[Federal Register Volume 85, Number 99 (Thursday, May 21, 2020)]
[Proposed Rules]
[Pages 30891-30893]
[FR Doc No: 2020-10907]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0994; Product Identifier 2017-SW-002-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.

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SUMMARY: The FAA is revising an earlier proposed airworthiness
directive (AD) for Airbus Helicopters Model SA330J helicopters that
proposed to require replacing certain left-hand (LH) and right-hand
(RH) hydraulic pumps. The NPRM was prompted by reports that bolts that
attach the cover of the hydraulic pump were broken. This action revises
the NPRM by expanding the applicability, changing the proposed
requirements, and correcting nomenclature. Since this imposes an
additional burden over that proposed in the NPRM, the FAA is reopening
the comment period to allow the public the chance to comment on these
changes.

DATES: The FAA must receive comments on this SNPRM by July 20, 2020.

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

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0994; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this proposed AD, the European Aviation Safety Agency (now European
Union Aviation Safety Agency) (EASA) AD, any comments received, and
other information. The street address for Docket Operations is listed
above. Comments will be available in the AD docket shortly after
receipt.
    For service information identified in this proposed rule, contact
Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at https://www.airbus.com/helicopters/services/technical-support.html. You may
view the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177.

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

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views. The FAA also invites comments
relating to the economic, environmental, energy, or federalism impacts
that might result from adopting the proposals in this document. The
most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. To ensure the docket does not contain duplicate comments,
commenters should send only one copy of written comments, or if
comments are filed electronically, commenters should submit only one
time.
    The FAA will file in the docket all comments received, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal,
the FAA will consider all comments received on or before the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this proposal in light of the
comments received.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to remove AD 2017-14-05, Amendment 39-18949 (82 FR 31899,
July 11, 2017) (``AD 2017-14-05'') and add a new AD. AD 2017-14-05
applies to Airbus Helicopters Model SA330J helicopters with certain
serial-numbered LH and RH hydraulic pumps part number (P/N)
FR65WEO2005-175A installed. EASA, which is the Technical Agent for the
Member States of the European Union, had issued EASA Emergency AD No.
2016-0264-E, dated December 22, 2016 (EASA AD 2016-0264-E), which
prompted AD 2017-14-05. EASA had advised of reports of broken screws
(bolts) that attach the cover of the hydraulic pump. Subsequent
investigation identified a batch of screws that have intrinsic
embrittlement and reduced mechanical properties because hydrogen was
introduced into this batch of screws during production. Accordingly, AD
2017-14-05 requires replacing the RH hydraulic pump within 15 hours
time-in-service (TIS) and prohibits the installation of an affected
hydraulic pump on any helicopter. The actions of AD 2017-14-05 are
intended to prevent failure of a hydraulic pump cover attachment bolt,
which could result in loss of fluid from the hydraulic pump, loss of
the hydraulic system, and subsequent loss of control of the helicopter.
    AD 2017-14-05 requires shorter-term requirements that did not allow
enough time to provide notice and opportunity for prior public comment.
The NPRM was issued to add a longer-term

requirement that allowed enough time to provide notice and opportunity
for prior public comment. The NPRM published in the Federal Register on
October 21, 2019 (84 FR 56152), and proposed to require replacing an
affected RH hydraulic pump within 15 hours TIS from July 26, 2017 (the
effective date of AD 2017-14-05), replacing an affected LH hydraulic
pump within 110 hours TIS, and also proposed to prohibit installing an
affected hydraulic pump on any helicopter.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, it was determined that the NPRM
addressed only helicopters with affected hydraulic pumps installed on
both the LH and RH sides. However, the FAA intended to include
helicopters that have only one affected hydraulic pump installed on
either the LH or RH side as well. This SNPRM expands the applicability
to include helicopters that have an affected hydraulic pump on one or
both sides and changes the proposed requirements to address helicopters
with an affected hydraulic pump installed on only one side. Further,
the nomenclature of ``screw'' has been corrected to ``bolt'' in this
SNPRM.
    Additionally, since the FAA issued the NPRM, the website address
for Airbus Helicopters has changed.

Comments

    After the NPRM was published, the FAA received comments from two
commenters. However, the comments addressed neither the proposed
actions nor the determination of the cost to the public. Therefore, the
FAA has made no changes based on these comments.

FAA's Determination

    The FAA is proposing this SNPRM after evaluating all known relevant
information and determining that an unsafe condition is likely to exist
or develop on other helicopters of these same type designs. Certain
changes described above expand the scope of the original NPRM. As a
result, the FAA has determined that it is necessary to reopen the
comment period to provide additional opportunity for the public to
comment on this SNPRM.

Related Service Information

    The FAA reviewed Airbus Helicopters Emergency Alert Service
Bulletin No. SA330-29.12, Revision 0, dated December 22, 2016, which
specifies removing Nexter Mechanics hydraulic pumps P/N FR65WEO2005-
175A with certain serial numbers (S/Ns). If both the RH and LH
hydraulic pumps have an affected P/N and S/N, the service information
specifies replacing the RH hydraulic pump before further flight and the
LH hydraulic pump within 110 flying hours or 6 months. If only one
hydraulic pump has an affected P/N and S/N, the service information
specifies replacing it within 110 flying hours or 6 months. The service
information also specifies that, for 6 months after receipt of the
service information, an affected hydraulic pump must be ``returned to
conformity'' by complying with Nexter Mechanics Alert Service Bulletin
No. NM/INGE/16-140, Revision 0, dated December 22, 2016, before
installation.

Proposed Requirements of the SNPRM

    For helicopters with an affected hydraulic pump installed on both
the LH and RH sides, this SNPRM would require replacing the RH
hydraulic pump within 15 hours TIS from July 26, 2017 (the effective
date of AD 2017-14-05) and replacing the LH hydraulic pump within 110
hours TIS. For helicopters with an affected hydraulic pump installed on
either the LH or RH side, this SNPRM would require replacing the
affected hydraulic pump within 110 hours TIS. This SNPRM would also
prohibit installation of an affected hydraulic pump on any helicopter.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 24 helicopters
of U.S. Registry. Labor costs are estimated at $85 per work-hour. Based
on these numbers, the FAA estimates that operators may incur the
following costs in order to comply with this proposed AD.
    Replacing a hydraulic pump would take about 2 work-hours and parts
would cost about $2,500 for an estimated cost of $2,670 per hydraulic
pump.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2017-14-05, Amendment 39-18949 (82 FR 31899, July 11, 2017), and adding
the following new AD:

Airbus Helicopters: Docket No. FAA-2018-0994; Product Identifier
2017-SW-002-AD.

(a) Applicability

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

(b) Unsafe Condition

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

(c) Affected ADs

    This AD replaces AD 2017-14-05, Amendment 39-18949 (82 FR 31899,
July 11, 2017) (``AD 2017-14-05'').

(d) Comments Due Date

    The FAA must receive comments on this SNPRM by July 20, 2020.

(e) Compliance

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

(f) Required Actions

    (1) For helicopters with both a LH and RH hydraulic pump that is
listed in paragraph (a) of this AD installed:
    (i) Within 15 hours time-in-service (TIS) from July 26, 2017
(the effective date of AD 2017-14-05), replace the RH hydraulic pump
with an airworthy hydraulic pump that is not listed in paragraph (a)
of this AD.
    (ii) Within 110 hours TIS from the effective date of this AD,
replace the LH hydraulic pump with an airworthy hydraulic pump that
is not listed in paragraph (a) of this AD.
    (2) For helicopters with either a LH or RH hydraulic pump that
is listed in paragraph (a) of this AD installed, within 110 hours
TIS from the effective date of this AD, replace the hydraulic pump
with an airworthy hydraulic pump that is not listed in paragraph (a)
of this AD.
    (3) After July 26, 2017 (the effective date of AD 2017-14-05),
do not install on any helicopter a hydraulic pump that is listed in
paragraph (a) of this AD.

(g) Special Flight Permits

    Special flight permits are prohibited.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this AD. Send your proposal to:
Matt Fuller, Senior Aviation Safety Engineer, Safety Management
Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, the FAA suggests
that you notify your principal inspector, or lacking a principal
inspector, the manager of the local flight standards district office
or certificate holding district office, before operating any
aircraft complying with this AD through an AMOC.

(i) Additional Information

    (1) Airbus Helicopters Emergency Alert Service Bulletin No.
SA330-29.12, Revision 0, dated December 22, 2016, and Nexter
Mechanics Alert Service Bulletin No. NM/INGE/16-140, Revision 0,
dated December 22, 2016, which are not incorporated by reference,
contain additional information about the subject of this AD. For
service information identified in this AD, contact Airbus
Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052; telephone
972-641-0000 or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at https://www.airbus.com/helicopters/services/technical-support.html. You may
view a copy of the service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in European Aviation
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD
No. 2016-0264-E, dated December 22, 2016. You may view the EASA AD
on the internet at https://www.regulations.gov in Docket No. FAA-
2018-0994.

