[Federal Register: May 17, 2010 (Volume 75, Number 94)]
[Rules and Regulations]
[Page 27401-27403]
[DOCID:fr17my10-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0685; Directorate Identifier 2009-NM-113-AD;
Amendment 39-16299; AD 2010-10-20]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Corporation Model DC-
9-30, DC-9-40, and DC-9-50 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Model DC-9-30, DC-9-40, and DC-9-50 series airplanes. This AD requires
inspecting to determine the part numbers of the forward and aft
auxiliary tank fuel boost and transfer pump conduit/conduit assembly
and conduit assembly electrical connector, as applicable, and
corrective actions if necessary. This AD results from fuel system
reviews conducted by the manufacturer. We are issuing this AD to detect
and correct the potential for an arc/spark condition to occur within
the fuel boost or transfer pump conduit assembly connectors and
propagate into the forward and aft auxiliary fuel tanks, which could
result in a fire or explosion.

DATES: This AD is effective June 21, 2010.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of June 21,
2010.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.

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 (telephone<PHONE_NUMBER>) is the 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: William Bond, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Model DC-9-30, DC-9-40, and DC-9-50 series airplanes. That NPRM
was published in the Federal Register on August 12, 2009 (74 FR 40525).
That NPRM proposed to require inspecting to determine the part numbers
of the forward and aft auxiliary tank fuel boost and transfer pump
conduit/conduit

assembly and conduit assembly electrical connector, as applicable, and
corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received from the commenter.
Northwest Airlines (NWA) concurs with the intent of the NPRM.

Request To Delay Issuance of the Final Rule Until the Revised Service
Bulletin Is Issued, Reviewed, and Commented On by Operators

    NWA states that operators should have the opportunity to review and
comment on the revised service bulletin prior to any final rule
decision. NWA explains that there are omissions regarding airplane
effectivity and part number discrepancies in Boeing Service Bulletin
DC9-28-227, dated April 23, 2009. NWA notes that Boeing was notified of
these issues, and that Boeing concurs with the effectivity problems and
noted the differences in the associated wiring diagrams and drawings
that affect the part numbers. NWA asserts that Boeing has acknowledged
that Boeing Service Bulletin DC9-28-227, dated April 23, 2009, needs to
be revised.
    NWA believes that certain airplanes were delivered with a 780
gallon forward fuselage supplemental tank but without a 780 gallon aft
fuselage supplemental tank, and that these airplanes may not be
addressed as a group in Boeing Service Bulletin DC9-28-227, dated April
23, 2009.
    NWA also believes that certain airplanes identified as Group 1 in
Boeing Service Bulletin DC9-28-227, dated April 23, 2009, have the same
conduit assembly part number as other airplanes. NWA believes that
these airplanes cannot use the same conduit assembly because conduit
assemblies have specified wire numbers as per certain drawings.
    From these statements, we infer that NWA requests that we delay
issuing the AD until Boeing Service Bulletin DC9-28-227, dated April
23, 2009, is revised and released. We do not agree to delay issuing the
final rule until a revised service bulletin is reviewed and commented
on by operators. The airplanes that NWA believes were delivered with a
780 gallon forward fuselage supplemental tank but without a 780 gallon
aft supplemental fuselage tank, and that may not be addressed as a
group in Boeing Service Bulletin DC9-28-227, dated April 23, 2009, are
not included in the effectivity of that service bulletin because they
already had the acceptable conduit assembly installed prior to the time
of delivery. Also, Boeing Service Bulletin DC9-28-227, dated April 23,
2009, reflects the correct conduit part numbers installed prior to the
time of airplane delivery; therefore, the content in Boeing Service
Bulletin DC9-28-227, dated April 23, 2009, is correct. We have
confirmed with Boeing that Boeing Service Bulletin DC9-28-227, dated
April 23, 2009, does not need to be revised regarding these issues. We
have not changed the AD in this regard.
    If a new revision to the service information is published, under
the provisions of paragraph (h) of the final rule, we will consider
requests for alternative methods of compliance (AMOCs) if sufficient
data are submitted to substantiate that the change would provide an
acceptable level of safety. We have not changed the AD in this regard.

