[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Proposed Rules]
[Pages 69030-69032]
[FR Doc No: 2010-28338]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1109; Directorate Identifier 2010-NM-155-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model CL-600-2C10
(Regional Jet Series 700, 701, & 702) Airplanes, Model CL-600-2D15
(Regional Jet Series 705) Airplanes, and Model CL-600-2D24 (Regional
Jet Series 900) 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 the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

Rudder Travel Limiter (RTL) return spring, part number (P/N) E0650-
069-2750S, failed prior to completion of the required endurance
test. In addition, the replacement RTL return spring, P/N 670-93465-
1 * * * was found to be susceptible to chafing on the primary
actuator, which could also result in eventual dormant spring
failure. There are two return springs in the RTL and if both springs
failed, a subsequent mechanical disconnect of the RTL components
would result in an unannunciated failure of the RTL. This, in turn,
would permit an increase of rudder authority beyond normal
structural limits and, in the event of a strong rudder input,
controllability of the aeroplane could be affected.
* * * * *

    The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by December 27,
2010.

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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
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 Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; 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-2010-1109;
Directorate Identifier 2010-NM-155-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 based on 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

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2010-18, dated June 16, 2010 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:

Rudder Travel Limiter (RTL) return spring, part number (P/N) E0650-
069-2750S, failed prior to completion of the required endurance
test. In addition, the replacement RTL return spring, P/N 670-93465-
1 (see Note) was found to be susceptible to chafing on the primary
actuator, which could also result in eventual dormant spring
failure. There are two return springs in the RTL and if both springs
failed, a subsequent mechanical disconnect of the RTL components
would result in an unannunciated failure of the RTL. This, in turn,
would permit an increase of rudder authority beyond normal
structural limits and, in the event of a strong rudder input,
controllability of the aeroplane could be affected.

    Note: RTL return springs, P/N 670-93465-1, were installed in
production aeroplanes serial number 10266 (CL-600-2C10) and 15182
(CL-600-2D24) respectively and were introduced in-service by
[Bombardier] Service Bulletin (SB) 670BA-27-047. SB 670BA-27-047 has
since been superseded by [Bombardier] SB 670BA-27-055.

This directive mandates repetitive [detailed] inspection of the RTL
[for broken] return springs and [damage through the casing, or
chafing of the casing of the] primary actuator, with replacement of
parts as necessary.

    Corrective actions include replacing any broken return springs with
new return springs, repairing any chafing of the primary actuator on
its casing, and replacing any primary actuator that has damage through
its casing with a new actuator. You may obtain further information by
examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier, Inc. has issued Service Bulletin 670BA-27-055, Revision
A, dated August 6, 2010. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 477 products of U.S. registry. We also estimate that
it would take about 2 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $81,090, or $170 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

    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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it 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:

Bombardier, Inc.: Docket No. FAA-2010-1109; Directorate Identifier
2010-NM-155-AD.

Comments Due Date

    (a) We must receive comments by December 27, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2C10
(Regional Jet Series 700, 701, & 702) airplanes, serial numbers
10003 and subsequent; and Model CL-600-2D15 (Regional Jet Series
705) and Model CL-600-2D24 (Regional Jet Series 900) airplanes,
serial numbers 15001 and subsequent; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight
controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

Rudder Travel Limiter (RTL) return spring, part number (P/N) E0650-
069-2750S, failed prior to completion of the required endurance
test. In addition, the replacement RTL return spring, P/N 670-93465-
1 * * * was found to be susceptible to chafing on the primary
actuator, which could also result in eventual dormant spring
failure. There are two return springs in the RTL and if both springs
failed, a subsequent mechanical disconnect of the RTL components
would result in an unannunciated failure of the RTL. This, in turn,
would permit an increase of rudder authority beyond normal
structural limits and, in the event of a strong rudder input,
controllability of the aeroplane could be affected.
* * * * *

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.

Initial Inspections and Replacement/Repair

    (g) For airplanes that have accumulated 4,000 or less total flight
hours as of the effective date of this AD: Before the accumulation of
6,000 total flight hours, do a detailed inspection of the RTL for
broken return springs and damage through the casing, or chafing of the
casing of the primary actuator, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-27-055, Revision A,
dated August 6, 2010. Before further

flight, replace any broken return springs with new springs, and repair
or replace with a new actuator any chafed or damaged primary actuator,
as applicable, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 670BA-27-055, Revision A, dated August 6,
2010. Repeat the inspection thereafter at intervals not to exceed 6,000
flight hours.
    (h) For airplanes that have accumulated more than 4,000 total
flight hours as of the effective date of this AD: Within 2,000 flight
hours after the effective date of this AD, do a detailed inspection of
the RTL for broken return springs and damage through the casing, or
chafing of the casing of the primary actuator, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 670BA-27-
055, Revision A, dated August 6, 2010. Before further flight, replace
any broken return springs with new springs, and repair or replace any
chafed or damaged primary actuator with a new actuator, as applicable,
in accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 670BA-27-055, Revision A, dated August 6, 2010. Repeat
the inspection thereafter at intervals not to exceed 6,000 flight
hours.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (i) Actions accomplished before the effective date of this AD in
accordance with Bombardier Service Bulletin 670BA-27-055, dated May 11,
2010, are considered acceptable for compliance with the corresponding
actions specified in this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, New York 11590; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>. 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.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority (or
their delegated agent). You are required to assure the product is
airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in this
AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), the Office of Management and Budget (OMB) has approved the
information collection requirements and has assigned OMB Control Number
2120-0056.

Related Information

    (k) Refer to MCAI Canadian Airworthiness Directive CF-2010-18,
dated June 16, 2010; and Bombardier Service Bulletin 670BA-27-055,
Revision A, dated August 6, 2010; for related information.

