[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Notices]
[Pages 67526-67528]
[FR Doc No: 2011-28201]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65624; File No. SR-NYSEARCA-2011-75]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Expanding the Scope of Potential ``Users'' of
Its Co-Location Services To Include Any Market Participant That
Requests To Receive Co-Location Services Directly From the Exchange and
Amending Its Fee Schedule To Establish a Fee for Users That Host Their
Customers at the Exchange's Data Center

October 26, 2011.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 14, 2011, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to expand the scope of potential ``Users'' of
its co-location services to include any market participant that
requests to receive co-location services directly from the Exchange. In
addition, the Exchange proposes to amend its Fee Schedule to establish
a fee for Users that host their customers at the Exchange's data
center. The text of the proposed rule change is available at the
Exchange, the Commission's Public Reference Room, and http://www.nyse.com.

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 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 Exchange operates a data center in Mahwah, New Jersey from
which it provides co-location services to Users.\4\ For purposes of its
co-location services, the term ``User'' currently includes any OTP
Holder, OTP Firm or Sponsored Participant that is authorized to obtain
access to the NYSE Arca System pursuant to NYSE Arca Options Rule 6.2A
(see NYSE Arca Options Rule 6.1A(a)(19)).\5\ The Exchange proposes to
expand the scope of potential Users of its co-location services to
include any market participant that requests to receive co-location
services directly from the Exchange.\6\ Under the proposed rule change,
Users could therefore include OTP Holders, OTP Firms, Sponsored
Participants, non-OTP Holder and non-OTP Firm broker dealers and
vendors. The Exchange anticipates that the potential additional Users
would provide, for example, hosting, service bureau, technical support,
risk management, order routing and market data delivery services to
their customers while the User is co-located in the Exchange's data
center.\7\ As is the case with all Exchange co-location arrangements,
neither a User, nor any of its customers, would be permitted to submit
orders directly to the Exchange unless such User or customer is an OTP
Holder, OTP Firm or a Sponsored Participant. All existing co-location
terms, conditions, facilities, services, and applicable fees would
apply to these potential new Users.
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    \4\ See Securities Exchange Act Release No. 63275 (November 8,
2010), 75 FR 70048 (November 16, 2010) (SR-NYSEArca-2010-100).
    \5\ Id. at note 7.
    \6\ As is the case today, prospective Users must agree to, and
be capable of satisfying, any applicable co-location fees,
requirements, terms and conditions established from time to time by
the Exchange.
    \7\ The Exchange anticipates that a User's customer(s) could
include, under certain circumstances, other Users of the Exchange's
co-location services.
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    The Exchange also proposes to amend its Fee Schedule to establish a
fee applicable to Users that provide hosting services to their
customers (``Hosted Users'') at the Exchange's data center. ``Hosting''
would be a service offered by a User to a Hosted User and could
include, for example, a User supporting its Hosted User's technology,
whether hardware or software, through the User's co-location space.
Specifically, the Exchange proposes to charge each User a fee of
$500.00 per month for each Hosted User that the User hosts in the
Exchange's data center. Users would independently set fees for their
Hosted Users and the Exchange would not receive a share of any such
fees
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Securities Exchange Act of 1934 (the
``Act''),\8\ in general, and furthers the objectives of Section 6(b)(4)
\9\ and 6(b)(5) of the Act,\10\ in particular, because it provides for
the equitable allocation of reasonable dues, fees, and other charges
among its members and issuers and other persons using its facilities
and is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, 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.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 15 U.S.C. 78f(b)(5).
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    The Exchange's proposal to expand the scope of potential Users of
its co-location services to include any market participant that
requests to receive co-location services directly from the Exchange
would increase access to the Exchange's co-location facilities by
allowing additional types of Users to use those facilities. In this
regard, co-location services would be offered by the Exchange to these
additional types of Users, as is the case today for existing Users, in
a manner that would not unfairly discriminate between or among market
participants that are otherwise capable of satisfying any applicable
co-location fees, requirements, terms and conditions established from
time to time by the Exchange.
    Additionally, the proposed hosting fee would be applied uniformly
for comparable services provided by the Exchange and would not unfairly
discriminate between similarly situated Users of co-location services.
In this regard, the proposed hosting capability and related fee would
be applicable to all interested Users that provide hosting services. In
addition, the Exchange believes that the proposed hosting fee is
reasonable in that it is designed to defray applicable expenses
incurred or resources expended by the Exchange related to such
services, including, but not limited to, configuration of Users'
connections to their Hosted User customers and subsequent monitoring
thereof by Exchange staff.

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 that is 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

    No written comments were solicited or received with respect to the
proposed rule change.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEARCA-2011-75 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-NYSEARCA-2011-75. This
file number should be included on the subject line if email is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room on
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 NYSE. 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-NYSEARCA-2011-75, and should be submitted on or before November 22,
2011.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-28201 Filed 10-31-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Notices]
[Page 47060]
[FR Doc No: 2012-19275]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL12-95-000]

Missouri Joint Municipal Electric Utility Commission; Notice of
Filing

    Take notice that on July 30, 2012, Missouri Joint Municipal
Electric Utility Commission filed a Proposed Revenue Requirement for
reactive supply service under Midwest Independent Transmission System
Operator, Inc. Tariff Schedule 2.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on August 20, 2012.

    Dated: July 31, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-19275 Filed 8-6-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Notices]
[Page 124]
[FR Doc No: 2013-31399]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

December 24, 2013.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER14-824-000.
    Applicants: National Grid-Glenwood Energy Center, LLC.
    Description: National Grid Glenwood Energy Ctr MBR Tariff Revisions
Pursuant to Order 784 to be effective 2/23/2014.
    Filed Date: 12/24/13.
    Accession Number: 20131224-5023.
    Comments Due: 5 p.m. ET 1/14/14.

