[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Notices]
[Pages 21288-21291]
[FR Doc No: 2017-09062]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80570; File No. SR-MIAX-2017-16]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing of a Proposed Rule Change To Amend MIAX
Options Rule 515A, MIAX Price Improvement Mechanism (``PRIME'') and
PRIME Solicitation Mechanism

May 1, 2017.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on April 25, 2017, Miami International Securities
Exchange LLC (``MIAX Options'' or ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') a proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 515A, MIAX
Price Improvement Mechanism (``PRIME'') and PRIME Solicitation
Mechanism.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/rule-filings, at MIAX's
principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 515A, MIAX Price Improvement
Mechanism (``PRIME'') and PRIME Solicitation Mechanism, to amend the
duration of a PRIME Auction. PRIME is a process by which a Member \3\
may electronically submit for execution (``Auction'') an order \4\ it
represents as agent (``Agency Order'') against principal interest, and/
or an Agency Order against solicited interest (``Solicitation
Auction''). When the Exchange receives a properly designated Agency
Order for auction processing, a Request for Responses (``RFR'')
detailing the option, side, size, and initiating price is sent to all
subscribers of the Exchange's data feeds. Currently, the Auction and
Solicitation Auction period lasts for 500 milliseconds, unless it is
concluded early.\5\ The Exchange proposes to amend Rule
515A(a)(2)(i)(C) so that the duration of the Auction and Solicitation
Auction shall be a time period designated by the Exchange, which shall
be no less than 100 milliseconds and no more than 1 second, consistent
with the rule of other exchanges, such as the International Securities
Exchange (``ISE''), NASDAQ BX (``BX''), NASDAQ PHLX (``PHLX''), and
Chicago Board Options Exchange (``CBOE'').\6\ When approving the change

to exposure periods in these mechanisms, the Securities and Exchange
Commission (``SEC'') concluded that reducing the time periods was
consistent with the Securities Exchange Act of 1934 (the ``Act'').\7\
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    \3\ The term ``Member'' means an individual or organization
approved to exercise the trading rights associated with a Trading
Permit. Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
    \4\ The term ``order'' means a firm commitment to buy or sell
option contracts. See Exchange Rule 100.
    \5\ A PRIME and PRIME Solicitation Auction will conclude at the
sooner of (1) Upon receipt by the System of an unrelated order (in
the same option as the Agency Order) on the opposite side of the
market from the RFR responses, that is marketable against either the
NBBO, the initiating price, or the RFR responses; (2) Upon receipt
by the System of an unrelated order (in the same option as the
Agency Order) on the same side of the market as the RFR responses,
that is marketable against the NBBO; (3) Upon receipt by the System
of an unrelated limit order (in the same option as the Agency Order)
on the opposite of the market from the Agency Order that improves
any RFR response; (4) Any time an RFR response matches the NBBO on
the opposite side of the market from the RFR responses; (5) Any time
there is a quote lock in the subject option on the Exchange pursuant
to Rule 1402; or (6) Any time there is a trading halt in the option
on the Exchange. See Exchange Rule 515A.
    \6\ See Securities Exchange Act Release Nos. 79733 (January 4,
2017), 82 FR 3055 (January 10, 2017) (SR-ISE-2016-26); 76301
(October 29, 2015), 80 FR 68347 (November 4, 2015) (SR-BX-2015-032);
77557 (April 7, 2016), 81 FR 21935 (April 13, 2016) (SR-PHLX-2016-
40); and 80421 (April 10, 2017), 82 FR 18048 (April 14, 2017) (SR-
CBOE-2017-029). The Commission notes that CBOE's proposed rule
change to amend its auction response period was published in the
Federal Register on April 14, 2017 and is subject to a public
comment period expiring on May 5, 2017.
    \7\ Id.
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    The Exchange believes that moving to a range structure provides the
Exchange with greater flexibility in establishing the optimal duration
for Auctions and Solicitation Auctions. The Exchange believes that
permitting a shorter duration of as low as 100 milliseconds will reduce
market risk for all Members executing trades on the Exchange via the
PRIME and PRIME Solicitation Mechanism. Initiating participants are
required to guarantee an execution at the NBBO \8\ or at a better
price, and are subject to market risk as their PRIME order is exposed
to other Members of the Exchange. While other participants are also
subject to market risk, those providing responses may cancel their
responses. The Exchange believes that the initiating participant plays
a critical role in the Auction and Solicitation Auction processes.
Their willingness to guarantee the orders entered into the PRIME and
PRIME Solicitation Mechanism an execution at the NBBO or, in some
cases, a better price, is the catalyst for an order gaining the
opportunity for price improvement. The Exchange believes that allowing
an Auction period of no less than 100 milliseconds and no more than 1
second will benefit Members utilizing the PRIME and PRIME Solicitation
Mechanism. The Exchange believes it is in these Members' best interests
to minimize the Auction and Solicitation Auction duration while
continuing to allow Members adequate time to respond. The Exchange
notes the Commission previously approved other exchanges' rules that
provide for an auction response time as low as 100 milliseconds \9\ and
that the Exchange is not proposing to go lower than the lowest
previously approved timer range.
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    \8\ The term ``NBBO'' means the national best bid or offer as
calculated by the Exchange based on market information received by
the Exchange from OPRA. See Exchange Rule 100.
    \9\ See supra note 6.
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    Accordingly, the Exchange proposes to amend Rule 515A(b)(2)(i)(C)
to remove the reference to the duration of the current timer setting.
Currently the rule states that, ``[m]embers may submit responses to the
RFR (specifying prices and sizes) during the response period (which
shall be 500 milliseconds).'' The Exchange proposes to replace this
sentence with the proposed language used in 515A(a)(2)(i)(C) which
provides that ``[t]he RFR will last for a period of time, as determined
by the Exchange and announced through a Regulatory Circular. The RFR
will be no less than 100 milliseconds and no more than 1 second.''
    The Exchange does not believe that requiring the Auction and
Solicitation Auction to run for 500 milliseconds is necessary in
today's market where, generally, Members' systems have the capability
to respond within 100 milliseconds or less. As such, reducing the
response time in the PRIME and PRIME Solicitation Mechanism is
appropriate as Members no longer need up to 500 milliseconds to respond
to an Auction or Solicitation Auction. Reducing the response time will
allow Members the opportunity to seek out liquidity in an expedient
manner that is consistent with today's system capabilities.
    The Exchange's Members operate electronic systems that enable them
to react and respond to orders in a meaningful way in fractions of a
second. The Exchange anticipates that its Members will continue to
compete within the proposed response times designated by the Exchange.
In particular, the Exchange believes that the proposed response times--
which will be no less than 100 milliseconds and no more than 1 second--
will continue to provide Members with sufficient time to respond to,
compete for, and provide price improvement for orders, and will provide
investors and other market participants with more timely executions,
and reduce their market risk.
    Reducing the duration of Auctions and Solicitation Auctions from
500 milliseconds to as low as 100 milliseconds will benefit Members
trading in the PRIME and PRIME Solicitation Mechanism. The Exchange
believes that it is in these Members' best interest to minimize the
response time while continuing to allow Members adequate time to
electronically respond. Both the order being exposed and the Members'
responses are subject to market risk during the Auction or Solicitation
Auction. While a limited number of Members wait to respond until later
in the Auction or Solicitation Auction, presumably to minimize their
market risk, the majority of Members respond within the first 100
milliseconds. The Exchange believes that a response time as low as 100
milliseconds will continue to provide market participants with
sufficient time to respond, compete, and provide price improvement for
orders and will provide investors and other market participants with
more timely executions, thereby reducing their market risk.
    To substantiate that Members can receive, process, and communicate
a response to an auction broadcast within 100 milliseconds, the
Exchange surveyed all Members that responded to an auction broadcast in
the period beginning November 2016 and ending January 2017 (the
``review period''). The Exchange received responses from all of the
Members surveyed, and each Member confirmed that they can receive,
process, and communicate a response back to the Exchange within 100
milliseconds.
    Also, in consideration with this proposed rule change, the Exchange
reviewed all responses received in PRIME and PRIME Solicitation
Auctions from its Members for the review period. During the review
period, on average, approximately 60% of responses were submitted
within the first 50 milliseconds, and approximately 90% of responses
were submitted within 100 milliseconds.\10\
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    \10\ The Exchange notes that the average percentages for
responses within 50 milliseconds and 100 milliseconds were 61.03%
and 88.19% respectively.
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    Accordingly, the Exchange believes that a response time as low as
100 milliseconds will continue to provide Members with sufficient time
to respond to, compete for, and provide price improvement for orders,
and will provide investors and other market participants with more
timely executions, and reduce their market risk. The Exchange also
believes it is likely that the number of PRIME transactions will
increase, thereby providing customers a greater opportunity to benefit
from price improvement.
    The Exchange believes that the information outlined above regarding
price improving transactions in the PRIME and PRIME Solicitation
Mechanism provides substantial support for its assertion that reducing
the response time from 500 milliseconds to as low as 100 milliseconds
will continue to provide Members with sufficient time to ensure
competition for orders entered into the PRIME and PRIME Solicitation
Mechanism, and could provide customer orders with additional
opportunities for price improvement.
    With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and

