AGENDA

FIFRA SCIENTIFIC ADVISORY PANEL (SAP)

OPEN MEETING

August 16-17, 2007

FIFRA SAP WEB SITE http://www.epa.gov/scipoly/sap/

OPP Docket Telephone:<PHONE_NUMBER>

Docket Number: EPA-HQ-OPP-2007-0388

U.S. Environmental Protection Agency

Conference Center - Lobby Level

One Potomac Yard (South Bldg.)

2777 S. Crystal Drive, Arlington, VA 22202

Assessing Approaches for the Development of PBPK Models of Pyrethroid
Pesticides

Thursday, August 16, 2007

8:30 A.M.	Introduction and Identification of Panel Members – Steven G.
Heeringa, Ph.D. (FIFRA SAP Chair)

8:40 A.M.	Administrative Procedures by Designated Federal Official –
Mr. Steven Knott, Office of Science Coordination and Policy, EPA

8:45 A.M.	Welcome and Opening Remarks – Debbie Edwards, Ph.D.,
Director, Office of Pesticide Programs, EPA

8:50 A.M.	Opening Remarks - Tina Levine, Ph.D., Director, Health Effects
Division, Office of Pesticide Programs, EPA

8:55 A.M.	Introduction – Anna Lowit, Ph.D., Office of Pesticide
Programs, Health Effects Division, EPA

9:10 A.M.	Pharmacokinetics of Pyrethroid Pesticides and Potential Dose
Metrics – Michael F. Hughes, Ph.D., Office of Research and
Development, The National Health and Environmental Effects Research
Laboratory, EPA

9:35 A.M.	Metabolism of Pyrethroid Pesticides in Rodents and Humans –
Edward Scollon, Ph.D., Michael DeVito, Ph.D., Office of Research and
Development, The National Health and Environmental Effects Research
Laboratory, EPA

10:00 A.M.	Approaches to Pharmacokinetic Modeling of Pyrethroids –
Rogelio Tornero-Velez, Ph.D., Office of Research and Development, The
National Exposure Research Laboratory, EPA

10:30 A.M.	Statistical Approaches to PBPK Models – R. Woodrow Setzer,
Ph.D., Office of Research and Development, National Center for
Computational Toxicology, EPA

10:40 A.M.	Break

10:55 A.M.	Public Comments

12:00 P.M.	Lunch

1:15 P.M.	Charge to Panel – Issue 1:

The Agency’s issue paper describes different aspects of the
pharmacokinetic (PK) properties of pyrethroid pesticides. The Agency
believes that the important PK properties relevant for PBPK modeling are
common among all or most members of this class, such that a
‘generic’ or family model structure with chemical specific
adjustments, as needed, can be used.

Please comment on the evidence which does and does not support the
concept of using a generic model structure for the pyrethroid
pesticides.

3:00 P.M.	Break

3:15 P.M.	Charge to Panel – Issue 2:

In the development of PBPK models in vivo and in vitro data are acquired
and used to calibrate and optimize the model. The predictions of the
PBPK model are then evaluated against additional in vivo data sets. In
the case of pyrethroids, there are limited human data available to
calibrate and assess the human PBPK models. The Agency plans to develop
a family modeling approach to address this issue. This approach assumes
that because pyrethroids share many physical chemical and biological
properties, a common model structure can be used for all pyrethroids.
The family model approach allows for the assessment of the overall model
structure with each iteration. The more iterations through this process,
the more confidence is gained in the models’ predictive abilities.
Thus, the rat deltamethrin model is not only assessed by data from
deltamethrin, but is assessed by model fits to data for every other
pyrethroid. As our confidence in the rodent family model increases
across pyrethroids, our confidence in the use of this modeling approach
for rodent to human extrapolation also increases. The Agency is planning
to develop equivalent rodent and human in vitro databases for metabolic
and physiological parameters. The rodent in vitro parameters will be
assessed by comparing model predictions to in vivo data. It is likely
that scaling factors will be used in order to incorporate these in vitro
parameters into the rodent model. When calibrating the human data, the
scaling factors used in the rodent models will be used in the human
models.

Please comment on this approach and other approaches that could be taken
to calibrate and assess these models for use in human risk assessment.

5:00 P.M. 	Adjournment

AGENDA

FIFRA SCIENTIFIC ADVISORY PANEL (SAP)

OPEN MEETING

August 16-17, 2007

FIFRA SAP WEB SITE http://www.epa.gov/scipoly/sap/

OPP Docket Telephone:<PHONE_NUMBER>

Docket Number: EPA-HQ-OPP-2007-0388

U.S. Environmental Protection Agency

Conference Center - Lobby Level

One Potomac Yard (South Bldg.)

2777 S. Crystal Drive, Arlington, VA 22202

Assessing Approaches for the Development of PBPK Models of Pyrethroid
Pesticides

Friday, August 17, 2007

8:30 A.M.	Introduction and Identification of Panel Members -

		Steven G. Heeringa, Ph.D. (FIFRA SAP Chair)

8:40 A.M.	Administrative Procedures by Designated Federal Official -

		Mr. Steven Knott, Office of Science Coordination and Policy, EPA

8:45 A.M.	Follow-up from Previous Day’s Discussion

9:00 A.M.	Charge to Panel – Issue 3:

The Agency’s issue paper and data provided in Appendix C show that
blood and brain concentrations of parent compound in the rat correlate
with pyrethroid toxicity as measured by motor activity. At the present
time, the Agency plans to evaluate additional metrics (e.g., area under
the curve) with additional pyrethroids. Moreover, the Agency plans to
test other behavioral measures (e.g., startle response).

Please comment on the available database to assess the dose metric for
pyrethroids. Please also comment on what additional experiments, if any,
could further inform the dose metric.

10:15 A.M.	Break

10:30 A.M.	Charge to Panel – Issue 3 continued

11:00 A.M.	Charge to Panel – Issue 4:

Pyrethroids may have one or more chiral centers resulting in potentially
multiple stereoisomers. Some products, such as deltamethrin, are
relatively pure single stereoisomers. Others such as cypermethrin may
contain as many as eight stereoisomers. There is limited information on
the toxicity and pharmacokinetics of the different stereoisomers. The
Agency is proposing to evaluate three modeling assumptions. The first
approach combines all stereoisomers as one chemical. The second approach
includes modeling all the diastereomers and ignores the enantiomers; the
third approach includes only the toxic stereoisomers. To evaluate these
approaches, the Agency is using permethrin as a model chemical.

Please comment on these three approaches. Are there additional modeling
assumptions or approaches that the Agency should consider or that could
simplify the modeling?

12:00 P.M.	Lunch

1:15 P.M.	Charge to Panel – Issue 4 continued

2:00 P.M.	Adjournment

Please be advised that agenda times are approximate; when the discussion
for one topic is completed, discussions for the next topic will begin.
For further information, please contact the Designated Federal Official
for this meeting, Mr. Steven Knott, via telephone:<PHONE_NUMBER>; fax:
<PHONE_NUMBER>; or email<EMAIL_ADDRESS>
DRAFT 7/30/2007


[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Notices]
[Pages 16421-16422]
[FR Doc No: 2014-06403]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2013-0161]

Pipeline Safety: Public Workshop on Class Location Methodology

AGENCY: Pipeline and Hazardous Materials Safety Administration, DOT.

