[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Notices]
[Pages 80792-80793]
[FR Doc No: 2023-25547]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98935; File No. SR-ISE-2023-20]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Order Approving a
Proposed Rule Change To Permit the Listing and Trading of P.M.-Settled
Nasdasq-100 Index[supreg] Options With a Third-Friday-of-the-Month
Expiration

November 14, 2023.

I. Introduction

    On September 28, 2023, Nasdaq ISE, LLC (``ISE'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
permit the listing and trading of p.m.-settled Nasdaq-100 Index options
with a third-Friday-of-the-month (``Third Friday'') expiration. The
proposed rule change was published for comment in the Federal Register
on October 4, 2023.\3\ The Commission did not receive any comment
letters and is approving the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 98643 (September 29,
2023), 88 FR 68843 (``Notice'').
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II. Description of the Proposal

    ISE proposes to amend its rules to permit the listing and trading
of p.m.-settled Nasdaq-100 Index (``NDXP'') options with a Third Friday
expiration. The Exchange currently can list a.m.-settled Third Friday
expirations on Nasdaq-100 Index (``NDX'') options.\4\ With this
proposal, the Exchange would have Third Friday expirations on NDX
options that are both a.m.-settled and p.m.-settled on the same day.\5\
The Exchange states that the conditions for listing options on NDXP
with Third Friday expirations will be similar to the a.m.-settled NDX
Third Friday expirations.\6\ The Exchange proposes to amend Options 4A,
Section 12(a)(6) to provide that in addition to a.m.-settled Nasdaq-100
Index options approved for trading on the Exchange, the Exchange may
also list options on the Nasdaq-100 Index whose exercise settlement
value is the closing value of the Nasdaq-100 Index on the expiration
day.
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    \4\ See Notice, supra note 3 at 68842.
    \5\ See id.
    \6\ See id.
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    The proposed contract would use a $100 multiplier, and the minimum
trading increment would be $0.05 for options trading below $3.00 and
$0.10 for all other series.\7\ Strike price intervals would be set at
no less than $2.50.\8\ Consistent with existing rules for index
options, the Exchange would allow up to nine near-term expiration
months \9\ as well as LEAPS.\10\ The product would have European-style
exercise. Because the product is based on NDX, there would be no
position limits.\11\
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    \7\ See Options 3, Section 3, Minimum Increments.
    \8\ See Options 4A, Section 12(c)(1).
    \9\ The Exchange proposes the same expiration month options for
NDXP as are permitted for the Nasdaq-100 Index, since both options
classes are derived from the Nasdaq-100 Index.
    \10\ See Options 4A, Section 12(b)(1).
    \11\ For a more detailed description of the proposed Third
Friday NDXP contract, see Notice, supra note 3.
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    NDXP options are series of the NDX options class.\12\ Currently,
these NDXP options may expire any day of the week: Mondays, Tuesdays,
Wednesdays, Thursdays, Fridays, as applicable (other than third-Friday-
of-the-month), and the last trading day of the month.\13\ Third Friday
p.m.-settled options trading under the NDXP symbol will be a new type
of series under the Nasdaq-100 Index options class and not a new
options class--therefore all Third-Friday NDXP options will be
aggregated together with all other standard expirations for applicable
reporting and other requirements.\14\
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    \12\ See Notice, supra note 3 at 68842.
    \13\ See Supplementary Material .07(a) to Options 4, Section 5.
    \14\ See Options 3, Section 6(c) and (d).
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    As with NDX, whenever the Exchange determines that additional
margin is warranted in light of the risks associated with an under-
hedged NDXP option position, including Third Friday NDXP, the Exchange
may consider imposing additional margin upon the account maintaining
such under-hedged position pursuant to its authority pursuant to
Exchange Rules Options 6E, Section 2.\15\ The trading hours for NDXP,
including Third Friday NDXP, will be from 9:30 a.m. to 4:15 p.m.
Eastern Time.\16\
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    \15\ See Notice, supra note 3 at 68843.
    \16\ The Exchange notes that trading in NDXP will ordinarily
cease at 4:00 p.m. on the day on which the exercise-settlement value
is calculated. See Notice, supra note 3 at 68843, n. 16.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the Act and the rules and regulations
thereunder applicable to a national securities exchange.\17\ In
particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\18\ which requires, among
other things, that the Exchange's rules be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.
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    \17\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \18\ 15 U.S.C. 78f(b)(5).
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    In support of its proposal, the Exchange notes that the Commission
recently approved trading of Third Friday expirations for options based
on \1/5\ the value of the Nasdaq-100 Index (``NQX'').\19\ The Exchange
states that the introduction of Third Friday NDXP will attract order
flow to the Exchange, increase the variety of listed options to
investors, and provide a valuable hedge tool to investors.\20\ The
Exchange

