[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Proposed Rules]
[Pages 47402-47404]
[FR Doc No: 2023-15302]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1053; Project Identifier AD-2023-00164-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 757-200, -200CB, and -200PF series
airplanes. This proposed AD was prompted by a crack growth analysis,
which indicated that current inspections are not adequate to detect
cracks in certain sections of the upper frame at the frame splice
between certain stringers before a single frame fails. This proposed AD
would require an inspection or records review for existing repairs;
repetitive inspections for cracks of the upper frame at the frame
splices between certain stringers in certain sections, and applicable
on-condition actions. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September
7, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1053; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; website myboeingfleet.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov by searching for and locating Docket No. FAA-2023-1053.

FOR FURTHER INFORMATION CONTACT: Wayne Ha, Aviation Safety Engineer,
Continued Operational Safety Branch, FAA, 2200 South 216th Street, Des
Moines, WA 98198; phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1053; Project Identifier
AD-2023-00164-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Wayne
Ha, Aviation Safety Engineer, Continued Operational Safety Branch, FAA,
2200 South 216th Street, Des Moines, WA 98198; phone:<PHONE_NUMBER>;
email: [email protected]. Any commentary that the FAA receives that is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    The FAA has received a report indicating that cracking has occurred
in the frame splice doubler and may occur in the upper frame at the
upper frame splice between stringer S-13 and S-14 on Boeing Model 737-
300, -400, and -500 airplanes at multiple frame locations. The FAA
issued AD 2021-26-

03, Amendment 29-21861 (87 FR 2534, January 18, 2022) to address the
unsafe condition on Boeing Model 737-300, -400, and -500 airplanes.
Since Boeing Model 757-200, -200CB, and -200PF series airplanes have a
similar design, Boeing conducted a cross model evaluation and crack
growth analysis on these airplane models. The analysis indicated that
current Maintenance Planning Data (MPD) and Supplemental Structural
Inspection Program (SSIP) tasks do not provide adequate inspections to
detect cracks before a single frame fails. The single frame failure
criteria is needed because of the potential interaction between cracks
in the upper frame at the frame splice between S-13 and S-14 and known
fuselage skin cracking at the S-14 lap splice in the affected 757
airplanes. This condition, if not addressed, could result in the
inability of principal structural element to sustain limit loads and
could adversely affect the structural integrity of the airplane.

FAA's Determination

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

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 757-53A0115 RB,
dated January 25, 2022. This service information specifies procedures
for a general visual inspection (GVI) or records review between
stringers S-13 and S-14 in Sections 43 and 46 for existing repairs.
This service information also describes procedures, depending on the
configuration, for repetitive high frequency eddy current (HFEC) and
low frequency eddy current (LFEC) inspections for cracking of the upper
frames at the frame splices between stringers S-13 and S-14, left- and
right-hand sides, in Sections 43 and 46; and applicable on-condition
actions. On-condition actions include repair.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described except for any differences
identified as exceptions in the regulatory text of this proposed AD.
For information on the procedures and compliance times, see this
service information at regulations.gov under Docket No. FAA-2023-1053.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 456 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Action                          Labor cost          Parts cost            Cost per product                 Cost on U.S.  operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
GVI...................................  2 work-hours x $85 per              $0  $170...............................  $77,520.
                                         hour = $170 per
                                         inspection cycle.
Repetitive Inspections................  Up to 267 work-hour x $85            0  Up to $22,695......................  Up to $10,348,920.
                                         per hour = $22,695 per
                                         inspection cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this proposed AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2023-1053; Project Identifier AD-
2023-00164-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by September 7, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200CB, and
-200PF series

airplanes, certificated in any category, as identified in Boeing
Alert Requirements Bulletin 757-53A0115 RB, dated January 25, 2022.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a crack growth analysis, which indicated
that current inspections are not adequate to detect cracks in the
Sections 43 and 46 upper frame at the frame splice between stringers
S-13 and S-14 before a single frame fails. The FAA is issuing this
AD to address cracking at the upper frames common to the splice at
stringers S-13 to S-14, which could interact with fuselage skin
cracking at the stringer S-14 lap splice. The unsafe condition, if
not addressed, could result in the inability of a principal
structural element to sustain limit loads and could adversely affect
the structural integrity of the airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 757-53A0115 RB, dated January 25, 2022,
do all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
757-53A0115 RB, dated January 25, 2022.
    Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
757-53A0115, dated January 25, 2022, which is referred to in Boeing
Alert Requirements Bulletin 757-53A0115 RB, dated January 25, 2022.