(j) Subject

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

    Issued on May 15, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-10907 Filed 5-20-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: June 3, 2008 (Volume 73, Number 107)]
[Notices]
[Page 31697-31698]
[DOCID:fr03jn08-50]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-E-0458 (formerly Docket No. 2007E-0144) and Docket
No. FDA-2007-E-0460 (formerly Docket No. 2007E-0176)]

Determination of Regulatory Review Period for Purposes of Patent
Extension; VEREGEN

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) has determined the
regulatory review period for VEREGEN and is publishing this notice of
that determination as required by law. FDA has made the determination
because of the submission of applications to the Director of Patents
and Trademarks, Department of Commerce, for the extension of patents
which claim that human drug product.

ADDRESSES: Submit written comments and petitions to the Division of
Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments
to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg
51, rm. 6222, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term
Restoration Act of 1984 (Public Law 98-417) and the Generic Animal Drug
and Patent Term Restoration Act (Public Law 100-670) generally provide
that a

patent may be extended for a period of up to 5 years so long as the
patented item (human drug product, animal drug product, medical device,
food additive, or color additive) was subject to regulatory review by
FDA before the item was marketed. Under these acts, a product's
regulatory review period forms the basis for determining the amount of
extension an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the human drug product becomes effective and runs
until the approval phase begins. The approval phase starts with the
initial submission of an application to market the human drug product
and continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of Patents and
Trademarks may award (for example, half the testing phase must be
subtracted as well as any time that may have occurred before the patent
was issued), FDA's determination of the length of a regulatory review
period for a human drug product will include all of the testing phase
and approval phase as specified in 35 U.S.C. 156(g)(1)(B).
    FDA approved for marketing the human drug product VEREGEN
(kunecatechins). VEREGEN is indicated for the topical treatment of
external genital and perianal warts in immunocompetent patients 18
years and older. Subsequent to this approval, the Patent and Trademark
Office received patent term restoration applications for VEREGEN (U.S.
Patent Nos. 5,795,911 and 5,968,973) from Mitsui Norin Co., Ltd., and
Cancer Institute (Hospital), Chinese Academy of Medical Sciences, and
the Patent and Trademark Office requested FDA's assistance in
determining these patents' eligibility for patent term restoration. In
a letter dated July 24, 2007, FDA advised the Patent and Trademark
Office that this human drug product had undergone a regulatory review
period and that the approval of VEREGEN represented the first permitted
commercial marketing or use of the product. Shortly thereafter, the
Patent and Trademark Office requested that FDA determine the product's
regulatory review period.
    FDA has determined that the applicable regulatory review period for
VEREGEN is 3,002 days. Of this time, 2,605 days occurred during the
testing phase of the regulatory review period, while 397 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (the act) (21 U.S.C. 355(i)) became effective:
August 14, 1998. The applicant claims August 13, 1998, as the date the
investigational new drug application (IND) became effective. However,
FDA records indicate that the IND effective date was August 14, 1998,
which was 30 days after FDA receipt of the IND.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the act: September 30,
2005. The applicant claims September 23, 2005, as the date the new drug
application (NDA) for VEREGEN (NDA 21-902) was initially submitted.
However, FDA records indicate that NDA 21-902 was submitted on
September 30, 2005.
    3. The date the application was approved: October 31, 2006. FDA has
verified the applicant's claim that NDA 21-902 was approved on October
31, 2006.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the U.S.
Patent and Trademark Office applies several statutory limitations in
its calculations of the actual period for patent extension. In its
application for patent extension, this applicant seeks 1,300 days of
patent term extension.
    Anyone with knowledge that any of the dates as published are
incorrect may submit to the Division of Dockets Management (see
ADDRESSES) written or electronic comments and ask for a redetermination
by August 4, 2008. Furthermore, any interested person may petition FDA
for a determination regarding whether the applicant for extension acted
with due diligence during the regulatory review period by December 1,
2008. To meet its burden, the petition must contain sufficient facts to
merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d
sess., pp. 41-42, 1984.) Petitions should be in the format specified in
21 CFR 10.30.
    Comments and petitions should be submitted to the Division of
Dockets Management. Three copies of any mailed information are to be
submitted, except that individuals may submit one copy. Comments are to
be identified with the docket number found in brackets in the heading
of this document. Comments and petitions may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
    Please note that on January 15, 2008, the FDA Division of Dockets
Management Web site transitioned to the Federal Dockets Management
System (FDMS). FDMS is a Government-wide, electronic docket management
system. Electronic comments or submissions will be accepted by FDA
through FDMS only.

    Dated: April 28, 2008.
Jane A. Axelrad,
Associate Director for Policy, Center for Drug Evaluation and Research.
[FR Doc. E8-12296 Filed 6-2-08; 8:45 am]

BILLING CODE 4160-01-S


TRI Facility ID:

Toxic Chemical or Category:

Section 1.1. CAS Number or N Category Code: Section 1.2. Toxic Chemical or Chemical Category Name: Section 1.3. o NA Trade Secrets ONLY: Generic Name / Mixture Identity: / Section 1.4. o NA For Dioxin and Dioxin like Compounds ONLY, distribution of each member ( see instructions): 1___ 2___ 3___ 4___ 5___ 6___ 7___ 8___ 9___ 10___ 11___ 12___ 13___ 14___ 15___ 16___ 17___

Section 2. Activities and uses of the toxic chemical at the facility ( check all that apply) 2.1. Manufacture 2.2 Process . 2.3. Otherwise Use: o a. Produce or o b. Import o a. As a reactant . o   a. As a Chemical processing aid If produce or import, check all that apply: o b. As a formulation component . o   b. As a manufacturing aid o   c. On site use/ processing o c. As an article component . o   c. Ancillary or other use o   d. For sale/ distribution o d. Repackaging . o   e. As a byproduct o e. As an impurity . o   f. As an impurity Section 3.1. o NA Facility source reduction activities Source Reduction Code Methods to identify activity Code( s) 3.1.1. Code: W## a. T## b. T## c. T## 3.1.2. Code: W## a. T## b. T## c. T## 3.1.3. Code: W## a. T## b. T## c. T## 3.1.4. Code: W## a. T## b. T## c. T## Section 3.2 There is additional info on source reduction, recycling, or pollution control activities included Yes / No Section 4. o NA On site Waste Treatment Methods and Efficiency a. Waste Stream Code b. Waste Treatment Sequence Codes c. Range of Influent Concentration d. Waste Treatment Efficiency e. Based on Operating Data 4.1 Code: A, S, L, or W 1, 2, 3, 4, 5, 6, 7, 8 1 5 0 100% Yes / No 4.2 Code: A, S, L, or W 1, 2, 3, 4, 5, 6, 7, 8 1 5 0 100% Yes / No 4.3 Code: A, S, L, or W 1, 2, 3, 4, 5, 6, 7, 8 1 5 0 100% Yes / No 4.4 Code: A, S, L, or W 1, 2, 3, 4, 5, 6, 7, 8 1 5 0 100% Yes / No 4.5 Code: A, S, L, or W 1, 2, 3, 4, 5, 6, 7, 8 1 5 0 100% Yes / No Section 5.1. o NA Transfers of Toxic Chemical in wastes to off site POTWs Code 5.1. a POTW Name __________________________ Address __________________________ City _______________ County _________________ State ____ Zip _________ Code 5.1. b POTW Name __________________________ Address __________________________ City _______________ County _________________ State ____ Zip _________

Section 5.2. o NA Transfers of Toxic Chemical in wastes to other off site locations Code 5.2. a Offsite Name ___________________________ Address ________________________________ City _______________ County _________________ State ____ Zip _________ EPA ( RCRA) No. _________________ non US country _____ Under control of parent company Yes / No Code 5.2. b Offsite Name ___________________________ Address ________________________________ City _______________ County _________________ State ____ Zip _________ EPA ( RCRA) No. _________________ non US country _____ Under control of parent company Yes / No Code 5.2. c Offsite Name ___________________________ Address ________________________________ City _______________ County _________________ State ____ Zip _________ EPA ( RCRA) No. _________________ non US country _____ Under control of parent company Yes / No Code 5.2. d Offsite Name ___________________________ Address ________________________________ City _______________ County _________________ State ____ Zip _________ EPA ( RCRA) No. _________________ non US country _____ Under control of parent company Yes / No EPA Form R Page 2A of 4 Part II. CHEMICAL SPECIFIC INFORMATION TRI Facility ID:

Toxic Chemical or Category:

Section Type of Release / Treatment NA pounds/ year Estimate Code Offsite Code 6.1 AIR RELEASES 6.1.1 Fugitive or non point air emissions o 99 C, E, M, O 6.1.2 Stack or point air emissions o 99 C, E, M, O 6.1 Total Air Releases < calculation> o sum() 6.2 WATER RELEASES 6.2.1. a Discharges to POTW o 99 C, E, M, O 5.1. x 6.2.1. b Discharges to POTW 99 C, E, M, O 5.1. x 6.2.2 Discharges to streams or water bodies o Stormwater % 6.2.2. a River or Body of water name 99 C, E, M, O 0 100% 6.2.2. b River or Body of water name 99 C, E, M, O 0 100% 6.2.2. c River or Body of water name 99 C, E, M, O 0 100% 6.2 Total Water Releases < calculation> o sum() 6.3 On Site LAND RELEASES 6.3.1 Underground injection on site to Class I wells o 99 C, E, M, O 6.3.2 Underground injection on site to Class II V wells o 99 C, E, M, O 6.3.3 RCRA Subtitle C landfills o 99 C, E, M, O 6.3.4 Other landfills o 99 C, E, M, O 6.3.5 Land treatment/ application farming o 99 C, E, M, O 6.3.6 RCRA Subtitle C surface impoundment o 99 C, E, M, O 6.3.7 Other surface impoundment o 99 C, E, M, O 6.3.8 Other disposal o 99 C, E, M, O 6.3 Total On site Land Releases < calculation> o sum() 6.3 Off Site LAND RELEASES 7.1.1. a Underground injection off site to Class I wells o 99 C, E, M, O 5.2. x 7.1.1. b Underground injection off site to Class I wells 99 C, E, M, O 5.2. x 7.1.2. a Underground injection off site to Class II V wells o 99 C, E, M, O 5.2. x 7.1.2. b Underground injection off site to Class II V wells 99 C, E, M, O 5.2. x 7.1.3. a RCRA Subtitle C landfills o 99 C, E, M, O 5.2. x 7.1.3. b RCRA Subtitle C landfills 99 C, E, M, O 5.2. x 7.1.4. a Other landfills o 99 C, E, M, O 5.2. x 7.1.4. b Other landfills 99 C, E, M, O 5.2. x 7.1.5. a Land treatment o 99 C, E, M, O 5.2. x 7.1.5. b Land treatment 99 C, E, M, O 5.2. x 7.1.6. a RCRA Subtitle C surface impoundment o 99 C, E, M, O 5.2. x 7.1.6. b RCRA Subtitle C surface impoundment 99 C, E, M, O 5.2. x 7.1.7. a Other surface impoundment o 99 C, E, M, O 5.2. x 7.1.7. b Other surface impoundment 99 C, E, M, O 5.2. x 7.1.8. a Other land disposal o 99 C, E, M, O 5.2. x 7.1.8. b Other land disposal 99 C, E, M, O 5.2. x 7.1.9. a Storage only o 99 C, E, M, O 5.2. x 7.1.9. b Storage only 99 C, E, M, O 5.2. x 7.1.10. a Solidification/ stabilization metals only o 99 C, E, M, O 5.2. x 7.1.10. b Solidification/ stabilization metals only 99 C, E, M, O 5.2. x 7.1.11. a Wastewater treatment ( not POTW)  metals only o 99 C, E, M, O 5.2. x 7.1.11. b Wastewater treatment ( not POTW)  metals only 99 C, E, M, O 5.2. x 7.1.12. a Other off site management o 99 C, E, M, O 5.2. x 7.1.12. b Other off site management 99 C, E, M, O 5.2. x 7.1.13. a Transfer to waste broker for disposal o 99 C, E, M, O 5.2. x 7.1.13. b Transfer to waste broker for disposal 99 C, E, M, O 5.2. x 7.1.14. a Unknown disposal o 99 C, E, M, O 5.2. x 7.1.14. b Unknown disposal 99 C, E, M, O 5.2. x 7.1 Total Off site Land Releases < calculation> o sum() 7.2 On Site TREATMENT 7.2.1 Incineration/ thermal treatment o 99 C, E, M, O 7.2.2 Destruction in an air stream o 99 C, E, M, O 7.2.3 Biological treatment o 99 C, E, M, O 7.2.4 Chemical treatment o 99 C, E, M, O 7.2 Total On site Treatment < calculation> o sum() EPA Form R Page 3A of 4 Part II. CHEMICAL SPECIFIC INFORMATION TRI Facility ID:

Toxic Chemical or Category:

Section Type of Release / Treatment NA pounds/ year Estimate Code Offsite Code Onsite Code 7.3 Off Site TREATMENT 7.3.2. a Solidification/ stabilization o 99 C, E, M, O 5.2. x 7.3.2. b Solidification/ stabilization 99 C, E, M, O 5.2. x 7.3.3. a Incineration/ thermal treatment o 99 C, E, M, O 5.2. x 7.3.3. b Incineration/ thermal treatment 99 C, E, M, O 5.2. x 7.3.4. a Incineration/ insignificant fuel value o 99 C, E, M, O 5.2. x 7.3.4. b Incineration/ insignificant fuel value 99 C, E, M, O 5.2. x 7.3.5. a Wastewater treatment ( at POTWs) o 99 C, E, M, O 5.2. x 7.3.5. b Wastewater treatment ( at POTWs) 99 C, E, M, O 5.2. x 7.3.6. a Wastewater treatment ( excluding o 99 C, E, M, O 5.2. x 7.3.6. b Wastewater treatment ( excluding 99 C, E, M, O 5.2. x 7.3.7. a Other waste treatment o 99 C, E, M, O 5.2. x 7.3.7. b Other waste treatment 99 C, E, M, O 5.2. x 7.3.8. a Transfer to waste broker  waste treatment o 99 C, E, M, O 5.2. x 7.3.8. b Transfer to waste broker  waste treatment 99 C, E, M, O 5.2. x 7.3 Total Off site Treatment < calculation> o sum() 7.4 On Site ENERGY RECOVERY 7.4.1 Energy recovery in kiln, furnace, or boiler o 99 C, E, M, O U##, U##... 7.4 Total On site Energy Recovery < calculation> o sum() 7.5 Off Site ENERGY RECOVERY 7.5.1. a Energy recovery o 99 C, E, M, O 5.2. x 7.5.1. b Energy recovery 99 C, E, M, O 5.2. x 7.5.2. a Transfer to waste broker  energy recovery o 99 C, E, M, O 5.2. x 7.5.2. b Transfer to waste broker  energy recovery 99 C, E, M, O 5.2. x 7.5 Total Off site Energy Recovery < calculation> o sum() 7.6 On Site RECYCLING 7.6.1 Solvents/ organics recovery o 99 C, E, M, O R##, R##... 7.6.2 Metals recovery o 99 C, E, M, O R##, R##... 7.6.3 Acid regeneration o 99 C, E, M, O R##, R##... 7.6.4 Other reuse or recovery o 99 C, E, M, O R##, R##... 7.6 Total On site Recycling < calculation> o sum() 7.7 Off Site RECYCLING 7.7.1. a Solvents/ Organics Recovery o 99 C, E, M, O 5.2. x 7.7.1. b Solvents/ Organics Recovery 99 C, E, M, O 5.2. x 7.7.2. a Metals Recovery o 99 C, E, M, O 5.2. x 7.7.2. b Metals Recovery 99 C, E, M, O 5.2. x 7.7.3. a Other Reuse or Recovery o 99 C, E, M, O 5.2. x 7.7.3. b Other Reuse or Recovery 99 C, E, M, O 5.2. x 7.7.4. a Acid Regeneration o 99 C, E, M, O 5.2. x 7.7.4. b Acid Regeneration 99 C, E, M, O 5.2. x 7.7.5. a Transfer to waste broker  Recycling o 99 C, E, M, O 5.2. x 7.7.5. b Transfer to waste broker  Recycling 99 C, E, M, O 5.2. x 7.7 Total Off site Recycling < calculation> o sum() Section 8. Summary Section ( pounds/ year) NA Prior Year Current Year Next Year 2 Years Out 8.1 Total Air Releases < calculation> o 99 sum() 99 99 8.2 Total Water Releases < calculation> o 99 sum() 99 99 8.3. a Total On site Land Releases < calculation> o 99 sum() 99 99 8.3. b Total Off site Land Releases < calculation> o 99 sum() 99 99 8.4. a Total On site Treatment < calculation> o 99 sum() 99 99 8.4. b Total Off site Treatment < calculation> o 99 sum() 99 99 8.5. a Total On site Energy Recovery < calculation> o 99 sum() 99 99 8.5. b Total Off site Energy Recovery < calculation> o 99 sum() 99 99 8.6. a Total On site Recycling < calculation> o 99 sum() 99 99 8.6. b Total Off site Recycling < calculation> o 99 sum() 99 99 8.7 From castastrophic, one time, or remediation o 99 8.8 Production Ratio or Activity Index o 0 100 8.9 Maximum Amount on site at any time during year < code 01 11> EPA Form R Page 4A of 4 Part II. CHEMICAL SPECIFIC INFORMATION change what's changed from draft why changed 1 page 1 unchanged adequate as is 2 add section totals of: total air releases, total water releases, total onsite land, and total offsite land, remove total contained/ uncontained on/ offsite summaries total air, water, and land data is much more useful to industry, NGOs, EPA, etc. than the total uncontained/ uncontained on/ offsite data would be 3 remove " column B" release quantity from one time events one time, catastrophic or remedial releases are very rare. not worth documenting exactly how these rare occurrences were treated or released. just put them back into one field ( like the original section 8.8)