    Docket Numbers: ER14-825-000.
    Applicants: National Grid-Port Jefferson Energy Center, LLC.
    Description: National Grid Port Jefferson MBR Tariff Revisions
Pursuant to Order 784 to be effective 2/23/2014.
    Filed Date: 12/24/13.
    Accession Number: 20131224-5024.
    Comments Due: 5 p.m. ET 1/14/14.

    Docket Numbers: ER14-826-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Notice of Cancellation of Original Service Agreement
No. 3184; Queue No. W3-032 to be effective 12/24/2013.
    Filed Date: 12/24/13.
    Accession Number: 20131224-5038.
    Comments Due: 5 p.m. ET 1/14/14.

    Docket Numbers: ER14-827-000.
    Applicants: Golden Spread Electric Cooperative, Inc.
    Description: Golden Spread Electric Cooperative, Inc. submits
response to Order No. 784 regarding compliance requirements.
    Filed Date: 12/23/13.
    Accession Number: 20131223-5272.
    Comments Due: 5 p.m. ET 1/13/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or 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 comment date. 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-31399 Filed 12-31-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Notices]
[Pages 37718-37719]
[FR Doc No: 2015-16138]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7918; FMCSA-2001-9561; FMCSA-2002-13411; FMCSA-
2003-14504; FMCSA-2006-24015; FMCSA-2007-2663; FMCSA-2007-25246; FMCSA-
2007-27897; FMCSA-2008-0174; FMCSA-2008-0266; FMCSA-2011-0024; FMCSA-
2011-0057; FMCSA-2011-0092; FMCSA-2013-0027; FMCSA-2013-0028]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
23 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective August 8, 2015. Comments must be
received on or before July 29, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2000-
7918; FMCSA-2001-9561; FMCSA-2002-13411; FMCSA-2003-14504; FMCSA-2006-
24015; FMCSA-2007-2663; FMCSA-2007-25246; FMCSA-2007-27897; FMCSA-2008-
0174; FMCSA-2008-0266; FMCSA-2011-0024; FMCSA-2011-0057; FMCSA-2011-
0092; FMCSA-2013-0027; FMCSA-2013-0028], using any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     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 or Courier: 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.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

II. Exemption Decision

    This notice addresses 23 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 23 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Juan D. Adame, Jr. (TX)
James C. Barr (OH)
Jean-Pierre G. Brefort (CT)
Ryan L. Brown (IL)
David S. Carman (NJ)
Todd A. Chapman (NC)
Timothy J. Curran (CA)
Erik R. Davis (GA)
Paul W. Dawson (CO)
Everett A. Doty (AZ)
Waylon E. Hall (LA)
Gary D. Hallman (AL)
Dean R. Hawley (NC)
Edward J. Kasper (DE)
David J. Kibble (PA)
Darrell W. Knorr (IL)
Jorge G. Lopez (OH)
William F. Nickel, V (OR)
Gonzalo Pena (FL)
Robert A. Reyna (UT)
Tim M. Seavy (IN)
Charles R. Sylvester (NC)
David R. Thomas (AL)

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) the person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date

and may be renewed upon application for additional two year periods. In
accordance with 49 U.S.C. 31136(e) and 31315, each of the 23 applicants
has satisfied the entry conditions for obtaining an exemption from the
vision requirements (65 FR 66286; 66 FR 13825; 66 FR 30502; 66 FR
33990; 66 FR 41654; 67 FR 76439; 68 FR 10298; 68 FR 10300; 68 FR 19598;
68 FR 33570; 68 FR 44837; 70 FR 7545; 70 FR 7546; 70 FR 25878; 70 FR
41811; 71 FR 14566; 71 FR 30227; 72 FR 180; 72 FR 7111; 72 FR 7812; 72
FR 8417; 72 FR 9397; 72 FR 28093; 72 FR 36099; 72 FR 39879; 72 FR
40362; 72 FR 52419; 73 FR 27014; 73 FR 38497; 73 FR 48271; 73 FR 51689;
73 FR 63047; 74 FR 6212; 74 FR 19270; 74 FR 26466; 74 FR 34395; 75 FR
50799; 75 FR 66423; 75 FR 77590; 76 FR 9861; 76 FR 17481; 76 FR 18824;
76 FR 21796; 76 FR 25762; 76 FR 25766; 76 FR 28125; 76 FR 29024; 76 FR
37885; 76 FR 44652; 77 FR 70537; 78 FR 10250; 78 FR 14410; 78 FR 24300;
78 FR 24798; 78 FR 27281; 78 FR 37270; 78 FR 41188; 78 FR 46407; 78 FR
51268; 78 FR 56993; 79 FR 24298). Each of these 23 applicants has
requested renewal of the exemption and has submitted evidence showing
that the vision in the better eye continues to meet the requirement
specified at 49 CFR 391.41(b)(10) and that the vision impairment is
stable. In addition, a review of each record of safety while driving
with the respective vision deficiencies over the past two years
indicates each applicant continues to meet the vision exemption
requirements.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

