Supporting Statement for an Information Collection Request (ICR)  Under the Paperwork Reduction Act (PRA) EXECUTIVE SUMMARY  Identification of the Information Collection  -  Title and Numbers 	Title: Request for Contractor Access to TSCA Confidential Business Information (CBI) 	EPA ICR No.: 1250.12 	OMB Control No.: 2070-0075 	Docket ID No.: EPA-HQ-OPPT-2017-0318  Abstract The Environmental Protection Agency (EPA) procures contract support to facilitate the performance of certain duties. EPA may require contractors to handle Toxic Substances Control Act (TSCA) Confidential Business Information (CBI). Each contractor employee who will use TSCA CBI in the performance of his or her duties must be authorized for access to TSCA CBI through a multi-step process. The TSCA CBI Protection Manual (EPA Publication 7700 A2, revised October 2003; see Attachment 2) provides Federal and contractor employees with guidelines and operating procedures for handling TSCA CBI while performing their official duties, as well as the procedures to obtain authorization for access to TSCA CBI.  Specifically, for purposes of this information collection, contractor personnel must submit to EPA the EPA form titled "TSCA CBI Access Request, Agreement, and Approval" (EPA Form 7740-6; Attachment 3). The Office of Pollution Prevention and Toxics (OPPT), uses EPA Form 7740-6 to collect information about contractor personnel so that the Agency can evaluate their suitability for access to TSCA CBI. EPA stores the information on the OPPT Chemical Information System (CIS).  Summary Total Burden and Costs

                              Annual Burden Hours                                Annual Responses                                   Annual Costs Industry 340.8 214 $19,740 Agency 1,172.0 - $74,181

Supporting Statement Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information. This information collection request is necessary to protect information under provisions of TSCA section 14 (as amended by the Frank R. Lautenberg Chemical Safety Act for the 21st Century; see Attachment 1). It is necessary for EPA to provide guidance to its employees, other Federal agencies and contractors on the proper handling of CBI submitted to EPA under TSCA. See attachment 2. This information collection activity is necessary to protect confidential information submitted to the Agency as mandated by TSCA section 14 and is consistent with 5 CFR 1320.6. The consequences of not collecting these data could be monumental to private industry. Under TSCA, industry is required to submit data that may be deemed to be confidential, such as formulas and financial information related to chemicals companies plan to produce. EPA is obligated to protect these data as outlined by TSCA section 14. In addition, the Agency could possibly harm businesses if these data were released to competitors. The information collected by this request will be used to evaluate contractor personnel who will be authorized for access to TSCA CBI. Therefore, the collection of information is necessary to provide the protection mandated by TSCA. Indicate how, by whom, and for what purpose the information is to be used.  Except for a new collection, indicate the actual use the Agency has made of the information received from the current collection The information will be maintained within OPPT automated security access tracking system with access limited to the OPPT TSCA Security Officer and Document Control Officers (DCOs) in OPPT, other parts of EPA, in Regional Offices and at contractor firms. The information will also be used to generate a monthly TSCA Authorized Access List for distribution to the EPA Contract Officer Representatives (EPA CORs) and DCOs for verification of Federal and contractor employees authorized access to TSCA CBI. The information provided by contractor employees will not be released to sources who do not have a valid "need to know."  Information submitted by one contractor will not be shared with another EPA contractor. If this information is not collected by the Agency, EPA will not be able to evaluate the suitability of its contractor employees for TSCA CBI access. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden. Not applicable.  Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above. No other Federal agency or department could provide the information necessary for EPA to authorize contractor personnel for access to TSCA CBI. The data being collected are not available from any other sources and can only be collected from individuals themselves. If the collection of information impacts small businesses or other small entities, describe the methods used to minimize burden. All contractors regardless of company size are treated in the same manner. The collection process is simple and straightforward and can be completed quickly. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden. This is a one-time information collection, if the clearance is renewed annually. When a clearance lapses, then a repeat of the initial collection is required. Explain any special circumstances that require the collection to be conducted in a manner:  requiring respondents to report information to the agency more often than quarterly;  requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;  requiring respondents to submit more than an original and two copies of any document;  requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;  in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study; requiring the use of a statistical data classification that has not been reviewed and approved by OMB;  that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.   Not applicable.  If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken in response to the comments. Specifically address comments received on cost and hour burden.      Describe efforts to consult with persons outside EPA to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.     Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained. Pursuant to 5 CFR 1320.8(d) in proposing to renew this ICR, EPA will publish a notice in the Federal Register that will provide a 60-day public comment period. The comments received and any additional public comment for this action will be posted in the docket.  As required under 5 CFR 1320.8(d)(1), in addition to the public notice in the Federal Register, EPA staff will contact appropriate stakeholders and ask them for their assessment of the regulatory burden estimates expressed by the Agency in this ICR. A summary of these consultations will be provided in the supporting statement during the second comment period.  Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees. Not applicable.  Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here. The information collected is stored at EPA Headquarters in a secured local area network, the CIS module. The EPA form used to collect these data contains a Privacy Act statement that complies with the Privacy Act and OMB Circular 108. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent. There are no sensitive questions contained in this information collection. Provide estimates of the hour burden of the collection of information. The statement should:   Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices. If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.  Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under `Annual Cost to Federal Government'.   Respondents affected by this activity are found mainly under NAICS codes 514 (Information Services) and 561 (Administrative and Support Services). To complete the form, the contractor employee must: describe why access to TSCA CBI is necessary for the successful performance of his or her duties under the contract; identify, by section of TSCA, the types of CBI to which access is needed; and provide personal identification information. Justification statements are provided on the form and the employee only has to designate which statement (A, B, C, D or Other) is applicable. In addition, the contractor must appoint an employee to serve as a liaison (DCO) between EPA and the contractor to handle issues relating to employee access to TSCA CBI. Contractor responsibilities for maintaining the access list are explained under Chapter 2.D.l.f of the TSCA Confidential Business Information Security Manual. Contractor DCOs must ensure that contractor employees read the security manual and attend a security briefing. The DCO is responsible for conducting a review, on a monthly basis, of the TSCA CBI Authorized Access List to determine whether any names should be added to or deleted from the list or whether any employee's access authority should be broadened or narrowed. Any changes to the list require approval by the EPA COR and the OPPT DCO. The process that contractor employees must go through in order to be authorized access to TSCA CBI entails the following: (1)	Read EPA Form 7740-6. (2)	Gather required information and complete the form. (3)	Submit the form to the contractor DCO for processing, compilation and review. (4)	The contractor DCO files an in-house reference copy of the form. (5)	The contractor DCO forwards the form to the EPA COR (or Delivery Order Project Officer) for signature and to forward on to the OPPT DCO for further review and processing. (6)	The contractor employee views the TSCA CBI security video. The information is collected once per each individual contractor employee requesting access authorization to TSCA CBI, provided there is no lapse in clearance and the individual does not relinquish his or her TSCA CBI access authorization. Eligible contractors were directly contacted in the development of earlier versions of this ICR to determine the amount of time that would be required by them to complete the tasks outlined in this ICR. Because the requirements for this ICR have not changed from the time the earlier estimates were made, the same estimates are used in this analysis. Currently 23 companies are under contract to EPA and have a need to clear employees for access to TSCA CBI. Those firms have a total of 214 such employees cleared for access for an average of about 10 CBI cleared employees per firm.  The per-employee burdens are given in Table 1 and the total annual respondent burden is shown in Table 2. In previous ICRs, the breakdown of employees among managerial, technical and clerical employees was approximately 33%, 58% and 9% respectively. This same breakdown was used in this analysis resulting in an estimate of 71 managerial, 124 technical, and 19 clerical employees. The total annual burden for all firms is estimated to be 341 hours.  Table 1:  EMPLOYEE BURDEN ESTIMATES                              Collection Activities                            Per Employee Burden Hours

