[Federal Register: January 18, 2007 (Volume 72, Number 11)]
[Notices]
[Page 2320-2321]
[DOCID:fr18ja07-118]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55084; File No. SR-NYSE-2006-90]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Rule 13 (Definitions of Orders)

January 10, 2007.
    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 27, 2006, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the self-
regulatory organization. The Exchange filed the proposed rule change
pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C.78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NYSE proposes to amend Exchange Rule 13.30 to clarify that Stop
Orders in Exchange Traded Funds (as defined below) are elected on
quotes and trades.

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. 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 is seeking to amend Exchange Rule 13.30 to clarify
that Stop Orders (``STP'') in Investment Company Units,\5\ Trust Issued
Receipts,\6\ and securities treated similarly (i.e.,
streetTRACKS[supreg] Gold Shares, See Exchange Rule 1300) (collectively
Exchange-Traded Funds (``ETFs'')) are elected on both quotes and
trades.
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    \5\ Investment Company Units are defined in Rule 703.16 of the
NYSE Listed Company Manual.
    \6\ Trust Issued Receipts are defined in Exchange Rule 1200.
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    Prior to December 1, 2000, STP \7\ Orders in ETFs were elected only
on trades. At that time a STP Order to buy ETFs was elected and became
a market order only when a transaction in the security occurred at or
above the stop price, after the order was routed to the Display
Book[supreg] or was manually represented by a Floor broker in the

Crowd. Similarly, a STP Order to sell ETFs was elected and became a
market order only when a transaction in the security occurred at or
below the stop price, after the order was routed to the Display
Book[supreg] or was manually represented by a Floor broker in the
Crowd.
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    \7\ At that time, order types available to customers included
both Stop Orders and Stop Limit Orders. Subsequently, on November
27, 2006, the Commission approved the Exchange's proposal to
eliminate Stop Limit Orders as an acceptable order type on the
Exchange. See Securities Exchange Act Release No. 54820 (November
27, 2006), 71 FR 70824 (December 6, 2006) (SR-NYSE-2006-65). Stop
Limit Orders are therefore not addressed in this filing.
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    On December 1, 2000, due to the inherent speed of ETF trading and
quote changes, the Exchange amended Rule 13.30 to allow STP Orders in
ETFs to be elected also on quotations.\8\ The purpose of that amendment
was to allow STP Orders in ETFs to participate more often and minimize
STP Orders in ETFs from missing the market. It was not the Exchange's
intent to preclude STP Orders in ETFs from being elected on trades and
nothing in that filing or the rule amendment excludes STP Orders in
ETFs from election on trades. Rather, it added a section to provide
that STP Orders in ETFs are elected on quotes, leaving the previous
section regarding elections on trades intact. Since the amendment, the
Exchange has elected STP Orders in ETFs on quotes and trades. In this
filing, the Exchange seeks to amend Rule 13.30 to clarify that STP
orders are elected on quotes and trades, in order to eliminate any
ambiguity inherent in the current rule's structure.
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    \8\ See Securities Exchange Act Release No. 43658 (December 1,
2000), 65 FR 77408 (December 11, 2000) (SR-NYSE-2000-53).
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2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \9\ that an exchange have rules that
are designed 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.
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    \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.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest; does not
impose any significant burden on competition; and by its terms, does
not become operative for 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, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
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    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.
However, Rule 19b-4(f)(6)(iii) \12\ 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 and designate the proposed
rule change immediately operative upon filing. The Commission believes
that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest because it would
clarify that stop orders in ETFs are elected on quotes and trades.
Accordingly, the Commission designates the proposal to be effective and
operative upon filing with the Commission.\13\
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    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 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 may summarily abrogate 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-NYSE-2006-90 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2006-90. 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 inspection and
copying in the Commission's Public Reference Room. 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-NYSE-2006-90 and should be submitted on or before
February 8, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-616 Filed 1-17-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 145 (Tuesday, July 29, 2014)]
[Notices]
[Page 44070]
[FR Doc No: 2014-17774]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72661; File No. 10-214]

Automated Matching Systems Exchange, LLC; Notice of Filing of
Application for Limited Volume Exemption From Registration as a
National Securities Exchange Under Section 5 of the Securities Exchange
Act of 1934

July 23, 2014.
    On July 7, 2014, Automated Matching Systems Exchange, LLC
(``AMSE'') submitted to the Securities and Exchange Commission
(``Commission'') an application seeking a limited volume exemption
under Section 5 of the Securities Exchange Act (``Exchange Act'') from
registration as a national securities exchange under Section 6 of the
Exchange Act. Although Section 5 of the Exchange Act does not require
publication of such a request for exemption, the Commission has
determined, in its discretion, to publish this notice in order to
solicit the views of interested persons on AMSE's exemption
application.\1\
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    \1\ Section 5 of the Exchange Act authorizes the Commission to
grant an exemption from registration if, ``in the opinion of the
Commission, by reason of the limited volume of transactions effected
on [the] exchange, it is not practicable and not necessary or
appropriate in the public interest for the protection of investors
to require such registration.'' 15 U.S.C. 78e.
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    AMSE proposes to conduct business in reliance upon an exemption
from registration as a national securities exchange due to the limited
volume of transactions proposed to be effected on AMSE. In general,
AMSE seeks to operate as a centralized marketplace for alternative
trading systems. AMSE proposes to operate solely on an ``off-order-
book'' trading basis. Each member of AMSE would maintain its own
automated matching system or electronic order book and would report its
transactions to AMSE at such intervals as required by AMSE. Trades
would occur when an order to buy and an order to sell match on the
member's electronic order book. Each member of AMSE would adopt rules
governing the execution and priority of orders. AMSE does not intend to
have a physical exchange trading floor, centralized order book, or
specialists or market makers with affirmative and negative market
making obligations.
    AMSE's exemption application is available at the Commission's
Public Reference Room and www.sec.gov. Interested persons are invited
to submit written data, views, and arguments concerning AMSE's
exemption application, including whether AMSE's exemption application
is consistent with the Exchange Act and whether AMSE qualifies as an
``exchange'' under the Exchange 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/other.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number 10-214 on the subject line.

Paper Comments

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

All submissions should refer to File Number 10-214. 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/other.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to AMSE's exemption application filed with the
Commission, and all written communications relating to the application
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. 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 10-214
and should be submitted on or before September 12, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\2\
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    \2\ 17 CFR 200.30-3(a)(71)(i).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-17774 Filed 7-28-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 41 (Wednesday, March 2, 2016)]
[Notices]
[Pages 10859-10860]
[FR Doc No: 2016-04615]

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ENVIRONMENTAL PROTECTION AGENCY

[EPAHQ-SFUND-2012-0104; FRL-9943-10-OLEM]

Proposed Information Collection Request; Comment Request;
Brownfields Program--Accomplishment Reporting (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``Brownfields Program--
Accomplishment Reporting (Renewal)'' (EPA ICR No. 2104.06, OMB Control
No. 2050-0192) to the Office of Management and Budget (OMB) for review
and approval in accordance with the Paperwork Reduction Act (44 U.S.C.
3501 et seq.). Before doing so, EPA is soliciting public comments on
specific aspects of the proposed information collection as described
below. This is a proposed extension of the ICR, which is currently
approved through May 31, 2016. An Agency may not conduct or sponsor and
a person is not required to respond to a collection of information
unless it displays a currently valid OMB control number.

