[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Notices]
[Page 41351]
[FR Doc No: 2014-16524]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2014-42]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

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

DATES: Comments on this petition must identify the petition docket
number and must be received on or before August 4, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2014-
0382 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman,<PHONE_NUMBER>, 800
Independence Avenue SW., Washington, DC, 20951.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on July 9, 2014.
Brenda D. Courtney,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: No. FAA-2014-0382.
    Petitioner: VDOS Global LLC.
    Section of 14 CFR: 91.9(b)(2) and (c), 91.13, 91.103(b)(1) and
(b)(2), 91.105(a)(2), 91.107, 91.109(a), 91.111, 91.113, 91.115,
91.117, 91.119, 91.121, 91.123, 91.125, 91.126, 91.127, 91.129, 91.131,
91.133, 91.135, 91.137, 91.141, 91.143, 91.151(a)(1) and (a)(2),
91.151(b), 91.153, 91.155, 91.157, 91.159, 91.169, 91.173, 91.175,
91.177, 91.179, 91.181, 91.183, 91.185, 91.187, 91.203(a)(1) and
(a)(2), 91.203(b), 91.207(a)(2), 91.209, 91.211(a), 91.303, 91.305,
91.311, 91.313(e), 91.405(a) and (b), 91.407(a)(1), 91.409(a)(1) and
(b), 91.417(a), 91.515, 91.705, 91.707.
    Description of Relief Sought: VDOS Global LLC requests exemption to
use its Aeryon SkyRanger small unmanned vertical lift system to perform
flare stack inspections for Shell Oil Company in the Gulf of Mexico for
a period of 24 months.

[FR Doc. 2014-16524 Filed 7-14-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Notices]
[Pages 57408-57410]
[FR Doc No: 2015-24061]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75937; File Nos. SR-NYSE-2015-31; SR-NYSEMKT-2015-56]

Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE
MKT LLC; Order Instituting Proceedings To Determine Whether To
Disapprove the Proposed Rule Changes Amending the NYSE Trades Market
Data and NYSE MKT Trades Market Data Product Offerings

September 17, 2015.

I. Introduction

    On July 16, 2015, New York Stock Exchange LLC (``NYSE'') and NYSE
MKT LLC (``NYSE MKT'') (collectively, the ``Exchanges'') separately
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ proposed rule changes to
amend, respectively, the NYSE Trades market data product offering and
the NYSE MKT Trades market data product offering. The proposed rule
changes were published for comment in the Federal Register on August 5,
2015.\3\ The Commission has received two comments on the proposals.\4\
This order institutes proceedings under Section 19(b)(2)(B) of the Act
\5\ to determine whether to disapprove the proposed rule changes.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release Nos. 75556 (July 30,
2015), 80 FR 46628 (SR-NYSE-2015-31) and 75559 (July 30, 2015), 80
FR 46642 (SR-NYSEMKT-2015-56) (``Notices'').
    \4\ See Letter from Eric S. Hunsader, Nanex, LLC, dated August
14, 2015 (``Nanex Letter''); Letter from John Ramsay, Chief Market
Policy Officer, IEX Group, Inc., to Brent J. Fields, Secretary,
Commission, dated August 20, 2015 (``IEX Letter'').
    \5\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

II. Description of the Proposals

    NYSE and NYSE MKT propose to modify the data content of their
respective proprietary market data feeds: NYSE Trades and NYSE MKT
Trades (collectively, the ``Trades Feeds'').\6\
---------------------------------------------------------------------------

    \6\ NYSE Trades is an NYSE-only last-sale market data feed and
NYSE MKT Trades is a NYSE MKT-only last-sale market data feed.
---------------------------------------------------------------------------

    The Trades Feeds currently provides subscribers and users on a
real-time basis with the same last-sale information that each Exchange
reports to the Consolidated Tape Association (``CTA'') for inclusion in
the CTA Plan's consolidated data streams. Specifically, each Exchange's
Trades Feeds includes, for each security traded on that Exchange, the
real-time last-sale price, time and size information, bid/ask
quotations, and a stock summary message. The stock summary message
updates every minute and includes the offering Exchange's opening
price, high price, low price, closing price, and cumulative volume for
the security.\7\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release Nos. 62187 (May 27,
2010), 75 FR 31500 (June 3, 2010) (SR-NYSEAmex-2010-35), 70065 (July
30, 2013), 78 FR 47450 (Aug. 5, 2013) (SR-NYSEMKT-2013-64) and 69273
(April 2, 2013), 78 FR 20969 (April 8, 2013) (SR-NYSEMKT-2013-30).
---------------------------------------------------------------------------