                                  Management                                    Technical                                    Clerical 1.Contractor employee can either view the TSCA CBI security video; complete the TSCA CBI On-line Briefing via the EPA Intranet; or use the supplied CD-ROM for those that cannot access the intranet 0.5000

0.5000

0.5000

2. Read EPA Form 7740-6 0.1630 0.1630 0.1630 3. Gather required information and complete form. 0.2240 0.1975 0.5280 4. Contractor Document Control Officer processes, compiles and reviews form. 0.0961 0.0367 1.5480 5. Store, file, or maintain copy of form for in-house reference. 0.1089 0.0086 3.0190 6. Complete written form, obtain signatures, forward to EPA Information Management Division 0.2275 0.0558 0.9710

 Table 2: TOTAL ANNUAL RESPONDENT (CONTRACTOR) BURDEN ESTIMATES                              Collection Activities                             Burden Hours (per year)                                   Total Hours

                                  Management                                    Technical                                    Clerical

1.Contractor employee can either view the TSCA CBI security video; complete the TSCA CBI On-line Briefing via the EPA Intranet; or use the supplied CD-ROM for those that cannot access the intranet. 35.5 62.0 9.5 107.0 2. Read EPA Form 7740-6 11.6 20.2 3.1 34.9 3. Gather required information and complete form. 15.9 24.5 10.0 50.4 4. Contractor Document Control Officer processes, compiles and reviews form. 6.8 4.6 29.4 40.8 5. Store, file, or maintain copy of form for in-house reference. 7.7 1.1 57.4 66.2 6. Complete written form, obtain signatures, forward to EPA Information Management Division. 16.2 6.9 18.4 41.5 Totals 93.7 119.3 127.8 340.8

Respondent hourly costs in this ICR have been calculated using the Bureau of Labor Statistics' Employer Costs for Employee Compensation Supplementary Tables: December 2006  -  December 2020 (US Bureau of Labor Statistics, 2021). Hourly costs were calculated for workers in professional and business services industries. Total hourly cost estimates include wages, fringe benefits, and overhead.  The wage and fringe benefit numbers are from the BLS data, and an overhead rate of 20% is used based on assumptions in the Handbook of Valuing Changes in Time Use Induced by Regulatory Requirements and Other U.S. EPA Actions Attachment 4.

                                   Category                                   Hourly wage                                 Fringe benefits                                    Overhead                                Total hourly cost Managerial $53.32 $21.97 $15.06 $90.35 Technical $43.85 $17.96 $12.36 $74.17 Clerical $19.76 $7.88 $5.53 $33.17

Estimated total annual costs to the respondents are equal to $19,740 and are presented in Table 3. There are no capital costs for the contractors associated with this collection. Table 3: ANNUAL RESPONDENT (CONTRACTOR) COST ESTIMATES                                 Labor category                                   Hourly cost                              Number of clearances                                   Labor hours                                Labor Cost Total Managerial $90.35 71 93.7  $6,653 Technical $74.17 124 119.3  $8,848 Clerical $33.17 19 127.8  $4,239 Totals 340.8 $19,740