(h) Exceptions to Service Information Specifications

    (1) Where the Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 757-
53A0115 RB, dated January 25, 2022, use the phrase ``the original
issue date of Requirements Bulletin 757-53A0115 RB,'' this AD
requires using ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 757-53A0115 RB,
dated January 25, 2022, specifies contacting Boeing for repair
instructions or for alternative inspections: This AD requires doing
the repair and doing the alternative inspections and applicable on-
condition actions using a method approved in accordance with the
procedures specified in paragraph (i) of this AD.
    (3) For Group 1, Group 2, and Group 3 airplanes, as identified
in Boeing Requirements Bulletin 757-53A0115 RB, dated January 25,
2022, with APB winglets installed in accordance with STC ST01518SE:
Where Table 1, Conditions 2.1, 2.2, 4.1, 4.2; Table 2, Conditions
6.1, 6.2, 8.1, 8.2; Table 3 Conditions 10.1, 10.2, 12.1, 12.2; and
Table 4 Conditions 14.1, 14.2, 16.1, 16.2 in the ``Compliance''
paragraph of Boeing Alert Requirements Bulletin 757-53A0115 RB,
dated January 25, 2022, specify a repeat inspection interval of
3,000 flight cycles, this AD requires using a repeat inspection
interval of 2,600 flight cycles.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Continued Operational Safety Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (j) of this AD. Information may
be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager,
Continued Operational Safety Branch, FAA, to make those findings. To
be approved, the repair method, modification deviation, or
alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.

(j) Related Information

    (1) For more information about this AD, contact Wayne Ha,
Aviation Safety Engineer, Continued Operational Safety Branch, FAA,
2200 South 216th Street, Des Moines, WA 98198; phone:<PHONE_NUMBER>;
email: [email protected].
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin 757-53A0115 RB, dated
January 25, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; website myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 24, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-15302 Filed 7-21-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Notices]
[Pages 44759-44761]
[FR Doc No: 2021-17306]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92615; File No. SR-NYSE-2021-41]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Its Price List

August 9, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on August 2, 2021, 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, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Price List to eliminate the (1)
underutilized monthly rebate payable to Designated Market Makers
(``DMM'') with 30 or fewer assigned securities, and (2) expired waivers
for equipment and related service charges and trading license fees for
NYSE Trading Floor-based member organizations. The Exchange proposes to
implement the rule change on August 2, 2021. The proposed rule change
is available on the Exchange's website at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Price List to eliminate the (1)
underutilized monthly rebate payable to DMMs with 30 or fewer assigned
securities, and (2) expired waivers for equipment and related service
charges and trading license fees for NYSE Trading Floor-based member
organizations.

