[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Notices]
[Pages 12940-12942]
[FR Doc No: 2021-04563]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0750; FRL-10019-35]

Pesticide Registration Review; Proposed Interim Decisions for
Several Wood Preservative Pesticides; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's proposed
interim registration review decisions and opens a 60-day public comment
period on the proposed interim decisions for the following pesticides:
Creosote; chromated arsenicals and dichromic acid, disodium salt,
dehydrate; and pentachlorophenol.

DATES: Comments must be received on or before May 4, 2021.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number for the specific pesticide of interest
provided in the Table in Unit IV, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room are closed to public visitors
with limited

exceptions. The staff continues to provide remote customer service via
email, phone, and webform. For the latest status information on EPA/DC
services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For pesticide specific information,
contact: The Chemical Review Manager for the pesticide of interest
identified in the Table in Unit IV.
    For general information on the registration review program,
contact: Richard Fehir, Antimicrobials Division (7510P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the Chemical Review Manager for the pesticide of interest
identified in the Table in Unit IV.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information on a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

    Registration review is EPA's periodic review of pesticide
registrations to ensure that each pesticide continues to satisfy the
statutory standard for registration, that is, the pesticide can perform
its intended function without unreasonable adverse effects on human
health or the environment. As part of the registration review process,
the Agency has completed proposed interim decisions for all pesticides
listed in the Table in Unit IV. Through this program, EPA is ensuring
that each pesticide's registration is based on current scientific and
other knowledge, including its effects on human health and the
environment.

III. Authority

    EPA is conducting its registration review of the chemicals listed
in the Table in Unit IV pursuant to section 3(g) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Procedural
Regulations for Registration Review at 40 CFR part 155, subpart C.
Section 3(g) of FIFRA provides, among other things, that the
registrations of pesticides are to be reviewed every 15 years. Under
FIFRA, a pesticide product may be registered or remain registered only
if it meets the statutory standard for registration given in FIFRA
section 3(c)(5) (7 U.S.C. 136a(c)(5)). When used in accordance with
widespread and commonly recognized practice, the pesticide product must
perform its intended function without unreasonable adverse effects on
the environment; that is, without any unreasonable risk to man or the
environment, or a human dietary risk from residues that result from the
use of a pesticide in or on food.

IV. What action is the Agency taking?

    Pursuant to 40 CFR 155.58, this notice announces the availability
of EPA's proposed interim registration review decisions for the
pesticides shown in Table 1, and opens a 60-day public comment period
on the proposed interim registration review decisions.

                                       Table 1--Proposed Interim Decisions
----------------------------------------------------------------------------------------------------------------
                                                                                Chemical review manager
 Registration review case name and No.                   Docket ID No.                  and contact information
----------------------------------------------------------------------------------------------------------------
Chromated Arsenicals, Case 0132 \a\....  EPA-HQ-OPP-2015-0349........................  Daniel Halpert,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Dichromic acid, disodium salt,           EPA-HQ-OPP-2010-0243........................  Daniel Halpert,
 dehydrate, Case 5012 \a\<EMAIL_ADDRESS><PHONE_NUMBER>.
Creosote, Case 0139....................  EPA-HQ-OPP-2014-0823........................  Daniel Halpert,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Pentachlorophenol, Case 2505...........  EPA-HQ-OPP-2014-0653........................  Daniel Halpert,
<EMAIL_ADDRESS><PHONE_NUMBER>.
----------------------------------------------------------------------------------------------------------------
\a\ The Proposed Interim Decisions for chromated arsenicals and dichromic acid, disodium salt, dihydrate will be
  released in a single document available in the dockets for both cases.

    The registration review docket for a pesticide includes earlier
documents related to the registration review case. For example, the
review opened with a Preliminary Work Plan, for public comment. A Final
Work Plan was placed in the docket following public comment on the
Preliminary Work Plan.
    The documents in the dockets describe EPA's rationales for
conducting additional risk assessments for the registration review of
the pesticides included in the tables in Unit IV, as well as the
Agency's subsequent risk findings and consideration of possible risk
mitigation measures. These proposed interim registration review
decisions are supported by the rationales included in those documents.
Following public comment, the Agency will issue interim or final
registration review decisions for the pesticides listed in Table 1 in
Unit IV.
    The registration review final rule at 40 CFR 155.58(a) provides for
a minimum 60-day public comment period on all proposed interim
registration review decisions. This comment period is intended to
provide an opportunity for public input and a mechanism for initiating
any necessary amendments to the proposed interim decision. All

comments should be submitted using the methods in ADDRESSES, and must
be received by EPA on or before the closing date. These comments will
become part of the docket for the pesticides included in the Tables in
Unit IV. Comments received after the close of the comment period will
be marked ``late.'' EPA is not required to consider these late
comments.
    The Agency will carefully consider all comments received by the
closing date and may provide a ``Response to Comments Memorandum'' in
the docket. The interim registration review decision will explain the
effect that any comments had on the interim decision and provide the
Agency's response to significant comments.
    Background on the registration review program is provided at:
http://www.epa.gov/pesticide-reevaluation.