represents that it has the necessary systems capacity to handle the
potential additional traffic associated with the additional
transactions that may occur with the implementation of the proposed
reduction in the response time duration to no less than 100
milliseconds. Additionally, the Exchange represents that its System
will be able to sufficiently maintain an audit trail for order and
trade information with the reduction in the response timer.
2. Statutory Basis
    MIAX Options believes that its proposed rule change is consistent
with Section 6(b) of the Act \11\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \12\ 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 facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms 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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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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    In particular, the proposed rule change will provide investors with
more timely execution of their option orders, while ensuring that there
is an adequate exposure of orders in the mechanisms. Additionally, the
proposed change will allow more investors the opportunity to receive
price improvement through the PRIME and PRIME Solicitation Mechanism
and will reduce market risk for Members using these mechanisms.
Finally, as mentioned above, other exchanges such as ISE, BX, PHLX, and
CBOE [sic],\13\ have already amended their rules to permit response
times consistent with the instant proposal--i.e., no less than 100
milliseconds and no more than 1 second.\14\ As such, the Exchange
believes the proposed rule change would help perfect the mechanism for
a free and open national market system, and generally help protect
investors and the public's interest.
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    \13\ The Commission notes that CBOE's proposed rule change to
amend its auction response period was published in the Federal
Register on April 14, 2017 and is subject to a public comment period
expiring on May 5, 2017.
    \14\ See supra note 6.
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    The Exchange believes the proposed rule change is not unfairly
discriminatory because the response time duration would be the same for
all Members. All Members in the PRIME and PRIME Solicitation Mechanism
have today, and will continue to have, an equal opportunity to receive
the broadcast and respond with their best prices during the auction.
Additionally, the Exchange believes the reduction of the response time
for an auction reduces the market risk for all Members. The reduction
of the time period reduces the market risk for the initiating member as
well as any Members providing orders in response to an RFR.

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.
    The proposed rule change to provide the Exchange flexibility in
determining potentially shorter durations for Auctions and Solicitation
Auctions does not impose an undue burden on intra-market competition as
the Exchange believes that allowing for an auction period of no less
than 100 milliseconds and no more than 1 second will benefit Members
utilizing the PRIME and PRIME Solicitation Mechanism. The Exchange
believes it is in these Members' best interest to minimize the Auction
and Solicitation Auction duration while continuing to allow Members
adequate time to respond electronically.
    The proposed rule allows Members to respond quickly at the most
favorable price while reducing the risk that the market will move
against the response. The Exchange believes that its Members will be
able to compete within a timer range of no less than 100 milliseconds
and no more than 1 second, and that any specific duration within this
range is a sufficient amount of time to respond to, compete for, and
provide price improvement for orders, and will provide investors and
other market participants more timely executions, and reduce their
market risk.
    The Exchange does not believe its proposed rule change will impose
an undue burden on inter-market competition as the Exchange notes other
exchanges offer similar functionality with similar auction duration
lengths.\15\
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    \15\ See NASDAQ BX Rules, Chapter VI, Section 9(ii)(A)(3), CBOE
Rule 6.74A and 6.74B, ISE Rule 723(c)(1), and NASDAQ PHLX Rule
1080(n)(ii)(A)(4). The Commission notes that CBOE's proposed rule
change to amend its auction response period was published in the
Federal Register on April 14, 2017 and is subject to a public
comment period expiring on May 5, 2017.
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    For all the reasons stated, the Exchange does not believe that the
proposed rule change will impose any burden on competition not
necessary or appropriate in furtherance of the purposes of the Act, and
believes the proposed change will enhance competition.

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

    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 Exchange consents, the Commission shall: (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-MIAX-2017-16 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-MIAX-2017-16. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than

those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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-MIAX-2017-16 and should be
submitted on or before May 26, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Eduardo A. Aleman,
Assistant Secretary.
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    \16\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2017-09062 Filed 5-4-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Rules and Regulations]
[Pages 39347-39349]
[FR Doc No: 2023-12858]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1022; Airspace Docket No. 23-AWA-3]
RIN 2120-AA66

Amendment of Class C Airspace; Dane County Regional Airport-Truax
Field, Madison, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Madison Dane County Regional Airport-
Truax Field, WI, Class C airspace description to update the Dane County
Regional Airport-Truax Field name and the geographic coordinates of the
airport reference point (ARP) for the Dane County Regional Airport-
Truax Field and Waunakee Airport, WI, to match the FAA's National
Airspace System Resources (NASR) database information. Additionally,
this action amends the airspace description by updating the header
format and replacing the outdated terms ``Notice to Airmen'' and
``Airport/Facility Directory'' with the current terminology. This
action does not change the boundaries, altitudes, or operating
requirements of the Class C airspace area.

