[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Proposed Rules]
[Pages 74628-74630]
[FR Doc No: 2012-30368]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1227; Directorate Identifier 2012-NM-016-AD]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Embraer S.A. Model ERJ 190 airplanes. This proposed AD was
prompted by reports of cracks on the side stay of the main landing gear
(MLG). This proposed AD would require repetitive measurements of the
left-hand (LH) and right-hand (RH) MLG side stay support fitting to
detect bushing migration, replacement of the bushing if necessary, and
eventual replacement of the bushing; a detailed inspection for damage
on the LH and RH MLG side stay support assembly, and related
investigative and corrective actions if necessary. We are proposing
this AD to prevent excessive bearing friction, which might compromise
the MLG free fall extension, and cause fatigue cracking on the MLG side
stay and on its support assembly, resulting in reduced structural
integrity of the MLG.

DATES: We must receive comments on this proposed AD by January 31,
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro
Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos Campos--SP--
BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12
3927-7546; email<EMAIL_ADDRESS>Internet http://www.flyembraer.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. 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 (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Cindy Ashforth, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-2768; fax<PHONE_NUMBER>.

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-2012-1227;
Directorate Identifier 2012-NM-016-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 we
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2012-01-01, effective January 28, 2012
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    This [ANAC] AD results from reports of cracks on the Main
Landing Gear (MLG) Side Stay. Further investigation has revealed
that the cracks were caused by excessive friction on the MLG Side
Stay Support Fitting due to its outer bushing migration. This [ANAC]
AD is being issued to prevent such excessive bearing friction which
may compromise the MLG free fall extension and; cause fatigue cracks
on the MLG Side Stay and on the MLG Side Stay Support Assembly
resulting in reduced structural integrity of the MLG.
* * * * *
The required actions include repetitive measurements of the LH and RH
MLG side stay support fitting to detect bushing migration, replacement
the bushing if necessary, and eventual replacement of the bushing; a
detailed

inspection for damage on the LH and RH MLG side stay support assembly,
and related investigative and corrective actions if necessary. The
related investigative actions include a general visual inspection and
an eddy current inspection for any cracking on the upper and lower side
stays of the affected side stay support assembly. The corrective
actions include replacing or repairing the MLG side stay or MLG side
stay assembly, and removing corrosion. You may obtain further
information by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer S.A. has issued the following service information:
     EMBRAER Service Bulletin 190-32-0043, Revision 02, dated
August 23, 2011.
     EMBRAER Service Bulletin 190-57-0036, Revision 02, dated
August 12, 2011.
     EMBRAER Service Bulletin 190LIN-32-0017, dated June 10,
2011.
     EMBRAER Service Bulletin 190LIN-57-0016, dated June 10,
2011.

FAA's Determination and Requirements of This Proposed AD

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

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 97 products of U.S. registry. We also estimate that
it would take about 44 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $362,780, or $3,740 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
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.
    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);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    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:

Embraer S.A.: Docket No. FAA-2012-1227; Directorate Identifier 2012-
NM-016-AD.

(a) Comments Due Date

    We must receive comments by January 31, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Model ERJ 190-100 STD, -100 LR,
-100 ECJ, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200
LR, and -200 IGW airplanes; certificated in any category; as
identified in the service information specified in paragraphs (c)(1)
and (c)(2) of this AD.
    (1) EMBRAER Service Bulletin 190-57-0036, Revision 02, dated
August 12, 2011.
    (2) EMBRAER Service Bulletin 190LIN-57-0016, dated June 10,
2011.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Reason

    This AD was prompted by reports of cracks on the side stay of
the main landing gear (MLG). We are issuing this AD to prevent
excessive bearing friction, which might compromise the MLG free fall
extension, and cause fatigue cracking on the MLG side stay and on
its support assembly, resulting in reduced structural integrity of
the MLG.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Measurement for Bushing Migration of the MLG Side Stay Support
Fitting

    Within 100 flight cycles after the effective date of this AD:
Measure the left-hand (LH) and right-hand (RH) MLG side stay support
fitting to detect bushing migration, in accordance with Part I of
the Accomplishment Instructions of EMBRAER Service Bulletin 190-57-
0036, Revision 02, dated August 12, 2011 (for Model ERJ 190-100 STD,
-100 LR, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR,
and -200 IGW airplanes); or EMBRAER Service Bulletin 190LIN-57-0016,
dated June 10, 2011 (Model ERJ 190-100 ECJ airplanes).
    (1) If the distance of bushing migration is less than 5
millimeters (mm), repeat the measurement required by paragraph (g)
of this AD thereafter at intervals not to exceed 100 flight cycles
until the actions required by paragraph (h) of this AD are
accomplished.
    (2) If the distance of bushing migration is equal to or more
than 5 mm, before further flight, do the actions required by
paragraph (h) of this AD.

(h) Replacement of the MLG Side Stay Support Fitting Bushing

    Within 1,200 flight cycles after the effective date of this AD,
except as specified by the compliance time in paragraph (g)(2) of
this AD: Replace the LH and RH MLG side stay support fitting
bushing, in accordance with Part II and Part III, respectively, of
the

Accomplishment Instructions of EMBRAER Service Bulletin 190-57-0036,
Revision 02, dated August 12, 2011 (Model ERJ 190-100 STD, -100 LR,
and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200
IGW airplanes); or EMBRAER Service Bulletin 190LIN-57-0016, dated
June 10, 2011 (Model ERJ 190-100 ECJ airplanes). Replacing the
bushings terminates the repetitive measurements required by
paragraph (g)(1) of this AD.