    Authority: 7 U.S.C. 136 et seq.

    Dated: January 6, 2021.
Anita Pease,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 2021-04563 Filed 3-4-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Rules and Regulations]
[Pages 26668-26673]
[FR Doc No: 2016-10440]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-1085; Special Conditions No. 25-618-SC]

Special Conditions: Gulfstream Aerospace Corporation Model GVII-
G500 Airplane, Technical Criteria for Approving Side-Facing Seats

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Gulfstream
Aerospace Corporation (Gulfstream) Model GVII-G500 airplane. This
airplane will have a novel or unusual design feature associated with
side-facing seats. The applicable airworthiness regulations do not
contain adequate or appropriate safety standards for this design
feature. These special conditions contain the additional safety
standards the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

DATES: The effective date of these special conditions is May 4, 2016.
We must receive your comments by June 20, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-1085
using any of the following methods:
    Federal eRegulations Portal: Go to http://www.regulations.gov/ and
follow the online instructions for sending your comments
electronically.
    Mail: Send comments to Docket Operations, M-30, U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West
Building Ground Floor, Washington, DC, 20590-0001.
    Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dan Jacquet, Airframe and Cabin
Safety, ANM-115, Transport Airplane Directorate, Aircraft Certification
Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
425-227-2676; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been subject to the public-comment process in several prior
instances with no substantive comments received. The FAA therefore
finds that good cause exists for making these special conditions
effective upon issuance.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On March 29, 2012, Gulfstream Aerospace Corporation applied for a
type certificate for their new Model GVII-G500 airplane. The Model
GVII-G500 airplane will be a business jet capable of accommodating up
to 19 passengers. It will incorporate a low, swept-wing design with
winglets and a T-tail. The powerplant will consist of two aft-fuselage-
mounted Pratt & Whitney turbofan engines.

Type Certification Basis

    Under Title 14, Code of Federal Regulations (14 CFR) 21.17,
Gulfstream must show that the Model GVII-G500 airplane meets the
applicable provisions of 14 CFR part 25, as amended by Amendments 25-1
through 25-129.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., part 25) do not contain adequate or appropriate
safety standards for the Model GVII-G500 airplane because of a novel or
unusual design feature, special conditions are prescribed under the
provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, the special conditions would also
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, Model GVII-G500 airplanes

must comply with the fuel-vent and exhaust-emission requirements of 14
CFR part 34, and the noise-certification requirements of 14 CFR part
36. The FAA must issue a finding of regulatory adequacy under section
611 of Public Law 92-574, the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Model GVII-G500 airplane will incorporate the following novel
or unusual design feature:
    Gulfstream wants the option to include side-facing seats in their
new Model GVII-G500 airplane. Side-facing seats (i.e., seats positioned
in the airplane with the occupant facing 90 degrees to the direction of
airplane travel) are considered a novel design for transport-category
airplanes that include Amendment 25-64 in their certification basis,
and were not considered when those airworthiness standards were issued.
The FAA has determined that the existing regulations do not provide
adequate or appropriate safety standards for occupants of side-facing
seats. To provide a level of safety that is equivalent to that afforded
to occupants of forward- and aft-facing seats, additional airworthiness
standards in the form of special conditions are necessary.