DATES: Effective date 0901 UTC, October 5, 2023. The Director of the
Federal Register approves this incorporation by

reference action under 1 CFR part 51, subject to the annual revision of
FAA Order JO 7400.11 and publication of conforming amendments.

ADDRESSES: A copy of this final rule and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it updates the information in the Madison Dane County
Regional Airport-Truax Field, WI, Class C airspace description.

History

    During a review of the Madison Dane County Regional Airport-Truax
Field, WI, Class C airspace description, the FAA identified the need to
update the airport name, the ARP geographic coordinates for the Dane
County Regional Airport-Truax Field and the Waunakee Airport, and
replace the outdated terms ``Notice to Airmen'' and ``Airport/Facility
Directory''.

Incorporation by Reference

    Class C airspace areas are published in paragraph 4000 of FAA Order
JO 7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11G, dated August 19, 2022, and effective September 15, 2022. FAA
Order JO 7400.11G is publicly available as listed in the ADDRESSES
section of this document. These amendments will be published in the
next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by updating the Madison Dane
County Regional Airport-Truax Field, WI, Class C airspace description
as published in FAA Order JO 7400.11G, Airspace Designations and
Reporting Points. The airport name ``Dane County Regional Airport-Truax
Field'' is changed to ``Dane County Regional/Truax Field,'' to match
the Airport Master Record database, and the ARP geographic coordinates
are updated from ``lat. 43[deg]08'22'' N, long. 89[deg]20'14'' W'' to
``lat. 43[deg]08'24'' N, long. 089[deg]20'15'' W.'' The ARP geographic
coordinates for the Waunakee Airport are updated from ``lat.
43[deg]11'00'' N, long 89[deg]27'00'' W'' to ``lat. 43[deg]10'43'' N,
long. 089[deg]27'05'' W.'' The ARP coordinates updates are made to
match the FAA's NASR database information. The airport name is removed
from the first line in the text header of the description leaving just
the city and state location of the airport. These changes follow the
current formatting standard. In the body of the Class C description,
the outdated term ``Notice to Airman'' is replaced by ``Notice to Air
Missions'' and the outdated term ``Airport/Facility Directory'' is
replaced by ``Chart Supplement.''
    This action consists of administrative changes only and does not
affect the boundaries, altitudes, or operating requirements of the
airspace. Therefore, notice and public procedure under 5 U.S.C. 553(b)
is unnecessary.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of making administrative
edits to the Madison Dane County Regional Airport-Truax Field, WI,
Class C airspace description qualifies for categorical exclusion under
the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its
implementing regulations at 40 CFR part 1500, and in accordance with
FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). As such, this action
is not expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. Accordingly, the FAA has determined that no extraordinary
circumstances exist that warrant preparation of an environmental
assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, effective September 15, 2022, is amended as follows:

Paragraph 4000 Class C Airspace.

* * * * *

AGL WI C Madison, WI [Amended]

Dane County Regional/Truax Field, WI
    (Lat. 43[deg]08'24'' N, long. 89[deg]20'15'' W)
Waunakee Airport, WI
    (Lat. 43[deg]10'43'' N, long 89[deg]27'05'' W)

    That airspace extending upward from the surface to and including
4,900 feet MSL within a 5-mile radius of the Dane County Regional/
Truax Field excluding that airspace within a 1\1/2\-mile radius of
the Waunakee Airport; and that airspace extending upward from 2,300
feet MSL to and including 4,900 feet MSL within a 10-mile radius of
the Dane County Regional/Truax Field. This Class C airspace area is
effective during the specific dates and times established in advance
by a Notice to Air Missions. The effective date and time will
thereafter be continuously published in the Chart Supplement.
* * * * *

    Issued in Washington, DC, on June 12, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-12858 Filed 6-15-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 22, 2006 (Volume 71, Number 98)]
[Notices]
[Page 29327-29328]
[DOCID:fr22my06-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

May 12, 2006.
    Take notice that the Commission received the following electric
rate filings.
    Docket Numbers: ER06-857-001.
    Applicants: Energy Resource Management Corp.
    Description: Energy Resource Management Corp. submits an amended
FERC Electric Tariff Rate Schedule 1.
    Filed Date: May 3, 2006.
    Accession Number: 20060508-0152.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 24, 2006.

    Docket Numbers: ER06-868-001.
    Applicants: Florida Power Corporation.
    Description: Florida Power Corp. submits revised tariff sheets to
its Rate Schedule No. 176.
    Filed Date: May 5, 2006.
    Accession Number: 20060509-0113.
    Comment Date: 5 p.m. Eastern Time on Friday, May 26, 2006.

    Docket Numbers: ER06-945-000.
    Applicants: TXU Electric Company.
    Description: TXU Electric Delivery Co. submits its Second Revised
Sheet Nos. 37-38 to FERC Electric Tariff, Ninth Revised Volume No. 1,
effective May 31, 2004.
    Filed Date: May 5, 2006.
    Accession Number: 20060509-0112.
    Comment Date: 5 p.m. Eastern Time on Friday, May 26, 2006.

    Docket Numbers: ER06-946-000.
    Applicants: TXU Electric Delivery Company.
    Description: TXU Electric Delivery Co. submits its Second Revised
Sheet No. 34 to FERC Electric Tariff, Fourth Revised Volume
    No. 2, effective May 31, 2004.
    Filed Date: May 5, 2006.
    Accession Number: 20060509-0111.
    Comment Date: 5 p.m. Eastern Time on Friday, May 26, 2006.
    Docket Numbers: ER06-947-000.
    Applicants: Northeast Utilities Service Company.
    Description: Northeast Utilities Service Co. on behalf of The
Connecticut Light and Power Co. et al. submits a notice of Cancellation
of Rate Schedule FERC Nos. 496 and 382.
    Filed Date: May 5, 2006.
    Accession Number: 20060509-0118.
    Comment Date: 5 p.m. Eastern Time on Friday, May 26, 2006.

    Docket Numbers: ER06-948-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Co. submits executed
Facilities Agreements with the City and County of San Francisco.
    Filed Date: May 1, 2006.
    Accession Number: 20060502-0074.
    Comment Date: 5 p.m. Eastern Time on Monday, May 22, 2006.

    Docket Numbers: ER06-949-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Gas Co. submits a notice of
cancellation of Rate Schedule FERC No. 209.
    Filed Date: May 4, 2006.
    Accession Number: 20060504-0174.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 25, 2006.

    Docket Numbers: ER06-950-000.
    Applicants: The Cincinnati Gas & Electric Company.
    Description: The Cincinnati Gas & Electric Co. dba Duke Energy Ohio
Inc. submits a notice of succession notifying the Commission effective
April 10, 2006 that it has succeeded by merger to the tariff of Duke
Fayette.

