[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Rules and Regulations]
[Page 2383-2387]
[DOCID:fr15ja09-17]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-1153; FRL-8762-4]

Approval and Promulgation of Air Quality Implementation Plans;
Arkansas; Emissions Inventory for the Crittenden County Ozone Non-
Attainment Area; Emissions Statements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Arkansas State Implementation Plan (SIP) to meet the
Emissions Inventory and Emissions Statements requirements of the Clean
Air Act (CAA) for the Crittenden County ozone nonattainment area. EPA
is approving the SIP revision because it satisfies the Emissions
Inventory and Emissions Statements requirements for 8-hour ozone
nonattainment areas. EPA is approving the revision pursuant to section
110 of the CAA.

DATES: This direct final rule will be effective March 16, 2009 without
further notice unless EPA receives adverse comments by February 17,
2009. If adverse comments are received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-1153, by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov.
     Follow the online instructions for submitting comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/
region6/r6coment.htm. Please click on ``6PD (Multimedia)'' and select
``Air'' before submitting comments.
     E-mail: Mr. Guy Donaldson at<EMAIL_ADDRESS>Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number<PHONE_NUMBER>.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays, and not
on legal holidays. Special arrangements should be made for deliveries
of boxed information.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2007-
1153. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index,

some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays
except for legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below or Mr. Bill Deese at<PHONE_NUMBER>
to make an appointment. If possible, please make the appointment at
least two working days in advance of your visit. There will be a 15
cent per page fee for making photocopies of documents. On the day of
the visit, please check in at the EPA Region 6 reception area at 1445
Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection during
official business hours, by appointment, at the Arkansas Department of
Environmental Quality, 5301 Northshore Drive, North Little Rock, AR
72118-5317.

FOR FURTHER INFORMATION CONTACT: Dylan Van Dyne, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>; fax number
214-665-7263; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'', or ``our'' is used, we mean the EPA.

Outline

I. What Action is EPA Taking?
II. What is a SIP?
III. What is the Background for this Action?
IV. What is EPA's Evaluation of the Revision?
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    We are approving a revision to the Arkansas SIP, submitted to meet
the Emissions Inventory and Emissions Statement requirements of the CAA
for the Crittenden County 8-hour ozone non-attainment area.\1\ The
revision was adopted by the State of Arkansas on June 22, 2007, became
effective July 15, 2007, and was submitted to EPA on November 19, 2007.
We are approving the Emissions Inventory for Crittenden County because
it satisfies the Emissions Inventory requirements for 8-hour ozone
nonattainment areas classified as marginal or above. We are approving
the revisions to the Arkansas Regulations requiring Emissions
certification as meeting Emissions Statement requirements of the CAA.
We are approving the revision pursuant to section 110 of the CAA.
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    \1\ The Emissions Statement portion of the revision is a
statewide rule applying to all counties in Arkansas.
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    EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on March 16, 2009
without further notice unless we receive relevant adverse comment by
February 17, 2009. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.

II. What Is a SIP?

    Section 110 of the CAA requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
national ambient air quality standards (NAAQS) established by EPA.
NAAQS are established under section 109 of the CAA and currently
address six criteria pollutants: Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
    A SIP is a set of air pollution regulations, control strategies,
other means or techniques, and technical analyses developed by the
state, to ensure that the state meets the NAAQS. It is required by
section 110 and other provisions of the CAA. A SIP protects air quality
primarily by addressing air pollution at its point of origin. A SIP can
be extensive, containing state regulations or other enforceable
documents, and supporting information such as emissions inventories,
monitoring networks, and modeling demonstrations. Each state must
submit regulations and control strategies to EPA for approval and
incorporation into the federally-enforceable SIP.

III. What Is the Background for This Action?

    Inhaling even low levels of ozone, a key component of urban smog,
can trigger a variety of health problems including chest pains,
coughing, nausea, throat irritation, and congestion. It can also worsen
bronchitis and asthma, and reduce lung capacity. Volatile organic
compounds (VOC) and oxides of nitrogen (NOX) are known as
``ozone precursors'', as VOCs react with NOX, oxygen, and
sunlight to form ozone.
    EPA promulgated, on July 18, 1997, a revised 8-hour ozone standard
of 0.08 parts per million (ppm), which is more protective than the
previous 1-hour ozone standard (62 FR 38855).\2\ On April 30, 2004 EPA
published designations for the 1997 standard 8-hour ozone standard (69
FR 23858). Crittenden County, Arkansas and Memphis, Tennessee were
designated as an ozone nonattainment area; and the area was classified
as a moderate nonattainment area under subpart 2 with an attainment
date of no later than June 15, 2010. On July 15, 2004, pursuant to
section 181(a)(4) of the CAA, the States of Tennessee and Arkansas
submitted a petition to EPA Regions 4 and 6, requesting a downward
reclassification of the area ``moderate'' to ``marginal'' for the 8-
hour ozone standard. The petition was approved by EPA on September 22,
2004 (69 FR 56697). As a result of the downward classification, the new
attainment date for the area was set at no later than June 15, 2007 (73
FR 15087). The 1997 ozone standard was not attained by this date, so
the area was reclassified back to ``moderate'' on March 28, 2008, with
a new attainment date of no later than June 15, 2010 (73 FR 16547).
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    \2\ EPA issued a revised 8-hour ozone standard on March 27, 2008
(73 FR 16436). The designation and implementation process for that
standard is just starting and does not affect EPA's action here.
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    Sections 172(c)(3) and 182(a)(1) of the Clean Air Act (CAA) and
EPA's 8-hour ozone regulation (40 CFR 51.915) require submission of an
emissions inventory for each 8-hour ozone non-attainment area. An
emissions inventory is an estimation of actual emissions of air
pollutants in an area. The emissions inventory for an ozone
nonattainment area contains nitrogen oxide (NOX), volatile
organic compound (VOC), and carbon monoxide (CO) emissions as these
pollutants are precursors to ozone