4 shrink Fomr R to 4 pages using standard 9 point fonts, fields are only as big as necessary to accommodate printer fields ( no handwritten data is allowed. all must use TRI ME)

5 re number page 2 to 2A, page 3 to 3A, page 4 to 4A. if additional pages needed, number them 2B, 2C, etc... or 3B, 3C, or 4B, 4C, etc to clear up confusion over multiple pages needed. typical Form Rs may have Page 1, 2A, 3A, 3B, 4A... or Page 1, 2A, 3A, 4A, or 1, 2A, 2B, 2C, 3A, 4A 6 have TRI ME calculate every summary field so there's NO data entry redundancy 7 remove ability to enter range codes for releases ( A, B, C) for section 8 math, need to estimate actual pounds anyway, so disallow ability to use range codes for release values everywhere ( range codes do not simplify anything. they complicate things)

8 remove redundant headers everywhere use two rows for 2 data points instead of 3 ( remove header, incorporate text directly into A and B entries)

9 rearrange sections, and then renumber all sections. all non numeric entries at the top ( new sections 1 5), and then all numeric entries ( new sections 6 8) make it ' flow' better 10 separate all ' onsite' and ' offsite shipments instead of the confusion of combining them into the same section, keep the sections separate, but immediately next to each other 11 combine POTW and river/ bodies of water releases into same section to avoid confusion, and to group all water releases together, combine these two water release sections into one 12 do not allow paper submissions. all end users must use the TRI ME for entering the data. then, the spaces for data can be smaller, because they're automatically filled in by the TRI ME software 13 combine 1.4 and 2.1 ( trade secret names) this is a VERY rare case ( trade secrets), so combine into only ONE field 14 move onsite inventory to section 8, along w/ the other chemical summary data put all chemical numeric data together in the last summary section 15 add a common " NA" column for sections 5 8 so the " NA" will consistently be in the same position for all numeric sections 16 source reduction activities have an " NA" box instead of " yes / no" for consistency w/ other sections, use an " NA" check box 17 section 3.2. turn into statement instead of question for consistency w/ other sections, do not ask questions, but simply state " yes/ no"

18 arial font for everything, except check boxes are " o" wingding for readability and consistency, use Ariel 9 point font everywhere, and the wingding font " o" for the check boxes 19 8 total sections instead of 10 sections same info, but put into 8 logical sections instead of 10 3M company's version of the new Form R please contact Jeff McComas w/ questions: 651.778.4911, or mccomas@ mmm. com 08/ 08/ 2003 3M form R FINAL. xls what's changed pg 6 of 6 3M's crosswalk between existing Form R, EPA's proposed, and 3M's proposed existing proposed 3M section description 1.1 1.1 1.1 CAS Number or N Category Code: 1.2 1.2 1.2 Toxic Chemical or Chemical Category Name: 1.3 & 2.1 1.3& 2.1 1.3 o NA Trade Secrets ONLY: Generic Name / Mixture Identity: 1.4 1.4 1.4 o NA For Dioxin and Dioxin like Compounds ONLY 3 3 2 Activities and uses of the toxic chemical at the facility 8.10 9.1 3.1 o NA Facility source reduction activities 8.10.1 9.1 3.1.1 3.1.1. Code: W## 8.10.2 9.1 3.1.2 3.1.2. Code: W## 8.10.3 9.1 3.1.3 3.1.3. Code: W## 8.10.4 9.1 3.1.4 3.1.4. Code: W## 8.11 9.2 3.2 There is additional info on source reduction... 7A 10 4 o NA On site Waste Treatment Methods and Efficiency 7A. 1 10 4.1 4.1 Code: A, S, L, or W 7A. 2 10 4.2 4.2 Code: A, S, L, or W 7A. 3 10 4.3 4.3 Code: A, S, L, or W 7A. 4 10 4.4 4.4 Code: A, S, L, or W 7A. 5 10 4.5 4.5 Code: A, S, L, or W 6.1 7.1 5.1 o NA Transfers of Toxic Chemical in wastes to POTWs 6.2 7.2 5.2 o NA Transfers of Toxic Chemical in wastes to off site 6.1 AIR RELEASES 5.1 5.1 6.1.1 Fugitive or non point air emissions 5.2 5.2 6.1.2 Stack or point air emissions < new calc> < new calc> 6.1 Total Air Releases < calculation> 6.1 6.2 WATER RELEASES 6.1 5.7 6.2.1. a Discharges to POTW 6.1 5.7 6.2.1. b Discharges to POTW 5.3 5.3 6.2.2 Discharges to streams or water bodies 5.3 5.3 6.2.2. a River or Body of water name ________________ 5.3 5.3 6.2.2. b River or Body of water name ________________ 5.3 5.3 6.2.2. c River or Body of water name ________________ < new calc> < new calc> 6.2 Total Water Releases < calculation> 6.3 On Site LAND RELEASES 5.4 5.4.1 6.3.1 Underground injection on site to Class I wells 5.4 5.4.2 6.3.2 Underground injection on site to Class II V wells 5.5 5.5.1A 6.3.3 RCRA Subtitle C landfills 5.5 5.5.1B 6.3.4 Other landfills 5.5 5.5.2 6.3.5 Land treatment/ application farming 5.5 5.5.3A 6.3.6 RCRA Subtitle C surface impoundment 5.5 5.5.3. B 6.3.7 Other surface impoundment 5.5 5.5.4 6.3.8 Other disposal < new calc> < new calc> 6.3 Total On site Land Releases < calculation> 6.3 Off Site LAND RELEASES 6.2 & 8.1 5.4.3 7.1.1. a Underground injection off site to Class I wells 6.2 & 8.1 5.4.3 7.1.1. b Underground injection off site to Class I wells 6.2 & 8.1 5.4.4 7.1.2. a Underground injection off site to Class II V wells 6.2 & 8.1 5.4.4 7.1.2. b Underground injection off site to Class II V wells 6.2 & 8.1 5.6.1 7.1.3. a RCRA Subtitle C landfills 6.2 & 8.1 5.6.1 7.1.3. b RCRA Subtitle C landfills 6.2 & 8.1 5.6.2 7.1.4. a Other landfills 6.2 & 8.1 5.6.2 7.1.4. b Other landfills 6.2 & 8.1 5.6.3 7.1.5. a Land treatment 6.2 & 8.1 5.6.3 7.1.5. b Land treatment 6.2 & 8.1 5.6.4 7.1.6. a RCRA Subtitle C surface impoundment 6.2 & 8.1 5.6.4 7.1.6. b RCRA Subtitle C surface impoundment 6.2 & 8.1 5.6.5 7.1.7. a Other surface impoundment 6.2 & 8.1 5.6.5 7.1.7. b Other surface impoundment 6.2 & 8.1 5.6.6 7.1.8. a Other land disposal 6.2 & 8.1 5.6.6 7.1.8. b Other land disposal 6.2 & 8.1 5.6.7 7.1.9. a Storage only 6.2 & 8.1 5.6.7 7.1.9. b Storage only 6.2 & 8.1 5.6.8 7.1.10. a Solidification/ stabilization metals only 6.2 & 8.1 5.6.8 7.1.10. b Solidification/ stabilization metals only 6.2 & 8.1 5.6.9 7.1.11. a Wastewater treatment ( not POTW)  metals only 6.2 & 8.1 5.6.9 7.1.11. b Wastewater treatment ( not POTW)  metals only 6.2 & 8.1 5.6.10 7.1.12. a Other off site management 6.2 & 8.1 5.6.10 7.1.12. b Other off site management 6.2 & 8.1 5.6.11 7.1.13. a Transfer to waste broker for disposal 6.2 & 8.1 5.6.11 7.1.13. b Transfer to waste broker for disposal page 4 of 6 3M's crosswalk between existing Form R, EPA's proposed, and 3M's proposed existing proposed 3M section description 6.2 & 8.1 5.6.12 7.1.14. a Unknown disposal 6.2 & 8.1 5.6.12 7.1.14. b Unknown disposal 6.2 & 8.1 < new calc> 7.1 Total Off site Land Releases < calculation> 7.2 On Site TREATMENT 8.6 & 7A 6.1. A. 1 7.2.1 Incineration/ thermal treatment 8.6 & 7A 6.1. A. 2 7.2.2 Destruction in an air stream 8.6 & 7A 6.1. A. 3 7.2.3 Biological treatment 8.6 & 7A 6.1. A. 4 7.2.4 Chemical treatment 8.6 & 7A 6.1. A. 5 7.2 Total On site Treatment < calculation> 7.3 Off Site TREATMENT 6.2 & 8.7 6.1. B. 1 7.3.2. a Solidification/ stabilization 6.2 & 8.7 6.1. B. 1 7.3.2. b Solidification/ stabilization 6.2 & 8.7 6.1. B. 2 7.3.3. a Incineration/ thermal treatment 6.2 & 8.7 6.1. B. 2 7.3.3. b Incineration/ thermal treatment 6.2 & 8.7 6.1. B. 3 7.3.4. a Incineration/ insignificant fuel value 6.2 & 8.7 6.1. B. 3 7.3.4. b Incineration/ insignificant fuel value 6.2 & 8.7 6.1. B. 4 7.3.5. a Wastewater treatment ( at POTWs) 6.2 & 8.7 6.1. B. 4 7.3.5. b Wastewater treatment ( at POTWs) 6.2 & 8.7 6.1. B. 5 7.3.6. a Wastewater treatment ( excluding 6.2 & 8.7 6.1. B. 5 7.3.6. b Wastewater treatment ( excluding 6.2 & 8.7 6.1. B. 6 7.3.7. a Other waste treatment 6.2 & 8.7 6.1. B. 6 7.3.7. b Other waste treatment 6.2 & 8.7 6.1. B. 7 7.3.8. a Transfer to waste broker  waste treatment 6.2 & 8.7 6.1. B. 7 7.3.8. b Transfer to waste broker  waste treatment 6.2 & 8.7 6.1. B. 8 7.3 Total Off site Treatment < calculation> 7.4 On Site ENERGY RECOVERY 7B & 8.2 6.2. A. 1 7.4.1 Energy recovery in kiln, furnace, or boiler 7B & 8.2 6.2. A. 2 7.4 Total On site Energy Recovery < calculation> 7.5 Off Site ENERGY RECOVERY 6.2 & 8.3 6.2. B. 1 7.5.1. a Energy recovery 6.2 & 8.3 6.2. B. 1 7.5.1. b Energy recovery 6.2 & 8.3 6.2. B. 2 7.5.2. a Transfer to waste broker  energy recovery 6.2 & 8.3 6.2. B. 2 7.5.2. b Transfer to waste broker  energy recovery 6.2 & 8.3 6.2. B. 3 7.5 Total Off site Energy Recovery < calculation> 7.6 On Site RECYCLING 7C & 8.4 6.3. A. 1 7.6.1 Solvents/ organics recovery 7C & 8.4 6.3. A. 2 7.6.2 Metals recovery 7C & 8.4 6.3. A. 3 7.6.3 Acid regeneration 7C & 8.4 6.3. A. 4 7.6.4 Other reuse or recovery 7C & 8.4 6.3. A. 5 7.6 Total On site Recycling < calculation> 7.7 Off Site RECYCLING 6.2 & 8.5 6.3. B. 1 7.7.1. a Solvents/ Organics Recovery 6.2 & 8.5 6.3. B. 1 7.7.1. b Solvents/ Organics Recovery 6.2 & 8.5 6.3. B. 2 7.7.2. a Metals Recovery 6.2 & 8.5 6.3. B. 2 7.7.2. b Metals Recovery 6.2 & 8.5 6.3. B. 3 7.7.3. a Other Reuse or Recovery 6.2 & 8.5 6.3. B. 3 7.7.3. b Other Reuse or Recovery 6.2 & 8.5 6.3. B. 4 7.7.4. a Acid Regeneration 6.2 & 8.5 6.3. B. 4 7.7.4. b Acid Regeneration 6.2 & 8.5 6.3. B. 5 7.7.5. a Transfer to waste broker  Recycling 6.2 & 8.5 6.3. B. 5 7.7.5. b Transfer to waste broker  Recycling 6.2 & 8.5 6.3. B. 6 7.7 Total Off site Recycling < calculation> Section 8. Summary Section ( pounds/ year) < new calc> < new calc> 8.1 Total Air Releases < calculation> < new calc> < new calc> 8.2 Total Water Releases < calculation> < new calc> < new calc> 8.3. a Total On site Land Releases < calculation> < new calc> < new calc> 8.3. b Total Off site Land Releases < calculation> 8.6 8.2 8.4. a Total On site Treatment < calculation> 8.7 8.3 8.4. b Total Off site Treatment < calculation> 8.2 8.4 8.5. a Total On site Energy Recovery < calculation> 8.3 8.5 8.5. b Total Off site Energy Recovery < calculation> 8.4 8.6 8.6. a Total On site Recycling < calculation> 8.5 8.7 8.6. b Total Off site Recycling < calculation> 8.8 5.12 8.7 From castastrophic, one time, or remediation 8.9 8.8 8.8 Production Ratio or Activity Index 4.1 4.1 8.9 Maximum Amount on site at any time during year page 5 of 6