    Filed Date: May 5, 2006.
    Accession Number: 20060509-0117.
    Comment Date: 5 p.m. Eastern Time on Friday, May 26, 2006.

    Docket Numbers: ER06-951-000.
    Applicants: The Cincinnati Gas & Electric Company.
    Description: The Cincinnati Gas & Electric Co. dba Duke Energy Ohio
Inc. submits a notice of succession notifying the Commission effective
April 10, 2006 that it has succeeded by merger to the tariff of Duke
Washington.
    Filed Date: May 5, 2006.
    Accession Number: 20060509-0116.
    Comment Date: 5 p.m. Eastern Time on Friday, May 26, 2006.

    Docket Numbers: ER06-952-000.
    Applicants: The Cincinnati Gas & Electric Company.
    Description: The Cincinnati Gas & Electric Co dba Duke Energy Ohio,
Inc. submits a notice of succession notifying the Commission that
effective April 10, 2006 it has succeeded by merger to the tariff of
Duke Energy Hanging Rock, LLC.
    Filed Date: May 5, 2006.
    Accession Number: 20060509-0115.
    Comment Date: 5 p.m. Eastern Time on Friday, May 26, 2006.

    Docket Numbers: ER06-953-000.
    Applicants: The Cincinnati Gas and Electric Company.
    Description: The Cincinnati Gas and Electric Co dba Duke Energy
Ohio submits a notice of cancellation of Duke Vermillion's Test Power
Purchase Agreement designated as Rate Schedule FERC 1.
    Filed Date: May 4, 2006.
    Accession Number: 20060509-0114.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 25, 2006.

    Docket Numbers: ER06-954-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits its report on
allocation of cost responsibility for transmission upgrades and revised
tariff sheets.
    Filed Date: May 4, 2006.
    Accession Number: 20060509-0107.
    Comment Date: 5 p.m. Eastern Time on Monday, June 5, 2006.

    Docket Numbers: ER06-955-000.
    Applicants: American Transmission Company LLC.
    Description: American Transmission Co, LLC submits an executed
Distribution-Transmission Interconnection Agreement with Alger Delta
Cooperative Association.
    Filed Date: May 4, 2006.
    Accession Number: 20060509-0055.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 25, 2006.

    Docket Numbers: ER06-956-000.
    Applicants: American Transmission Company LLC.
    Description: American Transmission Co, LLC submits an executed
Distribution -Transmission Interconnection Agreement with New Holstein
Utilities.
    Filed Date: May 4, 2006.
    Accession Number: 20060509-0207.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 25, 2006.

    Docket Numbers: ER06-957-000.
    Applicants: American Transmission Company LLC.
    Description: American Transmission Co LLC submits an executed
Distribution-Transmission Interconnection Agreement with Two Rivers
Water & Light.
    Filed Date: May 4, 2006.
    Accession Number: 20060509-0110.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 25, 2006.

    Docket Numbers: ER99-1004 -006; ER00-2738-005; ER00-2740-005; ER01-
1721-003; ER02-564-003; ER02-257-006.
    Applicants: Entergy Nuclear Generation Company; Entergy Nuclear
FitzPatrick, LLC; Entergy Nuclear Indian Point 3, LLC; Entergy Nuclear
Indian Point 2, LLC; Entergy Nuclear Vermont Yankee, LLC; Northern Iowa
Windpower LLC.
    Description: Entergy Services, Inc. submits modifications to its
December 14, 2005 filing.
    Filed Date: May 4, 2006.
    Accession Number: 20060509-0039.
    Comment Date: 5 p.m. Eastern Time on Monday, May 15, 2006.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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 e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-7691 Filed 5-19-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Proposed Rules]
[Pages 43327-43332]
[FR Doc No: 2014-17444]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2014-0541]
RIN 1625-AA08, AA00

Special Local Regulations for Marine Events and Safety Zone,
Patapsco River; Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary regulations in
certain waters of the Patapsco River. This action is necessary to
provide for the safety of life on navigable waters before, during, and
after the Star-Spangled Spectacular Fireworks scheduled as part of War
of 1812 Bicentennial Commemorations activities at Baltimore, Maryland
during September 6-16, 2014. This action will restrict vessel traffic
in portions of the Patapsco River, including the Northwest Harbor and
Baltimore's Inner Harbor.

DATES: Comments and related material must be received by the Coast
Guard on or before August 25, 2014.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a

comment online, it will be considered received by the Coast Guard when
you successfully transmit the comment. If you fax, hand deliver, or
mail your comment, it will be considered as having been received by the
Coast Guard when it is received at the Docket Management Facility. We
recommend that you include your name and a mailing address, an email
address, or a telephone number in the body of your document so that we
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2014-0541] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    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. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2014-0138) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    This rule involves a fireworks display associated with a televised
event that will take place in Baltimore, Maryland, on September 13,
2014 and will attract thousands of spectators. The launch sites for the
fireworks display are from discharge barges located in the Patapsco
River. The permanent safety zones listed in the Table to 33 CFR 165.506
do not apply to this event.
    This rule also involves designated on-water spectator areas
associated with the fireworks display. The current regulations under 33
CFR part 100 address safety for reoccurring marine events. This marine
event does not appear in the current regulations; however, as it is a
regulation to provide effective control over regattas and marine
parades on the navigable waters of the United States so as to insure
safety of life in the regatta or marine parade area, this marine event
therefore needs to be temporarily added.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure safety of life on navigable waters of the United
States for designated on-water spectator areas established in support
of the Star-Spangled Spectacular Fireworks event.
    Fireworks displays are frequently held from locations on or near
the navigable waters of the United States. The potential hazards
associated with fireworks displays are a safety concern during such
events. The purpose of this rule is to promote public and maritime
safety during a fireworks display, and to protect mariners transiting
the area from the potential hazards associated with a fireworks
display, such as the accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. This rule is
needed to ensure safety on the waterway before, during and after the
scheduled event.

