[Federal Register Volume 78, Number 31 (Thursday, February 14, 2013)]
[Notices]
[Pages 10670-10671]
[FR Doc No: 2013-03411]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68891; File No. SR-NASDAQ-2013-028]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change for the Permanent Approval of
a Pilot Program To Permit Inbound Orders Routed by Nasdaq Execution
Services LLC From the NASDAQ OMX BX Equities Market and NASDAQ OMX PSX

February 8, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on February 6, 2013, The NASDAQ Stock Market LLC
(``Exchange'' or ``Nasdaq'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes a rule change for the permanent approval of
its pilot program to permit inbound orders routed by Nasdaq Execution
Services LLC (``NES'') from the NASDAQ OMX BX Equities Market of NASDAQ
OMX BX, Inc. (``BX'') and the NASDAQ OMX PSX facility of NASDAQ OMX
PHLX LLC (``PHLX'').

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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    In conjunction with BX and PHLX providing outbound routing services
to all markets using their affiliated routing broker, NES,\4\ NASDAQ
proposed that NES be permitted to route orders from BX and PHLX,
respectively, to the Exchange on a pilot basis, subject to certain
conditions and limitations, as described below.\5\ The current pilot
program expires March 30, 2013.\6\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release Nos. 65470 (October 3,
2011), 76 FR 62489 (October 7, 2011) (SR-BX-2011-048); and 65469
(October 3, 2011), 76 FR 62486 (October 7, 2011) (SR-Phlx-2011-108).
    \5\ See Securities Exchange Act Release No. 65554 (October 13,
2011), 76 FR 65311 (October 20, 2011) (SR-NASDAQ-2011-142).
    \6\ See Securities Exchange Act Release No. 67997 (October 5,
2012), 77 FR 62293 (October 12, 2012) (SR-NASDAQ-2012-112).
---------------------------------------------------------------------------

    NES is a broker-dealer and member of NASDAQ, PHLX and BX. NES
provides all routing functions for NASDAQ, BX and PHLX. BX, NASDAQ,
PHLX and NES are affiliates. Accordingly, the affiliate relationship
between NASDAQ and NES, its member, raises the issue of an exchange's
affiliation with a member of such exchange. Specifically, in connection
with prior filings, the Commission has expressed concern that the
affiliation of an exchange with one of its members raises the potential
for unfair competitive advantage and potential conflicts of interest
between an exchange's self-regulatory obligations and its commercial
interests.\7\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release Nos. 59153 (December 23,
2008), 73 FR 80485 (December 31, 2008) (SR-NASDAQ-2008-098); and
62736 (August 17, 2010), 75 FR 51861 (August 23, 2010) (SR-NASDAQ-
2010-100).
---------------------------------------------------------------------------

    Recognizing that the Commission has previously expressed concern
regarding the potential for conflicts of interest in instances where a
member firm is affiliated with an exchange of which it is a member, the
Exchange previously proposed, and the Commission approved, limitations
and conditions on NES's affiliation with the Exchange.\8\ The Exchange
now proposes to permit NASDAQ to accept inbound orders that NES routes
in its capacity as a facility of BX and PHLX on a permanent basis,
subject to the imitations [sic] and conditions of this pilot:
---------------------------------------------------------------------------

    \8\ Id.
---------------------------------------------------------------------------

     First, the Exchange and FINRA maintain a Regulatory
Contract, as well as an agreement pursuant to Rule 17d-2 under the Act
(``17d-2 Agreement'').\9\ Pursuant to the Regulatory Contract and the
17d-2 Agreement, FINRA is allocated regulatory responsibilities to
review NES's compliance with certain Exchange rules.\10\ Pursuant to
the Regulatory Contract, however, NASDAQ retains ultimate
responsibility for enforcing its rules with respect to NES.
---------------------------------------------------------------------------

    \9\ 17 CFR 240.17d-2.
    \10\ NES is also subject to independent oversight by FINRA, its
designated examining authority, for compliance with financial
responsibility requirements.
---------------------------------------------------------------------------

     Second, FINRA monitors NES for compliance with the
Exchange's trading rules, and collects and maintains certain related
information.\11\
---------------------------------------------------------------------------

    \11\ Pursuant to the Regulatory Contract, both FINRA and the
Exchange collect and maintain all alerts, complaints, investigations
and enforcement actions in which NES (in its capacity as a facility
of BX and PHLX routing orders to NASDAQ) is identified as a
participant that has potentially violated applicable Commission or
Exchange rules. The Exchange and FINRA retain these records in an
easily accessible manner in order to facilitate any potential review
conducted by the Commission's Office of Compliance Inspections and
Examinations.
---------------------------------------------------------------------------

     Third, FINRA provides a report to the Exchange's chief
regulatory officer (``CRO''), on a quarterly basis, that: (i)
Quantifies all alerts (of which FINRA is aware) that identify NES as a
participant that has potentially violated Commission or Exchange rules,
and (ii) lists all investigations that identify NES as a participant
that has potentially violated Commission or Exchange rules.