Provide an estimate for the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).  The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities. If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate. Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices. There are no operational or maintenance costs associated with this collection.  Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table. The contractor DCO forwards the EPA Form 7740-6 submitted by a contractor employee to the EPA COR. The EPA COR then signs the form and forwards the form to the OPPT DCO. OPPT DCO staff review the form for completeness. The form is processed by the DCO staff and appropriate authorizing signatures are obtained; the OPPT DCO is the final approval authority. The information on the form is then entered into the CIS module. The information is retained within OPPT in paper copy files. The information is entered into CIS with access limited to the OPPT Security Staff and other Agency and Regional Office DCOs. Current plus one year of contractor information is maintained in the paper files. Paper files are destroyed by shredding after a contractor employee has relinquished his/her access. Once processed within OPPT, each EPA Form 7740-6 is reviewed by an EPA COR and the OPPT DCO, and the data are entered into CIS. The monthly TSCA CBI Access List, which acts as a quality check on data entry accuracy, is produced, published and distributed to the EPA CORs and TSCA DCOs. There is no public access to the TSCA CBI Authorized Access List, nor to any of the information stored in the CIS module. CIS is housed on a secured Local Area Network with OPPT internal access only. The system is available to CBI-cleared users exclusively. The costs and burdens to the Federal Government are presented in the Table 4. The Office of Pollution Prevention and Toxics bases its burden hour estimates on prior experience in gathering and processing information associated with other information collections. Hourly wages for clerical support are based upon the salary for a GS-7, step1 ($23.32). Hourly costs for managerial and technical support are based upon the salary for GS-15, step 1 ($68.38) and GS-12, step 1 ($41.37), respectively. The hourly rates were taken from the U.S. Office of Personnel Management's 2020 General Schedule for workers with the Washington DC locality payment (Salary Table 2020-DCB). These hourly estimates were then multiplied by 0.639 to account for benefits (Falk, J., Comparing Benefits and Total Compensation in the Federal Government and the Private Sector, 2012). Total loaded wage is calculated by adding wage and fringe benefits and multiplying by 1.2 to account for overhead based on assumptions on the EPA Handbook on Valuing Changes in Time Use Induced by Regulatory Actions (2020). The hourly cost estimates adjusted for benefits and overhead are $134.49 for managers, $81.37 for technical workers, and $45.87 for clerical workers. We have not included a previous $6,500 cost for equipment due to automation and technological improvements in processing. The total cost to the Agency to maintain the collection system is $74,181 per annum and the total Agency burden is estimated at 1172 hours. Table 4:  ANNUAL AGENCY BURDEN/COST ESTIMATES                              Collection Activities                             Burden Hours (per year)                                   Total Hours                                   Total Cost

                             Management @ $134.49                                    Technical                                    @ $81.37                                    Clerical                                    @ $18.27

1. Read EPA Form 7740-6 35.5 40.0 18.5 94.0 $8,878 2. Gather required information and complete form. 16.5 44.5 122.0 162.5 $11,436 3. EPA Document Control Officer processes, compiles and reviews form. 19.0 44.5 175.0 238.5 $14,203 4. Complete written form and obtain appropriate signatures. 18.0 12.5 47.0 77.5 $5,594 5. Store, file or maintain copy of form for in-house reference. 5.0 30.5 160.5 196.0 $10,516 6. DCO forwards form to Information Management Division 2.5 0.0 50.5 53.0 $2,652 7. Systems operations 5.0 150.0 175.0 330.0 $20,904 Totals 101.5 322.0 748.5 1,172.0 $74,181

Explain the reasons for any program changes or adjustments reported in hour or cost burden. The estimated annual burden to contractors is unchanged at 341 hours compared with that identified in the information collection most recently approved by OMB. Also, the costs to the industry respondents increased by $435, reflecting increases in labor and overhead costs over time. Estimated agency burden has increased by $11,961 due to projected increases in per hour labor and overhead costs. For collections whose results will be published, outline the plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions. Not applicable.  If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons why display would be inappropriate. Not applicable.  Explain each exception to the certification statement identified in "Certification for Paperwork Reduction Act Submissions." EPA does not request an exception to the certification of this information collection.  Supplemental Information This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control No. 2070-0075). Responses to this collection of information are mandatory for certain persons, as specified at 15 U.S.C. 2613. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The public reporting and recordkeeping burden for this collection of information is estimated to be 1.6 hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the Regulatory Support Division Director, U.S. Environmental Protection Agency (2821T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. List of Attachments The attachments listed below can be found in the docket for this ICR or by using the hyperlink that is provided in the list below. The docket for this ICR is accessible electronically through http://www.regulations.gov using Docket ID Number: EPA-HQ-OPPT-2017-.0318 Ref. Title  1. Section 14 of the Toxic Substances Control Act (15 U.S.C. 2613)  2. TSCA CBI Access Request, Agreement, and Approval (EPA Form 7740-6) 3. TSCA Confidential Business Information Security Manual (7701A, October 20, 2003) 4 Wage Rates


[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Notices]
[Page 86441]
[FR Doc No: 2023-27203]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Proposed Land Use Changes to Surplus
Property at Page Field Airport, Fort Myers, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for public comment.

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SUMMARY: Notice is being given that the FAA is considering a request
from Lee County, Florida to change 24.4 acres of airport property from
aeronautical use to non-aeronautical use for commercial development.
The surplus property land is no longer required for aviation use. The
land has been designated for non-aeronatucal use on the Airport Layout
Plan. The County will have land lease agreements with commercial
developers that will generate non-aerouatical revenue to be deposited
in the airport operation and maintenance fund.

DATES: Comments are due on or before January 12, 2024.

ADDRESSES: Documents are available for review at the Lee County Port
Authority, 11000 Terminal Access Road, Fort Myers, FL 33913, and the
FAA Airports District Office, 8427 SouthPark Circle, Suite 524,
Orlando, FL 32819. Written comments on the Sponsor's request must be
delivered or mailed to: Marisol Elliott, Community Planner, Orlando
Airports District Office, 8427 Southark Circle, Suite 524, Orlando, FL
32819.

FOR FURTHER INFORMATION CONTACT: Marisol Elliott, Community Planner,
Orlando Airports District Office, 8427 SouthPark Circle, Suite 524,
Orlando, FL 32819,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Section 125 of The Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (AIR-21) requires the
FAA to provide an opportunity for public notice and comment prior to
the ``waiver'' or ``modification'' of a sponsor's Federal obligation to
use certain airport land for non-aeronautical purposes.
    Revision Date: August 23, 2022.

Bartholomew Vernace,
Manager, Orlando Airports District Office, Southern Region.
[FR Doc. 2023-27203 Filed 12-12-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Proposed Rules]
[Pages 10875-10878]
[FR Doc No: 2021-03483]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0994; Project Identifier AD-2020-00687-T]
RIN 2120-AA64

Airworthiness Directives; Gulfstream Aerospace Corporation
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Gulfstream Aerospace Corporation (Gulfstream) Model GVII-
G600 airplanes. This proposed AD was prompted by a report that a
failure mode

in the data concentration network (DCN) software causes the pitch
attitude value to freeze on the primary flight display (PFD) for up to
20 seconds. This proposed AD would require updating the DCN and flight
deck master operating system (MOS) software. The FAA is proposing this
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 9,
2021.