D. Discussion of Proposed Rule

    The Baltimore Office of Promotion and The Arts, of Baltimore, MD,
will sponsor a large fireworks display launched from barges located at
seven locations in the Patapsco River at Baltimore, Maryland, scheduled
on September 13, 2014 at 9 p.m. A rehearsal of the fireworks show is
planned on September 12, 2014 at 9 p.m. If necessary due to inclement
weather, the event will be held on September 14, 2014.
    Through this regulation, the Coast Guard proposes to establish a
safety zone. The safety zone will encompass all waters of the Patapsco
River, as follows: (1) Within a 150 foot radius of a fireworks
discharge barge in approximate position latitude 39[deg]17'03'' N,
longitude 076[deg]36'36'' W, located southeast of Pier 1 Inner Harbor
at Baltimore, Maryland; (2) within a 300 foot radius of a fireworks
discharge barge in approximate position latitude 39[deg]16'55'' N,
longitude 076[deg]36'17'' W, located southwest of Pier 6 Inner Harbor
at Baltimore, Maryland; (3) within a 600 foot radius of a fireworks
discharge barge in approximate position latitude 39[deg]16'38'' N,
longitude 076[deg]35'55'' W, located northwest of the Domino Sugar (ASR
Group) refinery wharf at Baltimore, Maryland; (4) within a 500 foot
radius of a fireworks discharge barge in approximate position latitude
39[deg]16'42'' N, longitude 076[deg]35'30'' W, located south of the
Fells Point Recreation Pier at Baltimore, Maryland; (5) within a 500
foot radius of a fireworks discharge barge in approximate position
latitude 39[deg]16'28'' N, longitude 076[deg]34'59'' W, located north
of the North Locust Point Marine Terminal at Baltimore, Maryland; (6)
within a 600 foot radius of a fireworks discharge barge in approximate
position latitude 39[deg]16'15'' N, longitude 076[deg]34'38'' W,
located south of the Northwest Harbor Turning Basin at Baltimore,
Maryland; and (7) within a 800 foot radius of each of the fireworks
discharge barges arranged in a line between approximate position
latitude 39[deg]15'47'' N, longitude 076[deg]34'30'' W, and approximate
position latitude 39[deg]15'40'' N, longitude 076[deg]34'37'' W,
located along the Northwest Harbor (East Channel) at Baltimore,
Maryland. The temporary safety zone will be enforced from 7:00 p.m. to
10 p.m. on September 12, 2014, and from 7:30 p.m. to 11 p.m. on
September 13, 2014, and if necessary due to inclement weather, from
7:30 p.m. to 11 p.m. on September 14, 2014. The effect of this safety
zone will be to restrict navigation in the regulated area during, as
well as the set up and take down of, the fireworks display.
    This rule requires that entry into or remaining in this safety zone
is prohibited unless authorized by the Coast Guard Captain of the Port
Baltimore. All vessels underway within this safety zone at the time it
is implemented are to depart the zone. To

seek permission to transit the area of the safety zone, the Captain of
the Port Baltimore can be contacted at telephone number<PHONE_NUMBER> or
on Marine Band Radio VHF-FM channel 16 (156.8 MHz). Coast Guard vessels
enforcing the safety zone can be contacted on Marine Band Radio VHF-FM
channel 16 (156.8 MHz). Federal, state, and local agencies may assist
the Coast Guard in the enforcement of the safety zone. The Coast Guard
will issue notices to the maritime community to further publicize the
safety zone and notify the public of changes in the status of the zone.
Such notices will continue until the event is complete.
    The Coast Guard also proposes to establish special local
regulations on specified waters of the Patapsco River by which
spectator vessels may observe the Star-Spangled Spectacular Fireworks
on September 13, 2014. This action is necessary to ensure the safety of
participants and spectators immediately prior to, during, and following
the Star-Spangled Spectacular Fireworks. The regulations will be
enforced from 7:30 p.m. to 11 p.m. on September 13, 2014, and if
necessary due to inclement weather, from 7:30 p.m. to 11 p.m. on
September 14, 2014. The proposed regulated area extends across the
entire width of the waterway and will encompass all waters of the
Patapsco River, bounded on the east by a line drawn from position
latitude 39[deg]15'42'' N, longitude 076[deg]34'48'' W, thence to
position latitude 39[deg]15'29'' N, longitude 076[deg]34'34'' W, thence
to position latitude 39[deg]15'36'' N, longitude 076[deg]34'12'' W, and
bounded on the west by the Inner Harbor western bulkhead, located at
Baltimore, MD. Designated spectator areas and an event area exist
within this regulated area. Three designated spectator areas, where all
vessels are prohibited from transiting in excess of wake speed unless
authorized by the Captain of the Port Baltimore or his designated
representative and persons and vessels may enter, transit through,
anchor in, or remain within, include: (a) All waters of the Patapsco
River, within lines connecting the following positions: From latitude
39[deg]16'40'' N, longitude 076[deg]35'10'' W, thence northeasterly to
latitude 39[deg]16'45'' N, longitude 076[deg]35'04'' W, thence
southeasterly to latitude 39[deg]16'41'' N, longitude 076[deg]34'57''
W, thence northeasterly to latitude 39[deg]16'45'' N, longitude
076[deg]34'50'' W, thence southerly to latitude 39[deg]16'38'' N,
longitude 076[deg]34'50'' W, thence southwesterly to latitude
39[deg]16'34'' N, longitude 076[deg]34'55'' W, thence northwesterly to
the position of origin. This spectator area is to be used by commercial
vessels only; (b) All waters of the Patapsco River, within lines
connecting the following positions: From latitude 39[deg]16'27'' N,
longitude 076[deg]34'41'' W, thence northerly to latitude
39[deg]16'37'' N, longitude 076[deg]34'37'' W, thence easterly to
latitude 39[deg]16'35'' N, longitude 076[deg]34'16'' W, thence
southerly to latitude 39[deg]16'18'' N, longitude 076[deg]34'21'' W,
thence westerly to the position of origin. This spectator area is to be
used by recreational vessels only; and (c) All waters of the Patapsco
River, within lines connecting the following positions: From latitude
39[deg]16'53'' N, longitude 076[deg]36'10'' W, thence southerly to
latitude 39[deg]16'49'' N, longitude 076[deg]36'17'' W, thence easterly
to latitude 39[deg]16'35'' N, longitude 076[deg]36'04'' W, thence
northerly to latitude 39[deg]16'48'' N, longitude 076[deg]36'02'' W,
thence westerly to the position of origin. This spectator area is to be
used by both commercial and recreational vessels. The event area, where
all persons and vessels, except those persons and vessels participating
in the event, are prohibited from entering, transiting through,
anchoring in, or remaining within, includes all waters of the Patapsco
River, within the regulated area, excluding the designated spectator
areas.
    The effect of this proposed rule will be to restrict general
navigation in the regulated area during the event. Vessels intending to
transit the Patapsco River through the regulated area will be allowed
to safely transit the regulated area only when the Coast Guard Patrol
Commander has deemed it safe to do so. The Coast Guard will restrict
vessel traffic in the event area to provide for the safety of
participants, spectators and other transiting vessels. The Coast Guard
will provide notice of the special local regulations by Local Notice to
Mariners, Broadcast Notice to Mariners, and the official patrol on
scene.
    The regulations contained within this proposed rule are not
intended to effect existing Naval Vessel Protection Zone regulations
described in Title 33 CFR Part 165 (Subpart G).