Request for a Clarification Statement Acknowledging Post-Production
Removal of Auxiliary Fuel Tank(s)

    NWA states that the final rule should include a clarification
statement for paragraph (g) of the NPRM that acknowledges post-
production removal of an auxiliary fuel tank, which releases the
operator from those requirements of Boeing Service Bulletin DC9-28-227,
dated April 23, 2009, that are no longer applicable. NWA explains that
Boeing Service Bulletin DC9-28-227, dated April 23, 2009, does not
address the issue of a removed auxiliary fuel tank and that the
equipment effectivity list quantifies airplane groups at the time of
production and does not address post-production modifications to the
airplane. NWA acknowledges that an auxiliary fuel tank, which was
installed at the time of production, may have been removed by operators
for a variety of reasons. NWA asserts that the removal of the auxiliary
fuel tank and thereby the fuel boost or transfer pump conduit assembly
connectors removes the unsafe condition specified in paragraph (e) of
the NPRM, although the language specified in paragraph (g) of the NPRM
will still require operators to request an AMOC for removed auxiliary
fuel tanks.
    We agree. If the auxiliary fuel tank(s) has been removed, thereby
removing the fuel boost or transfer fuel pump conduit assembly
connectors, the unsafe condition is removed as well. We have revised
paragraph (g) of the final rule to account for auxiliary fuel tank(s)
that have been removed.

Explanation of Change Made to This AD

    We have revised this AD to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.

Conclusion

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

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used
in the Costs of Compliance from $80 per work-hour to $85 per work-hour.
The Costs of Compliance information, below, reflects this increase in
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD affects 137 airplanes of U.S. registry. We
also estimate that it takes up to 8 work-hours per product to comply
with this AD. The average labor rate is $85 per work-hour. Based on
these figures, we estimate the cost of this AD to the U.S. operators to
be $93,160, or $680 per product.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a

substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979), and
    (3) 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.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 AD:

2010-10-20 McDonnell Douglas Corporation: Amendment 39-16299. Docket
No. FAA-2009-0685; Directorate Identifier 2009-NM-113-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective June 21,
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Corporation Model DC-9-
31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, DC-9-34, DC-9-34F,
and DC-9-32F (C-9A, C-9B), DC-9-41, and DC-9-51 airplanes,
certificated in any category; as identified in Boeing Service
Bulletin DC9-28-227, dated April 23, 2009.

Subject

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

Unsafe Condition

    (e) This AD results from fuel system reviews conducted by the
manufacturer. The Federal Aviation Administration is issuing this AD
to detect and correct the potential for an arc/spark condition to
occur within the fuel boost or transfer pump conduit assembly
connectors and propagate into the forward and aft auxiliary fuel
tanks, which could result in a fire or explosion.

Compliance

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

Inspection

    (g) Within 60 months after the effective date of this AD,
inspect to determine the part numbers of the forward and aft
auxiliary fuel tank boost and transfer pumps conduit assembly and
conduit assembly electrical connector, as applicable, and do
applicable corrective actions, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin DC9-28-227, dated April 23,
2009. Do the applicable corrective actions before further flight. If
the auxiliary fuel tank(s) has been removed, thereby removing the
fuel boost or transfer fuel pump conduit assembly connectors, the
corrective action specified in the Accomplishment Instructions of
Boeing Service Bulletin DC9-28-227, dated April 23, 2009, is not
required. If the removed auxiliary fuel tank(s) are re-installed,
the requirements of paragraph (g) of this AD must be done before
further flight.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Los Angeles 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. Send
information to ATTN: William Bond, Aerospace Engineer, Propulsion
Branch, ANM-140L, FAA, Los Angeles ACO, 3960 Paramount Boulevard,
Lakewood, California 90712-4137; telephone<PHONE_NUMBER>; fax (562)
627-5210.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (i) You must use Boeing Service Bulletin DC9-28-227, dated April
23, 2009, to do the actions required by this AD, unless the AD
specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the 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>.
    (4) You may also review copies of the 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/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on May 3, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-11185 Filed 5-14-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 22, 2009 (Volume 74, Number 203)]
[Notices]
[Page 54623]
[DOCID:fr22oc09-113]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0160]

Notice of Cancellation of Public Hearing to Determine Whether
Transportation Collaborative, Inc. (TCI) Has Met Notification and
Remedy Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of hearing cancellation.

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SUMMARY: NHTSA is issuing this notice to cancel a public hearing
scheduled for October 23, 2009, at 10 a.m. This public hearing was
originally announced in a notice published in the Federal Register, 74
FR 48624, on September 23, 2009.