     Fourth, the Exchange has in place NASDAQ Rule 2160(c),
which requires The NASDAQ OMX Group, Inc., as the holding company
owning both the Exchange and NES, to establish and maintain procedures
and internal controls reasonably designed to ensure that NES does not
develop or implement changes to its system, based on non-public
information obtained regarding planned changes to the Exchange's
systems as a result of its affiliation with the Exchange, until such
information is available generally to similarly situated Exchange
members, in connection with the provision of inbound order routing to
the Exchange.
    The Exchange has met all the above-listed conditions. By meeting
the above conditions, the Exchange has set up mechanisms that protect
the independence of the Exchange's regulatory responsibility with
respect to NES, as well as demonstrate that NES cannot use any
information advantage it may have because of its affiliation with the
Exchange. Because the Exchange has met all the above-listed conditions,
it now seeks permanent approval of this inbound routing relationship.
The Exchange will continue to comply with the conditions 1-4 stated
above.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\12\ in general, and with
Sections 6(b)(5) of the Act,\13\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest, because the
proposed rule change will allow the Exchange to continue to receive
inbound orders from NES, acting in its capacity as a facility of BX and
PHLX, in a manner consistent with prior approvals and established
protections. The Exchange believes that these conditions establish
mechanisms that protect the independence of the Exchange's regulatory
responsibility with respect to NES, as well as ensure that NES cannot
use any information it may have because of its affiliation with the
Exchange to its advantage.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Permanent approval of the current pilot program does not raise any
issues of intramarket competition because it involves inbound routing
from an affiliated exchange. Nor does it result in a burden on
competition among exchanges, because there are many competing exchanges
that provide routing services, including through an affiliate.

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

    Written comments were neither solicited nor received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission shall: (a) By order approve
or disapprove such proposed rule change, or (b) institute proceedings
to determine whether the proposed rule change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2013-028 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-NASDAQ-2013-028. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, on business days
between the hours of 10 a.m. and 3 p.m., located at 100 F Street NE.,
Washington, DC 20549-1090. Copies of the filing will also be available
for inspection and copying at the principal office of the Exchange. 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-NASDAQ-2013-028 and should
be submitted on or before March 7, 2013.
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-03411 Filed 2-13-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Rules and Regulations]
[Pages 27480-27483]
[FR Doc No: 2014-09953]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0869; Directorate Identifier 2013-NM-063-AD;
Amendment 39-17845; AD 2014-09-10]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 767 airplanes. This AD was prompted by reports
of bearing damage at certain trailing edge (TE) flap support rib
assemblies. This AD requires inspecting certain TE flap support rib
assemblies to determine if the bearings have a roller retention
feature, and performing corrective actions if necessary; and inspecting
for bearing damage of each pair of removed bearings, and performing
related investigative and corrective actions if necessary. We are
issuing this AD to detect and correct damage to the TE flap support
bearings, which could ultimately result in loss of controllability of
the airplane.

DATES: This AD is effective June 18, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 18,
2014.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

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-2013-
0869; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, 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: Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6577; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
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 The Boeing Company
Model 767 airplanes. The NPRM published in the Federal Register on
November 7, 2013 (78 FR 66859). The NPRM was prompted by reports of
bearing damage at certain TE flap support rib assemblies. The NPRM
proposed to require inspecting certain TE flap support rib assemblies
to determine if the bearings have a roller retention feature, and
performing corrective actions if necessary; and inspecting for bearing
damage of each pair of removed bearings, and performing related
investigative and corrective actions if necessary. We are issuing this
AD to detect and correct damage to the TE flap support bearings, which
can result in damage to the TE rotary actuators and consequent dual
flap drive system disconnect in both TE flap rotary actuators, and a
possible flap aerodynamic blowback with loss of controllability of the
airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(78 FR 66859, November 7, 2013) and the FAA's response to each comment.

Support for the NPRM (78 FR 66859, November 7, 2013)

    Boeing stated that it concurs with the contents of the NPRM (78 FR
66859, November 7, 2013).

Statement Regarding the NPRM (78 FR 66859, November 7, 2013)

    United Airlines stated that it has reviewed the NPRM (78 FR 66859,
November 7, 2013), and has no comment to submit.