Discussion

    On June 16, 1988, 14 CFR part 25 was amended to revise the
emergency-landing conditions that must be considered in the design of
transport-category airplanes. Amendment 25-64 revised the static-load
conditions in Sec.  25.561, and added a new Sec.  25.562 that required
dynamic testing for all seats approved for occupancy during takeoff and
landing. The intent of Amendment 25-64 was to provide an improved level
of safety for occupants on transport-category airplanes. However,
because most seating on transport-category airplanes is forward-facing,
the pass/fail criteria developed in Amendment 25-64 focused primarily
on these seats.
    For some time, the FAA granted exemptions for the multiple-place
side-facing-seat installations because the existing test methods and
acceptance criteria did not produce a level of safety equivalent to the
level of safety provided for forward-and aft-facing seats. These
exemptions were subject to many conditions that reflected the injury-
evaluation criteria and mitigation strategies available at the time of
the exemption issuance. The FAA also issued special conditions to
address single-place side-facing seats because we believed that those
conditions provided the same level of safety as for forward- and aft-
facing seats.
    Continuing concerns regarding the safety of side-facing seats
prompted the FAA to conduct research to develop an acceptable method of
compliance with Sec. Sec.  25.562 and 25.785(b) for side-facing seat
installations. That research has identified injury considerations and
evaluation criteria in addition to those previously used to approve
side-facing seats (see published report DOT/FAA/AR-09/41, July 2011).
One particular concern that was identified during the FAA's research
program, but not addressed in the previous special conditions, was the
significant leg injuries that can occur to occupants of both single-
and multiple-place side-facing seats. Because this type of injury does
not occur on forward- and aft-facing seats, the FAA determined that, to
achieve the level of safety envisioned in Amendment 25-64, additional
requirements would be needed as compared to previously issued special
conditions. Nonetheless, the research has now allowed the development
of a single set of special conditions that is applicable to all fully
side-facing seats.
    On November 5, 2012, the FAA released PS-ANM-25-03-R1, ``Technical
Criteria for Approving Side-Facing Seats,'' to update existing FAA
certification policy on Sec. Sec.  25.562 and 25.785(a) at Amendment
25-64 for single- and multiple-place side-facing seats. This policy
addresses both the technical criteria for approving side-facing seats
and the implementation of those criteria. The FAA methodology detailed
in PS-ANM-25-03-R1 has been used in establishing a new set of proposed
special conditions. Some of the conditions issued for previous
exemptions are still relevant and are included in these new special
conditions. However, others have been replaced by different criteria
that reflect current research findings.

Applicability

    As discussed above, these special conditions are applicable to the
Gulfstream Model GVII-G500 airplane. Should Gulfstream apply at a later
date for a change to the type certificate to include another model
incorporating the same novel or unusual design feature, these special
conditions would apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on one model series of airplane. It is not a rule of general
applicability.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, the FAA has determined
that prior public notice and comment are unnecessary and impracticable,
and good cause exists for adopting these special conditions upon
publication in the Federal Register.
    The FAA is requesting comments to allow interested persons to
submit views that may not have been submitted in response to the prior
opportunities for comment described above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

0
The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for the Gulfstream Aerospace Corporation
Model GVII-G500 airplane.
    In addition to the airworthiness standards in Sec. Sec.  25.562 and
25.785, the FAA issues the following special conditions (based on
Policy Statement PS-ANM-25-03-R1) as part of the type certification
basis for the Gulfstream Model GVII series airplanes. Items 1 and 2 are
applicable to all side-facing seat installations, whereas items 3
through 16 represent additional requirements applicable to side-facing
seats equipped with an airbag system in the shoulder belt.
    1. Additional requirements applicable to tests or rational analysis
conducted to show compliance with Sec. Sec.  25.562 and 25.785 for
side-facing seats:
    a. The longitudinal test(s) conducted in accordance with Sec.
25.562(b)(2), to show compliance with the seat-strength requirements of
Sec.  25.562(c)(7) and (8) and these special conditions, must have an
ES-2re anthropomorphic test dummy (ATD) (49 CFR part 572 subpart U) or
equivalent, or a Hybrid II ATD (49 CFR part 572, subpart B as specified
in Sec.  25.562) or equivalent, occupying each seat position and
including all items (e.g., armrest, interior wall, or furnishing)
contactable by the occupant if those items are necessary to restrain

the occupant. If included, the floor representation and contactable
items must be located such that their relative position, with respect
to the center of the nearest seat place, is the same at the start of
the test as before floor misalignment is applied. For example, if floor
misalignment rotates the centerline of the seat place nearest the
contactable item 8 degrees clockwise about the airplane x-axis, then
the item and floor representations must be rotated by 8 degrees
clockwise also, to maintain the same relative position to the seat
place, as shown in Figure 1. Each ATD's relative position to the seat
after application of floor misalignment must be the same as before
misalignment is applied. To ensure proper occupant seat loading, the
ATD pelvis must remain supported by the seat pan, and the restraint
system must remain on the pelvis and shoulder of the ATD until rebound
begins. No injury-criteria evaluation is necessary for tests conducted
only to assess seat-strength requirements.
[GRAPHIC] [TIFF OMITTED] TR04MY16.001

