[Federal Register: September 28, 2009 (Volume 74, Number 186)]
[Proposed Rules]
[Page 49351-49354]
[DOCID:fr28se09-19]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0794; Directorate Identifier 2009-NM-035-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 747-100, 747-100B, 747-
100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D,
747-400F, 747SR, and 747SP Series Airplanes

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 all
Boeing Model 747 airplanes. This proposed AD would require a general
visual inspection to identify any existing repairs of the upper main
sill outer chord of the left and right side main entry door number 1,
as applicable; repetitive detailed inspections for cracks in the upper
main sill of the door(s); and related investigative and corrective
actions, if necessary. This proposed AD would also require repetitive
inspections for airplanes on which a certain repair is done, and
corrective actions if necessary. This proposed AD results from reports
of cracks in the main entry door number 1 upper main sill outer chord,
along the bend radius of the chord on several airplanes. We are
proposing this AD to detect and correct such cracks, which could result
in loss of structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by November 12,
2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.

     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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>; e-mail<EMAIL_ADDRESS>
Internet https:[sol][sol]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> or
425-227-1152.

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

FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe
Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0794;
Directorate Identifier 2009-NM-035-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 reports in the main entry door number 1 upper main
sill outer chord, along the bend radius of the chord on several
airplanes. The cracks have been attributed to fatigue. This condition,
if not detected and corrected, could result in loss of structural
integrity of the airplane.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 747-53A2785, dated
February 12, 2009. The service bulletin describes procedures for a
general visual inspection to identify any existing structural repair
manual (SRM) repairs of the upper main sill outer chord of the left and
right side main entry door number 1, as applicable, repetitive detailed
inspections to detect cracks in the upper main sill of the door(s), and
related investigative and corrective actions, if necessary.
    The related investigative action is to remove any existing SRM
outer chord repair found and do a detailed inspection for cracks of the
upper main sill and corrective actions, if necessary.
    The corrective actions include:
     For airplanes on which any crack is found in the upper
main sill outer chord, install an outer chord repair in accordance with
Boeing drawing 691U0145;
     For airplanes on which any existing SRM outer chord repair
is removed, install a new repair in accordance with Boeing drawing
691U0145;
     For airplanes on which any crack is found in the frame
attachment angles or clips of the upper main sill, replace the cracked
angle or clip with a new part; and
     For airplanes on which any crack is found in the upper
main sill web, contact Boeing for repair instructions.
    The service bulletin also describes procedures for repetitive
after-repair inspections of any upper main sill(s) that has been
repaired in accordance with Boeing drawing 691U0145. For airplanes on
which any crack is found during the after-repair inspections, the
service bulletin specifies contacting Boeing for repair instructions.
    The compliance time for the initial general visual and detailed
inspections is before 9,000 total flight cycles or within 12,000 flight
cycles after installation of the Zone 3 modification in accordance with
Boeing Service Bulletin 747-53-2272, depending on the configuration of
the airplane; or within 1,500 flight cycles after the date on the
service bulletin; whichever occurs later. The repetitive interval for
the detailed inspection is 6,000 flight cycles. The compliance time for
the after-repair inspection is within 15,000 flight cycles after the
installation of the repair in accordance with Boeing drawing 691U0145,
or within 1,500 flight cycles after the date on the service bulletin,
whichever occurs later. The repetitive interval for the after-repair
inspection is 3,000 flight cycles. The compliance time for all related
investigative and corrective actions is before further flight.

FAA's Determination and Requirements of this Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
This proposed AD would require accomplishing the actions specified in
the service information described previously, except as discussed under
``Differences Between the Proposed AD and the Service Bulletin.''

Differences between the Proposed AD and the Service Bulletin

    The service bulletin specifies to contact the manufacturer for
instructions on how to repair certain conditions, but this proposed AD
would require repairing those conditions in one of the following ways:
     Using a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by an Authorized Representative
for the Boeing Commercial Airplanes Delegation Option Authorization
Organization whom we have authorized to make those findings.
    Where the service bulletin specifies a compliance time after the
date on the service bulletin, this AD requires compliance within the
specified compliance time after the effective date of this AD.