Statement Regarding the Installation of Winglets

    Aviation Partners Boeing (APB) stated that the installation of
winglets per APB Supplemental Type Certificate (STC) ST01920SE (http://
rgl.faa.gov/Regulatory--and--Guidance--Library/rgstc.nsf/0/
59027f43b9a7486e86257b1d006591ee/$FILE/ST01920SE.pdf) does not affect
the accomplishment of the manufacturer's service instructions.
    We agree with APB's statement that the installation of winglets as
specified in APB STC ST01219SE (http://rgl.faa.gov/Regulatory--and--
Guidance--Library/rgstc.nsf/0/59027f43b9a7486e86257b1d006591ee/$FILE/
ST01920SE.pdf) does not affect accomplishment of the requirements of
this AD. Therefore, for airplanes on which APB STC ST01920SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of section 39.17 of the Federal Aviation Regulations (14
CFR 39.17). We have redesignated paragraph (c) as paragraph (c)(1) of
this final rule, and added paragraph (c)(2) to this final rule to state
that installation of STC ST01219SE does not affect the ability to
accomplish the actions required by this final rule.

Request for Clarification of Trailing Edge Flap Support Re-
Identification

    ANA requested that we clarify whether the re-identification of the
trailing edge flap support, as described in Part 3 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
27A0227, dated February 12, 2013, for Groups 1 and 3, Configuration 1,
airplanes, would be required by the NPRM (78 FR 66859, November 7,
2013).
    We agree to clarify. This final rule does require part re-
identification for Groups 1 and 3, Configuration 1 airplanes, as
identified in Part 3 of the Accomplishment Instructions of Boeing Alert
Service Bulletin 767-27A0227, dated February 12, 2013. This part re-
identification is for parts configuration control purposes. We have not
changed this final rule in this regard.

Request for Credit for Previous Actions

    All Nippon Airways (ANA) requested that we provide credit for the
actions specified in paragraphs (g) and (h) of the NPRM (78 FR 66859,
November 7, 2013), if, before the effective date of the AD, airplane
records were used to verify and determine that the bearings have a
roller retention feature installed using Boeing Alert Service Bulletin
767-27A0222, dated June 24, 2010.
    We partially agree with the commenter's request. Verifying through
airplane records and determining that the bearings have a roller
retention feature meets the intent of this final rule. Therefore, we
have revised paragraph (g) of this final rule to allow for a review of
airplane maintenance records in lieu of the roller retention feature
inspection if it can be conclusively determined from that review that
each affected bearing has a roller retention feature.
    However, paragraph (j) of this final rule already provides credit
for the actions specified in paragraphs (g) and (h) of this final rule,
if those actions were performed before the effective date of this final
rule using Boeing Alert Service Bulletin 767-27A0222, dated June 24,
2010. Therefore, no further change to this final rule is necessary in
this regard.

Additional Change Made to This Final Rule

    We have revised the heading for paragraph (j) of this final rule.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described and minor editorial changes. We have
determined that these minor changes:
     [Agr]re consistent with the intent that was proposed in
the NPRM (78 FR 66859, November 7, 2013) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already

proposed in the NPRM (78 FR 66859, November 7, 2013).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 45 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                  Labor cost         Parts cost     Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  Up to 40                        $0   Up to $3,400......  Up to $153,000.
                                  work[dash]hours x
                                  $85 per hour = Up
                                  to $3,400.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                      Labor cost              Parts cost              Cost per product
----------------------------------------------------------------------------------------------------------------
Bearing replacement and functional   Up to 24 work-hours x   Up to $5,936..........  Up to $7,976.
 test.                                $85 per hour = Up to
                                      $2,040.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of 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.

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):

2014-09-10 The Boeing Company: Amendment 39-17845; Docket No. FAA-
2013-0869; Directorate Identifier 2013-NM-063-AD.

(a) Effective Date

    This AD is effective June 18, 2014.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category, as
identified in Boeing Alert Service Bulletin 767-27A0227, dated
February 12, 2013.
    (2) Installation of Aviation Partners Boeing (APB) Supplemental
Type Certificate (STC) ST01920SE (http://rgl.faa.gov/Regulatory--
and--Guidance--Library/rgstc.nsf/0/59027f43b9a7486e86257b1d006591ee/
$FILE/ST01920SE.pdf) does not affect the ability to accomplish the
actions required by this AD. Therefore, for airplanes on which APB
STC ST01920SE is installed, a ``change in product'' alternative
method of compliance (AMOC) approval request is not necessary to
comply with the requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Unsafe Condition

    This AD was prompted by reports of bearing damage at certain
trailing edge (TE) flap support rib assemblies. We are issuing this
AD to detect and correct damage to the TE flap support bearings,
which could result in damage to the TE rotary actuators and
consequent dual flap drive system disconnect in both TE flap rotary
actuators, and a possible flap aerodynamic blowback with loss of
controllability of the airplane.

(f) Compliance

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

(g) Inspection of Bearings To Determine Roller Retention Feature, and
Corrective Actions

    Except as provided by paragraph (i) of this AD, at the
applicable time specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 767-27A0227, dated February 12, 2013:
Do a general visual inspection of both bearings at the TE flap
support rib assembly in flap positions 1, 2, 7, and 8 to determine
if the bearings have a roller retention feature; and do all
applicable corrective actions; in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 767-27A0227, dated
February 12, 2013. Do all applicable corrective actions before
further flight. A review of airplane maintenance records is
acceptable in lieu of this inspection if the roller retention
feature of each affected bearing can be conclusively determined from
that review.