ACTION: Notice of public meeting.

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

SUMMARY: The Pipeline and Hazardous Materials Safety Administration
(PHMSA) is holding a public workshop along with the National
Association of Pipeline Safety Representatives to present perspectives
and seek comment on whether applying the gas pipeline integrity
management (IM) requirements beyond high consequence areas would
mitigate the need for class location requirements. This event is just
one action in support of addressing Section 5(a)(2) of the Pipeline
Safety, Regulatory Certainty, and Job Creation Act of 2011 (Pub. L.
112-90).

DATES: The public workshop will be held on Wednesday, April 16, 2014,
from 9:00 a.m. to 4:30 p.m. EST. Written

comments must be received by May 27, 2014.

ADDRESSES: The workshop will be held at the Hilton Crystal City at the
Washington Reagan National Airport, 2399 Jefferson Davis Highway,
Arlington, Virginia. A small room block is available at the Federal
government rate of $224/night for the nights of April 15 and 16 on a
first come, first served basis. Hotel reservations can be made under
the room block ``United States Department of Transportation'' at 703-
418-6800 or at http://www3.hilton.com/en/hotels/virginia/hilton-crystal-city-at-washington-reagan-national-airport-DCANAHF/index.html.
    Registration: Members of the public may attend this free workshop.
To help assure that adequate space and accommodations are provided, all
attendees are encouraged to register for the workshop in advance at
http://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=95. A name tag
will be provided from your registration.
    Webcast: This public event will also be webcasted in order to
facilitate wider reaching and remote attendance. Webcast information
will be provided from the event meeting in the hour before the start
time at http://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=95.
    Comments: Members of the public may also submit written comments
either before or after the workshop. Comments on this public event
should reference Docket No. PHMSA-2013-0161. Comments may be submitted
in the following ways:
     E-Gov Web site: http://www.regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency. Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System, U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590.
    Hand Delivery: DOT Docket Management System, Room W12-140, on the
ground floor of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC between 9:00 a.m. and 5:00 p.m., Monday through Friday,
except Federal holidays.
    Instructions: Identify the docket number at the beginning of your
comments. If you submit your comments by mail, submit two copies. If
you wish to receive confirmation that PHMSA has received your comments,
include a self-addressed stamped postcard. Internet users may submit
comments at http://www.regulations.gov.

    Note: Comments will be posted without changes or edits to http://www.regulations.gov including any personal information provided.
Please see the Privacy Act Statement heading below for additional
information.

Privacy Act Statement

    Anyone may search the electronic form of all comments received for
any of our dockets. You may review DOT's complete Privacy Act Statement
in the Federal Register published April 11, 2000, (65 FR 19476).

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities, or to request special assistance at the meeting, please
contact the Hilton Chrystal City at the Washington Reagan National
Airport at<PHONE_NUMBER> or Robert Smith, PHMSA, Office of Pipeline
Safety, at<PHONE_NUMBER> or by email at<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Robert Smith, PHMSA, Office of
Pipeline Safety, at<PHONE_NUMBER> or by email at<EMAIL_ADDRESS>
regarding the subject matter of this notice.

SUPPLEMENTARY INFORMATION: The Pipeline and Hazardous Materials Safety
Administration (PHMSA) is holding a public workshop to present and seek
comment on whether applying the gas pipeline integrity management (IM)
requirements beyond high consequence area would mitigate the need for
class location requirements. Locations along gas pipelines are divided
into classes from 1 (rural) to 4 (densely populated) and are based upon
the number of buildings or dwellings for human occupancy. Allowable
pipe operating stresses, as a percentage of specified minimum yield
strength, decrease as class location increases from Class 1 to Class 4
locations. Gas IM requirements use a different approach to identify
areas of higher risk along pipelines. The workshop will have
presentations from PHMSA, state regulatory representatives and other
stakeholders on the review of both methodologies, discussion panels,
and an overview of comments received from an August 1, 2013, Notice of
Inquiry and from an August 25, 2011, Advance Notice of Proposed
Rulemaking in Docket No. PHMSA-2011-0023 at www.regulations.gov.
    The details on this meeting including the location, times and
agenda will be available on the meeting page https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=95 as they become
available.
    Presentations, transcripts and the webcast archive will be
available online at the meeting page http://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=95 within 30 days following the meeting.

    Authority:  49 CFR 1.97.

    Issued in Washington, DC, on March 19, 2014.
Alan K. Mayberry,
Deputy Associate Administrator for Policy and Programs.
[FR Doc. 2014-06403 Filed 3-24-14; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Notices]
[Page 68662-68664]
[DOCID:fr27no06-137]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54775; File No. SR-DTC-2006-14]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Order Granting Accelerated Approval of a Proposed
Rule Change To Amend Its Certificate of Organization To Provide for the
Issuance of an Additional 500,000 Shares of DTC Series A Preferred
Stock

November 17, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on October 6, 2006, The
Depository Trust Company (``DTC'') filed with the Securities and
Exchange Commission (``Commission'') and on November 14, 2006, amended,
the proposed rule change described in Items I, II, and III below, which
items have been prepared primarily by DTC. The Commission is publishing
this notice and order to solicit comments from interested

persons and to grant accelerated approval of the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

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

    The purposed rule change relates to changes to DTC's Certificate of
Organization to provide for the issuance of an additional 500,000
shares of DTC Series A Preferred Stock.

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

    In its filing with the Commission, DTC 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. DTC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\2\
---------------------------------------------------------------------------

    \2\ The Commission has modified the text of the summaries
prepared by DTC.
---------------------------------------------------------------------------

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

    In 1999, DTC's Certificate of Organization was amended to provide
for the issuance of up to $150 million of Series A Preferred Stock as
thereafter authorized by the Board of Directors.\3\ In February 2000,
the Board decided to increase the capital of DTC by issuing 750,000
shares of variable rate, noncumulative, nonvoting Series A Preferred
Stock at the par value of $100 per share and to reduce the mandatory
deposits to the Participants Fund by a corresponding amount.\4\ DTC
participants are required to purchase and own shares of the Series A
Preferred Stock in proportion to their use of DTC services. DTC treats
the Series A Preferred Stock held by participants substantially the
same as the mandatory cash deposits made by participants to the
Participants Fund for purposes of collateralizing securities
transactions, limiting net debit positions, implementing default
procedures, and allocating unrecovered losses.
---------------------------------------------------------------------------

    \3\ The amended Certificate of Organization was the subject of a
DTC rule filing previously approved by the Commission. Securities
Exchange Act No. 41529 (June 15, 1999), 64 FR 33333 (June 22, 1999)
[File No. SR-DTC-99-08].
    \4\ This restructuring of DTC's Participants Fund was the
subject of a rule filing previously approved by the Commission.
Securities Exchange Act No. 43197 (August 23, 2000), 65 FR 52459
(August 29, 2000) [File No. SR-DTC-00-02].
---------------------------------------------------------------------------

