I am addressing the Oil and Natural Gas Sector Leaks whitepaper.

The paper should emphasize that some equipment, such as condensate tanks, that are not designed to hold liquids and gasses under pressure cannot be made to stop leaking with simple fixes. Condensate tanks that hold liquids with dissolved gasses that flash when the pressure is lowered from the well pressure to the tank pressure are designed to vent these gasses to the atmosphere. The only way to stop this is to use multi-stage separators so that flashing occurs during separation, and to rout flash emissions to the gas collection system instead of the tank.

--
Dale Wells
Modeling, Meteorology, and Emission Inventory Unit
Technical Services Program
Air Pollution Control Division
Colorado Department of Public Health and Environment
APCD-TS-B1
4300 Cherry Creek Drive South
Denver, CO 80246-1530
303-692-3237|<EMAIL_ADDRESS>


[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Rules and Regulations]
[Pages 68396-68397]
[FR Doc No: 2021-26201]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 868

[Docket No. FDA-2021-N-0622]

Medical Devices; Anesthesiology Devices; Classification of the
Isocapnic Ventilation Device

AGENCY: Food and Drug Administration, Department of Health and Human
Services (HHS).

ACTION: Final amendment; final order.

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SUMMARY: The Food and Drug Administration (FDA or we) is classifying
the isocapnic ventilation device into class II (special controls). The
special controls that apply to the device type are identified in this
order and will be part of the codified language for the isocapnic
ventilation device's classification. We are taking this action because
we have determined that classifying the device into class II (special
controls) will provide a reasonable assurance of safety and
effectiveness of the device. We believe this action will also enhance
patients' access to beneficial innovative devices.

DATES: This order is effective December 2, 2021. The classification was
applicable on March 14, 2019.

FOR FURTHER INFORMATION CONTACT: Todd Courtney, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1216, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Upon request, FDA has classified the isocapnic ventilation device
as class II (special controls), which we have determined will provide a
reasonable assurance of safety and effectiveness. In addition, we
believe this action will enhance patients' access to beneficial
innovation, by placing the device into a lower device class than the
automatic class III assignment.
    The automatic assignment of class III occurs by operation of law
and without any action by FDA, regardless of the level of risk posed by
the new device. Any device that was not in commercial distribution
before May 28, 1976, is automatically classified as, and remains
within, class III and requires premarket approval unless and until FDA
takes an action to classify or reclassify the device (see 21 U.S.C.
360c(f)(1)). We refer to these devices as ``postamendments devices''
because they were not in commercial distribution prior to the date of
enactment of the Medical Device Amendments of 1976, which amended the
Federal Food, Drug, and Cosmetic Act (FD&C Act).
    FDA may take a variety of actions in appropriate circumstances to
classify or reclassify a device into class I or II. We may issue an
order finding a new device to be substantially equivalent under section
513(i) of the FD&C Act (21 U.S.C. 360c(i)) to a predicate device that
does not require premarket approval. We determine whether a new device
is substantially equivalent to a predicate device by means of the
procedures for premarket notification under section 510(k) of the FD&C
Act (21 U.S.C. 360(k)) and part 807 (21 CFR part 807).
    FDA may also classify a device through ``De Novo'' classification,
a common name for the process authorized under section 513(f)(2) of the
FD&C Act. Section 207 of the Food and Drug Administration Modernization
Act of 1997 established the first procedure for De Novo classification
(Pub. L. 105-115). Section 607 of the Food and Drug Administration
Safety and Innovation Act modified the De Novo application process by
adding a second procedure (Pub. L. 112-144). A device sponsor may
utilize either procedure for De Novo classification.
    Under the first procedure, the person submits a 510(k) for a device
that has not previously been classified. After receiving an order from
FDA classifying the device into class III under section 513(f)(1) of
the FD&C Act, the person then requests a classification under section
513(f)(2).
    Under the second procedure, rather than first submitting a 510(k)
and then a request for classification, if the person determines that
there is no legally marketed device upon which to base a determination
of substantial equivalence, that person requests a classification under
section 513(f)(2) of the FD&C Act.
    Under either procedure for De Novo classification, FDA is required
to classify the device by written order within 120 days. The
classification will be according to the criteria under section
513(a)(1) of the FD&C Act. Although the device was automatically placed
within class III, the De Novo classification is considered to be the
initial classification of the device.
    When FDA classifies a device into class I or II via the De Novo
process, the device can serve as a predicate for future devices of that
type, including for 510(k)s (see 21 U.S.C. 360c(f)(2)(B)(i)). As a
result, other device sponsors do not have to submit a De Novo request
or premarket approval application in order to market a substantially
equivalent device (see 21 U.S.C. 360c(i), defining ``substantial
equivalence''). Instead, sponsors can use the less-burdensome 510(k)
process, when necessary, to market their device.