IV. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2000-7918; FMCSA-2001-9561; FMCSA-2002-13411; FMCSA-2003-
14504; FMCSA-2006-24015; FMCSA-2007-2663; FMCSA-2007-25246; FMCSA-2007-
27897; FMCSA-2008-0174; FMCSA-2008-0266; FMCSA-2011-0024; FMCSA-2011-
0057; FMCSA-2011-0092; FMCSA-2013-0027; FMCSA-2013-0028), indicate the
specific section of this document to which each comment applies, and
provide a reason for each suggestion or recommendation. You may submit
your comments and material online or by fax, mail, or hand delivery,
but please use only one of these means. FMCSA recommends that you
include your name and a mailing address, an email address, or a phone
number in the body of your document so the Agency can contact you if it
has questions regarding your submission.
    To submit your comment online, got to http://www.regulations.gov
and put the docket number, ``FMCSA-2000-7918; FMCSA-2001-9561; FMCSA-
2002-13411; FMCSA-2003-14504; FMCSA-2006-24015; FMCSA-2007-2663; FMCSA-
2007-25246; FMCSA-2007-27897; FMCSA-2008-0174; FMCSA-2008-0266; FMCSA-
2011-0024; FMCSA-2011-0057; FMCSA-2011-0092; FMCSA-2013-0027; FMCSA-
2013-0028'' in the ``Keyword'' box, and click ``Search.'' When the new
screen appears, click on ``Comment Now!'' button and type your comment
into the text box in the following screen. Choose whether you are
submitting your comment as an individual or on behalf of a third party
and then submit. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit comments by
mail and would like to know that they reached the facility, please
enclose a stamped, self-addressed postcard or envelope. FMCSA will
consider all comments and material received during the comment period
and may change this notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number,
``FMCSA-2000-7918; FMCSA-2001-9561; FMCSA-2002-13411; FMCSA-2003-14504;
FMCSA-2006-24015; FMCSA-2007-2663; FMCSA-2007-25246; FMCSA-2007-27897;
FMCSA-2008-0174; FMCSA-2008-0266; FMCSA-2011-0024; FMCSA-2011-0057;
FMCSA-2011-0092; FMCSA-2013-0027; FMCSA-2013-0028'' in the ``Keyword''
box and click ``Search.'' Next, click ``Open Docket Folder'' button
choose the document listed to review. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.

    Issued on: June 23, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-16138 Filed 6-30-15; 8:45 am]
BILLING CODE 4910-EX-P


AGENDA PESTICIDE PROGRAM DIALOGUE COMMITTEE MEETING National Rural Electric Cooperative Association ( NRECA) Conference Center 4301 Wilson Boulevard, Arlington, VA ( Ballston Metro Stop) 703/ 907 5500 May 25 & 26, 2004 Tuesday, May 25 9: 00 9: 15 WELCOME AND OPENING REMARKS Susan Hazen, Principal Deputy Assistant Administrator, OPPTS Adam Sharp, Associate Assistant Administrator, OPPTS Jim Jones, Director, Office of Pesticide Programs 9: 15 10: 45 SESSION I   REPORT FROM REGISTRATION REVIEW WORK GROUP Discussion Leaders: Jay Ellenberger, Associate Director, FEAD Susan Lewis, Chief, Reregistration Branch I, SRRD ( Presentations by Work Group Members)

10: 45 11: 00 BREAK 11: 00 12: 00 SESSION II   GLOBALLY HARMONIZED SYSTEM OF CLASSIFICATION & LABELLING OF CHEMICALS Discussion Leaders: MaryFrances Lowe and Debbie McCall 12: 00 12: 15 SESSION III   PROGRAM UPDATES * Human Testing ( Bill Jordan) * PR Notice on Mosquito Labeling ( Jim Roelofs) * PSEP Funding ( Bill Diamond)

12: 15 1: 15 LUNCH 1: 15 3: 10 SESSION IV   ENDANGERED SPECIES Discussion Leader: Bill Diamond, Director, Field & External Affairs Division 3: 10 3: 20 BREAK 3: 20 4: 20 SESSION V ENVIRONMENTAL MARKETING CLAIMS Discussion Leader: Lin Moos, Senior Advisor, Field and External Affairs Div Panel Discussion: Julie Spagnoli, Director, Federal Government Affairs, Bayer HealthCare Paula Bodey, Director, Regulatory and Environmental Affairs, Scotts Mary Ellen Setting, Assistant Secretary, Office of Plant Industries And Pest Management, Maryland Department of Agriculture 4: 20 4: 45 PUBLIC COMMENT 4: 45 5: 00 DAY # 1 MEETING WRAP UP AND ADJOURNMENT * * *

PESTICIDE PROGRAM DIALOGUE COMMITTEE MEETING   DAY # 2 Wednesday, May 26 9: 00 10: 00 SESSION VI REGISTRATION FEES Process Improvements Worker Protection Set Aside Discussion Leader: Marty Monell, Deputy Director for Management, OPP 10: 00 10: 30 SESSION VII PROGRAM UPDATES * Schedule for Reregistration and Tolerance Reassessment   2004 2008 ( Debbie Edwards) * Public Participation Process ( Debbie Edwards) * Alternative Non Animal Testing ( Debbie Edwards)

10: 30 10: 45 BREAK 10: 45 11: 15 SESSION VIII TIMING AND PREVIEW OF TOPICS FOR FUTURE PPDC MEETING Discussion Leader: Jim Jones 11: 15 11: 45 SESSION IX PROGRAM UPDATES * Section 18 Changes ( Lois Rossi) * PESP/ Risk Reduction Activities ( Janet Andersen) * CCA Guidance Update ( Frank Sanders) * Registration and Reregistration Activities 11: 45 12: 00 PUBLIC COMMENT 12: 00 12: 05 MEETING WRAP UP AND ADJOURNMENT


[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Notices]
[Pages 44956-44958]
[FR Doc No: 2014-18119]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72684; File No. SR-NASDAQ-2014-072]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Disclose Publicly the Sources of Data Used for Exchange Functions

July 28, 2014.
    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 15, 2014, The NASDAQ Stock Market LLC (``NASDAQ'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I and II
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 Substance
of the Proposed Rule Change

    NASDAQ proposes a rule change to disclose publicly the sources of
data, whether from the network processors or from direct data feeds,
that NASDAQ utilizes when performing (1) order handling and execution;
(2) order routing; and (3) related compliance processes.

