burden hours: 81,881.
    Frequency of collection: Annually and on occasion.
    3. Title: Hazardous Liquid Pipeline Operator Annual Report.
    OMB Control Number: 2137-0614.
    Current Expiration Date: 1/31/2023.
    Type of Request: Revision.
    Abstract: This mandatory information collection covers the
collection of annual report data from operators of hazardous liquid and
carbon dioxide pipelines. Part 195 requires these pipeline operators to
submit reports each year. This revision includes collecting excavation
damage data and changes to the report form to improve consistency. Each
year, hazardous liquid operators submit an estimated 475 annual reports
to PHMSA. The current estimated burden for operators to submit each
report is 19 hours for an overall annual reporting burden of 9,025
hours [19 hours x 475 reports]. Because hazardous liquid operators are
new to collecting and submitting data on excavation damages, PHMSA
estimates that it will take each of these 475 respondents a one-time
effort of 18 hours, per operator, to update their systems to
accommodate the new data request. This will result in a one-time burden
of 8,550 hours [475 responses x 18 hours]. PHMSA expects that it will
take hazardous liquid operators an additional hour, annually, to
include the newly requested excavation damage data in their annual
report submission. Therefore, over the course of the three-year
approval for the information collection, the average increase to the
annual report burden will be 7 hours [(18 hours + 3 hours)/3]. As a
result, the annual reporting burden will increase from 19 hours to 26
hours per report. This will result in an estimated annual reporting
burden of 12,350 hours [475 reports x 26 hours].
    Affected Public: Operators of Hazardous Liquid and Carbon Dioxide
Pipeline Facilities.
    Annual Reporting and Recordkeeping Burden:
    Estimated number of responses: 475.
    Estimated annual burden hours: 12,350.
    Frequency of Collection: Annually.
    4. Title: Annual Report for Gas Distribution Operators.
    OMB Control Number: 2137-0629.
    Current Expiration Date: 5/31/2024.
    Type of Request: Revision.
    Abstract: This mandatory information collection covers the
collection of data from operators of gas distribution pipeline systems
for annual reports. Section 191.17 requires operators of gas
distribution systems to submit an annual report by March 15, for the
preceding calendar year. This revision includes updating the CGA DIRT
root causes and removing data about manual service line shut-off valves
and excess flow valves. Each year, gas distribution operators submit
approximately 1,446 annual reports to PHMSA. The current estimated
burden for operators to submit each report is 17.5 hours for an overall
annual reporting burden of 25,305 hours [17.5 hours x 1,446 reports].
Because gas distribution operators are currently collecting and
submitting data on excavation damages, PHMSA estimates that these
respondents will incur a one-time effort of 9 hours, per operator, to
update their systems to accommodate the expanded data request. This
will result in a one-time burden of 13,014 hours [1,446 reports x 9
hours]. PHMSA expects that it will take gas distribution operators an
additional hour, annually, to add the newly expanded excavation damage
data to their annual report submission. Therefore, over the course of
the three-year approval for the information collection, the average
increase to the annual report burden will be 4 hours [(9 hours + 3
hours)/3] each year. As a result, the annual reporting burden will
increase from 17.5 hours to 21.5 hours per report. This will result in
an estimated annual reporting burden of 31,089 hours [1,446 reports x
21.5 hours].
    PHMSA is also revising the burden estimate to account for the
elimination of the requirement to report EFV data. PHMSA currently
estimates that it takes gas distribution operators 1.5 hours, per
report, to submit the total number of EFVs and shut-off valves
installed and maintained in each calendar year. Therefore, the burden
hour for this requirement is 2,169 hours [1.5 hours x 1,446 reports).
PHMSA is proposing to eliminate this requirement which will result in a
2,169-hour burden reduction. Based on the revisions discussed above,
the burden hour estimate for the gas distribution annual report will be
20 hours [17.5 hours (current) + 4 hours (DIRT revisions)--1.5 hours
(eliminated EFV/shut-off valve data)] for a total annual burden of
28,920 hours [20 hours x 1,446 reports].
    Affected Public: Operators of Gas Distribution Pipeline Systems.
    Annual Reporting and Recordkeeping Burden:
    Estimated number of responses: 1,446.
    Estimated annual burden hours: 28,920.
    Frequency of Collection: Annually.
    5. Title: Incident Reports for Natural Gas Pipeline Operators.
    OMB Control Number: 2137-0635.
    Current Expiration Date: 5/31/2024.
    Type of Request: Revision.
    Abstract: This mandatory information collection covers the
collection of incident data from operators of gas distribution, gas
gathering, gas transmission, underground natural gas storage
facilities, and liquefied natural gas facilities. Part 191 requires
these operators to submit incident reports when certain criteria are
met. This revision includes changes to form PHMSA F 7100.1, ``Incident
Report--Gas Distribution Systems,'' to collect more state one-call law
exemption data and update the CGA DIRT questions. In the ``Incident
Report--Gas Transmission and Gathering Systems'' form, this revision
includes changing the name of the form, collecting more state one-call
law exemption data, and updating the CGA DIRT questions. In all three
incident reports, this revision includes collecting the local time and
date of ``confirmed discovery.'' PHMSA does not expect operators to
incur additional time due to these revisions. PHMSA expects the current
time estimated for this information collection to be sufficient for
affected operators to include the newly required information.
    Affected Public: Gas Pipeline Operators and Operators of
Underground Natural Gas and Liquefied Natural Gas Facilities.
    Annual Reporting and Recordkeeping Burden:
    Estimated Number of Responses: 259.

    Estimated Annual Burden Hours: 3,108.
    Frequency of Collection: On occasion.
    Comments are invited on:
    (a) The need for the revision of these information collections for
the proper performance of the functions of the Agency, including
whether the information will have practical utility;
    (b) The accuracy of the Agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (c) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
    (d) Ways to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques.
    (e) Additional information that would be appropriate to collect to
inform the reduction in risk to people, property, and the environment
due to excavation damages.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
35, as amended; and 49 CFR 1.48.

    Issued in Washington, DC, on March 7, 2022, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-05192 Filed 3-10-22; 8:45 am]
BILLING CODE 4910-60-P