SUPPLEMENTARY INFORMATION: NHTSA is cancelling the October 23, 2009
public hearing to gather information on whether Transportation
Collaborative, Inc. of Warwick, New York, (``TCI'') had reasonably met
its obligations under the National Traffic and Motor Vehicle Safety
Act, as amended, to notify owners, purchasers, and dealers and/or
remedy failures to comply with federal motor vehicle safety standards
(FMVSS) or defects related to motor vehicle safety in fifteen (15)
recalls involving vehicles built by U.S. Bus, Inc. of Suffern, New York
(``U.S. Bus''). TCI has agreed to undertake all actions necessary to
carry out the fifteen (15) recalls.

FOR FURTHER INFORMATION CONTACT: Zachary Dunlap, Office of Chief
Counsel, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC 20590;<PHONE_NUMBER>.

    Authority:  49 U.S.C. 30118(e), 30120(e); 49 CFR 557.7;
delegations of authority at 49 CFR 1.50(a), 49 CFR 501.4(a)(3), and
49 CFR 501.8.

    Issued: October 19, 2009.
Claude Harris,
Director, Office of Vehicle Safety and Compliance.
[FR Doc. E9-25464 Filed 10-21-09; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 84, Number 250 (Tuesday, December 31, 2019)]
[Notices]
[Pages 72352-72353]
[FR Doc No: 2019-28259]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL20-14-000]

Notice of Petition for Declaratory Order; Xcel Energy Services
Inc.

    Take notice that on December 20, 2019, pursuant to Rule 207(a)(2)
of the

Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, 18 CFR 385.207 (2019), Xcel Energy Services Inc., on
behalf of Public Service Company of Colorado (PSCo or Petitioner),
filed a petition for a declaratory order requesting that the Commission
declare: (1) Holy Cross Electric Association, Inc.'s (Holy Cross)
demand for firm curtailment service for the Economy Energy resources is
inconsistent with the Power Supply Agreement (PSA); (2) Holy Cross'
demand for firm curtailment service is inconsistent with the Operating
Agreement; (3) Holy Cross' demand for firm curtailment service is
inconsistent with the Transmission Integration and Equalization (TIE)
Agreement; and (4) PSCo is not obligated to process Holy Cross'
requests for firm service under the TIE Agreement, as more fully
explained in the petition.
    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 Petitioners.
    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 website 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 January 21, 2020.

    Dated: December 23, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-28259 Filed 12-30-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 7, 2007 (Volume 72, Number 44)]
[Notices]
[Page 10287-10288]
[DOCID:fr07mr07-179]

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SECURITIES AND EXCHANGE COMMISSION

Release No. 34-55371; File No. SR-Phlx-2007-06]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Port Fees as Modified by Amendment No. 1