    b. The longitudinal test(s) conducted in accordance with Sec.
25.562(b)(2), to show compliance with the injury assessments required
by Sec.  25.562(c) and these special conditions, may be conducted
separately from the test(s) to show structural integrity. In this case,
structural-assessment tests must be conducted as specified in paragraph
1a, above, and the injury-assessment test must be conducted without yaw
or floor misalignment. Injury assessments may be accomplished by
testing with ES-2re ATD (49 CFR part 572 subpart U) or equivalent at
all places. Alternatively, these assessments may be accomplished by
multiple tests that use an ES-2re ATD at the seat place being
evaluated, and a Hybrid II ATD (49 CFR part 572, subpart B, as
specified in Sec.  25.562) or equivalent used in all seat places
forward of the one being assessed, to evaluate occupant interaction. In
this case, seat places aft of the one being assessed may be unoccupied.
If a seat installation includes adjacent items that are contactable by
the occupant, the injury potential of that contact must be assessed. To
make this assessment, tests may be conducted that include the actual
item, located and attached in a representative fashion. Alternatively,
the injury potential may be assessed by a combination of tests with
items having the same geometry as the actual item, but having stiffness
characteristics that would create the worst case for injury (injuries
due to both contact with the item and lack of support from the item).
    c. If a seat is installed aft of structure (e.g., an interior wall
or furnishing) that does not have a homogeneous surface

contactable by the occupant, additional analysis and/or test(s) may be
required to demonstrate that the injury criteria are met for the area
that an occupant could contact. For example, different yaw angles could
result in different injury considerations and may require additional
analysis or separate test(s) to evaluate.
    d. To accommodate a range of occupant heights (5th percentile
female to 95th percentile male), the surface of items contactable by
the occupant must be homogenous 7.3 inches (185 mm) above and 7.9
inches (200 mm) below the point (center of area) that is contacted by
the 50th percentile male size ATD's head during the longitudinal
test(s) conducted in accordance with paragraphs a, b, and c, above.
Otherwise, additional head-injury criteria (HIC) assessment tests may
be necessary. Any surface (inflatable or otherwise) that provides
support for the occupant of any seat place must provide that support in
a consistent manner regardless of occupant stature. For example, if an
inflatable shoulder belt is used to mitigate injury risk, then it must
be demonstrated by inspection to bear against the range of occupants in
a similar manner before and after inflation. Likewise, the means of
limiting lower-leg flail must be demonstrated by inspection to provide
protection for the range of occupants in a similar manner.
    e. For longitudinal test(s) conducted in accordance with Sec.
25.562(b)(2) and these special conditions, the ATDs must be positioned,
clothed, and have lateral instrumentation configured as follows:
    (1) ATD positioning:
    Lower the ATD vertically into the seat while simultaneously (see
Figure 2 for illustration):
    (a) Aligning the midsagittal plane (a vertical plane through the
midline of the body; dividing the body into right and left halves) with
approximately the middle of the seat place.
    (b) Applying a horizontal x-axis direction (in the ATD coordinate
system) force of about 20 lb (89 N) to the torso at approximately the
intersection of the midsagittal plane and the bottom rib of the ES-2re
or lower sternum of the Hybrid II at the midsagittal plane, to compress
the seat back cushion.
    (c) Keeping the upper legs nearly horizontal by supporting them
just behind the knees.
[GRAPHIC] [TIFF OMITTED] TR04MY16.002

    (d) After all lifting devices have been removed from the ATD:
    (i) Rock it slightly to settle it into the seat.
    (ii) Separate the knees by about 4 inches (100 mm).