II. De Novo Classification

    On August 18, 2017, Thornhill Research, Inc. submitted a request
for De Novo classification of the ClearMate. FDA reviewed the request
in order to classify the device under the criteria for classification
set forth in section 513(a)(1) of the FD&C Act.
    We classify devices into class II if general controls by themselves
are insufficient to provide reasonable assurance of safety and
effectiveness, but there is sufficient information to establish special
controls that, in

combination with the general controls, provide reasonable assurance of
the safety and effectiveness of the device for its intended use (see 21
U.S.C. 360c(a)(1)(B)). After review of the information submitted in the
request, we determined that the device can be classified into class II
with the establishment of special controls. FDA has determined that
these special controls, in addition to the general controls, will
provide reasonable assurance of the safety and effectiveness of the
device.
    Therefore, on March 14, 2019, FDA issued an order to the requester
classifying the device into class II. In this final order, FDA is
codifying the classification of the device by adding 21 CFR
868.5480.\1\ We have named the generic type of device isocapnic
ventilation device, and it is identified as a prescription device used
to administer a blend of carbon dioxide and oxygen gases to a patient
to induce hyperventilation. This device may be labeled for use with
breathing circuits made of reservoir bags (21 CFR 868.5320), oxygen
cannulas (21 CFR 868.5340), masks (21 CFR 868.5550), valves (21 CFR
868.5870), resuscitation bags (21 CFR 868.5915), and/or tubing (21 CFR
868.5925).
---------------------------------------------------------------------------

    \1\ FDA notes that the ``ACTION'' caption for this final order
is styled as ``Final amendment; final order,'' rather than ``Final
order.'' Beginning in December 2019, this editorial change was made
to indicate that the document ``amends'' the Code of Federal
Regulations. The change was made in accordance with the Office of
Federal Register's (OFR) interpretations of the Federal Register Act
(44 U.S.C. chapter 15), its implementing regulations (1 CFR 5.9 and
parts 21 and 22), and the Document Drafting Handbook.
---------------------------------------------------------------------------

    FDA has identified the following risks to health associated
specifically with this type of device and the measures required to
mitigate these risks in table 1.

   Table 1--Isocapnic Ventilation Device Risks and Mitigation Measures
------------------------------------------------------------------------
            Identified risks                   Mitigation measures
------------------------------------------------------------------------
Hypocapnia (lacking CO2)...............  Nonclinical performance
                                          testing, and Labeling.
Hypercapnia (excess CO2)...............  Nonclinical performance
                                          testing, and Labeling.
Hypoxemia (lacking O2).................  Nonclinical performance
                                          testing, and Labeling.
High airway pressure (e.g., barotrauma)  Nonclinical performance
                                          testing, and Labeling.
Adverse tissue reaction................  Biocompatibility evaluation.
------------------------------------------------------------------------

    FDA has determined that special controls, in combination with the
general controls, address these risks to health and provide reasonable
assurance of safety and effectiveness. In order for a device to fall
within this classification, and thus avoid automatic classification in
class III, it would have to comply with the special controls named in
this final order. The necessary special controls appear in the
regulation codified by this order. This device is subject to premarket
notification requirements under section 510(k).
    At the time of classification, isocapnic ventilation devices are
for prescription use only. Prescription devices are exempt from the
requirement for adequate directions for use for the layperson under
section 502(f)(1) of the FD&C Act (21 U.S.C. 352(f)(1)) and 21 CFR
801.5, as long as the conditions of 21 CFR 801.109 are met.

III. Analysis of Environmental Impact

    The Agency has determined under 21 CFR 25.34(b) that this action is
of a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

IV. Paperwork Reduction Act of 1995

    This final order establishes special controls that refer to
previously approved collections of information found in other FDA
regulations and guidance. These collections of information are subject
to review by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). The collections
of information in the guidance document ``De Novo Classification
Process (Evaluation of Automatic Class III Designation)'' have been
approved under OMB control number 0910-0844; the collections of
information in 21 CFR part 814, subparts A through E, regarding
premarket approval, have been approved under OMB control number 0910-
0231; the collections of information in part 807, subpart E, regarding
premarket notification submissions, have been approved under OMB
control number 0910-0120; the collections of information in 21 CFR part
820, regarding quality system regulation, have been approved under OMB
control number 0910-0073; and the collections of information in 21 CFR
part 801, regarding labeling, have been approved under OMB control
number 0910-0485.

List of Subjects in 21 CFR Part 868

    Medical devices.
    Therefore, under the Federal Food, Drug, and Cosmetic Act, and
under authority delegated to the Commissioner of Food and Drugs, 21 CFR
part 868 is amended as follows:

PART 868--ANESTHESIOLOGY DEVICES

0
1. The authority citation for part 868 continues to read as follows:

    Authority:  21 U.S.C. 351, 360, 360c, 360e, 360j, 360l, 371.

0
2. Add Sec.  868.5480 to subpart F to read as follows:

Sec.  868.5480   Isocapnic ventilation device.

    (a) Identification. An isocapnic ventilation device is a
prescription device used to administer a blend of carbon dioxide and
oxygen gases to a patient to induce hyperventilation. This device may
be labeled for use with breathing circuits made of reservoir bags
(Sec.  868.5320), oxygen cannulas (Sec.  868.5340), masks (Sec.
868.5550), valves (Sec.  868.5870), resuscitation bags (Sec.
868.5915), and/or tubing (Sec.  868.5925).
    (b) Classification. Class II (special controls). The special
controls for this device are:
    (1) Nonclinical performance testing data must demonstrate that the
device performs as intended under anticipated conditions of use,
including the following performance characteristics:
    (i) Gas concentration accuracy testing for the range of intended
concentrations;
    (ii) Airway pressure delivery accuracy testing;
    (iii) Supplemental O2 flowrate accuracy testing;
    (iv) Alarm testing; and
    (v) Use life testing.
    (2) The patient-contacting components of the device must be
demonstrated to be biocompatible.
    (3) Labeling must include the following:
    (i) Instructions for use;
    (ii) A precaution that monitoring of capnography is necessary
during treatment with non-spontaneously breathing patients; and
    (iii) Use life specification.