(i) MLG Side Stay and MLG Side Stay Support Assembly Inspection and
Repair

    At the applicable time specified in paragraph (i)(1), (i)(2), or
(i)(3) of this AD: Perform a detailed inspection for damage on the
LH and RH MLG side stay support assembly, and do all applicable
related investigative and corrective actions, in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 190-32-0043,
Revision 02, dated August 23, 2011 (Model ERJ 190-100 STD, -100 LR,
and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200
IGW airplanes); or EMBRAER Service Bulletin 190LIN-32-0017, dated
June 10, 2011 (Model ERJ 190-100 ECJ airplanes). Do all applicable
related investigative and corrective actions before further flight.
    (1) For airplanes on which the actions specified in Part II and
Part III of EMBRAER Service Bulletin 190-57-0036, or EMBRAER Service
Bulletin 190LIN-57-0016, have been done, as applicable, as of the
effective date of this AD: Within 100 flight cycles after the
effective date of this AD.
    (2) For airplanes on which the actions specified in EMBRAER
Service Bulletin 190-57-0036, or EMBRAER Service Bulletin 190LIN-57-
0016, dated June 10, 2011, as applicable, have not been done as of
the effective date of this AD; except for airplanes identified in
paragraph (i)(3) of this AD: Within 1,200 flight cycles after the
effective date of this AD.
    (3) For airplanes on which the actions specified in EMBRAER
Service Bulletin 190-32-0043, dated March 1, 2011, have been done as
the effective date of this AD, and a repair of the MLG side stay
support assembly was done if damage was found: Within 600 flight
cycles after the effective date of this AD.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using EMBRAER Service Bulletin
190-57-0036, dated September 20, 2010; or EMBRAER Service Bulletin
190-57-0036, Revision 01, dated February 28, 2011; which are not
incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions required by
paragraph (i) of this AD, if those actions were performed before the
effective date of this AD EMBRAER Service Bulletin 190-32-0043,
Revision 01, dated April 29, 2011, which is not incorporated by
reference in this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Cindy
Ashforth, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
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
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(l) Special Flight Permits

    Special flight permits may be issued in accordance with sections
21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199) to operate the airplane to a location where the airplane
can be modified (if the operator elects to do so), provided that it
is not a revenue flight and it meets weight limitations requirements
specified by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA.

(m) Related Information

    (1) Refer to MCAI Brazilian Airworthiness Directive 2012-01-01,
effective January 28, 2012, and the service information specified in
paragraphs (m)(1)(i) through (m)(1)(iv) of this AD, for related
information.
    (i) EMBRAER Service Bulletin 190-32-0043, Revision 02, dated
August 23, 2011.
    (ii) EMBRAER Service Bulletin 190-57-0036, Revision 02, dated
August 12, 2011.
    (iii) EMBRAER Service Bulletin 190LIN-32-0017, dated June 10,
2011.
    (iv) EMBRAER Service Bulletin 190LIN-57-0016, dated June 10,
2011.
    (2) For service information identified in this AD, contact
Embraer S.A., Technical Publications Section (PC 060), Av.
Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos
Campos--SP--BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732;
fax +55 12 3927-7546; email<EMAIL_ADDRESS>Internet http://www.flyembraer.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on December 6, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-30368 Filed 12-14-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26671-26672]
[FR Doc No: 2019-12054]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7189-014]

Notice of Intent To File License Application, Filing of Pre-
Application Document (PAD), Denying Use of the Traditional Licensing
Process, Commencement of Pre-Filing Process and Scoping; Request for
Comments on the PAD and Scoping Document, and Identification of Issues
and Associated Study Requests: Green Lake Water Power Company