DATES: Comments must be submitted on or before May 2, 2016.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2012-0104 online using www.regulations.gov (our preferred method)
or by mail to: EPA Docket Center, Environmental Protection Agency, Mail
Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Kelly Gorini, Office of Brownfields
and Land Revitalization, (5105T), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202)
566-1702; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: The Small Business Liability Relief and Brownfields
Revitalization Act (Pub. L. 107-118) (``the Brownfields Amendments'')
was signed into law on January 11, 2002. The Act amends the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), as amended, and authorizes EPA to award cooperative
agreements to states, tribes, local governments, and other eligible
entities to assess and clean up brownfield sites. Under the Brownfields
Amendments, a brownfields site means real property, the expansion,
redevelopment, or reuse of which may be complicated by the presence or
potential presence of a hazardous substance, pollutant, or contaminant.
For funding purposes, EPA uses the term ``brownfields property(ies)''
synonymously with the term ``brownfields sites.'' The Brownfields
Amendments authorize EPA to award several types of cooperative
agreements to eligible entities on a competitive basis.
    Under subtitle A of the Small Business Liability Relief and
Brownfields Revitalization Act, states, tribes, local governments, and
other eligible entities can receive assessment cooperative agreements
to inventory, characterize, assess, and conduct planning and community
involvement related to brownfields properties; cleanup cooperative
agreements to carry out cleanup activities at brownfields properties;
cooperative agreements to capitalize revolving loan funds and provide
subgrants for cleanup activities; area-wide planning cooperative
agreements to develop revitalization plans for brownfields; and
environmental workforce and development job training and placement
programs. Under subtitle C of the Small Business Liability Relief and
Brownfields Revitalization Act, states and tribes can receive
cooperative agreements to establish and enhance their response programs
through the four elements and meet the public record requirements under
the statute. Cooperative agreement recipients (``recipients'') have
general reporting and record keeping requirements as a condition of
their cooperative agreement that result in burden. A portion of this
reporting and record keeping burden is authorized under 2 CFR part 1500
and identified in the EPA's general grants ICR (OMB Control Number
2030-0020). EPA requires Brownfields program recipients to maintain and
report additional information to EPA on the uses and accomplishments
associated with funded brownfields activities. EPA uses several forms
to assist recipients in reporting the information and to ensure
consistency of the information collected. EPA uses this information to
meet Federal stewardship responsibilities to manage and track how
program funds are being spent, to evaluate the performance of the
Brownfields Cleanup and Land Revitalization Program, to meet the
Agency's reporting requirements under the Government Performance
Results Act, and to report to Congress and other program stakeholders
on the status and accomplishments of the program.
    Form numbers: EPA ICR No. 2104.06, OMB Control No. 2050-0192.
    Respondents/affected entities: State/local/tribal governments; Non-
Profits.

    Respondent's obligation to respond: Required to obtain or Retain
Benefits (2 CFR part 1500).
    Estimated number of respondents: 3,711.
    Frequency of response: Bi-annual for subtitle C recipients;
quarterly for subtitle A recipients.
    Total estimated burden: 3,167 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $397,269 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in estimates: There is no change in the number of hours in
the total estimated respondent burden compared with the ICR currently
approved by OMB.

    Dated: February 18, 2016.
David R. Lloyd,
Director, Office of Brownfields and Land Revitalization.
[FR Doc. 2016-04615 Filed 3-1-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Notices]
[Pages 80180-80181]
[FR Doc No: 2022-28396]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's website 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, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
          Docket Nos.               File date     Presenter or requester
------------------------------------------------------------------------
Prohibited:
    1. CP21-94-000.............      12/15/2022  FERC Staff.\1\
    2. CP17-40-000.............      12/16/2022  FERC Staff.\2\
    3. CP21-94-000.............      12/16/2022  FERC Staff.\3\
    4. P-77-000................      12/21/2022  FERC Staff.\4\
    5. P-14227-000.............      12/21/2022  FERC Staff.\5\
    6. P-1494-000..............      12/21/2022  FERC Staff.\6\
    7. P-1494-000..............      12/21/2022  FERC Staff.\7\
    8. P-14803-000; P-2082-000.      12/21/2022  FERC Staff.\8\
    9. CP13-492-000............      12/21/2022  FERC Staff.\9\
    10. CP16-10-000; CP21-12-        12/21/2022  FERC Staff.\10\
     000.
    11. CP17-101-000...........      12/21/2022  FERC Staff.\11\
    12. CP17-101-000...........      12/21/2022  FERC Staff.\12\
    13. CP16-10-000; CP21-12-        12/21/2022  FERC Staff.\13\
     000.
    14. PF22-3-000; CP22-503...      12/21/2022  FERC Staff.\14\
    15. CP21-12-000............      12/21/2022  FERC Staff.\15\
Exempt:
    1. CP17-40-000.............      12/16/2022  U.S. Senator Tammy
                                                  Duckworth.
    2. CP22-2-000..............      12/20/2022  U.S. Senators Jeffrey A
                                                  Merkley and Ron Wyden.
    3. P-2197-000..............      12/21/2022  Salisbury, NC Mayor
                                                  Karen K.
                                                  Alexander.\16\
    4. P-2197-000..............      12/21/2022  Salisbury, NC Mayor
                                                  Karen K.
                                                  Alexander.\17\
    5. CP20-493-000............      12/21/2022  Borough of Hamburg, NJ.
    6. CP17-101-000............      12/21/2022  Borough of Keyport, NJ.
------------------------------------------------------------------------
\1\ Email dated 10/22/2022 from Ciro Scalera.
\2\ Email dated 10/16/2022 from Robert Rutkowski.
\3\ Email dated 10/22/2022 from William Scharfenberg.
\4\ Email dated 4/15/2022 from Sam and Nancy Todd.
\5\ Email dated 8/12/2020 from Richard and Joan Becktel.
\6\ Email dated 5/19/2021 from Sally Bocanegra.
\7\ Email dated 5/22/2021 from Marilyn Power Scott.
\8\ Email dated 4/9/2022 from Kevin McDermott.
\9\ Email dated 2/12/2021 from Max and Kate Gessert.

\10\ Email dated 2/17/2021 from William F. Limpertt.
\11\ Email dated 4/6/2021 from an individual.
\12\ Email dated 4/6/2021 from Kathy Malone.
\13\ Email dated 4/13/2021 from Jim Steitz.
\14\ Email dated 3/11/2022 from Shawn Avery.
\15\ Email dated 10/22/2022 from Robert M. Jones.
\16\ Comments dated 3/5/2020.
\17\ Comments dated 1/20/2021.