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
    In her June 5, 2014 market structure speech, the Chair requested
that all national securities exchanges review and disclose their
policies and procedures governing the market data used when performing
important exchange functions.\3\ In a letter dated June 20, 2014, the
Director of the Division of Trading and Markets codified this request:
---------------------------------------------------------------------------

    \3\ See Mary Jo White, Chair, Securities and Exchange
Commission, Speech at the Sandler O'Neill & Partners L.P. Global
Exchange and Brokerage Conference (June 5, 2014).

    We believe there is a need for clarity regarding whether (1) the
SIP data feeds, (2) proprietary data feeds, or (3) a combination
thereof, are used by the exchanges for purposes of (1) order
handling and execution (e.g., with pegged or midpoint orders), (2)
order routing, and (3) regulatory compliance, as applicable. . . .
Accordingly, we ask that proposed rule changes be filed that
disclose the particular market data feeds that are used for each of
these purposes. Consistent with your recent discussions with
Commission staff, we ask that each SRO file these proposed rule
changes with the Commission by July 15, 2014.\4\
---------------------------------------------------------------------------

    \4\ See Letter from Steven Luparello, Director, SEC Division of
Trading and Markets, to Robert Greifeld, Chief Executive Officer,
NASDAQ OMX Group, Inc., dated June 20, 2014.

    NASDAQ fully supports the Commission's efforts to provide more
clarity in this area. In fact, in 2011, NASDAQ disclosed its general
practices governing the use of market data in the handling, execution,
---------------------------------------------------------------------------
and routing of orders on NASDAQ:

    The Exchange is also changing its policies and procedures under
Regulation NMS governing the data feeds used by its execution system
and routing engine. Current policies state that those systems use
data provided by the network processors. In the future, those
systems will use data provided either by the network processors or
by proprietary feeds offered by certain exchanges directly to
vendors. The determination of which data feed to utilize will be the
same as the determination made with respect to the [MatchView] Feed.
In other words, the Exchange execution system, routing engine and
Feed will each utilize the same data for a given exchange. . . .\5\
---------------------------------------------------------------------------

    \5\ See SR-NASDAQ-2011-118 (Aug. 18, 2011); 76 FR 53007 (Aug.
25, 2011).

    Although, as described above, NASDAQ publicly disclosed its general
practice of consuming data from a combination of network processor and
proprietary data feeds, NASDAQ did not disclose the specific feeds
NASDAQ utilizes for each individual exchange, and it did not describe
its data usage practice with respect to related compliance checks.
    Through this proposed rule change, NASDAQ is publicly clarifying on
a market-by-market basis the specific network processor and proprietary
data feeds that NASDAQ utilizes for the handling, routing, and
execution of orders, and for performing the regulatory compliance
checks related to each of those functions. These complex practices are
governed by a few, simple principles that are designed to ensure that
NASDAQ has the most accurate view of the trading interest available
across multiple markets, and to maximize the synchronization of the
many exchange functions that depend upon the calculation of an accurate
NBBO and top-of-book for each market. These principles are:
    1. NASDAQ uses a proprietary data feed from each exchange that
provides a reliable proprietary data feed. Where no reliable
proprietary data feed is available, NASDAQ uses the network processor
feed;
    2. Where NASDAQ uses a proprietary data feed for an exchange quote,
it also maintains access to the network processor feed as a back-up in
the event a specific proprietary feed become unavailable or unusable
for any reason;
    3. NASDAQ uses the same proprietary data feed when performing order
handling, routing, and execution functions, and also when the execution
and routing system performs internal compliance checks related to those
functions; and
    4. NASDAQ acquires and processes all proprietary and network
processor feeds via the same technological

configuration (i.e., telecommunication circuitry, switches, and feed
handlers) to the greatest extent possible.
    5. NASDAQ calculates the National Best Bid and Offer (``NBBO'') and
top-of-book for each exchange at a single point within the NASDAQ
system, and then distributes that data simultaneously to numerous
applications performing order handling,\6\ routing, execution, and
internal compliance functions throughout the NASDAQ system.
---------------------------------------------------------------------------

    \6\ With respect to order handling, the NBBO and top-of-book
calculation feeds applications governing the proper processing
midpoint orders, pegged orders, price-to-comply orders, and retail
orders.
---------------------------------------------------------------------------

    As of the date of this filing, NASDAQ utilizes the following data
feeds for the handling, execution and routing of orders, as well as for
performing related compliance checks:

----------------------------------------------------------------------------------------------------------------
              Market center                        Primary source                     Secondary source
----------------------------------------------------------------------------------------------------------------
A--NYSE MKT (AMEX)......................  CQS/UQDF........................  n/a.
B--NASDAQ OMX BX........................  BX ITCH 4.1.....................  CQS/UQDF.
D--FINRA ADF............................  CQS/UQDF........................  n/a.
J--DirectEdge A.........................  EdgeBook........................  CQS/UQDF.
K--DirectEdge X.........................  EdgeBook........................  CQS/UQDF.
M--CSX..................................  CQS/UQDF........................  n/a.
N--NYSE.................................  NYSE OpenBook Ultra.............  CQS/UQDF.
P--NYSE Arca............................  ArcaBook Binary uncompacted.....  CQS/UQDF.
T/Q--NASDAQ.............................  ITCH 4.1........................  CQS/UQDF.
W--CBOE.................................  CQS/UQDF........................  n/a.
X--NASDAQ OMX PSX.......................  PSX ITCH 4.1....................  CQS/UQDF.
Y--BATS Y-Exchange......................  BATS PITCH......................  CQS/UQDF.
Z--BATS Exchange........................  BATS PITCH......................  CQS/UQDF.
----------------------------------------------------------------------------------------------------------------