    a. Type of Filing: Notice of Intent to File License Application for
a Subsequent Minor License and Request to Use the Traditional Licensing
Process.
    b. Project No.: 7189-014.
    c. Dated Filed: April 1, 2019.
    d. Submitted By: Green Lake Water Power Company (Green Lake Power).
    e. Name of Project: Green Lake Project.
    f. Location: On Green Lake and Reeds Brook near the City of
Ellsworth, Hancock County, Maine. The project occupies approximately
two acres of United States lands administered by the U.S. Fish and
Wildlife Service's Green Lake National Fish Hatchery.
    g. Filed Pursuant to: 18 CFR part 5 of the Commission's
Regulations.
    h. Potential Applicant Contact: Caroline Kleinschmidt, Green Lake
Water Power Company, 120 Hatchery Way, Ellsworth, ME 04605; phone at
(425) 553-6718, or email at<EMAIL_ADDRESS>    i. FERC Contact: Dr. Nicholas Palso at<PHONE_NUMBER> or email at
nicholas<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item o below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC ]
61,076 (2001).
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under
section 7 of the Endangered Species Act and the joint agency
regulations thereunder at 50 CFR part 402; (b) NOAA Fisheries under
section 305(b) of the Magnuson-Stevens Fishery Conservation and
Management Act and implementing regulations at 50 CFR 600.920; and (c)
the Maine State Historic Preservation Officer, as required by section
106 of the National Historic Preservation Act and the implementing
regulations of the Advisory Council on Historic Preservation at 36 CFR
800.2.
    l. With this notice, we are designating Green Lake Power as the
Commission's non-federal representative for carrying out informal
consultation pursuant to section 7 of the Endangered Species Act,
section 305(b) of the Magnuson-Stevens Fishery Conservation and
Management Act, and section 106 of the National Historic Preservation
Act.
    m. Green Lake Power filed with the Commission a Pre-Application
Document (PAD; including a proposed process plan and schedule) and
request to use the Traditional Licensing Process (TLP) on April 1,
2019. Green Lake Power provided public notice of its TLP request on
March 28, 2019. In a letter dated May 31, 2019, the Director of the
Division of Hydropower Licensing denied Green Lake Power's request to
use the TLP. Green Lake Power must use the Integrated Licensing Process
to prepare a license application for the project.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's website
(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>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    Register online at http://www.ferc .gov/docs-filing/
esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. With this notice, we are soliciting comments on the PAD and
Commission staff's Scoping Document 1 (SD1), as well as study requests.
All comments on the PAD and SD1, and study requests should be sent to
the address above in paragraph h. In addition, all comments on the PAD
and SD1, study requests, requests for cooperating agency status, and
all communications to and from Commission staff related to the merits
of the potential application must be filed with the Commission.
    The Commission strongly encourages electronic filing. Please file
all documents using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>In lieu of electronic filing, please send a
paper copy to: Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. The first page of any filing
should include docket number P-7189-014.
    All filings with the Commission must bear the appropriate heading:
``Comments on Pre-Application Document,'' ``Study Requests,''
``Comments on Scoping Document 1,'' ``Request for Cooperating Agency
Status,'' or ``Communications to and from Commission Staff.'' Any
individual or entity interested in submitting study requests,
commenting on the PAD or SD1, and any agency requesting cooperating
status must do so within 60 days of the date of this notice.
    p. Although our current intent is to prepare an environmental
assessment (EA), there is the possibility that an Environmental Impact
Statement (EIS) will be required. The scoping process will satisfy the
NEPA scoping requirements, irrespective of whether an EA or EIS is
issued by the Commission.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of
the project at the time and place noted below. The daytime meeting will
focus on resource agency, Indian tribe, and non-governmental
organization concerns, while the evening meeting is primarily for
receiving input from the public. We invite all interested individuals,
organizations, and agencies to attend one or both of the meetings, and
to assist staff in identifying particular study needs, as well as the
scope of environmental issues to be addressed in the environmental
document. The times and locations of these meetings are as follows:

Daytime Scoping Meeting

    Date: Thursday, June 27, 2019.
    Time: 10:00 a.m.
    Location: Ellsworth City Hall, Council Chamber Room, 1 City Hall
Plaza, Ellsworth, ME 04605.
    Phone:<PHONE_NUMBER>.

Evening Scoping Meeting

    Date: Thursday, June 27, 2019.
    Time: 7:00 p.m.
    Location: Ellsworth City Hall, Council Chamber Room, 1 City Hall
Plaza, Ellsworth, ME 04605.
    Phone:<PHONE_NUMBER>.

    SD1, which outlines the subject areas to be addressed in the
environmental document, was mailed to the individuals and entities on
the Commission's mailing list. Copies of SD1 will be available at the
scoping meetings, or may be viewed on the web at http://www.ferc.gov,
using the ``eLibrary'' link. Follow the directions for accessing
information in paragraph n. Based on all oral and written comments, a
Scoping Document 2 (SD2) may be issued. SD2 may include a revised
process plan and schedule, as well as a list of issues, identified
through the scoping process.

Environmental Site Review

    The licensee and Commission staff will conduct an environmental
site review of the project on Wednesday, June 26, 2019, starting at
10:00 a.m. All participants should meet at the Green Lake Project
powerhouse, located at 120 Hatchery Way, Ellsworth, ME 04605 (the
powerhouse is on the right as you enter the Green Lake National Fish
Hatchery). The site review will require a half-mile round-trip walk to
see all of the project facilities.
    If you plan to attend the environmental site review, please contact
Caroline Kleinschmidt of Green Lake Power at<PHONE_NUMBER>, or via
email at<EMAIL_ADDRESS>on or before June 24, 2019,
and indicate how many participants will be attending with you. For any
questions concerning the environmental site visit please contact
Caroline Kleinschmidt.

Meeting Objectives

    At the scoping meetings, staff will: (1) Initiate scoping of the
issues; (2) review and discuss existing conditions and resource
management objectives; (3) review and discuss existing information and
identify preliminary information and study needs; (4) review and
discuss the process plan and schedule for pre-filing activity that
incorporates the time frames provided for in Part 5 of the Commission's
regulations and, to the extent possible, maximizes coordination of
federal, state, and tribal permitting and certification processes; and
(5) discuss the appropriateness of any federal or state agency or
Indian tribe acting as a cooperating agency for development of an
environmental document.
    Meeting participants should come prepared to discuss their issues
and/or concerns. Please review the PAD in preparation for the scoping
meetings. Directions on how to obtain a copy of the PAD and SD1 are
included in item n of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will be placed
in the public record of the project.

    Dated: May 31, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-12054 Filed 6-6-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 163 (Thursday, August 22, 2013)]
[Proposed Rules]
[Pages 52112-52114]
[FR Doc No: 2013-20502]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0664; Airspace Docket No. 13-ANM-22]

Proposed Amendment of Class E Airspace; Cut Bank, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify Class E airspace at Cut Bank
Municipal Airport, Cut Bank, MT. Controlled airspace is necessary to
accommodate aircraft using new Area Navigation (RNAV) Global
Positioning System (GPS) standard instrument approach procedures at the
airport. The geographic coordinates of the airport would be adjusted in
the respective Class E airspace areas. The FAA is proposing this action
to enhance the safety and management of aircraft operations at the
airport.