Costs of Compliance

    We estimate that this proposed AD would affect 165 airplanes of
U.S. registry. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD.

                                                                 Table--Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Average labor                                             Number of U.S.-
              Action                  Work hours     rate per hour       Parts         Cost per product     registered airplanes         Fleet cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection (groups 1, 3)..........               6             $80              $0  $480, per inspection   Up to 165.............  Up to $79,200, per
                                                                                cycle.                                         inspection cycle.
Inspection (groups 2, 4)..........               3              80               0  $240, per inspection   Up to 165.............  Up to $39,600, per
                                                                                cycle.                                         inspection cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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), 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.

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

    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]

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

Boeing: Docket No. FAA-2009-0794; Directorate Identifier 2009-NM-
035-AD.

Comments Due Date

    (a) We must receive comments by November 12, 2009.

Affected ADs

    (b) None.

Applicability

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

Subject

    (d) Air Transport Association (ATA) of America Code 53:
Fuselage.

Unsafe Condition

    (e) This AD results from reports of cracks in the main entry
door number 1 upper main sill outer chord, along the bend radius of
the chord on several airplanes. The Federal Aviation Administration
is issuing this AD to detect and correct such cracks, which could
result in loss of structural integrity of the airplane.

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.

Inspections

    (g) At the applicable times specified in Table 1 of paragraph
1.E. ``Compliance'' of Boeing Alert Service Bulletin 747-53A2785,
dated February 12, 2009, except as required by paragraphs (j), (k),
and (l) of this AD: Do a general visual inspection to identify any
existing structural repair manual (SRM) repairs of the upper main
sill outer chord of the left and right side main entry door number
1, as applicable; a detailed inspection for cracks in the upper main
sill of the door(s); and do all related investigative and corrective
actions, as applicable; in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2785, dated
February 12, 2009. Do all applicable related investigative and
corrective actions before further flight.
    (h) For airplanes identified in paragraphs (h)(1) and (h)(2) of
this AD: Repeat the detailed inspection described in paragraph (g)
of this AD thereafter at the interval specified in Table 1 of
paragraph 1.E. ``Compliance'' of Boeing Alert Service Bulletin 747-
53A2785, dated February 12, 2009, until the outer chord repair
specified in drawing 691U0145 is done on the upper main sill, in
accordance with the Accomplishment Instructions of the Boeing Alert
Service Bulletin 747-53A2785, dated February 12, 2009.
    (1) Airplanes on which no cracking is found and no existing SRM
outer chord repair is found during any inspection required by
paragraph (g) of this AD.
    (2) Airplanes on which sill web or frame attachment angles (or
clips) are repaired or replaced in accordance with Boeing Alert
Service Bulletin 747-53A2785, dated February 12, 2009, and the
drawing 691U0145 outer chord repair is not installed in accordance
with Boeing Alert Service Bulletin 747-53A2785, dated February 12,
2009.
    (i) For airplanes on which the outer chord repair specified in
drawing 691U0145 has been installed in accordance with Boeing Alert
Service Bulletin 747-53A2785, dated February 12, 2009: At the
applicable times specified in Table 2 of paragraph 1.E.
``Compliance'' of Boeing Alert Service Bulletin 747-53A2785, dated
February 12, 2009, except as required by paragraph (l) of this AD,
do the after-repair inspections and all applicable corrective
actions in accordance with the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-53A2785, dated February 12, 2009, except
as provided by paragraph (k) of this AD. Repeat the inspections
thereafter at intervals not to exceed 3,000 flight cycles.

Credit for Inspections Required by AD 2005-20-30 or AD 2006-05-02

    (j) Accomplishing the inspections required by AD 2005-20-30 or
AD 2006-05-02, as applicable, is an acceptable method of compliance
for the inspections required by paragraph (g) of this AD. For any
airplane that has accumulated 22,000 total flight

cycles or more, AD 2005-20-30 requires accomplishing the inspections
in accordance with Boeing Service Bulletin 747-53A2349, Revision 2,
dated April 3, 2003; and AD 2006-05-02 requires accomplishing the
inspections in accordance with Boeing Alert Service Bulletin 747-
53A2500, dated December 21, 2004.