    In order to further increase capital,\5\ DTC is proposing to amend
its Certificate of Organization to provide for the issuance of an
additional 500,000 shares of Series A Preferred Stock at the par value
of $100 per share and to further reduce mandatory cash deposits by a
corresponding amount.\6\ The proceeds of the reductions of the
mandatory cash deposits will be used to pay the purchase price of the
shares, and all reductions and payments will be settled through the
facilities of DTC with no action required on the part of any
participant.
---------------------------------------------------------------------------

    \5\ DTC, as a depository institution, is subject to risk-based
capital guidelines issued by the Board of Governors of the Federal
Reserve. To be considered ``well capitalized'' under these
guidelines, DTC must maintain a Tier I Leverage Ratio of at least 3%
and Tier I Risk Based Capital Ratio of at least 8%. The issuance of
the additional Series A Preferred Stock will enable DTC to continue
to meet these requirements.
    \6\ The issuance of an additional 500,000 shares will increase
the outstanding amount of Preferred Stock to $125 million and will
reduce the mandatory cash portion of the Participants Fund deposit
to $475 million, maintaining the total mandatory amount at $600
million.
---------------------------------------------------------------------------

    DTC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act\7\ and the rules and regulations
thereunder applicable to DTC because the proposed rule change will not
affect the safeguarding of securities and funds in DTC's custody or
control for which it is responsible.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    DTC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    Written comments relating to the proposed rule change have not yet
been solicited or received. 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

    Section 17A(b)(3)(F) \8\ of the Act requires that the rules of a
clearing agency be designed to assure the safeguarding of securities
and funds which are in the custody or control of the clearing agency or
for which it is responsible. For the reasons set forth below, the
Commission finds that DTC's proposed rule change is consistent with
DTC's obligations under the Act.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Series A Preferred Stock will be used in conjunction with and
will have the characteristics of required deposits to the Participants
Fund. The proposed rule change enables DTC to increase its capital base
and maintain the same level of assets for use in the event of a
participation default without imposing any additional financial burden
on its participants and enables DTC to continue to meet the risk-based
capital guidelines issued by the Board of Governors of the Federal
Reserve. Therefore, the Commission finds that the rule change is
consistent with DTC's obligation to assure the safeguarding of
securities and funds which are in its custody or control or for which
it is responsible.
    The Commission finds good cause for approving the proposed rule
change prior to the thirtieth day after the date of publication of
notice of filing because approving the proposed rule change prior to
the thirtieth day after the date of publication of notice of filing
will allow DTC to implement the proposed rule change prior to the end
of the year.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
) or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-DTC-2006-14 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-DTC-2006-14. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the

Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Section, 100 F Street, NE., Washington,
DC 20549. Copies of such filing also will be available for inspection
and copying at the principal office of DTC and on DTC's Web site at
http://www.dtc.org. 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-2006-14 and should be submitted on or before December 18, 2006.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\9\
Nancy M. Morris,
Secretary.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

 [FR Doc. E6-19961 Filed 11-24-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Rules and Regulations]
[Pages 15310-15312]
[FR Doc No: 2018-06951]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1120; Product Identifier 2017-CE-030-AD; Amendment
39-19244; AD 2018-07-13]
RIN 2120-AA64

Airworthiness Directives; Textron Aviation Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Textron Aviation Inc. Models 510, 680, and 680A airplanes equipped with
certain part number brake assemblies. This AD was prompted by a report
that brake pad wear indicator pins were set incorrectly, which could
lead to brake pad wear beyond the acceptable limits without indication.
This AD requires inspection of the brake pad wear indicator pins and
replacement of the brake assembly if any pin is set incorrectly. We are
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 15, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of May 15, 2018.

ADDRESSES: For service information identified in this final rule,
contact Textron Aviation Inc., One Cessna Boulevard, P.O. Box 7704,
Wichita, Kansas 67277; phone:<PHONE_NUMBER>; email:
[email protected]; internet: https://support.cessna.com/custsupt/csupport/newlogin.jsp; or UTC Aerospace Systems, Goodrich Corporation,
101 Waco Street, P.O. Box 340, Troy, Ohio 45373; phone:<PHONE_NUMBER>;
email: [email protected]; internet: https://www.customers.utcaerospacesystems.com/. 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 http://www.regulations.gov by searching for and
locating Docket No. FAA-2017-1120.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1120; 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 address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION:  CONTACT ONE OF THE FOLLOWING:
     For the Model 510: David Enns, Aerospace Engineer, Wichita
ACO Branch, FAA, 1801 Airport Road, Room 100, Wichita, Kansas 67209;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email: [email protected]; or
     For the Models 680 and 680A: Adam Hein, Aerospace
Engineer, Wichita ACO Branch, FAA, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Textron Aviation
Inc. (Textron) Models 510, 680, and 680A airplanes equipped with brake
assemblies, part numbers (P/Ns) 2-1706-1 and 2-1675-1, with certain
serial numbers. The NPRM published in the Federal Register on December
11, 2017 (82 FR 58140). The NPRM was prompted by a report that brake
pad wear indicator pins were set incorrectly, which could lead to brake
pad wear beyond the acceptable limits without indication. Brakes
overhauled by UTC may have wear indicator pins set longer than
specified. UTC discovered this condition during their inspection of
incoming brakes. This condition, if not corrected, could result in
brake pad wear beyond the acceptable limits without indication and
consequent loss of braking ability, which could lead to a runway
excursion. We are issuing this AD to address the unsafe condition on
these products.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.

Request Clarification for FAA-Approved Replacement Instructions

    Mark Mitcheson of NetJets Aviation requested specifics on ``FAA-
approved replacement instructions approved specifically for this AD.''
We infer he wants clarification of the intent of this statement.
    We agree that the language quoted by the commenter and used in the
NPRM was confusing. We intended to direct those responsible for
complying with the requirements of the AD to the type certificate
holder, in this case Textron Aviation Inc., to obtain the replacement
instructions (i.e., maintenance manuals) specific to the applicable
airplane models affected by this AD.
    We modified in this AD the language quoted by the commenter to more
accurately reflect our intent.

Request Parts Installation Prohibition

    Mark Mitcheson requested whether the AD should prohibit the
installation of the affected parts.
    We partially agree. We agree operators should avoid installing the
affected part because parts that do not meet type design could
introduce the unsafe condition onto the airplane. However, we disagree
with adding a specific requirement to the AD prohibiting the
installation of the affected part. This AD requires inspection of the
installed affected parts, and, if an affected part is installed, the
airplane will immediately be subject to the requirements of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the change described previously and minor
editorial changes. We have determined that these changes:
     [Agr]re consistent with the intent that was proposed in
the NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed UTC Aerospace Systems Service Bulletin 2-1706-1-32-1,
Revision 1, dated July 18, 2017; and UTC Aerospace Systems Service
Bulletin 2-1675-32-2, Revision 1, dated July 18, 2017. For the
applicable models, the service information identifies the affected
serial number brake assemblies and describes procedures for inspecting
the wear indicator pins. 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. These UTC service bulletins are included as
attachments with the Textron service letters discussed in the Other
Related Service Information paragraph.