[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Notices]
[Pages 20504-20505]
[FR Doc No: 2022-07425]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0016]

Agency Information Collection Activities; Notice and Request for
Comment; Consumer Complaint Information

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice and request for comments on a reinstatement of a
previously approved collection of information.

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

SUMMARY: The National Highway Traffic Safety Administration (NHTSA)
invites public comments about our intention to request approval from
the Office of Management and Budget (OMB) for a reinstatement of a
previously approved information collection. Before a Federal agency can
collect certain information from the public, it must receive approval
from OMB. Under procedures established by the Paperwork Reduction Act
of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatement of previously approved collections. This
document describes a collection of information for which NHTSA intends
to seek OMB approval on information gathered through consumer
complaints.

DATES: Written comments should be submitted by June 6, 2022.

ADDRESSES: You may submit comments identified by Docket No. NHTSA-2022-
0016 through one of the following methods:
     Electronic Submissions: Go to the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except on Federal holidays. To be sure someone is there
to help you, please call<PHONE_NUMBER> before coming.
    Instructions: All submissions must include the agency name and
docket number for this notice. Note that all comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit https://www.transportation.gov/privacy.
    Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets via internet.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Randy Reid, Office of Defects
Investigation (NEF-100),<PHONE_NUMBER>, National Highway Traffic Safety
Administration, W48-335, Department of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590, email: [email protected]. Please
identify the relevant collection of information by referring to its OMB
Control Number (2127-0008).

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) (PRA), before an agency submits a proposed
collection of information to OMB for approval, it must first publish a
document in the Federal Register providing a 60-day comment period and
otherwise consult with members of the public and affected agencies
concerning each proposed collection of information. The OMB has
promulgated regulations describing what must be included in such a
document. Under OMB's regulation (at 5 CFR 1320.8(d)), an agency must
ask for public comment on the following: (a) 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; (b) the accuracy of the agency's estimate of
the burden of the proposed collection of information, including the
validity of the methodology and assumptions used; (c) how to enhance
the quality, utility, and clarity of the information to be collected;
and (d) how to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In compliance with these requirements, NHTSA
asks for public comments on the following proposed collection of
information for which the agency is seeking approval from OMB.
    Title: Consumer Complaint Information.
    OMB Control Number: 2127-0008.
    Type of Request: Reinstatement of a previously approved information
collection.
    Type of Review Requested: Regular.
    Requested Expiration Date of Approval: 3 years from date of
approval.
    Summary of the Collection of Information: Chapter 301 of title 49
of the United States Code authorizes the Secretary of Transportation
(NHTSA by delegation) to require manufacturers of motor vehicles and
motor vehicle equipment to conduct owner notification and remedy, i.e.,
a recall campaign, when it has been determined that a safety defect
exists in the performance, construction, components, or materials in
motor vehicles and motor vehicle equipment. Pursuant to Title 49 of the
United States Code of Federal Regulations (CFR) Parts 573 and 577,
manufacturers are required to notify NHTSA, as well as motor vehicle
and motor vehicle equipment owners, dealers, and distributors, that a
determination has been made to remedy a defect through the issuance of
a safety recall. Manufacturers often initiate safety recalls
voluntarily, while other recalls are influenced by NHTSA investigations
or ordered by NHTSA via a court ruling. A manufacturer of each such
motor vehicle or item of replacement equipment presented for remedy
pursuant to such notification is required to remedy the safety defect
at no charge to the owner. The manufacturer shall cause the vehicle to
be remedied by any of the following means: (1) By repairing such
vehicle or equipment; (2) by replacing such motor vehicle or equipment
with an identical or similar product; or (3) by refunding the purchase
price less depreciation.
    In order to help NHTSA identify safety-related defects, the agency
solicits information from vehicle owners. This information is used to
identify and evaluate possible safety-related defects and provide the
necessary evidence of the existence of such a defect. NHTSA also uses
the information to monitor the adequacy of a manufacturer's recall
efforts. Consumers of motor vehicles or