February 28, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 26, 2007, the Philadelphia Stock Exchange, Inc. (``Phlx'' or
``Exchange'') 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 substantially prepared by the
Phlx. On February 28, 2007, the Exchange submitted Amendment No. 1 to
the proposed rule change. The Exchange has designated this proposal as
one establishing or changing a due, fee or other charge imposed by the
Exchange under Section 19(b)(3)(A),\3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, 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).
    \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 Phlx proposes to implement a fee for connecting into the
Exchange's system to enter quotes (``SQF \5\ port fee''). The SQF port
fee would operate as follows: for the first 5 active SQF ports,\6\ a
member organization would be charged $250 per port per month and, for
each additional active SQF port (over the first 5 active SQF ports),
the member organization would be charged $1,000 per port per month.
Additionally, the same member organization would be credited $0.02 per
side for every option contract executed on the Phlx in that same month
(excluding executions resulting from dividend, merger and short stock
interest strategies) \7\ up to the amount of the SQF port fees when the
member organization or one of its employees is designated as a
specialist, streaming quote trader (``SQT'') or remote streaming quote
trader (``RSQT'') and the transaction is billed according to the
specialist or Registered Option Trader (``ROT'') transaction and/or
comparison rates.\8\ The SQF port fee and corresponding credit would be
applied per member organization.
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    \5\ SQF stands for specialized quote feed and is a proprietary
quoting system that allows specialists, streaming quote traders and
remote streaming quote traders to connect and send quotes into Phlx
XL, by-passing the Exchange's Auto-Quote System. See Exchange Rule
1080, commentary .01(b).
    \6\ Active ports refer to ports that receive inbound quotes at
any time within that month.
    \7\ See e.g., Securities Exchange Act Release No. 54424
(September 11, 2006), 71 FR 54699 (September 18, 2006) (SR-Phlx-
2006-55).
    \8\ SQTs and RSQTs are assessed fees pursuant to the ROT rates
as SQTs and RSQTs are deemed to be ROTs. See Exchange Rule
1014(b)(ii)(A) and (B).
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    The SQF port fee (assessed monthly) became effective February 1,
2007 and the corresponding $0.02 credit (assessed per side per executed
contract) became effective for trades settling on or after February 1,
2007.
    The text of the proposed rule change is available at http://www.Phlx.com
, at the Phlx, 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 Phlx 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 Phlx 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 purpose of the SQF port fee and corresponding credit is to
encourage more efficient quoting, which should, in turn, promote a more
efficient use of SQF ports. The Exchange believes that using fewer
ports should assist in addressing the current and growing quoting and
efficiency issues. The number of ports correlates to quoting
efficiency, in that more efficient quoting uses fewer ports and fewer
ports means the Exchange's systems are being used to process the same
number of quotes more quickly. The credit should also encourage member
organizations to send more business to the Exchange. More efficient
quoting should, in turn, result in more executions on the Phlx, for
which the member organization will receive a credit up to the amount of
any SQF port fees that are incurred.
2. Statutory Basis
    The Exchange believes that its proposal to amend its schedule of
fees is consistent with Section 6(b) of the Act \9\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \10\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    A written comment was received requesting that the Exchange grant
an extension regarding the implementation date for the port fee.\11\
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    \11\ In an email dated January 17, 2007, a member requested that
the date of implementation for the port fee be delayed. In August
2006, the Exchange distributed a memorandum, which notified members/
member organizations of the Exchange's intention to adopt an SQF
port fee in order to provide such members/member organizations with
the opportunity to change their port arrangements before the SQF
port fee took effect. Originally, the Exchange anticipated that the
port fee would become effective on November 1, 2006. The Exchange,
however, delayed the implementation date until February 1, 2007 to
allow members/member organizations additional time to change their
port arrangements. The Exchange believes that sufficient notice was
given to members/member organizations regarding the proposed port
fee, which includes the August 2006 memorandum and a delay in the
implementation date from November 1, 2006 until February 1, 2007.
Therefore, the Exchange believes that a further delay in the
implementation date as requested was not warranted.
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III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section

19(b)(3)(A)(ii) of the Act \12\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\13\ since it establishes or changes a due, fee or other
charge imposed by the Exchange.
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    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate 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 the furtherance of the purposes of the Act.\14\
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    \14\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change, the
Commission considers the period to commence on February 28, 2007,
the date on which the Exchange filed Amendment No. 1.
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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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Phlx-2007-06 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2007-06. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Room. Copies of the filing
also will be available for inspection and copying at the principal
office of the Phlx. 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-Phlx-2007-06 and should be submitted on or before March 27, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E7-3916 Filed 3-6-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: August 11, 2008 (Volume 73, Number 155)]
[Notices]
[Page 46637]
[DOCID:fr11au08-90]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1766-DR]

Indiana; Amendment No. 15 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Indiana (FEMA-1766-DR), dated June 8, 2008, and
related determinations.

DATES: Effective Date: July 29, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that pursuant to the
President's June 30, 2008, amended declaration authorizing Federal
funds for emergency protective measures, including direct Federal
assistance, at 90 percent Federal funding of total eligible costs under
the Public Assistance program, the National Oceanic and Atmospheric
Administration's National Weather Service River Forecast Center has
established that the rivers in the State of Indiana, which have
experienced historical flooding, fell below flood stage on June 23,
2008.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidential Declared Disaster Areas; 97.049, Presidential Declared
Disaster Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidential Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-18432 Filed 8-8-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Proposed Rules]
[Pages 37562-37565]
[FR Doc No: 2015-16258]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0332]
RIN 1625-AA00

Safety zone; Allegheny River Between Mile 0.0 and 1.4;
Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone on the Allegheny River mile 0.0 to mile 1.4 from 5:45 a.m. to 8:45
a.m. on August 8, 2015 and August 9, 2015. This safety zone is needed
to protect persons participating in the Pittsburgh Triathlon. Entry
into this zone will be prohibited to all vessels, mariners, and persons
unless specifically authorized by the Captain of the Port (COTP),
Pittsburgh or a designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before July 16, 2015.