    Dated: November 29, 2021.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2021-26201 Filed 12-1-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 84 (Tuesday, May 1, 2012)]
[Notices]
[Pages 25720-25721]
[FR Doc No: 2012-10466]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-P-0025]

Determination That GRIFULVIN V (Griseofulvin Microcrystalline)
Tablets, 250 Milligrams, Was Not Withdrawn From Sale for Reasons of
Safety or Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) has determined that
GRIFULVIN V (griseofulvin microcrystalline) tablets, 250 milligrams
(mg), was not withdrawn from sale for reasons of safety or
effectiveness. This determination will allow FDA to approve abbreviated
new drug applications (ANDAs) for griseofulvin microcrystalline
tablets, 250 mg, if all other legal and regulatory requirements are
met.

FOR FURTHER INFORMATION CONTACT: Nancy Hayes, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6244, Silver Spring, MD 20993-0002, 301-
796-3601.

SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price
Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417)
(the 1984 amendments), which authorized the approval of duplicate
versions of drug products under an ANDA procedure. ANDA applicants
must, with certain exceptions, show that the drug for which they are
seeking approval contains the same active ingredient in the same
strength and dosage form as the ``listed drug,'' which is a version of
the drug that was previously approved. ANDA applicants do not have to
repeat the extensive clinical testing otherwise necessary to gain
approval of a new drug application (NDA). The only clinical data
required in an ANDA are data to show that the drug that is the subject
of the ANDA is bioequivalent to the listed drug.
    The 1984 amendments include what is now section 505(j)(7) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which
requires FDA to publish a list of all approved drugs. FDA publishes
this list as part of the ``Approved Drug Products With Therapeutic
Equivalence Evaluations,'' which is known generally as the ``Orange
Book.'' Under FDA regulations, drugs are removed from the list if the
Agency withdraws or suspends approval of the drug's NDA or ANDA for
reasons of safety or effectiveness or if FDA determines that the listed
drug was withdrawn from sale for reasons of safety or effectiveness (21
CFR 314.162).
    A person may petition the Agency to determine, or the Agency may
determine on its own initiative, whether a listed drug was withdrawn
from sale for reasons of safety or effectiveness. This determination
may be made at any time after the drug has been withdrawn from sale,
but must be made prior to approving an ANDA that refers to the listed
drug (Sec.  314.161 (21 CFR 314.161)). FDA may not approve an ANDA that
does not refer to a listed drug.
    GRIFULVIN V (griseofulvin microcrystalline) tablets, 250 mg, is the
subject of ANDA 062279, held by OrthoNeutrogena, and approved on June
2, 1980. GRIFULVIN V is indicated for the treatment of certain ringworm
infections (tinea corporis, tinea pedis, tinea cruris, tinea barbae,
tinea capitis, and tinea unguium) when caused by a certain genera of
fungi.
    GRIFULVIN V (griseofulvin microcrystalline) tablets, 250 mg, is
currently listed in the ``Discontinued Drug Product List'' section of
the Orange Book.
    Arthur Y. Tsien of Olsson Frank Weeda Terman Bode Matz PC submitted
a citizen petition on behalf of a client, dated January 7, 2011 (Docket
No. FDA-2011-P-0025), under 21 CFR 10.30, requesting that the Agency
determine whether GRIFULVIN V (griseofulvin microcrystalline) tablets,
250 mg, was withdrawn from sale for reasons of safety or effectiveness.
After considering the citizen petition and reviewing Agency records,
FDA has determined under Sec.  314.161 that GRIFULVIN V (griseofulvin
microcrystalline) tablets, 250 mg, was not withdrawn for reasons of
safety or effectiveness. The petitioner has identified no data or other
information suggesting that GRIFULVIN V (griseofulvin microcrystalline)
tablets, 250 mg, was withdrawn for reasons of safety or effectiveness.
We have carefully reviewed our files for records concerning the
withdrawal of GRIFULVIN V (griseofulvin microcrystalline) tablets, 250
mg, from sale. We have also independently reviewed relevant literature
and data for possible postmarketing adverse event reports. We have
found no information that would indicate that this product was
withdrawn from sale for reasons of safety or effectiveness.
    Accordingly, the Agency will continue to list GRIFULVIN V
(griseofulvin microcrystalline) tablets, 250 mg, in the ``Discontinued
Drug Product List'' section of the Orange Book. The ``Discontinued Drug
Product List'' delineates, among other items, drug products that have
been discontinued from marketing for reasons other than safety or
effectiveness. ANDAs that refer to GRIFULVIN V (griseofulvin
microcrystalline) tablets, 250 mg, may be approved by the Agency as
long as they meet all other legal and regulatory requirements for the
approval of ANDAs. If FDA determines that labeling for this drug
product should be revised to meet current standards, the Agency will
advise ANDA applicants to submit such labeling.

    Dated: April 26, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-10466 Filed 4-30-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Rules and Regulations]
[Pages 71283-71287]
[FR Doc No: 2023-22856]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1998; Project Identifier MCAI-2023-01045-R;
Amendment 39-22572; AD 2023-20-51]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, AS332L2, and
SA330J helicopters. This AD was prompted by a report of three newly
supplied main rotor swashplate bushing retaining plates with oversized
internal diameters. This AD requires accomplishing a one-time
inspection to measure the internal diameter of affected bushing
retaining plates and depending on the results, accomplishing an
additional inspection, replacing non-conforming bushing retaining
plates, or accomplishing additional corrective action, as specified in
a European Union Aviation Safety Agency (EASA) AD, which is
incorporated by reference. The FAA previously sent this AD as an
emergency AD to all known U.S. owners and operators of these
helicopters. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective October 31, 2023. Emergency AD 2023-20-51,
issued on October 2, 2023, which contained the requirements of this
amendment, was effective with actual notice.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 31,
2023.
    The FAA must receive comments on this AD by November 30, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1998; 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, any comments received, and other
information. The address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material identified in this final rule, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet easa.europa.eu. You may
find the EASA material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2023-1998.
    Other Related Service Information: For Airbus Helicopters service
information identified in this final rule, contact Airbus Helicopters,
2701 North Forum Drive, Grand Prairie, TX 75052; phone<PHONE_NUMBER>
or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at airbus.com/en/products-services/helicopters/hcare-services/airbusworld. You may also view this
service information at the FAA contact information under Material
Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Dan McCully, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone (404)
474-5548; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-1998; Project Identifier MCAI-
2023-01045-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.