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the
following reasons: The primary impact of these regulations will be on
vessels wishing to transit the affected waterways during activities
associated with the Star-Spangled Spectacular fireworks display
beginning on September 12, 2014 and ending on September 14, 2014.
Although these regulations prevent traffic from transiting a portion of
the Patapsco River during this event, that restriction is limited in
duration, affects only a limited area, and will be well publicized to
allow mariners to make alternative plans for transiting the affected
area. Moreover, the magnitude of the event itself will severely hamper
or prevent transit of the waterway, even absent these regulations
designed to ensure it is conducted in a safe and orderly fashion.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of the
Patapsco River encompassed within the special local regulations from
7:30 p.m. on September 13, 2014 to 11 p.m. on September 14, 2014 and
encompassed within the safety zone from 7 p.m. on September 12, 2014 to
11 p.m. on September 14, 2014. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment.
    This proposed rule involves special local regulations issued in
conjunction with a regatta or marine parade. This rule is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. A preliminary environmental analysis checklist
supporting this determination and a Categorical Exclusion Determination
are available in the docket where indicated under ADDRESSES.
    Additionally, this proposed rule involves establishing a temporary
safety zone for a fireworks display. The fireworks are launched from
navigable waters of the United States and may have potential for
negative impact on the safety or other interest of waterway users and
near shore activities in the event area. The activity includes
fireworks launched from barges near the shoreline that generally rely
on the use of navigable waters as a safety buffer to protect the public
from fireworks fallouts and premature detonations. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A preliminary environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES.
    We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.

List of Subjects

33 CFR Part 100

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

33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add a temporary section, Sec.  100.35-T05-0541 to read as follows:

Sec.  100.35-T05-0541  Special Local Regulations for Marine Events,
Patapsco River; Baltimore, MD.

    (a) Regulated areas. The following regulated areas are established
as special local regulations. All

coordinates are North American Datum 1983.
    (1) Regulated area. The following location is a regulated area: All
waters of the Patapsco River, bounded on the east by a line drawn from
position latitude 39[deg]15'42'' N, longitude 076[deg]34'48'' W, thence
to position latitude 39[deg]15'29'' N, longitude 076[deg]34'34'' W,
thence to position latitude 39[deg]15'36'' N, longitude 076[deg]34'12''
W, and bounded on the west by the Inner Harbor's western bulkhead,
located at Baltimore, MD.
    (2) Designated spectator areas. The following locations are
spectator areas within the regulated area:
    (i) All waters of the Patapsco River, within lines connecting the
following positions: From latitude 39[deg]16'40'' N, longitude
076[deg]35'10'' W, thence northeasterly to latitude 39[deg]16'45'' N,
longitude 076[deg]35'04'' W, thence southeasterly to latitude
39[deg]16'41'' N, longitude 076[deg]34'57'' W, thence northeasterly to
latitude 39[deg]16'45'' N, longitude 076[deg]34'50'' W, thence
southerly to latitude 39[deg]16'38'' N, longitude 076[deg]34'50'' W,
thence southwesterly to latitude 39[deg]16'34'' N, longitude
076[deg]34'55'' W, thence northwesterly to the position of origin.
    (ii) All waters of the Patapsco River, within lines connecting the
following positions: From latitude 39[deg]16'27'' N, longitude
076[deg]34'41'' W, thence northerly to latitude 39[deg]16'37'' N,
longitude 076[deg]34'37'' W, thence easterly to latitude 39[deg]16'35''
N, longitude 076[deg]34'16'' W, thence southerly to latitude
39[deg]16'18'' N, longitude 076[deg]34'21'' W, thence westerly to the
position of origin.
    (iii) All waters of the Patapsco River, within lines connecting the
following positions: From latitude 39[deg]16'53'' N, longitude
076[deg]36'10'' W, thence southerly to latitude 39[deg]16'49'' N,
longitude 076[deg]36'17'' W, thence easterly to latitude 39[deg]16'35''
N, longitude 076[deg]36'04'' W, thence northerly to latitude
39[deg]16'48'' N, longitude 076[deg]36'02'' W, thence westerly to the
position of origin.
    (3) Event area. All waters of the Patapsco River, within the
regulated area, excluding the designated spectator areas as described
in paragraph (a)(2) of this section.
    (b) Definitions: (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the U. S. Coast Guard who
has been designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant means all persons and vessels participating in the
Star-Spangled Spectacular Fireworks event under the auspices of the
Marine Event Permit issued to the event sponsor and approved by
Commander, Coast Guard Sector Baltimore.
    (4) Spectator means all persons and vessels not registered with the
event sponsor as participants or official patrol.
    (c) Special local regulations: (1) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels and persons in the
regulated area. When hailed or signaled by an official patrol, a vessel
or person in the regulated area shall immediately comply with the
directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
    (2) The Coast Guard Patrol Commander may terminate the event, or
the operation of any participant in the event, at any time it is deemed
necessary for the protection of life or property. The Coast Guard may
be assisted in the patrol and enforcement of the regulated area by
other Federal, State, and local agencies.
    (3) All Coast Guard vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
    (4) Only participants and official patrol are allowed to enter the
event area as described in Paragraph a(3) of this section.
    (5) Spectators are allowed inside the regulated area only if they
remain within the designated spectator area. Recreational vessels
spectators will be permitted to anchor only within the designated
spectator areas described in paragraph (a)(2)(i) and (a)(2)(iii) of
this section. Commercial vessels spectators will be permitted to anchor
only within the designated spectator areas described in paragraph
(a)(2)(ii) and (a)(2)(iii) of this section. No vessel may anchor within
the regulated area outside the designated spectator areas. Spectators
may contact the Coast Guard Patrol Commander to request permission to
pass through the regulated area. If permission is granted, spectators
shall comply with the directions given and must pass directly through
the regulated area, outside the event area, at a safe speed and without
loitering.
    (6) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
    (d) Enforcement period: This section will be enforced from 7:30
p.m. to 11 p.m. on September 13, 2014, and if necessary due to
inclement weather, from 7:30 p.m. to 11 p.m. on September 14, 2014.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
4. Add temporary Sec.  165.T05-0541 to read as follows:

Sec.  165.T05-0541  Safety Zone, Patapsco River; Baltimore, MD.

    (a) Location. The following areas are a safety zone:
    (1) All waters of the Patapsco River, within a 150 foot radius of a
fireworks discharge barge in approximate position latitude
39[deg]17'03'' N, longitude 076[deg]36'36'' W, located southeast of
Pier 1 Inner Harbor at Baltimore, Maryland;
    (2) All waters of the Patapsco River, within a 300 foot radius of a
fireworks discharge barge in approximate position latitude
39[deg]16'55'' N, longitude 076[deg]36'17'' W, located southwest of
Pier 6 Inner Harbor at Baltimore, Maryland;
    (3) All waters of the Patapsco River, within a 600 foot radius of a
fireworks discharge barge in approximate position latitude
39[deg]16'38'' N, longitude 076[deg]35'55'' W, located northwest of the
Domino Sugar (ASR Group) refinery wharf at Baltimore, Maryland;
    (4) All waters of the Patapsco River, within a 500 foot radius of a
fireworks discharge barge in approximate position latitude
39[deg]16'42'' N, longitude 076[deg]35'30'' W, located south of the
Fells Point Recreation Pier at Baltimore, Maryland;
    (5) All waters of the Patapsco River, within a 500 foot radius of a
fireworks discharge barge in approximate position latitude
39[deg]16'28'' N, longitude 076[deg]34'59'' W, located north of the
North Locust Point Marine Terminal at Baltimore, Maryland;
    (6) All waters of the Patapsco River, within a 600 foot radius of a
fireworks discharge barge in approximate position latitude
39[deg]16'15'' N, longitude 076[deg]34'38'' W, located south of the
Northwest Harbor Turning Basin at Baltimore, Maryland; and
    (7) All waters of the Patapsco River, within a 800 foot radius of
each of the fireworks discharge barges arranged in a line between
approximate position latitude 39[deg]15'47'' N, longitude

