[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Rules and Regulations]
[Pages 50577-50579]
[FR Doc No: 2015-20610]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0716]
RIN 1625-AA00

Safety Zone; Whiskey Island Paddleboard Festival and Race; Lake
Erie, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Erie, Cleveland Harbor, Cleveland, OH. This safety zone is
intended to restrict vessels from a portion of Lake Erie during the
Whiskey Island Paddleboard Festival and Race. This temporary safety
zone is necessary to protect mariners and race participants from the
navigational hazards associated with a paddleboard race.

DATES: This rule is effective from 6:45 a.m. until 12:15 p.m. on August
22, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0716]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call LT Stephanie Pitts, Chief of Waterways Management, U.S. Coast
Guard Marine Safety Unit Cleveland; telephone<PHONE_NUMBER>. If you have
questions on viewing the docket, call Ms. Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER> or 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
final details for this event were not known to the Coast Guard until
there was insufficient time remaining before the event to publish an
NPRM. Thus, delaying the effective date of this rule to wait for a
comment period to run would be both impracticable because it would
inhibit the Coast Guard's ability to protect spectators and vessels
from the hazards associated with a paddle sport regatta.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
    Between 6:45 a.m. and 12:15 p.m. on August 22, 2015, a paddleboard
race will be held on the shoreline of Lake Erie, Cleveland Harbor in
Cleveland, OH, in the vicinity of Whiskey Island. It is anticipated
that to 100 paddle boarders and safety vessels will participate in the
event. The Captain of the Port Buffalo has determined that such an
event proximate to a gathering of watercraft pose a significant risk to
public safety and property. Such hazards include hazardous navigation
situations with less maneuverable watercraft and people falling into
the water.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port
Buffalo has determined that this temporary safety zone is necessary to
ensure the safety of participants and safety vessels during the Whiskey
Island Paddleboard Festival and Race. This zone will be enforced from
6:45 a.m. until 12:15 p.m. on August 22, 2015. This zone will encompass
all waters of Lake Erie; Cleveland Harbor, Cleveland, OH within the
following positions: 41[deg]29'59.5'' N and 081[deg]42'59.3'' W, then
East to 41[deg]30'4.4'' N and 081[deg]42' 44.5'' W, then North to
41[deg]30'17.3'' N and 081[deg]43'0.6'' W, then Southwest to
41[deg]30'9.4'' N and 081[deg]43'2.0'' W, then East to 41[deg]29'54.9''
N and 081[deg]43'34.4'' W, then Southeast returning to the point of
origin (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This 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.
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced for a relatively short time. Also, the
safety zone is designed to minimize its impact on navigable waters.
Furthermore, the safety zone has been designed to allow vessels to
transit around it. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in a portion of Cleveland Harbor on the morning of
August 22, 2015.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be effective, and thus subject to enforcement, for
only five and a half hours early in the morning. Traffic may be allowed
to pass through the zone with the permission of the Captain of the
Port. The Captain of the Port can be reached via VHF channel 16. Before
the enforcement of the zone, we would issue local Broadcast Notice to
Mariners.

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 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
section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This 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 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will 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 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

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and

does not create an environmental risk to health or risk to safety that
may disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 action 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this 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 determined
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 rule involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
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
rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0716 to read as follows:

Sec.  165.T09-0716  Safety Zone; Whiskey Island Paddleboard Festival
and Race; Lake Erie, Cleveland, OH.

    (a) Location. This zone will encompass all waters of Lake Erie;
Cleveland Harbor, Cleveland, OH within the following positions:
41[deg]29'59.5'' N and 081[deg]42'59.3'' W, then East to
41[deg]30'4.4'' N and 081[deg]42'44.5'' W, then North to
41[deg]30'17.3'' N and 081[deg]43'0.6'' W, then Southwest to
41[deg]30'9.4'' N and 081[deg]43'2.0'' W, then East to 41[deg]29'54.9''
N and 081[deg]43'34.4'' W, then Southeast returning to the point of
origin (NAD 83).
    (b) Enforcement Period. This regulation will be enforced on August
22, 2015 from 6:45 a.m. until 12:15 p.m.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.

    Dated: August 7, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-20610 Filed 8-19-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Notices]
[Page 54573]
[FR Doc No: 2016-19468]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL16-105-000]

The Goodyear Tire & Rubber Company v. Entergy Texas, Inc.; Notice
of Complaint

    Take notice that on August 9, 2016, pursuant to sections 206 and
306 of the Federal Power Act, 16 U.S.C. 824e and 825e (2012) and Rule
206 of the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.206, The Goodyear Tire & Rubber
Company (Goodyear or Complainant) filed a formal complaint against
Entergy Texas, Inc., (ETI or Respondent) alleging that the Respondent's
proposed termination of the Agreement for Purchased Power between
Goodyear and ETI (PPA) is contrary to ETI's obligation to purchase
energy and capacity from Goodyear pursuant to section 292.303 of
Commission's regulations implementing the Public Utility Regulatory
Policies Act, and the Commission's January 21, 2016 Order, granting in
part, ETI's application to terminate its mandatory purchase
obligation,\1\ as more fully explained in the complaint.
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    \1\ Entergy Services, Inc., et al., 154 FERC ] 61,035 (2016)
(``January 21 Order''). The application was filed by Entergy
Services, Inc. on behalf of ETI and other subsidiaries; this
complaint refers to the application as being filed by ETI.
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    Complainant certifies that copies of the complaint were served on
the contacts for Respondent as listed on the Commission's list of
Corporate Officials, as well as through individuals who send and
receive notices under the PPA.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on August 25, 2016.