    Each Exchange currently reports to the CTA and distributes on a
real-time basis via the Trades Feeds its market's last-sale information
based on the completed execution of an arriving order. For example,
currently, if an arriving order of 1,000 shares trades with five
resting orders of 200 shares on NYSE, NYSE would bundle the executions
and report a single completed trade of 1,000 shares both to the CTA and
through NYSE Trades. NYSE MKT Trades operates in the same way.
    Each Exchange now proposes to distribute its last-sale information
on its respective Trades Feed in a different manner than it distributes
last-sale information to the CTA. Each Exchange would continue to
distribute last-sale information to the CTA as described above, but
last-sale information distributed via the Exchange's Trades Feed would
be based on the individual resting orders that are executed in the
total completed trade and would not be bundled for reporting purposes.
In the example above, NYSE would distribute via NYSE Trades the real-
time NYSE last-sale information of five executions of 200 shares
each,\8\ but would report to CTA a single completed trade of 1,000
shares.
---------------------------------------------------------------------------

    \8\ Each Exchange has proposed that the five transactions in
such an example would have the same time stamp.
---------------------------------------------------------------------------

    The Exchanges have represented that they would continue to make
their last-sale information available through their Trades Feeds
immediately after providing the last-sale information to the processor
under the CTA Plan. The Exchanges have argued that reporting last-sale
information in an unbundled format, based on execution of the
individual resting orders, rather than in an bundled format based on
the completed execution of an incoming order would remove impediments
to and perfect the mechanism of a free and open market by providing
more granular trade information to vendors and subscribers who desire
it, thus promoting competition and innovation.
    Each Exchanges has also proposed to remove the bid/ask data from
its Trades Feed. Each Exchange currently has a data feed--the NYSE BBO
data feed and the NYSE MKT BBO data feed--that includes the same bid/
ask data currently included in the Exchange's Trades Feed, and each
Exchange has represented that its respective BBO feed would continue to
include the best bids and offers for all securities that are traded on
its facilities and for which it reports quotes to the Consolidated
Quotation Association (``CQA'') under the Consolidated Quotation
(``CQ'') Plan for inclusion in the CQ Plan's consolidated quotation
information data stream.\9\ Each Exchange has stated that removing the
bid/ask data from its Trades Feeds would streamline its products and
would align them with last-sale data feeds offered by other exchanges
that offer last-sale data products, which do not include bid and offer
information.\10\
---------------------------------------------------------------------------

    \9\ See, e.g., Securities Exchange Act Release No. 72326 (June
5, 2014), 79 FR 33605 (June 11, 2014) (SR-NYSEMKT-2014-49).
    \10\ As examples, the Exchanges cited to the last-sale data
products offered by The Nasdaq Stock Market, LLC and BATS, Inc. See
NASDAQ Rule 7039 (Nasdaq Last Sale) and BATS Rule 11.22(g) (BATS
Last Sale).
---------------------------------------------------------------------------

    Each Exchange has stated that it expects to offer both the current
Trades Feed and the proposed Trades Feed for a limited transition
period, after which it would stop offering the current Trades Feed and
offer only the Trades Feed proposed in its filing. Each Exchange has
stated that it would announce the transition dates in advance. Each
Exchange has also stated that there would be no change to the fees for
the Trades Feed in connection with the proposed changes.

