[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Rules and Regulations]
[Pages 16105-16106]
[FR Doc No: 2017-06472]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0175]

Drawbridge Operation Regulation; Lake Washington Ship Canal,
Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Fremont Bridge, mile 2.6, and the
University Bridge, mile 4.3, both crossing the Lake Washington Ship
Canal at Seattle, WA. The deviation is necessary to accommodate the
Brooks Trailhead 10K & 15K foot race event. This deviation allows the
bridges to remain in the closed-to-navigation position to allow for the
safe movement of event participants.

DATES: This deviation is effective from 8 a.m. to 10:15 a.m. on April
22, 2017.

ADDRESSES: The docket for this deviation, USCG-2017-0175 is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Seattle Department of Transportation
requested a temporary deviation from the operating schedule for the
Fremont Bridge, mile 2.6, and the University Bridge, mile 4.3, both
crossing the Lake Washington Ship Canal at Seattle, WA, to facilitate
safe passage of participants in the Brooks Trailhead 10K & 15K foot
race event. The Fremont Bridge provides a vertical clearance of 14 feet
(31 feet of vertical clearance for the center 36 horizontal feet) in
the closed-to-navigation position. The University Bridge provides a
vertical clearance of 30 feet in the closed-to-navigation position.
Both bridge clearances are referenced to the mean water elevation of
Lake Washington. The normal operating schedule for both the Fremont
Bridge and the University Bridge is in 33 CFR 117.1051. During this
deviation period, the Fremont Bridge need not open to marine vessels
from 8:15 a.m. to 10:15 a.m. on April 22, 2017 and the University
Bridge need not open to marine vessel from 8 a.m. to 8:30 a.m. on April
22, 2017. Waterway usage on the Lake Washington Ship Canal ranges from
commercial tug and barge to small pleasure craft.
    Vessels able to pass through the bridges in the closed-to-
navigation positions may do so at anytime. Both bridges will be able to
open for emergencies, and there is no immediate alternate route for
vessels to pass. The Coast Guard will also inform the users of the
waterway through our Local and Broadcast Notices to Mariners of the
change in operating schedule for the

bridge so that vessels can arrange their transits to minimize any
impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), both drawbridges must return
to their regular operating schedule immediately at the end of the
designated time period. This deviation from the operating regulations
is authorized under 33 CFR 117.35.

    Dated: March 28, 2017.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2017-06472 Filed 3-31-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Notices]
[Page 19770]
[FR Doc No: 2017-08565]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80511]

Order Granting Petition for Review and Scheduling Filing of
Statements; in the Matter of Bats BZX Exchange, Inc.; Regarding an
Order Disapproving a Proposed Rule Change, as Modified by Amendments
No. 1 and 2, to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, To
List and Trade Shares Issued by the Winklevoss Bitcoin Trust

April 24, 2017.
    This matter comes before the Securities and Exchange Commission
(``Commission'') on petition to review the disapproval, through
delegated authority, of the Bats BZX Exchange, Inc. (``BZX'') proposed
rule change to list and trade shares of the Winklevoss Bitcoin Trust as
Commodity-Based Trust Shares under BZX Rule 14.11(e)(4).
    On July 8, 2016, the Commission issued a notice of filing of the
proposed rule change filed with the Commission pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (``Exchange Act'') \1\
and Rule 19b-4 \2\ thereunder.\3\ On August 23, 2016, the Commission
designated a longer time period within which to act on the proposed
rule change.\4\ On October 12, 2016, the Commission instituted
proceedings under Section 19(b)(2)(B) of the Exchange Act \5\ to
determine whether to approve or disapprove the proposed rule change.\6\
On January 4, 2017, the Commission designated a longer period for
Commission action on the proposed rule change.\7\ After consideration
of the record in the proposed rule change, the Division of Trading and
Markets (``Division''), pursuant to delegated authority,\8\ issued an
order disapproving the proposed rule change (``Disapproval Order'') on
March 10, 2017.\9\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Notice of Filing of a Proposed Rule Change to BZX Rule
14.11(e)(4), Commodity-Based Trust Shares, to List and Trade
Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust,
Securities Exchange Act of 1934, Release No. 78262 (July 8, 2016),
81 FR 45554 (July 14, 2016).
    \4\ Notice of Designation of a Longer Period for Commission
Action on Proposed Rule Change to BZX Rule 14.11(e)(4), Commodity-
Based Trust Shares, to List and Trade Winklevoss Bitcoin Shares
Issued by the Winklevoss Bitcoin Trust, Securities Exchange Act of
1934, Release No. 78653 (August 23, 2016), 81 FR 59256 (August 29,
2016).
    \5\ 15 U.S.C. 78s(b)(2)(B).
    \6\ Order Instituting Proceedings to Determine Whether to
Approve or Disapprove a Proposed Rule Change to BZX Rule
14.11(e)(4), Commodity-Based Trust Shares, to List and Trade
Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust,
Securities Exchange Act of 1934, Release No. 79084 (October 12,
2016), 81 FR 71778 (October 18, 2016). On October 20, 2016, BZX
filed Amendment No. 1 to the proposed rule change, replacing the
original filing in its entirety. See Exchange Act Release No. 79183
(October 28, 2016), 81 FR 76650 (November 3, 2016).
    \7\ Notice of Designation of a Longer Period for Commission
Action on Proceedings to Determine Whether to Approve or Disapprove
a Proposed Rule Change, as Modified by Amendment No. 1, to BZX Rule
14.11(e)(4), Commodity-Based Trust Shares, to List and Trade
Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust,
Securities Exchange Act of 1934, Release No. 79725 (January 4,
2017), 82 FR 2425 (January 9, 2017). On February 22, 2017, BZX filed
Amendment No. 2 to the proposed rule change, which did not
materially alter the substance of the proposed rule change.
Amendment No. 2 is available on the Commission's Web site at https://www.sec.gov/comments/sr-batsbzx-2016-30/batsbzx201630-1594698-132357.pdf.
    \8\ 17 CFR 200.30-3(a)(12).
    \9\ Order Disapproving a Proposed Rule Change, as Modified by
Amendments No. 1 and 2, to BZX Rule 14.1(e)(4), Commodity-Based
Trust Shares, to List and Trade Shares Issued by the Winklevoss
Bitcoin Trust, Securities Exchange Act of 1934, Release No. 80206
(March 10, 2017), 82 FR 14076 (March 16, 2017).
---------------------------------------------------------------------------