    Dated: August 10, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-19468 Filed 8-15-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Notices]
[Pages 5588-5590]
[FR Doc No: 2012-2393]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66273; File No. SR-BATS-2012-003]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.

January 30, 2012.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 24, 2012 BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes [sic] amend the fee schedule applicable to
Members \5\ and non-members of the Exchange pursuant to BATS Rules
15.1(a) and (c). Changes to the fee schedule pursuant to this proposal
will be effective upon filing.
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    \5\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
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    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, 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 parts of such
statements.

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

1. Purpose
    The Exchange recently proposed and received approval of rules
governing auctions conducted on the Exchange for securities listed on
the Exchange (``Exchange Auctions'').\6\ Specifically, the Exchange
adopted rules for conducting an opening auction on the Exchange
(``Opening Auction''), a closing auction on the Exchange (``Closing
Auction''), an auction in the event of an initial public offering
(``IPO'') or a halt of trading in the security (``IPO Auction'' or
``Halt Auction,'' respectively). In preparation for commencement of its
listings business, and in turn, the commencement of Exchange Auctions,
the Exchange proposes pricing for executions that occur in Exchange
Auctions, as set forth below.
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    \6\ See Securities Exchange Act Release No. 65619 (October 25,
2011), 76 FR 67238 (October 31, 2011) (SR-BATS-2011-032).
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    The Exchange proposes to charge fees of $0.0005 per share that
executes in an Opening Auction, IPO Auction or Halt Auction and $0.0010
per share that executes in a Closing Auction. These rates are
equivalent to the fees assessed by the NASDAQ Stock Market LLC
(``NASDAQ'') for executions that occur in crosses on NASDAQ.\7\
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    \7\ See NASDAQ Rule 7018(d)-(f).
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    Also similar to NASDAQ, the Exchange proposes to exempt certain
executions from fees, specifically any executions in an Exchange
Auction of any Continuous Book,\8\ Late-Limit-On-Open (``LLOO'') \9\ or
Late-Limit-On-Close (``LLOC'') \10\ orders as defined in BZX Exchange
Rule 11.23(a). Accordingly, excluding LLOOs and LLOCs, the Exchange
will assess fees of either $0.0005 per share or $0.0010 per share
(depending on the applicable Exchange Auction) for all ``Eligible
Auction Orders,'' which term includes Market-On-Open,\11\ Limit-On-
Open,\12\ Market-On-Close,\13\ Limit-On-Close,\14\ any Regular Hours
Only \15\ order prior to the Opening Auction, and any limit or market
order not designated to exclusively participate in the Opening Auction
or Closing Auction entered during the Quote-Only Period \16\ of an IPO
Auction or Halt Auction.
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    \8\ A ``Continuous Book Order'' is defined in Rule 11.23(a) as
all orders on the Exchange's order book that are not Eligible
Auction Orders.
    \9\ The term ``Late-Limit-On-Open'' or ``LLOO'' is defined in
Rule 11.23(a) as a ``BATS limit order that is designated for
execution only in the Opening Auction.'' Users may only submit LLOO
orders between 9:28 a.m. and 9:30 a.m. Eastern Time. A ``User'' is
defined in Rule 1.5(cc) as any Member or sponsored participant with
access to the Exchange.
    \10\ The term ``Late-Limit-On-Close'' or ``LLOC'' is defined in
Rule 11.23(a) as a ``BATS limit order that is designated for
execution only in the Closing Auction.'' Users may only submit LLOC
orders between 3:55 p.m. and 4 p.m. Eastern Time.
    \11\ A ``Market-On-Open'' order is defined in Rule 11.23(a) as a
``BATS market order that is designated for execution only in the
Opening Auction.''
    \12\ A ``Limit-On-Open'' order is defined in Rule 11.23(a) as a
``BATS limit order that is designated for execution only in the
Opening Auction.''
    \13\ A ``Market-On-Close'' order is defined in Rule 11.23(a) as
a ``BATS market order that is designated for execution only in the
Closing Auction.''
    \14\ A ``Limit-On-Close'' order is defined in Rule 11.23(a) as a
``BATS limit order that is designated for execution only in the
Closing Auction.''
    \15\ A ``Regular Hours Only'' order is defined in Rule 11.23(a)
as a ``BATS order that is designated for execution only during
Regular Trading Hours, which includes the Opening Auction, the
Closing Auction, and IPO/Halt Auctions.'' ``Regular Trading Hours''
is defined in Rule 1.5(w) as ``the time between 9:30 a.m. and 4 p.m.
Eastern Time.''
    \16\ The ``Quote Only Period'' is defined in Rule 11.23(a) as
``a designated period of time prior to a Halt Auction or an IPO
during which Users may submit orders to the Exchange for
participation in the auction.''
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\17\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\18\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive.
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    \17\ 15 U.S.C. 78f.
    \18\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the proposed fees for executions of
Eligible Auction Orders that occur in Exchange Auctions (other than
LLOOs and LLOCs) are reasonable in that they are equivalent to the fees
charged by at least one of the Exchange's competitors, as described
above. The Exchange also believes that the proposed fees are fair and
equitable and not unreasonably discriminatory in that they apply
equally to all Exchange participants. The Exchange believes that
excluding Continuous Book orders from fee liability in Exchange
Auctions is reasonable because such orders, if already posted to the
Exchange's order book, would be eligible for rebates provided by the
Exchange, and would not be assessed fees. Accordingly, while the
Exchange does not propose to provide a rebate for any execution that
occurs in an Exchange Auction, the Exchange believes it is reasonable
to provide executions of Continuous Book orders free of charge.
Similarly, the Exchange believes that excluding LLOOs and LLOCs from
fee liability in Exchange Auctions is reasonable because such orders
are late arriving orders that are likely to improve the execution
quality received by other orders submitted to the Auction. Accordingly,
the Exchange believes that the proposal is not unfairly discriminatory
because it is consistent with the overall goals of enhancing market
quality. As is true for the fees to be assessed on executions that
occur in Exchange Auctions, the exclusion of fees for Continuous Book
orders, LLOOs and LLOCs is fair and equitable and not unreasonably
discriminatory because this fee treatment is equally available to all
Exchange Users.
    The Exchange notes that NASDAQ also excludes its equivalent of
Continuous Book orders from fee liability in the NASDAQ opening and
closing crosses.\19\ While the Exchange does not have a direct
equivalent to the NASDAQ ``imbalance only'' order, which are also
executed free of charge by NASDAQ in the NASDAQ opening and closing
crosses,\20\ the Exchange's LLOOs and LLOCs are analogous in some ways
in that LLOOs and LLOCs are late arriving limit orders that are likely
to provide additional liquidity against which Eligible Auction Orders
will be able to execute.
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    \19\ See NASDAQ Rule 7018(d) and (e).
    \20\ Id.