III. Comment Letters

    The Commission has received two comment letters on the
proposals.\11\ Both commenters are opposed to the proposals. The
commenters note that the NYSE and its affiliated exchanges are the only
national securities exchanges that report their last-sale information
to the securities information processor (``SIP'') in a

bundled format and that all the other national securities exchanges
report the last-sale information for each individual trade to the SIP.
---------------------------------------------------------------------------

    \11\ See supra note 4.
---------------------------------------------------------------------------

    Both commenters argue that the proposals would be contrary to
Regulation NMS. One commenter states that the proposals go against a
core principle of Regulation NMS, namely, the prohibition of providing
core data in a private feed before it sends it to the SIP. The
commenter states that, in this case, the delay is not a few
microseconds, but rather forever.\12\ The commenter also notes that the
proposals put investors in the position of having to subscribe to the
Exchanges' feeds to get the very same data that every other non-NYSE-
affiliated exchange already sends to the SIP, which the commenter
contends is a ``preposterous proposition.'' \13\
---------------------------------------------------------------------------

    \12\ See Nanex Letter.
    \13\ Id.
---------------------------------------------------------------------------

    The other commenter believes that the proposals would be
unreasonably discriminatory in the dissemination of market data in
violation of Rule 603(a)(2).\14\ This commenter states that exchanges
should not be allowed to provide an inferior view of core market data
to the general public, compared to an enhanced view offered to
subscribers who are willing to pay a premium for it, where the enhanced
view could be provided through CTA or another SIP. The commenter notes
that the Exchanges are the exclusive source of the individual trade
data and that no one else can compete in the delivery of that specific
information. The commenter states that preventing investors and market
participants from receiving consolidated trade data that accurately
reflects the sequence and size of individual transactions unless they
pay a premium necessarily discriminates in the dissemination of data
that the Commission has found to be a keystone element of the national
market system. The commenter argues that, in terms of advancing
national market system goals, the result of the proposals would be no
more ``fair and reasonable,'' and no less ``unreasonably
discriminatory,'' than the practices providing timeliness advantages to
proprietary data over consolidated data that the Commission has found
to violate regulatory standards.\15\ The commenter also contends that,
while the Exchanges have stated that the proposals are a means to
disseminate the same trade information but with more granularity with
regards to the individual trades, such granularity is only of
additional value because of the Exchanges' peculiar practice of
aggregating the trade information for the CTA.
---------------------------------------------------------------------------

    \14\ See IEX Letter at 5.
    \15\ See IEX Letter at 6.
---------------------------------------------------------------------------

    Both commenters also argue that the Exchanges' current practice of
sending bundled transaction information to the SIP has presented some
problems and that the Exchanges should report each individual trade to
the SIP. One commenter states the bundled transaction information has
presented problems in the course of investigating questionable
trades.\16\ The other commenter states reporting the individual trade
information to the SIP would provide market participants the
transparency they need to easily identify, based on price, size, and
time stamp data, and circumstances where a large incoming order is able
to match with multiple resting orders.\17\
---------------------------------------------------------------------------

    \16\ See Nanex Letter.
    \17\ See IEX Letter at 4.
---------------------------------------------------------------------------

IV. Proceedings To Determine Whether To Disapprove SR-NYSE-2015-31 and
NYSEMKT-2015-56 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \18\ to determine whether the proposals should
be disapproved. Institution of such proceedings is appropriate at this
time in view of the legal and policy issues raised by the proposals.
Institution of disapproval proceedings does not indicate that the
Commission has reached any conclusions with respect to any of the
issues involved. Rather, as described in greater detail below, the
Commission seeks and encourages interested persons to provide
additional comment on the proposals.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B),\19\ the Commission is providing
notice of the grounds for disapproval under consideration. The
Exchanges' proposals, if approved, would allow a national securities
exchange to offer different last-sale information through its
proprietary market data products than it reports to the CTA.\20\ Under
Regulation NMS, last-sale transaction information is considered ``core
data.'' All broker-dealers are required to purchase core data from the
SIPs,\21\ and all of the national securities exchanges share in the
revenues received from the sale of this data. Regulation NMS permits
the national securities exchanges to provide the same core data that is
reported to the SIP on their own data feeds, subject to the condition
that such data be provided on terms that are fair and reasonable and
not unreasonably discriminatory. The Commission believes that
permitting exchanges to provide different information about trade
executions through their own proprietary feeds than they report to the
SIP presents a novel issue that implicates the Regulation NMS
requirements regarding ``core data'' and warrants further
consideration.
---------------------------------------------------------------------------

    \19\ See id.
    \20\ The CTA is the SIP for last-sale transaction information
for equities trades from all national securities exchanges, and,
under CTA Plan, collects and distributes this last-sale transaction
information. The CQA is the SIP for best bid and offer quotation
information for equities quoted on all national securities
exchanges, and, under CQ Plan, collects and distributes this last-
sale transaction information.
    \21\ See Exchange Act Rule 603(c)(1).
---------------------------------------------------------------------------