    On March 24, 2017, pursuant to Rule 430 of the Rules of
Practice,\10\ BZX filed a petition for review of the Disapproval Order.
Pursuant to Rule 431 of the Rules of Practice,\11\ BZX's petition for
review of the Disapproval Order is granted. Further, the Commission
hereby establishes that any party to the action or other person may
file a written statement in support of or in opposition to the
Disapproval Order on or before May 15, 2017.
---------------------------------------------------------------------------

    \10\ 17 CFR 201.430.
    \11\ 17 CFR 201.431.
---------------------------------------------------------------------------

    For the reasons stated above, it is hereby:
    Ordered that the petition of BZX for review of the Division's
action to disapprove the proposed rule change by delegated authority be
granted; and
    It is further ordered that any party or other person may file a
statement in support of or in opposition to the action made pursuant to
delegated authority on or before May 15, 2017.
    The order disapproving such proposed rule change shall remain in
effect.

    By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-08565 Filed 4-27-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Proposed Rules]
[Page 57863]
[FR Doc No: 2022-20476]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 218

[Docket No. FRA-2021-0032, Notice No. 2]
RIN 2130-AC88

Train Crew Size Safety Requirements

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Proposed rulemaking; extension of comment period.

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SUMMARY: On July 28, 2022, FRA published a notice of proposed
rulemaking (NPRM) that would require establishing safe minimum
requirements for the size of train crews, depending on the type of
operation. FRA is announcing a 67-day extension to the original comment
period, which ends on September 26, 2022, and announcing that it will
schedule a public hearing (within the extended comment period) in a
forthcoming notification to provide interested persons an opportunity
to comment on the proposal and to discuss further development of the
regulation.

DATES: Written Comments: The comment period for the proposed rule
published at 87 FR 45564 on July 28, 2022, is extended. FRA must
receive written comments on the proposed rule by December 2, 2022. FRA
will consider comments received after that date to the extent
practicable.
    FRA will publish a supplemental notification in the Federal
Register to inform interested parties of the date, time, and how to
participate in the public hearing once it is scheduled.

ADDRESSES:
    Comments: Comments related to Docket No. FRA-2021-0032 may be
submitted by going to https://www.regulations.gov and following the
online instructions for submitting comments.
    Instructions: All submissions must include the agency name, docket
number (FRA-2021-0032), and Regulatory Identification Number (RIN) for
this rulemaking (2130-AC88). All comments received will be posted
without change to https://www.regulations.gov; this includes any
personal information. Please see the Privacy Act heading in the
SUPPLEMENTARY INFORMATION section of this document for Privacy Act
information related to any submitted comments or materials.
    Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov and follow the
online instructions for accessing the docket.

FOR FURTHER INFORMATION CONTACT: Kevin Lewis, Operating Crew
Certification Specialist, U.S. Department of Transportation, Federal
Railroad Administration, telephone:<PHONE_NUMBER>, email:
[email protected]; or Alan H. Nagler, Senior Attorney, U.S.
Department of Transportation, Federal Railroad Administration,
telephone:<PHONE_NUMBER>, email: [email protected].

SUPPLEMENTARY INFORMATION:

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, to www.regulations.gov, as described in the
system of records notice, DOT/ALL-14 FDMS, accessible through https://www.transportation.gov/privacy. To facilitate comment tracking and
response, we encourage commenters to provide their name, or the name of
their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments will be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.

    Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022-20476 Filed 9-21-22; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Rules and Regulations]
[Pages 8305-8308]
[FR Doc No: 2021-02477]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0015; Project Identifier MCAI-2021-00014-T;
Amendment 39-21408; AD 2021-03-05]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A318, A319, A320, and A321 series airplanes. This AD
was prompted by a report that following accomplishment of tap tests on
certain modified rudders, disbonding of the rudder was found close to
the lightning protection plate. This AD requires inspections of the
left- and right-hand rudder side shells for defects, and applicable
corrective actions, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective February 22, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 22,
2021.
    The FAA must receive comments on this AD by March 22, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49
221 8999 000; email<EMAIL_ADDRESS>internet www.easa.europa.eu.
You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2021-0015.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0015; 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 AD, any comments received, and other information. The street
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0002, dated January 6, 2021
(EASA AD 2021-0002) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A318 series airplanes; Model A319 series
airplanes; Model A320-211, -212, -214, -215, -216, -231, -232, -233, -
251N, -252N, -253N, -271N, -272N and -273N airplanes; and Model A321
series airplanes. Model A320-215 airplanes are not certified by the FAA
and are not included on the U.S. type certificate data sheet; this AD
therefore does not include those airplanes in the applicability.
    This AD was prompted by a report that following accomplishment of
tap tests on rudders that were modified using the procedures in
previously issued service information (Airbus Service Bulletin A320-55-
1052 dated July 28, 2017, Revision 01, dated January 28, 2015, and
Revision 02, dated July 11, 2019, or Airbus Service Bulletin A320-55-
1059, dated March 8, 2018), disbonding of the rudder was found close to
the lightning protection plate. Investigation results determined that
those procedures may lead to inadequate curing of the affected part
after modification. The FAA is issuing this AD to address disbonding of
the rudder, which could result in reduced structural integrity of the
rudder, and consequent reduced controllability of the airplane.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0002 describes procedures for a one-time general
visual inspection and a special detailed inspection (woodpecker or tap
test) of the left- and right-hand rudder side shells for defects
(including bulging, waviness, and disbonding) and applicable corrective
actions. The corrective actions include accomplishing a special
detailed inspection of any affected part with defects and a temporary
and eventual permanent repair of the defects. EASA AD 2021-0002 also
prohibits modification of a rudder using the procedures in previously
issued service information. This material is reasonably

available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

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 the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD because the FAA evaluated
all pertinent information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2021-0002 described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2021-0002
is incorporated by reference in this final rule. This AD, therefore,
requires compliance with EASA AD 2021-0002 in its entirety, through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this AD. Using common terms that are the same
as the heading of a particular section in the EASA AD does not mean
that operators need comply only with that section. For example, where
the AD requirement refers to ``all required actions and compliance
times,'' compliance with this AD requirement is not limited to the
section titled ``Required Action(s) and Compliance Time(s)'' in the
EASA AD. Service information specified in EASA AD 2021-0002 that is
required for compliance with EASA AD 2021-0002 is available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0015.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because disbonding of the left- and right-hand rudder side shells could
result in reduced structural integrity of the rudder, and consequent
reduced controllability of the airplane. In addition, the compliance
time for the required action is shorter than the time necessary for the
public to comment and for publication of the final rule. Therefore, the
FAA finds good cause that notice and opportunity for prior public
comment are impracticable. In addition, for the reasons stated above,
the FAA finds that good cause exists for making this amendment
effective in less than 30 days.

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0015; Project Identifier MCAI-
2021-00014-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Sanjay
Ralhan, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Regulatory Flexibility Act (RFA)

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

Costs of Compliance

    The FAA estimates that this AD affects 1,630 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Up to 16 work-hours x $85 per hour = Up               $0  Up to $1,360..............  Up to $2,216,800.
 to $1,360.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions specified
in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more

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

Regulatory Findings

    The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

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:

2021-03-05 Airbus SAS: Amendment 39-21408; Docket No. FAA-2021-0015;
Project Identifier MCAI-2021-00014-T.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 22,
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes, certificated in any
category, as identified in paragraphs (c)(1) through (4) of this AD.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX,
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Reason

    This AD was prompted by a report that following accomplishment
of tap tests on rudders that were modified using the procedures in
certain previously issued service information, disbonding of the
rudder was found close to the lightning protection plate.
Investigation results determined that those procedures may lead to
inadequate curing of the affected part after modification. The FAA
is issuing this AD to address disbonding of the rudder, which could
result in reduced structural integrity of the rudder, and consequent
reduced controllability of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0002, dated January 6, 2021 (EASA AD 2021-0002).

(h) Exceptions to EASA AD 2021-0002

    (1) Where EASA AD 2021-0002 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2021-0002 specifies to comply with ``the
instructions of the AOT,'' this AD requires using the words ``the
procedures marked as required for compliance (RC) in the AOT.''
    (3) The ``Remarks'' section of EASA AD 2021-0002 does not apply
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0002
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2019-0316 that contains RC procedures and
tests: Except as required by paragraph (j)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0002,
dated January 6, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0002, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des

Moines, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2021-0015.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 23, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-02477 Filed 2-3-21; 2:00 pm]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Rules and Regulations]
[Pages 59247-59250]
[FR Doc No: 2011-24455]

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

Food and Drug Administration

21 CFR Parts 25, 173, 175, 177, 178, 182, and 184

[Docket No. FDA-2011-N-0011]

Environmental Impact Considerations, Food Additives, and
Generally Recognized As Safe Substances; Technical Amendments

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendments.

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

SUMMARY: The Food and Drug Administration (FDA) is amending certain
regulations regarding environmental impact considerations, food
additives, and generally recognized as safe (GRAS) substances to
correct minor errors in the Code of Federal Regulations (CFR). This
action is editorial in nature and is intended to provide accuracy and
clarity to the Agency's regulations.

DATES: This rule is effective October 3, 2011.