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

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

    No written comments were solicited or received.

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

    Pursuant to Section 19(b)(3)(A)(ii) of the Act \21\ and Rule 19b-
4(f)(2) thereunder,\22\ the Exchange has designated this proposal as
establishing or changing a due, fee, or other charge applicable to the
Exchange's Members and non-members, which renders the proposed rule
change effective upon filing.
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    \21\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \22\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2012-003 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2012-003. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing will also 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-BATS-2012-003 and should be
submitted on or before February 24, 2012.
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-2393 Filed 2-2-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 3, 2005 (Volume 70, Number 190)]
[Notices]
[Page 57584]
[DOCID:fr03oc05-78]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL04-90-002]

Reliant Energy Services, Inc.; Notice of Filing

September 27, 2005.
    Take notice that on September 15, 2005, Reliant Energy Services,
Inc., Reliant Energy Power Generation, LLC and Reliant Energy Wholesale
Generation, LLC (Reliant), Nevada Power Company, submitted a petition
for expedited approval of a settlement agreement pursuant to Rule
207(a)(5) of the Commission's Rules of Practice and Procedure.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. eastern time on October 5, 2005.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-5395 Filed 9-30-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: January 23, 2009 (Volume 74, Number 14)]
[Notices]
[Page 4213-4214]
[DOCID:fr23ja09-77]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

Agency Information Collection Activities: Proposed Collection;
Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; 60-day notice and request for comments; Revision of a
currently approved collection, OMB Number 1660-0073, FEMA Form 089-10,
FEMA Form 089-11, FEMA Form 089-12, FEMA Form 089-13, FEMA Form 089-14,
FEMA Form 089-15.

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

SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on a revised information collection. In accordance with the
Paperwork Reduction Act of 1995, this notice seeks comments concerning
the National Urban Search and Rescue (US&R) Cooperative Agreement
program.

SUPPLEMENTARY INFORMATION: Section 303 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C.
5144, authorizes the President of the United States to form emergency
Support teams of Federal personnel to be deployed in an area affected
by a major disaster or emergency. Section 403(a)(3)(B) of the Stafford
Act provides that the President may authorize Federal agencies to
perform work on public or private lands essential to save lives and
protect property, including search and rescue and emergency medical
care, and other essential needs. FEMA established the National Urban
Search and Rescue Response System (US&R) under these authorities. The
information collection activity authorized under 44 CFR part 208 is the
collection of program and administrative information from US&R
Sponsoring Organizations relating to preparedness and response
Cooperative Agreement awards.

Collection of Information

    Title: National Urban Search and Rescue Grant Program.
    Type of Information Collection: Revision of a currently approved
collection.
    OMB Number: 1660-0073.
    Form Numbers: FEMA Form 089-10, Narrative Statement, FEMA Form 089-
11, Performance Reports, FEMA Form 089-12, Extensions/Budget Changes,
FEMA Form 089-13, Memorandum of Agreement Revisions, FEMA Form 089-14,
Self Evaluations, FEMA Form 089-15, Task Force Deployment Data.
    Abstract: The information collection activity is the collection of
financial, program and administrative information for US&R Sponsoring
Organizations relating to preparedness and response Cooperative
Agreement awards. This information includes a narrative statement that
FEMA uses to evaluate a grantee's proposed use of funds, progress
reports to monitor overall progress on managing FEMA grant program,
extension or change requests used to consider changing or extending the
time or the performance period of the preparedness or response
cooperative agreement, evaluation and information to assess and ensure
operational readiness and a memorandum of agreement between DHS/FEMA
and the Sponsoring Organizations of US&R task forces.
    Affected Public: State, Local or Tribal Government, Not-for-profit
institutions.
    Estimated Total Annual Burden Hours: 476 hours.