    Accordingly, the Commission is instituting proceedings to allow for
additional analysis of, and input from commenters with respect to, the
proposed rule change's consistency with Section 6(b)(5) of the Act,
Section 11A of the Act, and Rule 603(a) of Regulation NMS. Section
6(b)(5) provides that the rules of an exchange must be 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 system, and in general to
protect investors and the public interest. Section 11A prohibits a
self-regulatory organization from collecting, processing, distributing,
publishing, or preparing for distribution any information with respect
to quotations for or transactions in any security other than an
exempted security, in contravention of such rules and regulations that
the Commission shall prescribe furtherance of the purposes of this
title to, among other things, assure the prompt, accurate, reliable,
and fair collection, processing, distribution, and publication of
information with respect to quotations for and transactions in such
securities and the fairness and usefulness of the form and content of
such information and assure that all securities information processors
may, for purposes of distribution and publication, obtain on fair and
reasonable terms such information with respect to quotations for and
transactions in such securities as is collected, processed, or prepared
for distribution or publication by any exclusive processor of such
information acting in such capacity. Rule 603(a) provides that any
exclusive processor that distributes information with respect to
quotations or transactions in an NMS stock to a securities information
processor do so on terms that are fair

and reasonable and any national securities exchange that distributes
such information do so on terms that are not unreasonably
discriminatory.

V. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
concerns identified above or any others they may have with the proposed
rule changes. In particular, the Commission invites the written views
of interested persons concerning whether the proposed rule changes are
inconsistent with Sections 11A and 6(b)(5) of the Act or any other
provision of the Act, and Rule 603 thereunder or any other rules and
regulation thereunder. Although there do not appear to be any issues
relevant to approval or disapproval which would be facilitated by an
oral presentation of views, data, and arguments, the Commission will
consider, pursuant to Rule 19b-4, any request for an opportunity to
make an oral presentation.\22\
---------------------------------------------------------------------------

    \22\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposed rule changes should be
approved or disapproved by October 14, 2015. Any person who wishes to
file a rebuttal to any other person's submission must file that
rebuttal by October 28, 2015.
    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 Numbers SR-NYSE-2015-31 or NYSEMKT-2015-56 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 Numbers SR-NYSE-2015-31, NYSEMKT-
2015-56, or both. These file numbers 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 changes 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. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Numbers SR-NYSE-2015-31, NYSEMKT-2015-
56, or both and should be submitted on or before October 14, 2015.
Rebuttal comments should be submitted by October 28, 2015.
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(57).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
Brent J. Fields,
Secretary.
[FR Doc. 2015-24061 Filed 9-22-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Page 35795]
[FR Doc No: 2021-14377]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2020-0442; FRL-10024-70-OAR]

Withdrawal of Approval for Use of Phosphogypsum in Road
Construction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) is withdrawing its
October 14, 2020 approval for use of phosphogypsum in government road
projects. Under the Clean Air Act, the EPA may approve a request for
other use of phosphogypsum if it includes certain prescribed
information. Upon further review, EPA has determined that the approval
was premature and should be withdrawn because the request did not
contain all of the required information. With this action,
phosphogypsum remains prohibited from use in road construction
projects.

DATES: Effective July 7, 2021.

FOR FURTHER INFORMATION CONTACT: Jonathan P. Walsh, Radiation
Protection Division, Office of Radiation and Indoor Air, Mail Code
6608T, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 343-2304; email address<EMAIL_ADDRESS>    Organization of this document. The information in this notice is
organized as follows:

I. General Information
II. Background and Overview of Decision

SUPPLEMENTARY INFORMATION:

I. General Information

A. How can I get copies of this document and other related information?

    1. Docket. The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2020-0442. Publicly available docket materials
are available either electronically through www.regulations.gov or in
hard copy at the Air and Radiation Docket in the EPA Docket Center,
(EPA/DC) EPA West, Room 3334, 1301 Constitution Ave. NW, Washington,
DC. The EPA Docket Center 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 Air and Radiation Docket is<PHONE_NUMBER>.
    2. Electronic Access. You may access this Federal Register document
electronically from the Government Printing Office under the ``Federal
Register'' listings at FDSys (http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR).