further believes that listing Third Friday NDXP would not have any
adverse effects or impact on market volatility and the operation of
fair and orderly markets on the underlying cash market at or near the
close of trading in its Nasdaq-100 Index options.\21\ Further, the
Exchange states it does not believe that any market disruptions will be
encountered with the introduction of Nasdaq-100 Index options with
third-Friday-of-the-month expiration dates.\22\ The Exchange states it
will monitor for any such disruptions or the development of any factors
that could cause such disruptions.\23\ Finally, the Exchange represents
it has sufficient capacity to handle additional traffic associated with
listing Third Friday NDXP options and that it has in place adequate
surveillance procedures to monitor trading in Third Friday NDXP
options.\24\
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    \19\ See Securities Exchange Act Release No. 98450 (September
20, 2023), 88 FR 66 111 (September 26, 2023) (SR-ISE-2023-08) (Order
Granting Approval of a Proposed Rule Change, as Modified by
Amendment No. 1, to Make Permanent Certain P.M.-Settled Pilots)
(``ISE Pilot Approval'').
    \20\ See Notice, supra note 3 at 68843.
    \21\ See id.
    \22\ See id.
    \23\ See id.
    \24\ See id.
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    The Commission has had concerns about the adverse effects and
impact of p.m.- settlement upon market volatility and the operation of
fair and orderly markets on the underlying cash market at or near the
close of trading on expiration days.\25\ However, the Commission
recently approved proposals from several exchanges, including the
Exchange, to permanently establish programs permitting the listing and
trading of certain p.m.-settled broad-based index options.\26\ In
approving these proposals, the Commission reviewed data provided by the
exchanges in their filings, the exchanges' pilot data and reports, as
well as an analysis conducted at the direction of Staff from the
Commission's Division of Economic and Risk Analysis and concluded that
analysis of the pilot data did not identify any significant economic
impact on the underlying component securities surrounding the close as
a result of expiring p.m.-settled options nor did it indicate a
deterioration in market quality for an existing product when a new
p.m.-settled expiration was introduced.\27\ Further, the Commission
stated that significant changes in closing procedures in the decades
since index options moved to a.m. settlement may also serve to mitigate
the potential impact of p.m.-settled index options on the underlying
cash markets.\28\
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    \25\ See Securities Exchange Act Release No. 65256 (September 2,
2011), 76 FR 55969, at 55972 (September 9, 2011) (SR-C2-2011-008)
(Order approving proposed rule change to establish a pilot program
to list and trade SPXPM options on the C2 Options Exchange,
Incorporated).
    \26\ See e.g., ISE Pilot Approval; Securities Exchange Act
Release Nos. 98451 (September 20, 2023), 88 FR 66088 (September 26,
2023) (SR-Phlx-203-07) (Order approving a nonstandard expirations
pilot program and p.m.-settled XND options) and 98454 (September 20,
2023), 88 FR 66103 at 66103-04 (September 26, 2023) (SR-CBOE-2023-
005)(Order approving p.m.-settled Third Friday SPX options).
    \27\ See e.g., ISE Pilot Approval, 88 FR at 66114.
    \28\ See id.
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    As noted above, the Exchange currently may trade Third Friday NQX
options in addition to p.m.-settled NDX option with nonstandard
expirations.\29\ The Exchange's proposal, which would permit p.m.-
settled Third Friday NDX, is reasonably designed as a limited expansion
of existing p.m.-settled broad-based index option programs and may
provide the investing public and other market participants more
flexibility to closely tailor their investment and hedging decisions.
The Exchange has represented that it has an adequate surveillance
program in place to monitor trading in the Third Friday NDXP options
and has the necessary systems capacity to support the new options
series.\30\ The Commission expects the Exchange to continue to monitor
any potential risks from large p.m.-settled positions and take
appropriate action on a timely basis if warranted.
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    \29\ See supra note 19. In addition, the Commission previously
approved a pilot program permitting the listing and trading of Third
Friday NDX options on Nasdaq PHLX LLC (``Phlx''). See Securities
Exchange Act Release No. 81293 (August 2, 2017), 82 FR 37138 (August
8, 2017) (approving SR-Phlx-2017-04). Phlx did not list any options
under the program and subsequently removed the rule from its rule
book. See Securities Exchange Act Release No. 87517 (November 13,
2019), 84 FR 63910 (November 19, 2019) (SR-Phlx-2019-49).
    \30\ See supra note 24 and accompanying text.
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    Accordingly, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act \31\ and the rules and
regulations thereunder applicable to a national securities exchange.
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    \31\ 15 U.S.C. 78f(b)(5).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\32\ that the proposed rule change (SR-ISE-2023-20) be, and hereby
is, approved.
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    \32\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
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    \33\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-25547 Filed 11-17-23; 8:45 am]
BILLING CODE 8011-01-P


                         UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF COLUMBIA

STATE OF NEW YORK, et al.,				)
					 			)
	Plaintiffs,						)	Civil Action
								)	No. 13 -1553 (GK)
		v.						)
								) 	and consolidated case
GINA MCCARTHY, Administrator,				)
Environmental Protection Agency, and			) 	Civil Action
ENVIRONMENTAL PROTECTION AGENCY,		)	No. 13 -1555 (GK)
								)
	Defendants.  						)
________________________________________________)