(h) Inspection of Bearings for Damage, Related Investigative Actions,
and Corrective Actions

    For each pair of bearings removed as required by paragraph (g)
of this AD: At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 767-27A0227, dated
February 12, 2013, do a general visual inspection for damage of the
bearings, and do all applicable related investigative and corrective
actions, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 767-27A0227, dated February 12, 2013.
Do all applicable related investigative and corrective actions
before further flight.

(i) Exception to Compliance Time

    Where paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 767-27A0227, dated February 12, 2013, specifies a
compliance time ``after the original issue date of this service
bulletin,'' this AD requires compliance within the specified
compliance time ``after the effective date of this AD.''

(j) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Boeing Alert Service
Bulletin 767-27A0222, dated June 24, 2010, which is not incorporated
by reference in this AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 ACO, send it to the
attention of the person identified in paragraph (l)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(l) Related Information

    (1) For more information about this AD, contact Berhane Alazar,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference may be viewed at the addresses specified
in paragraphs (m)(3) and (m)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 767-27A0227, dated February
12, 2013.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (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 Renton, Washington, on April 24, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-09953 Filed 5-13-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Notices]
[Page 52377]
[FR Doc No: 2011-21480]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

 Consolidated Energy, Inc., Diamond Home Services, Inc., Goran
Capital Inc., Kingsley Coach, Inc. (The), Knockout Holdings, Inc., and
Kuhlman Co., Inc.; Order of Suspension of Trading

August 18, 2011.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Consolidated Energy, Inc. because it has not filed any periodic reports
since the period ended September 30, 2006.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Diamond Home Services, Inc. because it has not filed any periodic
reports since the period ended September 30, 1999.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Goran Capital Inc. because it has not filed any periodic reports since
the period ended March 31, 2003.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Kingsley Coach, Inc. (The) because it has not filed any periodic
reports since the period ended March 31, 2006.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Knockout Holdings, Inc. because it has not filed any periodic reports
since the period ended June 30, 2006.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Kuhlman Co., Inc. because it has not filed any periodic reports since
the period ended October 28, 2006.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EDT on August 18, 2011, through 11:59
p.m. EDT on August 31, 2011.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2011-21480 Filed 8-18-11; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Notices]
[Page 12864]
[FR Doc No: 2017-04497]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a closed meeting on Thursday, March
9, 2017 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the closed meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit
consideration of the scheduled matter at the closed meeting.
    Commissioner Stein, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matter of the closed meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Adjudicatory matters; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed; please contact Brent J. Fields from
the Office of the Secretary at<PHONE_NUMBER>.

    Dated: March 2, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2017-04497 Filed 3-3-17; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register: November 21, 2008 (Volume 73, Number 226)]
[Rules and Regulations]
[Page 70596-70597]
[DOCID:fr21no08-7]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 3

[EPA-HQ-OEI-2003-0001; FRL-8743-3]
RIN 2025-AA23

Extension of Cross-Media Electronic Reporting Rule Deadline for
Authorized Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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

SUMMARY: Because EPA received comment, we are withdrawing the direct
final rule for extension of the Cross-Media Electronic Reporting Rule
(CROMERR) deadline for authorized programs (states, tribes, or local
governments) with existing electronic document receiving systems to
submit applications for EPA approval under CROMERR, published on
October 17, 2008.

DATES: Effective November 21, 2008, EPA withdraws the direct final rule
published at 73 FR 61737, on October 17, 2008.

FOR FURTHER INFORMATION CONTACT: Evi Huffer, Office of Environmental
Information (2823T), Environmental Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460;<PHONE_NUMBER><EMAIL_ADDRESS>
or David Schwarz, Office of Environmental Information (2823T),
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460;<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Because EPA received comment, we are
withdrawing the direct final rule for extension of the Cross-Media
Electronic Reporting Rule (CROMERR) deadline for authorized programs
(states, tribes, or local governments) with existing electronic
document receiving systems to submit applications for EPA approval
under CROMERR, published on October 17, 2008. We stated in that direct
final rule that if we received comment by November 3, 2008, the direct
final rule would not take effect and we would publish a timely
withdrawal in the Federal Register. We subsequently received comment on
that direct final rule. We will address those comments in any
subsequent final action, which will be based on the parallel proposed
rule also published on October 17, 2008 (73 FR 61737). As stated in the
direct final rule and the parallel proposed rule, we will not institute
a second comment period on this action.

List of Subjects in 40 CFR Part 3

    Environmental protection, Conflict of interests, Electronic
records, Electronic reporting requirements, Electronic reports,
Intergovernmental relations.

    Dated: November 14, 2008.
Molly A. O'Neill,
Assistant Administrator and Chief Information Officer.