formation. In this case, the emissions inventory is for the year 2002.
    CAA section 182(a)(3)(B) calls for the SIP to require that owners
or operators of each stationary source of NOX and VOC in an
ozone non-attainment area submit an annual emissions statement. The
emissions statement must show the actual emissions of NOX or
VOC and contain a certification that the information contained in the
statement is accurate to the best knowledge of the individual
certifying the statement.
    On December 22, 2006, the U.S. Court of Appeals for the District of
Columbia Circuit vacated EPA's Phase 1 Rule in South Coast Air Quality
Management Dist. v. EPA, 472 F.3d 882 (DC Cir. 2006). On June 8, 2007,
in response to several petitions for rehearing, the court modified the
scope of vacatur of the Phase 1 Rule. See 489 F.3d 1245 (DC Cir. 2007),
cert. denied, 128 S.Ct. 1065 (2008). The court vacated those portions
of the Phase 1 Rule that provide for regulation of the 1997 8-hour
ozone NAAQS in some nonattainment areas under Subpart 1 in lieu of
Subpart 2 and that allowed areas to revise their SIPs to no longer
require certain programs as they applied for purposes of the 1-hour
NAAQS; new source review, section 185 penalties, and contingency plans
for failure to meet RFP and attainment milestones. The decision does
not affect the requirements for areas classified under subpart 2, such
as the Crittenden area, to submit a base year emission inventory for
the 1997 8-hour ozone NAAQS. Litigation on the Phase 2 Rule is pending
before the D.C. Circuit Court of Appeals.
    On November 19, 2007, ADEQ submitted both the 2002 base year
emission inventory for the Crittenden County 8-hour ozone non-
attainment area and the certification statement requirement that was
added to the Arkansas Pollution Control and Ecology Commission's
Regulation Number 19 (Regulations of the Arkansas Plan of
Implementation for Air Pollution Control). These regulations require
each emission inventory is to be accompanied by a certifying statement
attesting that the information contained in the inventory is true and
accurate to the best knowledge of the certifying official.

IV. What Is EPA's Evaluation of the Revision?

    EPA has reviewed the revision for consistency with the requirements
of EPA regulations. A summary of EPA's analysis is provided below. For
a full discussion of our evaluation, please see our TSD.

A. Crittenden County Has an Approvable Base Year Emissions Inventory

    CAA sections 172(c)(3) and 182(a)(1) require an inventory of actual
emissions from all sources of relevant pollutants in the nonattainment
area. EPA strongly recommended using 2002 as the base year emissions
inventory. Arkansas has developed a 2002 base year inventory for the
Crittenden County nonattainment area. The 2002 base year emissions
inventory includes all point, area, non-road mobile, and on-road mobile
source emissions in all of Crittenden County. EPA has determined that
the inventory was developed in accordance with EPA guidelines, and that
the revised 2002 base year emission inventory is approvable. For more
information, see the TSD for this section. Table 1 lists the emissions
inventory for the Crittenden County area. For more detail on how
emissions inventories were estimated, see the Technical Support
Document.

                          Table 1--Base Year Emissions Inventory in Tons per Day (TPD)
----------------------------------------------------------------------------------------------------------------
                         Source category                                VOC             NOX             CO
----------------------------------------------------------------------------------------------------------------
Point...........................................................            2.21            1.05            0.35
Non-Point.......................................................            7.66            0.84           61.34
On-Road.........................................................            5.13            7.61           64.57
Non-Road........................................................            2.71           11.99           18.02
                                                                 -----------------------------------------------
    County total................................................           17.71           21.49          144.28
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B. The Arkansas Emissions Statement Regulation Is Approvable

    CAA section 182(a)(3)(B) calls for the SIP to require that owners
or operators of each stationary source of NOX and VOC in an
ozone non-attainment area submit an annual emissions statement. The
emissions statement must show the actual emissions of NOX or
VOC and contain a certification that the information contained in the
statement is accurate to the best knowledge of the individual
certifying the statement.
    Arkansas revised Regulation 19, Chapter 7 (Sampling, Monitoring,
and Reporting Requirements), to require emissions statements.
Regulation 19.705(D) states, ``Each emission inventory is to be
accompanied by a certifying statement, signed by the owner(s) or
operator(s) and attesting that the information contained in the
inventory is true and accurate to the best knowledge of the certifying
official. The certification shall include the full name, title,
signature, date of signature, and telephone number of the certifying
official.'' This revision is a statewide rule, applying to all counties
in Arkansas, not just Crittenden County.
    By requiring the owner or operator of each stationary source to
submit annual emissions statements of emissions of NOX and
VOCs, the revision to Regulation 19.705 meets the requirements of CAA
section 182(a)(3)(B).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described

in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 16, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.

    Dated: December 24, 2008.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart E--Arkansas

0
2. Section 52.170 is amended as follows:
0
a. The table in paragraph (c) entitled ``EPA Approved Regulations in
the Arkansas SIP'' is amended by revising the entry for Reg. 19.705;
0
b. Paragraph (e) is amended by adding a new table entitled ``EPA
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the
Arkansas SIP'' and an entry for the Crittenden County Emissions
Inventory.
    The revision and addition reads as follows:

Sec.  52.170  Identification of plan.