                                                 Table A.12: Estimated Annualized Burden Hours and Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Number of      Avg. burden    Total annual                    Total annual
        Type of respondent             Form name/form        Number of     responses per   per response     burden (in      Avg. hourly     respondent
                                           number           respondents     respondent      (in hours)        hours)       wage rate ($)     cost ($)
--------------------------------------------------------------------------------------------------------------------------------------------------------
State, Local or Tribal Government   Narrative Statement/              28               1               4             112           32.67           3,659
 (US&R Task Forces).                 FEMA Form 10.
State, Local or Tribal Government   Performance Reports/              28               2               2             112           32.67           3,659
 (US&R Task Forces).                 FEMA Form 11.
State, Local or Tribal Government   Extensions/Budget                 28               2               1              56           32.67           1,830
 (US&R Task Forces).                 Changes/FEMA Form
                                     12.
State, Local or Tribal Government   Memorandum of                     28               1               4             112           32.67           3,659
 (US&R Task Forces).                 Agreement Revisions/
                                     FEMA Form 13.
State, Local or Tribal Government   Self Evaluations/                 28               1               2              56           32.67           1,830
 (US&R Task Forces).                 FEMA Form 14.
State, Local or Tribal Government   Task Force                        28               1               1              28           32.67             915
 (US&R Task Forces).                 Deployment Data/
                                     FEMA Form 15.
                                                         -----------------------------------------------------------------------------------------------
    Total.........................  ....................              28  ..............  ..............             476  ..............          15,552
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Cost: The estimated annualized cost to respondents based
on wage rate categories is $15,552. The estimated annual cost to the
Federal Government is $171,000.
    Comments: Written comments are solicited to (a) Evaluate whether
the proposed data collection is necessary for

the proper performance of the agency, including whether the information
shall have practical utility; (b) evaluate the accuracy of the agency's
estimate of the burden of the proposed collection of information,
including the validity of the methodology and assumptions used; (c)
enhance the quality, utility, and clarity of the information to be
collected; and (d) minimize the burden of the collection of information
on those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses. Comments must be submitted on or
before March 24, 2009.

ADDRESSES: Interested persons should submit written comments to Office
of Management, Records Management Division, Federal Emergency
Management Agency, 500 C Street, SW., Washington, DC 20472, Mail Drop
Room 301.

FOR FURTHER INFORMATION CONTACT: Contact Wanda Casey, Chief, Program
Management Section, National Urban Search and Rescue Program, (202)
646-4013 for additional information. You may contact the Records
Management Branch for copies of the proposed collection of information
at facsimile number<PHONE_NUMBER> or e-mail address: FEMA-Information-
<EMAIL_ADDRESS>
Samuel C. Smith,
Acting Director, Records Management Division, Office of Management,
Federal Emergency Management Agency, Department of Homeland Security.
[FR Doc. E9-1284 Filed 1-22-09; 8:45 am]

BILLING CODE 9110-69-P


December 5, 2021

Governor Ned Lamont
State Capitol
210 Capitol Avenue
Hartford, CT 06106

Re: 	State Program Approval for Underground Storage Tank Program

Dear Governor Lamont:

I seek your signature on the attached cover letter that will accompany the Department of Energy and Environmental Protection's ("DEEP") formal request to the U.S. Environmental Protection Agency ("EPA") for state program approval of its Underground Storage Tank ("UST") program.  DEEP currently administers the UST program under an approval from EPA.  Changes to federal statutes and regulations have required DEEP to make corresponding changes to its regulations to ensure consistency with federal law and demonstrate that the state's requirements are no less stringent than the federal requirements.  DEEP successfully adopted the required regulation changes effective November 30, 2021.  These regulations were fully vetted by the Office of Policy and Management and Governor's legal office prior to entering the public adoption process.   In addition, DEEP has received a signed concurrence from Attorney General Tong confirming DEEP's authority to administer and enforce the UST program under state law.  This formal program approval is needed to ensure DEEP continues to receive federal grant funds required to administer and enforce the UST program as well as provide EPA with authority to provide enforcement assistance as state-approved programs can be enforced by federal regulators.

The package to be submitted to EPA includes the following required documents: (1) Letter from Governor; (2) Signed Attorney General Statement / Certification (Comparison of EPA/State Requirements); (3) UST/LUST Program Description; (4) EPA/State Memorandum of Agreement signed by the DEEP Commissioner; (5) Demonstration of Procedures for Adequate Enforcement; (6) Internet hyperlink to the DEEP's UST regulations, as amended; and  (7) the DEEP's Emergency Response and Spill Prevention Division's organization chart. Your signature on the attached cover letter is the last remaining step before DEEP may formally submit its approval request to EPA by year's end.

