[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77152-77154]
[FR Doc No: 2012-31411]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68518; File No. SR-BX-2012-076]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
to Extension of the Exchange's Penny Pilot Program

December 21, 2012.
    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 December 20, 2012, NASDAQ OMX BX, Inc. (``Exchange'' or ``BX'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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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

    BX is filing with the Commission a proposal to: extend through June
30, 2013, the Penny Pilot Program in options classes in certain issues
(``Penny Pilot'' or ``Pilot'') and provide a procedure for replacement
of any Penny Pilot issues that have been delisted.\3\
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    \3\ The Penny Pilot was established in June 2012 and extended in
July 2012. See Securities Exchange Act Release Nos. 67256 (June 26,
2012), 77 FR 39277 (July 2, 2012) (SR-BX-2012-030) (order approving
BX option rules and establishing Penny Pilot); and 67342 (July 3,
2012), 77 FR 40666 (July 10, 2012) (SR-BX-2012-046) (notice of
filing and immediate effectiveness extending the Penny Pilot through
December 31, 2012).
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    The Exchange requests that the Commission waive the 30-day
operative delay period contained in Exchange Act Rule 19b-4(f)(6)(iii)
\4\ to the extent needed for timely industry-wide implementation of the
proposal.
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    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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    Proposed new language is italicized and proposed deleted language
is [bracketed].\5\
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    \5\ The text of the proposed rule change is available at http://nasdaqomxbx.cchwallstreet.com/, at BX's principal office, and at the
Commission's Public Reference Room.
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NASDAQ OMX BX Rules

Options Rules

* * * * *

Chapter VI Trading Systems

* * * * *

Sec. 5 Minimum Increments

    (a) The Board may establish minimum quoting increments for options
contracts traded on BX Options. Such minimum increments established by
the Board will be designated as a stated policy, practice, or
interpretation with respect to the administration of this Section
within the meaning of Section 19 of the Exchange Act and will be filed
with the SEC as a rule change for effectiveness upon filing. Until such
time as the Board makes a change in the increments, the following
principles shall apply:
    (1) If the options series is trading at less than $3.00, five (5)
cents;
    (2) If the options series is trading at $3.00 or higher, ten (10)
cents; and

    (3) For a pilot period scheduled to expire on [December 31,
2012]June 30, 2013, if the options series is trading pursuant to the
Penny Pilot program one (1) cent if the options series is trading at
less than $3.00, five (5) cents if the options series is trading at
$3.00 or higher, unless for QQQQs, SPY and IWM where the minimum
quoting increment will be one cent for all series regardless of price.
A list of such options shall be communicated to membership via an
Options Trader Alert (``OTA'') posted on the Exchange's web site.
    The Exchange may replace any pilot issues that have been delisted
with the next most actively traded multiply listed options classes that
are not yet included in the pilot, based on trading activity for the
six month period beginning June 1, 2012, and ending November 30, 2012.
The replacement issues may be added to the pilot on the second trading
day following January 1, 2013.
    (b) No Change.
* * * * *

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

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

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

1. Purpose
    The purpose of this filing is to amend Chapter VI, Section 5 to:
extend the Penny Pilot through June 30, 2013, and add a procedure for
replacing any Penny Pilot issues that have been delisted.
    Under the Penny Pilot, the minimum price variation for all
participating options classes, except for the Nasdaq-100 Index Tracking
Stock (``QQQQ''), the SPDR S&P 500 Exchange Traded Fund (``SPY'') and
the iShares Russell 2000 Index Fund (``IWM''), is $0.01 for all
quotations in options series that are quoted at less than $3 per
contract and $0.05 for all quotations in options series that are quoted
at $3 per contract or greater. QQQQ, SPY and IWM are quoted in $0.01
increments for all options series. The Penny Pilot is currently
scheduled to expire on December 31, 2012.
    The Exchange proposes to extend the time period of the Penny Pilot
through June 30, 2013, and to provide a procedure for adding classes
that have been delisted from the Penny Pilot. The Exchange proposes
that any Penny Pilot Program issues that have been delisted may be
replaced on the second trading day following January 1, 2013.\6\ The
replacement issues will be selected based on trading activity for the
six month period beginning June 1, 2012, and ending November 30,
2012.\7\
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    \6\ The Exchange is making a conforming change in Chapter VI,
Section 5 to add language regarding delisted issues that was not
inserted when the Penny Pilot was instituted on the Exchange earlier
this year. As a result, the Exchange will have exactly the same
language as used in the Penny Pilot Programs of NASDAQ Options
Market (``NOM'') and NASDAQ OMX PHLX LLC (``Phlx''), see NOM Chapter
VI, Section 5 and Phlx Rule 1034; and will have a penny pilot
delisted issues replacement procedure that is available on all other
options exchanges.
    \7\ The replacement issues will be announced to the Exchange's
membership via an Options Trader Alert (OTA) posted on the
Exchange's Web site.
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    All classes currently participating in the Penny Pilot will remain
the same and all minimum increments will remain unchanged. The Exchange
believes the benefits to public customers and other market participants
who will be able to express their true prices to buy and sell options
have been demonstrated to outweigh the potential increase in quote
traffic.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \8\ in general, and furthers the objectives of Section
6(b)(5) of the Act \9\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system. In particular, the proposed rule
change, which extends the Penny Pilot for an additional six months
through June 30, 2013, and provides a procedure for adding classes that
have been delisted from the Penny Pilot will enable public customers
and other market participants to express their true prices to buy and
sell options for the benefit of all market participants.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. To the contrary, this
proposal is pro-competitive because it allows Penny Pilot issues to be
traded on the Exchange.