Exceptions to the Service Bulletin

    (k) If any crack is found during any inspection required by this
AD, and Boeing Alert Service Bulletin 747-53A2785, dated February
12, 2009, specifies to contact Boeing for appropriate action: Before
further flight, repair the crack using a method approved in
accordance with the procedures specified in paragraph (m) of this
AD.
    (l) Where Boeing Alert Service Bulletin 747-53A2785, dated
February 12, 2009, specifies a compliance time ``after the date on
this service bulletin,'' this AD requires compliance within the
specified compliance time after the effective date of this AD.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, Seattle (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: Ivan Li, Aerospace
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Or, e-mail
information to<EMAIL_ADDRESS>    (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.
    (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 an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who 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.

    Issued in Renton, Washington, on September 18, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-23294 Filed 9-25-09; 8:45 am]

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[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Notices]
[Page 58655-58656]
[DOCID:fr16oc07-66]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12848-000]

FFP Project 6, LLC; Notice of Application Accepted for Filing and
Soliciting Comments, Motions To Intervene, and Protests

October 4, 2007.
    Take notice that the following hydroelectric applications have been
filed with the Commission and are available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: P-12848-000.
    c. Date Filed: July 25, 2007.
    d. Applicant: FFP Project 6, LLC.
    e. Name of the Project: Algiers Light Project.
    f. Location: The project would be located on the Mississippi River
in Orleans Parish, Louisiana. The project uses no dam or impoundment.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicants Contact: Mr. Dan Irvin, FFP Project 6, LLC, 69 Bridge
Street, Manchester, MA 01944, phone<PHONE_NUMBER>.
    i. FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Comments, protests, and interventions may be
filed electronically via the Internet in lieu of paper; see 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings. Please include the project number (P-12848-000) on
any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project would consist of:
(1) 1,000 proposed 20-kilowatt Free Flow generating units having a
total installed capacity of 20-megawatts, (2) a proposed transmission
line, and (4) appurtenant facilities. The project would have an average
annual generation of 87.6-gigawatt-hours and be sold to a local
utility.
    l. Location of Application: A copy of the application is available
for inspection and reproduction at the Commission in the Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    o. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    p. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies Under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions To Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http:// www.ferc.gov

under the ``e-Filing'' link.
    s. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', and ``MOTION TO INTERVENE'', as applicable, and the
Project Number of the particular application to which the filing
refers. Any of the above-named documents must be filed by providing the
original and the number of copies provided by the Commission's
regulations to: The Secretary, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426. An additional copy must be
sent to Director, Division of Hydropower Administration and Compliance,
Federal Energy Regulatory Commission, at the above-mentioned address. A
copy of any notice of intent, competing application or motion to
intervene must also be served upon each

representative of the Applicant specified in the particular
application.
    t. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-20287 Filed 10-15-07; 8:45 am]

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[Federal Register: September 20, 2007 (Volume 72, Number 182)]
[Notices]
[Page 53769-53770]
[DOCID:fr20se07-42]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8471-1]

Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Settlement Agreement; Request for Public
Comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed settlement agreement, to address three lawsuits filed by the
American Iron and Steel Institute, the Specialty Steel Industry of
North America and the Steel Manufacturers Association. [American Iron
and Steel Institute et. al v. U.S. Environmental Protection Agency, No.
00-1434 consolidated with Nos. 00-1435 and 05-1135 (D.C. Cir.)]. In
these cases, petitioners asked the Court to review final rules
promulgated by the Environmental Protection Agency (EPA) relating to
the New Source Performance Standards for Electric Arc Furnaces, 40 CFR
Part 60, Subparts AA and AAa, and the Amendments to Standards of
Performance for New Stationary Sources: Monitoring Requirements (PS-1)
65 FR 48914 (August 10, 2000). Under the terms of the proposed
settlement agreement, the EPA would execute a letter explaining its
position regarding the proper use of continuous opacity monitoring
system (COMS) data with respect to the 40 CFR Part 60, Subparts AAa and
AAa NSPS for electric arc furnace (EAF) steel facilities.