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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed rule, contact
Gulfstream Aerospace Corporation, Technical Publications Dept., P.O.
Box 2206, Savannah, GA 31402; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>website: https://www.gulfstream.com/en/customer-support/. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0994; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Myles Jalalian, Aviation Safety
Engineer, Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park,
GA 30337; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2020-0994; Project Identifier
AD-2020-00687-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Myles
Jalalian, Aviation Safety Engineer, Atlanta ACO Branch, FAA, 1701
Columbia Avenue, College Park, GA 30337. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    The FAA received a report that on certain Gulfstream Model GVII-
G600 airplanes a failure mode in the DCN software causes the pitch
attitude value to freeze on the PFD for up to 20 seconds.
    During implementation of the DCN software update version 10.10.10
for certain Model GVII-G500 airplane configurations (``Block 1''), it
was discovered the software supplier had incorrectly implemented one of
Gulfstream's design requirements. At the time of this discovery on
Model GVII-G500 Block 1 configurations, the DCN software version
10.10.10 had already been implemented on Model GVII-G600 airplanes in
service. This airplane has three independent inertial reference systems
(IRSs), identified as IRS1, IRS2, and IRS3, which are expected to
provide identical pitch data. During flight testing, the GVII-G600 IRS1
was found to indicate a slightly different pitch from IRS2 and IRS3, at
the same actual airplane pitch attitude. A DCN embedded function was
created to correct the very minor pitch difference between IRS1, IRS2,
and IRS3. DCN software version 10.10.10 implemented the new embedded
function which computes a ``PITCH_DELTA correction factor'' (pitch
difference correction factor) between the IRS pitch angles being used
by the PFDs. The system calculates pitch correction based in part on
the IRS1 pitch angle. If the IRS1 is lost, it causes the embedded
function to invalidate the ``PITCH_DELTA output.'' During this failure
mode, the pitch attitude value freezes on the display for up to 20
seconds, which results in temporarily incorrect pitch indications. The
effect is evident only if the pitch of the airplane changes during the
20 second reset window. After 20 seconds, the system returns to normal.
The standby flight display and heads up display are unaffected by this
failure mode and continue to display the correct pitch attitude.
    There is not an alert or annunciation that informs the flight crew
of a stale (frozen) pitch display or potentially misleading flight
information.
    This condition, if not addressed, could result in loss of control
of the airplane in certain phases of flight during instrument
meteorological conditions.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Gulfstream GVII-G600 Aircraft Service Change No.
901, Initial Issue, dated May 12, 2020. This service document specifies
procedures for installing the MOS software update part number
EB60001034-0106 and operationally checking the installation.
    The FAA also reviewed Gulfstream GVII-G600 Aircraft Service Change
No. 020, Initial Issue, dated May 12, 2020. This service document
specifies procedures for updating the DCN software level to version
10.10.12, updating system software in support of the MOS software
update, and operationally checking the installation.
    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 NPRM after determining the unsafe condition
described previously is likely to exist or develop in other products of
the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information described previously.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 43 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Update DNC software...................  30 work-hours x $85 per              $52          $2,602        $111,886
                                         hour = $2,550.
Update MOS software...................  10 work-hours x $85 per               52             902          38,786
                                         hour = $850.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators.

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 proposing this rulemaking under the authority described
in Subtitle VII, Part A, Subpart III, Section 44701: General
requirements. Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Gulfstream Aerospace Corporation: Docket No. FAA-2020-0994; Project
Identifier AD-2020-00687-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by April 9, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Gulfstream Aerospace Corporation Model GVII-
G600 airplanes, serial numbers 73001 through 73043, certificated in
any category.

(d) Subject

    Joint Aircraft System Component Code 3400, Navigation System.

(e) Unsafe Condition

    This AD was prompted by reports of software causing pitch
attitude value freezing on the Primary Flight Display (PFD) for up
to 20 seconds. The FAA is issuing this AD to prevent a stale pitch
display or potentially misleading flight information. The unsafe
condition, if not addressed, could result in loss of control of the
airplane in certain phases of flight during instrument
meteorological conditions.

(f) Compliance

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

(g) Update Software

    Within 24 months after the effective date of this AD, update the
data concentration network and flight deck master operating system
software by using the Modification Instructions, Steps III. A
through I, in Gulfstream GVII-G600 Aircraft Service Change No. 901,
Initial Issue, dated May 12, 2020, concurrently with the
Modification Instructions, Steps III. A through D, in Gulfstream
GVII-G600 Aircraft Service Change No. 020, Initial Issue, dated May
12, 2020.

(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 Related Information.
    (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

    (1) For more information about this AD, contact Myles Jalalian,
Aviation Safety Engineer, Atlanta ACO Branch, FAA, 1701 Columbia
Avenue, College Park, GA 30337; phone:<PHONE_NUMBER>; fax: (404)
474-5606; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Gulfstream Aerospace Corporation, Technical Publications Dept., P.O.
Box 2206, Savannah, GA 31402; phone:

(800) 810-4853; email<EMAIL_ADDRESS>website: https://www.gulfstream.com/en/customer-support/. You may view this
referenced service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.