    Dated: December 22, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-28396 Filed 12-28-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Pages 48822-48823]
[FR Doc No: 2017-22730]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-1229]

Current Good Manufacturing Practice Requirements for Food for
Animals; Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a guidance for industry #235 entitled ``Current
Good Manufacturing Practice Requirements for Food for Animals.'' This
guidance helps domestic and foreign facilities that are required to
register as food facilities under the Federal Food, Drug, and Cosmetic
Act (the FD&C Act) determine whether and how they need to comply with
the current good manufacturing practice requirements of the Current
Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive
Controls for Food for Animals final rule.

DATES: The announcement of the guidance is published in the Federal
Register on October 20, 2017.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-D-1229 for ``Current Good Manufacturing Practice Requirements

for Food for Animals.'' Received comments will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff office between 9 a.m. and 4 p.m., Monday through
Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the guidance to the
Policy and Regulations Staff (HFV-6), Center for Veterinary Medicine,
Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855.
Send one self-addressed adhesive label to assist that office in
processing your requests. See the SUPPLEMENTARY INFORMATION section for
electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Jeanette Murphy, Center for Veterinary
Medicine (HFV-200), Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of August 25, 2016 (81 FR 58519), FDA
published the notice of availability for a draft guidance entitled
``Current Good Manufacturing Practice Requirements for Food for
Animals,'' giving interested persons until November 23, 2016, to
comment on the draft guidance. FDA received comments on the draft
guidance and those comments were considered as the guidance was
finalized. Changes made include additional explanation and examples and
the inclusion of a part 507 (21 CFR part 507) Current Good
Manufacturing Practice (CGMP) Self-Assessment Tool in Appendix B to
assist facilities in reviewing the implementation of CGMP requirements
at their facility. Information regarding human food by-products for use
as food for animals was removed; this information is contained in draft
GFI #239, entitled ``Human Food By-Products for Use as Animal Food''
(81 FR 58521, August 25, 2016). In addition, editorial changes were
made to improve clarity. The guidance announced in this notice
finalizes the draft guidance dated August 2016.

II. Significance of Guidance

    This level 1 guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The guidance represents
the current thinking of FDA on current good manufacturing practice
requirements for food for animals. It does not establish any rights for
any person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations. This guidance is not subject to Executive
Order 12866.

III. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in part 507 have been approved under OMB
control number 0910-0789.

IV. Electronic Access

    Persons with access to the internet may obtain the guidance at
either https://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or
https://www.regulations.gov.

    Dated: October 16, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-22730 Filed 10-19-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 75, Number 5 (Friday, January 8, 2010)]
[Rules and Regulations]
[Pages 1017-1020]
[FR Doc No: E9-31274]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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

Federal Register / Vol. 75, No. 5 / Friday, January 8, 2010 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0328; Directorate Identifier 2008-NE-44-AD;
Amendment 39-16161; AD 2010-01-04]
RIN 2120-AA64

Airworthiness Directives; General Electric Company (GE) CF34-1A,
CF34-3A, and CF34-3B Series Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) for GE CF34-1A, CF34-3A, and CF34-3B series turbofan engines. That
AD currently requires removing from service certain part number (P/N)
and serial number (S/N) fan blades within compliance times specified in
the AD, inspecting the fan blade abradable rub strip on certain engines
for wear, inspecting the fan blades on certain engines for cracks,
inspecting the aft actuator head hose fitting for correct position,
and, if necessary, repositioning the hose fitting. This ad supersedure
requires the same actions but corrects the effectivity for certain fan
blades requiring corrective actions and changes the effective date of
the current AD. This AD supersedure results from the FAA discovering
that the existing AD has an incorrect effectivity for certain fan
blades requiring corrective actions, and from a report of an under-cowl
fire and a failed fan blade. We are issuing this AD to prevent failure
of certain P/N and S/N fan blades and aft actuator head hoses, which
could result in an under-cowl fire and subsequent damage to the
airplane.

DATES: This AD becomes effective January 25, 2010. The Director of the
Federal Register previously approved the incorporation by reference of
certain publications listed in the regulations as of January 4, 2010.
    We must receive any comments on this AD by March 9, 2010.

ADDRESSES: Use one of the following addresses to comment on this AD.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Contact General Electric Company, GE-Aviation, Room 285, 1 Neumann
Way, Cincinnati, OH 45215, telephone<PHONE_NUMBER>; fax (513) 552-
3329; e-mail<EMAIL_ADDRESS>for the service information identified in
this AD.

FOR FURTHER INFORMATION CONTACT: John Frost, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA amends 14 CFR part 39 by superseding
AD 2009-24-11, Amendment 39-16103 (74 FR 62481, November 30, 2009).
That AD requires removing from service certain P/N and S/N fan blades
within compliance times specified in the AD, inspecting the fan blade
abradable rub strip on certain engines for wear, inspecting the fan
blades on certain engines for cracks, inspecting the aft actuator head
hose fitting for correct position, and, if necessary, repositioning the
hose fitting. That AD was the result of a report of an under-cowl fire
and a failed fan blade. That condition, if not corrected, could result
in an under-cowl fire and subsequent damage to the airplane.

Actions Since AD 2009-24-11 Was Issued

    Since AD 2009-24-11 was issued, we discovered that when we
recodified the compliance section as part of our response to a comment
received on the proposed AD, we inadvertently left out of the AD
certain fan blade effectivity information from paragraphs (f) and (g)
and (j). Paragraphs (f) and (g) are missing information on fan blades,
P/Ns 6018T30P14 or 4923T56G08, that have any fan blade S/Ns listed in
Appendix A of General Electric Aircraft Engines (GEAE) Service Bulletin
(SB) No. CF34-AL S/B 72-0245, Revision 01, dated July 30, 2008. Also,
paragraph (j) is missing information on fan blades, P/N 6018T30P14 or
P/N 4923T56G08, that have any fan blade S/Ns listed in Appendix A of
GEAE SB No. CF34-BJ S/B 72-0229, Revision 01, dated July 30, 2008. This
AD supersedure adds the missing information to the compliance section
and changes the effective date of the original AD to the same effective
date as this AD, to prevent possible grounding of airplanes.

Relevant Service Information

    We have reviewed and approved the technical contents of the
following GE Aircraft Engines SBs:
     CF34-AL S/B 73-0046, Revision 02, dated August 27, 2008,
and CF34-BJ S/B 73-0062, Revision 02, dated August 27, 2008, that
provide instructions for inspecting the orientation of the aft actuator
hose assembly and the main fuel control.
     CF34-AL S/B 72-0245, Revision 01, dated July 3, 2008,
CF34-BJ S/B 72-0229, Revision 01, dated July 30, 2008, and CF34-BJ S/B
72-0230, Revision 01, dated July 30, 2008, that provide instructions
for replacing certain existing blades, P/Ns 6018T30P14 and 4923T56G08,
that have a S/N listed in Appendix A of those SBs.
     CF34-AL S/B 72-0250, Revision 01, dated November 26, 2008,
and CF34-BJ S/B 72-0231, Revision 02, dated November 26, 2008, that
provide instructions for inspecting the fan case abradable rub strip
and fan blade tangs.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or
develop on other GE CF34-1A, CF34-3A, and CF34-3B series turbofan
engines of the same type design. We are issuing this AD supersedure to
prevent failure of certain P/N and S/N fan blades and aft actuator head
hoses, which could result in an under-cowl fire and subsequent damage
to the airplane. This AD

requires removing from service certain P/N and S/N fan blades within
compliance times specified in the AD, inspecting the fan blade
abradable rub strip on certain engines for wear, inspecting the fan
blades on certain engines for cracks, inspecting the aft actuator head
hose fitting for correct position, and, if necessary, repositioning the
hose fitting. You must use the service information described previously
to perform the actions required by this AD.