DATES: Written comments on the proposed settlement agreement must be
received by October 22, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0961, online at http://www.regulations.gov (EPA's preferred method); by e-mail to<EMAIL_ADDRESS>mailed to EPA Docket Center,

Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Sonja Rodman, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement

    Through this action, EPA is providing notice of a proposed
settlement agreement to address three petitions for review of EPA
actions filed by American Iron and Steel Institute (AISI), the
Specialty Steel Industry of North America (SSINA) and the Steel
Manufacturers Association (SMA). Two of the petitions for review were
filed in October 2000. On or about October 10, 2000, Petitioners SSINA
and SMA petitioned the Court for review of the ``Amendments to
Standards of Performance for New Stationary Sources: Monitoring
Requirements'' 65

FR 48914 (August 10, 2000) (``PS-1 Rule'') [Specialty Steel Industry of
North America & Steel Manufacturers Association v. U.S. Environmental
Protection Agency, No. 00-1434 (D.C. Cir)]. Also on or about October
10, 2000, Petitioners AISI, SSINA and SMA asked the Court to review the
New Source Performance Standards Subparts AA and AAa, 40 CFR Part 60,
Subparts AA and AAa, which they asserted had been modified by the
aforementioned PS-1 Rule [American Iron and Steel Institute, Specialty
Steel Industry of North American, Steel Manufacturers Association v.
U.S. Environmental Protection Agency, No. 00-1435 (D.C. Cir.)]. The
litigation on these two petitions was stayed pending EPA's action on a
related administrative petition. Subsequently, on or about April 22,
2005, Petitioners SMA and AISI petitioned the Court for review of a
final rule promulgated by EPA entitled ``Standards of Performance for
Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974,
and before August 17, 1983; and Standards of Performance for Steel
Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels
Constructed After August 17, 1983.'' 70 FR 8523 (February 22, 2005)
[Steel Manufacturers Association & American Iron and Steel Institute v.
U.S. Environmental Protection Agency, No. 05-1135 (D.C. Cir.)]. These
three lawsuits were consolidated into a single action by the United
States Court of Appeals for the District of Columbia Circuit. The
proposed settlement agreement would resolve all three lawsuits. Under
the terms of the proposed settlement agreement, the EPA would execute a
letter explaining its position regarding the proper use of continuous
opacity monitoring system (COMS) data with respect to the 40 CFR Part
60, Subparts AAa and AAa NSPS for electric arc furnace (EAF) steel
facilities. The text of this letter is included in the docket for this
rulemaking.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will receive written comments relating to
the proposed settlement agreement from persons who were not named as
parties or intervenors to the litigation in question. EPA or the
Department of Justice may withdraw or withhold consent to the proposed
settlement agreement if the comments disclose facts or considerations
that indicate that such consent is inappropriate, improper, inadequate,
or inconsistent with the requirements of the Clean Air Act. Unless EPA
or the Department of Justice determines, based on any comment which may
be submitted, that consent to the settlement should be withdrawn, the
terms of the agreement will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement

A. How Can I Get a Copy of the Settlement?

    The official public docket for this action--Docket ID No. EPA-HQ-
OGC-2007-0961--contains a copy of the settlement agreement. The
official public docket is available for public viewing at the Office of
Environmental Information (OEI) Docket in the EPA Docket Center, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Public Reading Room is<PHONE_NUMBER>, and the telephone number
for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
http://www.regulations.gov You may use the http://www.regulations.gov.
to submit or view public comments, access the index listing of the
contents of the official public docket, and to access those documents
in the public docket that are available electronically. Once in the
system, select ``search,'' then key in the appropriate docket
identification number.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at http://www.regulations.gov without change,

unless the comment contains copyrighted material, CBI, or other
information whose disclosure is restricted by statute. Information
claimed as CBI and other information whose disclosure is restricted by
statute is not included in the official public docket or in the
electronic public docket. EPA's policy is that copyrighted material,
including copyrighted material contained in a public comment, will not
be placed in EPA's electronic public docket but will be available only
in printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and To Whom Do I Submit Comments?