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 Dan
McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives that is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    The FAA issued Emergency AD 2023-20-51, dated October 2, 2023 (the
emergency AD), to address an unsafe condition on Airbus Helicopters
Model AS332C, AS332C1, AS332L, AS332L1, AS332L2, and SA330J
helicopters. The FAA sent the emergency AD to all known U.S. owners and
operators of these helicopters. The emergency AD requires accomplishing
a one-time inspection to measure the internal diameter of affected
bushing retaining plates and depending on the results, inspecting the
scissor attachment ball joint seating or replacing non-conforming
bushing retaining plates. Depending on the results of the scissor
attachment ball joint seating inspection, the emergency AD requires
accomplishing repair in accordance with a method approved by the FAA,
EASA, or Airbus Helicopters' EASA Design Organization Approval (DOA).
Lastly, the emergency AD prohibits installing an affected bushing
retaining plate unless it has passed its required inspection.
    The emergency AD was prompted by EASA Emergency AD 2023-0174-E,
dated October 2, 2023 (EASA AD 2023-0174-E), issued by EASA, which is
the Technical Agent for the Member States of the European Union, to
correct an unsafe condition on Airbus Helicopters Model SA 330 J, AS
332 C, AS 332 C1, AS 332 L, AS 332 L1, and AS 332 L2 helicopters. EASA
AD 2023-0174-E states that during an overhaul of a main rotor assembly,
three newly supplied main rotor swashplate retaining bushes were
identified as out of tolerance with a diameter of 39 mm (1.535 in.)
instead of 31 mm (1.22 in.). EASA AD 2023-0174-E also states that
affected retaining bushes may be installed on main rotor rotating and
non-rotating swashplates.
    You may examine EASA AD 2023-0174-E in the AD docket at
regulations.gov under Docket No. FAA-2023-1998.
    The FAA is issuing this AD to detect out of tolerance main rotor
swashplate bushing retaining plates. This condition, if not addressed,
could result in damage to the main rotor assembly and subsequent loss
of control of the helicopter.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0174-E, which requires a one-time
inspection to measure the internal diameter of affected retaining
bushes and depending on the results, inspecting the scissor attachment
ball joint seating or replacing non-

conforming retaining bushes. Depending on the results of the scissor
attachment ball joint seating inspection, EASA AD 2023-0174-E requires
contacting AH [Airbus Helicopters] for approved repair instructions and
accomplishing those instructions accordingly. Lastly, EASA AD 2023-
0174-E prohibits installing an affected retaining bush unless it has
passed its required inspection. Additionally, EASA AD 2023-0174-E
refers to a ``bushing retaining plate'' as a ``retaining bush.''
    This material 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.

Other Related Service Information

    The FAA also reviewed Airbus Helicopters Emergency Alert Service
Bulletins AS332-62-00-0001 and SA330-65-00-0003, each Revision 1 and
dated September 29, 2023. This service information specifies procedures
for measuring the internal diameter of the bush retainings on the
rotating and non-rotating swashplates and, if at least one internal
diameter of the three bush retainings is more than 33 mm (1.3 in.),
contacting Airbus Helicopters, removing and discarding each out of
tolerance bush retaining, and checking the ball joint seating on the
support. If the ball joint is not properly seated on the support, this
service information specifies contacting Airbus Helicopters to get a
repair solution. Lastly, this service information specifies procedures
for installing new bush retainings. Additionally, Airbus Helicopters
refers to a ``bushing retaining plate'' as either a ``bush retaining,''
``stop ring,'' ``retaining bush,'' or ``locking ring'' in its service
information.

FAA's Determination

    These helicopters have been approved by the aviation authority of
the European Union and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the European Union,
EASA, its technical representative, has notified the FAA of the unsafe
condition described in its emergency AD. The FAA is issuing this AD
after evaluating all pertinent information and determining that the
unsafe condition exists and is likely to exist or develop on other
helicopters of these same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2023-0174-E, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD and except as discussed under ``Differences Between this AD and
the EASA Emergency AD.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2023-0174-E is incorporated by reference in this FAA final
rule. This AD, therefore, requires compliance with EASA AD 2023-0174-E
in its entirety through that incorporation, except for any differences
identified as exceptions in the regulatory text of this AD. Using
common terms that are the same as the heading of a particular section
in EASA AD 2023-0174-E does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in EASA AD 2023-0174-E. Service information
referenced in EASA AD 2023-0174-E for compliance will be available at
regulations.gov under Docket No. FAA-2023-1998 after this final rule is
published.