FAA's Determination of the Effective Date

    Since an unsafe condition exists that requires the immediate
adoption of this AD, we have found that notice and opportunity for
public comment before issuing this AD are impracticable, and that good
cause exists for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send us any written relevant data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2008-0328; Directorate
Identifier 2008-NE-44-AD'' in the subject line of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the rule that might suggest a need
to modify it.
    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
with FAA personnel concerning this AD. Using the search function of the
Web site, anyone can find and read the comments in any of our dockets,
including, if provided, the name of the individual who sent the comment
(or signed the comment on behalf of an association, business, labor
union, etc.). You may review the DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477-78).

Examining the AD Docket

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

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 AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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 summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary at the
address listed under ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Under the authority delegated to me by the Administrator, the Federal
Aviation Administration amends part 39 of the Federal Aviation
Regulations (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 removing Amendment 39-16103 (74 FR
62481, November 30, 2009), and by adding a new airworthiness directive,
Amendment 39-16161, to read as follows:

2010-01-04 General Electric Company: Amendment 39-16161. Docket No.
FAA-2008-0328; Directorate Identifier 2008-NE-44-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January
25, 2010.

Affected ADs

    (b) This AD supersedes AD 2009-24-11, Amendment 39-16103.

Applicability

    (c) This AD applies to General Electric Company (GE) CF34-1A,
CF34-3A, CF34-3A1, CF34-3A2, CF34-3B, and CF34-3B1 turbofan engines.
These engines are installed on, but not limited to, Bombardier
Canadair Models CL-600-2A12, CL-600-2B16, and CL-600-2B19 airplanes.

Unsafe Condition

    (d) This AD results from the FAA discovering that the existing
AD has an incorrect effectivity for certain fan blades requiring
corrective actions, and from a report of an under-cowl fire and a
failed fan blade. We are issuing this AD to prevent failure of
certain part number (P/N) and serial number (S/N) fan blades and aft
actuator head hoses, which could result in an under-cowl fire and
subsequent damage to the airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

CF34-3A1 and CF34-3B1 Engines

    (f) For CF34-3A1 engines that meet all of the following
criteria, perform the actions specified in paragraph (i) of this AD:
    (1) Fan drive shaft, P/N 6036T78P02, installed; and
    (2) Airworthiness limitation section fan drive shaft life limit
of 22,000 cycles-since-new (CSN); and
    (3) Installed fan blades, P/Ns 6018T30P14 or 4923T56G08, that
have any fan blade S/Ns listed in Appendix A of General Electric
Aircraft Engines (GEAE) SB No. CF34-AL S/B 72-0245, Revision 01,
dated July 30, 2008.
    (g) For CF34-3A1 engines that meet all of the following
criteria, perform the actions specified in paragraph (i) of this AD:

    (1) Fan drive shaft, P/N 6036T78P02, installed; and
    (2) Airworthiness limitation section fan drive shaft life limit
of 15,000 CSN; and
    (3) In compliance with GEAE SB No. CF34-AL S/B 72-0147, dated
May 21, 2003, Revision 01, dated October 17, 2003, Revision 02,
dated August 5, 2004, or Revision 3, dated August 28, 2003; and
    (4) Installed fan blades, P/Ns 6018T30P14 or 4923T56G08, that
have any fan blade S/Ns listed in Appendix A of GEAE SB No. CF34-AL
S/B 72-0245, Revision 01, dated July 30, 2008.
    (h) For CF34-3B1 engines that meet all of the following
criteria, perform the actions specified in paragraph (i) of this AD:
    (1) Installed fan blades, P/Ns 6018T30P14 or 4923T56G08; and
    (2) With any fan blade S/Ns listed in Appendix A of GEAE SB No.
CF34-AL S/B 72-0245, Revision 01, dated July 30, 2008.
    (i) Do the following for the engines meeting the criteria in
paragraph (f), (g), or (h) of this AD, as applicable:
    (1) Remove listed fan blades from service within 4,000 cycles-
in-service (CIS) after the effective date of this AD or by December
31, 2010, whichever occurs first.

Initial Visual Inspection of the Fan Blade Abradable Rub Strip for Wear

    (2) For fan blades with 1,200 or more CSN on the effective date
of this AD, perform an initial visual inspection of the fan blade
abradable rub strip for wear within 20 CIS after the effective date
of this AD. Use paragraphs 3.A.(1) through 3.A.(2) of the
Accomplishment Instructions of GEAE SB No. CF34-AL S/B 72-0250,
Revision 01, dated November 26, 2008, to perform the inspection.
    (3) For fan blades with fewer than 1,200 CSN on the effective
date of this AD, perform an initial visual inspection of the fan
blade abradable rub strip for wear within 1,220 CSN. Use paragraphs
3.A.(1) through 3.A.(2) of the Accomplishment Instructions of GEAE
SB No. CF34-AL S/B 72-0250, Revision 01, dated November 26, 2008, to
perform the inspection.
    (4) If you find a continuous 360 degree rub indication, before
further flight, visually inspect the fan blades using paragraphs
3.A.(2)(a) through 3.A.(2)(b) of the Accomplishment Instructions of
GEAE SB No. CF34-AL S/B 72-0250, Revision 01, dated November 26,
2008.
    (5) If you find a crack in the retaining pin holes of the fan
blade, remove the blade from service.

Repetitive Visual Inspection of the Fan Blade Abradable Rub Strip for
Wear

    (6) Within 75 cycles-since-last inspection (CSLI) or 100 hours-
since-last-inspection (HSLI), whichever occurs later, perform a
visual inspection of the fan blade abradable rub strip for wear. Use
paragraphs 3.A.(1) through 3.A.(2) of the Accomplishment
Instructions of GEAE SB No. CF34-AL S/B 72-0250, Revision 01, dated
November 26, 2008, to perform the inspection.
    (i) If you find a continuous 360 degree rub indication, before
further flight, visually inspect the fan blades using paragraphs
3.A.(2)(a) through 3.A.(2)(b) of the Accomplishment Instructions of
GEAE SB No. CF34-AL S/B 72-0250, Revision 01, dated November 26,
2008.
    (ii) If you find a crack in the retaining pin holes of the fan
blade, remove the blade from service.

Inspection of the Aft Actuator Head Hose Fitting on CF34-3A1 and CF34-
3B1 Engines

    (7) Within 750 hours time-in-service (TIS) after the effective
date of this AD, visually inspect and, if necessary, reposition the
aft actuator head hose fitting. Use paragraph 3.A of the
Accomplishment Instructions of GEAE SB No. CF34-AL S/B 73-0046,
Revision 02, dated August 27, 2008, to perform the inspection.