    Direct your comments to the official public docket for this action
under Docket ID No. EPA-HQ-OGC-2007-0961. You may submit comments as
provided in the ADDRESSES section. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment and with any disk or
CD-ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the http://www.regulations.gov Web site to submit comments

to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(e-mail) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through http://www.regulations.gov
, your e-mail address is automatically captured and

included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: September 14, 2007.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E7-18577 Filed 9-19-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Notices]
[Pages 12836-12838]
[FR Doc No: 2018-05901]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82900; File No. SR-PEARL-2018-09]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee
Schedule

March 19, 2018.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on March 8, 2018, MIAX PEARL, LLC (``MIAX PEARL''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend the MIAX PEARL Fee
Schedule (the ``Fee Schedule''). The Exchange initially filed the
proposal on February 28, 2018 (SR-PEARL-2018-06). That filing was
withdrawn and replaced with the current filing (SR-PEARL-2018-09).
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX
PEARL's principal office, and at the Commission's Public Reference
Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the Add/Remove Tiered Rebates/Fees
set forth in Section (1)(a) of the Fee Schedule to decrease the
``Taker'' fees in Tiers 4, 5 and 6 assessable to all orders submitted
by a Market Maker \3\ for options in Penny classes (as defined below).
---------------------------------------------------------------------------

    \3\ ``Market Maker'' means a Member registered with the Exchange
for the purpose of making markets in options contracts traded on the
Exchange and that is vested with the rights and responsibilities
specified in Chapter VI of Exchange Rules. See the Definitions
Section of the Fee Schedule and Exchange Rule 100.
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    The Exchange currently assesses tiered transaction rebates and fees
to all market participants which are based upon the total monthly
volume executed by the Member \4\ on MIAX PEARL in the relevant,
respective origin type (not including Excluded Contracts \5\) expressed
as a percentage of TCV.\6\ In addition, the per contract

transaction rebates and fees are applied retroactively to all eligible
volume for that origin type once the respective threshold tier
(``Tier'') has been reached by the Member. The Exchange aggregates the
volume of Members and their Affiliates.\7\ Members that place resting
liquidity, i.e., orders resting on the book of the MIAX PEARL
System,\8\ are paid the specified ``maker'' rebate (each a ``Maker''),
and Members that execute against resting liquidity are assessed the
specified ``taker'' fee (each a ``Taker''). For opening transactions
and ABBO uncrossing transactions, per contract transaction rebates and
fees are waived for all market participants. Finally, Members are
generally assessed lower transaction fees and receive lower rebates for
order executions in standard option classes in the Penny Pilot Program
\9\ (``Penny classes'') than for order executions in standard option
classes which are not in the Penny Pilot Program (``Non-Penny
classes''), where Members are assessed higher transaction fees and
receive higher rebates.
---------------------------------------------------------------------------