    Issued on January 29, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-03483 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Notices]
[Pages 4997-4998]
[FR Doc No: 2023-01490]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15269-000]

Premium Energy Holdings, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On March 31, 2022, Premium Energy Holdings, LLC filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Nacimiento Pumped Storage Hydro Project to be located approximately 27
miles northwest of Highway 101 in Paso Robles, California in San Luis
Obispo County. The sole purpose of a preliminary permit, if issued, is
to grant the permit holder priority to file a license application
during the permit term. A preliminary permit does not authorize the
permit holder to perform any land-disturbing activities or otherwise
enter upon lands or waters owned by others without the owners' express
permission.
    The proposed closed-loop project would consist of the following:
(1) a new upper reservoir at a normal maximum operating elevation of
either 1,952 feet average mean sea level, with a surface area of 85
acres and a total storage capacity of 7,500 acre-feet (alternative A),
or 1,788 feet average mean sea level, with a surface area of 72 acres
and a total storage capacity of 8,000 acre-feet (alternative B); (2) an
existing lower reservoir (Lake Nacimiento, completed in 1956 for flood
control, irrigation water, groundwater recharge for the Salinas Valley,
and recreational activities); (3) either a 0.74 mile-long headrace
tunnel, 0.17-mile-long vertical shaft, 5.13-mile-long horizontal
tunnel, 0.07-mile-long penstock, and 1.06-mile-long tailrace tunnel
with a maximum head of 987 feet (alternative A), or a 0.42-mile-long
headrace tunnel, 0.10-mile-long vertical shaft, 2.93-mile-long
horizontal tunnel, 0.04-mile-long penstock, and-0.61 mile long tailrace
tunnel with a maximum head of 1,151 feet (alternative B) connecting the
reservoirs to the powerhouse; (4) a new powerhouse located on land
owned by the County of Monterey that would house 4 new pump-turbines
rated at 150 megawatts each; (5) a new substation constructed in the
southern shore of Lake Nacimiento near the powerhouse connected to the
regional electrical utility with either; (6) a new 21-mile-long 230-
kilovolt (kV) transmission line

interconnecting at the existing 60-kV Perry Substation (existing lines
would be upgraded to 230-kV, as required) (alternative 1) or a new 26-
mile-long 230-kV transmission line interconnecting PG&E's network at
the existing 60-kV Paso Robles Substation (existing lines would be
upgraded to 230-kV as required) (alternative 2), or a new 28-mile-long
230-kV transmission line interconnecting PG&E's network at the existing
230-kV Templeton Substation (no upgrades necessary) (alternative 3);
and (7) appurtenant facilities. The estimated annual power generation
at the Nacimiento Pumped Storage Project would be 1,200,000 megawatt-
hours.
    Applicant Contact: Victor M. Rojas, Managing Director, Premium
Energy Holdings, LLC. 355 South Lemon Ave., Suite A, Walnut, California
91789; phone:<PHONE_NUMBER>; [email protected].
    FERC Contact: Benjamin Mann; email: [email protected]; phone:
(202) 502-8127.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at https://ferconline.ferc.gov/eFiling.aspx. Commenters can submit brief comments
up to 6,000 characters, without prior registration, using the eComment
system at https://ferconline.ferc.gov/QuickComment.aspx. You must
include your name and contact information at the end of your comments.
For assistance, please contact FERC Online Support. In lieu of
electronic filing, you may submit a paper copy. Submissions sent via
the U.S. Postal Service must be addressed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Room 1A, Washington, DC 20426. Submissions sent via any other carrier
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
The first page of any filing should include docket number P-15269.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-15269) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: January 19, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-01490 Filed 1-25-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Page 43535]
[FR Doc No: 2017-19725]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL17-84-000]

PJM Interconnection, L.L.C.; Notice of Institution of Section 206
Proceeding and Refund Effective Date

    On September 8, 2017, an order was issued in Docket No. EL17-84-
000, pursuant to section 206 of the Federal Power Act (FPA), 16 U.S.C.
824e (2012), instituting an investigation into the justness and
reasonableness of Hudson Transmission Partners, L.L.C. (HTP) being
unable to convert its Firm Transmission Withdrawal Rights to Non-Firm
Transmission Withdrawal Rights.\1\
---------------------------------------------------------------------------

    \1\ PJM Interconnection, L.L.C., 160 FERC 61,056 (2017).
---------------------------------------------------------------------------

    The refund effective date in Docket No. EL17-84-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL17-84-
000 must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426, in accordance with Rule 214 of the
Commission's Rules of Practice and Procedure, 18 CFR 385.214, within 21
days of the date of issuance of the order.

    Dated: September 8, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-19725 Filed 9-15-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Rules and Regulations]
[Pages 56989-56991]
[FR Doc No: 2012-22335]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0267; Directorate Identifier 2011-NM-174-AD;
Amendment 39-17192; AD 2012-18-15]
RIN 2120-AA64

Airworthiness Directives; Bombardier Inc. Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier Inc. Model DHC-8-400 series airplanes. This AD was prompted
by reports that the automatic de-icing mode became unavailable due to a
failure of the timer and monitor unit (TMU). This AD requires replacing
the TMU. We are issuing this AD to prevent loss of the automatic de-
icing mode and consequent increased workload for the flightcrew, which,
depending on additional failures, could lead to loss of control of the
airplane.

DATES: This AD becomes effective October 22, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 22,
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on March 20, 2012 (77
FR 16191). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    There have been multiple reports of in-service incidents where
the automatic deicing mode became unavailable due to a failure of
the Timer and Monitor Unit (TMU).
    Investigation has revealed that the failures were attributed to
overstressed capacitors installed in the circuit board of the TMU
``Module 300'' power supply. The failure of the capacitors leads to
failure of the TMU ``Module 300'' power supply and subsequent loss
of the automatic deicing mode.
    This [Transport Canada Civil Aviation (TCCA)] directive mandates
the replacement of the TMU, part number (P/N) 4100S018-06, with a
new improved unit, P/N 4100S018-07.

The unsafe condition is loss of the automatic de-icing mode and
consequent increased workload for the flightcrew, which, depending on
additional failures, could lead to loss of control of the airplane. You
may obtain further information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We have considered the comments received.

Support for the NPRM (77 FR 16191, March 20, 2012)

    The Air Line Pilots Association, International (ALPA) supports the
intent of the NPRM (77 FR 16191, March 20, 2012).