    (iii) Set the ES-2re ATD's head at approximately the midpoint of
the available range of z-axis rotation (to align the head and torso
midsagittal planes).
    (iv) Position the ES-2re ATD's arms at the joint's mechanical
detent that puts them at approximately a 40-degree angle with respect
to the torso. Position the Hybrid II ATD hands on top of its upper
legs.
    (v) Position the feet such that the centerlines of the lower legs
are approximately parallel to a lateral vertical plane (in the airplane
coordinate system).
    (2) ATD clothing: Clothe each ATD in form-fitting, mid-calf-length
(minimum) pants and shoes (size 11E) weighing about 2.5 lb (1.1 Kg)
total. The color of the clothing should be in contrast to the color of
the restraint system. The ES-2re jacket is sufficient for torso
clothing, although a form-fitting shirt may be used in addition if
desired.
    (3) ES-2re ATD lateral instrumentation: The rib-module linear
slides are directional, i.e., deflection occurs in either a positive or
negative ATD y-axis direction. The modules must be installed such that
the moving end of the rib module is toward the front of the airplane.
The three abdominal-force sensors must be installed such that they are
on the side of the ATD toward the front of the airplane.
    f. The combined horizontal/vertical test, required by Sec.
25.562(b)(1) and these special conditions, must be conducted with a
Hybrid II ATD (49 CFR part 572 subpart B as specified in Sec.  25.562),
or equivalent, occupying each seat position.
    g. Restraint systems:
    (1) If inflatable restraint systems are used, they must be active
during all dynamic tests conducted to show compliance with Sec.
25.562.
    (2) The design and installation of seat-belt buckles must prevent
unbuckling due to applied inertial forces or impact of the hands or
arms of the occupant during an emergency landing.
    2. Additional performance measures applicable to tests and rational
analysis conducted to show compliance with Sec. Sec.  25.562 and 25.785
for side-facing seats:
    a. Body-to-body contact: Contact between the head, pelvis, torso,
or shoulder area of one ATD with the adjacent-seated ATD's head,
pelvis, torso, or shoulder area is not allowed. Contact during rebound
is allowed.
    b. Thoracic: The deflection of any of the ES-2re ATD upper, middle,
and lower ribs must not exceed 1.73 inches (44 mm). Data must be
processed as defined in Federal Motor Vehicle Safety Standards (FMVSS)
571.214.
    c. Abdominal: The sum of the measured ES-2re ATD front, middle, and
rear abdominal forces must not exceed 562 lbs (2,500 N). Data must be
processed as defined in FMVSS 571.214.
    d. Pelvic: The pubic symphysis force measured by the ES-2re ATD
must not exceed 1,350 lbs (6,000 N). Data must be processed as defined
in FMVSS 571.214.
    e. Leg: Axial rotation of the upper-leg (femur) must be limited to
35 degrees in either direction from the nominal seated position.
    f. Neck: As measured by the ES-2re ATD and filtered at Channel
Frequency Class 600 as defined in SAE J211, ``Instrumentation for
Impact Test--Part 1--Electronic Instrumentation.''
    (1) The upper-neck tension force at the occipital condyle (O.C.)
location must be less than 405 lb (1,800 N).
    (2) The upper-neck compression force at the O.C. location must be
less than 405 lb (1,800 N).
    (3) The upper-neck bending torque about the ATD x-axis at the O.C.
location must be less than 1,018 in-lb (115 Nm).
    (4) The upper-neck resultant shear force at the O.C. location must
be less than 186 lb (825 N).
    g. Occupant (ES-2re ATD) retention: The pelvic restraint must
remain on the ES-2re ATD's pelvis during the impact and rebound phases
of the test. The upper-torso restraint straps (if present) must remain
on the ATD's shoulder during the impact.
    h. Occupant (ES-2re ATD) support:
    (1) Pelvis excursion: The load-bearing portion of the bottom of the
ATD pelvis must not translate beyond the edges of its seat's bottom
seat-cushion supporting structure.
    (2) Upper-torso support: The lateral flexion of the ATD torso must
not exceed 40 degrees from the normal upright position during the
impact.
    3. For seats with an airbag system in the shoulder belts, show that
the airbag system in the shoulder belt will deploy and provide
protection under crash conditions where it is necessary to prevent
serious injury. The means of protection must take into consideration a
range of stature from a 2-year-old child to a 95th percentile male. The
airbag system in the shoulder belt must provide a consistent approach
to energy absorption throughout that range of occupants. When the seat
system includes an airbag system, that system must be included in each
of the certification tests as it would be installed in the airplane. In
addition, the following situations must be considered:
    a. The seat occupant is holding an infant.
    b. The seat occupant is a pregnant woman.
    4. The airbag system in the shoulder belt must provide adequate
protection for each occupant regardless of the number of occupants of
the seat assembly, considering that unoccupied seats may have an active
airbag system in the shoulder belt.
    5. The design must prevent the airbag system in the shoulder belt
from being either incorrectly buckled or incorrectly installed, such
that the airbag system in the shoulder belt would not properly deploy.
Alternatively, it must be shown that such deployment is not hazardous
to the occupant, and will provide the required injury protection.
    6. It must be shown that the airbag system in the shoulder belt is
not susceptible to inadvertent deployment as a result of wear and tear,
or inertial loads resulting from in-flight or ground maneuvers
(including gusts and hard landings), and other operating and
environmental conditions (vibrations, moisture, etc.) likely to occur
in service.
    7. Deployment of the airbag system in the shoulder belt must not
introduce injury mechanisms to the seated occupant, or result in
injuries that could impede rapid egress. This assessment should include
an occupant whose belt is loosely fastened.
    8. It must be shown that inadvertent deployment of the airbag
system in the shoulder belt, during the most critical part of the
flight, will either meet the requirement of Sec.  25.1309(b) or not
cause a hazard to the airplane or its occupants.
    9. It must be shown that the airbag system in the shoulder belt
will not impede rapid egress of occupants 10 seconds after airbag
deployment.
    10. The airbag system must be protected from lightning and high-
intensity radiated fields (HIRF). The threats to the airplane specified
in existing regulations regarding lighting, Sec.  25.1316, and HIRF,
Sec.  25.1317, are incorporated by reference for the purpose of
measuring lightning and HIRF protection.
    11. The airbag system in the shoulder belt must function properly
after loss of normal aircraft electrical power, and after a transverse
separation of the fuselage at the most critical location. A separation
at the location of the airbag system in the shoulder belt does not have
to be considered.
    12. It must be shown that the airbag system in the shoulder belt
will not release hazardous quantities of gas or particulate matter into
the cabin.