    \4\ ``Member'' means an individual or organization that is
registered with the Exchange pursuant to Chapter II of the Exchange
Rules for purposes of trading on the Exchange as an ``Electronic
Exchange Member'' or ``Market Maker.'' Members are deemed
``members'' under the Exchange Act. See the Definitions Section of
the Fee Schedule and Exchange Rule 100.
    \5\ ``Excluded Contracts'' means any contracts routed to an away
market for execution. See the Definitions Section of the Fee
Schedule.
    \6\ ``TCV'' means total consolidated volume calculated as the
total national volume in those classes listed on MIAX PEARL for the
month for which the fees apply, excluding consolidated volume
executed during the period time in which the Exchange experiences an
``Exchange System Disruption'' (solely in the option classes of the
affected Matching Engine (as defined below)). The term Exchange
System Disruption, which is defined in the Definitions section of
the Fee Schedule, means an outage of a Matching Engine or collective
Matching Engines for a period of two consecutive hours or more,
during trading hours. The term Matching Engine, which is also
defined in the Definitions section of the Fee Schedule, is a part of
the MIAX PEARL electronic system that processes options orders and
trades on a symbol-by-symbol basis. Some Matching Engines will
process option classes with multiple root symbols, and other
Matching Engines may be dedicated to one single option root symbol
(for example, options on SPY may be processed by one single Matching
Engine that is dedicated only to SPY). A particular root symbol may
only be assigned to a single designated Matching Engine. A
particular root symbol may not be assigned to multiple Matching
Engines. The Exchange notes that the term ``Exchange System
Disruption'' and its meaning have no applicability outside of the
Fee Schedule, as it is used solely for purposes of calculating
volume for the threshold tiers in the Fee Schedule. See the
Definitions Section of the Fee Schedule.
    \7\ ``Affiliate'' means (i) an affiliate of a Member of at least
75% common ownership between the firms as reflected on each firm's
Form BD, Schedule A, or (ii) the Appointed Market Maker of an
Appointed EEM (or, conversely, the Appointed EEM of an Appointed
Market Maker). An ``Appointed Market Maker'' is a MIAX PEARL Market
Maker (who does not otherwise have a corporate affiliation based
upon common ownership with an EEM) that has been appointed by an EEM
and an ``Appointed EEM'' is an EEM (who does not otherwise have a
corporate affiliation based upon common ownership with a MIAX PEARL
Market Maker) that has been appointed by a MIAX PEARL Market Maker,
pursuant to the process described in the Fee Schedule. See the
Definitions Section of the Fee Schedule.
    \8\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
    \9\ See Securities Exchange Act Release No. 79778 (January 12,
2017), 82 FR 6662 (January 19, 2017) (SR-PEARL-2016-01).
---------------------------------------------------------------------------

    Transaction rebates and fees applicable to orders submitted by a
Market Maker are currently assessed according to the following table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Per contract rebates/fees for   Per contract rebates/fees for
                                                                                penny classes                 non-penny classes
                  Origin                         Tier              Volume criteria       ---------------------------------------------------------------
                                                                                Maker           Taker           Maker           Taker
--------------------------------------------------------------------------------------------------------------------------------------------------------
All MIAX PEARL Market Makers..............               1  0.00%-0.05%.................         ($0.25)           $0.50         ($0.30)           $1.05
                                                         2  Above 0.05%-0.25%...........          (0.40)            0.50          (0.30)            1.05
                                                         3  Above 0.25%-0.50%...........          (0.40)            0.48          (0.60)            1.03
                                                         4  Above 0.50%-0.75% or Above            (0.47)            0.47          (0.65)            1.02
                                                             2.0% in SPY.
                                                         5  Above 0.75%-1.00%...........          (0.48)            0.47          (0.70)            1.02
                                                         6  Above 1.00%.................          (0.48)            0.47          (0.85)            1.02
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The Exchange proposes to decrease the Taker fees for Market Maker
orders for options in Penny classes in Tiers 4, 5 and 6 from $0.47 to
$0.43. The purpose of decreasing the Taker fees for Market Maker orders
for options in Penny classes to $0.43 in those Tiers is for business
and competitive reasons to encourage Market Makers to execute greater
volume on the Exchange, by offering lower rates in the higher Tiers.
The Exchange believes that reducing the Taker fees for Market Maker
orders for options in Penny classes to $0.43 per contract fee in those
Tiers will incentivize Market Makers to execute more volume on the
Exchange due to favorable pricing for this liquidity type in the higher
Tiers. There are no other changes proposed to the fee table.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \10\ in general, and
furthers the objectives of Section 6(b)(4) of the Act,\11\ in that it
is an equitable allocation of reasonable dues, fees and other charges
among Exchange members and issuers and other persons using its
facilities, and 6(b)(5) of the Act,\12\ in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
    \12\ 15 U.S.C. 78f(b)(1) and (b)(5).
---------------------------------------------------------------------------