DATES: Comments must be received on or before October 7, 2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2013-
0664; Airspace Docket No. 13-ANM-22, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2013-0664 and Airspace Docket No. 13-ANM-22) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2013-0664 and Airspace Docket No. 13-ANM-22''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before

taking action on the proposed rule. The proposal contained in this
action may be changed in light of comments received. All comments
submitted will be available for examination in the public docket both
before and after the closing date for comments. A report summarizing
each substantive public contact with FAA personnel concerned with this
rulemaking will be filed in the docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class E surface area airspace
and Class E airspace extending upward from 700/1,200 feet above the
surface at Cut Bank Municipal Airport, Cut Bank, MT. Controlled
airspace is necessary to accommodate aircraft using the new RNAV (GPS)
standard instrument approach procedures at the airport. The Class E
surface area airspace extending from the 4.7-mile radius of the airport
would extend from the airport bearing to 11 miles southeast of the
airport; the Class E airspace extending upward from 700 feet above the
surface within the 7.9-mile radius of the airport would have segments
extending from the airport bearing south and southeast of the airport,
and within a sector extending upward from 1,200 feet above the surface.
Also, the geographic coordinates of the airport would be updated to
coincide with the FAA's aeronautical database for the respective Class
E airspace areas. This action would enhance the safety and management
of aircraft operations at the airport.
    Class E airspace designations are published in paragraphs 6002 and
6005, respectively, of FAA Order 7400.9W, dated August 8, 2012, and
effective September 15, 2012, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designation listed in this document will
be published subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This proposed regulation is within the scope of that
authority as it would modify controlled airspace at Cut Bank Municipal
Airport, Cut Bank, MT.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9W, Airspace Designations and
Reporting Points, dated August 8, 2012, and effective September 15,
2012 is amended as follows:

Paragraph 6002 Class E airspace designated as surface areas.

* * * * *

ANM MT E2 Cut Bank, MT [Modified]

Cut Bank Municipal Airport, MT
    (Lat. 48[deg]36'30'' N., long. 112[deg]22'34'' W.)
    Within a 4.7-mile radius of the Cut Bank Municipal Airport, and
within 3.1 miles each side of the 150[deg] bearing of the Cut Bank
Municipal Airport extending from the 4.7-mile radius to 11 miles
southeast of the airport.

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ANM MT E5 Cut Bank, MT [Modified]

Cut Bank Municipal Airport, MT
    (Lat. 48[deg]36'30'' N., long. 112[deg]22'34'' W.)
    That airspace extending upward from 700 feet above the surface
within a 7.9-mile radius of the Cut Bank Municipal Airport, and
within 8.3 miles northeast and 4 miles southwest of the 150[deg]
bearing of the Cut Bank Municipal Airport extending from the 7.9-
mile radius to 18.4 miles southeast of the airport, and within 2.6
miles each side of the 175[deg] bearing of the Cut Bank Municipal
Airport extending from the 7.9-mile radius to 12.6-miles south of
the airport; that airspace extending upward from 1,200 feet above
the surface bounded by a line beginning at lat. 47[deg]53'00'' N.,
long. 113[deg]11'00'' W.; to lat. 48[deg]52'00'' N., long.
112[deg]42'00'' W.; to lat. 48[deg]57'00'' N., long. 111[deg]46'00''
W.; to lat. 48[deg]27'00'' N., long. 111[deg]01'00'' W.; to lat.
48[deg]08'00'' N., long. 111[deg]19'00'' W.; to lat. 47[deg]46'00''
N., long. 112[deg]35'00'' W., thence to the point of beginning

    Issued in Seattle, Washington, on August 15, 2013.
Christopher Ramirez,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-20502 Filed 8-21-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Proposed Rules]
[Pages 77037-77040]
[FR Doc No: 2022-27293]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 87, No. 241 / Friday, December 16, 2022 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1648; Project Identifier MCAI-2022-00894-T]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2020-26-07, which applies to all Dassault Aviation Model MYSTERE-FALCON
900 airplanes. AD 2020-26-07 requires revising the existing maintenance
or inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. Since the FAA issued AD 2020-26-
07, the FAA has determined that a new airworthiness limitation is
necessary. This proposed AD would continue to require the actions in AD
2020-26-07 and would require revising the existing maintenance or
inspection program, as applicable, to incorporate a new airworthiness
limitation, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference (IBR). The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by January 30,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1648; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu. It is
also available at regulations.gov under Docket No. FAA-2022-1648.
     You may view this service information 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>.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1648; Project Identifier
MCAI-2022-00894-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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 proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Tom
Rodriguez, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected]. Any commentary
that the FAA receives that is not specifically designated as CBI will
be placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2020-26-07, Amendment 39-21362 (85 FR 82901,
December 21, 2020) (AD 2020-26-07), for all Dassault Aviation Model
MYSTERE-FALCON 900 airplanes. AD 2020-26-07 was prompted by an MCAI
originated by EASA, which is the Technical Agent for the Member States
of the European Union. EASA issued AD 2020-0115, dated May 20, 2020
(EASA AD 2020-0115) (which corresponds to FAA AD 2020-26-07), to
correct an unsafe condition.
    AD 2020-26-07 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The FAA issued AD 2020-

26-07 to address reduced structural integrity of the airplane. AD 2020-
26-07 also specifies that accomplishing the revision required by that
AD terminates certain requirements of AD 2010-26-05, Amendment 39-16544
(75 FR 79952, December 21, 2010) (AD 2010-26-05). This proposed AD
would therefore continue to allow that terminating action.