Should you or anyone from your staff require further information on this matter, they can contact Staff Attorney Kenneth Collette of DEEP's legal office at<EMAIL_ADDRESS>or<PHONE_NUMBER>.  Thank you for your attention to this matter.

Sincerely,

Katie Dykes
Commissioner


[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Rules and Regulations]
[Pages 21236-21239]
[FR Doc No: 2013-03903]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0809; Directorate Identifier 2011-NM-135-AD;
Amendment 39-17361; AD 2013-04-04]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain The Boeing Company Model 757 airplanes equipped with Rolls-
Royce RB211-535E engines. That AD currently requires repetitive
inspections for signs of damage of the aft hinge fittings and
attachment bolts of the thrust reversers, and related investigative and
corrective actions if necessary. The existing AD also provides for an
optional terminating modification for the repetitive inspections. For
certain airplanes, this new AD adds a one-time inspection of the
washers installed under the attachment bolts of the aft hinge fittings
for correct installation sequence, and reinstallation if necessary.
This new AD also adds an option for installing a redesigned aft hinge
fitting with the trim already done, instead of trimming an existing or
new hinge fitting, which is included in the existing optional
terminating modification. This AD was prompted by reports of
incorrectly installed washers under the attachment bolts of the aft
hinge fittings of the thrust reversers. We are issuing this AD to
prevent failure of the attachment bolts and consequent separation of a
thrust reverser from the airplane during flight, which could result in
structural damage to the airplane.

DATES: This AD is effective May 15, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 15, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of August
6, 2008 (73 FR 37786, July 2, 2008).

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-
6440; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2008-13-20, Amendment 39-15583 (73 FR 37786,
July 2, 2008). That AD applies to the specified products. The NPRM
published in the Federal Register August 16, 2012 (77 FR 49396). That
NPRM proposed to continue to require repetitive inspections for signs
of damage of the aft hinge fittings and attachment bolts of the thrust
reversers, and related investigative and corrective actions if
necessary. That NPRM also proposed to continue to provide for an
optional terminating modification for the repetitive inspections. For
certain airplanes, that NPRM proposed to add a one-time inspection of
the washers installed under the attachment bolts of the aft hinge
fittings for correct installation sequence, and reinstallation if
necessary. That NPRM also proposed to add an option for installing a
redesigned aft hinge fitting with the trim already done, instead of
trimming an existing or new hinge fitting, which is included in the
existing optional terminating modification.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 49396, August 16, 2012) and the FAA's response to each comment.

Support for the NPRM (77 FR 49396, August 16, 2012)

    Boeing concurred with the content of the NPRM (77 FR 49396, August
16, 2012).
    FedEx Express stated that it is accomplishing the actions specified
in the NPRM (77 FR 49396, August 16, 2012), and determined that its
regular maintenance check schedule is not adversely affected by the
specified actions.

Request To Address Effects of NPRM (77 FR 49396, August 16, 2012) on
Winglets

    Aviation Partners Boeing (APB) stated that it has reviewed the NPRM
(77 FR 49396, August 16, 2012), and Boeing Special Attention Service
Bulletin 757-54-0049, Revision 1, dated September 23, 2009, and
Revision 2, dated July 27, 2011; and Boeing Special Attention Service
Bulletin 757-54-0050, Revision 1, dated October 7, 2009, and Revision
2, dated July 27, 2011; and has determined that the installation of
winglets, per Supplemental Type Certificate (STC) ST01518SE, ``does not
affect them.''
    We infer that APB means the installation of these winglets does not
affect accomplishing the NPRM (77 FR 49396, August 16, 2012). We agree
with the commenter and have determined that this AD should clarify the
procedures to address these APB winglets. We have added a new paragraph
(c)(2) to this AD to state that the installation of STC ST01518SE
(http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/48E13CDFBBC32CF4862576A4005D308B?OpenDocument&Highlight=st01518se) does
not affect the ability to accomplish the actions required by this AD.
For airplanes on which STC ST01518SE is installed, a ``change in
product'' alternative method of compliance (AMOC) approval request is
not necessary to comply with the requirements of section 39.17 of the

Federal Aviation Regulations (14 CFR 39.17). For all other AMOC
requests, the operator must request approval according to paragraph (n)
of this AD.

Request To Withdraw the NPRM (77 FR 49396, August 16, 2012)

    American Airlines (AAL) stated that the existing FAA AD 2008-13-20,
Amendment 39-15583 (73 FR 37786, July 2, 2008), is sufficient to
correct the unsafe condition identified in the NPRM (77 FR 49396,
August 16, 2012). AAL noted that if an operator deviated from the
fastener stack-up in Figures 11 and 12 of Boeing Special Attention
Service Bulletin 757-54-0049, dated July 16, 2007, it should be dealt
with on a case-by-case basis, and not by issuing an industry-wide
requirement.
    Although AAL did not make a specific request, we infer that it
wants the NPRM (77 FR 49396, August 16, 2012) withdrawn. We agree that
operators with airplanes on which the subject modification has been
done must accomplish a one-time inspection and corrective action
because the washers may have been installed backwards. However, we do
not agree that improper installation of the washers using the
procedures in Boeing Special Attention Service Bulletin 757-54-0049,
dated July 16, 2007, should be dealt with on a case-by-case basis.
    Improper installation would recreate the unsafe condition, which
must be addressed by doing the actions required by this AD. In
addition, although the correct part number for the incorrect washer
name of ``plain washer'' is identified in Boeing Special Attention
Service Bulletin 757-54-0049, dated July 16, 2007, information for
substituting other ``plain washers'' is also provided by referring to
the additional guidance specified in the Boeing 757 Structural Repair
Manual. Therefore, we are issuing this AD without further delay, in
order to eliminate the identified unsafe condition of incorrectly
installed washers under the attachment bolts of the aft hinge fittings
of the thrust reversers.