FOR FURTHER INFORMATION CONTACT: Ellen M. Waldron, Center for Food
Safety and Applied Nutrition (HFS-206), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740-3835,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: FDA is amending certain regulations in parts
25, 173, 175, 177, 178, 182, and 184 (21 CFR parts 25, 173, 175, 177,
178, 182, and 184). Minor errors were inadvertently published in the
CFR affecting certain regulations regarding environmental impact
considerations (part 25), food additives (parts 173, 175, 177, and
178), and GRAS substances (parts 182 and 184). This action makes the
needed corrections.
    The final rule contains no collection of information. Therefore,
clearance by the Office of Management and Budget under the Paperwork
Reduction Act of 1995 is not required.
    Publication of this document constitutes final action of these
changes under the Administrative Procedure Act (5 U.S.C. 553). These
amendments are merely correcting nonsubstantive errors. FDA therefore,
for good cause, finds under 5 U.S.C. 553(b)(3)(B) and (d)(3) that
notice and public comment are unnecessary. The changes addressed in
this document are as follows:
    1. The Agency is correcting typographical errors. Two chemical
names are corrected: Polytetrafluoroethylene in Sec.  175.105 and
dialkyl (C8-C18) dimethylammonium chloride in
Sec.  177.2600. Two chemical formulas are corrected: N,N-B-is(2-
hydroxyethyl) alkylamine, where the alkyl groups (C14-
C18) are derived from tallow in Sec.  178.3130, and
MnCl2 in Sec.  184.1446.
    2. The Agency is also correcting five Chemical Abstract Service
registry numbers (CAS Reg. Nos.) that are incorrectly listed: 123-93-5
in Sec.  173.375, 1302-78-9 in Sec.  184.1155, 7758-99-8 in Sec.
184.1261, 10024-66-5 in Sec.  184.1449, and 10025-69-1 in Sec.
184.1845.
    3. The Agency is updating citations. The two citations in 21 CFR
182.99 are updated to 40 CFR 180.910 and 40 CFR 180.920 due to a recent
U.S. Environmental Protection Agency regulation. A citation in Sec.
25.32 is updated. Section 25.32(p) refers to a petition pertaining to
the label declaration of ingredients as described in Sec.  101.103 (21
CFR 101.103). However, FDA revoked Sec.  101.103 on June 3, 1996 (61 FR
27771 at 27779) because it duplicated the procedures in 21 CFR 10.30
for citizen petitions.
    4. The Agency is amending tables in Sec. Sec.  175.300 and
177.1210.
    5. Finally, the Agency is updating Sec.  184.1165. Under Sec.
184.1165(a), both n-butane and iso-butane are described as odorless.
However, the Food Chemicals Codex, 7th Edition (2010) \1\ does not use
the word ``odorless'' to describe the gases. Therefore, the Agency is
amending its description by removing the word ``odorless.''
---------------------------------------------------------------------------

    \1\ Food Chemicals Codex, 7th Edition, pp. 115 and 529,
Rockville, MD: United States Pharmacopeial Convention, 2010.
---------------------------------------------------------------------------

List of Subjects

21 CFR Part 25

    Environmental impact statements, Foreign relations, Reporting and
recordkeeping requirements.

21 CFR Part 173

    Food additives.

21 CFR Part 175

    Adhesives, Food additives, Food packaging.

21 CFR Part 177

    Food additives, Food packaging.

21 CFR Part 178

    Food additives, Food packaging.

21 CFR Part 182

    Food ingredients, Food packaging, Spices and flavorings.

21 CFR Part 184

    Food additives.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR parts
25, 173, 175, 177, 178, 182, and 184 are amended as follows:

PART 25--ENVIRONMENTAL IMPACT CONSIDERATIONS

0
1. The authority citation for 21 CFR part 25 continues to read as
follows:

    Authority: 21 U.S.C. 321-393; 42 U.S.C. 262, 263b-264; 42 U.S.C.
4321, 4332; 40 CFR parts 1500-1508; E.O. 11514, 35 FR 4247, 3 CFR,
1971 Comp., p. 531-533 as amended by E.O. 11991, 42 FR 26967, 3 CFR,
1978 Comp., p. 123-124 and E.O. 12114, 44 FR 1957, 3 CFR, 1980
Comp., p. 356-360.

0
2. Section 25.32 is amended by revising paragraph (p) to read as
follows:

Sec.  25.32  Foods, food additives, and color additives.

* * * * *
    (p) Issuance, amendment, or revocation of a regulation in response
to a reference amount petition as described in Sec.  101.12(h) of this
chapter, a nutrient content claim petition as described in Sec.  101.69
of this chapter, a health claim petition as described in Sec.  101.70
of this chapter, or a petition pertaining to the label declaration of
ingredients as described in Sec.  10.30 of this chapter.
* * * * *

PART 173--SECONDARY DIRECT FOOD ADDITIVES PERMITTED IN FOOD FOR
HUMAN CONSUMPTION

0
3. The authority citation for 21 CFR part 173 continues to read as
follows:

    Authority: 21 U.S.C. 321, 342, 348.

0
4. Section 173.375 is amended by revising the introductory text to read
as follows:

Sec.  173.375  Cetylpyridinium chloride.

    Cetylpyridinium chloride (CAS Reg. No. 123-93-5) may be safely used
in food in accordance with the following conditions:
* * * * *

PART 175--INDIRECT FOOD ADDITIVES: ADHESIVES AND COMPONENTS OF
COATINGS

0
5. The authority citation for 21 CFR part 175 continues to read as
follows:

    Authority: 21 U.S.C. 321, 342, 348, 379e.