Actions Since AD 2020-26-07 Was Issued

    Since the FAA issued AD 2020-26-07, EASA superseded AD 2020-0115
and issued EASA AD 2022-0137, dated July 6, 2022 (EASA AD 2022-0137)
(referred to after this as the MCAI), for all Dassault Aviation Model
MYSTERE-FALCON 900 airplanes. The MCAI states that since issuance of
EASA AD 2020-0115, a new maintenance task for eddy current inspections
of the flap tracks 2 and 5 has been introduced.
    The FAA is proposing this AD to address reduced structural
integrity of the airplane. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2022-1648.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0137. This service information
specifies a new airworthiness limitation for eddy current inspections
of the flap tracks 2 and 5.
    This proposed AD would also require EASA AD 2020-0115, which the
Director of the Federal Register approved for incorporation by
reference as of January 25, 2021 (85 FR 82901, December 21, 2020).
    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 ADDRESSES.

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, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain certain requirements of AD 2020-26-
07. This proposed AD would also require revising the existing
maintenance or inspection program, as applicable, to incorporate a new
airworthiness limitation, which is specified in EASA AD 2022-0137
already described, as proposed for incorporation by reference. Any
differences with EASA AD 2022-0137 are identified as exceptions in the
regulatory text of this AD.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (n)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to retain the IBR of EASA AD 2020-0115 and incorporate
EASA AD 2022-0137 by reference in the FAA final rule. This proposed AD
would, therefore, require compliance with EASA AD 2020-0115 and EASA AD
2022-0137 through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in EASA AD 2020-0115 or EASA AD 2022-0137 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2020-
0115 or EASA AD 2022-0137. Service information required by EASA AD
2020-0115 and EASA AD 2022-0137 for compliance will be available at
regulations.gov by searching for and locating Docket No. FAA-2022-1648
after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOCs paragraph under ``Additional AD Provisions.'' This new format
includes a ``New Provisions for Alternative Actions and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action or interval.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 151 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2020-26-07 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
    The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).

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 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) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2020-26-07, Amendment 39-21362
(85 FR 82901, December 21, 2020); and
0
b. Adding the following new AD:

Dassault Aviation: Docket No. FAA-2022-1648; Project Identifier
MCAI-2022-00894-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by January 30, 2023.

(b) Affected ADs

    (1) This AD replaces AD 2020-26-07, Amendment 39-21362 (85 FR
82901, December 21, 2020) (AD 2020-26-07).
    (2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR
79952, December 21, 2010) (AD 2010-26-05).

(c) Applicability

    This AD applies to all Dassault Aviation Model MYSTERE-FALCON
900 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new airworthiness
limitations are necessary. The FAA is issuing this AD to address
reduced structural integrity of the airplane.

(f) Compliance

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

(g) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2020-26-07, with no changes. 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 2020-0115, dated May 20, 2020 (EASA AD 2020-0115).
Accomplishing the revision of the existing maintenance or inspection
program required by paragraph (j) of this AD terminates the
requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2020-0115, With No Changes

    This paragraph restates the exceptions specified in paragraph
(j) of AD 2020-26-07, with no changes.
    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0115 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0115 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, to incorporate the ``limitations, tasks and
associated thresholds and intervals'' specified in paragraph (3) of
EASA AD 2020-0115 within 90 days after January 25, 2021 (the
effective date of AD 2020-26-07).
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2020-0115 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2020-0115, or
within 90 days after January 25, 2021 (the effective date of AD
2020-26-07), whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0115 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0115 does not apply
to this AD.

(i) Retained Restrictions on Alternative Actions or Intervals, With a
New Exception

    This paragraph restates the requirements of paragraph (k) of AD
2020-26-07, with a new exception. Except as required by paragraph
(j) of this AD, after the maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals are allowed unless they are
approved as specified in the provisions of the ``Ref. Publications''
section of EASA AD 2020-0115.

(j) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2022-0137, dated July 6, 2022 (EASA AD
2022-0137). Accomplishing the revision of the existing maintenance
or inspection program required by this paragraph terminates the
requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2022-0137

    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0137 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0137 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0137 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2022-0137, or within 90
days after the effective date of this AD, whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0137 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2022-0137 does not apply
to this AD.

(l) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the

``Ref. Publications'' section of EASA AD 2022-0137.

(m) Terminating Actions for Certain Requirements in AD 2010-26-05

    Accomplishing the actions required by paragraph (g) or (j) of
this AD terminates the requirements of paragraph (g)(1) of AD 2010-
26-05, for Dassault Aviation Model MYSTERE-FALCON 900 airplanes
only.

(n) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (o) of this AD. Information may be emailed to: [email protected]. 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, International
Validation Branch, FAA; or EASA; or Dassault Aviation's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(o) Additional Information

    For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
206-231-3226; email [email protected].

(p) 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.
    (3) The following service information was approved for IBR on
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0137,
dated July 6, 2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
January 25, 2021 (85 FR 82901, December 21, 2020).
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0115,
dated May 20, 2020.
    (ii) [Reserved]
    (5) For EASA ADs 2022-0137 and 2020-0115, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email [email protected]; website easa.europa.eu. You may find these
EASA ADs on the EASA website at ad.easa.europa.eu.
    (6) You may view this service information 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>.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 12, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-27293 Filed 12-15-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 17, 2008 (Volume 73, Number 52)]
[Notices]
[Page 14245-14246]
[DOCID:fr17mr08-54]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2008-0204; FRL-8542-9]

Board of Scientific Counselors, Land Research Program Mid-Cycle
Review Meetings--Spring 2008

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meetings.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, the Environmental Protection Agency, Office of Research and
Development (ORD), gives notice of three meetings of the Board of
Scientific Counselors (BOSC) Land Mid-Cycle Subcommittee.