Other Related Service Information

    We also reviewed Textron Aviation Inc. Service Letters SL510-32-08,
SL680-32-15, and SL680A-32-05, all dated July 21, 2017. For the
applicable airplane models, these service letters direct the operators
to use Goodrich Service Bulletins 2-1706-1-32-1 and 2-1675-32-2.
However, the Goodrich Service Bulletins that the Textron Aviation Inc.
Service Letters refer to and intend for operators to use are titled UTC
Aerospace Systems Service Bulletin 2-1706-1-32-1, Revision 1, dated
July 18, 2017; and UTC Aerospace Systems Service Bulletin 2-1675-32-2,
Revision 1, dated July 18, 2017. The UTC Aerospace Systems service
bulletins are included as attachments to the Textron service letters.

Costs of Compliance

    We estimate that this AD affects 668 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
             Action                      Labor cost              Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of the brake assembly  1 work-hour x $85 per    Not applicable.......             $85         $31,790
 wear indicator pins for Models    hour = $85.
 680 and 680A.
Inspection of the brake assembly  .5 work-hour x $85 per   Not applicable.......           42.50          12,495
 wear indicator pins for Model     hour = $42.50.
 510.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement of the brake assembly for        8 work-hours x $85 per hour = $680.        $106,164        $106,844
 Models 680 and 680A.
Replacement of the brake assembly for Model  3 work-hours x $85 per hour = $255.          10,828          11,083
 510.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, the costs of this AD may be covered
under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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.
    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, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated appliances to the Director of the Policy and Innovation
Division.

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,
    (2) Is not a ``significant rule'' under 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.

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):

2018-07-13 Textron Aviation Inc.: Amendment 39-19244; Docket No.
FAA-2017-1120; Product Identifier 2017-CE-030-AD.

(a) Effective Date

    This AD is effective May 15, 2018.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to Textron Aviation Inc. (Textron) (type
certificates previously held by Cessna Aircraft Company) Models 510,
680, and 680A airplanes, certificated in any category, with serial
numbers listed in paragraphs (c)(1)(i) through (iii) of this AD and
equipped with a brake assembly specified in paragraphs (c)(1)(i)
through (iii) of this AD:
    (i) For Model 510 airplanes, serial numbers (S/N) -0001 through
-0479: Brake assembly part number (P/N) 2-1706-1 that has a serial
number listed in table 1 of UTC Aerospace Systems (UTC) Service
Bulletin 2-1706-1-32-1, Revision 1, July 18, 2017;
    (ii) Model 680 airplanes, S/Ns -0001 through -0349 and -0501
through -0570: Brake assembly P/N 2-1675-1 that has a serial number
listed in table 1 of UTC Service Bulletin 2-1675-32-2, Revision 1,
July 18, 2017; and
    (iii) Model 680A airplanes, -0003 thru -0069 and -0071 thru -
0089: Brake assembly P/N 2-1675-1 that has a serial number listed in
table 1 of UTC Service Bulletin 2-1675-32-2, Revision 1, July 18,
2017.
    (2) The UTC service bulletins are included as attachments to
Textron Service Letters SL510-32-08, SL680-32-15, and SL680A-32-05,
all dated July 21, 2017. However, you may also obtain the UTC
service bulletins directly from UTC using the contact information
found in paragraph (k)(2) of this AD.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 32, Landing Gear.

(e) Unsafe Condition

    This AD was prompted by information received from UTC that brake
pad wear indicator pins were set incorrectly. We are issuing this AD
to detect and address wear indicator pins that were set at an
incorrect length. The unsafe condition, if not addressed, could
result in brake pad wear beyond the acceptable limits without
indication and consequent loss of braking ability, which could lead
to a runway excursion.

(f) Compliance

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

(g) Inspection

    (1) For Model 510 airplanes: Within 75 landings after May 15,
2018 (the effective date of this AD) or within 90 days after May 15,
2018 (the effective date of this AD), whichever occurs first,
inspect the brake pad wear indicator pins, P/N 2-1706-1, for correct
length following the Accomplishment Instructions in UTC Service
Bulletin 2-1706-1-32-1, Revision 1, July 18, 2017.
    (2) For Models 680 and 680A airplanes: Within 200 landings after
May 15, 2018 (the effective date of this AD) or within 90 days after
May 15, 2018 (the effective date of this AD), whichever occurs
first, inspect the brake pad wear indicator pins, P/N 2-1675-1, for
correct length following the Accomplishment Instructions in UTC
Service Bulletin 2-1675-32-2, Revision 1, July 18, 2017.
    (3) The compliance times in this AD are presented in landings.
If you do not keep a record of the total number of landings, then
multiply the total number of hours time-in-service (TIS) after the
effective date by 0.85 for Model 510 airplanes and multiply the
total number of hours TIS after the effective date by 0.73 for
Models 680 and 680A airplanes to estimate the number of landings.
    (4) UTC Service Bulletin 2-1706-1-32-1, Revision 1, July 18,
2017, and UTC Service Bulletin 2-1675-32-2, Revision 1, July 18,
2017, both contain a requirement to complete an attached form and
return the form to UTC Aerospace Systems. This AD does not require
completing the attached form and returning it to UTC Aerospace
Systems.

(h) Replacement

    If any brake pad wear indicator pin is found to have an
incorrect length during the inspection required in paragraph (g) of
this AD, before further flight, contact Textron Aviation, Inc. for
replacement instructions that the FAA accepted for compliance with
this AD. You may use the contact information listed in paragraph
(l)(3) of this AD, as applicable.

(i) Special Flight Permit

    We allow a special flight permit per 14 CFR 39.23 for the
replacement of the brake assembly required in paragraph (h) of this
AD provided the wear indicator pin length extends a minimum of 0.200
inches beyond the brake assembly housing with the brakes engaged.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita 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
applicable person identified in paragraph (k)(1)(i) or (ii) 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.

(k) Related Information

    (1) For more information about this AD, contact one of the
following:
    (i) For the Model 510: David Enns, Aerospace Engineer, Wichita
ACO Branch, FAA, 1801 Airport Road, Room 100, Wichita, Kansas 67209;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email: [email protected];
or
    (ii) For the Models 680 and 680A: Adam Hein, Aerospace Engineer,
Wichita ACO Branch, FAA, 1801 Airport Road, Room 100, Wichita,
Kansas 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].
    (2) You may review Textron Aviation Inc. Service Letters SL510-
32-08, SL680-32-15, and SL680A-32-05, all dated July 21, 2017, for
additional service information related to this AD.

(l) 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) UTC Aerospace Systems Service Bulletin 2-1675-32-2, Revision
1, July 18, 2017.
    (ii) UTC Aerospace Systems Service Bulletin 2-1706-1-32-1,
Revision 1, July 18, 2017.
    (3) For service information identified in this AD, contact
Textron Aviation Inc., One Cessna Boulevard, P.O. Box 7704, Wichita,
Kansas 67277; phone:<PHONE_NUMBER>; email: [email protected];
internet: https://support.cessna.com/custsupt/csupport/newlogin.jsp;
or UTC Aerospace Systems, Goodrich Corporation, 101 Waco Street,
P.O. Box 340, Troy, Ohio 45373; phone:<PHONE_NUMBER>; email:
[email protected]; internet: https://www.customers.utcaerospacesystems.com/.
    (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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on March 30, 2018.
Pat Mullen,
Acting Deputy Director, Policy & Innovation Division, Aircraft
Certification Service.
[FR Doc. 2018-06951 Filed 4-9-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: June 8, 2009 (Volume 74, Number 108)]
[Notices]
[Page 27214-27215]
[DOCID:fr08jn09-114]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60012; File No. SR-FINRA-2008-062]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Amendment No. 1 and Order Granting
Accelerated Approval of a Proposed Rule Change, as Modified by
Amendment No. 1, To Adopt FINRA Rule 2267 (Investor Education and
Protection) in the Consolidated FINRA Rulebook

May 29, 2009.