Request To Accomplish Certain Steps in the Service Information Out of
Sequence

    AAL asked that it be allowed to accomplish certain steps in the
referenced service information out of sequence. AAL stated that Boeing
Special Attention Service Bulletin 757-54-0049, Revision 2, dated July
27, 2011, removed Note 1 from the Work Instructions, and Note 1 allowed
operators to change the sequence of steps for the specified procedures.
AAL noted that if it is not allowed to accomplish certain steps out of
sequence, it will be prevented from accomplishing the actions in that
service bulletin in a timely manner. AAL added that the inspection and
modification instructions are straightforward and are fundamental
maintenance procedures.
    We agree that certain steps in the Work Instructions of Boeing
Special Attention Service Bulletin 757-54-0049, Revision 2, dated July
27, 2011, could be accomplished out of sequence; however, certain other
steps cannot. We suggest that AAL provide supporting data to Boeing to
substantiate that the service information can be revised to permit
accomplishing those steps out of sequence when appropriate. AAL may
also submit a request for approval of an alternative method of
compliance (AMOC), as specified in paragraph (n) of this AD, to use for
accomplishing those steps out of sequence. We have not changed the AD
in this regard.

Request To Revise Certain Instructions in the NPRM (77 FR 49396, August
16, 2012)

    AAL asked that only the work steps critical to correcting the
unsafe condition be mandated by the AD. AAL stated that ``open and
close'' are part of typical maintenance that is fundamental to a
qualified maintenance facility; therefore, the instructions on how an
operator gets to the steps should not be mandated but left to the
operator's discretion as the best method to use to address the existing
unsafe condition.
    We agree that certain steps in the Work Instructions of Boeing
Special Attention Service Bulletin 757-54-0049, Revision 2, dated July
27, 2011, may not need to be mandated; however, AAL did not provide
supporting data of which steps in particular. We infer that AAL is
asking to exclude the instructions mandated for access and close.
Therefore, we have changed paragraph (g) of this AD to specify
accomplishing Part II of the service information. We have also changed
paragraph (l) of this AD to specify accomplishing Part IV of the
service information for the inspection, and Part III of the service
information for the preventive modification. These changes exclude
Parts I and V of the service information which contain the instructions
for access and close.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously. We also determined that
this change will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 389 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained inspections in AD         2 work-hours x $85               $0  $170 per inspection  $66,130 per
 2008[dash]13[dash]20, Amendment    per hour = $170                      cycle.               inspection cycle.
 39[dash]15583 (73 FR 37786, July   per inspection
 2, 2008).                          cycle.
Retained optional modification in  61 work-hours x $85          $5,276  $10,461............  Up to $4,069,329.
 AD 2008[dash]13[dash]20,           per hour = $5,185.
 Amendment 39[dash]15583 (73 FR
 37786, July 2, 2008), and new
 optional actions.
New inspection...................  6 work-hours x $85               $0  $510...............  Up to $198,390.
                                    per hour = $510.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that 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 removing airworthiness directive (AD)
2008-13-20, Amendment 39-15583 (73 FR 37786, July 2, 2008), and adding
the following new AD:

2013-04-04 The Boeing Company: Amendment 39-17361; Docket No. FAA-
2012-0809; Directorate Identifier 2011-NM-135-AD.

(a) Effective Date

    This AD is effective May 15, 2013.

(b) Affected ADs

    This AD supersedes AD 2008-13-20, Amendment 39-15583 (73 FR
37786, July 2, 2008).

(c) Applicability

    (1) This AD applies to The Boeing Company Model 757-200, -200CB,
-200PF, and -300 series airplanes; certificated in any category;
equipped with Rolls-Royce RB211-535E engines.
    (2) Installation of Supplemental Type Certificate (STC)
ST01518SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/48E13CDFBBC32CF4862576A4005D308B?OpenDocument&Highlight=st01518se)
does not affect the ability to accomplish the actions required by
this AD. For airplanes on which STC ST01518SE is installed, a
``change in product'' alternative method of compliance (AMOC)
approval request is not necessary to comply with the requirements of
14 CFR 39.17.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 54, Nacelles/Pylons.

(e) Unsafe Condition

    This AD results from reports of incorrectly installed washers
under the attachment bolts of the aft hinge fittings of the thrust
reversers. We are issuing this AD to prevent failure of the
attachment bolts and consequent separation of a thrust reverser from
the airplane during flight, which could result in structural damage
to the airplane.