    NASDAQ uses these feeds to calculate the NBBO via an application
called the ``NMSFeed.'' The NMSFeed consumes the NASDAQ Protected Quote
Service (``NPQS''), which provides an internal view of that exchange's
own market data as NASDAQ ITCH, plus the proprietary and network
processor market data feeds listed above. The NMSFeed calculates a
Regulation NMS-Compliant ``Best Bid or Offer'' (``Compliant BBO''), and
then delivers that information throughout the NASDAQ System, including
to the ``OUCH'' order entry ports,\7\ the routing system, and various
compliance applications described below.
---------------------------------------------------------------------------

    \7\ OUCH is a protocol that allows NASDAQ participants to enter,
replace and cancel orders and receive executions. In addition to
OUCH, NASDAQ offers the FLITE protocol as an option for
participants. In this document, references to OUCH also include
FLITE because they are interchangeable for these purposes.
---------------------------------------------------------------------------

    Upon receipt of an update to a protected quote for a specific
venue, the NMSFeed updates its quote for that venue, recalculates the
consolidated BBO based upon the update, and recalculates the Compliant
BBO after applying NASDAQ's own BBO. Any quote that crosses NASDAQ's
BBO is ignored. NASDAQ odd lot orders at the same price are aggregated
and considered in the NBBO calculation if the sum is greater than or
equal to a round lot. Otherwise, they are not considered in the NBBO
calculation. Out of the remaining quotes, the most aggressive remaining
bid and offer (excluding NASDAQ \8\ and any destination which has been
excluded from the NBBO in compliance with the self-help procedures
under Regulation NMS) is selected and reported as the best quote. If
away markets are crossing the market after applying NASDAQ's BBO,
orders will be accepted as originally priced and have the potential to
execute. Any order sent to NASDAQ that is not an Intermarket Sweep
Order (``ISO'') will have the Compliant BBO check enforced by the
system.\9\
---------------------------------------------------------------------------

    \8\ Deletion of NASDAQ's quote at this stage of the process is
necessary because otherwise the system would prevent valid
executions on NASDAQ in the erroneous belief that such executions
would be ``trade throughs'' in violation of Regulation NMS.
    \9\ In general, any order that is sent to NASDAQ with an ISO
flag is not re-priced and will be processed at its original price.
There are a limited number of circumstances in which an order marked
as an ISO will be determined not to be executable at its original
price and will be re-priced. These include re-pricing under the Plan
to Address Extraordinary Market Volatility, re-pricing to comply
with Regulation SHO, and the re-pricing of an order with a post-only
condition if NASDAQ has an order at that price at the time the order
is accepted.
---------------------------------------------------------------------------

    The NASDAQ OMX Routing and Special Handling System (``RASH'')
utilizes the Compliant BBO to determine if and when an order with
special processing directives is marketable either against one or more
orders in either the Core Matching System or a remote trading venue.
RASH also receives market data feeds from certain venues not displaying
protected quotes in the national market system for use in ``QDRK'' and
``QCST'' routing strategies set forth in NASDAQ Rule
4758(a)(1)(A)(xiii) [sic] and (xiv) [sic], respectively. RASH maintains
a number of routing processes, or Routers, unique to each venue that
the System accesses. These Routers maintain a limited set of details
for orders that are configured as routable by the user, while also
monitoring the current best bid and best offer prices on each exchange.
    The NASDAQ system includes internal compliance applications related
to locked and crossed markets, trade throughs, limit-up/limit-down, and
Regulation SHO compliance. Each of these applications utilizes the
Compliant BBO to ensure compliance with applicable regulations.
    NASDAQ operates a separate real-time surveillance system that is
external to the execution systems and that monitors the execution
system's compliance with applicable rules and regulations. The real-
time surveillance system utilizes a ``mirrored'' version of the
internal NMSFeed in various realtime surveillance patterns, including
(1) Lock/Cross, which detects lock/cross events across all markets,
regardless of whether or not NASDAQ is a participant in the event; (2)
Trade Through, which detects potential trade through events for all
three NASDAQ equity markets; and (3) RegSho, which detects potential
RegSho violations, alerting when a trade executes at or below the NBB
at the time of order entry while the stock is in a RegSho restricted
state.
    In addition to the operational transparency provided above, NASDAQ
is also proposing to add Rule 4759, which will provide for the public
display of the proprietary and network processor feeds that NASDAQ
utilizes in the order handling, routing, and

execution processes described above, as well as in the compliance
functions described above. NASDAQ will display this information on
www.nasdaqtrader.com, which is heavily used by NASDAQ members and their
customers.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\10\ in general and with
Sections 6(b)(5) of the Act,\11\ in particular in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The Exchange believes that
this proposal is in keeping with those principles by enhancing
transparency through the dissemination of the most accurate quotations
data and by clarifying its contents.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 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
Commission deems this requirement to have been met.
---------------------------------------------------------------------------

    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. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2014-072 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-2014-072. 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 the 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-2014-072 and should
be submitted on or before August 22, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-18119 Filed 7-31-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 2, 2008 (Volume 73, Number 232)]
[Notices]
[Page 73379-73381]
[DOCID:fr02de08-120]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Passenger Facility Charge (PFC) Approvals and
Disapprovals

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Monthly Notice of PFC Approvals and Disapprovals. In August
2008, there were four applications approved. This notice also includes
information on one application, approved in July 2008, inadvertently
left off the July 2008 notice. Additionally, 12 approved amendments to
previously approved applications are listed.

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SUMMARY: The FAA publishes a monthly notice, as appropriate, of PFC
approvals and disapprovals under the provisions of the Aviation Safety
and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget
Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the
Federal Aviation Regulations (14 CFR part 158). This notice is
published pursuant to paragraph d of Sec.  158.29.