* * * * *
    (c) * * *

                                  EPA Approved Regulations In the Arkansas SIP
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                                                             State
          State citation              Title/subject       submittal/     EPA approval date         Comments
                                                        effective date
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                                                  * * * * * * *
Reg. 19.705......................  Recordkeeping and           6/22/07  1/15/09 [Insert FR
                                    Reporting                            page number where
                                    Requirements.                        document begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (e) * * *
* * * * *

             EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures In the Arkansas SIP
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                                        Applicable
      Name of SIP provision         geographic or non-  State approval/  EPA approval date         Comments
                                     attainment area    submittal date
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Emissions Inventory for            Crittenden County..         6/22/07  1/15/09 [Insert FR
 Crittenden County.                                                      page number where
                                                                         document begins].
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[FR Doc. E9-618 Filed 1-14-09; 8:45 am]

BILLING CODE 6560-50-P


NOTE:

DATE:	January 15, 2010

TO:		Docket EPA-HQ-OAR-2005-0161

FROM:	Jeff Herzog, Mechanical Engineer, U.S. EPA

SUBJECT:	Communications with Beta Analytic Inc. Regarding Test
Procedures to

Determine the Biobased Content of Solid, Liquid, and Gaseous Samples

Using Radiocarbon Analysis

On July 7, 2009 I spoke on the phone and exchanged emails with Thierry
Sam Tamers, Director of Beta Analytic Inc. regarding test procedure ASTM
D6866 “Standard Test Methods for Determining the Biobased Content of
Solid, Liquid, and Gaseous Samples Using Radiocarbon Analysis”.   In
response to my questions, Mr. Thierry related the following:

- Beta Analytic Inc. does testing per methods B and C in ASTM D6866.

- Test method B requires ~ 3 ml of sample

- Test method C requires ~40 ml of sample

- Cost per test is $595 for both method B and C

- The cost per test may come down if the number of tests they do
increases.

- Beta Analytic commits to getting tests completed within 3 days.

- The test equipment used for method B costs ~ $1,400,000

- The cost of the Liquid Scintillation Counting (LSC) test equipment
used for methods A and C is ~ $15,000 to $20,000

- The estimates regarding the cost of testing equipment assume that
basic lab equipment is already in place (fume hood, etc..)

- Many labs have test equipment for methods A and C.   Fewer labs have
equipment for method B.


[Federal Register: January 8, 2008 (Volume 73, Number 5)]
[Notices]
[Page 1333-1334]
[DOCID:fr08ja08-41]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 925-010 (IA)]

City of Ottumwa, IA; Notice of Availability of Environmental
Assessment

December 21, 2007.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's regulations, 18 CFR Part
380 (Order No. 486, 52 FR 47879), the Office of Energy Projects has
reviewed the application for a new license for the Ottumwa
Hydroelectric Project, located on the Des Moines River in the City of
Ottumwa, Wapello County, Iowa, and has prepared an Environmental
Assessment (EA). In the EA, Commission staff analyze the potential
environmental effects of relicensing the project and conclude that
issuing a new license for the project, with appropriate environmental
measures, would not constitute a major federal action significantly
affecting the quality of the human environment.
    A copy of the EA is on file with the Commission and is available
for public inspection. The EA may also be viewed on the Commission's
Web site at http://www.ferc.gov using the ``eLibrary'' link. Enter the

docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC Online
Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>.
    Any comments should be filed within 30 days from the issuance date
of this notice, and should be addressed to the Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Room 1-A,
Washington, DC 20426. Please affix ``Ottumwa Project No. 925-010'' to
all comments. Comments may be filed electronically via Internet in lieu
of paper. The Commission strongly encourages electronic filings. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site under the ``eFiling'' link. For further

information, contact Timothy Konnert at<PHONE_NUMBER>.

 Kimberly D. Bose,
Secretary.
[FR Doc. E8-44 Filed 1-7-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Proposed Rules]
[Pages 66769-66770]
[FR Doc No: 2012-27170]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1006; Directorate Identifier 2012-NE-28-AD]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
Turbojet Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Proposed Rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Rolls-Royce Deutschland Ltd & Co KG (RRD) Spey 511-8 turbojet
engines. This proposed AD was prompted by a recent quality review
determination that bolts with reduced material properties may have been
installed in some engines. This proposed AD would require inspection
and replacement if necessary, of affected bolts, and if any bolt is
found broken, inspection of the adjacent disc(s) for damage. We are
proposing this AD to prevent uncontained turbine disc fracture and
damage to the airplane.

DATES: We must receive comments on this proposed AD by January 7, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    For service information identified in this proposed AD, contact
Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, Dahlewitz, 15827
Blankenfelde-Mahlow, Germany; telephone: 49 0 33-7086-1883; fax: 49 0
33-7086-3276. You may view the referenced service information at the
FAA, Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (phone:<PHONE_NUMBER>) is the
same as the Mail address provided in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Frederick Zink, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-1006;
Directorate Identifier 2012-NE-28-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this proposed AD. Using the search
function of the Web site, anyone can find and read the comments in any
of our dockets, including, if provided, the name of the individual who
sent the comment (or signed the comment on behalf of an association,
business, labor union, etc.). You may review the DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD 2012-0158, dated August 22, 2012 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    The results of a recent quality review of low pressure turbine
(LPT) support assembly, high pressure turbine (HPT) bearing support
assembly and HPT air seal sleeve bolts identified that, before
installation, those bolts are not subjected to a complete quality
inspection. As a consequence, bolts with reduced material properties
may have been installed in some engines.
    This condition, if not detected and corrected, could lead to
failure of a bolt, potentially causing turbine disc fracture and
release of high-energy debris, possibly resulting in damage to the
aeroplane and/or injury to the occupants.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    RRD has issued Alert Service Bulletin No. Sp72-A1068, Revision 1,
dated June 11, 2012. The actions described in this service information
are intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by EASA, and is approved for
operation in the United States. Pursuant to our bilateral agreement
with the European Community, EASA has notified us of the unsafe
condition described in the MCAI and service information referenced
above. We are proposing this AD because we evaluated all information
provided by EASA and determined the unsafe condition exists and is
likely to exist or develop on other products of the same type design.
This proposed AD would require inspection and replacement if necessary,
of affected bolts, and if any bolt is found broken, inspection of the
adjacent disc(s) for damage.