Request To Withdraw the NPRM (77 FR 16191, March 20, 2012)

    Katherine Carpenter, a private citizen, stated that it seems
unnecessary to require a law for replacing a faulty part, and that
common sense indicates that companies should replace the parts to limit
their liability in case of an accident.
    We infer that the commenter was requesting that we withdraw the
NPRM (77 FR 16191, March 20, 2012). According to section 39.1
(``Airworthiness Directives'') of the Federal Aviation Regulations (14
CFR 39.1), we issue an AD based on our finding that an unsafe condition
exists and is likely to exist or develop in products of the same type
design. We have the responsibility, placed on us by the Federal
Aviation Act (49 U.S.C. App. 1301 et seq.), to make an unsafe
condition--whether resulting from maintenance, design defect, or
otherwise--the subject of an AD, and to issue an AD when that unsafe
condition is likely to exist or develop on other products of the same
type design.
    Further, it is within our authority to issue ADs to require
corrective actions to address unsafe conditions that are not being
addressed (or not addressed adequately) by operators' normal
maintenance procedures. An AD is the appropriate means for mandating
this action. As a result, we are issuing this AD to eliminate the
identified unsafe condition by requiring replacement of the TMU.

Request To Reduce Compliance Time

    ALPA requested that the compliance time be reduced from 3,000
flight hours or 18 months, to 1,000 flight hours or 6 months, in order
to reduce the operating exposure of the affected airplanes to two
winter seasons.
    We disagree to reduce the compliance time for two reasons. First,
the DEICE PRESS or DEICE TIMER caution lights annunciate a failure to
the flightcrew; the airplane flight manual (AFM) provides procedures to
address this failure and instructs the flightcrew to use the manual
mode of the pneumatic ice protection system and to exit icing
conditions as soon as possible. While an

increased pilot workload is classified as ``major'' in a fictional
hazard assessment, the actual number of these events decreases that
probability to a ``medium'' safety risk. Second, the manufacturer
indicated that the mean time between TMU replacements has been 3,000
flight hours, consistent with the compliance time for this AD action.
For these reasons, we determined that the compliance time is justified,
and we have not changed the final rule in this regard.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed--except for minor editorial changes. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 16191, March 20, 2012) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 16191, March 20, 2012).

Costs of Compliance

    We estimate that this AD will affect about 81 products of U.S.
registry. We also estimate that it will take about 3 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $85 per work-hour. Required parts will cost about $0 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $20,655, or $255 per product.

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

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 the NPRM (77 FR 16191, March 20,
2012), 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.

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 AD:

2012-18-15 Bombardier, Inc.: Amendment 39-17192. Docket No. FAA-
2012-0267; Directorate Identifier 2011-NM-174-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 22,
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes, certificated in any category, serial numbers 4001 and
subsequent, equipped with Aerazur timer and monitor unit(TMU), part
number (P/N) 4100S018-06.

(d) Subject

    Air Transport Association (ATA) of America Code 30: Ice and rain
protection.

(e) Reason

    This AD was prompted by reports that the automatic de-icing mode
became unavailable due to a failure of the TMU. We are issuing this
AD to prevent loss of the automatic de-icing mode and consequent
increased workload for the flightcrew, which, depending on
additional failures, could lead to loss of control 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) Replacement of the TMU

    Within 3,000 flight hours or 18 months after the effective date
of this AD, whichever occurs first: Replace TMU P/N 4100S018-06 with
new TMU P/N 4100S018-07, by incorporating Bombardier ModSum 4-
126525, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 84-30-14, dated May 20, 2011.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a
TMU, P/N 4100S018-06, on any airplane.

(i) 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 ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, New York 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.

(j) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2011-34, dated
August 16, 2011; and Bombardier Service Bulletin 84-30-14, dated May
20, 2011; for related information.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the following service
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise.
    (i) Bombardier Service Bulletin 84-30-14, dated May 20, 2011.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.bombardier.com.
    (4) You may review copies of the 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>.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on September 4, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-22335 Filed 9-14-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)]
[Notices]
[Pages 48734-48737]
[FR Doc No: 2017-22643]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81871; File No. SR-DTC-2017-018]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the DTC Distributions Guide Relating to Announcements and Tax
Treatment of Certain Corporate Action Events and To Amend the DTC Fee
Schedule

October 13, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 2, 2017, The Depository Trust Company (``DTC'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II and III below, which Items have
been prepared by the clearing agency. DTC filed the proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rules 19b-
4(f)(2) and (f)(4) thereunder.\4\ The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2) and (f)(4).
---------------------------------------------------------------------------

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change \5\ would (i) revise the Distributions
Guide to (A) enhance the DTC Announcements feature (``Announcements'')
within the DTC Distributions Service (``Distributions Service'') \6\ by
adding new corporate action events that do not involve the payment of
funds or distribution of Securities through DTC, but which may result
in a taxable event for holders (``Tax Event''), as a type of
distribution covered by Announcements (``Distribution Event'') \7\ and
(B) make technical and conforming changes relating to U.S. tax
withholding and information reporting performed by DTC with respect to
Tax Events; and (ii) add a fee relating to the announcement of Tax
Events (``New Fee'') to the DTC Fee Schedule (``Fee Schedule''),\8\ as
discussed below.
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    \5\ Each capitalized term not otherwise defined herein has its
respective meaning as set forth in the Rules, By-Laws and
Organization Certificate of DTC (the ``DTC Rules''), available at
http://www.dtcc.com/legal/rules-and-procedures.aspx and the DTC
Distributions Service Guide (``Distributions Guide''), available at
http://www.dtcc.com/~/media/Files/Downloads/legal/service-guides/
Service%20Guide%20Distributions.pdf.
    \6\ The Distributions Service includes DTC's announcement,
collection, allocation and reporting of dividend, interest and
certain principal payments on behalf of Participants holding
Securities at DTC. See Distributions Guide, supra note 1 at 9.
    \7\ Distribution Events covered by Announcements include cash
dividends, interest, principal, capital gains, sale of rights on
American depositary receipts, return of capital, dividend with
option, stock splits, stock dividends, automatic dividend
reinvestments, spinoffs, rights distributions, pay in kind, and
liquidation. Distributions Guide, supra note 1 at 12.
    \8\ Available at http://www.dtcc.comn/media/Files/Downloads/legal/fee-guides/dtcfeeguide.pdf?la=en.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