                            PARTIAL CONSENT DECREE

	WHEREAS, Plaintiffs, the States of New York, Connecticut, Maryland, Oregon, Rhode Island, and Vermont; the Commonwealth of Massachusetts; and Puget Sound Clean Air Agency (jointly referred to as "State Plaintiffs"), filed Civil Action No. 13-1553 (GK) pursuant to Clean Air Act ("CAA") section 304(a)(2), 42 U.S.C. § 7604(a)(2), against Defendants Gina McCarthy, Administrator, and the United States Environmental Protection Agency (jointly referred to as "EPA");
	WHEREAS, Plaintiffs, American Lung Association; Environmental Defense Fund; Clean Air Council; and Environment and Human Health, Inc. (jointly referred to as "Environmental Plaintiffs"), filed Civil Action No. 13-1555 (GK) pursuant to Clean Air Act ("CAA") section 304(a)(2), 42 U.S.C. § 7604(a)(2), against EPA;
	WHEREAS, the Court consolidated Civil Action Nos. 13-1553 and 13-1555 (GK);
	WHERAS, the Court granted the motion to intervene as Plaintiff filed by the Hearth, Patio & Barbecue Association ("Association Plaintiff");
	WHEREAS, the complaints filed by the State, Environmental, and Association Plaintiffs each allege that EPA failed to perform a nondiscretionary duty under CAA section 111(b)(1)(B), 42 U.S.C. § 7411(b)(1)(B) to, at least every 8 years, review and, if appropriate, revise the new performance standards for new residential wood heaters that were promulgated by EPA in 1988.  40 C.F.R. Part 60, Subpart AAA ("Wood Heater NSPS Standards");
      WHEREAS, the relief requested in the Complaints filed by the State, Environmental, and Association Plaintiffs includes, among other things, an order from this Court to establish a date certain by when EPA must fulfill its obligations under CAA section 111(b)(1)(B), 42 U.S.C. § 7411(b)(1)(B), with respect to the Wood Heater NSPS Standards;
	WHEREAS, it is in the interest of the public, the parties, and judicial economy to resolve claims without further litigation;
	WHEREAS, the State and Environmental Plaintiffs and EPA (jointly referred to as "Parties") have agreed to a settlement of all claims asserted by the State and Environmental Plaintiffs in their Complaints, without any admission or adjudication of fact or law, which they consider to be a just, fair, adequate and equitable resolution of said claims;
	WHEREAS, the Association Plaintiff has not agreed to settle its claims against EPA and does not join in this Consent Decree;
	WHEREAS, the Court finds and determines that the settlement represents a just, fair, adequate and equitable resolution of the claims asserted by the State and Environmental Plaintiffs;
	WHEREAS, by entering into this Consent Decree, the State and Environmental Plaintiffs do not waive any claims and EPA does not waive any defenses, on any grounds, related to any matters asserted in this action that are not resolved by this Decree;
  	NOW THEREFORE, it is hereby ORDERED, ADJUDGED AND DECREED as follows:
	1.	This Court has jurisdiction over the claims set forth in the Complaints of the State and Environmental Plaintiffs in these consolidated actions and may order the relief contained in the Consent Decree.  Venue is proper in the District of Columbia.
	2.	No later than February 3, 2015, EPA shall sign a Federal Register notice taking final action with respect to the Wood Heater NSPS Standards, 40 C.F.R. Part 60, Subpart AAA, with such modifications as EPA deems appropriate under CAA section 111(b)(1)(B), 42 U.S.C. § 7411(b)(l )(B).
	3.	EPA shall deliver to the Office of the Federal Register for publication the notice of final rulemaking described in Paragraph 2 no later than ten business days after signature of such notice.  Following such delivery, EPA shall not take any action (other than as necessary to correct any typographical error or other errors in form) to delay or otherwise interfere with publication of such notice in the Federal Register.  In addition, EPA shall make available copies of said notice to the State and Environmental Plaintiffs within five business days after signature.
	4.	The deadlines in Paragraphs 2 and 3 above may be extended by written stipulation executed by counsel for EPA and the State and Environmental Plaintiffs and filed with the Court, or by the Court upon motion made pursuant to the Federal Rules of Civil Procedure by EPA and upon consideration of any response by these Plaintiffs and reply by EPA.
	5.	EPA agrees that the State and Environmental Plaintiffs are entitled to recover costs of litigation (including attorneys' fees) ("litigation costs") incurred in this matter pursuant to 42 U.S.C. § 7604(d).  The deadline for the filing of any motion for litigation costs for activities performed prior to the lodging of this decree with the Court is hereby extended for a period of 120 days.  During this time the Parties shall seek to resolve informally any claim for litigation costs, and if they cannot reach a resolution, the State and Environmental Plaintiffs may seek such litigation costs from the Court.  The Court shall retain jurisdiction to resolve any request for litigation costs.  The State and Environmental Plaintiffs reserve their right to seek litigation costs for any work performed after the lodging of this Consent Decree.  EPA does not concede that the State and Environmental Plaintiffs will be entitled to fees for any work performed after the lodging of the Consent Decree, and the parties reserve all claims and defenses with respect to any future costs of litigation claim.
	6.	The State and Environmental Plaintiffs and EPA shall not challenge the terms of this Consent Decree or this Court's jurisdiction to enter and enforce this Consent Decree.
	7.	Except for claims for litigation costs pursuant to Paragraph 5 above, the State and Environmental Plaintiffs and EPA agree that this Consent Decree shall constitute a complete and final settlement of all claims that the State and Environmental Plaintiffs asserted against the United States, including EPA, under any provision of law, in State of New York, et al. v. EPA, Case No. 1:13-cv-1553-GK (and consolidated case).  The State and Environmental Plaintiffs therefore discharge and covenant not to sue the United States, including EPA, for such claims.  The Parties agree that this discharge and covenant not to sue shall not apply to any claim that may arise if any final rule signed pursuant to Paragraph 2 is vacated or withdrawn.  EPA retains all rights and defenses, including jurisdictional challenges, in the event any such claim is filed by the State or Environmental Plaintiffs.
	8.	Nothing in this Consent Decree shall be construed to limit or modify any discretion accorded EPA by the CAA or by general principles of administrative law in taking the actions which are the subject of this Consent Decree, including the discretion to alter, amend, or revise any final actions contemplated by this Consent Decree.  EPA's obligation to perform the actions specified by Paragraph 2 and 3 does not constitute a limitation or modification of EPA's discretion within the meaning of this paragraph.
	9.	Nothing in this Consent Decree shall be construed as an admission of any issue of fact or law or to waive or limit any claim or defense, on any grounds, related to any final action EPA may take with respect to the rulemaking identified in Paragraph 2 of this Consent Decree.
	10.	Nothing in this Consent Decree shall be construed to confer upon the district court jurisdiction to review any final rule issued by EPA pursuant to this Consent Decree.  Nothing in this Consent Decree shall be construed to confer upon the district court jurisdiction to review any issues that are within the exclusive jurisdiction of the United States Court of Appeals pursuant to 42 U.S.C. § 7607(b)(1).  Nothing in this Consent Decree shall be construed to waive any claims or defenses the Parties may have under 42 U.S.C. § 7607(b)(1).
	11.	The Parties recognize and acknowledge that the obligations imposed upon EPA under this Consent Decree can only be undertaken using appropriated funds legally available for such purpose.   No provision of this Consent Decree shall be interpreted as or constitute a commitment or requirement that EPA obligate or pay funds in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other applicable provision of law.
	12.	Any notices required or provided for by this Consent Decree shall be made in writing or by email and sent to the following:

For State Plaintiffs:

Michael J. Myers
New York State Attorney General
Environmental Protection Bureau
The Capitol
Albany, NY  12224
<EMAIL_ADDRESS>
Scott N. Koschwitz
State of Connecticut
Office of the Attorney General
P.O. Box 120
55 Elm Street
Hartford, CT  06141-0120
<EMAIL_ADDRESS>
Mary E. Raivel
Office of the Attorney General of Maryland
Maryland Department of the Environment
1800 Washington Boulevard Suite 6048
Baltimore, MD  21230
<EMAIL_ADDRESS>
Frederick D. Augenstern
Office of the Attorney General
1 Ashburton Place 18th Floor
Boston, MA  02108
<EMAIL_ADDRESS>
Paul A. Garrahan
Oregon Department of Justice
Natural Resources Section, General Counsel Division
1515 SW Fifth Avenue Suite 400
Portland, OR  97239
<EMAIL_ADDRESS>
Gregory S. Schultz
Rhode Island Department of Attorney General
Civil Unit 150 South Main Street
Providence, RI  02903
<EMAIL_ADDRESS>
Thea Schwartz
State of Vermont
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
<EMAIL_ADDRESS>
Laurie Halvorson
Puget Sound Clean Air Agency
1904 Third Avenue Suite 105
Seattle, WA  98101
<EMAIL_ADDRESS>

For Environmental Plaintiffs:

Timothy D. Ballo
Earthjustice
1625 Massachusetts Avenue, NW Suite 702
Washington, DC  20036
<EMAIL_ADDRESS>
Tomás Carbonell
Environmental Defense Fund
1875 Connecticut Ave., NW
Sixth Floor
Washington, DC 20009
<EMAIL_ADDRESS>
For Defendant:

Eileen T. McDonough
Environmental Defense Section
U.S. Department of Justice
P.O. Box 7611
Washington, D.C. 20044
<EMAIL_ADDRESS>
Scott Jordan
U.S. Environmental Protection Agency
William Jefferson Clinton North Building
1200 Pennsylvania Avenue, NW
Mail Code: 2344A
Washington, D.C. 20460
<EMAIL_ADDRESS>	13.	In the event of a dispute among the Parties concerning the interpretation or implementation of any aspect of this Consent Decree, the disputing Party shall provide the other Party with a written notice outlining the nature of the dispute and requesting informal negotiations.  The Parties shall meet and confer to attempt to resolve the dispute.   If the Parties cannot reach an agreed-upon resolution after ten (10) business days following receipt of the written notice, any Party may move the Court to resolve the dispute.
	14.	No motion or other proceeding seeking to enforce this Consent Decree or for contempt of court shall be properly filed unless the Party seeking to enforce this Consent Decree has followed the procedure set forth in Paragraph 13.
	15.	The Court shall retain jurisdiction to determine and effectuate compliance with this Consent Decree, to resolve any disputes thereunder, and to consider any requests for costs of litigation (including reasonable attorneys' fees).  After EPA's obligations under Paragraphs 2 and 3 have been completed and after publication of notice of the final action required by Paragraph 2 in the Federal Register, EPA may move to have this Consent Decree terminated.  The State and Environmental Plaintiffs shall have 14 days in which to respond to such motion.
	16.	 It is hereby expressly understood and agreed that this Consent Decree was jointly drafted by the Parties and that any and all rules of construction to the effect that ambiguity is construed against the drafting party shall be inapplicable in any dispute concerning the terms, meaning, or interpretation of this Consent Decree.
	17.	The Parties agree and acknowledge that before this Consent Decree is entered by the Court, EPA must provide notice of this Consent Decree in the Federal Register and an opportunity for public comment pursuant to CAA section 113(g), 42 U.S.C. § 7413(g).  EPA will deliver a public notice of this Consent Decree to the Office of the Federal Register for publication and public comment within twenty-one (21) days after lodging this Consent Decree with the Court.  After this Consent Decree has undergone notice and comment, the Administrator and/or the Attorney General, as appropriate, shall promptly consider any written comments received in determining whether to withdraw or withhold their consent to the Consent Decree, in accordance with CAA section 113(g).  If the Administrator and the Attorney General do not elect to withdraw or withhold consent, EPA shall promptly file a motion that requests that the Court enter this Consent Decree.  If a motion to enter the Consent Decree is not filed within ninety (90) days after the notice is published in the Federal Register, any party may file dispositive motions in this matter.
      18.	The undersigned certify that they are fully authorized by the Party or Parties they represent to bind that Party or those Parties to the terms of this Consent Decree.
	SO ORDERED this ___ day of  ________________, 2014.
						_________________________________
						HON. GLADYS KESSLER
						UNITED STATES DISTRICT JUDGE

SO AGREED:

For State Plaintiffs:				/s/  Michael J. Myers
                                    Michael J. Myers
                                    New York State Attorney General
                                    Environmental Protection Bureau
                                    The Capitol
                                    Albany, NY  12224
<EMAIL_ADDRESS>
                                    /s/  Scott N. Koschwitz
                                    Scott N. Koschwitz
                                    State of Connecticut
                                    Office of the Attorney General
                                    P.O. Box 120
                                    55 Elm Street
                                    Hartford, CT  06141-0120
<EMAIL_ADDRESS>
                                    /s/  Mary E. Raivel
                                    Mary E. Raivel
                                    Office of the Attorney General of Maryland
                                    Maryland Department of the Environment
                                    1800 Washington Boulevard Suite 6048
                                    Baltimore, MD  21230
<EMAIL_ADDRESS>
                                    /s/  Frederick D. Augenstern
                                    Frederick D. Augenstern
                                    Office of the Attorney General
                                    1 Ashburton Place 18th Floor
                                    Boston, MA  02108
<EMAIL_ADDRESS>
                                    /s/  Paul A. Garrahan
                                    Paul A. Garrahan
                                    Oregon Department of Justice
                                    Natural Resources Section, General Counsel Division
                                    1515 SW Fifth Avenue Suite 400
                                    Portland, OR  97239
<EMAIL_ADDRESS>
                                    /s/  Gregory S. Schultz
                                    Gregory S. Schultz
                                    Rhode Island Department of Attorney General
                                    Civil Unit 150 South Main Street
                                    Providence, RI  02903
<EMAIL_ADDRESS>
                                    /s/  Thea Schwartz
                                    Thea Schwartz
                                    State of Vermont
                                    Office of the Attorney General
                                    109 State Street
                                    Montpelier, VT  05609-1001
<EMAIL_ADDRESS>
                                    /s/  Laurie Halvorson
                                    Laurie Halvorson
                                    Puget Sound Clean Air Agency
                                    1904 Third Avenue Suite 105
                                    Seattle, WA  98101
<EMAIL_ADDRESS>

For Environmental Plaintiffs:			/s/  Timothy D. Ballo
                                    Timothy D. Ballo
                                    Earthjustice
                                    1625 Massachusetts Avenue, NW Suite 702
                                    Washington, DC  20036
<EMAIL_ADDRESS>

For Defendant:				Robert G. Dreher
						Acting Assistant Attorney General

                                    /s/  Eileen T. McDonough
                                    Eileen T. McDonough
                                    Environmental Defense Section
                                    U.S. Department of Justice
                                    P.O. Box 7611
                                    Washington, D.C. 20044
<EMAIL_ADDRESS>
                                    Scott Jordan
                                    U.S. Environmental Protection Agency
                                     William Jefferson Clinton North Building
                                    1200 Pennsylvania Avenue, NW
                                    Mail Code: 2344A
                                    Washington, D.C. 20460
<EMAIL_ADDRESS>


[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Proposed Rules]
[Pages 54846-54848]
[FR Doc No: 2012-21946]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0930; Directorate Identifier 2011-NM-251-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc. Model BD-100-1A10 (Challenger 300) airplanes.
This proposed AD was prompted by reports of failure of a screw cap or
end cap of the auxiliary hydraulic system accumulator while on the
ground, which resulted in loss of use of that hydraulic system and
high-energy impact damage to adjacent systems and structures. This
proposed AD would require inspecting for the correct serial number of a
certain hydraulic system accumulator, and replacing affected hydraulic
system accumulators with new or serviceable accumulators. We are
proposing this AD to prevent failure of a screw cap or end cap and loss
of the related hydraulic system, which could result in damage to
airplane structure and consequent reduced controllability of the
airplane.