076[deg]34'30'' W, and approximate position latitude 39[deg]15'40'' N,
longitude 076[deg]34'37'' W, located in the Northwest Harbor (East
Channel) at Baltimore, Maryland. All coordinates refer to datum NAD
1983.
    (b) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section,
Sec.  165.T05-0541.
    (1) All persons are required to comply with the general regulations
governing safety zones found in 33 CFR 165.23.
    (2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Baltimore or his
designated representative.
    (3) Persons desiring to transit the area of the safety zone must
first obtain authorization from the Captain of the Port Baltimore or
his designated representative. To seek permission to transit the area,
the Captain of the Port Baltimore or his designated representative can
be contacted at telephone number<PHONE_NUMBER> or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz). Upon being hailed by a U.S. Coast Guard vessel, or other Federal,
State, or local agency vessel, by siren, radio, flashing light, or
other means, the operator of a vessel shall proceed as directed. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port Baltimore or his designated
representative and proceed at the minimum speed necessary to maintain a
safe course while within the zone.
    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
    (c) Definitions. As used in this section:
    Captain of the Port Baltimore means the Commander, U.S. Coast Guard
Sector Baltimore, Maryland.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Baltimore to assist in enforcing the safety zone described in
paragraph (a) of this section.
    (d) Enforcement periods. This section will be enforced:
    (1) From 7 p.m. to 10 p.m. on September 12, 2014, and
    (2) From 7:30 p.m. to 11 p.m. on September 13, 2014, and if
necessary due to inclement weather, from 7:30 p.m. to 11 p.m. on
September 14, 2014.

    Dated: July 10, 2014.
K. C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2014-17444 Filed 7-24-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 59 (Wednesday, March 27, 2013)]
[Notices]
[Pages 18581-18582]
[FR Doc No: 2013-06988]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-1139-000]

Imperial Valley Solar 1, LLC: Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Imperial Valley Solar 1, LLC's application for market-based rate
authority, with an accompanying rate schedule, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is April 10, 2013.

    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also 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>.

    Dated: March 21, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-06988 Filed 3-26-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Rules and Regulations]
[Pages 48708-48711]
[FR Doc No: 2018-20631]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1026; Product Identifier 2017-NM-097-AD; Amendment
39-19422; AD 2018-19-21]
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 all The
Boeing Company Model 707 airplanes, and Model 720 and 720B series
airplanes. This AD was prompted by fuel system reviews conducted by the
manufacturer. This AD requires revising the maintenance or inspection
program to include new airworthiness limitations. We are issuing this
AD to address the unsafe condition on these products.

DATES: This AD is effective November 1, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 1,
2018.

ADDRESSES: For service information identified in this final rule,
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: https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1026.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1026; 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 final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is Docket Operations, 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: Samuel Lee, Aerospace Engineer,
Propulsion Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email: [email protected].

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 all The Boeing Company
Model 707 airplanes, and Model 720 and 720B series airplanes. The NPRM
published in the Federal Register on November 20, 2017 (82 FR 55057).
The NPRM was prompted by fuel system reviews conducted by the
manufacturer. The NPRM proposed to require revising the maintenance or
inspection program to include new airworthiness limitations.
    We are issuing this AD to detect and correct potential ignition
sources inside fuel tanks caused by latent failures, alterations,
repairs, or maintenance actions, which, in combination with flammable
fuel vapors, could result in fuel tank explosions and consequent loss
of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this final rule. We have considered the comment received. Boeing
supported the NPRM.

Clarification of Alternative Wire Types and Sleeving

    Paragraph (h) of this AD allows alternative wire types and sleeving
materials for certain wire types and sleeving materials identified in
AWL No. 28-AWL-03. AWL No. 28-AWL-03 was originally mandated by AD
2008-04-11 R1, Amendment 39-16147 (74 FR 68505, December 28, 2009)
(``AD 2008-04-11 R1''). Since the issuance of AD 2008-04-11 R1, which
is terminated by this AD, we received numerous requests for approval of
alternative methods of compliance (AMOCs) from operators and
supplemental type certificate (STC) holders (or applicants) to allow
the installation of the alternative wire types and sleeving. We
evaluated certain attributes of those alternative wire types and
sleeving for each installation, and issued numerous AMOC approvals for
AD 2008-04-11 R1, based on our determination that the installation of
those wire types and sleeving would provide an acceptable level of
safety. The alternative wire types and sleeving specified in paragraph
(h) of this AD were previously approved as an AMOC for AD 2008-04-11
R1. Although paragraph (h) of this AD provides certain allowances, it
does not provide approval of alternative wire types and sleeving that
are installed as part of an aircraft design change. Each applicant for
any design change is responsible to show that the installation of
alternative wire types and sleeving identified in paragraphs (h)(l) and
(h)(2) of this AD complies with all applicable regulatory requirements.
This responsibility includes, but is not limited to, substantiation of
compliance with flammability requirements, and substantiation to show
that sleeve installation, including the selection of sleeve thickness,
is adequate to protect wires from chafing for the life of installation.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this final rule 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 for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing 707/720 Airworthiness Limitations (AWLs), D6-
7552-AWL, dated October 2016, which addresses fuel systems ignition
prevention and impact-resistant fuel tank access doors. 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 the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 9 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
    We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, we estimate the total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

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):

2018-19-21 The Boeing Company: Amendment 39-19422; Docket No. FAA-
2017-1026; Product Identifier 2017-NM-097-AD.

(a) Effective Date

    This AD is effective November 1, 2018.

(b) Affected ADs

    This AD affects the ADs specified in paragraphs (b)(1) and
(b)(2) of this AD.
    (1) AD 2008-04-11 R1, Amendment 39-16147 (74 FR 68505, December
28, 2009) (``AD 2008-04-11 R1'').
    (2) AD 2013-24-07, Amendment 39-17681 (78 FR 72550, December 3,
2013) (``AD 2013-24-07'').