CF34-1A, CF34-3A, CF34-3A2, CF34-3B, and CF34-3A1 Engines

    (j) For CF34-3A1 engines that meet all of the following
criteria, perform the actions specified in paragraph (l) of this AD:
    (1) Fan drive shaft, P/N 6036T78P02, installed; and
    (2) Airworthiness limitation section fan drive shaft life limit
of 15,000 CSN that are not in compliance with GEAE SB No. CF34-AL S/
B 72-0147, dated May 21, 2003, Revision 01, dated October 17, 2003,
Revision 02, dated August 5, 2004, or Revision 03, dated August 28,
2003; and
    (3) With fan blades, P/Ns 6018T30P14 or 4923T56G08, that have
any fan blade S/Ns listed in Appendix A of GEAE SB No. CF34-BJ S/B
72-0229, Revision 01, dated July 30, 2008.
    (k) For CF34-1A, CF34-3A, CF34-3A2, and CF34-3B engines that
meet all of the following criteria, perform the actions specified in
paragraph (l) of this AD:

    (1) Installed fan blades, P/N 6018T30P14 or P/N 4923T56G08; and
    (2) Installed fan blade S/Ns listed in Appendix A of GEAE SB No.
CF34-BJ S/B 72-0229, Revision 01, dated July 30, 2008:

    (l) Do the following for the engines meeting the criteria in
paragraph (j) or (k) of this AD as applicable:

    (1) Remove listed fan blades, P/N 6018T30P14, from service
within 2,400 CSN.
    (2) Remove listed fan blades, P/N 4923T56G08, from service
within 1,200 CIS since the bushing repair of the fan blade hole.

Initial Eddy Current Inspection of the Fan Blades

    (3) For fan blades, P/N 6018T30P14, with more than 850 CSN,
perform an initial eddy current inspection (ECI) of the fan blades
for cracks within 350 CIS after the effective date of this AD. Use
paragraphs 3.A. or 3.B. of the Accomplishment Instructions of GEAE
SB No. CF34-BJ S/B 72-0229, Revision 01, dated July 30, 2008, to
perform the inspection.
    (4) For fan blades, P/N 6018T30P14, with 850 or fewer CSN on the
effective date of this AD, perform an initial ECI of the fan blades
for cracks within 1,200 CSN. Use paragraphs 3.A. or 3.B. of the
Accomplishment Instructions of GEAE SB No. CF34-BJ S/B 72-0229,
Revision 01, dated July 30, 2008, to perform the inspection.
    (5) If you find a crack in the retaining pin holes of the fan
blade, remove the blade from service.

Repetitive ECI of the Fan Blades

    (6) For fan blades, P/N 6018T30P14, within 600 CSLI, perform an
ECI of the fan blades for cracks. Use paragraphs 3.A. or 3.B. of the
Accomplishment Instructions of GEAE SB No. CF34-BJ S/B 72-0229,
Revision 01, dated July 30, 2008, to perform the inspection.
    (7) If you find a crack in the retaining pin holes of the fan
blade, remove the blade from service.

Initial Visual Inspection of the Fan Blade Abradable Rub Strip for Wear

    (8) For engines with fan blades, P/N 6018T30P14, installed that
have any fan blade S/Ns listed in Appendix A of GEAE SB No. CF34-BJ
S/B 72-0229, Revision 01, dated July 30, 2008, with 1,200 or more
CSN on the effective date of this AD, and that haven't had an ECI of
the fan blades for cracks, do the following:
    (i) Perform an initial inspection of the fan blade abradable rub
strip for wear within 20 CIS after the effective date of this AD.
Use paragraph 3.A.(1) of the Accomplishment Instructions of GEAE SB
No. CF34-BJ S/B 72-0231, Revision 02, dated November 26, 2008, to
perform the inspection.
    (ii) If you find a continuous 360 degree rub indication, before
further flight, perform a visual inspection of the fan blades for
cracks. Use paragraphs 3.A(2)(a) or 3.A(2)(b) of the Accomplishment
Instructions of GEAE SB No. CF34-BJ S/B 72-0231, Revision 02, dated
November 26, 2008, to perform the inspection.
    (iii) If you find a crack in the retaining pin holes of the fan
blade, remove the blade from service.

Repetitive Inspection of the Fan Blade Abradable Rub Strip for Wear

    (9) For engines with fan blades, P/N 6018T30P14, installed, if
you have performed an ECI of the fan blade, you don't need to
inspect the fan blade abradable rub strip for wear.
    (10) For engines with fan blades, P/N 6018T30P14, installed,
within 75 CSLI or 100 HSLI, whichever occurs later, do the
following:

    (i) Perform a visual inspection of the fan blade abradable rub
strip for wear. Use paragraph 3.A.(1) of the Accomplishment
Instructions of GEAE SB No. CF34-BJ S/B 72-0231, Revision 02, dated
November 26, 2008, to perform the inspection.
    (ii) If you find a continuous 360 degree rub indication, before
further flight, visually inspect the fan blades using paragraphs
3.A.(2)(a) through 3.A.(2)(b) of the Accomplishment Instructions of
GEAE SB No. CF34-BJ S/B 72-0231, Revision 02, dated November 26,
2008.
    (iii) If you find a crack in the retaining pin holes of the fan
blade, remove the blade from service.

Inspection of the Aft Actuator Head Hose Fitting on CF34-3A1 and CF34-
3B Engines

    (11) For CF34-3A1 engines, within 300 hours TIS after the
effective date of this AD, visually inspect and, if necessary,
reposition the aft actuator head hose fitting. Use paragraph 3.A of
the Accomplishment Instructions of GEAE SB No. CF34-BJ S/B

73-0062, Revision 02, dated August 27, 2008, to perform the
inspection.
    (12) For CF34-3B engines, within 400 hours TIS after the
effective date of this AD, visually inspect and, if necessary,
reposition the aft actuator head hose fitting. Use paragraph 3.A of
the Accomplishment Instructions of GEAE SB No. CF34-BJ S/B 73-0062,
Revision 02, dated August 27, 2008, to perform the inspection.

Credit for Previous Actions

    (m) Inspections previously performed using the following GEAE
SBs meet the requirements specified in the indicated paragraphs:

    (1) CF34-AL S/B 72-0250, dated August 15, 2008, meet the
requirements specified in paragraphs (i)(2) through (i)(4) of this
AD.
    (2) CF34-AL S/B 73-0046, Revision 01, dated July 1, 2008, or
earlier issue, meet the requirements specified in paragraph (i)(7)
of this AD.
    (3) CF34-BJ S/B 72-0229, dated April 10, 2008, meet the
requirements specified in paragraphs (l)(3) and (l)(4) of this AD.
    (4) CF34-BJ S/B 72-0231, Revision 01, dated October 1, 2008, or
earlier issue, meet the requirements specified in paragraphs
(l)(10)(i) and (l)(10)(ii) of this AD.
    (5) CF34-BJ S/B 73-0062, Revision 01, dated July 1, 2008, or
earlier issue, meet the requirements specified in paragraphs (l)(11)
and (l)(12) of this AD.