DATES: We must receive comments on this proposed AD by October 22,
2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0930;
Directorate Identifier 2011-NM-251-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-41, dated October 31, 2011 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    Seven cases of on-ground hydraulic accumulator screw cap/end cap
failure have been experienced on CL-600-2B19 aeroplanes, resulting
in loss of the associated hydraulic system and high-energy impact
damage to adjacent systems and structure. To date, the lowest number
of flight cycles accumulated at the time of failure has been 6991.
    Although there have been no failures to date on any BD-100-1A10
aeroplanes, accumulators similar to those installed on the CL-600-
2B19 are installed on them. The affected part numbers (P/Ns) of the
accumulators installed on BD-100-1A10 are 900095-1 (Auxiliary
Hydraulic System accumulator), 08-60219-001 (Inboard Brake
accumulator), and 08-60218-001 (Outboard Brake accumulator).
    A detailed analysis of the calculated line of trajectory of a
failed screw cap/end cap for the accumulator has been conducted,
resulting in the identification of areas where systems and/or
structural components could potentially be damaged. Although all of
the failures to date have occurred on the ground, an in-flight
failure affecting such components could potentially have an adverse
effect on the controllability of the aeroplane.
    This [TCCA] directive provides the initial action by mandating
the replacement of the Auxiliary Hydraulic System accumulators that
are not identified by the letter ``E'' after the serial number on
the identification plate. Further corrective actions are anticipated
to rectify similar safety concerns with the Inboard and Outboard
Brake accumulators.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 100-29-14, dated December
16, 2010. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    We estimate that this proposed AD would affect 75 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection to determine part numbers  1 work-hour x $85 per                $0              $85           $6,375
                                       hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed inspection.
We have no way of determining the number of aircraft that might need
these replacements.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Hydraulic accumulator replacement............  4 work-hours x $85 per hour =                $0             $340
                                                $340.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2012-0930; Directorate Identifier
2011-NM-251-AD.

(a) Comments Due Date

    We must receive comments by October 22, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model BD-100-1A10
(Challenger 300) airplanes, certificated in any category, having
serial numbers 20003 through 20335 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic
Power.

(e) Reason

    This AD was prompted by reports of failure of a screw-cap or end
cap of the auxiliary hydraulic system accumulator while on the
ground, which resulted in loss of use of that hydraulic system and
high-energy impact damage to adjacent systems and structures. We are
issuing this AD to prevent failure of a screw cap or end cap and
loss of the related hydraulic system, which could result in damage
to airplane structure and consequent reduced controllability of the
airplane.

(f) Compliance

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

(g) Inspection

    At the applicable time specified in paragraph (g)(1), (g)(2), or
(g)(3) of this AD: Inspect the identification plate on the hydraulic
system accumulator having part number (P/N) 900095-1 to determine if
an ``E'' is part of the suffix of the serial number stamped on the
identification plate, as listed in paragraph 2.B. of the
Accomplishment Instructions of Bombardier Service Bulletin 100-29-
14, dated December 16, 2010. A review of airplane maintenance
records is acceptable in lieu of this inspection if the suffix of
the serial number can be conclusively determined from that review.
    (1) For an accumulator that has accumulated more than 3,150
total flight cycles as of the effective date of this AD, inspect
that accumulator within 350 flight cycles after the effective date
of this AD.
    (2) For an accumulator that has accumulated 3,150 or fewer total
flight cycles as of the effective date of this AD, inspect that
accumulator before it has accumulated 3,500 total flight cycles.
    (3) For an accumulator on which it is not possible to determine
the total flight cycles accumulated as of the effective date of this
AD, inspect that accumulator within 350 flight cycles after the
effective date of this AD.

(h) Replacement

    If, during the inspection required by paragraph (g) of this AD,
any accumulator having P/N 900095-1 is found on which the letter
``E'' is not part of the suffix of the serial number on the
identification plate: Before further flight, replace the accumulator
with a new or serviceable accumulator, in accordance with paragraph
2.C. of the Accomplishment Instructions of Bombardier Service
Bulletin 100-29-14, dated December 16, 2010.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install on
any airplane a hydraulic system accumulator having P/N 900095-1, on
which the letter ``E'' is not part of the suffix of the serial
number on the identification plate.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the ACO, send it to Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax (516) 794-
5531. Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office. The AMOC approval letter must specifically
reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(k) Related Information

    (1) Refer to MCAI Canadian Airworthiness Directive CF-2011-41,
dated October 31, 2011; and Bombardier Service Bulletin 100-29-14,
dated December 16, 2010; for related information.
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on August 24, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-21946 Filed 9-5-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Notices]
[Pages 34734-34736]
[FR Doc No: 2021-13934]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-458-000]

Golden Pass Pipeline, LLC; Notice of Application for Amendment
and Establishing Intervention Deadline

    Take notice that on June 11, 2021, Golden Pass Pipeline LLC (GPPL),
811 Louisiana Street, Suite 1400, Houston, Texas 77002, filed an
application under section 7(c) of the Natural Gas Act (NGA), and Part
157 of the Commission's regulations requesting to amend the
authorization granted December 21, 2016 (December 2016 Order) \1\ to
construct and operate the Section 3 export facilities. The proposed MP
33 Compressor Station Modification Project(project) entails relocation
of and modifications to a portion of the facilities approved in the
December 2016 Order to enable GPPL to transport domestically sourced
natural gas to the export terminal facilities of Golden Pass LNG
Terminal LLC (GPLNG). Construction of the export terminal facilities
commenced in 2019.
---------------------------------------------------------------------------

    \1\ Golden Pass Products LLC and Golden Pass Pipeline LLC, 157
FERC ] 61,222 (2016).
---------------------------------------------------------------------------

    The MP 33 Compressor Station Modification Project or Project
consists of the following: (1) Relocate the Vidor

Compressor Station approximately 50 feet north-northwest to avoid an
existing pipeline right-of-way based on a landowner request; (2)
increase the authorized compression at the Vidor Compressor Station
from 17,994 horsepower (hp) to 37,101 hp; (3) three new interconnects
and appurtenant facilities adjacent to the MP 33 Compressor Station;
and (4) elimination of receipt facilities at the existing Texoma
delivery interconnect on GPPL's existing system. Golden Pass Pipeline
estimates the total cost of the Project to be $25,521,000.
    Golden Pass Pipeline's application states that a water quality
certificate under section 401 of the Clean Water Act is required for
the project from Louisiana Department of Environmental Quality, Water
Quality Division. The request for certification must be submitted to
the certifying agency and to the Commission concurrently. Proof of the
certifying agency's receipt date must be filed no later than five (5)
days after the request is submitted to the certifying agency.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Any questions regarding the proposed project should be directed to
Kevin M. Sweeney, Legal Counsel, Golden Pass Pipeline, LLC, 1717 K
Street NW, Suite 900, Washington, DC 20006, by phone at<PHONE_NUMBER>,
or by email at<EMAIL_ADDRESS>    Pursuant to Section 157.9 of the Commission's Rules of Practice and
Procedure,\2\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
---------------------------------------------------------------------------

    \2\ 18 CFR (Code of Federal Regulations) 157.9.
---------------------------------------------------------------------------

Public Participation

    There are two ways to become involved in the Commission's review of
this project: You can file comments on the project, and you can file a
motion to intervene in the proceeding. There is no fee or cost for
filing comments or intervening. The deadline for filing a motion to
intervene is 5:00 p.m. Eastern Time on [July 14, 2021].