    13. The airbag system in the shoulder-belt installation must be
protected from the effects of fire such that no hazard to occupants
will result.
    14. A means must be available for a crewmember to verify the
integrity of the airbag system in the shoulder-belt activation system
prior to each flight, or it must be demonstrated to reliably operate
between inspection intervals. The FAA considers that the loss of the
airbag-system deployment function alone (i.e., independent of the
conditional event that requires the airbag-system deployment) is a
major-failure condition.
    15. The inflatable material may not have an average burn rate of
greater than 2.5 inches/minute when tested using the horizontal
flammability test defined in part 25, appendix F, part I, paragraph
(b)(5).
    16. The airbag system in the shoulder belt, once deployed, must not
adversely affect the emergency-lighting system (i.e., block floor
proximity lights to the extent that the lights no longer meet their
intended function).

    Issued in Renton, Washington, on April 27, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-10440 Filed 5-3-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Notices]
[Pages 62573-62575]
[FR Doc No: 2021-24528]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93522; File No. SR-LCH SA-2021-003]

Self-Regulatory Organizations; LCH SA; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Relating to Fees on
Extension of Eligible Collateral

November 4, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 22, 2021, Banque Centrale de Compensation, which conducts
business under the name LCH SA (``LCH SA''), filed with the Securities
and Exchange Commission (``Commission'') the proposed rule change
(``Proposed Rule Change'') described in Items I, II and III below,
which Items have been prepared primarily by LCH SA. LCH SA filed the
proposed rule change pursuant to Section 19(b)(3)(A) of the Act,\3\ and
Rule 19b-4(f)(2) \4\ thereunder, so that the proposed rule change was
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the Proposed Rule Change from
interested persons.
---------------------------------------------------------------------------

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

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

    (a) Banque Centrale de Compensation, which conducts business under
the name LCH SA, is proposing to update the current fee grid to be
applied by LCH SA for the new scope of eligible securities collateral
to be extended to government bonds issued by the following states and
denominated in their domestic currencies: Australia, Canada, Denmark,
Japan, Norway, Sweden and Switzerland \5\ (the ``Proposed Rule
Change'').
---------------------------------------------------------------------------

    \5\ Self-Regulatory Organizations; LCH SA; Order Approving
Proposed Rule Change Relating to Eligible Collateral and Liquidity
Risk Management, Exchange Act Release No. 34-93176 (Sept. 29, 2021);
86 FR 55061 (Oct. 5, 2021). File No. SR-LCH SA-2021-002.
---------------------------------------------------------------------------

    The text of the Proposed Rule Change has been annexed [sic] hereto
as Exhibit 5.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, LCH SA 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. LCH SA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    LCH SA charges fees on collateral posted by its clearing members to
cover the CCP margin requirements. The level of fees is defined based
on a combination of various factors such as operational costs to manage
a given type of collateral, ability to generate liquidity from a given
type of collateral (and thus the associated impact on the CCP

liquidity profile) and commercial considerations such as competitive
landscape. The extension of eligible collateral addresses members'
demand for more flexibility and consistency with industry standards and
market practices. This extension was designed in coherence with the
clearing services offered by LCH SA, the profile of the membership and
the risk policies, regulatory constraints and operational capacity LCH
SA operates under.
    As per CDSClear current collateral fee grid (copied below), LCH SA
already charges different fees depending on the type of securities, the
way that such securities are deposited at the CCP as well as the type
of activity these cover. For instance, for securities deposited under
Full Title Transfer (FTT) by a clearing Member to meet the margin
liabilities of its House account (self-clearing activity), LCH SA
charges an 11bps fee on the notional of government bond securities
whereas the charge is 13bps for Agencies and Supranational
securities.\6\ Similarly, LCH SA charges a 10bps fee for both
Government Bonds and Agencies/Supranational securities deposited under
FTT by a clearing member covering its Clients' accounts activity.
---------------------------------------------------------------------------