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

    No written comments were either solicited or received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6)(iii) thereunder.\13\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.\14\
However, pursuant to Rule 19b-4(f)(6)(iii),\15\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because doing so will
allow the Pilot

Program to continue without interruption in a manner that is consistent
with the Commission's prior approval of the extension and expansion of
the Pilot Program and will allow the Exchange and the Commission
additional time to analyze the impact of the Pilot Program.\16\
Accordingly, the Commission designates the proposed rule change as
operative upon filing with the Commission.\17\
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    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this pre-filing requirement.
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ See Securities Exchange Act Release No. 61061 (November 24,
2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44). See
also See 15 U.S.C. 78c(f).
    \17\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    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 email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2012-076 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-BX-2012-076. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference 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. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2012-076 and should be
submitted on or before January 22, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-31411 Filed 12-28-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 30, 2010 (Volume 75, Number 60)]
[Proposed Rules]
[Page 15629-15632]
[DOCID:fr30mr10-21]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0327; Directorate Identifier 2010-CE-012-AD]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company Model 525A
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2009-24-
13, which applies to certain Cessna Aircraft Company (Cessna) Model
525A airplanes. AD 2009-24-13 currently requires you to repetitively
inspect the thrust attenuator paddle assemblies for loose and damaged
fasteners and for cracks. AD 2009-24-13 also requires you to replace
loose or damaged fasteners and replace cracked thrust attenuator
paddles found during any inspection. Since we issued AD 2009-24-13,
Cessna has developed new design thrust attenuator paddles and universal
head rivets as terminating action for the repetitive inspections.
Consequently, this proposed AD would retain the requirements of AD
2009-24-13 until replacement of both thrust attenuator paddles and the
eight countersunk fasteners with new design thrust attenuator paddles
and universal head rivets. We are proposing this AD to detect and
correct loose and damaged fasteners and cracks in the thrust attenuator
paddles, which could result in in-flight departure of the thrust
attenuator paddles. This failure could lead to rudder and elevator
damage and result in loss of control.

DATES: We must receive comments on this proposed AD by May 14, 2010.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD:
     Federal eRulemaking Portal: Go to http://
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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, KS
67277; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Internet: http:/
/www.cessna.com.

FOR FURTHER INFORMATION CONTACT: TN Baktha, Aerospace Engineer, ACE-
118W, Wichita Aircraft Certification Office (ACO), 1801 Airport Road,
Room 100, Wichita, Kansas 67209; telephone:<PHONE_NUMBER>; fax: (316)
946-4107.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include the docket

number, ``FAA-2010-0327; Directorate Identifier 2010-CE-012-AD'' at the
beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of the
proposed AD. We will consider all comments received by the closing date
and may amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive concerning this proposed AD.

Discussion

    Reports of fatigue cracks found in thrust attenuator paddles on
Cessna Model 525A airplanes caused us to issue AD 2009-24-13, Amendment
39-16105 (74 FR 62479, November 30, 2009). AD 2009-24-13 currently
requires the following on Cessna Model 525A airplanes:
     Inspect repetitively the thrust attenuator paddle
assemblies for loose and damaged fasteners and for cracks; and
     replace loose or damaged fasteners and replace cracked
thrust attenuator paddles found during any inspection.
    Four incidents of thrust attenuator paddles departing from
airplanes have been reported. In two cases, the thrust attenuator
paddles hit the rudder and caused structural damage to the rudder.
    The thrust attenuator paddles are attached to the aft fuselage. The
attachment fasteners fatigue and break.
    It is also possible that a failed thrust attenuator paddle could
depart the airplane and hit and damage the elevator.
    We considered AD 2009-24-13 an interim action while Cessna
developed a design improvement to change the attachment fasteners from
the currently used counter sunk rivets to universal head rivets. Since
we issued AD 2009-24-13, Cessna has developed new design thrust
attenuator paddles and universal head rivets to replace the old design
thrust attenuator paddle assemblies and the counter sunk fasteners.
    This condition, if not corrected, could result in in-flight
departure of the thrust attenuator paddles. This failure could lead to
rudder and elevator damage and result in loss of control.

Relevant Service Information

    We have reviewed:
     Cessna Citation Alert Service Letter ASL525A-78-01,
Revision 1, dated October 27, 2009;
     Cessna Citation Service Bulletin SB525A-78-02, dated
November 13, 2009, and
     Cessna Citation Service Bulletin SB525A-78-02, Revision 1,
dated February 5, 2010.
    Cessna Citation Alert Service Letter ASL525A-78-01 describes
procedures for inspecting and modifying the thrust attenuator paddle
assemblies.
    Cessna Citation Service Bulletin SB525A-78-02 describes procedures
for replacing the thrust attenuator paddles and attachment hardware.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This proposed AD
would supersede AD 2009-24-13 with a new AD that would retain the
requirements of AD 2009-24-13 until you replace both thrust attenuator
paddles and the eight countersunk fasteners with new design thrust
attenuator paddles and universal head rivets. This proposed AD would
require you to use the service information described previously to
perform these actions.