Differences Between This AD and the EASA Emergency AD

    The service information referenced in EASA AD 2023-0174-E specifies
contacting Airbus Helicopters to get a repair solution and EASA AD
2023-0174-E requires contacting AH [Airbus Helicopters] for approved
repair instructions and accomplishing those instructions accordingly if
a scissor attachment ball joint is not properly seated, whereas this AD
requires repair done in accordance with a method approved by the FAA,
EASA, or Airbus Helicopters' EASA DOA.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that required the immediate adoption of
Emergency AD 2023-20-51, issued on October 2, 2023, to all known U.S.
owners and operators of these helicopters. The FAA found that the risk
to the flying public justified waiving notice and comment prior to
adoption of this rule because the affected components are part of an
assembly that is critical to the control of a helicopter. As the FAA
has no information pertaining to the quantity of non-conforming
components that may currently exist in the U.S. fleet or how quickly
the condition may propagate to failure, the actions required by this AD
must be accomplished within two days. These conditions still exist,
therefore, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Regulatory Flexibility Act

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

Costs of Compliance

    The FAA estimates that this AD affects 14 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
    Inspecting the bushing retaining plates takes about 0.5 work-hour
for an estimated cost of $43 per helicopter and up to $602 for the U.S.
fleet. If required, replacing a non-conforming bushing retaining plate
takes about 6 work-hours and parts cost about $600 for an estimated
cost of $1,110 per replacement.
    If required, inspecting the scissor attachment ball joint seating
takes about 3 work-hours and costs about $255 per helicopter. The
corrective action that may be needed as a result of that

inspection could vary significantly from helicopter to helicopter. The
FAA has no data to determine the costs to accomplish the corrective
action or the number of helicopters that may require corrective action.

Authority for This Rulemaking

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

Regulatory Findings

    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, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

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:

2023-20-51 Airbus Helicopters: Amendment 39-22572; Docket No. FAA-
2023-1998; Project Identifier MCAI-2023-01045-R.

(a) Effective Date

    The FAA issued Emergency Airworthiness Directive (AD) 2023-20-51
on October 2, 2023, directly to affected owners and operators. As a
result of such actual notice, that emergency AD was effective for
those owners and operators on the date it was provided. This AD
contains the same requirements as that emergency AD and, for those
who did not receive actual notice, is effective on October 31, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model AS332C, AS332C1,
AS332L, AS332L1, AS332L2, and SA330J helicopters, certificated in
any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6230, Main Rotor
Mast/Swashplate.

(e) Unsafe Condition

    This AD was prompted by a report of three newly supplied main
rotor swashplate bushing retaining plates with oversized internal
diameters. The FAA is issuing this AD to detect out of tolerance
main rotor swashplate bushing retaining plates. The unsafe
condition, if not addressed, could result in damage to the main
rotor assembly and subsequent loss of control of the helicopter.
    Note 1 to paragraph (e): European Union Aviation Safety Agency
(EASA) Emergency AD 2023-0174-E, dated October 2, 2023 (EASA AD
2023-0174-E), refers to a ``bushing retaining plate'' as a
``retaining bush.'' The service information referenced in EASA AD
2023-0174-E refers to a ``bushing retaining plate'' as either a
``bush retaining,'' ``stop ring,'' ``retaining bush,'' or ``locking
ring.''

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0174-E.

(h) Exceptions to EASA AD 2023-0174-E

    (1) Where EASA AD 2023-0174-E refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where paragraph (1) of EASA AD 2023-0174-E states, ``before
next flight,'' for this AD, replace that text with, ``within two
calendar days.''
    (3) Where paragraph (2) of EASA AD 2023-0174-E specifies
inspecting the scissor attachment ball joint seating without a
compliance time, this AD requires that action before further flight.
    (4) Where the service information referenced in EASA AD 2023-
0174-E specifies discarding parts, this AD requires removing those
parts from service.
    (5) Where the service information referenced in EASA AD 2023-
0174-E specifies contacting Airbus Helicopters if at least one
internal diameter of the three bushing retaining plates is more than
33 mm (1.3 in), this AD does not require that action.
    (6) Where the service information referenced in EASA AD 2023-
0174-E specifies contacting Airbus Helicopters to get a repair
solution and paragraph (4) of EASA AD 2023-0174-E requires
contacting AH [Airbus Helicopters] for approved repair instructions
and accomplishing those instructions accordingly if a scissor
attachment ball joint is not properly seated, this AD requires
repair done in accordance with a method approved by the Manager,
International Validation Branch, FAA; or EASA; or Airbus
Helicopters' EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.
    (7) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0174-E.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-
0174-E specifies to submit certain information to the manufacturer,
this AD does not include that requirement.

(j) Special Flight Permit

    Special flight permits are prohibited.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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 International Validation Branch, send
it to the attention of the person identified in paragraph (l) of
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(l) Related Information

    For more information about this AD, contact Dan McCully,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone<PHONE_NUMBER>; email
[email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) Emergency AD
2023-0174-E, dated October 2, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0174-E, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet easa.europa.eu. You may find the EASA
material on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 11, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-22856 Filed 10-12-23; 4:15 pm]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71694-71695]
[FR Doc No: 2021-27290]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-135, OMB Control No. 3235-0175]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736.