Sec.  175.105  [Amended]

0
6. Section 175.105 is amended in the table in paragraph (c)(5), in the
``Substances'' column, by removing the entry for
``Polytretrafluoroethylene'' and by adding in its place the entry for
``Polytetrafluoroethylene.''

0
7. Section 175.300 is amended by revising Table 2 in paragraph (d) to
read as follows:

Sec.  175.300  Resinous and polymeric coatings.

* * * * *
    (d) * * *

    Table 2--Test Procedures for Determining Amount of Extractives From Resinous or Polymeric Coatings, Using Solvents Simulating Types of Foods and
                                                                        Beverages
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Extractant
                                      Types of food (see  ----------------------------------------------------------------------------------------------
         Condition of use                  Table 1)                                            Heptane\1,2\ (time and           8% alcohol (time and
                                                            Water (time and temperature)            temperature)                    temperature)
--------------------------------------------------------------------------------------------------------------------------------------------------------
A. High temperature heat-           I, IV-B..............  250 [deg]F, 2 hr..............  ..............................  .............................
 sterilized (e.g., over 212
 [deg]F).
                                    III, IV-A, VII.......  do............................  150 [deg]F, 2 hr..............  .............................
B. Boiling water-sterilized.......  II...................  212 [deg]F, 30 min............  ..............................  .............................
                                    III, VII.............  do............................  120 [deg]F, 30 min............
C. Hot filled or pasteurized above  II, IV-B.............  Fill boiling, cool to 100       ..............................  .............................
 150 [deg]F.                                                [deg]F.
                                    III, IV-A............  do............................  120 [deg]F, 15 min............  .............................
                                    V....................  ..............................  do............................  .............................
D. Hot filled or pasteurized below  II, IV-B, VI-B.......  150 [deg]F, 2 hr..............  ..............................  .............................
 150 [deg]F.
                                    III, IV-A............  do............................  100 [deg]F, 30 min............  .............................
                                    V....................  ..............................  do............................  .............................
                                    VI-A.................  ..............................  ..............................  150 [deg]F, 2 hr.
E. Room temperature filled and      II, IV-B, VI-B.......  120 [deg]F, 24 hr.............  ..............................  .............................
 stored (no thermal treatment in
 the container).
                                    III, IV-A............  do............................  70 [deg]F, 30 min.............  .............................
                                    V, VII...............  ..............................  do............................  .............................
                                    VI-A.................  ..............................  ..............................  120 [deg]F, 24 hr.
F. Refrigerated storage (no         I, II, III, IV-A, IV-  70 [deg]F, 48 hr..............  ..............................  .............................
 thermal treatment in the            B, VI-B,VII.
 container).
                                    VI-A.................  ..............................  ..............................  70 [deg]F, 48 hr.
G. Frozen storage (no thermal       I, II, III, IV-B, VII  70 [deg]F, 24 hr..............  ..............................  .............................
 treatment in the container).
H. Frozen storage: Ready-prepared
 foods intended to be reheated in
 container at time of use:
    1. Aqueous or oil in water      I, II, IV-B..........  212 [deg]F, 30 min............  ..............................  .............................
     emulsion of high or low fat.
    2. Aqueous, high or low free    III, IV-A, VII.......  do............................  120 [deg]F, 30 min............  .............................
     oil or fat.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Heptane extractant not to be used on wax-lined containers.
\2\ Heptane extractivity results must be divided by a factor of five in arriving at the extractivity for a food product.

* * * * *

PART 177--INDIRECT FOOD ADDITIVES: POLYMERS

0
8. The authority citation for 21 CFR part 177 continues to read as
follows:

    Authority: 21 U.S.C. 321, 342, 348, 379e.

0
9. Section 177.1210 is amended by revising Table 4 of paragraph (c) to
read as follows:

Sec.  177.1210  Closures with sealing gaskets for food containers.