DATES: The first meeting (a teleconference call) will be held on
Friday, April 18, 2008, from 11 a.m. to 1 p.m. EDT. The second meeting
(a teleconference call) will be held on Thursday, April 24, 2008, from
10 a.m. to 12 p.m. EDT. The third meeting (face-to-face meeting) will
be held on Thursday, May 8, 2008 from 10:30 a.m. to 3 p.m. CDT. The
meetings may adjourn early if all business is finished. Requests for
the draft agenda or for making oral presentations at the meetings will
be accepted up to 1 business day before each meeting.

ADDRESSES: Participation in the conference calls will be by
teleconference only--meeting rooms will not be used. Members of the
public may obtain the call-in number and access code for the calls from
Heather Drumm, whose contact information is listed under the FOR
FURTHER INFORMATION CONTACT section of this notice. The face to face
meeting will be held at the Springhill Suites, 24 Via de Luna,
Pensacola Beach, FL 32561. Submit your comments, identified by Docket
ID No. EPA-HQ-ORD-2008-0204, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail: Send comments by electronic mail (e-mail) to:
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-ORD-2008-0204.
     Fax: Fax comments to:<PHONE_NUMBER>, Attention Docket ID
No. EPA-HQ-ORD-2008-0204.
     Mail: Send comments by mail to: Board of Scientific
Counselors, Land Mid-Cycle Subcommittee Meeting--Spring 2008 Docket,
Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460,
Attention Docket ID No. EPA-HQ-ORD-2008-0204.
     Hand Delivery or Courier. Deliver comments to: EPA Docket
Center (EPA/DC), Room B102, EPA West Building, 1301 Constitution
Avenue, NW., Washington, DC, Attention Docket ID No. EPA-HQ-ORD-2008-
0204. Note: this is not a mailing address. Such deliveries are only
accepted during the docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2008-0204. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 http://
www.regulations.gov or e-mail. The http://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 http://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. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
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 http://www.regulations.gov or in hard copy at the Board of
Scientific Counselors, Land Mid-Cycle Subcommittee Meeting--Spring 2008
Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the ORD Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via
mail at: Heather Drumm, Mail Drop 8104-R, Office of Science Policy,
Office of Research and Development, Environmental Protection Agency,
1300 Pennsylvania Ave. NW., Washington, DC 20460; via phone/voice mail
at:<PHONE_NUMBER>; via fax at:<PHONE_NUMBER>; or via e-mail at:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

General Information

    Any member of the public interested in receiving a draft BOSC
agenda or making a presentation at either meeting may contact Heather
Drumm, the Designated Federal Officer, via any of the contact methods
listed in the FOR FURTHER INFORMATION CONTACT section above. In
general, each individual making an oral presentation will be limited to
a total of three minutes.
    Proposed agenda items for the meetings include, but are not limited
to: Teleconference #1: the objectives of the review; a summary of major
changes in the Land research program since 2005; update on the revised
Land Multi-Year Plan; Teleconference #2: update on Long Term Goal
progress since 2005; Face-to-Face meeting: the Land research program's
progress in response to recommendations from its 2005 BOSC review and
other activities, subcommittee discussions. The meetings are open to
the public.
    Information on Services for Individuals with Disabilities: For
information on access or services for individuals with disabilities,
please contact Heather Drumm at<PHONE_NUMBER> or
<EMAIL_ADDRESS>To request accommodation of a disability, please
contact Heather Drumm, preferably at least 10 days prior to the
meeting, to give EPA as much time as possible to process your request.

    Dated: March 11, 2008.
Jeff Morris,
Acting Director, Office of Science Policy.
[FR Doc. E8-5286 Filed 3-14-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Pages 48487-48490]
[FR Doc No: 2016-17443]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78354; File No. SR-NASDAQ-2016-102]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Nasdaq Rule 7018

July 19, 2016.
    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 July 13, 2016, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') a proposed rule change as described in
Items I, II and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    Nasdaq is proposing changes to amend Nasdaq Rule 7018(a) to: (i)
Amend the consolidated volume (``Consolidated Volume'') requirement for
a credit tier for providing liquidity in securities of all three Tapes;
(ii) delete a credit tier for providing liquidity in securities of all
three Tapes; and (iii) provide a new credit for providing liquidity in
securities of all three Tapes.
    The text of the proposed rule change is available at
nasdaq.cchwallstreet.com, at Nasdaq's principal office, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, 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 those statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend certain credits
for the use of the order execution and routing services of the Nasdaq
Market Center by members for all securities priced at $1 or more that
it trades.
    Specifically, the Exchange proposes to amend Nasdaq Rule
7018(a)(1), (2), and (3) to: (i) Amend the Consolidated Volume
requirement for a credit tier for providing liquidity in securities of
all three Tapes; \3\ (ii) delete a credit tier for providing liquidity
in securities of all three Tapes; and (iii) provide a new credit for
providing liquidity in securities of all three Tapes.
---------------------------------------------------------------------------

    \3\ There are three Tapes, which are based on the listing venue
of the security: Tape C securities are Nasdaq-listed; Tape A
securities are New York Stock Exchange (``NYSE'')-listed; and Tape B
securities are listed on exchanges other than Nasdaq and NYSE.
---------------------------------------------------------------------------