PFC Applications Approved

    Public Agency: County of Sheridan, Sheridan, Wyoming.
    Application Number: 08-04-C-00-SHR.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved In This Decision: $736,114.
    Earliest Charge Effective Date: October 1, 2008.
    Estimated Charge Expiration Date: June 1, 2015.
    Class of Air Carriers Not Required to Collect PFC's: None.
    Brief Description of Projects Approved for Collection and Use:
    Security fencing.
    Emergency generator.
    Rehabilitate taxiway (schedule I).
    Runway safety area.
    Wildlife hazard study.
    Terminal/aircraft rescue and firefighting building improvements.
    Snow removal equipment.
    Apron expansion.
    Reconstruct terminal parking.
    Rehabilitate taxiway (schedule II).
    Terminal building upgrades.
    PFC application and administration fees.
    Decision Date: July 30, 2008.

FOR FURTHER INFORMATION CONTACT: Chris Schaffer, Denver Airports
District Office,<PHONE_NUMBER>.
    Public Agency: City of Wichita Falls, Texas.
    Application Number: 08-O1-C-00-SPS.
    Application Type: Impose and use a PFC.
    Total PFC Revenue Approved In This Decision: $1,646,268.
    PFC Level: $4.50.
    Earliest Charge Effective Date: October 1, 2008.
    Estimated Charge Expiration Date: December 1, 2017.
    Class of Air Carriers Not Required to Collect PFC's: None.
    Brief Description of Projects Approved for Collection at Wichita
Falls Municipal Airport (SPS) and Use at SPS:
    Rehabilitate taxiway C and terminal apron.
    Planning studies.
    Rehabilitate runway 17/35.
    Brief Description of Projects Approved for Collection at SPS and
Use at Kickapoo Downtown Airport (CWC):
    Acquire CWC.
    Planning studies.
    Improve airfield.
    PFC application.
    Decision Date: August 4, 2008.

FOR FURTHER INFORMATION CONTACT: Guillermo Villalobos, Texas Airports
Development Office,<PHONE_NUMBER>.
    Public Agency: Tweed-New Haven Regional Airport Authority, New
Haven, Connecticut.
    Application Number: 08-04-C-00-HVN.
    Application Type: Impose and use a PFC.
    Total PFC Revenue Approved In This Decision: $352,756.
    PFC Level: $4.50.
    Earliest Charge Effective Date: February 1, 2009.
    Estimated Charge Expiration Date: January 1,2011.
    Class of Air Carriers Not Required to Collect PFC's:
    Air taxi--commercial operators non-scheduled/on-demand air
carriers.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at Tweed-New Haven Regional Airport.
    Brief Description of Projects Approved for Collection and Use:
    Acquisition of aircraft rescue and firefighting vehicle.
    Terminal apron reconstruction--construction of glycol collection
system.
    Construction of runway 2 safety area and taxiway B (extension)
(phase I).
    Aeronautical study.
    Replace airport beacon.
    Wildlife study.
    Decision Date: August 14, 2008.

FOR FURTHER INFORMATION CONTACT: Priscilla Scott, New England Region
Airports Division,<PHONE_NUMBER>.

    Public Agency: South Jersey Transportation Authority, Egg Harbor
Township, New Jersey.
    Application Number: 08-06-C-00-ACY.
    Application Type: Impose and use a PFC.
    Total PFC Revenue Approved In This Decision: $5,515,092.
    PFC Level: $4.50.
    Earliest Charge Effective Date: January 1, 2010.
    Estimated Charge Expiration Date: May 1, 2011.
    Class of Air Carriers Not Required to Collect PFC's:
    Air taxi/commercial operators--non-scheduled/on-demand air carriers
filing FAA Form 1800-31.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at Atlantic City International Airport.
    Brief Description of Projects Approved for Collection and Use:
    Acquisition of structural firefighting vehicle.
    Terminal apron expansion, phase I.
    Decision Date: August 18, 2008.

FOR FURTHER INFORMATION CONTACT: Lori Ledebohm, Harrisburg Airports
District Office,<PHONE_NUMBER>.
    Public Agency: County of Milwaukee, Milwaukee, Wisconsin.
    Application Number: 08-14-C-00-MKE.
    Application Type: Impose and use a PFC.
    Total PFC Revenue Approved In This Decision: $16,760,334.
    PFC Level: $3.00.
    Earliest Charge Effective Date: June 1, 2024.
    Estimated Charge Expiration Date: May 1, 2025.
    Class of Air Carriers Not Required to Collect PFC's:
    Air taxi/commercial operators filing FAA Form 1800-31.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at General Mitchell International Airport.
    Brief Description of Projects Approved for Collection and Use:
    Runway abrasives storage building design and construction.
    Runway safety area design--runways 1L, 19R, 7R, and 25L.
    Security and wildlife perimeter fencing.
    Storm water box tunnel rehabilitation.
    Perimeter and aircraft rescue and firefighting road
reconfiguration--design.
    Runways 1L/19R and 7R/25L intersection repaving study.
    Public restroom renovation.
    Security system fiber optic cable replacement.
    Equipment storage building--design and construction.
    Air Cargo Way reconstruction and relighting.
    Brief Description of Projects Partially Approved for Collection and
Use:
    Airfield pavement rehabilitation.
    Determination: The County has not yet defined the specific work to
be accomplished in 2011 and beyond. Therefore, the FAA was unable to
make eligibility determinations for that work. The approved amount was
reduced from that requested due to the elements whose eligibility could
not be determined at this time.
    Airfield safety improvements.
    Determination: The County has not yet defined the specific work to
be accomplished in 2010 through 2013. Therefore, the FAA was unable to
make eligibility determinations for that work. The approved amount was
reduced from that requested due to the elements whose eligibility could
not be determined at this time.
    Acquire snow removal equipment and aircraft rescue and firefighting
vehicles.
    Determination: The aerial bucket used to maintain apron ramp
lighting and the snow melters are maintenance items and, therefore, are
not PFC eligible. The approved amount was reduced from that requested
due to the ineligible items.
    PFC administrative costs.
    Determination: The FAA approved administrative costs for quarterly
PFC reporting compliance and auditing expenses through 2014 in
application 02-07-C-00-MKE. Administrative costs to cover consultant
fees for preparing applications and amendments in 2008 through 2010
were not covered in the earlier decision and, therefore, are approved
in this decision. The approved amount was reduced from that requested
due to the ineligible items.
    Brief Description of Withdrawn Projects:
    Concourse E ground power and preconditioned air units.
    Date of withdrawal: July 25, 2008.
    Terminal expansion concept analysis.
    Cargo apron expansion--environmental.
    Date of withdrawal: July 28, 2008.
    Decision Date: August 25, 2008.