Installation Prohibitions

    (n) After the effective date of this AD:

    (1) Do not install any fan blade into any CF34-3A1 engine with
fan drive shaft, P/N 6036T78P02, with an airworthiness limitation
section fan drive shaft life limit of 22,000 CSN if that fan blade:

    (i) Was installed in a CF34-3A1 engine with fan drive shaft, P/N
6036T78P02, with an airworthiness limitation section fan drive shaft
life limit of 15,000 CSN; and
    (ii) Is listed in Appendix A of GEAE SB No. CF34-BJ S/B 72-0229,
Revision 01, dated July 30, 2008; or
    (iii) Is listed in Appendix A of GEAE SB No. CF34-BJ S/B 72-
0230, Revision 01, dated July 30, 2008.
    (2) Do not install any fan blade into any CF34-3A1 engine with
fan drive shaft, P/N 6036T78P02, with an airworthiness limitation
section fan drive shaft life limit of 15,000 CSN if that fan blade:

    (i) Was installed in any CF34-3A1 engine with fan drive shaft,
P/N 6036T78P02, with an airworthiness limitation section fan drive
shaft life limit of 22,000 CSN; and
    (ii) Is listed in Appendix A of GEAE SB No. CF34-AL S/B 72-0245,
Revision 01, dated July 3, 2008.

Alternative Methods of Compliance

    (o) The Manager, Engine Certification Office, has the authority
to approve alternative methods of compliance for this AD if
requested using the procedures found in 14 CFR 39.19.

Related Information

    (p) Contact John Frost, Aerospace Engineer, Engine Certification
Office, FAA, Engine & Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803; e-mail<EMAIL_ADDRESS>
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>, for more information
about this AD.

Material Incorporated by Reference

    (q) You must use the GE Aircraft Engines service information
specified in the following Table 1 to do the actions required by
this AD.

                                   Table 1--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
         Service Bulletin No.                    Page              Revision                  Date
----------------------------------------------------------------------------------------------------------------
CF34-AL S/B 73-0046..................
    Total Pages: 8                     All.....................           02  August 27, 2008.
CF34-BJ S/B 73-0062..................
    Total Pages: 8                     All.....................           02  August 27, 2008.
CF34-BJ S/B 72-0229..................
    Total Pages: 158                   All.....................           01  July 30, 2008.
CF34-BJ S/B 72-0230..................
    Total Pages: 153                   All.....................           01  July 30, 2008.
CF34-BJ S/B 72-0231..................
    Total Pages: 8                     All.....................           02  November 26, 2008.
CF34-AL S/B 72-0245..................
    Total Pages: 153                   All.....................           01  July 3, 2008.
CF34-AL S/B 72-0250..................
    Total Pages: 9                     All.....................           01  November 26, 2008.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register previously approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51, as of January 4, 2010.
    (2) For service information identified in this AD, contact
General Electric Company, GE-Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215, telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
e-mail<EMAIL_ADDRESS>    (3) You may review copies at the FAA, New England Region, 12 New
England Executive Park, Burlington, MA; 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.

    Issued in Burlington, Massachusetts, on December 29, 2009.
Francis A. Favara,
Manager, Engine and Propeller Directorate, Aircraft Certification
Service.
[FR Doc. E9-31274 Filed 1-7-10; 8:45 am]
BILLING CODE 4910-13-P


requiring that the associated person requesting
expungement appear personally at the expungement hearing; and
     requiring that the panel deciding the expungement request
provide enough detail in the award to explain its rationale for
including expungement relief in the award.
    The Commission ultimately received 19 comments from 13 commenters
in connection with the 2020 Rule Filing. The SEC received eight comment
letters in response to the initial 2020 Rule Filing.\264\ On December
18, 2020, FINRA responded to the comments and filed Partial Amendment
No. 1.\265\ On December 28, 2020, the SEC published a notice and order
in the Federal Register to solicit comments on the 2020 Rule Filing and
to institute proceedings to determine whether to approve or disapprove
the proposed rule change as modified by Partial Amendment No. 1.\266\
The SEC received nine comment letters in response to the Order.\267\ On
April 9, 2021 FINRA filed

its response to the comments on the Order and Partial Amendment No.
2.\268\ On May 18, 2021, FINRA filed a third response to comments.\269\
---------------------------------------------------------------------------

    \264\ Letter from Steven B. Caruso, Maddox Hargett & Caruso,
P.C., to Vanessa Countryman, Secretary, SEC, dated September 28,
2020; letter from Benjamin P. Edwards, Associate Professor of Law,
University of Nevada, Las Vegas, William S. Boyd School of Law, to
J. Matthew DeLesDernier, Assistant Secretary, SEC, dated October 12,
2020 (``Edwards 1''); letter from Dochtor D. Kennedy, President &
Founder, AdvisorLaw, LLC, to J. Matthew DeLesDernier, Assistant
Secretary, SEC, dated October 22, 2020 (``AdvisorLaw''); letter from
Lisa Hopkins, President, NASAA, to Vanessa Countryman, Secretary,
SEC, dated October 22, 2020 (``NASAA 1''); letter from Amanda
Skrelja, Paige Guarino, William Lapadula, and Zachary Dukoff, Legal
Interns & Elissa Germaine, Supervising Attorney, John Jay Legal
Services, Inc., Elizabeth Haub School of Law, PACE University, to J.
Matthew DeLesDernier, Assistant Secretary, SEC, dated October 22,
2020; letter from Kevin M. Carroll, Managing Director and Associate
General Counsel, SIFMA, to Vanessa A. Countryman, Secretary, SEC,
dated October 22, 2020; letter from Ruben Huertero, Legal Intern &
Christine Lazaro, Director of the Securities Arbitration Clinic and
Professor of Clinical Legal Education, St. John's University School
of Law, to Vanessa Countryman, Secretary, SEC, dated October 22,
2020; and letter from David P. Meyer, President, Public Investors
Advocate Bar Association, to Brent J. Fields, Secretary, SEC, dated
October 23, 2020 (``PIABA 1''). The comment letters are available at
https://www.sec.gov/comments/sr-finra-2020-030/srfinra2020030.htm.
    \265\ Letter from Mignon McLemore, Assistant General Counsel,
FINRA to Vanessa Countryman, Secretary, SEC, dated December 18,
2020, https://www.sec.gov/comments/sr-finra-2020-030/srfinra2020030-8163215-226938.pdf.
    \266\ See Securities Exchange Act Release No. 90734 (December
18, 2020), 85 FR 84396 (December 28, 2020) (Order Instituting
Proceedings to Determine Whether to Approve or Disapprove File No.
SR-FINRA-2020-030) (``Order'').
    \267\ Letter from Julius Z. Frager, to SEC, dated January 7,
2021; letter from Professor Lisa Miller, CEO, Lex Law Corporation,
to Vanessa Countryman, Secretary, SEC, dated January 7, 2021; letter
from Lisa Hopkins, President, NASAA, to Vanessa Countryman,
Secretary, SEC, dated January 18, 2021 (``NASAA 2''); letter from
Benjamin P. Edwards, Associate Professor of Law, University of
Nevada, Las Vegas, William S. Boyd School of Law, to J. Matthew
DeLesDernier, Assistant Secretary, SEC, dated January 19, 2021;
letter from Jason R. Doss, President & Celiza Brangan[ccedil]a,
Vice-President, the PIABA Foundation, Inc., to J. Matthew
DeLesDernier, Assistant Secretary, SEC, dated January 19, 2021
(``PIABA Foundation'') (PIABA Foundation is a separate entity from
PIABA); letter from Kevin M. Carroll, Managing Director and
Associate General Counsel, SIFMA, to Vanessa A. Countryman,
Secretary, SEC, dated January 19, 2021; letter from Lisa Hopkins,
President, NASAA, to Vanessa Countryman, Secretary, SEC, dated
January 28, 2021; letter from Barbara Roper, Director of Investor
Protection, Consumer Federation of America, to Vanessa A.
Countryman, Secretary, SEC, dated February 1, 2021; and letter from
David P. Meyer, President, PIABA, to J. Matthew DeLesDernier,
Assistant Secretary, SEC, dated February 2, 2021 (``PIABA 2). The
comment letters are available at https://www.sec.gov/comments/sr-finra-2020-030/srfinra2020030.htm.
    \268\ Letter from Mignon McLemore, Associate General Counsel,
FINRA to Vanessa Countryman, Secretary, SEC, dated April 9, 2021,
https://www.sec.gov/comments/sr-finra-2020-030/srfinra2020030-8658196-235191.pdf.
    \269\ Letter from Mignon McLemore, Associate General Counsel,
FINRA to Vanessa Countryman, Secretary, SEC, dated May 18, 2021
(``Response''), https://www.sec.gov/comments/sr-finra-2020-030/srfinra2020030-8811356-238001.pdf. Following the Response and prior
to the deadline for Commission action on the 2020 Rule Filing, the
SEC received one additional comment letter. See letter from David P.
Meyer, President, PIABA, Jason R. Doss, President, PIABA Foundation
& Lisa Brangan[ccedil]a, Vice-President, PIABA Foundation, to J.
Matthew DeLesDernier, Assistant Secretary, SEC, dated May 19, 2021
(``PIABA 3'').
---------------------------------------------------------------------------