* * * * *
    (c) * * *

 Table 4--Test Procedures With Time-Temperature Conditions for Determining Amount of Extractives From Closure-Sealing Gaskets, Using Solvents Simulating
                                                              Types of Foods and Beverages
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Extractant
                                      Types of food (see  ----------------------------------------------------------------------------------------------
         Conditions of use                 Table 3)                                             Heptane\1\ (time and            8% alcohol (time and
                                                            Water (time and temperature)            temperature)                    temperature)
--------------------------------------------------------------------------------------------------------------------------------------------------------
A. High temperature heat-           I, IV-B..............  250 [deg]F, 2 hr..............  ..............................  .............................
 sterilized (e.g., over 212
 [deg]F).
                                    III, IV-A, VII.......  do............................  150 [deg]F, 2 hr..............  .............................
B. Boiling water-sterilized.......  II...................  212 [deg]F, 30 min............  ..............................  .............................
                                    III, VII.............  do............................  120 [deg]F, 30 min............  .............................
C. Hot filled or pasteurized above  II, IV-B.............  Fill boiling, cool to 100       ..............................  .............................
 150 [deg]F.                                                [deg]F.
                                    III, IV-A............  do............................  120 [deg]F, 15 min............  .............................
                                    V....................  ..............................  do............................  .............................
D. Hot filled or pasteurized below  II, IV-B, VI-B.......  150 [deg]F, 2 hr..............  ..............................  .............................
 150 [deg]F.
                                    III, IV-A............  do............................  100 [deg]F, 30 min............  .............................
                                    V....................  ..............................  do............................  .............................
                                    VI-A.................  ..............................  ..............................  150 [deg]F, 2 hr.
E. Room temperature filled and      II, IV-B, VI-B.......  120 [deg]F, 24 hr.............  ..............................  .............................
 stored (no thermal treatment in
 the container).
                                    III, IV-A............  do............................  70 [deg]F, 30 min.............  .............................
                                    V....................  ..............................  do............................  .............................
                                    VI-A.................  ..............................  ..............................  120 [deg]F, 24 hr.
F. Refrigerated storage (no         I, II, III, IV-A, IV-  70 [deg]F, 48 hr..............  70 [deg]F, 30 min.............  .............................
 thermal treatment).                 B, VI-B,VII.
                                    VI-A.................  ..............................  ..............................  70 [deg]F, 48 hr.
G. Frozen storage (no thermal       I, II, III, IV-B, VII  70 [deg]F, 24 hr..............  ..............................  .............................
 treatment in the container).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Heptane extractant not applicable to closure-sealing gaskets overcoated with wax.

Sec.  177.2600  [Amended]

0
10. Section 177.2600 is amended in paragraph (c)(4)(ix) by removing the
entry for ``Dialkyl (C8-C18'' and by adding in
its place the entry for ``Dialkyl (C8-C18)
dimethylammonium chloride for use only as a flocculating agent in the
manufacture of silica.''

PART 178--INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND
SANITIZERS

0
11. The authority citation for 21 CFR part 178 continues to read as
follows:

    Authority: 21 U.S.C. 321, 342, 348, 379e.

Sec.  178.3130  [Amended]

0
12. Section 178.3130 is amended in the table in paragraph (b), in the
``List of Substances'' column, by removing the entry for ``N,N-Bis(2-
hydroxyethyl) alkylamine, where the alkyl groups (C1-
C18) are derived from tallow.'' and by adding in its place
the entry for ``N,N-Bis(2-hydroxyethyl) alkylamine, where the alkyl
groups (C14-C18) are derived from tallow.''

PART 182--SUBSTANCES GENERALLY RECOGNIZED AS SAFE

0
13. The authority citation for 21 CFR part 182 continues to read as
follows:

    Authority: 21 U.S.C. 321, 342, 348, 371.

0
14. Section 182.99 is revised to read as follows:

Sec.  182.99  Adjuvants for pesticide chemicals.

    Adjuvants, identified and used in accordance with 40 CFR 180.910
and 40 CFR 180.920, which are added to pesticide use dilutions by a
grower or applicator prior to application to the raw agricultural
commodity, are exempt from the requirement of tolerances under section
409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348).

PART 184--DIRECT FOOD SUBSTANCES AFFIRMED AS GENERALLY RECOGNIZED
AS SAFE

0
15. The authority citation for 21 CFR part 184 continues to read as
follows:

    Authority: 21 U.S.C. 321, 342, 348, 371.

0
16. Section 184.1155 is amended by revising the first sentence of
paragraph (a) to read as follows:

Sec.  184.1155  Bentonite.

    (a) Bentonite
(Al2O34SiO2nH2O, CAS Reg.
No. 1302-78-9) is principally a colloidal hydrated aluminum silicate. *
* *
* * * * *

0
17. Section 184.1165 is amended by revising the first sentence of
paragraph (a) to read as follows:

Sec.  184.1165  n-Butane and iso-butane.

    (a) n-Butane and iso-butane (empirical formula
C4H10, CAS Reg. Nos. 106-97-8 and 75-28-5,
respectively) are colorless, flammable gases at normal temperatures and
pressures. * * *
* * * * *

0
18. Section 184.1261 is amended by revising the first sentence of
paragraph (a) to read as follows:

Sec.  184.1261  Copper sulfate.

    (a) Copper sulfate (cupric sulfate, CuSO4[middot]5
H2O, CAS Reg. No. 7758-99-8)

usually is used in the pentahydrate form. * * *
* * * * *

0
19. Section 184.1446 is amended by revising the first sentence of
paragraph (a) to read as follows:

Sec.  184.1446  Manganese chloride.

    (a) Manganese chloride (MnCl2, CAS Reg. No. 7773-01-5)
is a pink, translucent, crystalline product. * * *
* * * * *

0
20. Section 184.1449 is amended by revising the first sentence of
paragraph (a) to read as follows:

Sec.  184.1449  Manganese citrate.

    (a) Manganese citrate
(Mn3(C6H5O7)2,
CAS Reg. No. 10024-66-5) is a pale orange or pinkish white powder. * *
*
* * * * *

0
21. Section 184.1845 is amended by revising the fourth sentence of
paragraph (a) to read as follows:

Sec.  184.1845  Stannous chloride (anhydrous and dehydrated).