First Change
    The purpose of the first change is to increase the Consolidated
Volume requirement for accessing liquidity in an existing credit tier.
Currently, the credit tier requires a member to access more than 0.65%
of Consolidated Volume through one or more of its Nasdaq Market Center
MPIDs, provided that the member also provides a daily average of

at least 2 million shares of liquidity in all securities during the
month. The Exchange is proposing to increase the required Consolidated
Volume requirement to more than 0.80%. The current credit will remain
as $0.0029 per share executed. The Consolidated Volume requirement will
be increased as stated above for all three Tapes.
    Increasing the Consolidated Volume criteria will require members to
access more liquidity to receive the $0.0029 per share executed credit
tier, but the Exchange believes that the members that want to avail
themselves of this credit tier will be able to meet the increased
Consolidated Volume requirement. Increasing the amount of liquidity
accessed should be beneficial to other members as more of their resting
limit orders may be accessed by members seeking to attain this credit
tier.
Second Change
    The purpose of the second change is to delete the credit tier of
$0.0030 per share executed for a member with shares of liquidity
provided in all securities during the month representing more than
0.20% of Consolidated Volume during the month, through one or more of
its Nasdaq Market Center MPIDs and that qualifies for the additional
$0.05 per contract credit under Note c(3) of Nasdaq Options Market
(``NOM'') Chapter XV Section 2(1) in securities of all three Tapes.
    No market participants qualified for this credit tier recently,
thus rendering it ineffective as acting as an incentive. However, since
the Exchange is limited in the amount of credits that it can provide to
market participants and even though no market participants currently
qualify for this credit tier, this can easily shift from month to month
so Nasdaq is proposing to delete it. Nasdaq must be selective in
providing credits to members, and allocates credits to where it
believes it will receive the best result in terms of improvement to
market quality. The Exchange believes that eliminating this credit tier
for all three Tapes is the only way to ensure that it will not going
forward impact the overall balance of credits and fees.
Third Change
    The purpose of the third change is to provide an additional credit
to members that provide liquidity. Currently, the Exchange provides
several credits under Rules 7018(a)(1), (2), and (3), each of which
apply to securities of a different Tape, in return for market-improving
behavior. The Exchange is proposing to add a new credit tier of $0.0027
per share executed for a member that has shares of liquidity provided
in all securities during the month representing more than 0.10% of
Consolidated Volume during the month, through one or more of its Nasdaq
Market Center MPIDs, and that adds Customer,\4\ Professional,\5\
Firm,\6\ Non-NOM Market Maker \7\ and/or Broker-Dealer \8\ liquidity in
Non-Penny Pilot Options of 0.40% or more of total industry average
daily volume (``ADV'') in the customer clearing range for Equity and
exchange-traded fund (``ETF'') option contracts per day in a month on
the NOM.
---------------------------------------------------------------------------

    \4\ The term ``Customer'' or (``C'') applies to any transaction
that is identified by a Participant for clearing in the Customer
range at The Options Clearing Corporation (``OCC'') which is not for
the account of broker or dealer or for the account of a
``Professional'' (as that term is defined in Chapter I, Section
1(a)(48)).
    \5\ The term ``Professional'' or (``P'') means any person or
entity that (i) is not a broker or dealer in securities, and (ii)
places more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s) pursuant
to Chapter I, Section 1(a)(48). All Professional orders shall be
appropriately marked by Participants.
    \6\ The term ``Firm'' or (``F'') applies to any transaction that
is identified by a Participant for clearing in the Firm range at
OCC.
    \7\ The term ``NOM Market Maker'' or (``M'') is a Participant
that has registered as a Market Maker on NOM pursuant to Chapter
VII, Section 2, and must also remain in good standing pursuant to
Chapter VII, Section 4. In order to receive NOM Market Maker pricing
in all securities, the Participant must be registered as a NOM
Market Maker in at least one security.
    \8\ The term ``Broker-Dealer'' or (``B'') applies to any
transaction which is not subject to any of the other transaction
fees applicable within a particular category.
---------------------------------------------------------------------------

    As a general principle, the Exchange chooses to offer credits to
members in return for market improving behavior. Under Rule 7018(a),
the various credits the Exchange provides for members require them to
significantly contribute to market quality by providing certain levels
of Consolidated Volume through one or more of its Nasdaq Market Center
MPIDs, and volume on NOM. The Exchange believes that by adding more in
Non-Penny names on NOM that the market for these options on NOM will
improve and the Exchange seeks to encourage such behavior.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\9\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\10\ 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 the Exchange operates or controls, and is not designed
to permit unfair discrimination between customers, issuers, brokers, or
dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

First Change
    The Exchange believes that this proposed amendment to the
requirements of an existing credit tier provided in securities of all
three Tapes is reasonable because it amends a measure of activity with
another, both of which represent a significant contribution to that
market. Specifically, the Exchange is increasing the requirement that a
member with shares of liquidity accessed in all securities through one
or more of its Nasdaq Market Center MPIDs representing more than 0.65%
of Consolidated Volume during the month. The Exchange is proposing to
increase the monthly Consolidated Volume requirement from more than
0.65% to more than 0.80%. The member must also provide a daily average
of at least 2 million shares of liquidity in all securities through one
or more of its Nasdaq Market Center MPIDs during the month along with
the required shares of liquidity accessed.
    The Exchange believes that the proposed amendment to the
requirements of an existing credit tier provided in securities of all
three Tapes is an equitable allocation and is not unfairly
discriminatory because the Exchange will apply the same $0.0029 per
share executed credit to all similarly situated members. Thus, if a
member meets the requirements, it will receive the credit. Also, and as
previously discussed, Nasdaq believes that although increasing the
Consolidated Volume criteria will require members to access more
liquidity to receive the $0.0029 per share executed credit tier,
members seeking to achieve this credit tier will be able to meet the
increased Consolidated Volume requirement. Increasing the amount of
liquidity accessed should be beneficial to other members as their
resting limit orders may be accessed by members seeking to attain this
credit tier.
Second Change
    The Exchange believes that the proposed changes to delete a credit
tier for a member with shares of liquidity provided in all securities
during the month representing more than 0.20% of Consolidated Volume
during the month, through one or more of its Nasdaq Market Center MPIDs
and that qualifies for the additional $0.05 per contract credit under
Note c(3) of NOM Chapter XV Section 2(1) in securities of all three
Tapes is reasonable because the Exchange must, from time to time,
adjust the level of credits provided, and