    The Exchange proposes to implement the rule change on August 2,
2021.
Proposed Rule Change
    The Exchange proposes to eliminate an underutilized DMM rebate and
obsolete waivers, as follows.
Underutilized DMM Rebate
    The Exchange currently pays a DMM with 30 or fewer assigned
securities a monthly rebate of $1,500 per security, up to a maximum of
$10,000, for each security assigned to such a DMM in the previous month
(regardless of whether the stock price exceeds $1.00) for which that
DMM provides quotes at the National Best Bid (``NBB'') and National
Best Offer (``NBO,'' together the ``NBBO'') at least 25% of the time in
the applicable month. The monthly rebate is in addition to the current
rate on transactions and is prorated to the number of trading days in a
month that an eligible security is assigned to a DMM.
    The Exchange proposes to eliminate this rebate in its entirety and
to remove it from the Price List because the rebate has been
underutilized by member organizations insofar as no DMMs with 30 or
fewer assigned securities has qualified for the rebate in the past six
months. As such, Exchange does not anticipate any member organization
in the near future would qualify for the rebate that is the subject of
this proposed rule change.
Expired Waivers
    In response to the unprecedented events surrounding the spread of
COVID-19 in 2020, the Exchange waived certain equipment and related
service charges and trading license fees for NYSE Trading Floor-based
member organizations beginning in June 2020 through the earlier of the
first full month of a full reopening of the Trading Floor facilities to
Floor personnel or June 2021.\4\
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    \4\ See Securities Exchange Act Release No. 89050 (March 25,
2021), 86 FR 16798 (March 31, 2021) (SR-NYSE-2021-19). See also
Securities Exchange Act Release No. 89050 (June 11, 2020), 85 FR
36637 (June 17, 2020) (SR-NYSE-2020-49); Securities Exchange Act
Release No. 89324 (July 15, 2020), 85 FR 44129 (July 21, 2020) (SR-
NYSE-2020-59); Securities Exchange Act Release No. 89754 (September
2, 2020), 85 FR 55550 (September 8, 2020) (SR-NYSE-2020-71);
Securities Exchange Act Release No. 89798 (September 9, 2020), 85 FR
57263 (September 15, 2020) (SR-NYSE2020-72); Securities Exchange Act
Release No. 90161 (October 13, 2020), 85 FR 66370 (October 19, 2020)
(SR-NYSE-2020-81); Securities Exchange Act Release No. 90391
(November 10, 2020), 85 FR 73326 (November 17, 2020) (SR-NYSE2020-
92); Securities Exchange Act Release No. 90744 (December 21, 2020),
85 FR 85712 (December 29, 2020) (SR-NYSE-2020-102); Securities
Exchange Act Release No. 91082 (February 9, 2021), 86 FR 9546
(February 16, 2021) (SR-NYSE-2021-10).
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    Specifically, the Exchange waived 50% of the Annual Telephone Line
Charge of 400 per phone number; the $129 fee for a single line phone,
jack, and data jack; the related service charges ($161.25 to install
single jack (voice or data); $107.50 to relocate a jack; $53.75 to
remove a jack; $107.50 to install voice or data line; $53.75 to
disconnect data line; $53.75 to change a phone line subscriber; and
miscellaneous telephone charges billed at $106 per hour in 15 minute
increments); and the monthly portion of all applicable annual fees for
member organizations that (1) had at least one trading license, a
physical trading Floor presence and Floor broker executions accounting
for 40% or more of the member organization's combined adding, taking
and auction volumes during March 1 to March 20, 2020 or, if not a
member organization during March 1 to March 20, 2020, based on the
member organization's combined adding, taking, and auction volumes
during its first month as a member organization on or after May 26,
2020, and (2) were unable to operate at more than 50% of their March
2020 on-Floor staffing levels or, for member organizations that began
Floor operations after March 2020, are unable to operate at more than
50% of their Exchange-approved on-Floor staffing levels, both excluding
part-time Floor brokers known as ``flex brokers''.
    As set forth in footnotes 11 and 15 of the Price List, the waivers
expired in June 2021 and have not been renewed. The Exchange
accordingly proposes to delete footnote 11, which sets forth the
equipment waivers described above, in its entirety, and to delete that
portion of footnote 15 which addresses the waiver of the monthly
portion of all applicable annual fees for member organizations, as
obsolete.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\6\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) & (5).
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The Proposed Change Is Reasonable
    The Exchange believes that the proposed elimination of the monthly
rebate of $1,500 per security, up to a maximum of $10,000, for DMMs
with 30 or fewer assigned securities is reasonable because DMMs have
underutilized the incentive. No DMM has qualified for the rebate in the
past six months. The Exchange does not anticipate any member
organization in the near future qualifying for the rebate that is the
subject of this proposed rule change. The Exchange believes it is
reasonable to eliminate requirements and credits when such incentives
become underutilized. The Exchange also believes eliminating
underutilized incentive programs would also simplify the Price List.
The Exchange further believes that removing the optional DMM rebate and
credit from the Price List would also add clarity and transparency to
the Price List.
    Further, the Exchange believes that it is reasonable to delete the
expired waivers for NYSE Trading Floor-based member organizations from
the Price List because the waivers are no longer offered and the fees
are currently being charged. Deleting obsolete waivers would add
greater clarity of the Exchange's rules and enable market participants
to navigate the Exchange's Price List more easily.
The Proposal Is an Equitable Allocation of Fees
    The Exchange believes the proposal equitably allocates fees among
its market participants because elimination of underutilized and
ineffective DMM rebate and credits the Exchange proposes to eliminate
would be eliminated in their entirety, and would no longer be available
to any member organization in any form. Similarly, the Exchange
believes the proposal equitably allocates fees among its market
participants because elimination of obsolete waivers would apply to all
similarly-situated member organizations on an equal basis. All such
member organizations would continue to be subject to the same fee
structure, and access to the Exchange's market would continue to be
offered on fair and nondiscriminatory terms.
The Proposal Is Not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory. The proposal is not unfairly discriminatory because it
neither targets nor will it have a disparate impact on any particular
category of market participant. The Exchange believes that the proposal
is not unfairly discriminatory because the proposed elimination of the
optional DMM rebate and credits would affect all similarly-