    The proposed Taker fee decreases in Penny classes applicable to
orders submitted by a Market Maker are reasonable, equitable and not
unfairly discriminatory because all Market Maker orders are subject to
the same Taker fees and access to the Exchange is offered on terms that
are not unfairly discriminatory. The Exchange initially set its Taker
fees at the various volume levels based upon business determinations
and an analysis of current Taker fees and volume levels at other
exchanges. For competitive and business reasons, the Exchange believes
that lower Taker fees assessable to Market Maker transactions in Penny
classes in Tiers 4, 5 and 6 will encourage Market Makers to execute
more volume in Penny classes in order to achieve the higher Tiers since
they will be assessed reduced fees in Tiers 4, 5 and 6 for orders in
options in Penny classes which remove liquidity. The Exchange believes
for these reasons that offering the reduced Taker fees for Market Maker
transactions in Penny classes in Tiers 4, 5 and 6 is equitable,
reasonable and not unfairly discriminatory, and thus consistent with
the Act.
    The Exchange believes that its proposal to reduce Taker fees
assessable to transactions in options in Penny classes and not to
reduce Taker fees for transactions in options in Non-Penny classes is
consistent with other options markets that also assess different
transaction fees for options in Non-Penny classes as compared to Penny
classes. The Exchange believes that establishing different pricing for
options in Non-Penny classes and Penny classes is reasonable,
equitable, and not unfairly discriminatory because options in Penny
classes are generally more liquid as compared to Non-Penny classes.
Additionally, other competing options exchanges differentiate pricing
in a similar manner today.\13\
---------------------------------------------------------------------------

    \13\ See NASDAQ PHLX LLC Pricing Schedule, Section II; NYSE
American Options Fee Schedule, p. 7; Cboe Exchange, Inc. Fee
Schedule, p. 1. See also Securities Exchange Act Release No. 68556
(January 2, 2013), 78 FR 1293 (January 8, 2013) (SR-BX-2012-074).
---------------------------------------------------------------------------

    Further, the Exchange believes that it is equitable and not
unfairly discriminatory to assess lower fees to Market Maker orders
than to orders submitted by all other market participants who are not
Priority

Customers. Market Makers are assessed lower transaction fees as
compared to Non-MIAX Market Makers, Non-Member Broker-Dealers, and
Firms because they have market-making obligations and regulatory
requirements, which normally do not apply to those market participants
that are not Market Makers.\14\ Market Makers additionally have
obligations to make continuous markets, engage in a course of dealings
reasonably calculated to contribute to the maintenance of a fair and
orderly market, and not make bids or offers or enter into transactions
that are inconsistent with a course of dealings.
---------------------------------------------------------------------------

    \14\ See Exchange Rules 603 and 604.
---------------------------------------------------------------------------

    Furthermore, the proposed decrease to the Taker fees in Penny
classes for Market Makers in Tiers 4, 5 and 6 promotes just and
equitable principles of trade, fosters cooperation and coordination
with persons engaged in facilitating transactions in securities, and
protects investors and the public interest because the proposed
decrease in the fees will encourage Market Makers to send more orders
to the Exchange since they will be assessed a reduced Taker fee in
Tiers 4, 5 and 6. To the extent that Market Maker order flow in Penny
classes is increased by the proposal, market participants will
increasingly compete for the opportunity to trade on the Exchange,
including sending more orders which will have the potential to be
assessed lower fees and higher rebates. The resulting increased volume
and liquidity will benefit all Exchange participants by providing more
trading opportunities and tighter spreads.

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

    MIAX PEARL 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. The proposed Taker fee
decreases are intended to encourage executing more volume on the
Exchange. The decrease in the Taker fee for Market Makers should enable
the Exchange to attract and compete for order flow with other exchanges
which assess higher Taker fees thereby adding liquidity. The Exchange
notes that it operates in a highly competitive market in which market
participants can readily favor competing venues if they deem fee levels
at a particular venue to be excessive.
    In such an environment, the Exchange must continually adjust its
rebates and fees to remain competitive with other exchanges and to
attract order flow. The Exchange believes that the proposed rule change
reflects this competitive environment because it modifies the
Exchange's fees in a manner that encourages market participants to send
order flow to the Exchange.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\15\ and Rule 19b-4(f)(2) \16\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \16\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 protected]. Please include
File Number SR-PEARL-2018-09 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-PEARL-2018-09. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-PEARL-2018-09 and should be submitted on
or before April 13, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

    \17\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-05901 Filed 3-22-18; 8:45 am]
 BILLING CODE 8011-01-P