I. Introduction

    On December 11, 2008, the Financial Industry Regulatory Authority,
Inc. (``FINRA'') (f/k/a the National Association of Securities Dealers,
Inc. (``NASD'')) 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 require member firms, with certain exceptions,
to provide customers with FINRA's Web site address and information
regarding FINRA's BrokerCheck program at least once every calendar
year. The proposed rule change was published for comment in the Federal
Register on January 2, 2009.\3\ The Commission received two comment
letters regarding the proposal.\4\ On April 28, 2009, FINRA responded
to comments,\5\ and on April 29, 2009, FINRA filed Amendment No. 1 to
the proposal. This order provides notice of the proposed rule change as
modified by Amendment No. 1 and approves the proposed rule change, as
amended, on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(l).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 59160 (December 23,
2008), 74 FR 152 (``Notice'').
    \4\ See letter to the Commission from Richard Sacks, Investors
Recovery Service, dated January 6, 2009 (``IRS Letter''), and letter
to Florence E. Harmon, Acting Secretary, Commission, from John S.
Watts, Senior Vice President & Chief Counsel, PFS Investments Inc.,
dated January 26, 2009 (``PFS Letter'').
    \5\ See letter to Elizabeth M. Murphy, Secretary, Commission,
from Erika L. Lazar, Senior Attorney, FINRA, Office of General
Counsel, dated April 28, 2009 (``Response to Comments'').
---------------------------------------------------------------------------

II. Description of the Proposal

    FINRA proposed to adopt a rule based on NASD Rule 2280 (Investor
Education and Protection), which requires member firms, with certain
exceptions, to provide customers with FINRA's Web site address and
information regarding FINRA's BrokerCheck program at least once every
calendar year.
    NASD Rule 2280 currently applies to member firms that carry
customer accounts and hold customer funds or securities and requires
each member firm to provide its customers with the following
information in writing not less than once every calendar year: (1) The
``Public Disclosure Program'' hotline number; (2) the NASD Regulation
Web site address; and (3) a statement regarding the availability of an
investor brochure that includes information describing the ``Public
Disclosure Program.''
    As initially proposed, FINRA Rule 2267 would have applied to all
member firms, with two general exceptions: a firm that does not have
customers, and an introducing firm that is party to a carrying
agreement where the carrying member firm complies with the rule. FINRA
stated that FINRA Rule 2267 would be broader in scope than NASD Rule
2280 and would apply to member firms that conduct a limited business
with customers, such as mutual fund distributors and member firms that
deal solely with direct participation programs (``DPPs'').\6\ In
Amendment No. 1, FINRA modified its proposal in response to the
comments to permit a member whose contact with customers is limited to
introducing customer accounts that will be held at an entity other than
a FINRA member, and thereafter does not carry customer accounts or hold
customer funds or securities,\7\ to furnish a customer with the
information required by the rule at or before the time of the
customer's initial purchase, in lieu of once every calendar year.\8\
---------------------------------------------------------------------------

    \6\ These member firms would be required to comply with the rule
and provide the disclosures at least once every calendar year. To
the extent such firms are parties to a carrying agreement and the
member firm that carries the accounts complies on their behalf,
these firms would be excepted from the requirements of the proposed
rule.
    \7\ E.g., does not provide account statements or trade
confirmations.
    \8\ In addition, the proposed rule would include references to
``BrokerCheck'' rather than the ``Public Disclosure Program;''
reference the FINRA Web site address rather than the NASD Regulation
Web site address; and clarify that the information required under
the rule may be provided electronically to customers.
---------------------------------------------------------------------------

    FINRA stated in the Notice that it would announce the
implementation date of the proposed rule change in a Regulatory Notice
to be published no later than ninety days following Commission
approval.

III. Summary of Comments and Amendment No. 1

    The Commission received two comment letters on the proposed rule
change.\9\ One commenter expressed concern that, without the inclusion
of additional disclosure noting that information in BrokerCheck may
have been dismissed or expunged, customers may be mislead into
believing a broker or other financial professional has not been
involved in customer complaints.\10\ FINRA responded that it believed
this comment was outside the scope of the proposal, and also noted that
its Web site describes the contents of a BrokerCheck report and the
type of information that is not disclosed through BrokerCheck.\11\
---------------------------------------------------------------------------

    \9\ See supra, note 4.
    \10\ See IRS Letter.
    \11\ See Response to Comments at 2.
---------------------------------------------------------------------------

    Another commenter stated that the proposed FINRA rule would place a
significant burden on member firms, such as itself, that conduct a
limited business where customer accounts are introduced to a non-FINRA
member product issuer and have no direct contact with the customers
after the initial transaction.\12\ The commenter stated that these
firms do not carry customer accounts or hold customer funds or
securities after the initial transaction. The commenter argued that
because these firms do not send statements or trade confirmations, they
do not have an easy method to provide information to customers, and a
special annual mailing for the purposes of complying with the rule as
initially proposed could be burdensome and substantial.\13\
---------------------------------------------------------------------------

    \12\ See PFS Letter, supra, note 4.
    \13\ Id.
---------------------------------------------------------------------------

    FINRA responded that it would amend the proposal to clarify the
application of Rule 2267.\14\ Specifically, FINRA stated it would
codify the interpretive guidance regarding current NASD Rule 2280,
which requires these firms to provide the requisite disclosures to
customers only at the time of the initial transaction.\15\
---------------------------------------------------------------------------

    \14\ See Response to Comments at 2.
    \15\ See Response to Comments at 2, citing the NASD Regulation,
Inc. Regulatory and Compliance Alert (Summer 1999) at 24. See
Amendment No. 1 which also made non-substantive changes to the rule.

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

IV. Discussion and Commission Findings

    After careful review of the proposed rule change, the comment
letters, and FINRA's response to comments, the Commission finds that
the proposal is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
association.\16\ In particular, the Commission finds that the proposed
rule change is consistent with Section 15A(b)(6) of the Act,\17\ which
requires, among other things, that FINRA rules be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, and, in general, to protect investors
and the public interest.
---------------------------------------------------------------------------

    \16\ 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).
    \17\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    Requiring broker-dealers that carry customer accounts to provide
customers at least once each calendar year, or, for certain broker-
dealers that are introducing firms as described in the proposed rule,
once at the time of initial purchase, with written information
regarding the BrokerCheck hotline number, FINRA's Web site address, and
a statement regarding the availability of an investor brochure
describing BrokerCheck, publicizes the availability of information that
helps investors determine whether to conduct, or to continue to
conduct, business with a FINRA member or associated person of the
member. In addition, the Commission has found NASD Rule 2280, on which
the proposed rule is based, to be consistent with the requirements of
the Act and the rules and regulations thereunder applicable to a
national securities association.\18\
---------------------------------------------------------------------------