Costs of Compliance

    We estimate that this proposed AD would affect 136 airplanes in the
U.S. registry.
    We estimate the following costs to do the proposed inspection
(retained from AD 2009-24-13):

----------------------------------------------------------------------------------------------------------------
                                                                              Total cost per     Total cost on
                Labor cost                            Parts cost                 airplane        U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85..........  Not Applicable................               $85            $11,560
----------------------------------------------------------------------------------------------------------------

     We estimate the following costs to do any necessary installation
(retained from AD 2009-24-13) of missing/damaged fasteners that would
be required based on the results of the proposed inspection. We have no
way of determining the number of airplanes that may need this
replacement:

------------------------------------------------------------------------
                                      Parts cost for     Total cost per
            Labor cost                two fasteners         airplane
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170            $99.90            $269.90
------------------------------------------------------------------------

     We estimate the following costs to do any necessary replacement
(retained from AD 2009-24-13) of a cracked thrust attenuator paddle
that would be required based on the results of the proposed inspection.
We have no way of determining the number of airplanes that may need
this replacement:

------------------------------------------------------------------------
                                     Parts cost (per     Total cost per
            Labor cost                   paddle)            airplane
------------------------------------------------------------------------
3 work-hours x $85 per hour = $255            $1,200             $1,455
------------------------------------------------------------------------

     We estimate the following costs to do the proposed replacement of
both thrust attenuator paddles and the eight countersunk fasteners with
new design thrust attenuator paddles and universal head rivets:

----------------------------------------------------------------------------------------------------------------
                                                                              Total cost per     Total cost on
                       Labor cost                            Parts cost          airplane        U.S. operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425.....................            $3,464             $3,889           $528,904
----------------------------------------------------------------------------------------------------------------

     As determined by the manufacturer, eligible airplanes may qualify
for warranty coverage of parts and labor.

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this 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 that the proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the
regulatory evaluation, any comments received, and other information on
the Internet at http://www.regulations.gov; or in person at the Docket
Management Facility between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Office (telephone<PHONE_NUMBER>)
is located at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

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

    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]

    2. The FAA amends Sec.  39.13 by removing Airworthiness Directive
(AD) 2009-24-13, Amendment 39-16105 (74 FR 62479, November 30, 2009),
and adding the following new AD:

Cessna Aircraft Company: Docket No. FAA-2010-0327; Directorate
Identifier 2010-CE-012-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive
(AD) action by May 14, 2010.

Affected ADs

    (b) This AD supersedes AD 2009-24-13, Amendment 39-16105.

Applicability

    (c) This AD applies to Model 525A airplanes, serial numbers 0001
through 0244, that are certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 72: Engine.

Unsafe Condition

    (e) This AD results from reports of fatigue cracks found in
thrust attenuator paddles on Cessna Model 525A airplanes. We are
issuing this AD to detect and correct loose and damaged fasteners
and cracks in the thrust attenuator paddles, which could result in
in-flight departure of the thrust attenuator paddles. This failure
could lead to rudder and elevator damage and result in loss of
control.

Compliance

    (f) To address this problem, you must do the following, unless
already done:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Visually inspect the      Within the next 60    Follow Cessna
 left and right thrust         days after December   Citation Alert
 attenuator paddle             15, 2009 (the         Service Letter
 assemblies to determine if    effective date of     ASL525A-78-01,
 there are any missing,        AD 2009-24-13) or     Revision 1, dated
 loose, or damaged fasteners   within the next 30    October 27, 2009.
 and to determine if there     hours time-in-
 are any cracks in the         service (TIS) after
 paddle.                       December 15, 2009
                               (the effective date
                               of AD 2009-24-13),
                               whichever occurs
                               first. Repetitively
                               inspect thereafter
                               at intervals not to
                               exceed 150 hours
                               TIS.
(2) If you do not find any    Before further        Follow Cessna
 cracks in the thrust          flight after the      Citation Alert
 attenuator paddles during     inspection required   Service Letter
 any inspection required in    in paragraph (f)(1)   ASL525A-78-01,
 paragraph (f)(1) of this      of this AD.           Revision 1, dated
 AD, install any missing       Continue with the     October 27, 2009.
 fasteners, and replace any    repetitive
 loose or damaged fasteners.   inspections
                               specified in
                               paragraph (f)(1) of
                               this AD.
(3) If cracks are found       Before further        Follow Cessna
 during any inspection         flight after the      Citation Alert
 required in paragraph         inspection required   Service Letter
 (f)(1) of this AD, do a       in paragraph (f)(1)   ASL525A-78-01,
 surface eddy current          of this AD in which   Revision 1, dated
 inspection of the thrust      cracks are found.     October 27, 2009.
 attenuator paddles and the
 fastener hole(s) to
 determine the length of the
 cracks(s).