II. Background and Overview of Decision

    On October 14, 2020, EPA approved, subject to certain conditions, a
request by The Fertilizer Institute (TFI) for the use of phosphogypsum
in government road projects.\1\ This request was submitted pursuant to
Clean Air Act regulations at 40 CFR 61.206, which provide that EPA may
approve request for a specific use of phosphogypsum if it is determined
that the proposed use is at least as protective of public health as
placement in a stack, which is the designated management method. EPA
identified ten components that such a request ``must contain'' (40 CFR
61.206(b)). These include such items as the specific location where
phosphogypsum will be used and the quantity of phosphogypsum to be
used.
---------------------------------------------------------------------------

    \1\ Letter from Andrew R. Wheeler, Administrator, Environmental
Protection Agency, to Corey Rosenbusch, President and CEO, The
Fertilizer Institute, dated October 14, 2020, Docket No. EPA-HQ-OAR-
2020-0442-0015. See also 85 FR 66550, October 20, 2020.
---------------------------------------------------------------------------

    On December 18, 2020, various groups \2\ petitioned the United
States Court of Appeals for the District of Columbia Circuit for review
of EPA's action conditionally approving TFI's request. On that same
date, these same groups, ``as a precaution and as a matter of
courtesy,'' submitted to EPA, ostensibly under Clean Air Act (CAA)
Sec.  307(d)(7)(B) (42 U.S.C. 7607(d)(7)(B)), a petition asking EPA to
reconsider its action. EPA is further prompted to review this approval
by Executive Order 13990, which directs agencies to examine a wide
range of previously-issued actions in light of various policies and
national objectives.\3\
---------------------------------------------------------------------------

    \2\ Center for Biological Diversity, Healthy Gulf, Manasota-88,
Inc., North America's Building Trades Unions, People for Protecting
Peace River, Inc., Public Employees for Environmental
Responsibility, Rise St. James, and Sierra Club and its Florida
chapter. See Center for Biological Diversity v. EPA, No. 20-1506.
    \3\ ``Protecting Public Health and the Environment and Restoring
Science to Tackle the Climate Crisis,'' signed January 20, 2021. 86
FR 7037, January 25, 2021.
---------------------------------------------------------------------------

    EPA has the authority to review and reconsider, on its own
initiative, previous decisions and actions. Upon further evaluation,
EPA decides that it was premature for the Agency to approve the
proposed use without all of the information specified as constituting a
proper request under Sec.  61.206(b). Therefore, EPA has withdrawn,
revoked and rescinded the October 2020 approval.\4\ This decision is
without prejudice to a subsequent or further proper request under Sec.
61.206 for approval of the use of phosphogypsum for other purposes that
contains the information required by Sec.  61.206(b). In accordance
with the regulations at 40 CFR part 61, subpart R, unless and until any
such request is approved, phosphogypsum must continue to be placed in
stacks and may not be removed from stacks for use in road construction.
---------------------------------------------------------------------------

    \4\ Letter from Michael S. Regan, Administrator, Environmental
Protection Agency, to Corey Rosenbusch, President and CEO, The
Fertilizer Institute, Docket No. EPA-HQ-OAR-2020-0442. See this
letter for further discussion of the reasons for the withdrawal,
revocation, and recission of the prior October 2020 decision.

Michael S. Regan,
Administrator.
[FR Doc. 2021-14377 Filed 7-6-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 134 (Friday, July 12, 2019)]
[Notices]
[Pages 33273-33274]
[FR Doc No: 2019-14886]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2019-0264]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number: 1625-0105.

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0105,
Regulated Navigation Area; Reporting Requirements for Barges Loaded
with Certain Dangerous Cargoes, Inland Rivers, Eighth Coast Guard
District and the Illinois Waterway, Ninth Coast Guard District; without
change. Our ICR describes the information we seek to collect from the
public. Review and comments by OIRA ensure we only impose paperwork
burdens commensurate with our performance of duties.