Costs of Compliance

    We estimate that this proposed AD would affect about six engines
installed on airplanes of U.S. registry. We also estimate that it would
take about 2 hours per engine to comply with this proposed AD. The
average labor rate is $85 per hour. Required parts would cost about
$860 per engine. Based on these figures, we estimate the cost of the
proposed AD on U.S. operators to be $6,180.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that

section, Congress charges the FAA with promoting safe flight of civil
aircraft in air commerce by prescribing regulations for practices,
methods, and procedures the Administrator finds necessary for safety in
air commerce. This regulation is within the scope of that authority
because it addresses an unsafe condition that is likely to exist or
develop on products identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Rolls-Royce Deutschland Ltd & Co KG (Formerly Rolls-Royce
Deutschland GmbH, Formerly Rolls-Royce plc): Docket No. FAA-2012-
1006; Directorate Identifier 2012-NE-28-AD.

(a) Comments Due Date

    We must receive comments by January 7, 2013.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG (RRD)
Spey 511-8 turbojet engines, serial numbers 8847, 8853, 8879, 8989,
8994, and 9817, with a date of the last shop visit before November
15, 2007.

(d) Reason

    This AD was prompted by a recent quality review determination
that bolts with reduced material properties may have been installed
in some engines. We are issuing this AD to prevent uncontained
turbine disc fracture and damage to the airplane.

(e) Actions and Compliance

    Unless already done, do the following actions for engines with a
date of the last shop visit before November 15, 2007:
    (1) Within 4,500 engine cycles accumulated since that last
engine shop visit, inspect the bolts installed in the low-pressure
turbine (LPT) support assembly, high-pressure turbine (HPT) bearing
support assembly, and HPT air seal sleeve.
    (2) If engine cycles accumulated since the last engine shop
visit is more than 4,400 cycles on the effective date of this AD,
inspect the bolts installed in the LPT support assembly, HPT bearing
support assembly, and HPT air seal sleeve within 100 engine cycles.
    (3) If any broken bolt, brown bolt, or bolt with a rough
oxidized surface is identified, replace all bolts with new bolts
before further flight.
    (4) If any bolt is found broken in the LPT support assembly,
inspect the LPT stage 2 disc for damage before further flight.
    (5) If any bolt is found broken in the HPT shaft air seal
sleeve, inspect the HPT stage 1 disc for damage before further
flight.
    (6) Within 30 days after the inspection, report the inspection
findings to RRD service engineering. Guidance on reporting can be
found in RRD Alert Service Bulletin No. Sp72-A1068, Revision 1,
dated June 11, 2012.

(f) Installation Prohibition

    After the effective date of this AD, do not install any LPT
support assembly, HPT bearing support assembly, or HPT air seal
sleeve into any engine, or any engine onto an airplane, unless the
bolts have been inspected and replaced if necessary, and the LPT
stage 2 disc and HPT stage 1 disc have been inspected if necessary,
as specified in paragraph (e) of this AD.

(g) Definition

    For the purpose of this AD, a shop visit is when the engine is
inducted into the shop for any maintenance involving the separation
of pairs of major mating engine flanges (lettered flanges). However,
the separation of engine flanges solely for the purposes of
transporting the engine without subsequent engine maintenance is not
an engine shop visit.

(h) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
to this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(j) Related Information

    (1) For more information about this AD, contact Frederick Zink,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to European Aviation Safety Agency AD 2012-0158, dated
August 22, 2012, and RRD Alert Service Bulletin Sp72-A1068, for
related information.
    (3) For service information identified in this AD, contact
Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, Dahlewitz, 15827
Blankenfelde-Mahlow, Germany; telephone: 49 0 33-7086-1883; fax: 49
0 33-7086-3276. You may view the referenced service information at
the FAA, Engine & Propeller Directorate, 12 New England Executive
Park, Burlington, MA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

(k) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on October 26, 2012.
Colleen M. D'Alessandro,
Assistant Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2012-27170 Filed 11-6-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Notices]
[Pages 13676-13678]
[FR Doc No: 2012-5473]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66501; File No. SR-BX-2012-014]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule To Amend the BOX
LLC Agreement

March 1, 2012.
    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 February 22, 2012, NASDAQ OMX BX, Inc. (the ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by the self-regulatory organization. The Exchange filed the
proposed rule change pursuant to Section 19(b)(3)(A) of the Act,\3\ and
Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal 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)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the Sixth Amended and Restated
Operating Agreement (``BOX LLC Agreement'') of the Boston Options
Exchange Group LLC (``BOX LLC''), in connection with the proposed
acquisition of TMX Group Inc., a company incorporated in Ontario,
Canada (``TMX Group'') by Maple Group Acquisition Corporation, a
company incorporated in Ontario, Canada (``Maple''). The text of the
proposed rule change is available from the principal office of the
Exchange, at the Commission's Public Reference Room and also on the
Exchange's Internet Web site at http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.