(c) Applicability

    This AD applies to all The Boeing Company airplanes,
certificated in any category, identified in paragraphs (c)(1) and
(c)(2) of this AD.
    (1) Model 707-100 long body, -200, -100B long body, -100B short
body, -300, -300B, -300C, and -400 series airplanes.
    (2) Model 720 and 720B series airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the
manufacturer. We are issuing this AD to detect and correct potential
ignition sources inside fuel tanks caused by latent failures,
alterations, repairs, or maintenance actions, which, in combination
with flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 60 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
information in Section A, including Subsections A.1, A.2, and
Appendix A, as specified in Boeing 707/720 Airworthiness Limitations
(AWLs), D6-7552-AWL, dated October 2016; except as provided in
paragraph (h) of this AD. The initial compliance times for the AWL
tasks are within the applicable compliance times specified in
paragraphs (g)(1) through (g)(5) of this AD.
    (1) AWL No. 28-AWL-01, External Wires Over Center Fuel Tank, as
specified in Boeing 707/720 Airworthiness Limitations (AWLs), D6-
7552-AWL, dated October 2016. The initial compliance time for
accomplishment of the actions specified by AWL No. 28-AWL-01 is
specified in paragraph (g)(1)(i) or (g)(1)(ii) of this AD, as
applicable.
    (i) For airplanes that have been previously inspected as
specified in 28-AWL-01 as of the effective date of this AD: Conduct
the inspection within 120 months after the most recent inspection.
    (ii) For airplanes that have not been inspected as specified in
28-AWL-01 as of the effective date of this AD: Conduct the
inspection within 12 months after the effective date of this AD.
    (2) AWL No. 28-AWL-18, AC Fuel Boost Pump Bonding Installation,
as specified in Boeing 707/720 Airworthiness Limitations (AWLs), D6-
7552-AWL, dated October 2016. The initial compliance time for
accomplishment of the actions specified by AWL No. 28-AWL-18 is
specified in paragraph (g)(2)(i) or (g)(2)(ii) of this AD, as
applicable.
    (i) For airplanes that have been previously inspected as
specified in 28-AWL-18 as of the effective date of this AD: Conduct
the inspection within 72 months after the most recent inspection.
    (ii) For airplanes that have not been inspected as specified in
28-AWL-18 as of the effective date of this AD: Conduct the
inspection within 12 months after the effective date of this AD.
    (3) AWL No. 28-AWL-19, Fuel Valve Bonding Jumper Installation--
Engine Fuel Shutoff, Defuel, Reserve Tank Transfer, Fuel Dump, and
Fuel Manifold Valves, as specified in Boeing 707/720 Airworthiness
Limitations (AWLs), D6-7552-AWL, dated October 2016. The initial
compliance time for accomplishment of the actions specified by AWL
No. 28-AWL-19 is specified in paragraph (g)(3)(i) or (g)(3)(ii) of
this AD, as applicable.
    (i) For airplanes that have been previously inspected as
specified in 28-AWL-19 as of the effective date of this AD: Conduct
the inspection within 72 months after the most recent inspection.
    (ii) For airplanes that have not been inspected as specified in
28-AWL-19 as of the effective date of this AD: Conduct the
inspection within 12 months after the effective date of this AD.
    (4) AWL No. 28-AWL-21, Dry Bay Fuel Manifold Assembly--Bonding
Jumper Installation, as specified in Boeing 707/720 Airworthiness
Limitations (AWLs), D6-7552-AWL, dated October 2016. The initial
compliance time for accomplishment of the actions specified by AWL
No. 28-AWL-21 is specified in paragraph (g)(4)(i) or (g)(4)(ii) of
this AD, as applicable.
    (i) For airplanes that have been previously inspected as
specified in 28-AWL-21 as of the effective date of this AD: Conduct
the inspection within 72 months after the most recent inspection.
    (ii) For airplanes that have not been inspected as specified in
28-AWL-21 as of the effective date of this AD: Conduct the
inspection within 12 months after the effective date of this AD.
    (5) AWL No. 28-AWL-23, Reserve Tank Transfer Piping Assembly--
Bonding Jumper Installation, as specified in Boeing 707/720
Airworthiness Limitations (AWLs), D6-7552-AWL, dated October 2016.
The initial compliance time for accomplishment of the actions
specified by AWL No. 28-AWL-23 is specified in paragraph (g)(5)(i)
or (g)(5)(ii) of this AD, as applicable.
    (i) For airplanes that have been previously inspected as
specified in 28-AWL-23 as of the effective date of this AD: Conduct
the inspection within 72 months after the most recent inspection.
    (ii) For airplanes that have not been inspected as specified in
28-AWL-23 as of the effective date of this AD: Conduct the
inspection within 12 months after the effective date of this AD.

(h) Additional Acceptable Wire Types and Sleeving

    As an option, when accomplishing the actions required by
paragraph (g) of this AD, the changes specified in paragraphs (h)(1)
and (h)(2) of this AD are acceptable.
    (1) Where AWL No. 28-AWL-03 identifies wire types BMS 13-48, BMS
13-58, and BMS 13-60, the following wire types are acceptable: MIL-
W-22759/16, SAE AS22759/16 (M22759/16), MIL-W-22759/32, SAE AS22759/
32 (M22759/32), MIL-W-22759/34, SAE AS22759/34 (M22759/34), MIL-W-
22759/41, SAE AS22759/41 (M22759/41), MIL-W-22759/86, SAE AS22759/86
(M22759/86), MIL-W-22759/87, SAE AS22759/87 (M22759/87), MIL-W-
22759/92 and SAE AS22759/92 (M22759/92); and MIL-C-27500 and NEMA WC
27500 cables constructed from these military or SAE specification
wire types identified above.
    (2) Where AWL No. 28-AWL-03 identifies TFE-2X Standard wall for
wire sleeving, the following sleeving materials are acceptable:
Roundit 2000NX and Varglas Type HO, HP, or HM.

(i) No Alternative Actions and Intervals

    Except as provided in paragraph (h) of this AD, after the
maintenance or inspection program has been revised as required by
paragraph (g) of this AD, no alternative actions (e.g., inspections)
or intervals may be used unless the actions or intervals are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (k) of this AD.

(j) Terminating Action for Other ADs

    (1) Accomplishment of the actions required by paragraph (g) of
this AD terminates all requirements of AD 2008-04-11 R1.

    (2) Accomplishment of the actions required by paragraph (g) of
this AD terminates the requirements of paragraph (h) of AD 2013-24-
07.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 local Flight Standards
District 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 (l) 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 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, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, 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.

(l) Related Information

    For more information about this AD, contact Samuel Lee,
Aerospace Engineer, Propulsion Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5262; fax:<PHONE_NUMBER>; email: [email protected].

(m) 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 707/720 Airworthiness Limitations (AWLs), D6-7552-
AWL, dated October 2016. (Subsection A.2 of this document includes
pages 33 and 34, which are not identified in the Table of Contents.)
    (ii) Reserved.
    (3) 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: https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (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 Des Moines, Washington, on September 10, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-20631 Filed 9-26-18; 8:45 am]
 BILLING CODE 4910-13-P