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 MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh
Waterways Management Division, U.S. Coast Guard; telephone (412) 221-
0807, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Cheryl F. 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
SAR Search and Rescue

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-2015-0332] 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-2015-0332) 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 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

    The Coast Guard has a long history working with local, state, and
federal agencies in areas to improve emergency response, to prepare for
events that call for swift action, and to protect our nation. The Coast
Guard is proposing to establish this safety zone on the waters of the
Allegheny River for the Pittsburgh Triathlon. The marine event is
scheduled to take place from 5:45 a.m. to 8:45 a.m. on August 8, 2015
and August 9, 2015. This proposed rule is necessary to protect the
safety of the participants, spectators, commercial traffic, and the
general public on the navigable waters of the United States during the
event.

C. Basis and Purpose

    The legal basis and authorities for this proposed 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; Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define safety zones. The purpose of this proposed safety zone is to
protect the participants of the Pittsburgh Triathlon during the swim
portion of the event from the hazards of other vessels in the water.

D. Discussion of Proposed Rule

    This proposed rule is necessary to establish a safety zone that
will encompass all waters of the Allegheny River in Pittsburgh,
Pennsylvania. The proposed safety zone regulations would be enforced
from approximately 5:45 a.m. to 8:45 a.m. for approximately 3 hours on
August 8, 2015 and August 9, 2015. As proposed, the safety zone would
be a complete closure on the Allegheny River from mile 0.0 to mile 1.4
from 5:45 a.m. to 8:45 a.m. on August 8, 2015 and August 9, 2015. All
persons and vessels, except those persons and vessels participating in
the triathlon and those vessels enforcing the areas, would be
prohibited from entering, transiting through, anchoring in, or
remaining within the proposed safety zone area.
    Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the enforcement areas by
contacting the Captain of the Port Pittsburgh by telephone at (412)
221-0807, or a designated representative via VHF radio on channel 16.
If authorization to enter, transit through, anchor in, or remain within
the enforcement areas is granted by the Captain of the Port Pittsburgh
or a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Pittsburgh or a designated representative.

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 temporary safety
zone listed in this proposed rule will restrict vessel traffic from
entering, transiting, or anchoring within a portion of the Allegheny
River. The effect of this proposed regulation will not be significant
for several reasons: (1) The amount of time the Allegheny River will be
closed (2) the impacts on routine navigation are expected to be minimal
because notifications to the marine community will be made through
local notice to mariners (LNM) and broadcast notice to mariners (BNM).
Therefore, these notifications will allow the public to plan operations
around the proposed safety zone and its enforcement times.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. 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 proposed rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit the Allegheny River from mile 0.0 to mile 1.4
effective from 5:45 a.m. to 8:45

a.m. on August 8, 2015 and August 9, 2015. This proposed safety zone
will not have a significant economic impact on a substantial number of
small entities because this proposed rule will impede navigational
traffic for a short period of time. Traffic in this area is almost
entirely limited to recreational vessels and commercial towing vessels.
Notifications to the marine community will be made through BNMs and
electronic mail. Notices of changes to the proposed safety zone and
scheduled effective times and enforcement periods will also be made.
Deviation from the proposed restrictions may be requested from the COTP
or designated representative and will be considered on a case-by-case
basis.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rulemaking 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 proposed 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 rulemaking 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 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 establishing a temporary safety zone. The safety zone will be
on the Allegheny River mile 0.0 to mile 1.4 from 5:45 a.m. to 8:45 a.m.
on August 8, 2015 and August 9, 2015. This action is necessary to
protect persons and property during the Pittsburgh Triathlon. 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 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 proposes
to amend 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. A new temporary Sec.  165.T08-0332 is added to subpart F, under the

undesignated center heading Eighth Coast Guard District, to read as
follows:

Sec.  165.T08-0332  Safety Zone; Allegheny River between mile 0.0 and
1.4; Pittsburgh, PA.