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

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

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

1. Purpose
    On January 13, 2004, the Commission approved four Exchange
proposals that together established, through an operating agreement
among its owners, BOX LLC, a Delaware limited liability company, to
operate BOX as an options trading facility of the Exchange.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 49066 (January 13,
2004), 69 FR 2773 (January 20, 2004) (establishing a fee schedule
for the proposed BOX facility); Securities Exchange Act Release No.
49065 (January 13, 2004), 69 FR 2768 (January 20, 2004) (creating
Boston Options Exchange Regulation LLC to which the Exchange would
delegate its self-regulatory functions with respect to the BOX
facility); Securities Exchange Act Release No. 49068 (January 13,
2004), 69 FR 2775 (January 20, 2004) (approving trading rules for
the BOX facility); Securities Exchange Act Release No. 49067
(January 13, 2004), 69 FR 2761 (January 20, 2004) (approving certain
regulatory provisions of the operating agreement of BOX LLC).
---------------------------------------------------------------------------

    Currently, the Montreal Exchange Inc., a company incorporated in
Quebec, Canada (``MX''), is a direct subsidiary of TMX Group. MX US 2,
Inc., a Delaware corporation and indirect, wholly owned subsidiary of
MX (``MX US''), holds a 53.83% ownership interest in BOX LLC.
    The Exchange is submitting the proposed rule change to the
Commission to amend the BOX LLC Agreement pursuant to the proposed
Instrument of Accession in connection with the Acquisition (as defined
below).
    Maple's investors comprise Alberta Investment Management
Corporation, Caisse de d[eacute]p[ocirc]t et placement du
Qu[eacute]bec, Canada Pension Plan Investment Board, CIBC World Markets
Inc., Desjardins Financial Corporation, Dundee Capital Markets Inc.,
Fonds de solidarit[eacute] des travailleurs du Qu[eacute]bec (F.T.Q.),
GMP Capital Inc., The Manufacturers Life Insurance Company, National
Bank Financial & Co. Inc., Ontario Teachers' Pension Plan Board, Scotia
Capital Inc. and TD Securities

Inc. (collectively, the ``Investors''). All of the Investors or their
respective affiliates currently own common shares of Maple (the ``Maple
Shares''). Each of the Investors currently owns less than 12% of Maple.
The Maple Shares are currently privately held, not listed on any
recognized exchange and not qualified for public distribution. However,
after the completion of the second step of the Acquisition, the Maple
Shares will be freely tradable (subject to 5-year contractual
standstill arrangements to which some of the Investors have agreed to
comply) and will be listed for trading on the Toronto Stock Exchange.
Following the Acquisition, each of the Investors will own less than 9%
of Maple and current shareholders of TMX Group will own at least 26% of
Maple.
    The Acquisition will be effected in two steps--(1) an offer (the
``Offer'') by Maple to the shareholders of TMX Group to exchange a
minimum of 70% and a maximum of 80% of the outstanding common shares of
TMX Group (``TMX Group Shares'') for cash, and (2) a subsequent
transaction pursuant to a court-approved ``plan of arrangement'' \6\
whereby TMX Group shareholders whose TMX Shares have not been acquired
under the Offer will receive Maple Shares in exchange for their TMX
Group Shares (the ``Subsequent Arrangement'', and collectively with the
Offer, the ``Acquisition''). The Offer is set to expire on February 29,
2012, unless extended in accordance with the terms thereof, and subject
to the terms and the conditions of the Offer, Maple will pay for TMX
Group Shares validly deposited under the Offer and not properly
withdrawn, ten days after the expiration of the Offer. If the Offer is
successful, Maple will use its best efforts to complete the Subsequent
Arrangement within 35 days after the expiration of the Offer.
---------------------------------------------------------------------------

    \6\ A ``plan of arrangement'' is a statutory procedure available
under the Business Corporations Act (Ontario) as well as under the
Canada Business Corporations Act and provincial corporations
statutes. Where a corporation wishes to combine (or to make any
other ``fundamental change'') but cannot achieve the result it wants
under another section of the statute, it can apply to the court for
an order approving a proposed ``plan of arrangement''.
---------------------------------------------------------------------------

    As a result of the Acquisition, if successful, TMX Group will
become a direct, wholly owned subsidiary of Maple. Consequently, MX US
(including MX US's 53.83% ownership interest in BOX LLC) will become an
indirect, wholly owned subsidiary of Maple. The Offer is subject to
several conditions, including certain regulatory approvals, including,
but not limited to, certain approvals from the Ontario Securities
Commission, Autorit[eacute] des march[eacute]s financiers
(Qu[eacute]bec), Alberta Securities Commission, British Columbia
Securities Commission, Competition Bureau (Canada) and the Commission.
    Maple has developed a preliminary business plan that it anticipates
would be implemented upon completion of the Acquisition. The operations
of each of MX and TMX Group will continue to be located in the same
province in which it is currently located, and each will remain subject
to its existing regulatory framework and oversight, including any
changes to the recognition orders governing MX and TMX Group and
additional undertakings that may be required by Canadian securities
regulators as a condition of approving the Acquisition. MX US's
management of its ownership interest in BOX will remain essentially
unaffected by the Acquisition. Ownership of BOX through TMX Group, MX
and MX US will not be affected by, and the ability of these entities to
influence BOX will not change as a result of, the Acquisition.
    Pursuant to Section 8.4(g) of the BOX LLC Agreement, as previously
approved by the Commission, BOX LLC is required to amend the BOX LLC
Agreement to make a Controlling Person \7\ a party to the BOX LLC
Agreement if such Controlling Person establishes a Controlling Interest
\8\ in any member of BOX LLC that, alone or together with any Affiliate
\9\ of such member of BOX LLC, holds a Percentage Interest \10\ in BOX
equal to or greater than 20%.\11\ Therefore, since Maple is acquiring a
Controlling Interest in TMX Group, whose wholly owned indirect
subsidiary, MX US, owns a 53.83% ownership interest in BOX LLC, Maple,
as a Controlling Person, is required to be, and will become, a party to
the BOX LLC Agreement pursuant to the proposed Instrument of Accession.
As a result, Maple will agree to abide by all the provisions of the BOX
LLC Agreement, including those provisions requiring submission to the
jurisdiction of the Commission.\12\ The Exchange proposes to make this
proposal operative upon the successful completion of the Offer, which
is currently scheduled to expire on February 29, 2012.
---------------------------------------------------------------------------