situated market participants on an equal and non-discriminatory basis.
The Exchange believes that eliminating optional DMM rebate and credits
that are underutilized and ineffective would no longer be available to
any DMM on an equal basis. Further, the proposal does not permit unfair
discrimination because elimination of obsolete waivers would apply to
all similarly situated member organizations on an equal basis. In
addition, the Exchange believes that the proposed elimination of
obsolete waivers would remove impediments to and perfect the mechanism
of a free and open market by eliminating references to waivers that are
no longer offered, thereby improving the clarity of the Exchange's
rules and enabling market participants to more easily navigate the
Exchange's Price List. The Exchange also believes that the proposed
change would protect investors and the public interest because the
deletion of underutilized and obsolete fees would make the Price List
more accessible and transparent and facilitate market participants'
understanding of the fees charged for services currently offered by the
Exchange.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\7\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, as discussed above, the proposal relates
solely to elimination of an underutilized rebate and obsolete waivers
and, as such, would not have any impact on intra- or inter-market
competition because the proposed change is solely designed to
accurately reflect the services that the Exchange currently offers,
thereby adding clarity to the Price List.
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    \7\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \10\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2021-41 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-NYSE-2021-41. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. 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-NYSE-2021-41 and should be submitted on
or before September 3, 2021.
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-17306 Filed 8-12-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49327-49330]
[FR Doc No: 2021-19002]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0513; FRL-8830-01-OCSPP]

Notice of Receipt of Requests To Voluntarily Cancel Certain
Pesticide Registrations and Amend Registrations To Terminate Certain
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by the registrants to voluntarily cancel their registrations of certain
products and to amend certain product registrations to terminate uses.
EPA intends to grant these requests at the close of the comment period
for this announcement unless the Agency receives substantive comments
within the comment period that would merit its further review of the
requests, or unless the registrants withdrew their requests. If these
requests are granted, any sale, distribution, or use of products listed
in this notice will be permitted after the registration has been
cancelled and uses terminated only if such sale, distribution, or use
is consistent with the terms as described in the final order.

DATES: Comments must be received on or before October 4, 2021.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2021-0513, through the Federal eRulemaking
Portal at http://www.regulations.gov. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.
    Submit written withdrawal request by mail to: Registration Division
(7502P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001. ATTN: Christopher
Green.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Registration
Division (7502P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your

comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. What action is the Agency taking?

    This notice announces receipt by EPA of requests from registrants
to cancel and terminate certain uses product registrations. The
affected products and the registrants making the requests are
identified in Tables 1-3 of this unit.
    Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order canceling and
amending the affected registrations.