    \6\ Self-Regulatory Organizations; LCH SA; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Relating to
Amendments to LCH SA's Fee Grid for Non Cash Collateral, Exchange
Act Release No. 34-87536 (Nov. 14, 2019); 84 FR 64125 (Nov. 20,
2019) (File No. SR-LCH SA-2019-010).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                House                          Client
                                             Securities              Denominated in      ---------------------------------------------------------------
                                                                                Triparty (bps)     FTT (bps)     Pledge (bps)        (bps)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Government Securities (as listed in   France.................  EUR                                   9.5              11              15              10
 Haircut Schedule).                   Germany................  EUR                                   9.5              11              15              10
                                      Belgium................  EUR                                   9.5              11              15              10
                                      Netherlands............  EUR                                   9.5              11              15              10
                                      Italy..................  EUR                                   9.5              11              15              10
                                      Portugal...............  EUR                                   9.5              11              15              10
                                      Spain..................  EUR                                   9.5              11              15              10
                                      Austria................  EUR                                   9.5              11              15              10
                                      Finland................  EUR                                   9.5              11              15              10
                                      USA....................  USD                                   9.5              11              15              10
                                      UK.....................  GBP                                   9.5              11              15              10
Supranationals & Agencies...........  EFSB...................  EUR                                   9.5              13              15              10
                                      ESM....................  EUR                                   9.5              13              15              10
                                      EIB....................  EUR                                   9.5              13              15              10
                                      EU.....................  EUR                                   9.5              13              15              10
                                      IBRD...................  EUR                                   9.5              13              15              10
                                      KfW....................  EUR                                   9.5              13              15              10
                                      Rentenbank.............  EUR                                   9.5              13              15              10
Equities............................  As listed in Haircut     EUR                                   N/A              13             N/A             N/A
                                       Schedule.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    From November 1st, 2021, LCH SA is proposing to extend the scope of
instruments eligible as collateral to the government bonds issued by
the following countries and denominated in their domestic currencies:
Australia, Canada, Denmark, Japan, Norway, Sweden and Switzerland.
    As such, LCH SA needs to update its existing non-cash collateral
fee grid for both House and Client clearing activities. As mentioned
before, various factors are taken into consideration when defining the
fee to be charged for a given security. For this initiative, LCH SA has
considered a combination of elements such as the impossibility to use
these securities as collateral with the European Central Bank (ECB) for
liquidity management purposes, the relative appetite of the membership
for this new collateral and the operational costs and constraints that
the management of those securities create for the CCP (incl. their
impact on LCH SA Liquidity Coverage Ratio).
    As specified in the fee grid attached [sic] as Exhibit 5, the
purpose of the Proposed Rule Change is to define the fee to be charged
for the new scope of eligible collateral (13bps for House and 10 bps
for Client clearing activities). The difference between the fee charged
for House versus Client collateral is mainly driven by commercial
reasons in consultation with CDSClear clearing members. Client clearing
of CDS is reasonably recent in Europe. Given the limited scope of CDS
instruments and categories of buy-side counterparties included in the
scope of the European Clearing Obligation for CDS, LCH SA believes that
expanding the list of eligible collateral as well as setting a more
attractive collateral fee for Clients of the CDSClear service will
incentivise further buy-side firms to clear a bigger share of their
Credit Derivatives portfolio.
    No amendments to the LCH SA CDS Clearing Rules are required for
these changes to become effective.
2. Statutory Basis
    Section 17A(b)(3)(D) of the Act requires that the rules of a
clearing agency provide for the equitable allocation of reasonable
dues, fees, and other charges.\7\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1(b)(3)(D).
---------------------------------------------------------------------------

    LCH SA believes that its clearing fee change proposal is consistent
with the requirements of Section 17A of the Act \8\ and the regulations
thereunder applicable to it, and in particular provides for the
equitable allocation of reasonable fees, dues, and other charges among
clearing members and market participants by ensuring that clearing
members and clients pay reasonable fees and dues for the services
provided by LCH SA, within the meaning of Section 17A(b)(3)(D) of the
Act.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    As explained in our approved filing LCH SA-2021-002,\9\ contrary to
European government bonds, the new collateral scope is not eligible at
the ECB to be used as collateral against cash in Euros, which in turn
impacts how LCH SA monitors and manages its

liquidity resources. It therefore represents additional operational
costs that are amongst other things captured in the pricing difference.
That is why, the proposed fee change balances appropriately commercial
conditions and the impacts on the liquidity of the CCP induced by
additional non-euro denominated securities.
---------------------------------------------------------------------------

    \9\ Self-Regulatory Organizations; LCH SA; Order Approving
Proposed Rule Change Relating to Eligible Collateral and Liquidity
Risk Management, Exchange Act Release No. 34-93176 (Sept. 29, 2021);
86 FR 55061 (Oct. 5, 2021). File No. SR-LCH SA-2021-002.
---------------------------------------------------------------------------