motor vehicle equipment voluntarily submit complaints through NHTSA's
Vehicle Safety Hotline, NHTSA's website (www.nhtsa.gov), or through
correspondence.
    Description of the Need for the Information and Proposed Use of the
Information: NHTSA uses input from consumers to help identify potential
safety-related defects that could lead to a safety recall or recall
inadequacies. The complaints disclose consumers' allegations of a
safety defect that they experienced with their vehicle or vehicle
equipment, including defects that resulted in injuries, crashes,
property damage, or death. All complaints are converted to a Vehicle
Owner Questionnaire (VOQ) format and reviewed by NHTSA investigation/
engineer staff. A NHTSA investigator may respond to a consumer
submitting a complaint if more information is required. NHTSA staff
review complaints/VOQs and determines whether further action by the
agency is warranted. The agency has used this information to develop
technical foundations of evidence with which to prove to manufacturers
and a court that safety-related defects exist which require remedy. The
information collection provides valuable information that helps NHTSA
identify unreasonable safety risks in specific makes, models, and model
years of vehicles and equipment and helps the agency determine when to
open an investigation or initiate a recall. In this way, the
information collection helps to reduce the number of crashes, fires,
injuries, and fatalities that occur on our Nation's highways.
    Affected Public: Consumers of motor vehicles and motor vehicle
equipment.
    Estimated Number of Respondents: 55,433.
    There is an average of 58,350 complaints submitted per year
(average of 160 complaints submitted each day). Some individuals submit
multiple complaints to NHTSA. To estimate the total of unique
respondents per year, NHTSA estimates that the number of unique
respondents is 95 percent of the number of unique complaints.
Therefore, NHTSA estimates that there will be approximately 55,433
respondents each year (58,250 x .95).
    Frequency: On-occasion.
    The submission of complaints is triggered by the occurrence of a
problem with a consumer's vehicle.
    Number of Responses: 58,350.
    Estimated Total Annual Burden Hours: 9,725 hours.
    Respondents have averaged 58,350 consumer complaints per year to
NHTSA between January 2018 and December 2020. NHTSA anticipates that a
respondent can complete a VOQ in approximately 10 minutes. The consumer
is asked to provide his/her name, complete mailing address, product
information, failed component information, and incident information,
copies of supporting documentation, and his/her signature. NHTSA
estimates the total annual burden respondents to be 9,725 hours (58,350
respondents x 10 minutes per VOQ = 9,725 annual hourly burden). To
calculate the opportunity cost to respondents associated with the
collection, NHTSA used the national average hourly earnings of all
employees on private nonfarm payrolls which the Bureau of Labor
Statistics lists at $30.44.\1\ Therefore, opportunity cost associated
with annual burden hours associated with respondents submitting
complaints is estimated to be $296,029 (9,725 hours x $30.44 per hour =
$296,029 annual opportunity cost burden).
---------------------------------------------------------------------------

    \1\ See Table B-3. Average hourly and weekly earnings of all
employees on private nonfarm payrolls, June 2021, available at
https://www.bls.gov/news.release/empsit.t19.htm (accessed September
16, 2021).

                                                          Table 1--Annual Hour Burden Estimates
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Estimated time  Average  hourly    Opportunity                       Total annual
               Annual number of respondents/responses                  per response      opportunity       cost per       Total annual     opportunity
                                                                        (minutes)           cost          submission      burden hours        costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
58,350.............................................................              10           $30.44            $5.07            9,725         $296,029
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Cost: $0.
    Participation in this collection is voluntary, and there are no
costs to respondents beyond the time spent submitting a complaint.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; (b) the accuracy of the Department's estimate
of the burden of the proposed information collection; (c) ways to
enhance the quality, utility and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology. The agency will
summarize and/or include your comments in the request for OMB's
clearance of this information collection.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
35, as amended; and 49 CFR 1.49; and DOT Order 1351.29.

Stephen Ridella,
Director, Office of Defects Investigation, NHTSA.
[FR Doc. 2022-07425 Filed 4-6-22; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Notices]
[Pages 72572-72577]
[FR Doc No: 2022-25666]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96355; File No. SR-BOX-2022-29]

Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend IM-5050-
6 (Short Term Option Series Program)

November 18, 2022.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 16, 2022, BOX Exchange LLC (the ``Exchange'') filed
with the Securities and Exchange Commission (the ``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend IM-5050-6 (Short Term Option Series
Program). The text of the proposed rule change is available from the
principal office of the Exchange, at the Commission's Public Reference
Room and also on the Exchange's internet website at https://rules.boxexchange.com/rulefilings.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of 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 proposes to amend IM-5050-6 (Short Term Option Series
Program). Specifically, the Exchange proposes to amend the Short Term
Option Series Rules to: (1) limit the number of Short Term Option
Expiration Dates for options on SPDR S&P 500 ETF Trust (SPY), the
INVESCO QQQ Trust SM, Series 1 (QQQ), and iShares Russell 2000 ETF
(IWM) from five to two expirations for Monday and Wednesday
expirations; and (2) expand the Short Term Option Series program to
permit the listing and trading of options series with Tuesday and
Thursday expirations for options on SPY and QQQ listed pursuant to the
Short Term Option Series Program, subject to the same proposed
limitation of two expirations. The Exchange also proposes to amend Rule
100(a)(66) which defines a Short Term Option Series. This is a
competitive filing that is based on a proposal recently submitted by
Nasdaq ISE, LLC (``Nasdaq ISE'') and approved by the Commission.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 96281 (November 9,
2022) (Order Approving SR-ISE-2022-18).
---------------------------------------------------------------------------

Curtail Short Term Option Expiration Dates
    Currently, after an option class has been approved for listing and
trading on the Exchange, the Exchange may open for trading on any
Thursday or Friday that is a business day (``Short Term Option Opening
Date'') series of options on that class that expire at the close of
business on each of the next five Fridays that are business days and
are not Fridays in which monthly options series or Quarterly Options
Series expire (``Short Term Option Expiration Dates''). The Exchange
may have no more than a total of five Short Term Option Expiration
Dates not including any Monday or Wednesday SPY, QQQ, and IWM
Expirations. Further, if the Exchange is not open for business on the
respective Thursday or Friday, the Short Term Option Opening Date will
be the first business day immediately prior to that respective Thursday
or Friday. Similarly, if the Exchange is not open for business on a
Friday, the Short Term Option Expiration Date will be the first
business day immediately prior to that Friday.
    Today, with respect to Wednesday SPY, QQQ, and IWM Expirations, the
Exchange may open for trading on any Tuesday or Wednesday that is a
business day series of options on SPY, QQQ, and IWM to expire on any
Wednesday of the month that is a business day and is not a Wednesday in
which Quarterly Options Series expire (``Wednesday SPY Expirations,''
``Wednesday QQQ Expirations,'' and ``Wednesday IWM Expirations''). With
respect to Monday SPY, QQQ, and IWM Expirations, the Exchange may open
for trading on any Friday or Monday that is a business day series of
options on the SPY, QQQ, or IWM to expire on any Monday of the month
that is a business day and is not a Monday in which Quarterly Options
Series expire (``Monday SPY Expirations,'' ``Monday QQQ Expirations,''
and ``Monday IWM Expirations''), provided that Monday SPY Expirations,
Monday QQQ Expirations, and Monday IWM Expirations that are listed on a
Friday must be listed at least one business week and one business day
prior to the expiration. The Exchange may list up to five consecutive
Wednesday SPY Expirations, Wednesday QQQ Expirations, and Wednesday IWM
Expirations and five consecutive Monday SPY Expirations, Monday QQQ
Expirations, and Monday IWM Expirations at one time; the Exchange may
have no more than a total of five each of Wednesday SPY Expirations,
Wednesday QQQ Expirations, and Wednesday IWM Expirations and a total of
five each of Monday SPY Expirations, Monday QQQ Expirations, and Monday
IWM Expirations. Monday and Wednesday SPY Expirations, Monday and
Wednesday QQQ Expirations, and Monday and Wednesday IWM Expirations
will be subject to the provisions of IM-5050-6.
Proposal
    At this time, the Exchange proposes to curtail the number of Short
Term Option Expiration Dates from five to two \4\ for SPY, QQQ and IWM
for Monday and Wednesday Expirations, as well as the proposed Tuesday
and Thursday Expirations in SPY and QQQ (``Short Term Option Daily
Expirations'').
---------------------------------------------------------------------------

    \4\ The Exchange proposes to list the two front months for Short
Term Option Daily Expirations.
---------------------------------------------------------------------------

    The Exchange proposes to create a new category of Short Term Option
Expirations Dates called ``Short Term Option Daily Expirations'' which
will only permit two Short Term Option Expiration Dates for each of
Monday, Tuesday, Wednesday, and Thursday expirations at one time. The
Exchange proposes to include a table, labelled ``Table 1'', within IM-
5050-6(a) which specifies each symbol that qualifies as a Short Term
Option Daily Expiration. The table would note the number of expirations
for each symbol as well as expiration days. The Exchange proposes to
include Monday and Wednesday expirations for SPY, QQQ, and IWM and
Tuesday and Thursday expirations for SPY and QQQ and list the number of
expirations as ``2'' for these symbols. The Exchange's proposal to
permit Tuesday and Thursday expirations for options on SPY and QQQ
listed pursuant to the Short Term Option Series Program is explained
below in more detail. In the event Short Term Option Daily Expirations
expire on the same day in the same class as a monthly options series or
a Quarterly Options Series, the Exchange would skip that week's listing
and instead list the following week; the two weeks of Short Term Option
Expiration Dates would therefore not be consecutive. Specifically, the
Exchange proposes to state within IM-5050-6(a),

    In addition to the above, BOX may open for trading series of
options on the symbols provided in Table 1 below that expire at the
close of business on each of the next two Mondays, Tuesdays,
Wednesdays, and Thursdays, respectively, that are business days and
are not business days in which monthly options series or Quarterly
Options Series expire (``Short Term Option Daily Expirations''). BOX
may have no more than a total of two Short Term Option Daily
Expirations for each of Monday, Tuesday, Wednesday, and Thursday
expirations at one time. Short Term Option Daily Expirations would
be subject to IM-5050-6.