    \18\ See Securities Exchange Act Release No. 39043 (September
10, 1997), 62 FR 48689 (September 16, 1997)(Order Approving Proposed
Rule Change and Notice of Filing and Order Granting Accelerated
Approval of Amendment No. 1 to the Proposed Rule Change by the
National Association of Securities Dealers, Inc. Relating to the
Distribution of Information Concerning the Availability of the
NASD's Public Disclosure Program).
---------------------------------------------------------------------------

    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\19\ for approving the proposal, as modified by Amendment No.
1, prior to the thirtieth day after the date of publication of notice
of filing of Amendment No. 1 in the Federal Register.\20\ Amendment No.
1 responded to the comments by tailoring the requirement for firms
whose contact with customers is limited to introducing customer
accounts to be held directly at an entity other than a FINRA member and
thereafter do not carry customer accounts or hold customer funds but
that the customer, at the outset, still receives the information. In
addition, the firms afforded the exception proposed in Amendment No. 1
do not have any obligation under current NASD Rule 2280, so customers
will still be receiving more information than they do presently.
Therefore, the Commission believes that it is in the public interest to
approve the proposal, as modified by Amendment No. 1, on an expedited
basis.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(2).
    \20\ Pursuant to Section 19(b)(2) of the Act, 15 U.S.C.
78s(b)(2), the Commission may not approve any proposed rule change,
or amendment thereto, prior to the thirtieth day after the date of
publication of the notice thereof, unless the Commission finds good
cause for so doing.
---------------------------------------------------------------------------

V. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposal, as
modified by Amendment No. 1, is consistent with the Act. Comments may
be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-FINRA-2008-062 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-FINRA-2008-062. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. All comments
received will be posted without change; 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-FINRA-2008-062 and should be
submitted on or before June 29, 2009.

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\21\ that the proposed rule change (SR-FINRA-2008-062), as modified
by Amendment No. 1, be, and hereby is, approved on an accelerated
basis.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(2).
    \22\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-13253 Filed 6-5-09; 8:45 am]

BILLING CODE 8010-01-P


SEPTEMBER 2, 2003  FOR IMMEDIATE RELEASE National Advisory Council for Environmental Policy and Technology ( NACEPT) Superfund Subcommittee PRESS STATEMENT  SEPTEMBER MEETING MATERIALS The Superfund Subcommittee of the National Advisory Council for Environmental Policy and Technology issues this statement to provide context for the August 2003 draft of its report, and other materials associated with the Subcommittee's September 2003 meeting. The August 2003 draft is the second in a series of draft reports developed to describe Subcommittee discussions to date and further the Subcommittee's deliberations.

The Superfund Subcommittee was convened in June 2002. Members of the Subcommittee are seniorlevel individuals from business and industry, community and environmental advocacy groups, federal,

state, local and tribal governments, and environmental justice, other non governmental organizations and academia, appointed by EPA. The Subcommittee has met five times and intends to complete its activities by the end of 2003.

As yet, the Subcommittee has not finalized its report to EPA nor has it reached any conclusions about recommendations. Deliberations by the Subcommittee will continue at the full Subcommittee meeting scheduled for September 3  5 at the Wyndham City Center Hotel in Washington D. C. and at additional meetings scheduled for November and December 2003. At the September meeting, the Subcommittee will consider, discuss, and as appropriate modify the August 2003 draft report. All individuals should understand that the August 2003 draft report is a work in progress. It does not represent the consensus of the Subcommittee and should not be cited or quoted except as an interim draft document prefaced by the statement that it " does not represent the consensus of the Subcommittee." This document will be thoroughly and carefully reviewed by the Subcommittee at its September meeting.

In accordance with the requirements of FACA, full Subcommittee meetings are open to the public and opportunities for public comment are provided. The Designated Federal Official for the Subcommittee is Angelo Carasea. He may be reached at ( 703) 603 8828.

More information on the Superfund Subcommittee, including past meeting agendas and summaries and detailed information on the September meeting, is available in the Superfund Docket. Contact the Docket September 2, 2003   FOR IMMEDIATE RELEASE National Advisory Council for Environmental Policy and Technology ( NACEPT) Superfund Subcommittee Page 2 of 2 at www. epa. gov/ edocket or by phone at 202 566 0276 and refer to docket # SFUND 2002 0005. Other inquiries may be directed to Molly Mayo at the Meridian Institute at ( 970) 513 8340 extension 310.


                             JON M. HUNTSMAN, JR.
Governor

                                 GARY HERBERT
Lieutenant Governor
                             JON M. HUNTSMAN, JR.
Governor

                                 GARY HERBERT
Lieutenant Governor
                                State of Utah

                      Department of Environmental Quality

                           Dianne R. Nielson, Ph.D.
Executive Director

                            DIVISION OF AIR QUALITY
                               Richard W. Sprott
Director

                                State of Utah

                      Department of Environmental Quality

                           Dianne R. Nielson, Ph.D.
Executive Director

                            DIVISION OF AIR QUALITY
                               Richard W. Sprott
Director

150 North 1950 West :: PO Box 144820 :: Salt Lake City, UT 84114-4820 :: phone<PHONE_NUMBER> :: fax<PHONE_NUMBER>
T.D.D.<PHONE_NUMBER> :: www.deq.utah.gov

                                                                    DAQE-026-06

June 12, 2006

Mr. Thomas Cameron
Vice President
Summit Vineyard, LCC
6682 West Greenfield Ave., Suite 109
West Allis, WI 53214-4960

Re:  Emission Credit Report

This Order confirms the transfer of 22.04 tons/year of NOx, 5.20 tons/year of SO2, and 47.04 tons/year of PM10 banked emissions from Summit Vineyard, LCC to Pacificorp.  The transfer results in the following emissions balance for your company in the Emissions Credit Registry.  The following table shows a summary of the registry for Summit Vineyard, LCC.  Should you have any questions, please feel free to call Tom Bradley at<PHONE_NUMBER>, or Email<EMAIL_ADDRESS>

                                   Pollutant
                         Previous Credits (tons/year)
                              Credit Transferred
                           By this Order (tons/year)
                      Total Emissions Credit (tons/year)
                                      NOx
                                     22.04
                                     22.04
                                     0.00
                                      SO2
                                     5.20
                                     5.20
                                     0.00
                                     PM10
                                     47.04
                                     47.04
                                     0.00

Sincerely,

Richard W. Sprott, Executive Secretary
Utah Air Quality Board

RWS:TJB:kw


[Federal Register Volume 76, Number 102 (Thursday, May 26, 2011)]
[Notices]
[Pages 30727-30730]
[FR Doc No: 2011-13059]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0366]

Food and Drug Administration Food Safety Modernization Act: Focus
on Inspections and Compliance

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing a public
meeting entitled ``FDA Food Safety Modernization Act: Focus on
Inspections and Compliance.'' The purpose of the public meeting is to
provide interested persons an opportunity to discuss implementation of
inspections and compliance under the recently enacted FDA Food Safety
Modernization Act (FSMA). More specifically, the public will have an
opportunity to provide information and share views that will inform
FDA's

FSMA implementation strategies relative to enforcement authorities;
frequency and targeting of facility inspections; manner of inspection
in a preventive controls environment; and improving the reportable food
registry (RFR).