                      Table 1--Product Registrations With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
            Registration No.                Company No.          Product name             Active ingredients
----------------------------------------------------------------------------------------------------------------
4-459...................................               4  Bonide Captan Wettable....  Captan.
100-1343................................             100  Pulsar Herbicide..........  Fluroxypyr-meptyl &
                                                                                Dicamba, diglycolamine
                                                                                salt.
279-3027................................             279  Ammo 2.5 EC Insecticide...  Cypermethrin.
279-3070................................             279  Cynoff WSP Insecticide....  Cypermethrin.
279-3591................................             279  Statement Herbicide.......  Metolachlor & Sodium salt
                                                                                of fomesafen.
499-371.................................             499  Whitmire PT 120 XLO         Phenothrin.
                                                           Sumithrin Contact
                                                           Insecticide.
499-376.................................             499  Whitmire PT 1810 Total      Bifenthrin.
                                                           Release Insecticide.
499-443.................................             499  Whitmire TC 161 Injection   Prallethrin & Cyfluthrin.
                                                           System.
499-471.................................             499  Whitmire Micro-Gen TC200    Prallethrin & lambda-
                                                           Injection System.           Cyhalothrin.
499-485.................................             499  TC 218....................  Cyfluthrin.
499-489.................................             499  TC 62.....................  Cyfluthrin.
499-523.................................             499  TC 260....................  Cyfluthrin.
499-538.................................             499  TC 130 Gen II.............  Cyfluthrin.
1381-188................................            1381  Battery 2.5 EC............  Cypermethrin.
2693-212................................            2693  Super Epoxycop with         1,3,5-Triazine-2,4-
                                                           Irgarol--Blue.              diamine, N-cyclopropyl-N'-
                                                                                (1,1-dimethylethyl)-6-
                                                                                (methylthio)- & Cuprous
                                                                                oxide.
5383-223................................            5383  Troy EX2407...............  1,2-Benzisothiazolin-3-one
                                                                                & Ziram.
7969-343................................            7969  Cyfluthrin Encapsulated     Cyfluthrin.
                                                           Residual Insecticide
                                                           Spray.
7969-361................................            7969  Priaxor D Fungicide.......  Tetraconazole;
                                                                                Fluxapyroxad &
                                                                                Pyraclostrobin.
8622-81.................................            8622  Stabilized Bromine          Sulfamic acid, bromo-,
                                                           Solution.                   monosodium salt.
34704-884...............................           34704  Bifenthrin 7 T&O..........  Bifenthrin.
34704-888...............................           34704  Bifenthrin 7.9% FL Nursery  Bifenthrin.
                                                           Insecticide/Miticide.
34704-899...............................           34704  PMN HG....................  Permethrin.
34704-919...............................           34704  Bisect Nursery Granular     Bifenthrin.
                                                           Insecticide.
34704-925...............................           34704  Termethrin 3.2 Termiticide/ Permethrin.
                                                           Insecticide (Alternate).
34704-956...............................           34704  Bisect CG Granules........  Bifenthrin.
34704-957...............................           34704  Bisect G (Alternate)......  Bifenthrin.
34704-963...............................           34704  Covert Termiticide/         Permethrin.
                                                           Insecticide.
34704-977...............................           34704  LPI Metolachlor...........  Metolachlor.
34704-1073..............................           34704  LPI S-Metolachlor           S-Metolachlor.
                                                           Herbicide.
34704-1027..............................           34704  Permethrin Cutworm Bait...  Permethrin.
60061-94................................           60061  Pettit Marine Paint Ultima  Cuprous oxide & 1,3,5-
                                                           SR Ablative Dual Biocide    Triazine-2,4-diamine, N-
                                                           Antifouling Bottom Paint.   cyclopropyl-N'-(1,1-
                                                                                dimethylethyl)-6-
                                                                                (methylthio)-
60061-110...............................           60061  Petit Marine Paint SR-21    1,3,5-Triazine-2,4-
                                                           Fresh Water Antifouling.    diamine, N-cyclopropyl-N'-
                                                                                (1,1-dimethylethyl)-6-
                                                                                (methylthio)-
60061-111...............................           60061  Copper Powder 1921........  Copper as elemental.
60061-117...............................           60061  Pettit Marine Paint Ultima  1,3,5-Triazine-2,4-
                                                           SR Antifouling Paint.       diamine, N-cyclopropyl-N'-
                                                                                (1,1-dimethylethyl)-6-
                                                                                (methylthio)- & Cuprous
                                                                                oxide.
60061-136...............................           60061  Pettit Hydrocoat SR Dual-   Cuprous oxide & 1,3,5-
                                                           Biocide Ablative            Triazine-2,4-diamine, N-
                                                           Antifouling.                cyclopropyl-N'-(1,1-
                                                                                dimethylethyl)-6-
                                                                                (methylthio)-
60061-141...............................           60061  Pettit Hydrocoat Pro SR     1,3,5-Triazine-2,4-
                                                           Dual-Biocide Ablative       diamine, N-cyclopropyl-N'-
                                                           Antifouling Paint.          (1,1-dimethylethyl)-6-
                                                                                (methylthio)- & Cuprous
                                                                                oxide.
62719-427...............................           62719  Dimension 1EC Turf          Dithiopyr.
                                                           Herbicide.
62719-468...............................           62719  Dimension Ultra 2SC.......  Dithiopyr.
83222-7.................................           83222  Cyper G-AG 2.5 EC           Cypermethrin.
                                                           Insecticide.
83222-30................................           83222  Clethodim 2 EC Herbicide..  Clethodim.
84229-18................................           84229  Tide Technical              Tebuconazole.
                                                           Tebuconazole.
AL-060006...............................           34704  Permethrin Insecticide....  Permethrin.
GA-060005...............................           34704  Permethrin Insecticide....  Permethrin.
ID-060017...............................           34704  Stealth Herbicide.........  Pendimethalin.
ID-060020...............................           34704  Stealth Herbicide.........  Pendimethalin.
MA-170001...............................           34704  Intensity Post-Emergence    Clethodim.
                                                           Grass Herbicide.
WA-160001...............................           90924  Formaldehyde Solution 37..  Formaldehyde.
----------------------------------------------------------------------------------------------------------------