    In general, the commenters on the 2020 Rule Filing suggested that
the proposed changes to the expungement process would be beneficial.
However, most of the commenters recommended alternative approaches or
modifications to further protect the information in the CRD system and
address the fact that many straight-in requests are unopposed. The
commenters' recommendations generally focused on replacing the current
expungement process with an administrative process; allowing state
securities regulators to participate in expungement hearings in the DRS
arbitration forum; embedding an independent advocate into the
expungement process in the DRS arbitration forum; requiring that
associated persons meet a higher standard to obtain an expungement
award; requiring a unanimous decision of the arbitrators to award
expungement; providing financial incentives to encourage customer
participation in expungement proceedings; shortening the time limits
within which associated persons may request expungement; and requiring
that the associated person appear at the expungement hearing in person.
Some commenters, in contrast, suggested that the proposed time limits
were arbitrarily short; that the arbitrators should be required to
provide an explanation when denying expungement; or that the
arbitrators should not be limited to awarding expungement on the
grounds set forth in FINRA Rule 2080(b)(1).
    On May 28, 2021, following discussions with SEC staff, FINRA
withdrew the 2020 Rule Filing and Partial Amendments Nos. 1 and 2 in
order to consider whether modifications to the proposal would be
appropriate in response to concerns raised by the commenters and SEC
staff.\270\
---------------------------------------------------------------------------

    \270\ Withdrawal of Proposed Rule Change (May 28, 2021), https://www.finra.org/sites/default/files/2021-05/SR-FINRA-2020-030-Withdrawal.pdf. Following FINRA's withdrawal of the 2020 Rule
Filing, the SEC received two additional comment letters. See letter
from Kevin M. Carroll, Managing Director and Associate General
Counsel, SIFMA, to Vanessa A. Countryman, Secretary, SEC, dated May
6, 2022 and letter from Anonymous, to J. Matthew DeLesDernier,
Assistant Secretary, SEC, dated July 19, 2021.
---------------------------------------------------------------------------

    While the proposed rule change retains many of the significant
enhancements proposed in the 2020 Rule Filing, the proposed rule change
makes several key additional changes that would materially mitigate a
number of the concerns with the current expungement process identified
above and by commenters on the 2020 Rule Filing. These additional
enhancements include: (1) providing a mechanism for state securities
regulators to attend and participate in expungement hearings in
straight-in requests; \271\ (2) requiring that arbitrators unanimously
agree to issue an award containing expungement relief based on one or
more grounds specified in the rule; \272\ (3) shortening the time
period for requesting expungement of a customer complaint from six
years to three years after the date a customer complaint is initially
reported in the CRD system; \273\ and (4) requiring an associated
person who is seeking expungement to appear at the expungement hearing
in person or by video conference to further enhance the ability of the
arbitrator or panel to assess the credibility of the associated
person.\274\ Each of the proposed changes is discussed in detail above
under Item II.A.1.II.
---------------------------------------------------------------------------

    \271\ In the 2020 Rule Filing, FINRA did not provide a mechanism
for state securities regulators to attend and participate in
expungement hearings. NASAA 1 stated that the 2020 Rule Filing
``fail[ed] to provide a pathway to contest the expungement relief
during the arbitration should a state determine it is appropriate to
do so.'' NASAA 2 also stated that notification would ``allow NASAA
members additional time to evaluate the request and determine the
appropriate regulatory response, including but not limited to
investigations, enforcement actions, or intervention in subsequent
court proceedings seeking to confirm an award.'' In addition, PIABA
2 and the PIABA Foundation stated that the 2020 Rule Filing ``should
provide state securities regulators with notice of the expungement
request at the time that the petition for expungement is filed and
give them a meaningful opportunity to participate in the arbitration
proceeding--either by permitting them to intervene in the
arbitrations directly or permitting them to participate indirectly
through'' an independent advocate. See also PIABA 3 (stating that
``state securities regulators and customers [should] have a
meaningful opportunity to participate in these expungement
proceedings directly or through an advocate so that, when
appropriate, evidence opposing expungement can be presented to
arbitrators.'').
    \272\ Consistent with arbitration cases generally, the 2020 Rule
Filing would have required a majority decision of the arbitrators to
award expungement. See FINRA Rules 12904(a) and 13904(a). PIABA 1
and NASAA 1 suggested that a majority decision was inconsistent with
expungement being an extraordinary remedy, that it undercut the goal
of helping to preserve valuable information in the CRD system, and
that a divided panel decision would indicate that there is doubt
that the associated person has met this high burden. Similarly,
Edwards 1 stated that allowing majority decisions ``insufficiently
protects the public's vital interest in information'' and ``fails to
communicate that expungement should only be recommended in truly
extraordinary cases.''
    \273\ In the 2020 Rule Filing, FINRA proposed time limits to
request expungement in straight-in requests: (1) within two years of
the close of a customer arbitration or civil litigation that gave
rise to the customer dispute information and (2) within six years of
the date a customer complaint was initially reported in the CRD
system. PIABA 1 and NASAA 1 supported a shorter one-year time limit
for all expungement requests. PIABA 1 stated that the longer time
provided in the 2020 Rule Filing would ``degrade the quality of
evidence for a panel to consider in making an expungement
determination and decrease the likelihood that the customer will
participate in the hearing.'' PIABA 1 also stated that firms do not
``need six years to complete investigations of customer complaints
and close them in the CRD system (emphasis in original).'' Contra
AdvisorLaw (stating that the proposed limitations in the 2020 Rule
Filing were ``arbitrary'' and that ``the accuracy of the information
contained within the CRD system has no relationship to the age of
that information'').
    \274\ The 2020 Rule Filing would have allowed the arbitrators to
determine whether the associated person would appear at the
expungement hearing by telephone, in person or by video conference.
NASAA 1 commented that the associated person should appear in person
and that they should not be able to appear ``by telephone or, as a
matter of course, videoconference.''
---------------------------------------------------------------------------