PART 3--[AMENDED]

    Accordingly, the amendments to the rule published on October 17,
2008 (73 FR 61737) are withdrawn as of November 21, 2008.

[FR Doc. E8-27752 Filed 11-20-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Notices]
[Page 26911]
[FR Doc No: 2021-10418]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-1879-000]

Farmington Solar, 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 proceeding of
Farmington Solar, 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 June 1, 2021.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: May 12, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-10418 Filed 5-17-21; 8:45 am]
BILLING CODE 6717-01-P


     UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460

                             OFFICE OF CHEMICAL SAFTEY
AND POLLUTION PREVENTION

RE:  	Meeting with Center for Construction Research and Training (CPWR) and EPA to discuss risk management for cyclic aliphatic bromide cluster (HBCD)

List of Documents
 Meeting Summary
 Attendees
Meeting Summary
On August 12th, 2021, EPA held a conference call with the Center for Construction Research and Training (CPWR) to discuss risk management options for cyclic aliphatic bromide cluster (HBCD).

Attendees
EPA:
Sarah Cox
Sharay Dixon
Sue Slotnick

CPWR:
Chris Cain
Jessica Bunting
Richard Rhinehart
Victoria Bor


[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
[Proposed Rules]
[Pages 21268-21270]
[FR Doc No: 2019-09807]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0322; Product Identifier 2019-NM-039-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc., Model DHC-8-400 series airplanes. This
proposed AD was prompted by reports of cracked elevator power control
unit (PCU) brackets on the horizontal stabilizer rear spar and cracking
on the elevator front spar. This proposed AD would require one-time
inspections for cracks and damage of the elevator PCU brackets and
surrounding area, horizontal stabilizer rear spar, and elevator front
spar, and related investigative and corrective actions if necessary. We
are proposing this AD to address the unsafe condition on these
products.

DATES: We must receive comments on this proposed AD by June 28, 2019.

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 http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>; fax 416-375-
4539; email<EMAIL_ADDRESS>internet http://www.bombardier.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195.

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-2019-
0322; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0322;
Product Identifier 2019-NM-039-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2018-34, dated December
17, 2018 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Bombardier, Inc., Model DHC-8-400 series
airplanes. The MCAI states:

    There have been five in-service reports of cracked elevator
power control unit (PCU) brackets on the horizontal stabilizer rear
spar, and two reports of cracking on the elevator front spar. In one
case, the PCU bracket cracking led to detachment of the bracket
during pushback. An investigation found that the force-fight loads
induced by elevator PCUs not rigged to the required tolerance is the
common factor in cracking of both the elevator PCU bracket and of
the elevator front spar. A secondary contributor to the elevator PCU
bracket cracking is the bracket flange preload that may be induced
during production installation. Failure of an elevator PCU bracket
or progression of the elevator front spar cracking into two segments
may cause the affected elevator to jam. Failure of an elevator
bracket on both elevators, or progression of elevator front spar
cracking into two segments on both elevators, could cause a loss of
aeroplane pitch control.
    This [Canadian] AD mandates a one-time inspection of the
elevator PCU brackets, the horizontal stabilizer rear spar and
elevator front spar with reporting of inspection findings. Any
brackets found cracked are to be replaced with new brackets with
improved strength. For any spar found cracked, obtain instructions
to repair the spar from Bombardier and repair the spar accordingly.
Additional corrective action may be considered depending on the
results of the inspections findings.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0322.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 84-55-09, dated June 7,
2018. This service information describes procedures for one-time
detailed visual and fluorescent penetrant inspections for cracks and
damage of the elevator PCU brackets (including the surrounding area),
horizontal stabilizer rear spar, and elevator front spar, and related
investigative and corrective actions if necessary. The related
investigative action is an eddy current inspection for cracking of
certain mating holes of the horizontal stabilizer rear spar. Corrective
actions include replacement of the elevator PCU brackets and repair of
the horizontal stabilizer rear spar and elevator front spar.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

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

on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information described previously. This proposed AD also
would require sending the inspection results to Bombardier.

Costs of Compliance

    We estimate that this proposed AD affects 54 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
13 work-hours x $85 per hour = $1,105........................              $0           $1,105          $59,670
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    We estimate that it would take about 1 work-hour per product to
comply with the proposed reporting requirement in this proposed AD. The
average labor rate is $85 per hour. Based on these figures, we estimate
the cost of reporting the inspection results on U.S. operators to be
$4,590, or $85 per product.
    We estimate the following costs to do any necessary on-condition
actions that would be required based on the results of any required
actions. We have no way of determining the number of aircraft that
might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
18 work-hours x $85 per hour = $1,530.              $0           $1,530
------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this NPRM is 2120-
0056. The paperwork cost associated with this NPRM has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this NPRM is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW, Washington, DC 20591, ATTN: Information
Collection Clearance Officer, AES-200.

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 proposed 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 transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Bombardier, Inc.: Docket No. FAA-2019-0322; Product Identifier 2019-
NM-039-AD.