the criteria required to receive them, to provide the most efficient
allocation of credits in terms of market improving behavior.
    Specifically, with regard to the eliminated $0.0030 per share
executed credit tier, as discussed previously, Nasdaq observed that no
market participants qualified for this credit tier recently, thus
rendering it ineffective as acting as an incentive. The Exchange is
limited in the amount of credits that it can provide to market
participants so even though no market participants currently qualified
for this credit tier, this can easily shift from month to month. Nasdaq
must be selective in providing credits to members, and allocates
credits to where it believes it will receive the best result in terms
of improvement to market quality. The Exchange believes that it is
reasonable to eliminate this credit tier as the only way to ensure that
it will not going forward impact the overall balance of credits and
fees.
    The Exchange believes that the proposed change to delete the credit
tier described above in Rule 7018(a) is an equitable allocation and is
not unfairly discriminatory because the Exchange will eliminate the
same credit for all similarly situated members. The credits Nasdaq
provides are designed to improve market quality for all market
participants, and Nasdaq allocates its credits in a manner that it
believes are the most likely to achieve that result. Elimination of the
existing credit tier under the rule is an equitable allocation and is
not unfairly discriminatory because no participants qualified under
this credit tier, therefore, its elimination will not impact any
members.
Third Change
    The Exchange believes that the proposed rule change to add a new
credit tier of $0.0027 per share executed is reasonable because it is
consistent with other credits that the Exchange provides to members
that provide liquidity. As discussed previously, as a general principle
the Exchange chooses to offer credits to members in return for market
improving behavior. Under Rule 7018(a), the various credits the
Exchange provides for members require them to significantly contribute
to market quality by providing certain levels of Consolidated Volume
through one or more of its Nasdaq Market Center MPIDs, and volume on
NOM. The proposed credit will be provided to members that not only
contribute to the Exchange by providing more than 0.10% of Consolidated
Volume through one or more of its Nasdaq Market Center MPIDs during the
month, but also adds Customer, Professional, Firm, Non-NOM Market Maker
and/or Broker-Dealer liquidity in Non-Penny Pilot Options of 0.40% or
more of total industry ADV in the customer clearing range for Equity
and ETF option contracts per day in a month on the NOM.
    The Exchange believes that the proposed new credit tier is
reasonable because although it provides for a lower credit than some
other NOM-linked credit tiers, it also has a corresponding lower
Consolidated Volume threshold of 0.10%. Also, the proposed new credit
tier specifically requires adding liquidity in Non-Penny Pilot
Options.\11\ Currently, the credit tier referencing the NOM fee
schedule that is being deleted in the Second Change (described above)
also has a Non-Penny liquidity component as part of the criteria, so
using liquidity in Non-Penny Pilot Options as a tiering criteria is not
novel.
---------------------------------------------------------------------------

    \11\ See NOM Chapter XV, Note c(3)(b) to Section 2(1), which
also supports members to add Customer, Professional, Firm, Non-NOM
Market Maker and/or Broker-Dealer liquidity in Non-Penny Pilot
Options.
---------------------------------------------------------------------------

    The Exchange believes that the proposed $0.0027 per share executed
credit is an equitable allocation and is not unfairly discriminatory
because the Exchange will apply the same credit to all similarly
situated members. Thus, if a member meets the requirements, it will
receive the credit. A member achieving this credit tier will be
providing liquidity in less liquid options classes (i.e., Non-Penny
names). The Exchange believes that by adding more in Non-Penny names on
NOM that the market for these options on NOM will improve and the
Exchange seeks to encourage such behavior.

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. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive, or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees to remain competitive with other exchanges and with
alternative trading systems that have been exempted from compliance
with the statutory standards applicable to exchanges. Because
competitors are free to modify their own fees in response, and because
market participants may readily adjust their order routing practices,
the Exchange believes that the degree to which fee changes in this
market may impose any burden on competition is extremely limited.
    In this instance, the changes to the credits provided for the use
of the order execution and routing services of the Nasdaq Market Center
by members for all securities priced at $1 or more that it trades are
reflective of the intense competition among trading venues in capturing
order flow. Moreover, the proposed changes do not impose a burden on
competition because Exchange membership is optional and is also the
subject of competition from other trading venues. For these reasons,
the Exchange does not believe that any of the proposed changes will
impair the ability of members or competing order execution venues to
maintain their competitive standing in the financial markets. Moreover,
because there are numerous competitive alternatives to the use of the
Exchange, it is likely that the Exchange will lose market share as a
result of the changes if they are unattractive to market participants.

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

    Written comments were neither solicited nor received.

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

    The foregoing change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\12\ 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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2016-102 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2016-102. 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
10:00 a.m. and 3:00 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 available publicly. All
submissions should refer to File Number SR-NASDAQ-2016-102, and should
be submitted on or before August 15, 2016.

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

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

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-17443 Filed 7-22-16; 8:45 am]
 BILLING CODE 8011-01-P