                       Table 2--Product Registrations With Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
                                                                                Uses to be
         Registration No.            Company No.       Product name      Active ingredient        terminated
----------------------------------------------------------------------------------------------------------------
270-300..........................             270  Equicare Flysect     Stabilene; MGK 326;  Use on dogs.
                                                    Super-7 Repellent    MGK 264; Piperonyl
                                                    Spray.               butoxide;
                                                                         Pyrethrins &
                                                                         Permethrin.
19713-235........................           19713  Drexel Captan 50W..  Captan.............  Home and Garden
                                                                                Sublabel.
19713-362........................           19713  Drexel 80% Captan..  Captan.............  Home and Garden
                                                                                Sublabel.

19713-385........................           19713  Drexel 80% Kaptan..  Captan.............  Home and Garden
                                                                                Sublabel.
19713-405........................           19713  Drexel Captan 80     Captan.............  Home and Garden
                                                    WDF.                                      Sublabel.
19713-646........................           19713  Drexel Captan 50W    Captan.............  Home and Garden
                                                    Fungicide.                                Sublabel.
19713-652........................           19713  Drexel Captan 80     Captan.............  Home and Garden
                                                    WDG.                                      Sublabel.
47371-146........................           47371  HS-420 (10%) Water   1-Decanaminium, N-   Directions for use
                                                    Treatment            decyl-N,N-dimethyl-  for sanitization
                                                    Microbicide.         , chloride.          of food processing
                                                                                equipment and
                                                                                other hard
                                                                                surfaces in food
                                                                                contact locations.
47371-164........................           47371  Formulation HS-1210  Alkyl* dimethyl      Directions for use
                                                    Disinfectant/        benzyl ammonium      for re-circulating
                                                    Sanitizer (50%).     chloride *(50%C14,   water in cooling
                                                                         40%C12, 10%C16) &    towers and oil
                                                                         1-Decanaminium, N-   field flood or
                                                                         decyl-N,N-dimethyl-  saltwater disposal
                                                                         , chloride.          systems.
61842-21.........................           61842  Linex[supreg] 4L     Linuron............  Post-harvest; Crop
                                                    Agricultural                              stubble; Fallow
                                                    Herbicide.                                Ground; Stale
                                                                                Seedbed.
61842-22.........................           61842  Linuron Technical..  Linuron............  Terrestrial Non-
                                                                                Cropland; Lupine.
61842-23.........................           61842  Lorox DF             Linuron............  Corn (field);
                                                    Agricultural                              Potato; Sorghum.
                                                    Herbicide.
61842-24.........................           61842  Linuron Flake        Linuron............  Terrestrial Non-
                                                    Technical.                                Cropland; Lupine.
61842-32.........................           61842  Linuron Technical..  Linuron............  Terrestrial Non-
                                                                                Cropland; Lupine.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 and Table 2 of this
unit, in sequence by EPA company number. This number corresponds to the
first part of the EPA registration numbers of the products listed in
Table 1 and Table 2 of this unit.