(a) Comments Due Date

    We must receive comments by June 28, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model DHC-8-400, -401, and
-402 airplanes, certificated in any category, serial numbers 4001
through 4580 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by reports of cracked elevator power
control unit (PCU) brackets on the horizontal stabilizer rear spar
and cracking on the elevator front spar. We are issuing this AD to
address this condition, which, if not detected and corrected, may
cause failure of an elevator PCU bracket or fracture the front spar
into two segments; either structural failure may cause a jam in one
elevator or a loss of airplane pitch control if both elevators are
affected.

(f) Compliance

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

(g) Inspections

    No earlier than 7,500 total accumulated flight hours, but before
accumulating 8,000 flight hours after the effective date of this AD:
Perform detailed visual and fluorescent penetrant inspections for
cracks and damage of the elevator PCU brackets, horizontal
stabilizer rear spar, and elevator front spar, in accordance with
the Accomplishment Instructions of Bombardier Service Bulletin 84-
55-09, dated June 7, 2018.
    (1) If any crack is detected on any elevator PCU bracket, and no
crack or damage is found on either spar: Before further flight,
replace the elevator PCU bracket with a new bracket, and do all
related investigative and corrective actions, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 84-55-09,
dated June 7, 2018.
    (2) If any crack or damage is detected on any horizontal
stabilizer rear spar or elevator front spar: Before further flight,
repair using a method approved by the Manager, New York ACO Branch,
FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier,
Inc.'s TCCA Design Approval Organization (DAO). If approved by the
DAO, the approval must include the DAO-authorized signature.

(h) Reporting

    At the applicable time specified in paragraph (h)(1) or (h)(2)
of this AD: Report the results of the inspections required by
paragraph (g) of this AD to the Bombardier CMDB Focal by fax 1-416-
375-4538 or email at<EMAIL_ADDRESS>in
accordance with the instructions of Bombardier Service Bulletin 84-
55-09, dated June 7, 2018. If operators have reported findings as
part of obtaining any corrective actions approved by Bombardier,
Inc.'s TCCA DAO, operators are not required to report those findings
as specified in this paragraph.
    (1) If the inspections were done on or after the effective date
of this AD: Submit the report within 30 days after the inspections.
    (2) If the inspections were done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York 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 ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved by
the DAO, the approval must include the DAO-authorized signature.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW, Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2018-34, dated December 17, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0322.
    (2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, Airframe and Mechanical Systems Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet
http://www.bombardier.com. You may view this service information at
the FAA, Transport Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on May 2, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-09807 Filed 5-13-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Notices]
[Pages 6175-6176]
[FR Doc No: 2018-02929]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OARM-2017-0752; FRL-9974-29-OARM]

Proposed Information Collection Request; Comment Request;
Background Checks for Contractor Employees (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``Background Checks for
Contractor Employees (Renewal)'' (EPA ICR No. 2159.07, OMB Control No.
2030-0043) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. Before doing
so, EPA is soliciting public comments on specific aspects of the
proposed information collection as described below. This is a proposed
extension of the ICR, which is currently approved through August 31,
2018. 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.

DATES: Comments must be submitted on or before April 16, 2018.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OARM-
2017-0752 online using www.regulations.gov (our preferred method), by
email to [email protected], or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Thomas Valentino, Policy Training and
Oversight Division, Office of Acquisition Management (3802R),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: The EPA uses contractors to perform services throughout
the nation with regard to environmental emergencies involving the
release, or threatened release, of oil, radioactive materials, or
hazardous chemicals that may potentially affect communities and the
surrounding environment. The Agency may request contractors responding
to any of these types of incidents to conduct background checks and
apply Government-established suitability criteria in Title 5 CFR
Administrative Personnel 731.104 Appointments Subject to Investigation,
732.201 Sensitivity Level Designations and Investigative Requirements,
and 736.102 Notice to Investigative Sources when determining whether
employees are acceptable to perform on given sites or on specific
projects. In addition to emergency response contractors, EPA may
require background checks for contractor personnel working in sensitive
sites or sensitive projects. The background checks and application of
the Government's suitability criteria must be completed prior to
contract employee performance. The contractor shall maintain records
associated with all background checks. Background checks cover
citizenship or valid visa status, criminal convictions, weapons
offenses, felony convictions, and parties prohibited from receiving
federal contracts.
    Form numbers: None.
    Respondents/affected entities: Private Contractors.
    Respondent's obligation to respond: Required to obtain a benefit
per Title 5 CFR Administrative Personnel 731.104 Appointments Subject
to Investigation, 732.201 Sensitivity Level Designations and
Investigative Requirements, and 736.102 Notice to Investigative
Sources.
    Estimated number of respondents: 1,000 (total).
    Frequency of response: Annual.
    Total estimated burden: 1,000 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $195,070 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in estimates: There is no change in the hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB.