    (a) Locations. The following area is a temporary safety zone: All
waters on the Allegheny River mile 0.0 to mile 1.4.
    (b) Effective date and time. The safety zone listed in section (a)
is effective from 5:45 a.m. to 8:45 a.m. on August 8, 2015 and August
9, 2015.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this area is prohibited unless
authorized by the Captain of the Port (COTP) Pittsburgh or a designated
representative.
    (2) Spectator vessels may safely transit outside the safety zones
at a minimum safe speed, but may not anchor, block, loiter, or impede
participants or official patrol vessels.
    (3) Vessels requiring entry into or passage through the safety
zones must request permission from the COTP Pittsburgh or a designated
representative. They may be contacted by telephone at<PHONE_NUMBER>.
    (4) All vessels shall comply with the instructions of the COTP
Pittsburgh and designated personnel. Designated personnel include
commissioned, warrant, and petty officers of the U.S. Coast Guard.
    (d) Informational Broadcasts: The Captain of the Port, Pittsburgh
or a designated representative will inform the public through broadcast
notices to mariners (BNM) of the effective period for the safety zone
and of any changes in the effective period, enforcement times, or size
of the safety zones.

    Dated: June 10, 2015.
L. N. Weaver,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2015-16258 Filed 6-30-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Proposed Rules]
[Pages 19514-19516]
[FR Doc No: 2016-07578]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5041; Directorate Identifier 2015-NM-102-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 747-8 and 747-8F series airplanes.
This proposed AD was prompted by a report that static strength analysis
has shown that the aluminum transmission aft bearing plate assemblies
have inadequate structural strength for one or more of the required
load cases, including cases for drive system jam, flap skew, and
structural damage tolerance. Inadequate structural strength can result
in damage to the transmission aft bearing plate assemblies. This
proposed AD would require removing aluminum transmission aft bearing
plate assemblies from the flap track and installing titanium
transmission aft bearing plate assemblies to the flap track. We are
proposing this AD to prevent inadequate structural strength of
transmission aft bearing plate assemblies. This condition could result
in damaged transmission aft bearing plate assemblies, which could
result in incorrect operation and departure of the flap from the
airplane and consequent loss of controllability of the airplane.

DATES: We must receive comments on this proposed AD by May 20, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-5041.

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-2016-

5041; 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 proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Bill Ashforth, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6432; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2016-5041;
Directorate Identifier 2015-NM-102-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received a report that static strength analysis has shown
that the aluminum transmission aft bearing plate assemblies have
inadequate structural strength for one or more of the required load
cases, including cases for drive system jam, flap skew, and structural
damage tolerance. These types of load cases can cause a flap
transmission torque brake to engage, which will then cause additional
loading on the transmission aft bearing plate assemblies common to that
flap. This could cause damage to the transmission aft bearing plate
assemblies. This condition, if not corrected, could result in
transmission aft bearing plate assemblies working incorrectly or
departure of the flap from the airplane, which could result in loss of
controllability of the airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 747-57A2348, dated June
12, 2015. The service information describes procedures for removing the
aluminum transmission aft bearing plate assembly from the flap track
and installing a new titanium transmission aft bearing plate assembly
to the flap track. 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.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 11 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replacement...........................  114 work-hours x $85 per         $48,682         $58,372        $642,092
                                         hour = $9,690.
----------------------------------------------------------------------------------------------------------------

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

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2016-5041; Directorate Identifier
2015-NM-102-AD.

(a) Comments Due Date

    We must receive comments by May 20, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-8 and 747-8F
series airplanes, certified in any category, as identified in Boeing
Alert Service Bulletin 747-57A2348, dated June 12, 2015.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report that static strength analysis
has shown that the aluminum transmission aft bearing plate
assemblies have inadequate structural strength for one or more of
the required load cases, including cases for drive system jam, flap
skew, and structural damage tolerance. Inadequate structural
strength can result in damage to the transmission aft bearing plate
assemblies. We are issuing this AD to prevent inadequate structural
strength of transmission aft bearing plate assemblies. This
condition could result in damaged transmission aft bearing plate
assemblies, which could result in incorrect operation and departure
of the flap from the airplane and consequent loss of controllability
of the airplane.