DATES: Comments must reach the Coast Guard and OIRA on or before August
12, 2019.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2019-0264] to the Coast

Guard using the Federal eRulemaking Portal at https://www.regulations.gov. Alternatively, you may submit comments to OIRA
using one of the following means:
    (1) Email<EMAIL_ADDRESS>    (2) Mail: OIRA, 725 17th Street NW, Washington, DC 20503, attention
Desk Officer for the Coast Guard.
    (3) Fax:<PHONE_NUMBER>. To ensure your comments are received in a
timely manner, mark the fax, attention Desk Officer for the Coast
Guard.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710,
Washington, DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection. The Coast Guard invites comments on whether
this ICR should be granted based on the Collection being necessary for
the proper performance of Departmental functions. In particular, the
Coast Guard would appreciate comments addressing: (1) The practical
utility of the Collection; (2) the accuracy of the estimated burden of
the Collection; (3) ways to enhance the quality, utility, and clarity
of information subject to the Collection; and (4) ways to minimize the
burden of the Collection on respondents, including the use of automated
collection techniques or other forms of information technology.
Consistent with the requirements of Executive Order 13771, Reducing
Regulation and Controlling Regulatory Costs, and Executive Order 13777,
Enforcing the Regulatory Reform Agenda, the Coast Guard is also
requesting comments on the extent to which this request for information
could be modified to reduce the burden on respondents. These comments
will help OIRA determine whether to approve the ICR referred to in this
notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2019-0264], and must be received by August 12,
2019

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB notice
of Action on each ICR will become available via a hyperlink in the OMB
Control Number: 1625-0105.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard has published the 60-day notice (84 FR 20645, May 10, 2019)
required by 44 U.S.C. 3506(c)(2). That notice elicited no comments.
Accordingly, no changes have been made to the Collection.

Information Collection Request

    Title: Regulated Navigation Area; Reporting Requirements for Barges
Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth Coast
Guard District and the Illinois Waterway, Ninth Coast Guard District.
    OMB Control Number: 1625-0105.
    Summary: The Coast Guard requires position and intended movement
reporting, and fleeting operations reporting, from barges carrying
certain dangerous cargoes (CDCs) in the inland rivers within the Eighth
and Ninth Coast Guard Districts. The reporting requirements are found
in 33 CFR 165.830 and 165.921.
    Need: This information is used to ensure port safety and security
and to ensure the uninterrupted flow of commerce.
    Forms: None.
    Respondents: Owners, agents, masters, towing vessel operators, or
persons in charge of barges loaded with CDCs or having CDC residue
operating on the inland rivers located within the Eighth and Ninth
Coast Guard Districts.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated annual burden remains 4 hours a
year.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended.

    Dated: July 9, 2019.
James D. Roppel,
Chief, Office of Information Management, U.S. Coast Guard.
[FR Doc. 2019-14886 Filed 7-11-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Notices]
[Page 79755]
[FR Doc No: 2011-32863]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

First Meeting: RTCA Special Committee 226 Audio Systems and
Equipment

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).

ACTION: Notice of RTCA Special Committee 226, Audio Systems and
Equipment.

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

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 226, Audio Systems and Equipment, for
the first meeting.

DATES: The meeting will be held January 10-12, 2012, from 9 a.m.-5 p.m.

ADDRESSES: The meeting will be held at RTCA, Inc., 1150 18th Street
NW., Suite 910, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street
NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833-
9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a Special Committee 226, Audio Systems and Equipment.
The agenda will include the following:

January 10-12, 2012

     Welcome and Administrative Remarks
     Introductions
     RTCA Overview
     Audio Systems and Equipment--Background and History
     Agenda Overview
     Committee Scope, Terms of Reference Overview
     Organization of Work, Assign Tasks and Work Groups,
Discussion, Recommendations and Assignment of Responsibilities
     Other Business
     Establish Agenda for Next Meeting
     Date and Place of Next Meeting
     Adjourn
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on December 15, 2011.
Robert L. Bostiga,
Manager, Business Operations Branch, Federal Aviation Administration.
[FR Doc. 2011-32863 Filed 12-21-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65185-65187]
[FR Doc No: 2013-24943]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0546; Directorate Identifier 2013-NM-050-AD;
Amendment 39-17631; AD 2013-21-07]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 727 airplanes. This AD was prompted by certain
mandated programs intended to support the airplane reaching its limit
of validity (LOV) of the engineering data that support the established
structural maintenance program. This AD requires, for certain
airplanes, a modification of the web of the horizontal stabilizer
center section rear spar. For the other airplanes, this AD requires an
inspection for cracks in the web, and repair or modification as
applicable. We are issuing this AD to prevent cracking at the upper
fastener holes in the riveted web in the horizontal stabilizer center
section rear spar, which could result in failure of the spar forging
and lead to horizontal stabilizer separation and loss of control of the
airplane.