    \7\ A ``Controlling Person'' is defined as ``a Person who, alone
or together with any Affiliate of such Person, holds a controlling
interest in a [BOX] Member.'' See Section 8.4(g)(v)(B), BOX LLC
Agreement.
    \8\ A ``Controlling Interest'' is defined as ``the direct or
indirect ownership of 25% or more of the total voting power of all
equity securities of a Member (other than voting rights solely with
respect to matters affecting the rights, preferences, or privileges
of a particular class of equity securities), by any Person, alone or
together with any Affiliate of such Person.'' See Section
8.4(g)(v)(A), BOX LLC Agreement.
    \9\ An ``Affiliate'' is defined as ``, with respect to any
Person, any other Person controlling, controlled by or under common
control with, such Person. As used in this definition, the term
``control'' means the possession, directly or indirectly, of the
power to direct or cause the direction of the management and
policies of a Person, whether through the ownership of voting
securities, by contract or otherwise with respect to such Person. A
Person is presumed to control any other Person, if that Person: (i)
Is a director, general partner, or officer exercising executive
responsibility (or having similar status or performing similar
functions); (ii) directly or indirectly has the right to vote 25
percent or more of a class of voting security or has the power to
sell or direct the sale of 25 percent or more of a class of voting
securities of the Person; or (iii) in the case of a partnership, has
contributed, or has the right to receive upon dissolution, 25
percent or more of the capital of the partnership.'' See Section
1.1, BOX LLC Agreement.
    \10\ The ``Percentage Interest'' is defined as ``the ratio of
the number of Units held by the Member to the total of all of the
issued Units, expressed as a percentage and determined with respect
to each class of Units, whenever applicable.'' See Section 1.1, BOX
LLC Agreement.
    \11\ See Section 8.4(g), BOX LLC Agreement.
    \12\ The BOX LLC Agreement states, in part, that ``the Members,
officers, directors, agents, and employees of Members irrevocably
submit to the exclusive jurisdiction of the U.S. federal courts,
U.S. Securities and Exchange Commission, and the Boston Stock
Exchange, for the purposes of any suit, action or proceeding
pursuant to U.S. federal securities laws, the rules or regulations
thereunder, arising out of, or relating to, BOX activities or
Article 19.6(a), (except that such jurisdictions shall also include
Delaware for any such matter relating to the organization or
internal affairs of BOX, provided that such matter is not related to
trading on, or the regulation, of the BOX Market), and hereby waive,
and agree not to assert by way of motion, as a defense or otherwise
in any such suit, action or proceeding, any claims that they are not
personally subject to the jurisdiction of the U.S. Securities and
Exchange Commission, that the suit, action or proceeding is an
inconvenient forum or that the venue of the suit, action or
proceeding is improper, or that the subject matter hereof may not be
enforced in or by such courts or agency.'' See BOX LLC Agreement,
Section 19.6.
---------------------------------------------------------------------------

    For the reasons stated above, the Exchange is submitting to the
Commission the proposed Instrument of Accession to the BOX LLC
Agreement as a rule change.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\13\ in general, and furthers
the objectives of Section 6(b)(1),\14\ in particular, in that it
enables the Exchange to be so organized so as to have the capacity to
be able to carry out the purposes of the Act and to comply, and to
enforce compliance by its exchange members and persons associated with
its exchange members, with the provisions of the Act, the rules and
regulations thereunder, and the

rules of the Exchange. The Exchange also believes that this filing
furthers the objectives of Section 6(b)(5) of the Act \15\ in that it
is designed to facilitate transactions in securities, to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5) [sic].
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Additionally, the Exchange notes that the provisions of the BOX LLC
Agreement, previously approved by the Commission, provide a framework
for addressing the Acquisition. Accordingly, the Exchange believes the
Acquisition does not present any novel issues that have not been
anticipated and addressed by the BOX LLC Agreement.

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

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

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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \16\ and Rule 19b-
4(f)(6) thereunder.\17\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because the Acquisition does not present any novel issues that
have not been anticipated and addressed by the BOX LLC Agreement.
Therefore, the Commission designates the proposal operative upon
filing.\18\
---------------------------------------------------------------------------

    \18\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend 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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2012-014 on the subject line.

Paper Comments

 Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-BX-2012-014. This file
number should be included on the subject line if email is used.

    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
publicly available. All submissions should refer to File Number SR-BX-
2012-014, and should be submitted on or before March 28, 2012.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-5473 Filed 3-6-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Page 5784]
[FR Doc No: 2023-01706]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2023-0062]

Security Zone; Potomac River and Anacostia River, and Adjacent
Waters; Washington, DC

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a security zone along the Potomac
River and Anacostia River, and adjacent waters at Washington, DC, for
activities associated with the U.S. President's State of the Union
Address before a Joint Session of Congress. The zone will be enforced
on February 7, 2023 through the early morning hours on February 8,
2023. This action is necessary to protect government officials,
mitigate potential terrorist acts and incidents, and enhance public and
maritime safety and security immediately before, during, and after this
activity. During the enforcement period, entry into or remaining within
the zone is prohibited unless authorized by the Captain of the Port or
his designated representative.