DATES: See table 1 in the SUPPLEMENTARY INFORMATION section of this
document.

FOR FURTHER INFORMATION CONTACT: Patricia M. Kuntze, Office of External
Affairs, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
32, rm. 5322, Silver Spring, MD 20993,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FSMA (Pub. L. 111-353) amends the Federal Food, Drug, and Cosmetic
Act (the FD&C Act) to establish the foundation for a modernized,
prevention-based food safety system. The legislation recognizes that
inspection is an important means of assessing industry compliance with
the law and holding industry accountable for their responsibility to
produce a safe product. FDA will meet this expectation by:
     Using the new enforcement authorities granted by FSMA,
     Applying its inspection resources in a risk-based manner,
and
     Adopting inspection approaches that promote the efficient
and effective use of existing resources.
    Section 102 of FSMA, among other things, amends section 415 of the
FD&C Act (21 U.S.C. 350d) for various purposes, including authorizing
the Secretary of Health and Human Services to suspend registration of a
facility if she determines that food manufactured, processed, packed,
received, or held by the facility poses a reasonable probability of
serious adverse health consequences or death and the facility either
created, caused, or was otherwise responsible for that reasonable
probability or knew of, or had reason to know of, such reasonable
probability and packed, received, or held the food. A facility that is
under suspension is prohibited from introducing food into commerce in
the United States.
    Section 201 of FSMA, among other things, creates a new section 421
of the FD&C Act (21 U.S.C. 350j) that establishes a mandated inspection
frequency, based on risk, for food facilities that are required to
register under section 415 of the FD&C Act and requires the frequency
of inspection of such facilities to increase immediately. All high-risk
domestic facilities must be inspected within 5 years of FSMA's
enactment and no less than every 3 years thereafter. Non-high-risk
domestic facilities must be inspected within 7 years of FSMA's
enactment and no less than every 5 years thereafter. Within 1 year of
FSMA's enactment, the law directs FDA to inspect at least 600 foreign
facilities and to double those inspections every year for the next 5
years.
    Section 206 of FSMA creates a new section 423 of the FD&C Act (21
U.S.C. 3501) to provide FDA with mandatory recall authority for foods
other than infant formula. This authority applies when FDA determines
that there is a reasonable probability that an article of food is
adulterated under section 402 of the FD&C Act (21 U.S.C. 342) or
misbranded under section 403(w) of the FD&C Act (21 U.S.C. 343(w)) and
the use of or exposure to such article of food will cause serious
adverse health consequences or death to humans or animals.
    Section 207 of FSMA amends section 304(h)(1)(A) of the FD&C Act (21
U.S.C. 334(h)(1)(A)) to provide FDA with a more flexible standard for
administratively detaining human and animal food products that are
potentially in violation of the FD&C Act. Under the new law, FDA may
administratively detain food if FDA has reason to believe that the food
is adulterated or misbranded. Administrative detention is the procedure
FDA uses to keep suspect food from being moved.
    Section 211 of FSMA amends section 417 of the FD&C Act (21 U.S.C.
350f), among other things, to require FDA to publish, on the Web, an
easily printable one page summary of certain consumer-oriented
information regarding certain reportable foods, including information
necessary to enable a consumer to accurately identify whether the
consumer is in possession of the reportable food. Grocery stores that
sold a reportable food that is the subject of a summary posting and
that are part of a chain of establishments with 15 or more physical
locations will be required to prominently display such summary or the
information from such summary via at least one of the methods to be
identified by FDA within 24 hours after FDA publishes the summary.

II. Purpose and Format of the Meeting

    If you wish to attend and/or present at the meeting scheduled for
June 6, 2011, please register by e-mail to http://www.blsmeetings.net/FDAInspection&Compliance by May 31, 2011. FDA is holding the public
meeting to receive input from the public to inform FDA's implementation
of the FSMA provisions identified previously in this document.
    In general, the meeting format will include introductory
presentations by FDA. Listening to our stakeholders is the primary
purpose of this meeting. In order to meet this goal, FDA will provide
multiple opportunities for individuals to actively express their views
by making presentations at the meeting, participating in a total of
three 75-minute breakout sessions on the provisions discussed at the
meeting, and submitting written comments to the docket(s) within 30
days after this meeting. Participants can select up to three of the
following four breakout sessions: Enforcement authorities, frequency
and targeting of facility inspections, manner of inspection in a
preventive controls environment, and improving the RFR.
    FDA requests comment on the following questions in the break-out
sessions:

1. Enforcement Authorities

     How do you suggest FDA employ the use of its revised
administrative detention authority in a preventive controls
environment?
     State regulators--can you provide examples where you have
recently used your embargo/detention authorities? Can you describe
examples where States have used embargo in situations where the subject
food was produced contrary to established food safety preventive
control standards; for instance, contrary to those standards defined
under the juice or seafood Hazard Analysis and Critical Control Points
rules?
     How do you see FDA implementing food facility registration
suspension, and under what circumstances should FDA use its suspension
authority? Under what circumstances should FDA use its mandatory food
recall authority? Under what circumstances do you envision FDA using
food facility registration suspension in conjunction with ordering a
mandatory food recall?

2. Frequency and Targeting of Facility Inspections

     What data sources are available that could assist with the
designation of high risk/non-high risk facility inventories? What data
sources could assist with targeting foreign firms for inspection?
     What criteria should FDA consider when defining its high
risk and non-high risk facility inventories? If the criteria you
suggest require use of data that FDA does not currently collect or
otherwise possess, how should FDA acquire that information?
     How should FDA evaluate or ``weigh'' the criteria to
determine risk?

What factor(s) should be considered the most important and should this
vary depending on the circumstances?

3. Manner of Inspection in a Preventive Controls Environment

     What inspection approaches could FDA use to satisfy the
domestic and foreign inspection frequency mandates, including by
working with State and local governments?
     What inspection tools (e.g., new technologies) could FDA
use to meet the domestic and foreign inspection frequency mandates?
     How might FDA use firms' written preventive control plans
that will be required in the future under section 103 of FSMA, or
information from those plans, to prioritize FDA's work and develop
inspectional strategies?
     How should FDA work with foreign governments with respect
to inspections of those food facilities in their countries that offer
food products for import to the United States?

4. Improving the RFR

     What information is necessary to enable a consumer to
accurately identify whether the consumer is in possession of a
reportable food?
     What methods could best be used by grocery stores to
inform consumers of information to enable them to identify whether they
possess a reportable food?
     Are there other approaches to getting key information in
the hands of consumers in real time that FDA should also consider
pursuing?
     Who should FDA consider to be a grocery store subject to
the consumer notification requirement in section 417(h) of the FD&C
Act?
     What methods are grocery stores currently using to provide
notice of food recalls to consumers?
    There will be an interactive Web cast; see section III of this
document. If you would like to participate at the meeting via the Web
cast, please register at http://www.blsmeetings.net/FDAInspection&Compliance. In order to provide Web cast participants
with information before and after the meeting, we request attendees
provide their name, their affiliation, and e-mail when registering. It
is recommended that attendees via Web cast test their Internet
connection to confirm access of the Web cast prior to the meeting. To
test this connection, visit http://fda.yorkcast.com/webcast/Catalog/catalogs/default.aspx and click on ``CDRH Television Tutorial and
Firewall Test.''