FOR FURTHER INFORMATION CONTACT: Nancy Nistler, Minneapolis Airports
District Office,<PHONE_NUMBER>.

Amendments to PFC Approvals

----------------------------------------------------------------------------------------------------------------
                                                                                Original     Amended
                                        Amendment       Original           Amended       estimated    estimated
      Amendment No. City, State          approved   approved net PFC  approved net PFC  charge exp.  charge exp.
                                           date          revenue           revenue          date         date
----------------------------------------------------------------------------------------------------------------
07-08-C-01-DCA, Arlington, VA........     07/29/08      $124,914,400      $124,914,400     03/01/15     03/01/15
06-01-C-01-HOU, Houston, TX..........     07/31/08       163,415,047       163,517,150     10/01/17     11/01/17
* 9701-C-05-SDF, Louisville, KY......     08/18/08        90,600,000        90,600,000     03/01/14     11/01/14
92-01-I-01-STX, St. Thomas, VI.......     08/21/08         2,280,465         2,158,095     04/01/98     04/01/98
94-02-U-01-STX, St. Thomas, VI.......     08/21/08                NA                NA     04/01/98     04/01/98
98-03-C-02-SAV, Savannah, GA.........     08/22/08         1,111,931         1,007,939     07/01/11     08/01/10
00-04-C-01-SAV, Savannah, GA.........     08/22/08         4,223,048         3,838,070     07/01/12     07/01/11
92-01-I-04-BTR, Baton Rouge, LA......     08/22/08         2,168,761         1,765,124     11/01/94     11/01/94
93-02-U-03-BTR, Baton Rouge, LA......     08/27/08                NA                NA     11/01/94     11/01/94
97-04-C-03-BTR, Baton Rouge, LA......     08/27/08        37,570,400        34,863,776     10/01/19     08/01/15
00-05-C-02-BTR, Baton Rouge, LA......     08/28/08         4,363,572         5,413,574     11/01/21     02/01/18
05-06-C-01-BTR, Baton Rouge, LA......     08/28/08         9,986,100        12,848,189     03/01/26    03/01/24
----------------------------------------------------------------------------------------------------------------
Notes: The amendment denoted by an asterisk (*) includes a change to the PFC level charged from $4.50 per
  enplaned passenger to $3.00 per enplaned passenger. For Louisville, KY this change is effective on October 1,
  2008.

    Issued in Washington, DC on November 18, 2008.
Joe Hebert,
Manager, Financial Analysis and Passenger Facility Charge Branch.
[FR Doc. E8-28026 Filed 12-1-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Proposed Rules]
[Pages 58965-58967]
[FR Doc No: 2013-23335]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0798; Directorate Identifier 2013-NM-087-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc. Model BD-100-1A10 (Challenger 300) airplanes.
This proposed AD was prompted by multiple reports of erratic electrical
status indications on the push button annunciators and the engine
instrument and crew alerting system. Certain of those reported
incidents resulted in the airplane experiencing a momentary loss of
electrical power and loss of flight displays. This proposed AD would
require modification of the direct current power centers. We are
proposing this AD to prevent loss of electrical power, which could
result in the loss of flight displays and reduced controllability of
the airplane.

DATES: We must receive comments on this proposed AD by November 12,
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
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.

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 MCAI, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone (800)
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Assata Dessaline, Aerospace Engineer,
Avionics and Service Branch, ANE-172, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0798;
Directorate Identifier 2013-NM-087-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

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2013-05, dated February 22, 2012 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:

    There have been multiple in-service reports of erratic
electrical status indications on the Push Button Annunciators (PBA)
and the Engine Instrument & Crew Alerting System (EICAS) while on-
ground and during flight. Three of those reported incidents resulted
in the aeroplane experiencing momentary loss of electrical power and
loss of flight displays.
    The investigation revealed that improper insertion of a Printed
Circuit Board (PCB) in a Direct Current Power Center (DCPC) may lead
to erroneous electrical status indications on the PBAs and EICAS.
The erroneous indications could mislead the pilots into turning off
active generators and leading to partial or complete loss of
electrical power. Loss of electrical power could result in the loss
of flight displays and reduced controllability of the aeroplane.
    Further investigation determined that the design of the existing
DCPC covers does not ensure that the PCBs will remain inserted into
the motherboard of the DCPC.
    This [TCCA] AD mandates the modification of each DCPC to ensure
that properly closed covers will retain the PCBs within the
motherboards.

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

Relevant Service Information

    Bombardier, Inc. has issued Bombardier Service Bulletin 100-24-23,
dated November 26, 2012.
    Zodiac Services has issued the following service bulletins.
     Zodiac Services Service Bulletin 320GC03Y-24-012, Revision
3, dated December 15, 2012.
     Zodiac Services Service Bulletin 970GC02Y-24-013, Revision
3, dated December 15, 2012.
     Zodiac Services Service Bulletin 975GC02Y-24-013, Revision
3, dated December 15, 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 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

    We estimate that this proposed AD affects 92 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                    Labor cost         Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Modification....................  7 work-hours x $85           $1,568   $2,163 per           $198,996 per
                                   per hour = $595                       modification.        inspection cycle.
                                   per modification.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

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

Regulatory Findings

    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

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2013-0798; Directorate Identifier
2013-NM-087-AD.