(f) Compliance

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

(g) Replacement

    Within 48 months after the effective date of this AD: Remove
aluminum transmission aft bearing plate assemblies from the flap
track and install new titanium transmission aft bearing plate
assemblies to the flap track, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-57A2348, dated
June 12, 2015.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (i)(1) 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, 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, Seattle ACO, 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.
    (4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(h)(4)(i) and (h)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(i) Related Information

    (1) For more information about this AD, contact Bill Ashforth,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on March 24, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-07578 Filed 4-4-16; 8:45 am]
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[Federal Register: May 3, 2007 (Volume 72, Number 85)]
[Notices]
[Page 24578]
[DOCID:fr03my07-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER07-738-000]

Duke Energy Carolinas, LLC; Notice of Filing

April 25, 2007.
    Take notice that on April 9, 2007, Duke Energy Carolinas, LLC filed
a notice informing the Federal Energy Regulatory Commission
(Commission) that it adopts the revised Transmission Loading Relief
(TRL), approved by the North American Electric Reliability Council, and
that its Open Access Transmission Tariff, FERC Electric Tariff, Fourth
Revised Volume No. 4, should be deemed to be modified to incorporate
TRL procedures contained in Version 3 of the Reliability Standards,
pursuant to the Commission's March 3, 2007 Order.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive 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 April 30, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-8407 Filed 5-2-07; 8:45 am]

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[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Notices]
[Pages 50107-50109]
[FR Doc No: 2018-21596]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-1021]

Notice to Public of Website Location of Center for Devices and
Radiological Health Fiscal Year 2019 Proposed Guidance Development

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) is
announcing the website location where the Agency will post two lists of
guidance documents that the Center for Devices and Radiological Health
(CDRH or the Center) intends to publish in fiscal year (FY) 2019. In
addition, FDA has established a docket where interested persons may
comment on the priority of topics for guidance, provide comments and/or
propose draft language for those topics, suggest topics for new or
different guidance documents, comment on the applicability of guidance
documents that have issued previously, and provide any other comments
that could benefit the CDRH guidance program and its engagement with
stakeholders. This feedback is critical to the CDRH guidance program to
ensure that we meet stakeholder needs.

DATES: Submit either electronic or written comments by December 3,
2018.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before December 3, 2018. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of December 3, 2018. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2012-N-1021 for ``Notice to Public of website Location of CDRH
Fiscal Year 2019 Proposed Guidance Development.'' Received comments,
those filed in a timely manner (see ADDRESSES), will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be

made publicly available, submit your comments only as a written/paper
submission. You should submit two copies total. One copy will include
the information you claim to be confidential with a heading or cover
note that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.''
The Agency will review this copy, including the claimed confidential
information, in its consideration of comments. The second copy, which
will have the claimed confidential information redacted/blacked out,
will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management
Staff. If you do not wish your name and contact information to be made
publicly available, you can provide this information on the cover sheet
and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Erica Takai, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5456, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    During negotiations on the Medical Device User Fee Amendments of
2012, Title II, Food and Drug Administration Safety and Innovation Act
(Pub. L. 112-144), FDA agreed to meet a variety of quantitative and
qualitative goals intended to help get safe and effective medical
devices to market more quickly. Among these commitments included:
     Annually posting a list of priority medical device
guidance documents that the Agency intends to publish within 12 months
of the date this list is published each fiscal year (the ``A-list''),
and
     Annually posting a list of device guidance documents that
the Agency intends to publish, as the Agency's guidance-development
resources permit each fiscal year (the ``B-list'').
    The Medical Device User Fee Amendments of 2017 (MDUFA IV), FDA
Reauthorization Act of 2017 (Pub. L. 115-52) maintained these
commitments.
    FDA welcomes comments on any or all of the guidance documents on
the lists as explained in 21 CFR 10.115(f)(5). FDA has established
Docket No. FDA-2012-N-1021 where comments on the FY 2019 lists, draft
language for guidance documents on those topics, suggestions for new or
different guidances, and relative priority of guidance documents may be
submitted and shared with the public (see ADDRESSES). FDA believes this
docket is a valuable tool for receiving information from interested
persons. FDA anticipates that feedback from interested persons will
allow CDRH to better prioritize and more efficiently draft guidances to
meet the needs of the Agency and our stakeholders.
    In addition to posting the lists of prioritized device guidance
documents, FDA has committed to updating its website in a timely manner
to reflect the Agency's review of previously published guidance
documents, including the withdrawal of guidance documents that no
longer represent the Agency's interpretation of or policy on a
regulatory issue.
    Fulfillment of these commitments will be reflected through the
issuance of updated guidance on existing topics, withdrawal of
guidances that no longer reflect FDA's current thinking on a particular
topic, and annual updates to the A-list and B-list announced in this
notice.