    The fee charged to clients of LCH SA CDSClear service is unchanged
compared to existing securities as LCH SA wanted to preserve
consistency in the pricing for clients of LCH SA CDSClear service.
    Additionally, today, CDSClear members and their clients mainly post
cash collateral currently and LCH SA does not foresee that the proposed
fee changes will alter current market practice amongst CDSClear's
members and clients or will have any material impact on CDSClear's
revenues. Indeed, the initiative is simply widening the list of
eligible collateral as well as setting the associated fee for the new
securities. It does not make any change to the fees charged on the
existing list of eligible collateral and as such won't impact at all
any of the current clearing members. Any clearing member wishing to
deposit newly added securities as collateral for LCH SA will be able to
do so knowing in advance the associated fee. Any clearing member not
wishing to use the new range of eligible collateral for whatever reason
will remain perfectly free to do so as well.
    For all the reasons stated above, LCH SA believes that the proposed
fee rates are reasonable and have been set up at an appropriate level
given the costs, expenses and revenues generated to LCH SA in providing
these expanded collateral management services.

B. Clearing Agency's Statement on Burden on Competition

    Section 17A(b)(3)(I) of the Act requires that the rules of a
clearing agency not impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act.\10\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78q-1(b)(3)(I).
---------------------------------------------------------------------------

    LCH SA does not believe that the proposed rule change would impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
    LCH SA is offering the possibility for CDSClear members and clients
to post a greater scope of instruments as eligible margin collateral.
Additionally, the proposed fee change will apply equally to all
CDSClear clearing members and is not expected to have any potential
disparate outcomes on any of them. Finally, the fee rate changes will
not adversely affect the ability of such members or other market
participants generally to engage in cleared transactions or to access
LCH SA's clearing services.
    Further, as explained above, LCH SA believes that the fee rates
have been set up at an appropriate level given the costs and expenses
to LCH SA in offering the relevant clearing services.

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

    The foregoing proposed rule change has become effective upon filing
pursuant to Section 19(b)(3)(A) \11\ of the Act and Rule 19b-4(f)(2)
\12\ thereunder because it establishes a fee or other charge imposed by
LCH SA on its Clearing Members. At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such proposed rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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:
     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to [email protected]. Please include
File Number SR-LCH SA-2021-003 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-LCH SA-2021-003. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filings will also be available for inspection
and copying at the principal office of LCH SA and on LCH SA's website
at https://www.lch.com/resources/rulebooks/proposed-rule-changes. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-LCH SA-2021-003 and should
be submitted on or before December 1, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

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

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-24528 Filed 11-9-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Notices]
[Page 3135]
[FR Doc No: 2022-01061]

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

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-523, OMB Control No. 3235-0585]

Submission for OMB Review; Comment Request; Extension: Rule
206(4)-7

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

    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'') has submitted to the Office of
Management and Budget (``OMB'') a request for extension of the
previously approved collection of information discussed below.
    The title for the collection of information is ``Investment
Advisers Act rule 206(4)-7, 17 CFR Sec. 275.206(4)-7, Compliance
procedures and practices.'' This collection of information is found at
17 CFR 275.206(4)-7, and is mandatory. Rule 206(4)-7 under the
Investment Advisers Act of 1940 (``Advisers Act'') requires each
investment adviser registered with the Commission to (1) adopt and
implement written policies and procedures reasonably designed to
prevent violations of the Advisers Act and its rules, (2) review those
compliance policies and procedures annually, and (3) designate a chief
compliance officer who is responsible for administering the compliance
policies and procedures. The rule is designed to protect investors by
fostering better compliance with the securities laws. The collection of
information under rule 206(4)-7 is necessary to help ensure that
investment advisers maintain comprehensive internal programs that
promote the advisers' compliance with the Advisers Act and its rules.
The Commission's examination and oversight staff may review the
information collected to assess investment advisers' compliance
programs. Responses provided to the Commission pursuant to the rule in
the context of the Commission's examination and oversight program are
generally 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 control number.
    The respondents to this information collection are investment
advisers registered with the Commission. Updated data indicate that
there were 14,376 advisers registered with the Commission as of August
2021. Each respondent would produce one response, per year. Commission
staff has estimated that compliance with rule 206(4)-7 imposes an
annual burden of approximately 90 hours per response. Based on this
figure, Commission staff estimates a total annual burden of 1,293,840
hours for this collection of information.
    The public may view the background documentation for this
information collection at the following website, www.reginfo.gov.
Comments should be directed to: (1) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
[email protected]; and (2) 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]. Written comments and recommendations for the
proposed information collection should be sent within 30 days of
publication of this notice to www.reginfo.gov/public/do/PRAMain. Find
this particular information collection by selecting ``Currently under
30-day Review--Open for Public Comments'' or by using the search
function.

    Dated: January 14, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-01061 Filed 1-19-22; 8:45 am]
BILLING CODE 8011-01-P