DATES: This AD is effective December 5, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 5,
2013.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this 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 Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-
917-6577; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to the specified products. The
NPRM published in the Federal Register on July 17, 2013 (78 FR 42720).
The NPRM proposed to require for certain airplanes, a modification of
the web of the horizontal stabilizer center section rear spar. For the
other airplanes, the NPRM proposed to require an inspection for cracks
in the web, and repair or modification as applicable.

Comments

    We gave the public the opportunity to participate in developing
this AD. We have considered the comment received. Boeing supported the
NPRM (78 FR 42720, July 17, 2013).

Clarification of Applicability

    Since the NPRM (78 FR 42720, July 17, 2013) was published, we have
clarified the applicability in paragraph (c) of this final rule to
reflect the most recent type certificate data sheet for The Boeing
Company Model 727 airplanes.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD as proposed--except for minor editorial changes. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 42720, July 17, 2013) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 42720, July 17, 2013).

Costs of Compliance

    We estimate that this AD affects 106 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Modification........................  32 work-hours x $85 per          $7,154           $9,874       $1,036,770
                                       hour = $2,720.
----------------------------------------------------------------------------------------------------------------

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

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2013-21-07 The Boeing Company: Amendment 39-17631; Docket No. FAA-
2013-0546; Directorate Identifier 2013-NM-050-AD.

(a) Effective Date

    This AD is effective December 5, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 727, 727C, 727-100,
727 -100C, 727-200, and 727-200F series airplanes, certificated in
any category, identified as Group III and Group IV in Boeing Service
Bulletin 55-46, dated April 8, 1970.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD is intended to complete certain mandated programs
intended to support the airplane reaching its limit of validity of
the engineering data that support the established structural
maintenance program. We are issuing this AD to prevent cracking at
the upper fastener holes in the riveted web in the horizontal
stabilizer center section rear spar, which could lead to horizontal
stabilizer separation and loss of control of the airplane.

(f) Compliance

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

(g) Group III Airplanes: Inspection

    For airplanes identified as Group III in Boeing Service Bulletin
55-46, dated April 8, 1970: At the later of the times specified in
paragraphs (g)(1) and (g)(2) of this AD, do an eddy-current
inspection for cracks in the web, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 55-46, dated
April 8, 1970.
    (1) Before the accumulation of 60,000 total flight cycles.
    (2) Within 24 months or 2,500 flight cycles after the effective
date of this AD, whichever occurs first.

(h) Group III Airplanes: Corrective Actions

    For airplanes identified as Group III in Boeing Service Bulletin
55-46, dated April 8, 1970: After the inspection required by
paragraph (g) of this AD, do the applicable actions specified in
paragraph (h)(1) or (h)(2) of this AD.
    (1) If no crack is found, before further flight, modify the web
of the horizontal stabilizer center section rear spar, in accordance
with the Accomplishment Instructions of Boeing Service Bulletin 55-
46, dated April 8, 1970.
    (2) If any crack is found, repair before further flight using a
method approved in accordance with the procedures specified in
paragraph (j) of this AD.

(i) Group IV Airplanes: Modification

    For airplanes identified as Group IV in Boeing Service Bulletin
55-46, dated April 8, 1970: At the later of the times specified in
paragraphs (i)(1) and (i)(2) of this AD, modify the web of the
horizontal stabilizer center section rear spar, in accordance with
the Accomplishment Instructions of Boeing Service Bulletin 55-46,
dated April 8, 1970.
    (1) Before the accumulation of 60,000 total flight cycles.
    (2) Within 24 months or 2,500 flight cycles after the effective
date of this AD, whichever occurs first.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 manager of the ACO, send it to the
attention of the person identified in paragraph (k) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(k) Related Information

    For more information about this AD, contact Berhane Alazar,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Service Bulletin 55-46, dated April 8, 1970.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) 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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 15, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-24943 Filed 10-30-13; 8:45 am]
BILLING CODE 4910-13-P