SPY, QQQ, and IWM Friday expirations and other option symbols expiring
on a Friday that are not noted in Table 1 will continue to have a total
of five Short Term Option Expiration Dates provided those Friday
expirations are not Fridays in which monthly options series or
Quarterly Options Series expire (``Friday Short Term Option Expiration
Dates''). These expirations would be

referred to as ``Short Term Option Weekly Expirations'' to distinguish
them from the proposed expirations that would be subject to Short Term
Option Daily Expirations. The Exchange proposes to add rule text to IM-
5050-6(a) which states that Monday Short Term Option Expiration Dates,
Tuesday Short Term Option Expiration Dates, Wednesday Short Term Option
Expiration Dates, and Thursday Short Term Option Expiration Dates,
together with Friday Short Term Option Expiration Dates, are
collectively ``Short Term Option Expiration Dates''.\5\
---------------------------------------------------------------------------

    \5\ Defining the term ``Short Term Option Expiration Dates''
will make clear that this term includes expiration dates for each
day Short Term Options are listed.
---------------------------------------------------------------------------

Tuesday and Thursday Expirations
    At this time, the Exchange proposes to expand the Short Term Option
Series Program to permit the listing and trading of no more than a
total of two consecutive Tuesday and Thursday ``Tuesday Short Term
Option Daily Expirations'' and ``Thursday Short Term Option Daily
Expirations'' each for SPY and QQQ at one time. Tuesday and Thursday
Short Term Option Daily Expirations would be subject to IM-5050-6.
    A Short Term Option Series means a series in an option class that
is approved for listing and trading on the Exchange in which the series
is opened for trading on any Monday, Tuesday, Wednesday, Thursday or
Friday that is a business day and that expires on the Monday, Wednesday
or Friday of the following business week that is a business day, or, in
the case of a series that is listed on a Friday and expires on a
Monday, is listed one business week and one business day prior to that
expiration. If a Tuesday, Wednesday, Thursday or Friday is not a
business day, the series may be opened (or shall expire) on the first
business day immediately prior to that Tuesday, Wednesday, Thursday or
Friday. For a series listed pursuant to this section for Monday
expiration, if a Monday is not a business day, the series shall expire
on the first business day immediately following that Monday.
    The Exchange proposes to amend the definition at Rule 100(a)(66) to
accommodate the listing of options series that expire on Tuesdays and
Thursdays. Specifically, the Exchange proposes to add Tuesday and
Thursdays to the permitted expiration days, which currently include
Monday, Wednesday, and Friday, that it may open for trading.
    The Exchange also proposes corresponding changes within IM-5050-6,
which sets forth the requirements for SPY and QQQ options that are
listed pursuant to the Short Term Option Series Program as Short Term
Option Daily Expirations. Similar to Monday and Wednesday SPY, QQQ, and
IWM Short Term Option Daily Expirations within IM-5050-6, the Exchange
proposes that it may open for trading on any Monday or Tuesday that is
a business day series of options on the symbols provided in Table 1
that expire at the close of business on each of the next two Tuesdays
that are business days and are not business days in which monthly
options series or Quarterly Options Series expire (``Tuesday Short Term
Option Expiration Date'').
    Likewise, the Exchange proposes that it may open for trading on any
Wednesday or Thursday that is a business day series of options on
symbols provided in Table 1 that expire at the close of business on
each of the next two Thursdays that are business days and are not
business days in which monthly options series or Quarterly Options
Series expire (``Thursday Short Term Option Expiration Date'').
    In the event that options on SPY and QQQ expire on a Tuesday or
Thursday and that Tuesday or Thursday is the same day that a monthly
option series or Quarterly Options Series expires, the Exchange would
skip that week's listing and instead list the following week; the two
weeks would therefore not be consecutive. Today, Monday and Wednesday
Expirations in SPY, QQQ, and IWM skip the weekly listing in the event
the weekly listing expires on the same day in the same class as a
Quarterly Options Series. Currently, there is no rule text provision
that states that Monday and Wednesday Expirations in SPY, QQQ, and IWM
skip the weekly listing in the event the weekly listing expires on the
same day in the same class as a monthly option series. Practically
speaking, Monday and Wednesday Expirations in SPY, QQQ, and IWM would
not expire on the same day as a monthly expiration.
    The interval between strike prices for the proposed Tuesday and
Thursday SPY and QQQ Short Term Option Daily Expirations will be the
same as those for the current Short Term Option Series for Monday,
Wednesday and Friday expirations applicable to the Short Term Option
Series Program.\6\ Specifically, the Tuesday and Thursday SPY and QQQ
Short Term Option Daily Expirations will have a $0.50 strike interval
minimum.\7\ As is the case with other equity options series listed
pursuant to the Short Term Option Series Program, the Tuesday and
Thursday SPY and QQQ Short Term Option Daily Expiration series will be
P.M.-settled.
---------------------------------------------------------------------------

    \6\ See IM-5050-6(b)(5).
    \7\ Id.
---------------------------------------------------------------------------

    Pursuant to Rule 100(a)(66), with respect to the Short Term Option
Series Program, a Tuesday or Thursday expiration series shall expire on
the first business day immediately prior to that Tuesday or Thursday,
e.g., Monday or Wednesday of that week, respectively, if the Tuesday or
Thursday is not a business day.
    Currently, for each option class eligible for participation in the
Short Term Option Series Program, the Exchange is limited to opening
thirty (30) series for each expiration date for the specific class.\8\
The thirty (30) series restriction does not include series that are
open by other securities exchanges under their respective weekly rules;
the Exchange may list these additional series that are listed by other
options exchanges.\9\ This thirty (30) series restriction would apply
to Tuesday and Thursday SPY and QQQ Short Term Option Daily Expiration
series as well. In addition, the Exchange will be able to list series
that are listed by other exchanges, assuming they file similar rules
with the Commission to list SPY and QQQ options expiring on Tuesdays
and Thursdays with a limit of two Tuesday Short Term Daily Expirations
and two Thursday Short Term Daily Expirations.
---------------------------------------------------------------------------

    \8\ See IM-5050-6(b)(1).
    \9\ Id.
---------------------------------------------------------------------------

    Finally, the Exchange is amending IM-5050-6(b)(2), to conform the
rule text to the usage of the term ``Short Term Option Daily
Expirations.'' Today, with the exception of Monday and Wednesday SPY
Expirations, Monday and Wednesday QQQ Expirations, and Monday and
Wednesday IWM Expirations, no Short Term Option Series may expire in
the same week in which monthly option series on the same class expire.
With this proposal, Tuesday and Thursday SPY Expirations and Tuesday
and Thursday QQQ Expirations would be treated similarly to existing
Monday and Wednesday SPY, QQQ, and IWM Expirations. With respect to
monthly option series, Short Term Option Daily Expirations will be
permitted to expire in the same week in which monthly option series on
the same class expire. Not listing Short Term Option Daily Expirations
for one week every month because there was a monthly on that same class
on the Friday of that week would create investor confusion.