    Dated: January 31, 2018,
Kimberly Y. Patrick,
Director, Office of Acquisition Management.
[FR Doc. 2018-02929 Filed 2-12-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 24, 2007 (Volume 72, Number 164)]
[Notices]
[Page 48698-48699]
[DOCID:fr24au07-124]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-27931; 812-13259]

American International Group, Inc., et al.; Temporary Order and
Notice of Application

August 20, 2007.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Temporary order and notice of application for a permanent order
under section 9(c) of the Investment Company Act of 1940 (``Act'').

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

SUMMARY: Applicants have received a temporary order exempting them from
section 9(a) of the Act, with respect to an injunction entered against
American International Group, Inc. (``AIG'') on February 17, 2006 by
the United States District Court for the Southern District of New York
(``Injunction''), from August 20, 2007, until the Commission takes
final action on an application for a permanent order. Applicants also
have applied for a permanent order.
    Applicants: AIG, AIG Annuity Life Insurance Corporation (``AIG
Annuity''), AIG Annuity Insurance Company (``AIG Annuity''), AIG Equity
Sales Corp. (``AIG Equity''), AIG Global Investment Corp. (``AIGGIC''),
AIG Life Insurance Company (``AIG Life''), AIG SunAmerica Asset
Management Corp. (``SunAmerica Asset Management''), AIG SunAmerica
Capital Services, Inc. (``SunAmerica Capital''), AIG SunAmerica Life
Assurance Company (``ASLAC''), American General Distributors, Inc.
(``AM Distributors''), American General Equity Services Corp. (''AM
Equity''), American General Life Insurance Company (``AM Life''),
American International Life Assurance Company of New York (``AILAC''),
Brazos Capital Management, L.P. (``Brazos''), First SunAmerica Life
Insurance Company (``First SunAmerica''), The United States Life
Insurance Company in the City of New York (``US Life''), and The
Variable Annuity Life Insurance Company (``VALIC'') (collectively,
``Applicants'').\1\
---------------------------------------------------------------------------

    \1\ Applicants request that any relief granted pursuant to the
application also apply to any other company of which AIG is or may
become an affiliated person (included in the defined term
``Applicants'').

FILING DATES: The application was filed on February 10, 2006, and
amended on August 16, 2007.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on September 14, 2007, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090; Applicants c/o Anastasia Kelly,
American International Group, Inc., 70 Pine Street, New York, New York
10270.

FOR FURTHER INFORMATION CONTACT: Julia Kim Gilmer, Branch Chief, at
202-551-6871 or Nadya B. Roytblat, Assistant Director, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
Commission's Public Reference Branch, 100 F. Street, NE., Washington,
DC 20549 (tel.202-551-5850).

Applicants' Representations

    1. AIG, through its subsidiaries, offers property and casualty and
life insurance products to commercial, institutional and individual
customers worldwide. AIG's global businesses also include financial
services and asset management. The other Applicants are wholly owned
subsidiaries of AIG. AIGGIC, SunAmerica Asset Management, Brazos, and
VALIC are investment advisers registered under the Investment Advisers
Act of 1940 (``Advisers Act'') and serve as investment adviser or
subadviser (``Adviser Applicants'') to certain registered investment
companies (``Funds''). AIG Equity, SunAmerica Capital, AM Distributors,
and AM Equity are broker-dealers registered under the Securities
Exchange Act of 1934 (``Exchange Act'') and serve as a principal
underwriter to open-end Funds and Funds that are unit investment trusts
(``UITs''). AIG Annuity, AIG Life, ASLAC, AM Life, AILAC, First
SunAmerica and U.S. Life serve as depositors to various Funds.
    2. On February 17, 2006, the United States District Court for the
Southern District of New York entered the Injunction against AIG in a
matter brought by the Commission.\2\ The Commission alleged in the
complaint (``Complaint'') that AIG violated sections 10(b), 13(a),
13(b)(2) and 13(b)(5) of the Exchange Act and rules 10b-5, 12b-20, 13a-
1, 13a-13 and 13b2-1 thereunder, and section 17(a) of the Securities
Act of 1933, by making intentionally misleading statements in its
financial statements (``Conduct''). Without admitting or denying any of
the allegations in the Complaint, except as to jurisdiction, AIG
consented to the entry of the Injunction and to pay penalties and
disgorgement of $800 million.\3\
---------------------------------------------------------------------------

    \2\ Securities and Exchange Commission v. American International
Group, Inc., 06 Civ. 1000 (LAP) (S.D.N.Y., filed Feb. 17, 2006).
    \3\ AIG also agreed to comply with certain undertakings relating
to its internal controls over financial reporting; the organization
and reporting structure of AIG's internal audit department and
disclosure committee; the policies, procedures and effectiveness of
AIG's regulatory, compliance and legal functions; AIG's records
management and retention policies and procedures; and AIG's
whistleblower procedures.
---------------------------------------------------------------------------