(4) If the cracks identified  (i) If the            Follow Cessna
 in paragraph (f)(3) of this   conditions of         Citation Alert
 AD meet or exceed the         paragraph 3.A.(1)     Service Letter
 limits specified in           of Cessna Citation    ASL525A-78-01,
 paragraph 3 of Cessna         Alert Service         Revision 1, dated
 Citation Alert Service        Letter                October 27, 2009.
 Letter ASL525A-78-01,         ASL525A[dash]78-01,
 Revision 1, dated October     Revision 1, dated
 27, 2009, replace the         October 27, 2009,
 thrust attenuator paddle      are met, replace
 and attachment hardware, as   before further
 applicable.                   flight after the
                               inspection required
                               in paragraph (f)(3)
                               of this AD. After
                               the replacement,
                               continue with the
                               repetitive
                               inspections
                               specified in
                               paragraph (f)(1) of
                               this AD.
                              (ii) If the
                               conditions of
                               paragraph 3.A.(2)
                               of Cessna Citation
                               Alert Service
                               Letter
                               ASL525A[dash]78-01,
                               Revision 1, dated
                               October 27, 2009,
                               are met, replace
                               within the next 150
                               hours TIS after the
                               inspection required
                               in paragraph (f)(3)
                               of this AD. After
                               the replacement,
                               continue with the
                               repetitive
                               inspections
                               specified in
                               paragraph (f)(1) of
                               this AD.
(5) Replace both thrust       Within the next 300   Follow Cessna
 attenuator paddles.           hours TIS after the   Citation Service
                               effective date of     Bulletin SB525A-78-
                               this AD or within 1   02, Revision 1,
                               year after the        dated February 5,
                               effective date of     2010.
                               this AD, whichever
                               occurs first.
------------------------------------------------------------------------

    (g) The replacement required in paragraph (f)(5) of this AD
terminates the repetitive inspection requirement of this AD. This
replacement may be done at anytime, but must be done no later than
300 hours TIS or within 1 one after the effective date of this AD,
whichever occurs first.
    (h) If, before the effective date of this AD, you have done all
the actions in the original issue of Cessna Citation Service
Bulletin SB525A-78-02, dated November 13, 2009, then no further
action is required by this AD. This is considered ``unless already
done'' credit for this AD action.

Alternative Methods of Compliance (AMOCs)

    (i) The Manager, Wichita Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: TN Baktha, Aerospace Engineer, ACE-118W, Wichita Aircraft
Certification Office (ACO), 1801 Airport Road, Room 100, Wichita,
Kansas 67209; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (j) AMOCs approved for AD 2009-24-13 are approved for this AD.

Related Information

    (k) To get copies of the service information referenced in this
AD, contact Cessna Aircraft Company, Product Support, P.O. Box 7706,
Wichita, KS 67277; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
Internet: http://www.cessna.com. To view the AD docket, go to U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington,
DC 20590, or on the Internet at http://www.regulations.gov.

    Issued in Kansas City, Missouri, on March 23, 2010.
Steven W. Thompson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-7024 Filed 3-29-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
[Notices]
[Pages 11112-11114]
[FR Doc No: 2020-03803]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0015]

Crawler, Locomotive, and Truck Cranes; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

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

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget (OMB) approval of the
information collection requirements contained in the Crawler,
Locomotive, and Truck Cranes Standard (29 CFR 1910.180).

DATES: Comments must be submitted (postmarked, sent, or received) by
April 27, 2020.

ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2010-0015,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Docket Office's normal business hours, 10:00 a.m.
to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2010-0015) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the

docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney or
Seleda Perryman at<PHONE_NUMBER> to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Seleda Perryman,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of a continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, the reporting burden (time and
costs) is minimal, the collection instruments are clearly understood,
and OSHA's estimate of the information collection burden is accurate.
The Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act, or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657).
    The Standard specifies several paperwork requirements. The
following sections describe who uses the information collected under
each requirement, as well as how they use it. The purpose of each of
these requirements is to prevent workers from using unsafe cranes and
ropes, thereby reducing their risk of death or serious injury caused by
a crane or rope failure during material handling.

(A) Inspection of and Certification Records for Cranes (Sec.
1910.180(d)(4) and (d)(6))

    Paragraph 1910.180(d) specifies that employers must prepare a
written record to certify that the monthly inspection of critical items
in use on cranes (such as brakes, crane hooks, and ropes) has been
performed. The certification record must include the inspection date,
the signature of the person who conducted the inspection, and the
serial number (or other identifier) of the inspected crane. Employers
must keep the certificate readily available. The certification record
provides employers, workers, and OSHA compliance officers with
assurance that critical items on cranes have been inspected, and that
the equipment is in good operating condition so that the crane and rope
will not fail during material handling. These records also enable OSHA
to determine that an employer is complying with the Standard.

(B) Rated Load Tests (Sec.  1910.180(e)(2))

    This provision requires employers to make available written reports
of load-rating tests showing test procedures and confirming the
adequacy of repairs or alterations, and to make readily available any
rerating test reports. These reports inform the employer, workers, and
OSHA compliance officers of a crane's lifting limitations, and provide
information to crane operators to prevent them from exceeding these
limits and thereby causing crane failure.