Extension:
    Form N-8A

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget (``OMB'') for extension and approval.
    The Investment Company Act of 1940 (``Investment Company Act'') (15
U.S.C. 80a-1 et seq.) requires investment companies to register with
the Commission before they conduct any business in interstate commerce.
Section 8(a) of the Investment Company Act provides that an investment
company shall be deemed to be registered upon receipt by the Commission
of a notification of registration in such form as the Commission
prescribes. Form N-8A (17 CFR 274.10) is the form for notification of
registration that the Commission has adopted under section 8(a). The
purpose of such notification of registration provided on Form N-8A is
to notify the Commission of the existence of investment companies
required to be registered under the Investment Company Act and to
enable the Commission to administer the provisions of the Investment
Company Act with respect to those companies. After an investment
company has filed its notification of registration under section 8(a),
the company is then subject to the provisions of the Investment Company
Act which govern certain aspects of its organization and activities,
such as the composition of its board of directors and the issuance of
senior securities. Form N-8A requires an investment company to provide
its name, state of organization, form of organization, classification,
the name and address of each investment adviser of the investment
company, the current value of its total assets, and certain other
information readily available to the investment company. If the
investment company is filing a registration statement as required by
Section 8(b) of the Investment Company Act concurrently with its
notification of registration, Form N-8A requires only that the
registrant file the cover page (giving its name, address, and agent for
service of process) and sign the form in order to effect registration.
    Based on recent filings of notifications of registration on Form N-
8A, we estimate that about 101 investment companies file such
notifications each year. An investment company must only file a
notification of registration on Form N-8A once. The currently approved
average hour burden per investment company of preparing and filing a
notification of registration on Form N-8A is one hour. Based on the
Commission staff's experience with the requirements of Form N-8A and
with disclosure documents generally--and considering that investment
companies that are filing notifications of registration on Form N-8A
simultaneously with the registration statement under the Investment
Company Act are only required by Form N-8A to file a signed cover
page--we continue to believe that this estimate is appropriate.
Therefore, we estimate that the total annual hour burden to prepare and
file notifications of registration on Form N-8A is 101 hours. The
currently approved cost burden of Form N-8A is

$449. We are updating the estimated costs burden to $496 to account for
the effects of inflation. Therefore, we estimate that the total annual
cost burden associated with preparing and filing notifications of
registration on Form N-8A is about $50,096.
    Estimates of average burden hours and costs are made solely for the
purposes of the Paperwork Reduction Act, and are not derived from a
comprehensive or even representative survey or study of the costs of
Commission rules and forms. Compliance with the collection of
information requirements of Form N-8A is mandatory. Responses to the
collection of information will not be kept confidential. 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.
    Written comments are invited on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burden of
the collection of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, C/O John R.
Pezzullo, 100 F Street NE, Washington, DC 20549; or send an email to:
[email protected].

    Dated: December 13, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-27290 Filed 12-16-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 29 (Wednesday, February 12, 2020)]
[Notices]
[Page 7981]
[FR Doc No: 2020-02807]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-956-000]

Thunderhead Wind Energy LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced Thunderhead
Wind Energy LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is February 26, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: February 6, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-02807 Filed 2-11-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77336-77337]
[FR Doc No: 2020-26477]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0196]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Bendix Commercial Vehicle Systems LLCr

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA requests public comment on an application for exemption
from Bendix Commercial Vehicle Systems (Bendix) to allow its advanced
vehicle safety systems, which are equipped with cameras, to be mounted
lower in the windshield on commercial motor vehicles than is currently
permitted.

DATES: Comments must be received on or before December 31, 2020.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2020-0196 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2020-0196. Follow the online
instructions for submitting comments.
     Mail: Docket Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., ET, Monday through Friday, except Federal holidays. To be
sure someone is there to help you, please call<PHONE_NUMBER> or (202)
366-9826 before visiting Dockets Operations.
     Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety, MC-PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
If you have questions on viewing or submitting material to the docket,
call Dockets Operations at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA 2020-0196), indicate the specific section of this
document to which the comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so FMCSA can

contact you if there are questions regarding your submission.
    To submit your comment online, go to www.regulations.gov/#!docketDetail;D=FMCSA-2020-0196, click on the ``Comment Now!'' button
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2020-196 and choose the
document to review. If you do not have access to the internet, you may
view the docket online by visiting Dockets Operations in Room W12-140
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.

Privacy Act

    DOT solicits comments from the public to better inform its
rulemaking process, in accordance with 5 U.S.C. 553(c). DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL 14--Federal Docket Management System), which
can be reviewed at www.transportation.gov/privacy.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31315(b) to grant exemptions
from certain parts of the Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request. The Agency reviews the safety analyses and the public comments
and determines whether granting the exemption would likely achieve a
level of safety equivalent to or greater than the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)). If the Agency denies the request, it must state the reason
for doing so. If the decision is to grant the exemption, the notice
must specify the person or class of persons receiving the exemption and
the regulatory provision or provisions from which an exemption is
granted. The notice must specify the effective period of the exemption
(up to 5 years) and explain the terms and conditions of the exemption.
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).

Bendix's Application for Exemption

    The Federal Motor Carrier Safety Regulations require devices
meeting the definition of ``vehicle safety technology'' to be mounted
(1) not more than 4 inches below the upper edge of the area swept by
the windshield wipers, or (2) not more than 7 inches above the lower
edge of the area swept by the windshield wipers, and outside the
driver's sight lines to the road and highway signs and signals. Bendix
has applied for an exemption from 49 CFR 393.60(e)(1) to allow its
Bendix camera(s) with safety technologies to be mounted lower in the
windshield than is currently permitted. A copy of the exemption
application is included in the docket referenced at the beginning of
this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on Bendix's application for an
exemption from 49 CFR 393.60(e)(1). All comments received before the
close of business on the comment closing date indicated at the
beginning of this notice will be considered and will be available for
examination in the docket at the location listed under the ADDRESSES
section of this notice. Comments received after the comment closing
date will be filed in the public docket and will be considered to the
extent practicable. In addition to late comments, FMCSA will also
continue to file, in the public docket, relevant information that
becomes available after the comment closing date. Interested persons
should continue to examine the public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-26477 Filed 11-30-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: October 11, 2007 (Volume 72, Number 196)]
[Notices]
[Page 57980-57982]
[DOCID:fr11oc07-103]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56611; File No. SR-CHX-2007-19]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Relating
to a New Book Feed Product

October 4, 2007.
    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 September 27, 2007, the Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been substantially prepared by the CHX.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