II. CDRH Guidance Development Initiatives

A. Finalization of Draft Guidance Documents

    CDRH has identified as a priority, and has devoted resources to,
finalization of draft guidance documents. To assure the timely
completion or reissuance of draft guidances, in FY 2015 CDRH committed
to performance goals for current and future draft guidance documents.
For draft guidance documents issued after October 1, 2014, CDRH
committed to finalize, withdraw, reopen the comment period, or issue
new draft guidance on the topic for 80 percent of the documents within
3 years of the close of the comment period and for the remaining 20
percent, within 5 years. As part of MDUFA IV commitments, FDA
reaffirmed this commitment, as resources permit. In addition, in FY
2018, CDRH withdrew two draft guidances and reopened the comment period
for two draft guidances of six draft guidances issued prior to October
1, 2012, and has been continuing to work towards taking an action on
the remaining draft guidances. Looking forward, in FY 2019, CDRH will
strive to finalize, withdraw, or reopen the comment period for 50
percent of existing draft guidances issued prior to October 1, 2013.

B. Applicability of Previously Issued Final Guidance

    CDRH has issued over 450 final guidance documents to provide
stakeholders with the Agency's thinking on numerous topics. Each
guidance reflected the Agency's current position at the time that it
was issued. However, the guidance program has issued these guidances
over a period of 30 years, raising the question of how current
previously issued final guidances remain. CDRH has resolved to address
this concern through a staged review of previously issued final
guidances in collaboration with stakeholders. At the website where CDRH
has posted the ``A-list'' and ``B-list'' for FY 2019, CDRH has also
posted a list of final guidance documents that issued in 2009, 1999,
1989, and 1979.\1\ CDRH is interested in external feedback on whether
any of these final guidances should be revised or withdrawn. In
addition, for guidances that are recommended for revision, information
explaining the need for revision, such as the impact and risk to public
health associated with not revising the guidance, would also be helpful
as the Center considers potential action with respect to these
guidances. CDRH intends to provide these lists of previously issued
final guidances annually through FY 2025 so that by 2025, FDA and
stakeholders will have assessed the applicability of all guidances
older than 10 years. For instance, in the annual notice for FY 2020,
CDRH expects to provide a list of the final guidance documents that
issued in 2010, 2000, 1990, and 1980; the annual notice for FY 2021 is
expected to provide a list of the final guidance documents that issued
in 2011, 2001, 1991, and 1981, and so on. CDRH will consider the
comments received from this retrospective review when determining
priorities for updating guidance documents and will revise these as
resources permit.
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    \1\ The retrospective list of final guidances does not include
special controls documents.
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    In FY 2018, CDRH received comments regarding guidances issued in
2008,

1998, and 1988, and has withdrawn fourteen guidance documents in
response to comments received and because these guidance documents were
determined to no longer represent the Agency's current thinking. One
guidance has been revised and issued as a draft guidance, and the
revision of several guidance documents is also being considered as
resources permit.
    Consistent with the Good Guidance Practices regulation at 21 CFR
10.115(f)(4), CDRH would appreciate suggestions that CDRH revise or
withdraw an already existing guidance document. We request that the
suggestion clearly explain why the guidance document should be revised
or withdrawn and, if applicable, how it should be revised. While we are
requesting feedback on the list of previously issued final guidances
located in the annual agenda website, feedback on any guidance is
appreciated and will be considered.

III. Website Location of Guidance Lists

    This notice announces the website location of the document that
provides the A and B lists of guidance documents, which CDRH is
intending to publish during FY 2019. To access these two lists, visit
FDA's website at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/ucm529396.htm. We note
that the topics on this and past guidance priority lists may be removed
or modified based on current priorities, as well as comments received
regarding these lists. Furthermore, FDA and CDRH priorities are subject
to change at any time (e.g., newly identified safety issues). The
Agency is not required to publish every guidance on either list if the
resources needed would be to the detriment of meeting quantitative
review timelines and statutory obligations. In addition, the Agency is
not precluded from issuing guidance documents that are not on either
list.
    Stakeholder feedback on guidance priorities is important to ensure
that the CDRH guidance program meets the needs of stakeholders. The
feedback received on the FY 2018 list was mostly in agreement, and CDRH
continued to work toward issuing the guidances on this list. In FY
2018, CDRH issued sixteen of twenty guidances on the FY 2018 list
(fourteen from the A-list, two from the B-list).

    Dated: September 28, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-21596 Filed 10-3-18; 8:45 am]
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