DATES: The regulations in 33 CFR 165.508 will be enforced from 9 a.m.
on February 7, 2023, until 2 a.m. on February 8, 2023, for the security
zone locations identified in 33 CFR 165.508(a)(6).

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email BM1 Tyler Fink, U.S. Coast Guard
Sector Maryland-National Capital Region (Waterways Management
Division); telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce regulations in
33 CFR 165.508 for the zone locations identified in paragraph (a)(6)
from 9 a.m. on February 7, 2023, to 2 a.m. on February 8, 2023. This
action is being taken to protect government officials, mitigate
potential terrorist acts and incidents, and enhance public and maritime
safety and security immediately before, during, and after this event.
Our regulations for the Security Zone; Potomac River and Anacostia
River, and adjacent waters; Washington, DC, Sec.  165.508(a)(6),
specifies the location for this security zone as an area that includes
all navigable waters described in paragraphs (a)(1) through (3), which
includes Zones 1, 2, and 3.
     Security Zone 1, paragraph (a)(1); all navigable waters of
the Potomac River, from shoreline to shoreline, bounded to the north by
the Francis Scott Key (US-29) Bridge, at mile 113, and bounded to the
south by a line drawn from the Virginia shoreline at Ronald Reagan
Washington National Airport, at 38[deg]51'21.3'' N, 077[deg]02'00.0''
W, eastward across the Potomac River to the District of Columbia
shoreline at Hains Point at position 38[deg]51'24.3'' N,
077[deg]01'19.8'' W, including the waters of the Boundary Channel,
Pentagon Lagoon, Georgetown Channel Tidal Basin, and Roaches Run.
     Security Zone 2, paragraph (a)(2); all navigable waters of
the Anacostia River, from shoreline to shoreline, bounded to the north
by the John Philip Sousa (Pennsylvania Avenue) Bridge, at mile 2.9, and
bounded to the south by a line drawn from the District of Columbia
shoreline at Hains Point at position 38[deg]51'24.3'' N,
077[deg]01'19.8'' W, southward across the Anacostia River to the
District of Columbia shoreline at Giesboro Point at position
38[deg]50'52.4'' N, 077[deg]01'10.9'' W, including the waters of the
Washington Channel.
     Security Zone 3 paragraph (a)(3); all navigable waters of
the Potomac River, from shoreline to shoreline, bounded to the north by
a line drawn from the Virginia shoreline at Ronald Reagan Washington
National Airport, at 38[deg]51'21.3'' N, 077[deg]02'00.0'' W, eastward
across the Potomac River to the District of Columbia shoreline at Hains
Point at position 38[deg]51'24.3'' N, 077[deg]01'19.8'' W, thence
southward across the Anacostia River to the District of Columbia
shoreline at Giesboro Point at position 38[deg]50'52.4'' N,
077[deg]01'10.9'' W, and bounded to the south by the Woodrow Wilson
Memorial (I-95/I-495) Bridge, at mile 103.8.
    During the enforcement period, as specified in Sec.  165.508(b),
entry into or remaining in these zones is prohibited unless authorized
by the Coast Guard Captain of the Port Maryland-National Capital
Region. Public vessels and vessels already at berth at the time the
security zone is implemented do not have to depart the security zone.
All vessels underway within the security zone at the time it is
implemented are to depart the zone at the time the security zone is
implemented. To seek permission to transit the zone, the Captain of the
Port Maryland-National Capital Region can be contacted at telephone
number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM channel 16 (156.8
MHz). Coast Guard vessels enforcing this zone can be contacted on
Marine Band Radio, VHF-FM channel 16 (156.8 MHz). The Coast Guard may
be assisted by other Federal, state or local law enforcement agencies
in enforcing this regulation. If the Captain of the Port or his
designated on-scene patrol personnel determines the security zone need
not be enforced for the full duration stated in this notice, a
Broadcast Notice to Mariners may be used to suspend enforcement and
grant general permission to enter the security zone.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard plans to provide notification of this enforcement
period via the Local Notice to Mariners, and marine information
broadcasts.

David E. O'Connell,
Captain, U.S. Coast Guard,Captain of the Port Maryland-National Capital
Region.
[FR Doc. 2023-01706 Filed 1-27-23; 8:45 am]
BILLING CODE 9110-04-P


C Certification or recertification application form ( EPA form 7610 14) C The results of the test( s) required by § 75.20, including the type of test conducted, testing date, information required by § 75.56 or § 75.59, as applicable, and the results of any failed tests that affect data validation C Any changed portions of the hardcopy monitoring plan information required under § § 75.53( c) and ( d), or § § 75.53( e) and ( f), as applicable C Designated representative signature C If the owner or operator is applying to use the optional low mass emissions excepted methodology in § 75.19( c) in lieu of a certified monitoring system, a statement that the unit burns only natural gas or fuel oil and a list of the fuels that are burned or a statement that the unit is projected to burn only natural gas or fuel oil and a list of the fuels that are projected to be burned; a statement that the unit meets the applicability requirements in § § 75.19( a) and ( b); and any unit historical actual and projected emissions data and calculated emissions data demonstrating that the affected unit qualifies as a low mass emissions unit under § § 75.19( a) and ( b)

Quarterly Reports ( § 75.64):

C Compliance certification ( in hardcopy or optionally in electronic format)

Quality Assurance/ Quality Control Program ( Section 1 of Appendix B to Part 75)

C Written QA/ QC plan that describes in detail ( or that refers to separate documents containing) complete, step by step procedures and operations For preventative maintenance, quality assurance testing, fuel sampling and sample retention* C Maintenance records of all testing, maintenance, and repair activities, including: date, time, and description of any testing, adjustment, repair, replacement, or preventive maintenance action*


[Federal Register Volume 86, Number 21 (Wednesday, February 3, 2021)]
[Notices]
[Page 8009]
[FR Doc No: 2021-02226]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP21-402-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Yankee Gas
510802 Release eff 1-27-2021 to be effective 1/27/2021.
    Filed Date: 1/26/21.
    Accession Number: 20210126-5060.
    Comments Due: 5 p.m. ET 2/8/21.