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-FINRA-2022-024 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2022-024. 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 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of FINRA. All comments received will be
posted without change. Persons submitting comments are cautioned that
we do not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
FINRA-2022-024 and should be submitted on or before September 6, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\275\
---------------------------------------------------------------------------

    \275\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-17430 Filed 8-12-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Notices]
[Page 68590-68591]
[DOCID:fr27no06-75]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP98-18-024]

Iroquois Gas Transmission System, L.P.; Notice of Compliance
Filing

November 16, 2006.
    Take notice that on November 9, 2006, Iroquois Gas Transmission
System, L.P. (Iroquois) tendered for filing as part of its FERC Gas
Tariff, First Revised Volume No. 1, Fourth Revised Sheet No. 10, to be
effective on December 10, 2006:
    Iroquois states that the filing is being made in compliance with
the Commission's order issued on October 25, 2006, in Docket No. RP98-
18-021.
    Any person desiring to protest this filing must file in accordance
with Rule

211 of the Commission's Rules of Practice and Procedure (18 CFR
385.211). Protests to this filing will be considered by the Commission
in determining the appropriate action to be taken, but will not serve
to make protestants parties to the proceeding. Such protests must be
filed in accordance with the provisions of Section 154.210 of the
Commission's regulations (18 CFR 154.210). Anyone filing a protest must
serve a copy of that document on all the parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-19919 Filed 11-24-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: June 10, 2010 (Volume 75, Number 111)]
[Rules and Regulations]
[Page 32855-32857]
[DOCID:fr10jn10-6]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0475]
RIN 1625-AA00

Safety Zone; Pierce County, WA, Department of Emergency
Management, Regional Water Exercise

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Pierce County, Washington, Department of Emergency
Management is sponsoring a Regional Water Rescue Exercise in the waters
of East Passage near Browns Point. A safety zone is necessary to ensure
the safety of participating vessels and participants in the water by
restricting traffic from passing within 900 yards of the exercise area,
and restricting deep draft vessels from creating a wake near the
exercise.

DATES: This rule is effective from 7 a.m. until 8 p.m. on June 10, 2010
unless cancelled sooner by the Captain of the Port (COTP).

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0475 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0475 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LTJG Ian Hanna, Sector Seattle Waterways
Management, Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is necessary to
ensure safety of participants in the Pierce County Regional Water
Rescue Exercise.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment; therefore, a 30-day notice is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels
involved in the Pierce County Regional Water Rescue Exercise, and
enhancing public and maritime safety.

Basis and Purpose

    The Pierce County, Washington, Department of Emergency Management
is sponsoring a Regional Water Rescue Exercise in the waters of East
Passage near Browns Point. The exercise will involve many small
response craft training and practicing search and rescue techniques
with people in the water. The exercise takes place in an unsheltered
area in the vicinity of vessel traffic, which poses hazards to
participating vessels and participants. A safety zone will mitigate
these hazards by restricting traffic from passing too close to the
exercise area, and from creating large wakes near the exercise.

Discussion of Rule

    This rule establishes a temporary safety zone on all waters of East
Passage encompassed within 900 yards of Browns Point, Washington in
position 47[deg]18.354' N, 122[deg]27.654' W (NAD 83). The Regional
Water Rescue Exercise will include nineteen various government agencies
with over two hundred personnel practicing water rescue, search and
rescue, dive rescue, law enforcement searches, dewatering exercises and
will involve persons in the water. Vessel operators are prohibited from
entering or remaining in the safety zone unless authorized by the COTP,
Puget Sound, or Designated Representative. The COTP will be assisted in
the enforcement of the zone by other federal, state, and/or local
agencies. Any vessel not participating in the Water Rescue Exercise
wishing to transit the area during the effective time of this Safety
Zone must coordinate

with an on scene Patrol Commander. Additionally, any vessel traffic
transiting the area shall do so at a speed that minimizes wake in the
exercise area.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    The Coast Guard bases this finding on the fact that the safety zone
will be in place for a limited period of time and maritime traffic will
still be able to transit around the zone. Maritime traffic may request
permission to transit through the zone from the Captain of the Port,
Puget Sound or Designated Representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
operate near Browns Point, Washington between 7 a.m. and 8 p.m. on June
10, 2010. This rule will not have a significant economic impact on a
substantial number of small entities, because the safety zone is short
in duration and maritime traffic will be able to transit around the
safety zone. Maritime traffic may also request permission to transit
through the zone from the Captain of the Port, Puget Sound or
Designated Representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(f), of
the Instruction. This rule involves the establishment of a temporary
safety zone. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1

0
2. Add Sec.  165.T13-146 to read as follows:

Sec.  165.T13-146  Safety Zone; Pierce County, Washington, Department
of Emergency Management, Regional Water Exercise.

    (a) Location. All waters of East Passage encompassed within 900
yards of Browns Point, Washington in position 47[deg]18.354' N.,
122[deg]27.654' W. (NAD 83).
    (b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no vessel operator may enter or remain in the
safety zone without the permission of the Captain of the Port or
Designated Representative. The Captain of the Port may be assisted by
other federal, state, or local agencies with the enforcement of the
safety zone. Additionally, any vessel traffic transiting the area shall
do so at a speed that minimizes wake in the safety zone.
    (c) Authorization. All vessel operators who desire to enter the
safety zone must obtain permission from the Captain of the Port or
Designated Representative by contacting the South Sound Water Exercise
Control on VHF Channel 22 or via telephone at<PHONE_NUMBER>. Vessel
operators granted permission to enter the zone will be escorted by the
on-scene patrol craft until they are outside of the safety zone and may
not cause a wake while in the zone.
    (d) Enforcement Period. This rule is effective from 7 a.m. until 8
p.m. on June 10, 2010, unless canceled sooner by the Captain of the
Port.

    Dated: May 27, 2010.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-13911 Filed 6-9-10; 8:45 am]
BILLING CODE 9110-04-P