(f) Compliance

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

(g) Retained Repetitive Inspections/Investigative and Corrective
Actions

    This paragraph restates the requirements of paragraph (f) of AD
2008-13-20, Amendment 39-15583 (73 FR 37786, July 2, 2008), with
revised service information. At the time specified in paragraph 1.E.
``Compliance,'' of Boeing Special Attention Service Bulletin 757-54-
0049 or 757-54-0050, both dated July 16, 2007, as applicable; except
as provided by paragraph (h) of this AD: Do a detailed inspection
for signs of damage of the aft hinge fittings and attachment bolts
of the thrust reversers by doing all the actions, including all
applicable related investigative and corrective actions, as
specified in Part II of the Accomplishment Instructions of the
applicable service bulletin specified in paragraph (g)(1), (g)(2),
or (g)(3); or paragraph (g)(4), (g)(5), or (g)(6) of this AD; as
applicable. Do all applicable related investigative and corrective
actions at the time specified in paragraph 1.E., ``Compliance,'' of
the applicable service bulletin identified in paragraph (g)(1) or
(g)(4) of this AD. As of the effective date of this AD, only the
service bulletin specified in paragraph (g)(3) or (g)(6) of this AD,
as applicable, may be used to accomplish the actions required by
this paragraph. If any damage is found and the service bulletin
identified in paragraph (g)(1), (g)(2), (g)(3), (g)(4), (g)(5), or
(g)(6) of this AD specifies to contact Boeing for appropriate
action: Before further flight, repair using a method approved in
accordance with the procedures specified in paragraph (n) of this
AD.
    (1) Boeing Special Attention Service Bulletin 757-54-0049, dated
July 16, 2007.
    (2) Boeing Special Attention Service Bulletin 757-54-0049,
Revision 1, dated September 23, 2009.
    (3) Boeing Special Attention Service Bulletin 757-54-0049,
Revision 2, dated July 27, 2011.
    (4) Boeing Service Bulletin 757-54-0050, dated July 16, 2007.
    (5) Boeing Special Attention Service Bulletin 757-54-0050,
Revision 1, dated October 7, 2009.
    (6) Boeing Special Attention Service Bulletin 757-54-0050,
Revision 2, dated July 27, 2011.

(h) Retained Exception to Service Information

    This paragraph restates the requirements of paragraph (g) of AD
2008-13-20, Amendment 39-15583 (73 FR 37786, July 2, 2008). Where
Boeing Special Attention Service Bulletin 757-54-0049 or Boeing
Service Bulletin 757-54-0050, both dated July 16, 2007; as
applicable; specifies compliance times relative to the date on the
service bulletin, this AD requires compliance within the specified
compliance time after August 6, 2008 (the effective date of AD 2008-
13-20).

(i) Retained Optional Terminating Modification

    This paragraph restates the actions specified in paragraph (h)
of AD 2008-13-20, Amendment 39-15583 (73 FR 37786, July 2, 2008).
Accomplishing the preventive modification identified in the service
bulletin specified in paragraph (g)(1), (g)(2), or (g)(3); or
paragraph (g)(4), (g)(5), or (g)(6) of this AD; as applicable;
terminates the repetitive inspections required by paragraph (g) of
this AD.

(j) Retained Concurrent Actions

    This paragraph restates the requirements of paragraph (i) of AD
2008-13-20, Amendment 39-15583 (73 FR 37786, July 2, 2008). Prior

to or concurrently with accomplishing the actions identified in the
service bulletin specified in paragraph (g)(1), (g)(2), or (g)(3) of
this AD, as applicable, accomplish the replacement specified in
Boeing Special Attention Service Bulletin 757-54-0015, Revision 3,
dated September 19, 1996.

(k) Retained Credit for Previous Actions

    This paragraph restates the provisions of paragraph (j) of AD
2008-13-20, Amendment 39-15583 (73 FR 37786, July 2, 2008). This
paragraph provides credit for the actions required by paragraph (j)
of this AD, if those actions were performed before August 6, 2008
(the effective date AD 2008-13-20), using Boeing Service Bulletin
757-54-0015, dated February 16, 1989; Revision 1, dated December 20,
1990; or Revision 2, dated April 21, 1994 (which are not
incorporated by reference in this AD).

(l) New Requirements of This AD: Inspection of Washer Stack up
Sequence/Corrective Action

    For Group 1, Configuration 2 airplanes identified in Boeing
Special Attention Service Bulletins 757-54-0049 and 757-54-0050,
Revision 2, both dated July 27, 2011: Within 3,000 flight cycles
after the effective date of this AD, do a detailed inspection of the
washers installed under the attachment bolts of the aft hinge
fittings for correct installation sequence, in accordance with Part
IV of the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 757-54-0049 or 757-54-0050, both Revision 2, both
dated July 27, 2011, as applicable. If an incorrect installation
sequence is found, before further flight, remove and reinstall the
washer stack up correctly, in accordance with Part III of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 757-54-0049 or 757-54-0050, Revision 2, both dated July 27,
2011, as applicable.