    Docket Numbers: RP21-403-000.
    Applicants: Bobcat Gas Storage.
    Description: Sec.  4(d) Rate Filing: Bobcat Title Transfer Process
Update eff 03-02-2021 to be effective 3/2/2021.
    Filed Date: 1/27/21.
    Accession Number: 20210127-5120.
    Comments Due: 5 p.m. ET 2/8/21.

    Docket Numbers: RP21-404-000.
    Applicants: Egan Hub Storage, LLC.
    Description: Sec.  4(d) Rate Filing: Egan Title Transfer Process
Update eff 3-2-21 to be effective 3/2/2021.
    Filed Date: 1/27/21.
    Accession Number: 20210127-5121.
    Comments Due: 5 p.m. ET 2/8/21.

    Docket Numbers: RP21-405-000.
    Applicants: Big Sandy Pipeline, LLC.
    Description: Compliance filing Big Sandy Fuel Filing effective 3/1/
2021.
    Filed Date: 1/27/21.
    Accession Number: 20210127-5138.
    Comments Due: 5 p.m. ET 2/8/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 28, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-02226 Filed 2-2-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Proposed Rules]
[Pages 6213-6215]
[FR Doc No: 2023-02061]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0089]
RIN 1625-AA00

Safety Zone; Potomac River, Washington, DC

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Potomac River. This action is necessary
to provide for the safety of life on these navigable waters near
Washington, DC, during a fireworks display on February 18, 2023. This
proposed rulemaking would prohibit persons and vessels from being in
the safety zone unless authorized by the Captain of the Port Maryland-
National Capital Region or a designated representative. We invite your
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before February 15, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0089 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for

Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Courtney Perry, Sector
Maryland-National Capital Region Waterways Management Division, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On January 17, 2023, the Wharf DC notified the Coast Guard that it
will be conducting a fireworks display from 6:30 p.m. to 6:50 p.m. on
February 18, 2023. The fireworks are to be launched from a barge in
Washington Channel in the Potomac River in front of the Wharf in
Washington, DC. Hazards from firework displays include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The Captain of the Port Maryland-National Capital
Region (COTP) has determined that potential hazards associated with the
fireworks to be used in this display would be a safety concern for
anyone within a 200-foot radius of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 200-foot radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard is
requesting that interested parties provide comments within a shortened
comment period of 15 days instead of the typical 30 days for this
notice of proposed rulemaking. The Coast Guard believes the 15-day
comment period still provides for a reasonable amount of time for
interested parties to review the proposal and provide informed comments
on it while also ensuring the Coast Guard has time to review and
respond to any significant comments and has a final rule in effect in
time for the scheduled event in order to protect against the identified
hazards.
    The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70034.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 5:30 to 8
p.m. on February 18, 2023. The safety zone would cover all navigable
waters within 200 feet of a barge in the Potomac River located in front
of the Wharf DC in Washington, DC. The duration of the zone is intended
to ensure the safety of vessels and these navigable waters before,
during, and after the scheduled 6:30 to 6:50 p.m. fireworks display. No
vessel or person would be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. The
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size,
duration, and time-of-day of the safety zone, which will impact a
small, designated area of the Potomac River for no more than 2.5
enforcement-hours during evening hours when vessel traffic is normally
low. Moreover, the Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has 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. We have analyzed this proposed rule under that order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person

listed in the FOR FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting 2.5 hours that would prohibit entry within 200 feet of a
fireworks barge. Normally such actions are categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0089 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec.  165.T05-0089 to read as follows:

Sec.  165.T05-0089   Safety Zone; Washington Channel, Potomac River,
Washington, DC

    (a) Location. The following area is a safety zone: All navigable
waters of the Washington Channel within 200 feet of the fireworks barge
in approximate latitude 38[deg]52'44.79'' N, longitude
77[deg]01'40.17'' W located near the Wharf DC in Washington, DC. These
coordinates are based on North American Datum of 1983 (NAD 83).
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in the enforcing of the
safety zone as described in paragraph (a) of this section.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at<PHONE_NUMBER> or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz). Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (d) Enforcement period. This section will be enforced from 5:30
p.m. to 8 p.m. on February 18, 2023.

    Dated: January 26, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2023-02061 Filed 1-27-23; 4:15 pm]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Notices]
[Page 54650]
[FR Doc No: 2012-21833]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2012-34]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before September 25, 2012.

ADDRESSES: You may send comments identified by Docket Number FAA-2012-
0302 using any of the following methods:
     Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility 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.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility 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: Mark Forseth, ANM-113,<PHONE_NUMBER>,
Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA
98057-3356, or Frances Shaver,<PHONE_NUMBER>, Office of Rulemaking
(ARM-200), Federal Aviation Administration, 800 Independence Avenue
SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on August 30, 2012.
Lirio Liu,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2012-0302
    Petitioner: Embraer S.A.
    Section of 14 CFR Affected: Sec.  25.809(a)
    Description of Relief Sought: The petitioner requests partial
relief from requirements relating to the outside-viewing means on Type
III overwing exits on the Embraer Model EMB-550 airplanes.

[FR Doc. 2012-21833 Filed 9-4-12; 8:45 am]
BILLING CODE 4910-13-P