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

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    The proposed rule change would (i) revise the Distributions Guide
to (A) enhance Announcements by adding Tax Events as a Distribution
Event and (B) make technical and conforming changes relating to U.S.
tax withholding and information reporting performed by DTC with respect
to Tax Events; and (ii) add the New Fee to the Fee Schedule, as
discussed below.
A. Distributions Service Announcements Feature
    The Distributions Service includes the announcement, collection,
allocation and reporting by DTC, on behalf of its Participants, of
dividend, interest and principal payments for Eligible Securities held
by Participants at DTC. This centralized processing provides efficiency
for Participants for their receipt of (i) payment information and (ii)
payments on Distribution Events, from multiple issuers and agents.\9\
In this regard, Announcements provides Participants with information
pertaining to their record date (``Record Date'') \10\ positions for
Distribution Events.\11\ This

information facilitates Participants' ability to reconcile their
records with DTC before the payable date (``Payable Date'').\12\
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    \9\ See Distributions Guide, supra note 5 at 9.
    \10\ The Record Date is the date set by an issuer of a security
by which an investor must own the security in order to be eligible
to receive an upcoming distribution.
    \11\ See Distributions Guide, supra note 5 at 11-13.
    \12\ The Payable Date is a date established by an issuer on
which a distribution to holders will be paid by the issuer.
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B. Internal Revenue Code Section 305(c)
    Section 305(c) of the Internal Revenue Code \13\ (``Section
305(c)'') states that holders of convertible securities may be deemed
to have received a dividend because of a corporate action on common
stock into which the convertible security may be converted.\14\
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    \13\ 26 U.S.C. 305(c).
    \14\ Under Section 305(c), a change in the conversion ratio or
conversion price or a similar transaction is treated ``as a
distribution [by the issuer] with respect to any shareholder whose
proportionate interest in the earnings and profits or assets of the
corporation is increased by such change.'' Id.
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    In the most frequent scenario relevant to Distribution Events, an
issuer that pays a cash dividend to its shareholders may trigger an
increase to the conversion rate (``Convertible Rate Adjustment'') \15\
on a convertible debt Security. Under Section 305(c), this Convertible
Rate Adjustment is considered as a deemed distribution.\16\ This deemed
distribution under Section 305(c) \17\ may be subject to tax reporting
by Participants, and if the convertible debt Securities are held by
non-U.S. persons, the appropriate tax withholding.
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    \15\ Such a convertible debt Security provides for a Conversion
Rate Adjustment so that the conversion rate is changed if a
distribution is made on the issuer's common stock. Generally, the
primary purpose of a Convertible Rate Adjustment is to prevent the
holder of a convertible debt Security from being diluted upon a
distribution to the shareholders by adjusting the conversion rate on
the stock to increase the number of shares that the debt holder can
obtain in a conversion of the bond to shares of the issuer.
    \16\ Such a distribution based on dividend payments made to
common shareholders will be considered to be deemed distribution to
bondholders even before the bondholders convert the debt to equity.
    \17\ Supra note 14.
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    In April 2016, the U.S. Treasury released proposed regulations to
provide guidance to financial institutions regarding their withholding
and reporting obligations.\18\ The regulations also require issuers of
convertible securities to provide the amount and the timing of deemed
distributions under Section 305(c) to the holders of convertible
securities, i.e., DTC. Despite this reporting requirement, holders may
not be directly informed of changes that have occurred in the
instrument's conversion ratio or the amount of the resulting ``deemed''
distribution that may result in a tax withholding obligation for them.
A lack of information relating to these deemed distributions and other
Tax Events may affect Participants' ability to comply with applicable
Federal tax withholding requirements and applicable DTC Rules
requirements relating to the use of DTC services.\19\
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    \18\ IRS-2016-0016-0001. 81 FR 21795 (April 13, 2016) (REG-
133673-15).
    \19\ In connection with their use of DTC's services,
Participants must comply with all applicable laws, including, but
not limited to all applicable laws relating to taxation. See Rule 2,
Section 8, supra note 5.
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C. Proposed Enhancement to Announcements Feature
    Pursuant to the proposed rule change, in order to facilitate
Participants' ability to comply with the requirements described above,
DTC would revise the Distributions Guide to allow it to source
information on Section 305(c) deemed distributions and other Tax Events
for Securities on Deposit at DTC directly from issuers, and then
provide the Tax Event information to Participants. DTC would distribute
the Tax Event information for a deemed distribution in the same
standardized manner that DTC uses to announce distributions. In this
regard, DTC would revise the text of the Distributions Guide to (i) add
Tax Events as a Distribution Event covered by the functionality
described in the Distributions Guide and (ii) add a new section titled
``Tax Event Announcements'' to (a) describe and define Tax Events and
Tax Event Announcements and (b) describe the systemic data fields
(``Fields'') that DTC would use to provide relevant Tax Event
information for a Security to Participants, including: (1) ``Event
Type'' to be shown as ``Tax Event,'' (2) ``Sub Event Type,'' which
would be used to classify the type of Tax Event, (3) Payable Date, (4)
Record Date, (5) ``Cash Rate,'' to provide the amount of the deemed
distribution, and (6) ``Comments,'' which would be used to provide any
other pertinent information regarding the Tax Event.
D. Proposed New Fee
    Pursuant to the Fee Schedule, DTC charges fees to Participants for
the processing of corporate action events. Fees are established to
offset the cost of processing all aspects of the applicable corporate
action event, including the announcement processing, the actual
processing of payments, and book-entries associated with the corporate
action. Pursuant to the proposed rule change, the Fee Schedule would be
revised so that a Participant that holds Securities subject to a Tax
Event would be charged flat fee of $40 per announcement. The proposed
New Fee would align DTC's revenue with costs for retrieving Tax Event
information from issuers and announcing that information to
Participants, as proposed. The New Fee would be added to the Fee
Schedule underneath the heading for U.S. Tax Withholding, which is a
feature of the Distributions Service, for reference purposes so that it
would be located on the Fee Schedule in the same place as other fees
charged for tax-related processing performed by DTC.
E. Processing of Tax Withholding and Information Reporting
    DTC performs adjustments for entitlement and allocation activity
that is outside of traditional pay date allocations. This includes
activity tracking for stock loans, repos, and due bill fail
tracking.\20\ With respect to tax treatment of such adjustments,
currently the text of the Distributions Guide refers to DTC's
performance of U.S. tax withholding and information reporting for
credit adjustments that occur with respect to Participant positions in
their DTC accounts.\21\ The proposed rule change would modify the
applicable text with respect to the tax treatment described within the
Due Bill Fail Tracking System, Stock Loan Income Tracking System and
Repurchase Agreement (REPO) Tracking System subsections of the
Adjustments Section of the Distributions Guide, to state that such
withholding and reporting would also be performed related to Tax
Events.
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    \20\ See Distributions Guide, supra note 5 at 32.
    \21\ Id. at 34, 36, and 37
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F. Implementation Timeframe
    The proposed rule change would be implemented on October 2, 2017.
2. Statutory Basis
    DTC believes that the proposed rule change is consistent with the
requirements of the Act, and the rules and regulations thereunder
applicable to DTC, in particular Sections 17A(b)(3)(D) \22\ and
17A(b)(3)(F) \23\ of the Act.
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    \22\ 15 U.S.C. 78q-1(b)(3)(D).
    \23\ 15 U.S.C. 78q-1(b)(3)(F).
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    Section 17A(b)(3)(D) of the Act \24\ requires that the rules of the
clearing agency provide for the equitable allocation of reasonable
dues, fees, and other charges among its participants. DTC believes that
the proposed New Fee would be equitably allocated among Participants
because each Participant holding Securities subject to Tax Events would
be charged the same New Fee