Comments

    Any person wishing to comment on the project may do so. Comments
may include statements of support or objections to the project as a
whole or specific aspects of the project. The more specific your
comments, the more useful they will be. To ensure that your comments
are timely and properly recorded, please submit your comments on or
before July 14, 2021.
    There are three methods you can use to submit your comments to the
Commission. In all instances, please reference the Project docket
number CP21-458-000 in your submission.
    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's website at www.ferc.gov
under the link to Documents and Filings. Using eComment is an easy
method for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; first select ``General'' and then select ``Comment on a
Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address below . Your written comments must reference the
Project docket number (CP21-458-000).

To mail via USPS, use the following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426
To mail via any other courier, use the following address: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852

    The Commission encourages electronic filing of comments (options 1
and 2 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Persons who comment on the environmental review of this project
will be placed on the Commission's environmental mailing list, and will
receive notification when the environmental documents (EA or EIS) are
issued for this project and will be notified of meetings associated
with the Commission's environmental review process.
    The Commission considers all comments received about the project in
determining the appropriate action to be taken. However, the filing of
a comment alone will not serve to make the filer a party to the
proceeding. To become a party, you must intervene in the proceeding.
For instructions on how to intervene, see below.

Interventions

    Any person, which includes individuals, organizations, businesses,
municipalities, and other entities,\3\ has the option to file a motion
to intervene in this proceeding. Only intervenors have the right to
request rehearing of Commission orders issued in this proceeding and to
subsequently challenge the Commission's orders in the U.S. Circuit
Courts of Appeal.
---------------------------------------------------------------------------

    \3\ 18 CFR 385.102(d).
---------------------------------------------------------------------------

    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \4\ and the regulations under the NGA \5\ by the
intervention deadline for the project, which is [July 14, 2021]. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
the your interest in the proceeding. [For an individual, this could
include your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have

property directly impacted by the project in order to intervene.] For
more information about motions to intervene, refer to the FERC website
at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \4\ 18 CFR 385.214.
    \5\ 18 CFR 157.10.
---------------------------------------------------------------------------

    There are two ways to submit your motion to intervene. In both
instances, please reference the Project docket number CP21-458-000 in
your submission.
    (1) You may file your motion to intervene by using the Commission's
eFiling feature, which is located on the Commission's website
(www.ferc.gov) under the link to Documents and Filings. New eFiling
users must first create an account by clicking on ``eRegister.'' You
will be asked to select the type of filing you are making; first select
``General'' and then select ``Intervention.'' The eFiling feature
includes a document-less intervention option; for more information,
visit https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf; or
    (2) You can file a paper copy of your motion to intervene, along
with three copies, by mailing the documents to the address below. Your
motion to intervene must reference the Project docket number CP21-458-
000.

To mail via USPS, use the following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426
To mail via any other courier, use the following address: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852

    The Commission encourages electronic filing of motions to intervene
(option 1 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Motions to intervene must be served on the applicant either by mail
or email at: 1717 K Street NW, Suite 900, Washington, DC 20006 or at
<EMAIL_ADDRESS>Any subsequent submissions by an intervenor
must be served on the applicant and all other parties to the
proceeding. Contact information for parties can be downloaded from the
service list at the eService link on FERC Online. Service can be via
email with a link to the document.
    All timely, unopposed \6\ motions to intervene are automatically
granted by operation of Rule 214(c)(1).\7\ Motions to intervene that
are filed after the intervention deadline are untimely and may be
denied. Any late-filed motion to intervene must show good cause for
being late and must explain why the time limitation should be waived
and provide justification by reference to factors set forth in Rule
214(d) of the Commission's Rules and Regulations.\8\ A person obtaining
party status will be placed on the service list maintained by the
Secretary of the Commission and will receive copies (paper or
electronic) of all documents filed by the applicant and by all other
parties.
---------------------------------------------------------------------------

    \6\ The applicant has 15 days from the submittal of a motion to
intervene to file a written objection to the intervention.
    \7\ 18 CFR 385.214(c)(1).
    \8\ 18 CFR 385.214(b)(3) and (d).
---------------------------------------------------------------------------

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.
    Intervention Deadline: 5:00 p.m. Eastern Time on July 14, 2021.

    Dated: June 23, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-13934 Filed 6-29-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Rules and Regulations]
[Pages 68037-68039]
[FR Doc No: 2019-26849]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0960; Product Identifier 2019-CE-049-AD; Amendment
39-19805; AD 2019-23-11]
RIN 2120-AA64

Airworthiness Directives; Gulfstream Aerospace Corporation
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Gulfstream Aerospace Corporation (Gulfstream) Model GVI airplanes. This
AD requires revising the airplane flight manual (AFM) for your airplane
by adding an airplane flight manual supplement (AFMS), which contains
operating limitations and abnormal procedures for loss of rudder or yaw
damper. This AD was prompted by a report of an inflight rudder surface
shutdown that resulted in lateral-directional oscillations of the
airplane. The FAA is issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective December 30, 2019.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 30,
2019.
    The FAA must receive comments on this AD by January 27, 2020.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Gulfstream Aerospace Corporation, Technical Publications Dept., P.O.
Box 2206, Savannah, GA 31402-2206; telephone:<PHONE_NUMBER>; fax:
(912) 965-3520; email<EMAIL_ADDRESS>internet: https://www.gulfstream.com/customer-support. You may view this service
information at the FAA, Policy and Innovation Division, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available on
the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0960.

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-2019-
0960; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    The AD docket contains this final rule, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations is listed above. Comments will be available in
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Alex Armas, Aerospace Engineer,
Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park, Georgia
30337; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On October 1, 2019, the FAA received a report from Gulfstream of an
inflight rudder surface shutdown that resulted in lateral-directional
oscillations on a Model GVI airplane. The flight crew experienced an
amber ``Rudder Fail'' crew alerting system message at flight level 340
and was unable to command any movement of the rudder. The flight crew
attempted a Flight Control Reset, but the condition remained. Following
the rudder shutdown, the airplane experienced sustained lateral-
directional oscillations, which persisted for eight minutes before the
flight crew was able to stop the oscillations. The flight crew made an
emergency landing of the airplane with no rudder authority.
    The investigation of this inflight event revealed the root cause as
an unstable rudder hinge moment when the aircraft is in a sideslip
condition, combined with a rudder surface shutdown, which is inherent
to the GVI aircraft type design.
    A rudder ``shutdown'' occurs when the flight control computer
detects a rudder control anomaly and commands the rudder hydraulic
actuators into damped bypass mode. When this happens, the rudder
becomes unusable and ``floats'' at the aerodynamic neutral position.
After a rudder shutdown, the combination of the unstable rudder hinge
movement with an airplane sideslip could lead to uncontrollable
lateral-directional oscillations of the airplane when operated within
the flight envelope at high altitude and high speed.
    This condition, if not addressed, could result in catastrophic
structural damage or loss of control of the airplane. The FAA is
issuing this AD to address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Gulfstream Aerospace G650 Airplane Flight Manual
Supplement No. G650-2019-03, dated November 4, 2019; and Gulfstream
Aerospace G650ER Airplane Flight Manual Supplement No. G650ER-2019-03,
dated November 4, 2019. For the applicable airplane designations, the
AFMSs contain new altitude limitations, revised airspeed limitations,
and revised abnormal procedures for loss of rudder or yaw damper. These
limitations prevent the airplane from operating in the portion of the
flight envelope where instability has occurred. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

FAA's Determination

    The FAA is issuing this AD because it evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires revising the AFM for your airplane by adding the
applicable AFMS, which contains limitations to the operating envelope
of the airplane and revised abnormal procedures for loss of rudder or
yaw damper.