    (a) * * * Dihydrated stannous chloride
(SnCl2[middot]2H2O, CAS Reg. No. 10025-69-1) is
the chloride salt of metallic tin that contains two molecules of water.
* * *
* * * * *

    Dated: September 19, 2011.
Susan Bernard,
Acting Director, Office of Regulations, Policy and Social Sciences,
Center for Food Safety and Applied Nutrition.
[FR Doc. 2011-24455 Filed 9-23-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 85, Number 215 (Thursday, November 5, 2020)]
[Notices]
[Pages 70701-70702]
[FR Doc No: 2020-24497]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90297; File No. SR-NYSEArca-2020-54]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To Amend NYSE Arca Rule 5.3-E To Exempt Registered Investment
Companies that List Certain Categories of the Securities Defined as
Derivative and Special Purpose Securities Under NYSE Arca Rules From
Having To Obtain Shareholder Approval Prior to the Issuance of
Securities in Connection With Certain Acquisitions of the Stock or
Assets of an Affiliated Company

October 30, 2020.
    On August 28, 2020, NYSE Arca, Inc. filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend NYSE Arca Rule 5.3-E
(Corporate Governance and Disclosure Policies) to exempt certain
categories of derivative and special purpose securities from the
requirement to obtain shareholder approval prior to the issuance of
securities in connection with certain acquisitions of the stock or
assets of another company. The

proposed rule change was published for comment in the Federal Register
on September 17, 2020.\3\ The Commission has received no comment
letters on the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 89834 (September 11,
2020), 85 FR 58090.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is November 1, 2020. The Commission is extending this 45-day time
period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\5\ designates December 16, 2020, as the date by which the
Commission shall either approve or disapprove, or institute proceedings
to determine whether to disapprove, the proposed rule change (File
Number SR-NYSEArca-2020-54).
---------------------------------------------------------------------------

    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2020-24497 Filed 11-4-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Notices]
[Pages 60898-60900]
[FR Doc No: 2013-23946]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0007]

Regulation on Definition and Requirements for a Nationally
Recognized Testing Laboratory; Revision of the Office of Management and
Budget's (OMB) Approval of Information Collection (Paperwork)
Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for comments.

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

SUMMARY: OSHA requests comments concerning its proposed revision and
extension of the information collection requirements specified by its
Regulation at 29 CFR 1910.7, ``definition and requirements for a
nationally recognized testing laboratory'' (The Regulation). The
Regulation specifies procedures that organizations must follow to apply
for, and to maintain, OSHA's recognition to test and certify equipment,
products, or material for safe use in the workplace.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before December 2, 2013.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: Submit comments and attachments electronically at
http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
    Regular or express mail, hand delivery, or messenger (courier)
service: Submit a copy of comments and any attachments to the OSHA
Docket Office, Docket No. OSHA-2010-0007, Technical Data Center, Room
N-2625, OSHA, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone:<PHONE_NUMBER> (TDY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express delivery, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 8:15 a.m.-4:45 p.m., e.t.

    Instructions: All submissions must include the Agency name and the
OSHA docket number for the Information Collection Request (ICR) (OSHA
Docket No. 2010-0007). OSHA will place all submissions, including any
personal information provided, in the public docket without revision,
and these submissions will be available online at http://www.regulations.gov.
    Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
Contact the OSHA Docket Office for assistance in locating docket
submissions.

FOR FURTHER INFORMATION CONTACT: Theda Kenney<EMAIL_ADDRESS>or
Todd Owen (owen.todd@dol.gov), Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-
3609, Washington, DC 20210; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent burden, conducts a preclearance consultation
program to provide the public with an opportunity to comment on
continuing information collection requirements in accordance with the
Paperwork Reduction Act of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)).
This program ensures that information is in the desired format,
reporting burden (time and costs) is minimal, collection instruments
are clearly understood, and OSHA's estimate of the information
collection burden is accurate. The Occupational Safety and Health Act
of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information
collection from employers as necessary or appropriate for enforcement
of the OSH Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
U.S.C. 657). The OSH Act also requires OSHA to obtain such information
with minimum burden upon employers, especially those operating small
businesses, and to reduce to the maximum extent feasible unnecessary
duplication of efforts in obtaining information (29 U.S.C. 657).
    A number of standards issued by OSHA contain requirements that
specify employers use only equipment, products, or material tested or
approved by a nationally recognized testing laboratory (NRTL). These
requirements ensure that employers use safe and efficacious equipment,
products, or materials in complying with the standards. Accordingly,
OSHA promulgated the regulation 29 CFR 1910.7, ``definition and
requirements for a nationally recognized testing laboratory'' (the
Regulation). The Regulation specifies procedures that organizations
must follow to apply for, and to maintain, OSHA's recognition to test
and certify equipment, products, or material for this purpose.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
    1. Whether the proposed information collection requirements are
necessary for the proper performance of the Agency's functions
including whether is useful;
    2. The accuracy of OSHA's estimate of the burden (time and costs)
of the information collection requirements, including the validity of
the methodology and assumptions used;
    3. The quality, utility, and clarity of the information collected;
and
    4. Ways to minimize the burden on organizations who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA proposes to revise and extend the Office of Management and
Budget's (OMB) approval of the collection of information requirements
specified by the Regulation on the Definition and Requirements of a
Nationally Recognized Testing Laboratory. In addition to extending its
current approval by OMB, the Agency proposes to include optional
standardized forms to facilitate and simplify the information
collection process as part of its information collection process. The
optional forms correspond to the application, expansion, and renewal
processes defined in the NRTL Program. Where practicable, the forms
will provide for automations such as drop down lists to increase ease
of use and reduce the information collection burden. The Agency expects
the use of the optional standardized forms to marginally reduce the
burden hours associated with these information collection requirements.
The Agency will summarize the comments submitted in response to this
notice, and will include this summary in its request to OMB to extend
and revise the approval of these information collection requirements.
    Type of Review: Revision of a currently approved collection.
    Title: Definition and Requirements of a Nationally Recognized
Testing Laboratory (29 CFR 1910.7).
    OMB Control Number: 1218-0147.
    Affected Public: Business or other for-profit.
    Number of Respondents: 68.
    Frequency of Recordkeeping: On occasion.
    Total Responses: 68.
    Average Time per Response: 160 hours for an organization to prepare
initial recognition applications to 16 hours for an annual site visit.
    Estimated Total Burden Hours: 1,458.
    Estimated Cost (Operation and Maintain): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically in the Federal eRulemaking Portal at http://www.regulations.gov under Docket Number OSHA-2010-0007; (2) by
facsimile (fax); or (3) by hard copy. For further information on
submitting comments by facsimile or in hard copy, please see the
section of this notice entitled ADDRESSES above. All comments,
attachments, and other material must identify the Agency name and the
OSHA docket number for the ICR (Docket No. OSHA-2010-0007). You may
supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://