amount per Announcement. DTC believes that the proposed New Fee would
be reasonable because it would allow DTC to align its revenue with its
costs of providing important Tax Event information through
Announcements to Participants, which information is needed by them to
facilitate their compliance with applicable tax withholding
obligations, as described above. Therefore, DTC believes that the
proposed rule change is consistent with Section 17A(b)(3)(D) of the
Act, cited above.
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    \24\ Supra note 22.
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    Section 17A(b)(3)(F) of the Act \25\ requires, inter alia, that the
rules of the clearing agency be designed to promote the prompt and
accurate clearance and settlement of securities transactions.\26\ As
described above, the proposed rule change would enhance the
Distributions Service to include the distribution of Announcements for
Tax Events to Participants. As described above, by providing for the
distribution of Tax Event information to Participants, the proposed
rule change would facilitate Participants' ability to comply with their
Federal tax withholding obligations. This would further facilitate
Participant's ability to continue to maintain Eligible Securities
subject to Tax Events on Deposit at DTC and make use of DTC's book-
entry transfer and settlement services with respect to those
Securities, in accordance with DTC Rules requirements relating to the
use of DTC services by Participants.\27\ Therefore, by facilitating
Participant's ability to continue to use DTC's book-entry transfer and
settlement services at DTC with respect to Eligible Securities that are
subject to Tax Events, the proposed rule change would promote the
prompt and accurate clearance and settlement of securities
transactions, consistent with the requirements of the Act, in
particular Section 17A(b)(3)(F) of the Act, cited above.
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    \25\ Supra note 23.
    \26\ 15 U.S.C. 78q-1(b)(3)(F).
    \27\ See supra note 19.
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    Section 17A(b)(3)(F) of the Act \28\ requires, inter alia, that the
rules of the clearing agency be designed to promote the prompt and
accurate clearance and settlement of securities transactions.\29\ As
described above, the proposed rule change would enhance the
Distributions Service to include the distribution of Announcements for
Tax Events to Participants. As described above, by providing for the
distribution of Tax Event information to Participants, the proposed
rule change would facilitate Participants' ability to comply with their
Federal tax withholding obligations. This would further facilitate
Participant's ability to continue to maintain Eligible Securities
subject to Tax Events on Deposit at DTC and make use of DTC's book-
entry transfer and settlement services with respect to those
Securities. Therefore, by facilitating Participant's ability use DTC's
book-entry transfer and settlement services at DTC with respect to
Eligible Securities that are subject to Tax Events, the proposed rule
change would promote the prompt and accurate clearance and settlement
of securities transactions, consistent with the requirements of the
Act, in particular Section 17A(b)(3)(F) of the Act, cited above.
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    \28\ Supra note 23.
    \29\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    DTC does not believe that the proposed rule change proposing to
amend the Distributions Guide to provide for the announcement of Tax
Events would have any impact, or impose any burden, on competition,
because the information that would be provided to Participants in this
regard is necessary for Participants to receive in order to be able to
accurately perform tax accounting for their positions held at DTC, and
maintain compliance with their tax withholding requirements, as
described above. The addition of the New Fee could have an impact on
competition because only those Participants that hold Securities
subject to Tax Events would be charged the New Fee. To the extent the
proposed rule change to add the New Fee to the Fee Schedule would
provide for a burden on competition, DTC believes it would be necessary
and appropriate under the Act because the New Fee is required to cover
the cost of providing the Tax Event information to Participants, which
information is necessary for Participants to receive in order to
facilitate their compliance with their tax withholding obligations.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    DTC has not received or solicited any written comments relating to
this proposal. DTC will notify the Commission of any written comments
received by DTC.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \30\ and paragraph (f) of Rule 19b-4
thereunder.\31\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
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    \30\ 15 U.S.C. 78s(b)(3)(A).
    \31\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-DTC-2017-018 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-DTC-2017-018. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of DTC and on DTCC's
Web site (http://dtcc.com/legal/sec-rule-filings.aspx). All comments
received will be posted without change; the

Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-DTC-
2017-018 and should be submitted on or before November 9, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
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    \32\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-22643 Filed 10-18-17; 8:45 am]
BILLING CODE 8011-01-P