Differences Between the AD and the Service Information

    The AFMSs apply to Model GVI airplanes that do not incorporate
aircraft service change (ASC) 134. However, this

AD applies to all Model GVI airplanes, regardless of whether the
airplane has ASC 134. Gulfstream plans to develop a modification,
tentatively identified as ASC 134, to correct the unsafe condition and
terminate the operating limitations and abnormal procedures in the
AFMS.

Interim Action

    The FAA considers this AD interim action. Gulfstream is analyzing
the airplane lateral-directional oscillations and developing a
terminating action that will address the unsafe condition identified in
this AD. Once this action is developed, approved, and available, the
FAA may consider additional rulemaking.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because a rudder shutdown during high altitude and high speed could
produce uncontrollable lateral-directional oscillations of the airplane
and result in catastrophic structural damage or loss of control of the
airplane. Based on data from Gulfstream, the FAA determined that
corrective action within 15 days was necessary because of the
probability that a recurrence of this event could lead to loss of
control of the airplane or catastrophic structural damage. Therefore,
the FAA finds good cause that notice and opportunity for prior public
comment are impracticable. In addition, for the reasons stated above,
the FAA finds that good cause exists for making this amendment
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, the FAA invites you to send any written data, views,
or arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include Docket Number FAA-2019-0960
and Product Identifier 2019-CE-049-AD at the beginning of your
comments. The FAA specifically invites comments on the overall
regulatory, economic, environmental, and energy aspects of this final
rule. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
    The FAA will post all comments it receives, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact it receives about this final rule.

Costs of Compliance

    The FAA estimates that this AD affects 262 airplanes of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
              Action                      Labor cost             Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
Revise the AFM....................  1 work-hour x $85 per  Not applicable.......             $85         $22,270
                                     hour = $85.
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, domestic business
jet transport airplanes, and associated appliances to the Director of
the Policy and Innovation Division.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2019-23-11 Gulfstream Aerospace Corporation: Amendment 39-19805;
Docket No. FAA-2019-0960; Product Identifier 2019-CE-049-AD.

(a) Effective Date

    This AD is effective December 30, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Gulfstream Aerospace Corporation Model GVI
airplanes, all serial numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 27, Flight Controls.

(e) Unsafe Condition

    This AD was prompted by a report of an inflight rudder surface
shutdown that resulted in sustained lateral-directional oscillations
of the airplane. The FAA is issuing this AD to provide operating
limitations and flight crew procedures in the event of an inflight
loss of rudder or yaw damper. The unsafe condition, if not
addressed, could result in catastrophic structural damage or loss of
control of the airplane.

(f) Compliance

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

(g) Revise the Airplane Flight Manual

    Within 15 days after December 30, 2019 (the effective date of
this AD), revise the airplane flight manual for your airplane by
adding the applicable airplane flight manual supplement specified
below:
    (1) Gulfstream Aerospace G650 Airplane Flight Manual Supplement
No. G650-2019-03, dated November 4, 2019; or
    (2) Gulfstream Aerospace G650ER Airplane Flight Manual
Supplement No. G650ER-2019-03, dated November 4, 2019.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
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 (i) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    For more information about this AD, contact Alex Armas,
Aerospace Engineer, Atlanta ACO Branch, FAA, 1701 Columbia Avenue,
College Park, Georgia 30337; phone:<PHONE_NUMBER>; fax: (404) 474-
5605; email<EMAIL_ADDRESS>
(j) 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) Gulfstream Aerospace G650 Airplane Flight Manual Supplement
No. G650-2019-03, dated November 4, 2019.
    (ii) Gulfstream Aerospace G650ER Airplane Flight Manual
Supplement No. G650ER-2019-03, dated November 4, 2019.
    (3) For service information identified in this AD, contact
Gulfstream Aerospace Corporation, Technical Publications Dept., P.O.
Box 2206, Savannah, GA 31402-2206; telephone:<PHONE_NUMBER>; fax:
(912) 965-3520; email<EMAIL_ADDRESS>internet: https://www.gulfstream.com/customer-support.
    (4) You may view this service information at FAA, Policy and
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 4, 2019.
Patrick R. Mullen,
Aircraft Certification Service, Manager, Small Airplane Standards
Branch, AIR-690.
[FR Doc. 2019-26849 Filed 12-12-19; 8:45 am]
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[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Pages 29012-29013]
[FR Doc No: 2015-12236]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0397]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; State Enforcement
Notifications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Fax written comments on the collection of information by June
19, 2015.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs,

OMB, Attn: FDA Desk Officer, FAX:<PHONE_NUMBER>, or emailed to
<EMAIL_ADDRESS>All comments should be identified with the
OMB control number 0910-0275. Also include the FDA docket number found
in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd.; COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

State Enforcement Notifications--21 CFR 100.2(d)

OMB Control Number 0910-0275--Extension

    Section 310(b) of the Federal Food, Drug, and Cosmetic Act (the
FD&C Act) (21 U.S.C. 337(b)) authorizes a State to enforce certain
sections of the FD&C Act in their own name and within their own
jurisdiction. However, before doing so, a State must provide notice to
FDA according to 21 CFR 100.2. The information required in a letter of
notification under Sec.  100.2(d) enables us to identify the food
against which a State intends to take action and to advise that State
whether Federal enforcement action against the food has been taken or
is in process. With certain narrow exceptions, Federal enforcement
action precludes State action under the FD&C Act.
    In the Federal Register of March 13, 2015 (80 FR 13392), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    We estimate the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                           21 CFR section                               Number of      responses per     Total annual    Average burden    Total hours
                                                                       respondents      respondents       responses       per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
100.2(d)...........................................................               1                1                1               10               10
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The estimated reporting burden for Sec.  100.2(d) is minimal
because enforcement notifications are seldom used by States. During the
last 3 years, we have not received any new enforcement notifications;
therefore, we estimate that one or fewer notifications will be
submitted annually. Although we have not received any new enforcement
notifications in the last 3 years, we believe these information
collection provisions should be extended to provide for the potential
future need of a State government to submit enforcement notifications
informing us when it intends to take enforcement action under the FD&C
Act against a particular food located in the State.