(C) Inspection of and Certification Records for Ropes (Sec.
1910.180(g)(1) and (g)(2)(ii))

    Paragraph (g)(1) requires employers to thoroughly inspect any rope
in use at least once a month. The authorized person conducting the
inspection must observe any deterioration resulting in appreciable loss
of original strength and determine whether or not the condition is
hazardous. Before reusing a rope that has not been used for at least a
month because the crane housing the rope is shut down or in storage,
paragraph (g)(2)(ii) specifies that employers must have an appointed or
authorized person inspect the rope for all types of deterioration.
Employers must prepare a certification record for the inspections
required by paragraphs (g)(1) and (g)(2)(ii). These certification
records must include the inspection date, the signature of the person
conducting the inspection, and the identifier for the inspected rope;
paragraph (g)(1) states that employers must keep the certificates ``on
file where readily available,'' while paragraph (g)(2)(ii) requires
that certificates ``be . . . kept readily available.'' The
certification records assure employers, workers, and OSHA that the
inspected ropes are in good condition.

II. Special Issues for Comment

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

II. Proposed Actions

    There are no adjustments or program changes associated with the
information collection requirements in the Standard. The agency is
requesting to retain its current burden hours of 30,511. The agency has
determined that information collected by the agency during an
investigation is not subject to the PRA under 5 CFR 1320.4(a)(2).
Therefore, OSHA takes no burden or cost for disclosure of records.
    Type of Review: Extension of a currently approved information
collection.
    Title: Crawler, Locomotive, and Truck Cranes (29 CFR 1910.180).
    OMB Control Number: 1218-0221.
    Affected Public: Businesses or other for-profits; Federal
Government; State, Local, or Tribal government.
    Number of Respondents: 34,994.
    Frequency of Responses: Various.
    Average Time per Response: Varies from 1 hour to conduct rated load
tests to monthly to inspect ropes.
    Estimated Total Burden Hours: 30,511.
    Estimated Cost (Operation and Maintenance): $0.

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

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number (Docket No. OSHA-2010-0015) for the ICR. You
may supplement electronic submissions by uploading document files

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

V. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on February 20, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2020-03803 Filed 2-25-20; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Notices]
[Pages 75079-75080]
[FR Doc No: 2015-30399]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP16-18-000]

Magnum Gas Storage, LLC; Notice of Application for Amendment

    Take notice that on November 16, 2015, Magnum Gas Storage, LLC
(Magnum), 3165 E. Millrock Dr., #330, Holladay, Utah 84121, filed an
application pursuant to section 7(c) of the Natural Gas Act (NGA) and
Parts 157 and 284 of the Commission's Regulations requesting that the
Commission approve an amendment (Amendment) to the certificate of
public convenience and necessity issued to the Magnum in Docket No.
CP10-22-000 on March 17, 2011 (March 17 Order). The March 17 Order
authorized Magnum to construct facilities in Millard, Juab, and Utah
Counties, Utah consisting of four salt caverns, various related
aboveground supporting facilities and a 61.6-mile long, 36-inch
diameter, header pipeline extending from the storage site to points of
interconnection with existing interstate gas transmission facilities
owned by Kern River Gas Transmission Company and Questar Pipeline
Company near Goshen, Utah.
    The Amendment requested by Magnum would authorize the relocation of
Magnum's approved natural gas storage caverns and associated surface
facilities within the previously analyzed Project area, grant authority
to Magnum to provide a new firm wheeling transportation service under
market-based rates, and extend the time by which the facilities must be
constructed and placed in service. The filing may be viewed on the Web
at 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. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions concerning this application should be directed to
Tiffany A. James, Vice President, Project Development and Government
Affairs, Magnum Gas Storage, LLC, 3165 E. Millrock Dr., #330, Holladay,
Utah 84121, telephone:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>or J. Gordon Pennington, Attorney at Law,
Georgetown Place, 1101 30th Street NW., Suite 500, Washington, DC
20007, phone:<PHONE_NUMBER>, email<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding, or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule will serve to
notify federal and state agencies of the timing for the completion of
all necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.

    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 5 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Motions to intervene, protests and comments may be filed
electronically via the Internet in lieu of paper; see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: December 15, 2015

    Dated: November 24, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-30399 Filed 11-30-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 5, 2010 (Volume 75, Number 24)]
[Rules and Regulations]
[Page 5893-5894]
[DOCID:fr05fe10-8]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8117]

Suspension of Community Eligibility for Failure To Maintain
Adequate Floodplain Management Regulations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: FEMA is suspending one community because of its failure to
maintain floodplain management regulations meeting minimum requirements
under the National Flood Insurance Program (NFIP). If documentation is
received from the community before the effective suspension date,
indicating they have brought their floodplain management regulations
into compliance with the NFIP requirements, FEMA will withdraw the
suspension by publication in the Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of the community's scheduled
suspension is the date listed in the fourth column of the following
table.

FOR FURTHER INFORMATION CONTACT: David Stearrett, Mitigation
Directorate, 1800 South Bell Street, Arlington, VA 20598-3072, (202)
646-2953.