Applicants' Legal Analysis

    1. Section 9(a)(2) of the Act, in relevant part, prohibits a person
who has been enjoined from engaging in or continuing any conduct or
practice in connection with the purchase or sale of a security from
acting, among other things, as an investment adviser or depositor of
any registered investment company or a principal underwriter for any
registered open-end investment company, registered unit investment
trust, or registered face-amount certificate company. Section 9(a)(3)
of the Act makes the prohibition in section 9(a)(2) applicable to a
company, any affiliated person of which has been disqualified under the
provisions of section 9(a)(2). Section 2(a)(3) of the Act defines
``affiliated person'' to include any person directly or indirectly
controlling, controlled by, or under common control, with the other
person. Applicants state that AIG is an affiliated person of each of
the other Applicants within the meaning of section 2(a)(3). Applicants
state that, as a result of the Injunction, they would be subject to the
prohibitions of section 9(a).
    2. Section 9(c) of the Act provides that the Commission shall grant
an application for an exemption from the disqualification provisions of
section 9(a) of the Act if it is established that

these provisions, as applied to Applicants, are unduly or
disproportionately severe or that the conduct of the Applicants has
been such as not to make it against the public interest or the
protection of investors to grant the exemption. Applicants have filed
an application pursuant to section 9(c) seeking a temporary and
permanent order exempting them from the disqualification provisions of
section 9(a).\4\
---------------------------------------------------------------------------

    \4\ Applicants have received orders granting a temporary
exemption from section 9(a) of the Act with respect to the
Injunction until August 21, 2007. Investment Company Act Release
Nos. 27227 (Feb. 21, 2006) (granting a temporary exemption until
August 21, 2006); 27446 (Aug. 18, 2006) (extending the temporary
exemption to February 16, 2007); 27700 (Feb. 16, 2007) (extending
the temporary exemption to August 21, 2007).
---------------------------------------------------------------------------

    3. Applicants believe that they meet the standards for exemption
specified in section 9(c). Applicants state that the prohibitions of
section 9(a) as applied to them would be unduly and disproportionately
severe and that it would not be against the public interest or the
protection of investors to grant the requested exemption from section
9(a). The Conduct did not involve any of the Applicants acting in the
capacity of investment adviser, subadviser, depositor or principal
underwriter for any Fund. Applicants state that with the exception of
index Funds, none of the Funds advised by the Adviser Applicants holds
any securities issued by AIG.
    4. Applicants state that their inability to continue to provide
advisory and underwriting services to the Funds and to serve as
depositor to Funds would result in potentially severe hardships for the
Funds and their shareholders. Applicants also state that they have
distributed written materials, including an offer to meet in person to
discuss the materials, to the boards of directors of the Funds (the
``Boards''), including the directors who are not ``interested
persons,'' as defined in section 2(a)(19) of the Act, of such Funds,
and their independent legal counsel as defined in rule 0-1(a)(6) under
the Act, if any, regarding the Injunction, any impact on the Funds, and
the application. Applicants state that they have provided the Boards
with all information concerning the Injunction and the application that
is necessary for the Funds to fulfill their disclosure and other
obligations under the federal securities laws.
    5. Applicants also state that, if they were barred from providing
services to the Funds, the effect on their businesses and employees
would be severe. Applicants state that they have committed substantial
resources to establish an expertise in advising, subadvising, and
distributing the Funds, and acting as a depositor to Funds. Applicants
further state that prohibiting them from providing advisory and
distribution services to the Funds would adversely affect not only the
viability of their businesses, but also the livelihoods of their
employees. Applicants state that they have previously received one
order under section 9(c) of the Act.\5\
---------------------------------------------------------------------------

    \5\ AIG Annuity Life Insurance Company, et al., Investment
Company Act Release Nos. 26690 (Dec. 8, 2004) (notice) and 26718
(Jan. 4, 2005) (order).
---------------------------------------------------------------------------

Applicants' Condition

    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    Any temporary exemption granted pursuant to the application shall
be without prejudice to, and shall not limit the Commission's rights in
any manner with respect to, any Commission investigation of, or
administrative proceedings involving or against, the Applicants,
including without limitation, the consideration by the Commission of a
permanent exemption from section 9(a) of the Act requested pursuant to
the application, or the revocation or removal of any temporary
exemptions granted under the Act in connection with the application.

Temporary Order

    The Commission has considered the matter and finds that Applicants
have made the necessary showing to justify granting a temporary
exemption.
    Accordingly, it is hereby ordered, pursuant to section 9(c) of the
Act, that Applicants are granted a temporary exemption from the
provisions of section 9(a), solely with respect to the Injunction,
subject to the condition in the application, from August 20, 2007,
until the Commission takes final action on their application for a
permanent order.

    By the Commission.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-16763 Filed 8-23-07; 8:45 am]

BILLING CODE 8010-01-P