    Dated: May 15, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-12236 Filed 5-19-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: May 9, 2006 (Volume 71, Number 89)]
[Notices]
[Page 26942]
[DOCID:fr09my06-62]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP99-518-088]

Gas Transmission Northwest Corporation; Notice of Compliance
Filing

May 2, 2006.
    Take notice that on April 28, 2006, Gas Transmission Northwest
Corporation (GTN) tendered for filing as part of its FERC Gas Tariff,
Third Revised Volume No. 1-A, Thirty-Third Revised Sheet No. 15, to
become effective May 1, 2006.
    GTN further states that a copy of this filing has been served on
GTN's jurisdictional customers and interested state regulatory
agencies.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of Sec.  154.210 of the
Commission's regulations (18 CFR 154.210). Anyone filing a protest must
serve a copy of that document on all the parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

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

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

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-6964 Filed 5-8-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20190-20191]
[FR Doc No: 2023-07047]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0040]

The Standard on 4,4'--Methylenedianiline for General Industry of
the Office of Management and Budget's (OMB) Approval of Information
Collection (Paperwork) Requirements

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

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Standard on 4,4'--
Methylenedianiline for General Industry.

DATES: Comments must be submitted (postmarked, sent, or received) by
June 5, 2023.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office at<PHONE_NUMBER> (TTY
(877) 889-5627) for assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2012-0040) for the Information Collection Request
(ICR). OSHA will place all comments, including any personal
information, in the public docket, which may be made available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as social security numbers and birthdates.
    For further information on submitting comments, see the ``Public
Participation'' heading in the section of this notice titled
SUPPLEMENTARY INFORMATION.

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

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of the continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, the collection instruments are clearly understood, and
OSHA's estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et
seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of effort in
obtaining information (29 U.S.C. 657).
    The following sections describe who uses the information collected
under each requirement, as well as how they use it. The purpose of
these requirements specified in the 4,4'--Methylenedianiline Standard
for General Industry (the ``MDA Standard'') (29 CFR 1910.1050) protect
workers from the adverse health effects that may result from their
exposure to MDA, including cancer, liver, and skin disease. The major
paperwork requirements specify that employers must perform initial,
periodic, and additional exposure monitoring; notify each worker in
writing of their results as soon as possible but no longer than five
(5) days after receiving exposure monitoring results; and routinely
inspect the hands, face, and forearms of each worker potentially
exposed to MDA for signs of dermal exposure to MDA. Employers must also
establish a written compliance program; institute a respiratory
protection program in accordance with OSHA's Respiratory Protection
Standard (29 CFR 1910.134);

and to develop a written emergency plan for any construction operation
that could have an MDA emergency (i.e., an unexpected and potentially
hazardous release of MDA).
    Employers must label any material or products containing MDA,
including containers used to store MDA-contaminated protective clothing
and equipment. They also must inform personnel who launder MDA-
contaminated clothing of the requirement to prevent release of MDA,
while personnel who launder or clean MDA-contaminated protective
clothing or equipment must receive information about the potentially
harmful effects of MDA. In addition, employers are to post warning
signs at entrances or access ways to regulated areas, as well as train
workers exposed to MDA at the time of their initial assignment, and at
least annually thereafter.
    Other paperwork provisions of the MDA standard require employers to
provide workers with medical examinations, including initial, periodic,
emergency and follow-up examinations. As part of the medical
surveillance program, employers must ensure that the examining
physician receives specific written information, and that they obtain
from the physician a written opinion regarding the worker's medical
results and exposure limitations.
    The MDA standard also specifies that employers are to establish and
maintain exposure monitoring and medical surveillance records for each
worker who is subject to these respective requirements, make any
required record available to OSHA compliance officers and the National
Institute for Occupational Safety and Health (NIOSH) for examination
and copying, and provide exposure monitoring and medical surveillance
records to workers and their designated representatives. Finally,
employers who cease to do business within the period specified for
retaining exposure monitoring and medical surveillance records, and who
have no successor employer, must notify NIOSH at least 90 days before
disposing of the records and transmit the records to NIOSH if so
requested.

II. Special Issues for Comment

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

III. Proposed Actions

    OSHA is requesting that OMB extend the approval of the information
collection requirements contained in 4,4'--Methylenedianiline for
General Industry. The agency is requesting to maintain previously
approved burden hours calculations for this proposed ICR, which is 317
burden hours. The agency estimated an overall increase in the estimated
number of covered establishments in specific industry sectors in the
prior ICR and is not going to change the estimates for this request.
OSHA is not requesting an adjustment for the Capital Costs, which is
$25,740, due to the increased cost of the samples and the CPI.
    OSHA will summarize the comments submitted in response to this
notice and will include this summary in the request to OMB to extend
the approval of the information collection requirements.
    Type of Review: Extension of a currently approved collection.
    Title: 4,4'--Methylenedianiline Standard for General Industry (29
CFR 1910.1050).
    OMB Control Number: 1218-0184.
    Affected Public: Business or other for-profits; Not-for-profit
organizations; Federal Government; State, Local, or Tribal government.
    Number of Respondents: 10.
    Number of Responses: 584.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 317.
    Estimated Cost (Operation and Maintenance): $25,740.

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

    You may submit comments in response to this document as follows:
(1) electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); if your comments, including
attachments, are not longer than 10 pages you may fax them to the OSHA
Docket Office at<PHONE_NUMBER>; or (3) by hard copy. Please note: While
OSHA's Docket Office is continuing to accept and process submissions by
regular mail due to the COVID-19 pandemic, the Docket Office is closed
to the public and not able to receive submissions to the docket by
hand, express mail, messenger, and courier service. All comments,
attachments, and other material must identify the agency name and the
OSHA docket number for the ICR OSHA-2012-0040. You may supplement
electronic submissions by uploading document files electronically. If
you wish to mail additional materials in reference to an electronic or
a facsimile submission, you must submit them to the OSHA Docket Office
(see the section of this notice titled ADDRESSES). The additional
materials must clearly identify your electronic comments by your name,
date, and the docket number so that the agency can attach them to your
comments.
    Due to security procedures, the use of regular mail may cause a
significant delay in the receipt of comments.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>)
for information about materials not available from the website, and for
assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 8-2020
(85 FR 58393).

    Signed at Washington, DC, on March 29, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-07047 Filed 4-4-23; 8:45 am]
BILLING CODE 4510-26-P