SUPPLEMENTARY INFORMATION: The National Flood Insurance Program (NFIP)
enables property owners to purchase flood insurance that is generally
not otherwise available. In return, communities agree to adopt and
implement local floodplain management regulations that contribute to
protecting lives and reducing the risk of property damage from future
flooding. Section 1315 of the National Flood Insurance Act of 1968, as
amended (42 U.S.C. 4022), prohibits flood insurance coverage authorized
under the National Flood Insurance Program (42 U.S.C. 4001-4128) unless
an appropriate public body adopts adequate floodplain management
measures with effective administration and enforcement processes.
    The community listed in this notice no longer complies with the
NFIP requirements set forth at 44 CFR part 59 et seq. Under 44 CFR
59.24(d), a community will be suspended from the NFIP for failing to
maintain adequate floodplain management regulations. Accordingly, FEMA
is suspending the City of Brentwood, Tennessee, (``the City'') on the
effective date in the fourth column of the table. As of that date, the
purchase of new flood insurance policies or the renewal of existing
flood insurance policies under the NFIP will no longer be available.
    FEMA will not suspend the City; however, if the community submits
the documentation required under 44 CFR 59.24(d) to show that they have
corrected the deficiencies in their flood damage prevention ordinance
identified in previous letters to the community to the maximum extent
possible. This documentation must be received by FEMA before the actual
suspension date. If the City successfully demonstrates its compliance
with NFIP regulations, FEMA will continue its eligibility for the sale
of NFIP insurance. FEMA will then publish in the Federal Register a
notice withdrawing the suspension of the community. In the interim, if
you wish to determine whether FEMA has suspended the City on the
suspension date, please contact the FEMA Region IV office at (770) 220-
5414. Additional information may also be found at http://www.fema.gov/
plan/prevent/floodplain/nfipkeywords/suspension.shtm.
    FEMA identified the special flood hazard areas (SFHAs) in this
community by publishing a Flood Insurance Rate Map. The effective date
of this map is indicated in the last column of the table. By law, no
Federally regulated entity may provide financial assistance for
acquisition or construction purposes for property located in a SFHA
unless the community in which the property is located is participating
in the NFIP (42 U.S.C. 4106(a)). The prohibition against certain types
of Federal disaster assistance also becomes effective for the City of
Brentwood, Tennessee, on the date shown in the fourth column (42 U.S.C.
4106(b)).
    The Administrator finds that notice and public comment procedure
under 5 U.S.C. 553(b) are impracticable and unnecessary because the
communities listed in this final rule have been adequately notified.
FEMA addressed these notifications to the Chief Executive Officer of
the City of Brentwood indicating that we will suspend the City unless
they take the required corrective actions and remedial measures before
the effective suspension date. Because we have made these
notifications, this final rule may take effect within less than 30
days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate
public body adopts adequate floodplain management measures with
effective enforcement measures. The communities listed no longer comply
with the statutory requirements, and after the effective date, flood
insurance will no longer be available in the community unless remedial
action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have

federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

0
Accordingly, 44 CFR Part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for Part 64 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq., Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  64.6  [Amended]

    The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                       Date certain Federal
                                                                       assistance no longer
                                                                       available in special
                                                           Community     flood hazard area    Current effective
              State                      Location             No.         and the sale of          map date
                                                                        flood insurance no
                                                                        longer available in
                                                                           the community
----------------------------------------------------------------------------------------------------------------
            Region IV

Tennessee........................  Brentwood, City of..        470205  February 17, 2010...  September 29, 2006.
----------------------------------------------------------------------------------------------------------------

    (Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')

    Dated: January 21, 2010.
Sandra K. Knight,
Deputy Assistant Administrator for Mitigation, Mitigation Directorate,
Federal Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2010-2479 Filed 2-4-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Rules and Regulations]
[Pages 34274-34276]
[FR Doc No: 2015-14704]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 172

[Docket No. FDA-2014-F-0364]

Food Additives Permitted for Direct Addition to Food for Human
Consumption; TBHQ

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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

SUMMARY: The Food and Drug Administration (FDA or we) is amending the
food additive regulations by removing the upper bound of the melting
point range in the regulation for the antioxidant tertiary
butylhydroquinone (TBHQ) and adding a purity acceptance criterion. This
action is in response to a petition submitted by Eastman Chemical
Company.

DATES: This rule is effective June 16, 2015. See section VIII for
further information on the filing of objections. Submit either
electronic or written objections and requests for a hearing by July 16,
2015. The Director of the Federal Register approves the incorporation
by reference of certain publications listed in the rule as of June 16,
2015.

ADDRESSES: You may submit either electronic or written objections and
requests for a hearing identified by Docket No. FDA-2014-F-0364, by any
of the following methods:

Electronic Submissions

    Submit electronic objections in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

Written Submissions

    Submit written objections in the following ways:
     Mail/Hand delivery/Courier (for paper submissions):
Division of Dockets

Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Agency name
and Docket No. FDA-2014-F-0364 for this rulemaking. All objections
received will be posted without change to http://www.regulations.gov,
including any personal information provided. For detailed instructions
on submitting objections, see the ``Objections'' heading of the
SUPPLEMENTARY INFORMATION section.
    Docket: For access to the docket to read background documents or
objections received, go to http://www.regulations.gov and insert the
docket number, found in brackets in the heading of this document, into
the ``Search'' box and follow the prompts and/or go to the Division of
Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Ellen Anderson, Center for Food Safety
and Applied Nutrition (HFS-265), Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In a notice published in the Federal Register on April 8, 2014 (79
FR 19301), we announced that we filed a food additive petition (FAP
4A4803) submitted by Eastman Chemical Company, c/o Keller and Heckman
LLP, 1001 G St. NW., Suite 500 West, Washington, DC 20001 (petitioner).
The petition proposed to amend the food additive regulations in Sec.
172.185 (21 CFR 172.185) TBHQ by removing the upper bound of the
specified melting point range (126.5 [deg]C to 128.5 [deg]C) and by
adding an acceptance criterion to measure purity of the additive.
Specifically, the petition proposed to allow the use of TBHQ with a
melting point that is 126.5 [deg]C or higher. In addition to this
change in melting point specification, the petition also proposed to
add an acceptance criterion for purity of not less than 99.0 percent
TBHQ, as tested by the titration assay specified in the most current
edition of the Food Chemicals Codex (FCC).
    TBHQ is the chemical 2-(1,1-dimethylethyl)-1,4-benzenediol
(Chemical Abstracts Service Registry Number 1948-33-0). In the Federal
Register of November 30, 1972 (37 FR 25356), we issued a final rule
that was codified in 21 CFR 121.1244 to provide for the safe use of
TBHQ in food under certain conditions, including a melting point range
for TBHQ of 126.5 [deg]C-128.5 [deg]C. An amendment to Sec.  121.1244
was issued in the Federal Register of December 10, 1976 (41 FR 53981)
to recognize the name ``TBHQ'' as the common name for tertiary
butylhydroquinone, and to add the Chemical Abstracts Service Registry
Number and nomenclature in the introductory text of Sec.  121.1244. In
the Federal Register of March 15, 1977 (42 FR 14302 at 14495), TBHQ was
recodified from Sec.  121.1244 to Sec.  172.185. No amendments to the
TBHQ regulation have been made since then.

II. Evaluation of Petition

    The melting point range of 126.5 [deg]C-128.5 [deg]C was originally
included by FDA in the regulation for TBHQ as part of the chemical
identity of the additive and to ensure purity. The melting point range
describes the initial and final temperatures at which the substance
melts. Data provided in the subject petition show that TBHQ with an
initial melting point of 126.5 [deg]C has a purity of not less than 99
percent, which is consistent with the petitioner's proposed acceptance
criterion specification. However, according to the petitioner,
analytical and manufacturing variability can result in batches of TBHQ
that have a final melting point greater than 128.5 [deg]C, but are of
suitably high purity. Using the titration assay for TBHQ in the FCC 9th
Edition (the most current edition), the petitioner analyzed multiple
samples of TBHQ with a final melting point above 128.5 [deg]C. All
samples had a purity of at least 99 percent. Based on their analysis of
these data, the petitioner concluded that, while melting point has
utility in identifying TBHQ, a maximum melting point specification
limit is unnecessary in the regulation to ensure purity. We agree with
the petitioner and have concluded that the data provided support their
request to remove the upper bound of the melting point range specified
in Sec.  172.185(a), and add a purity acceptance criterion of not less
than 99 percent determined using the titration assay for TBHQ in the
FCC 9th Edition or an equivalent method (Ref. 1).
    The petitioner did not propose any modifications to the use or
intended technical effect of TBHQ as currently permitted in Sec.
172.185. As such, the petitioner's proposed amendments will have no
impact on dietary exposure of TBHQ. Therefore, we did not reevaluate
the dietary exposure to TBHQ (Ref. 1). The petitioner also stated that
there are no changes to the manufacturing process and therefore no new
components will be introduced into the diet.
    No new toxicology studies were submitted in support of the safety
of the petition request. The petitioner referenced the toxicological
data that had been previously submitted and evaluated when the
regulation for TBHQ was first issued (37 FR 25356). As part of the
safety evaluation for this petition, we conducted an updated literature
search for new toxicological studies related to the safety of TBHQ. Our
literature search did not reveal any new safety issues with the
regulated use of TBHQ or any safety concerns regarding TBHQ with a
final melting point in excess of 128.5 [deg]C (Ref. 2).

III. Incorporation by Reference

    FDA is incorporating by reference the monograph for TBHQ in the FCC
9th edition (the most current edition), which was approved by the
Office of the Federal Register. You may purchase a copy of the material
from the United States Pharmacopeial Convention, 12601 Twinbrook Pkwy.,
Rockville, MD 20852, 1-800-227-8772, http://www.usp.org/.
    The FCC is a compendium of internationally recognized standards for
the purity and identity of food ingredients. The FCC monograph for TBHQ
contains a description of a titration assay, which is an analytical
method used to determine the purity of TBHQ.

IV. Conclusion

    Based on the data and information in the petition and other
relevant material, we conclude that the proposed amendments to remove
the upper bound of the melting point range in the regulation for TBHQ
and to add a purity acceptance criterion are safe and appropriate.
Therefore, we are amending the regulations in 21 CFR part 172 as set
forth in this document.

V. Public Disclosure

    In accordance with Sec.  171.1(h) (21 CFR 171.1(h)), the petition
and the documents that we considered and relied upon in reaching our
decision to approve the petition will be made available for public
disclosure (see FOR FURTHER INFORMATION CONTACT). As provided in Sec.
171.1(h), we will delete from the documents any materials that are not
available for public disclosure.