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

    Through this filing, the Exchange proposes to distribute a new Book
Feed product and to amend its Fee Schedule to confirm that it will not
charge a fee for the distribution of this product. The text of this
proposed rule change is available on the Exchange's Web site at http://www.chx.com/rules/proposed_rules.htm
, at the CHX's Office of the

Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Through this filing, the Exchange proposes to distribute a new Book
Feed product and to amend its Fee Schedule to confirm that it will not
charge a fee for the distribution of this product.\3\ This product
currently is slated to be available on or before October 31, 2007.
---------------------------------------------------------------------------

    \3\ The Exchange does not currently plan to charge a fee for the
distribution of this data, but may choose to do so in the future.
Any decision to charge a fee for the Book Feed data would be
reflected in a filing submitted to the Commission as required by
Rule 19b-4 of the Act.
---------------------------------------------------------------------------

    Through the Book Feed, the Exchange would disseminate a real-time
stream of data that includes, among other things, all visible orders
submitted to the Exchange's Matching System, as well as any changes to
those orders.\4\ The Book Feed would also contain information about
trades that occur on the Exchange. This data would be available to any
person or entity, either through a direct feed from the Exchange or
through a company or vendor that provides the data to others.\5\ The
Book Feed would include basic information about each order, including
the size and price of the order; whether it was an order to buy or
sell; its time of receipt; and the identity of the participant firm
that submitted the order.\6\
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    \4\ Undisplayed orders and the undisplayed portions of reserve
size orders would not be disseminated through the Book Feed;
however, any odd lot orders (which are not expressly identified as
``undisplayed'') would be disseminated through the Book Feed.
    \5\ Each person or entity that requests the data directly from
the Exchange would be required to sign an appropriate agreement with
the Exchange; if the recipient of the data (the ``vendor'')
disseminates the data to another person or entity (the
``subscriber''), the subscriber would be required to sign a
subscriber agreement with the vendor. Each of these agreements would
contain provisions substantially similar to those used by the
securities information processors for the distribution of market
data.
    \6\ A participant firm could choose, either on a firm-wide or
order-by-order basis, to have its identity kept confidential in the
order information that is distributed in the Book Feed. The Exchange
plans to have the ability to remove a participant firm's identity on
the data, at the firm's request, on or before October 31, 2007;
alternatively, beginning on or about November 15, 2007, the firm
could append a special indicator to the order confirming its choice
to remain anonymous in the Book Feed.
---------------------------------------------------------------------------

    The Exchange believes that, by making this Book Feed available, it
would enhance market transparency and foster competition among
markets.\7\ Other self-regulatory organizations currently distribute
similar data feeds.\8\
---------------------------------------------------------------------------

    \7\ Within the Exchange's systems, the data that would be
disseminated as part of the Book Feed would leave the Matching
System immediately following the best bids, offers and last sales
that are being sent to the securities information processors
(``SIPs''). The Exchange would not use any technology that is
designed to make the Book Feed data available from the Matching
System earlier than the best bids, offers and last sales are
available to the SIPs.
    \8\ See filings relating to the New York Stock Exchange's
OpenBook service (including Securities Exchange Act Release Nos.
44138 (December 7, 2001), 66 FR 64895 (December 14, 2001) and 53585
(March 31, 2006), 71 FR 17934 (April 7, 2006)); NYSE Arca's ArcaBook
data, Securities Exchange Act Release No. 54597 (October 12, 2006),
71 FR 62029 (October 20, 2006) (confirming that the ArcaBook data
currently is disseminated without charge); and the Philadelphia
Stock Exchange's data display in its new XLE system, Securities
Exchange Act Release No. 54538 (September 28, 2006), 71 FR 59184
(October 6, 2006).
---------------------------------------------------------------------------

2. Statutory Basis
    The CHX believes the proposal is consistent with the requirements
of the Act and the rules and regulations thereunder that are applicable
to a national securities exchange, and, in particular, with the
requirements of section 6(b).\9\ The proposed rule change is consistent
with section 6(b)(4) of the Act in that it provides for the equitable
allocation of reasonable dues, fees and other charges among its
members. The proposed rule change is consistent with section 6(b)(5) of
the Act because it would promote just and equitable principles of
trade, remove impediments to, and perfect the mechanism of, a free and
open market and a national market system, and, in general, protect
investors and the public interest by allowing the Exchange distribute a
Book Feed much like those already distributed by other markets.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78(f)(b).
---------------------------------------------------------------------------

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

    CHX does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Because the foregoing rule does not (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, provided that the Exchange has given the
Commission written notice of its intent to file the proposed rule
change at least five business days prior to the date of filing of the
proposed rule change or such shorter time as designated by the
Commission,\10\ the proposed rule change has become effective pursuant
to section 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6)
thereunder.\12\
---------------------------------------------------------------------------