www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's ``User
Tips'' link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to Section
8(g)(2) of the Occupational Safety and Health Act of 1970 (29 U.S.C.
657(g)(2)), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7. Signed at Washington, DC, on September 26,
2013.

David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-23946 Filed 10-1-13; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: May 7, 2007 (Volume 72, Number 87)]
[Notices]
[Page 25823-25824]
[DOCID:fr07my07-96]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55678; File No. SR-NASDAQ-2007-044]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Increase the Nasdaq Trading Rights Fee

April 27, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 25, 2007, The NASDAQ Stock Market LLC (``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 substantially by Nasdaq. Nasdaq filed the proposal
pursuant to Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
\4\ thereunder, as establishing or changing a member due, fee, or other
charge, which renders the proposed rule change effective upon filing
with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to increase the monthly trading rights fee paid by
Nasdaq members. Nasdaq will implement this proposed rule change on May
1, 2007. The text of the proposed rule change is available at Nasdaq,
http://www.nasdaq.com, and the Commission's Public Reference Room.

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

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

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

1. Purpose
    Nasdaq is increasing its monthly trading rights fee, which is
assessed on all Nasdaq members, from $200 to $500 per month. The fee
had initially been set at a level to ease the transition of the Nasdaq
Market Center's status as a facility of the NASD to a facility of a new
self-regulatory organization (``SRO''). Now that Nasdaq has an
established membership base, Nasdaq believes that the fee increase is

warranted to ensure that its monthly and annual membership fees fund a
greater portion of the cost of regulating the Nasdaq market. Nasdaq
believes that even with the fee increase, the cost of Nasdaq membership
is generally lower than the cost of membership in other SROs.\5\ In
this regard, it is particularly notable that unlike other SROs, Nasdaq
does not charge annual registration fees for each of a firm's
registered representatives.
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    \5\ See, e.g., New York Stock Exchange Price List 2007 at http://www.nyse.com/pdfs/2007pricelist.pdf
 (itemizing numerous

registration, regulation, and trading rights fees); NASD By-Laws
Schedule A, Section 1 at http://nasd.complinet.com/ nasd/display/

display.html?rbid=1189&element--id=1159000126; Chicago Stock
Exchange Fees and Assessments at http://wallstreet.cch.com/CHXtools/PlatformViewer.asp?SelectedNode=chp_1_1&manual=/CHX/Admin/chx-feesandassessments/
.

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    Nasdaq is also deleting language from Rule 7001 that waived the
application fee for NASD members applying for Nasdaq membership prior
to August 1, 2006.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\6\ in general, and with Section
6(b)(4) of the Act,\7\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which Nasdaq operates or controls. Nasdaq believes that an increased
monthly trading rights fee is a reasonable and equitable method of
ensuring that its monthly and annual membership fees fund a greater
portion of the cost of regulating the Nasdaq market, and that the
overall cost of Nasdaq membership is reasonable as compared with the
cost of membership in other SROs.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq 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.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received form 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

    The foregoing proposed rule change has become effective upon filing
with the Commission pursuant to Section 19(b)(3)(A)(ii) of the Act \8\
and Rule 19b-4(f)(2) thereunder,\9\ in that the proposed rule change
establishes or changes a member due, fee, or other charge imposed by
the self-regulatory organization. At any time within 60 days of the
filing of the proposed rule change, the Commission may summarily
abrogate such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 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:

Electronic Comments

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

File Number SR-NASDAQ-2007-044 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE,
Washington, DC 20549-1090. All submissions should refer to File Number
SR-NASDAQ-2007-044. This file number should be included on the subject
line if e-mail is used. To help the Commission process and review your
comments more efficiently, please use only one method. The Commission
will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent

amendments, all written statements with respect to the proposed rule
change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Room. Copies of such filing also will be available for
inspection and copying at the principal office of Nasdaq.
    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-2007-
044 and should be submitted on or before May 29, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-8596 Filed 5-4-07; 8:45 am]

BILLING CODE 8010-01-P