(m) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (l) of this AD, if those actions were performed before the
effective date of this AD using Boeing Special Attention Service
Bulletin 757-54-0049, Revision 1, dated September 23, 2009; or
Boeing Special Attention Service Bulletin 757-54-0050, Revision 1,
dated October 7, 2009; as applicable.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously in accordance with AD 2008-13-20,
Amendment 39-15583 (73 FR 37786, July 2, 2008), are approved as
AMOCs for the corresponding provisions of this AD.

(o) Related Information

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

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved on May 15,
2013.
    (i) Boeing Special Attention Service Bulletin 757-54-0049,
Revision 2, dated July 27, 2011.
    (ii) Boeing Special Attention Service Bulletin 757-54-0049,
Revision 1, dated September 23, 2009.
    (iii) Boeing Special Attention Service Bulletin 757-54-0050,
Revision 2, dated July 27, 2011.
    (iv) Boeing Special Attention Service Bulletin 757-54-0050,
Revision 1, dated October 7, 2009.
    (4) The following service information was approved for IBR on
August 6, 2008 (73 FR 37786, July 2, 2008).
    (i) Boeing Service Bulletin 757-54-0050, dated July 16, 2007.
    (ii) Boeing Special Attention Service Bulletin 757-54-0015,
Revision 3, dated September 19, 1996.
    (iii) Boeing Special Attention Service Bulletin 757-54-0049,
dated July 16, 2007.
    (5) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1, fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (6) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 8, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-03903 Filed 4-9-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Notices]
[Pages 63116-63118]
[FR Doc No: 2023-19886]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0002; Internal Agency Docket No. FEMA-B-2369]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP).

DATES: Comments are to be submitted on or before December 13, 2023.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2369, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and

Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472,
(202) 646-7659, or (email) [email protected]; or visit the
FEMA Mapping and Insurance eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://hazards.fema.gov/femaportal/prelimdownload and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Nicholas A. Shufro,
Deputy Assistant Administrator for Risk Management, Federal Emergency
Management Agency, Department of Homeland Security.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
           Merrimack County, New Hampshire (All Jurisdictions)
         Project: 15-01-0632S Preliminary Date: October 12, 2022
------------------------------------------------------------------------
City of Concord........................  Engineering Department, 41
                                          Green Street, Concord, NH
                                          03301.
City of Franklin.......................  City Hall, 316 Central Street,
                                          Franklin, NH 03235.
Town of Allenstown.....................  Assessing Department, 16 School
                                          Street, Allenstown, NH 03275.
Town of Boscawen.......................  Town Office, 116 North Main
                                          Street, Boscawen, NH 03303.
Town of Bow............................  Town Hall, 10 Grandview Road,
                                          Bow, NH 03304.
Town of Canterbury.....................  Sam Lake House, 10 Hackleboro
                                          Road, Canterbury, NH 03224.
Town of Chichester.....................  Town Hall, 54 Main Street,
                                          Chichester, NH 03258.
Town of Dunbarton......................  Town Hall, 1011 School Street,
                                          Dunbarton, NH 03046.
Town of Epsom..........................  Town Office, 27 Black Hall
                                          Road, Epsom, NH 03234.
Town of Hooksett.......................  Municipal Building, 16 Main
                                          Street, Hooksett, NH 03106.
Town of Hopkinton......................  Town Office, 330 Main Street,
                                          Hopkinton, NH 03229.
Town of Loudon.........................  Town Office, 55 South Village
                                          Road, Loudon, NH 03307.
Town of Northfield.....................  Town Office, 21 Summer Street,
                                          Northfield, NH 03276.
Town of Pembroke.......................  Town Office, 311 Pembroke
                                          Street, Pembroke, NH 03275.
Town of Pittsfield.....................  Town Office, 85 Main Street,
                                          Pittsfield, NH 03263.
Town of Salisbury......................  Academy Hall, 9 Old Coach Road,
                                          Salisbury, NH 03268.
------------------------------------------------------------------------
               Warren County, Ohio and Incorporated Areas
 Project: 14-05-4456S Preliminary Dates: February 03, 2021 and March 31,
                          2023 and May 19, 2023
------------------------------------------------------------------------
City of Carlisle.......................  Town Hall, 760 Central Avenue,
                                          Carlisle, OH 45005.
City of Franklin.......................  City Administration Building, 1
                                          Benjamin Franklin Way,
                                          Franklin, OH 45005.
City of Mason..........................  Mason Municipal Center, 6000
                                          Mason-Montgomery Road, Mason,
                                          OH 45040.
City of South Lebanon..................  Municipal Building, 10 North
                                          High Street, South Lebanon, OH
                                          45065.
City of Springboro.....................  Municipal Building, 320 West
                                          Central Avenue, Springboro, OH
                                          45066.
Unincorporated Areas of Warren County..  Warren County Administration
                                          Building, 406 Justice Drive,
                                          Room 167, Lebanon, OH 45036.
------------------------------------------------------------------------
              Fluvanna County, Virginia (All Jurisdictions)
        Project: 20-03-0031S Preliminary Date: November 30, 2022
------------------------------------------------------------------------
Unincorporated Areas of Fluvanna County  Fluvanna County Administrative
                                          Building, Planning Department,
                                          132 Main Street, Palymyra, VA
                                          22963.
------------------------------------------------------------------------

[FR Doc. 2023-19886 Filed 9-13-23; 8:45 am]
BILLING CODE 9110-12-P