Table 3--Registrants Requesting Voluntary Cancellation and/or Amendments
------------------------------------------------------------------------
          EPA Company No.                 Company name and address
------------------------------------------------------------------------
4.................................  Bonide Products, LLC, 6301 Sutliff
                                     Road, Oriskany, NY 13424.
100...............................  Syngenta Crop Protection, LLC, 410
                                     Swing Road, P.O. Box 18300,
                                     Greensboro, NC 27419-8300.
270...............................  Farnam Companies, Inc., 1501 E.
                                     Woodfield Road, Suite 200 West,
                                     Schaumburg, IL 60173.
279...............................  FMC Corporation, 2929 Walnut Street,
                                     Philadelphia, PA 19104.
499...............................  BASF Corporation, 26 Davis Drive,
                                     P.O. Box 13528, Research Triangle
                                     Park, NC 27709-3528.
1381..............................  Winfield Solutions, LLC, P.O. Box
                                     64589, St. Paul, MN 55164-0589.
2693..............................  International Paint, LLC, 6001
                                     Antoine Drive, Houston, TX 77091.
5383..............................  Troy Chemical Corporation, 8
                                     Vreeland Road, Florham Park, NJ
                                     07932.
7969..............................  BASF Corporation, 26 Davis Drive,
                                     P.O. Box 13528, Research Triangle
                                     Park, NC 27709-3528.
8622..............................  ICL-IP America, Inc., 11636
                                     Huntington Road, Gallipolis Ferry,
                                     WV 25515.
19713.............................  Drexel Chemical Company, P.O Box
                                     13327, Memphis, TN 38113-0327.
34704.............................  Loveland Products, Inc., P.O. Box
                                     1286, Greeley, CO 80632-1286.
47371.............................  H&S Chemicals Division of Lonza,
                                     LLC, 412 Mount Kemble Avenue,
                                     Morristown, NJ 07960.
60061.............................  Kop-Coat, Inc., 36 Pine Street,
                                     Rockaway, NJ 07866.
61842.............................  Tessenderlo Kerley, Inc., Agent
                                     Name: Pyxis Regulatory Consulting,
                                     Inc., 4110 136th Street Ct. NW, Gig
                                     Harbor, WA 98332.
62719.............................  Corteva Agriscience, LLC, 9330
                                     Zionsville Road, Indianapolis, IN
                                     46268.
83222.............................  Winfield Solutions, LLC, 1080 County
                                     Rd., F West, MS5705, P.O. Box
                                     64589, St. Paul, MN 55164.
84229.............................  Tide International, USA, Inc., Agent
                                     Name: Pyxis Regulatory Consulting,
                                     Inc., 4110 136th Street Ct. NW, Gig
                                     Harbor, WA 98332.
90924.............................  Championx, LLC, 11177 S. Stadium
                                     Drive, Sugar Land, TX 77478.
------------------------------------------------------------------------

III. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register.
    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation, EPA must provide
a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C)
(7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment
period on a request for voluntary cancellation or termination of any
minor agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants have requested that EPA waive the 180-day comment
period. Accordingly, EPA will provide a 30-day comment period on the
proposed requests.

IV. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product
cancellation or use deletion should submit the withdrawal in writing to
the person listed under FOR FURTHER INFORMATION CONTACT. If the
products have been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
action. If the requests for voluntary cancellation and amendments to
terminate uses are granted, the Agency intends to publish the
cancellation order in the Federal Register.
    In any order issued in response to these requests for cancellation
of product registrations and amendments to terminate uses, EPA proposes
to include the following provisions for the treatment of any existing
stocks of the products listed in Tables 1 and 2 of Unit II.
    For voluntary product cancellations, registrants will be permitted
to sell and distribute existing stocks of voluntarily canceled products
for 1 year after the effective date of the cancellation, which will be
the date of publication of the cancellation order in the Federal
Register. Thereafter, registrants will be prohibited from selling or
distributing the products identified in Table 1 of Unit II, except for
export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper
disposal.
    Once EPA has approved product labels reflecting the requested
amendments to terminate uses, registrants will be permitted to sell or
distribute products under the previously approved labeling for a period
of 18 months after the date of Federal Register publication of the
cancellation order, unless other restrictions have been imposed.
Thereafter, registrants will be prohibited from selling or distributing
the products whose labels include the terminated uses identified in
Table 2 of Unit II. except for export consistent with FIFRA section 17
or for proper disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products & products whose labels include
the terminated uses until supplies are exhausted, provided that such
sale, distribution, or use is consistent with the terms of the
previously approved labeling on, or that accompanied, the canceled
products & terminated uses.
    Authority: 7 U.S.C. 136 et seq.

    Dated: August 11, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-19002 Filed 9-1-21; 8:45 am]
BILLING CODE 6560-50-P