III. How To Participate in the Meeting

    Stakeholders will have an opportunity to provide oral comments. Due
to limited space and time, FDA encourages all persons who wish to
attend the meeting, either onsite or by Web cast, including those
requesting an opportunity to make an oral presentation during the time
allotted for public comment at the meeting, to register in advance and
to provide the specific topic or issue to be addressed and the
approximate desired length of their presentation. Depending on the
number of requests for such oral presentations, there may be a need to
limit the time of each oral presentation (e.g., 3 minutes each). If
time permits, individuals or organizations that did not register in
advance may be granted the opportunity for such an oral presentation.
FDA would like to maximize the number of stakeholders who make a
presentation at the meeting and will do our best to accommodate all
persons who wish to make a presentation or express their views at the
meeting. FDA anticipates that there will be several opportunities to
speak in breakout sessions and an interactive Web cast will also be
available for stakeholders who are not onsite.
    FDA encourages persons and groups who have similar interests to
consolidate their information for presentation through a single
representative. After reviewing the presentation requests, FDA will
notify each participant before the meeting of the amount of time
available and the approximate time their presentation is scheduled to
begin. There is no fee to register for the public meeting and
registration will be on a first-come, first-served basis. Early
registration is recommended because seating is limited. Onsite
registration will be accepted after all pre-registered attendees are
seated. Table 1 of this document provides information on participating
in the meeting and on submitting comments to the docket (see table 2 of
this document for a list of docket numbers and corresponding sections
of FSMA).

                  Table 1--Information on Participation in the Meeting and Submitting Comments
----------------------------------------------------------------------------------------------------------------
                                                                             Address
                                     Date        Electronic address      (nonelectronic)      Other information
----------------------------------------------------------------------------------------------------------------
Date of Public Meeting.......  June 6, 2011, 9  ....................  FDA White Oak         Registration begins
                                a.m. to 5:30                           Campus, The Great     at 7:30 a.m.
                                p.m..                                  Room, Bldg. 31, rm.
                                                                       1503, 10903 New
                                                                       Hampshire Ave.,
                                                                       Silver Spring, MD
                                                                       20993.
Web cast Registration........  Ongoing........  http://                                     ....................
                                                 www.blsmeetings.net/
                                                 FDAInspection&Compl
                                                 iance.
                                                It is recommended
                                                 that attendees via
                                                 Webcast test their
                                                 Internet connection
                                                 to confirm access
                                                 to the Webcast
                                                 prior to the
                                                 meeting. To test
                                                 this connection,
                                                 visit http://fda.yorkcast.com/webcast/Catalog/catalogs/default.aspx and
                                                 click on ``CDRH
                                                 Television Tutorial
                                                 and Firewall Test''.
Advance Registration.........  By May 31, 2011  http://               ....................  Registration to
                                                 www.blsmeetings.net/                        attend the meeting
                                                 FDAInspection&Compl                         will also be
                                                 iance.                                      accepted onsite on
                                                                                the day of the
                                                                                meeting, as space
                                                                                permits.
                                                                                Registration
                                                                                information may be
                                                                                posted without
                                                                                change to http://www.regulations.gov
                                                                                , including any
                                                                                personal
                                                                                information
                                                                                provided.

Request special                By May 31, 2011  ....................  Patricia M. Kuntze,   ....................
 accommodations due to<PHONE_NUMBER>, e-
 disability.                                                           mail:
<EMAIL_ADDRESS>Make a request for oral        By May 31, 2011  http://               ....................  Written material
 presentation.                                   www.blsmeetings.net/                        associated with an
                                                 FDAInspection&Compl                         oral presentation
                                                 iance.                                      should be submitted
                                                                                in Microsoft
                                                                                PowerPoint,
                                                                                Microsoft Word, or
                                                                                Adobe Portable
                                                                                Document Format and
                                                                                may be posted
                                                                                without change to
                                                                                http://www.regulations.gov
                                                                                , including any
                                                                                personal
                                                                                information
                                                                                provided.
Provide a brief description    By May 31, 2011  http://               ....................  All comments must
 of the oral presentation and                    www.blsmeetings.net/                        include the Agency
 any written material for the                    FDAInspection&Compl                         name and the docket
 presentation.                                   iance.                                      number
                                                                                corresponding with
                                                                                the section of FSMA
                                                                                on which you are
                                                                                commenting (see
                                                                                table 2 of this
                                                                                document for a list
                                                                                of docket numbers
                                                                                and corresponding
                                                                                sections of FSMA).
                                                                                All received
                                                                                comments may be
                                                                                posted without
                                                                                change to http://www.regulations.gov
                                                                                , including any
                                                                                personal
                                                                                information
                                                                                provided.
Submit electronic or written   Submit comments  Federal eRulemaking   FAX:<PHONE_NUMBER>.    FDA encourages the
 comments.                      by July 6,       Portal: http://       Mail/Hand delivery/   submission of
                                2011.            www.regulations.gov   Courier (for paper,   electronic comments
                                                 . Follow the          disk, or CD-ROM       by using the
                                                 instructions for      submissions):         Federal eRulemaking
                                                 submitting comments.  Division of Dockets   Portal. For
                                                                       Management (HFA-      additional
                                                                       305), Food and Drug   information on
                                                                       Administration,       submitting
                                                                       5630 Fishers Lane,    comments, see
                                                                       rm. 1061,             section IV of this
                                                                       Rockville, MD 20852.  document.
----------------------------------------------------------------------------------------------------------------

IV. Comments

    Regardless of attendance at the public meeting, interested persons
may submit to the Division of Dockets Management (see table 1 of this
document) either electronic or written comments for consideration at or
after the meeting in addition to, or in place of, a request for an
opportunity to make an oral presentation. It is only necessary to send
one set of comments. It is no longer necessary to send two copies of
mailed comments.

                                 Table 2
------------------------------------------------------------------------
     Section of FSMA              Topic                Docket No.
------------------------------------------------------------------------
102.....................  Registration of Food  FDA-2011-N-0390
                           Facilities--Suspens
                           ion of Registration.
201.....................  Targeting of          FDA-2011-N-0391
                           Inspection
                           Resources for
                           Domestic Facilities
                           and Foreign
                           Facilities--Identif
                           ication and
                           Inspection of
                           Facilities.
206.....................  Mandatory Recall      FDA-2011-N-0392
                           Authority.
207.....................  Administrative        FDA-2011-N-0393
                           Detention of Food.
211.....................  Improving the         FDA-2011-N-0394
                           Reportable Food
                           Registry.
------------------------------------------------------------------------

    Received comments may be seen in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday.

V. Transcripts

    Please be advised that as soon as a transcript is available, it
will be accessible at http://www.regulations.gov and http://www.fda.gov/Food/FoodSafety/FSMA/default.htm. It may be viewed at the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852. A transcript will
also be available in either hardcopy or on CD-ROM, after submission of
a Freedom of Information request. Written requests are to be sent to
Division of Freedom of Information (ELEM-1029), Food and Drug
Administration, 12420 Parklawn Dr., Rockville, MD 20857.

    Dated: May 20, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-13059 Filed 5-25-11; 8:45 am]
BILLING CODE 4160-01-P