(a) Comments Due Date

    We must receive comments by November 12, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model BD-100-1A10
(Challenger 300) airplanes, certificated in any category, serial
numbers 20003 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical
power.

(e) Reason

    This AD was prompted by multiple reports of erratic electrical
status indications on the push button annunciators and the engine
instrument and crew alerting system. Certain of those reported
incidents resulted in the airplane experiencing a momentary loss of
electrical power and loss of flight displays. We are issuing this AD
to prevent loss of electrical power, which could result in the loss
of flight displays and reduced controllability of the airplane.

(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) Direct Current Power Centers (DCPC) Modification

    For airplanes having serial numbers 20003 through 20405
inclusive: Within 800 flight hours after the effective date of this
AD or within 24 months after the effective date of this AD,
whichever occurs first, modify the left-hand DCPC, right-hand DCPC,
and auxiliary DCPC, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 100-24-23, dated
November 26, 2012.

(h) Parts Installation Limitation

    As of the effective date of this AD, no person may install a
DCPC having a part number specified in paragraph (h)(1) through
(h)(9) of this AD on any airplane, unless the DCPC serial number has
a suffix ``R'' beside the serial number.

(1) 970GC02Y04
(2) 970GC02Y05
(3) 970GC02Y06
(4) 975GC02Y04
(5) 975GC02Y05
(6) 975GC02Y06
(7) 320GC03Y04
(8) 320GC03Y05
(9) 320GC03Y06

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone<PHONE_NUMBER>; fax 516-794-
5531. 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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2013-05, dated February
22, 2012, for related information, which can be found in the AD
docket on the Internet at http://www.regulations.gov.
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 17, 2013.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-23335 Filed 9-24-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Proposed Rules]
[Pages 54927-54929]
[FR Doc No: 2022-19272]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1059; Project Identifier AD-2022-00204-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-
200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR,
and 747SP series airplanes. This proposed AD was prompted by reports
that high temperature composite trim air diffuser ducts (TADD) showed
composite degradation and signs of hot air leakage. This proposed AD
would require a one-time low frequency eddy current (LFEC) inspection
of certain center tank upper skin panels on the right and left side for
any structural damage due to heat exposure, and repair if necessary.
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 October 24,
2022.

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.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet myboeingfleet.com. You may view this
referenced 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>. It is also available at regulations.gov by searching
for and locating Docket No. FAA-2022-1059.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for
and locating Docket No. FAA-2022-1059; 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, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Nicole Tsang, Aerospace Engineer,
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3959; 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-2022-1059; Project Identifier
AD-2022-00204-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
Nicole Tsang, Aerospace Engineer, Cabin Safety and Environmental
Systems, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA
98198; phone and fax:<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 has received a report of multiple failures of the high
temperature composite material TADDs, which showed composite
degradation and signs of hot air leakage. Sustained hot air leakage
from damaged TADDs could result in undetected damage to adjacent
airframe structure. This condition, if not addressed, could lead to
heat damage to the wing center section and adjacent structure and
adversely affect the structural integrity of the airplane, resulting in
the inability of the structure to carry limit load and the possible
loss of continued safe flight and landing.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 747-57A2370 RB,
dated March 2, 2022. This service information specifies procedures for
a one-time LFEC inspection for any structural damage due to heat
exposure of the center tank upper skin panels on the right and left
side between station (STA) 1100-1120, 1140-1160, and 1180-1200 bays
outboard of left buttock line (LBL) 98 and right buttock line (RBL) 98
seat tracks, and repair.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. For information on the procedures and compliance times,
see this service information at regulations.gov by searching for and
locating Docket No. FAA-2022-1059.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 104 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
LFEC inspection.......................  101 work-hours x $85 per              $0          $8,585        $892,840
                                         hour = $8,585.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs 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.
    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 adding the following new airworthiness
directive:

The Boeing Company: Docket No. FAA-2022-1059; Project Identifier AD-
2022-00204-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by October 24, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 747-100, 747-
100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400,
747-400D, 747-400F, 747SR, and 747SP series airplanes, certificated
in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports that high temperature composite
trim air diffuser ducts (TADD) showed composite degradation and
signs of hot air leakage. The FAA is issuing this AD to address
sustained hot air leakage from damaged TADDs that could result in
undetected damage to adjacent airframe structure. This condition, if
not addressed, could lead to heat damage to the wing center section
and adjacent structure and adversely affect the structural integrity
of the airplane, resulting in the inability of the structure to
carry limit load and the possible loss of continued safe flight and
landing.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 747-57A2370 RB, dated March 2, 2022, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
747-57A2370 RB, dated March 2, 2022.

    Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
747-57A2370, dated March 2, 2022, which is referred to in Boeing
Alert Requirements Bulletin 747-57A2370 RB, dated March 2, 2022.

(h) Exceptions to Service Information Specifications

    (1) Where the Compliance Time column of the table in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 747-
57A2370 RB, dated March 2, 2022, uses the phrase ``the original
issue date of Requirements Bulletin 747-57A2370 RB,'' this AD
requires using ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 747-57A2370 RB,
dated March 2, 2022, specifies contacting Boeing for repair
instructions: This AD requires doing the repair before further
flight using a method approved in accordance with the procedures
specified in paragraph (i) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (j)(1) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.

(j) Related Information

    (1) For more information about this AD, contact Nicole Tsang,
Aerospace Engineer, Cabin Safety and Environmental Systems, FAA,
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>; email: [email protected].
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet myboeingfleet.com. You may
view this referenced 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>.

    Issued on August 17, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-19272 Filed 9-7-22; 8:45 am]
BILLING CODE 4910-13-P