    \10\ The Exchange has fulfilled this requirement.
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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-CHX-2007-19 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-CHX-2007-19. 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 the CHX. 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-CHX-2007-19 and should be
submitted on or before November 1, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E7-20024 Filed 10-10-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: May 7, 2009 (Volume 74, Number 87)]
[Rules and Regulations]
[Page 21271-21272]
[DOCID:fr07my09-11]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1048]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Mitigation Assistant
Administrator of FEMA reconsider the changes. The modified BFEs may be
changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: William R. Blanton Jr., Engineering
Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own, or pursuant to policies established by the
other Federal, State, or regional entities. The changes in BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Date and name of
         State and county            Location and case      newspaper where     Chief executive officer          Effective date of         Community No.
                                            No.          notice was published         of community                 modification
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona: Yavapai.................  City of Cottonwood    March 13, 2009;       The Honorable Diane        July 20, 2009.................          040096
                                    (08-09-1293P).        March 20, 2009;       Joens, Mayor, City of
                                                          Prescott Daily        Cottonwood, 827 North
                                                          Courier.              Main Street, Cottonwood,
                                                                                AZ 86326.
Colorado:
    Boulder......................  City of Longmont (08- March 12, 2009;       The Honorable Roger        July 17, 2009.................          080027
                                    08-0011P).            March 19, 2009;       Lange, Mayor, City of
                                                          Longmont Times-Call.  Longmont, 350 Kimbark
                                                                                Street, Longmont, CO
                                                                                80501.
    El Paso......................  Unincorporated areas  March 18, 2009;       The Honorable Dennis       July 23, 2009.................          080059
                                    of El Paso County     March 25, 2009; El    Hisey, Chairman, El Paso
                                    (08-08-0541P).        Paso County           County, Board of
                                                          Advertiser.           Commissioners, 27 East
                                                                                Vermijo Avenue, Colorado
                                                                                Springs, CO 80903-2208.
    Jefferson....................  City of Westminster   March 12, 2009;       The Honorable Nancy        July 17, 2009.................          080008
                                    (09-08-0055P).        March 19, 2009;       McNally, Mayor, City of
                                                          Westminster Window.   Westminster, 4800 West
                                                                                92nd Avenue,
                                                                                Westminster, CO 80031.

    Teller.......................  Unincorporated areas  March 11, 2009;       The Honorable James        July 16, 2009.................          080173
                                    of Teller County      March 18, 2009;       Ignatius, Chairman,
                                    (08-08-0921P).        Pikes Peak Courier    Teller County, Board of
                                                          View.                 Commissioners, 112 North
                                                                                A Street, Cripple Creek,
                                                                                CO 80813.
    Teller.......................  Town of Woodland      March 11, 2009;       The Honorable Steve        July 16, 2009.................          080175
                                    Park (08-08-0921P).   March 18, 2009;       Randolph, Mayor, City of
                                                          Pikes Peak Courier    Woodland Park, 220 West
                                                          View.                 South Avenue, Woodland
                                                                                Park, CO 80866.
Georgia:
    Barrow.......................  Unincorporated areas  March 25, 2009;       The Honorable Daniel       July 30, 2009.................          130497
                                    of Barrow County      April 1, 2009;        Yearwood Jr., Chairman,
                                    (07-04-5359P).        Barrow County News.   Barrow County, Board of
                                                                                Commissioners, 233 East
                                                                                Broad Street, Winder, GA
                                                                                30680.
    Columbia.....................  Unincorporated areas  March 15, 2009;       The Honorable Ron C.       July 20, 2009.................          130059
                                    of Columbia County    March 22, 2009;       Cross, Chairman,
                                    (08-04-3574P).        Columbia County       Columbia County, Board
                                                          News-Times.           of Commissioners, P.O.
                                                                                Box 498, Evans, GA 30809.
Hawaii: Hawaii...................  Unincorporated areas  March 12, 2009;       The Honorable William P.   July 17, 2009.................          155166
                                    of Hawaii County      March 19, 2009;       Kenoi, Mayor, Hawaii
                                    (08-09-1568P).        Hawaii Tribune-       County, 25 Aupuni
                                                          Herald.               Street, Hilo, HI 96720.
Illinois: McHenry................  Village of Algonquin  March 20, 2009;       The Honorable John         July 27, 2009.................          170474
                                    (08-05-3751P).        March 27, 2009;       Schmitt, President,
                                                          Northwest Herald.     Village of Algonquin,
                                                                                2200 Harnish Drive,
                                                                                Algonquin, IL 60102.
Missouri: St. Charles............  City of St. Peters    March 13, 2009;       The Honorable Len Pagano,  July 20, 2009.................          290319
                                    (08-07-1439P).        March 20, 2009; St.   Mayor, City of St.
                                                          Louis Post Dispatch.  Peters, One St. Peters
                                                                                Centre Boulevard, St.
                                                                                Peters, MO 63376.
Ohio: Lorain.....................  City of Avon Lake     March 12, 2009;       The Honorable Karl J.      February 27, 2009.............          390602
                                    (08-05-5004P).        March 19, 2009;       Zuber, Mayor, City of
                                                          Morning Journal.      Avon Lake, 150 Avon
                                                                                Belden Road, Avon Lake,
                                                                                OH 44012.
Oregon: Lane.....................  Unincorporated areas  March 20, 2009;       The Honorable Faye         July 27, 2009.................          415591
                                    of Lane County (08-   March 27, 2009; The   Stewart II, Chairman,
                                    10-0649P).            Register-Guard.       Lane County, Board of
                                                                                Commissioners, Lane
                                                                                County Public Service
                                                                                Building, 125 East
                                                                                Eighth Street, Eugene,
                                                                                OR 97401.
South Carolina:
    Jasper.......................  Town of Hardeeville   February 4, 2009;     The Honorable A. Brooks    June 11, 2009.................          450113
                                    (07-04-6247P).        February 11, 2009;    Willis, Mayor, Town of
                                                          Jasper County Sun.    Hardeeville, 205 East
                                                                                Main Street,
                                                                                Hardeeville, SC 29927.
    Jasper.......................  Unincorporated areas  February 4, 2009;     The Honorable George       June 11, 2009.................          450112
                                    of Jasper County      February 11, 2009;    Hood, Chairman, Jasper
                                    (07-04-6247P).        Jasper County Sun.    County Council, P.O. Box
                                                                                1149, Ridgeland, SC
                                                                                29936.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: April 30, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-10635 Filed 5-6-09; 8:45 am]

BILLING CODE 9110-12-P