VI. Environmental Impact

    We have considered the environmental effects of this rule. As
stated in the April 8, 2014, Federal Register notice of petition for
FAP 4A4803 (79 FR 19301), we have determined, under 21 CFR 25.30(i),
that this action is of a type that does not

individually or cumulatively have a significant effect on the human
environment such that neither an environmental assessment nor an
environmental impact statement is required. We have not received any
new information or comments that would affect that determination.

VII. Paperwork Reduction Act of 1995

    This final rule contains no collection of information. Therefore,
clearance by the Office of Management and Budget under the Paperwork
Reduction Act of 1995 is not required.

VIII. Objections

    If you will be adversely affected by one or more provisions of this
regulation, you may file with the Division of Dockets Management (see
ADDRESSES) either electronic or written objections. You must separately
number each objection, and within each numbered objection you must
specify with particularity the provision(s) to which you object, and
the grounds for your objection. Within each numbered objection, you
must specifically state whether you are requesting a hearing on the
particular provision that you specify in that numbered objection. If
you do not request a hearing for any particular objection, you waive
the right to a hearing on that objection. If you request a hearing,
your objection must include a detailed description and analysis of the
specific factual information you intend to present in support of the
objection in the event that a hearing is held. If you do not include
such a description and analysis for any particular objection, you waive
the right to a hearing on the objection.
    It is only necessary to send one set of documents. Identify
documents with the docket number found in brackets in the heading of
this document. Any objections received in response to the regulation
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

IX. Section 301(ll) of the Federal Food, Drug, and Cosmetic Act

    Our review of this petition was limited to section 409 of the
Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 348).
This final rule is not a statement regarding compliance with other
sections of the FD&C Act. For example, the Food and Drug Administration
Amendments Act of 2007, which was signed into law on September 27,
2007, amended the FD&C Act to, among other things, add section 301(ll)
of the FD&C Act (21 U.S.C. 331(ll)). Section 301(ll) of the FD&C Act
prohibits the introduction or delivery for introduction into interstate
commerce of any food that contains a drug approved under section 505 of
the FD&C Act (21 U.S.C. 355), a biological product licensed under
section 351 of the Public Health Service Act (42 U.S.C. 262), or a drug
or biological product for which substantial clinical investigations
have been instituted and their existence has been made public, unless
one of the exemptions in section 301(ll)(1) to (4) of the FD&C Act
applies. In our review of this petition, we did not consider whether
section 301(ll) of the FD&C Act or any of its exemptions apply to food
containing this additive. Accordingly, this final rule should not be
construed to be a statement that a food containing this additive, if
introduced or delivered for introduction into interstate commerce,
would not violate section 301(ll) of the FD&C Act. Furthermore, this
language is included in all food additive final rules and therefore
should not be construed to be a statement of the likelihood that
section 301(ll) of the FD&C Act applies.

X. References

    The following references have been placed on display in the
Division of Dockets Management (see ADDRESSES) and may be seen by
interested persons between 9 a.m. and 4 p.m., Monday through Friday,
and are available electronically at http://www.regulations.gov.

1. FDA Memorandum from H. Lee, to E. Anderson, June 18, 2014.
2. FDA Memorandum from A. Khan to E. Anderson, August 6, 2014.

List of Subjects in 21 CFR Part 172

    Food additives, Incorporation by reference, Reporting and
recordkeeping requirements.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Director, Center for Food Safety and Applied
Nutrition, 21 CFR part 172 is amended as follows:

PART 172--FOOD ADDITIVES PERMITTED FOR DIRECT ADDITION TO FOOD FOR
HUMAN CONSUMPTION

0
1. The authority citation for 21 CFR part 172 continues to read as
follows:

    Authority: 21 U.S.C. 321, 341, 342, 348, 371, 379e.

0
2. Amend Sec.  172.185 as follows:
0
a. Revise paragraph (a);
0
b. Redesignate paragraphs (b) and (c) as paragraphs (c) and (d),
respectively; and
0
c. Add new paragraph (b).
    The revision and addition read as follows:

Sec.  172.185  TBHQ.

* * * * *
    (a) The food additive has a melting point of not less than 126.5
[deg]C.
    (b) The percentage of TBHQ in the food additive is not less than
99.0 percent when tested by the assay described in the Food Chemicals
Codex, 9th ed. (2014), pp. 1192-1194, which is incorporated by
reference, or an equivalent method. The Director of the Office of the
Federal Register approves this incorporation by reference in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies from the
United States Pharmacopeial Convention, 12601 Twinbrook Pkwy.,
Rockville, MD 20852 (Internet address: http://www.usp.org). Copies may
be examined at the Food and Drug Administration's Main Library, 10903
New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-
796-2039, or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call<PHONE_NUMBER> or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *

    Dated: June 9, 2015.
Susan Bernard,
Director, Office of Regulations, Policy and Social Sciences, Center for
Food Safety and Applied Nutrition.
[FR Doc. 2015-14704 Filed 6-15-15; 8:45 am]
 BILLING CODE 4164-01-P