    Further, as with Monday and Wednesday SPY, QQQ, and IWM
Expirations, the Exchange would not permit Tuesday and Thursday Short
Term Option Daily Expirations to expire on a business day in which
monthly options series or Quarterly Options Series expire.\10\
Therefore, all Short Term Option Daily Expirations would expire at the
close of business on each of the next two Mondays, Tuesdays,
Wednesdays, and Thursdays, respectively, that are business days and are
not business days in which monthly options series or Quarterly Options
Series expire. The Exchange believes that it is reasonable to not
permit two expirations on the same day in which a monthly options
series or a Quarterly Options Series would expire.
---------------------------------------------------------------------------

    \10\ While the Exchange proposes to add rule text within IM-
5050-6 with respect to Monday Expirations, Tuesday Expirations, and
Wednesdays Expirations stating that those expirations would not
expire on business days that are business days in which monthly
options series expire, practically speaking this would not occur.
---------------------------------------------------------------------------

    The Exchange does not believe that any market disruptions will be
encountered with the introduction of P.M.-settled Tuesday and Thursday
Short Term Option Daily Expirations. The Exchange has the necessary
capacity and surveillance programs in place to support and properly
monitor trading in the proposed Tuesday and Thursday Short Term Option
Daily Expirations. The Exchange currently trades P.M.-settled Short
Term Option Series that expire Monday and Wednesday for SPY, QQQ and
IWM and has not experienced any market disruptions nor issues with
capacity. Today, the Exchange has surveillance programs in place to
support and properly monitor trading in Short Term Option Series that
expire Monday and Wednesday for SPY, QQQ and IWM. The Exchange notes
that Monday and Wednesday Expirations in SPY, QQQ, and IWM that were
listed prior to the proposed changes discussed herein will continue to
be listed on the Exchange until those options expire pursuant to the
current Short Term Option Series rules.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of section 6(b) of the Securities Exchange Act of 1934
(the ``Act''),\11\ in general, and section 6(b)(5) of the Act,\12\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, 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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposal is consistent with the Act as the overall reduction
offered by this proposal reduces the number of Short Term Option
Expirations to be listed on the Exchange. This reduction would remove
impediments to and perfect the mechanism of a free and open market by
encouraging Market Makers to continue to deploy capital more
efficiently and improve market quality. Also, the Exchange's proposal
curtails the number of Monday, Tuesday, Wednesday, and Thursday
expirations in SPY, QQQ, and IWM without reducing the classes of
options available for trading on the Exchange. The Exchange believes
that despite the proposed curtailment of expirations, Participants will
continue to be able to expand hedging tools and tailor their investment
and hedging needs more effectively in SPY, QQQ, and IWM.
    Similar to SPY, QQQ and IWM Monday and Wednesday Expirations
(proposed to be SPY, QQQ and IWM Monday and Wednesday Short Term Daily
Expirations), the introduction of SPY and QQQ Tuesday and Thursday
Short Term Daily Expirations is consistent with the Act as it will,
among other things, expand hedging tools available to market
participants and continue the reduction of the premium cost of buying
protection. The Exchange believes that SPY and QQQ Tuesday and Thursday
expirations (renamed SPY and QQQ Tuesday and Thursday Short Term Daily
Expirations) will allow market participants to purchase SPY and QQQ
options based on their timing as needed and allow them to tailor their
investment and hedging needs more effectively. Further, the proposal to
permit Tuesday and Thursday Short Term Daily Expirations for options on
SPY and QQQ listed pursuant to the Short Term Option Series Program,
subject to the proposed limitation of two expirations, would protect
investors and the public interest by providing the investing public and
other market participants more flexibility to closely tailor their
investment and hedging decisions in SPY and QQQ options, thus allowing
them to better manage their risk exposure.
    In particular, the Exchange believes the Short Term Option Series
Program has been successful to date and that Tuesday and Thursday SPY
and QQQ Short Term Daily Expirations should simply expand the ability
of investors to hedge risk against market movements stemming from
economic releases or market events that occur throughout the month in
the same way that the Short Term Option Series Program has expanded the
landscape of hedging. Similarly, the Exchange believes Tuesday and
Thursday SPY and QQQ Short Term Daily Expirations should create greater
trading and hedging opportunities and flexibility, and will provide
customers with the ability to tailor their investment objectives more
effectively. The Exchange currently lists Monday and Wednesday SPY,
QQQ, and IWM Expirations (renamed SPY, QQQ, and IWM Monday and
Wednesday Short Term Daily Expirations).
    Today, with the exception of Monday and Wednesday SPY Expirations,
Monday and Wednesday QQQ Expirations, and Monday and Wednesday IWM
Expirations, no Short Term Option Series may expire in the same week in
which monthly option series on the same class expire. With this
proposal, Tuesday and Thursday SPY Expirations and Tuesday and Thursday
QQQ Expirations would be treated similarly to existing Monday and
Wednesday SPY, QQQ, and IWM Expirations. The Exchange believes that
permitting Short Term Option Daily Expirations to expire in the same
week that standard monthly options expire on Fridays is consistent with
Act. Not listing Short Term Option Daily Expirations for one week every
month because there was a monthly on that same class on the Friday of
that week would create investor confusion.
    Further, as with Monday and Wednesday SPY, QQQ, and IWM
Expirations, the Exchange would not permit Tuesday and Thursday Short
Term Option Daily Expirations to expire on a business day in which
monthly options series or Quarterly Options Series expire. Therefore,
all Short Term Option Daily Expirations would expire at the close of
business on each of the next two Mondays, Tuesdays, Wednesdays, and
Thursdays, respectively, that are business days and are not business
days in which monthly options series or Quarterly Options Series
expire. The Exchange believes that it is consistent with the Act to not
permit two expirations on the same day in which a monthly options
series or a Quarterly Options Series would expire similar to Monday and
Wednesday SPY, QQQ, and IWM Expirations.
    There are no material differences in the treatment of Wednesday SPY
and QQQ expirations for Short Term Option Series as compared to the
proposed

Tuesday and Thursday SPY and QQQ Short Term Daily Expirations. Given
the similarities between Wednesday SPY, QQQ and IWM Expirations and the
proposed Tuesday and Thursday SPY and QQQ Short Term Daily Expirations,
the Exchange believes that applying the provisions in IM-5050-6 that
currently apply to Wednesday SPY, QQQ and IWM Expirations to Tuesday
and Thursday SPY and QQQ Short Term Daily Expirations is justified.
    Finally, the Exchange represents that it has an adequate
surveillance program in place to detect manipulative trading in the
proposed Tuesday and Thursday SPY and QQQ Short Term Daily Expirations,
in the same way that it monitors trading in the current Short Term
Option Series and trading in Monday and Wednesday SPY, QQQ, and IWM
Expirations. The Exchange also represents that it has the necessary
systems capacity to support the new options series. Finally, the
Exchange does not believe that any market disruptions will be
encountered with the introduction of Tuesday and Thursday SPY and QQQ
Short Term Daily Expirations.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In this regard and as indicated
above, the Exchange notes that the rule change is being proposed as a
response to a filing submitted by Nasdaq ISE that was recently approved
by the Commission.\13\
---------------------------------------------------------------------------

    \13\ See supra, note 3.
---------------------------------------------------------------------------

    Further, the Exchange believes the proposal will provide an overall
reduction in the number of Short Term Option Expirations to be listed
on the Exchange. The Exchange believes this reduction will not impose
an undue burden on competition, rather, it should encourage Market
Makers to continue to deploy capital more efficiently and improve
market quality. Also, the Exchange's proposal curtails the number of
weekly expirations in SPY, QQQ, and IWM without reducing the classes of
options available for trading on the Exchange. The Exchange believes
that despite the proposed curtailment of weekly expirations,
Participants will continue to be able to expand hedging tools and
tailor their investment and hedging needs more effectively in SPY, QQQ,
and IWM.
    Similar to SPY, QQQ and IWM Monday and Wednesday Expirations, the
introduction of SPY and QQQ Tuesday and Thursday Short Term Daily
Expirations does not impose an undue burden on competition. The
Exchange believes that it will, among other things, expand hedging
tools available to market participants and continue the reduction of
the premium cost of buying protection. The Exchange believes that SPY
and QQQ Tuesday and Thursday Short Term Daily Expirations will allow
market participants to purchase SPY and QQQ options based on their
timing as needed and allow them to tailor their investment and hedging
needs more effectively.
    The Exchange does not believe the proposal will impose any burden
on inter- market competition, as nothing prevents the other options
exchanges from proposing similar rules to list and trade Short-Term
Option Series with Tuesday and Thursday Short Term Daily Expirations.
The Exchange notes that having Tuesday and Thursday SPY and QQQ
expirations is not a novel proposal, as Wednesday SPY, QQQ and IWM
Expirations are currently listed on the Exchange.
    Further, the Exchange does not believe the proposal will impose any
burden on intra-market competition, as all market participants will be
treated in the same manner under this proposal.

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 comments on the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to section
19(b)(3)(A)(iii) of the Act \14\ and Rule 19b-4(f)(6) thereunder.\15\
Because the foregoing proposed rule change does not: (i) significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, it has become effective pursuant to
section 19(b)(3)(A)(iii) of the Act \16\ and subparagraph (f)(6) of
Rule 19b-4 thereunder.\17\
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    \14\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \18\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \19\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay so
that the proposed rule change may become operative upon filing. The
Commission notes that it recently approved Nasdaq ISE's substantially
similar proposal.\20\ The Exchange has stated that waiver of the 30-day
operative delay will ensure fair competition among the exchanges and
align its rules with identical rules currently in place at another
exchange. For these reasons, the Commission believes that the proposed
rule change presents no novel issues and that waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest. Accordingly, the Commission hereby waives the
operative delay and designates the proposed rule change operative upon
filing.\21\
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    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
    \20\ See Securities Exchange Act Release No. 96281 (November 9,
2022) (SR-ISE-2022-18).
    \21\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments:

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-BOX-2022-29 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-BOX-2022-29. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of 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. 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-BOX-2022-29 and should be submitted on
or before December 16, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12), (59).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-25666 Filed 11-23-22; 8:45 am]
BILLING CODE 8011-01-P