    Issued in Renton, Washington, on November 2, 2010.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-28338 Filed 11-9-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Rules and Regulations]
[Pages 24728-24730]
[FR Doc No: 2021-09240]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2020-0541; FRL-10022-97-Region 8]

Approval and Promulgation of Implementation Plans; Utah; R307-204
Emission Standards: Smoke Management

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving state
implementation plan (SIP) revisions submitted by State of Utah on
November 5, 2019. The revisions amend R307-204 to meet the requirements
set forth in Utah's 2019 House Bill (H.B.) 155. This action is being
taken under section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on June 9, 2021.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2020-0541. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Amrita Singh, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver,
Colorado 80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us'' or ``our'' is used, we mean the EPA.

I. Background

    On February 25, 2021 (86 FR 11687), the EPA proposed approval of
the revisions to the Utah Divison of Administrative Rules,
specifically: R307-204-1. Purpose and Goals; R307-204-2. Applicability;
R307-204-3. Definitions; R307-204-4. General Requirements; R307-204-5.
Burn Schedule; R307-204-6. Small Prescribed Fires (de minimis); R307-
204-7. Small Prescribed Pile Fires (de minimis); R307-204-8. Large
Prescribed Fires; R307-204-9. Large Prescribed Pile Fires; and R307-
204-10. Requirements for Wildland Fire Use events that were submitted
by the State on November 5, 2019.
    The rule revisions for R307-204 were submitted to align with the
recent 2019 H.B. 155 which removes outdated terminology and language
regarding adjusting fire emission factors and combines sections R307-
204-6. Small Prescribed Fires (de minimis), R307-204-7. Small
Prescribed Pile Fires (de minimis), R307-204-8. Large Prescribed Fires,
and R307-204-9. Large Prescribed Pile Fires to reduce redundancies.

II. Response to Comments

    The comment period for our February 25, 2021 (86 FR 11687) proposed
rule was open for 30 days. The EPA did not receive any comments.

III. Final Action

    For the reasons stated in our February 25, 2021 proposed rule, the
EPA is finalizing approval of SIP revisions submitted by the State of
Utah on November 5, 2019. EPA is approving:
     Revisions to sections: R307-204-1. Purpose and Goals;
R307-204-2. Applicability; R307-204-3. Definitions; R307-204-4. General
Requirements; and R307-204-5. Burn Schedule.
     Revisions to combine R307-204-6. Small Prescribed Fires
(de minimis) and R307-204-7. Small Prescribed Pile Fires (de minimis),
under R307-204-6. Small Prescribed Fires (de minimis) to streamline and
reduce redundancies.
     Revisions to combine R307-204-8. Large Prescribed Fires
and R307-204-9. Large Prescribed Pile Fires, under R307-204-7, and to
retitle R307-204-7 to ``Large Prescribed Fires,'' which will streamline
and reduce redundancies.
     Removal of R307-204-10. Requirements for Wildland Fire Use
events. This deletion is removing outdated smoke policy terminology,
such as, wildland fire use.
    The revisions for R307-204 meet the applicable CAA requirements and
contains smoke management requirements for land managers within the
State of Utah as required by 40 CFR 51.309(d)(6).

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is incorporating by reference R307-204-1; R307-204-
2; R307-204-3; R307-204-4; R307-204-5; combination of R307-204-6 and
R307-204-7, under R307-204-6 for streamlining; combination of R307-204-
8 and R307-204-9, under R307-204-7; and the removal of R307-204-10 due
to outdated information. The EPA has

made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 8 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by the EPA for inclusion in the SIP, have
been incorporated by reference by the EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of the EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the proposed rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 9, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
dioxide, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: April 28, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart TT--Utah

0
2. In Sec.  52.2320, the table in paragraph (c) is amended by:
0
a. Revising the entries for ``R307-204-01'', ``R307-204-02'', ``R307-
204-03'', ``R307-204-04'', ``R307-204-05'', ``R307-204-06'', and
``R307-204-07''.
0
b. Removing the entries for ``R307-204-08'', R307-204-09'', and ``R307-
204-10''.
    The revisions read as follows:

Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                              State        Final rule citation,
           Rule No.                   Rule title         effective date            date              Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 R307-204. Emission Standards: Smoke Management
----------------------------------------------------------------------------------------------------------------
R307-204-01..................  Purpose and Goals.......       11/5/2019  [insert Federal
                                                                          Register citation], 5/
                                                                          10/2021.

R307-204-02..................  Applicability...........       11/5/2019  [insert Federal
                                                                          Register citation], 5/
                                                                          10/2021.
R307-204-03..................  Definitions.............       11/5/2019  [insert Federal
                                                                          Register citation], 5/
                                                                          10/2021.
R307-204-04..................  General Requirements....       11/5/2019  [insert Federal
                                                                          Register citation], 5/
                                                                          10/2021.
R307-204-05..................  Burn Schedule...........       11/5/2019  [insert Federal
                                                                          Register citation], 5/
                                                                          10/2021.
R307-204-06..................  Small Prescribed Fires         11/5/2019  [insert Federal
                                (de minimis).                             Register citation], 5/
                                                                          10/2021.
R307-204-07..................  Large Prescribed Fires..       11/5/2019  [insert Federal
                                                                          Register citation], 5/
                                                                          10/2021.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2021-09240 Filed 5-7-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: November 3, 2009 (Volume 74, Number 211)]
[Rules and Regulations]
[Page 56713-56717]
[DOCID:fr03no09-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0999; Directorate Identifier 2009-NM-155-AD;
Amendment 39-16069; AD 2008-04-19 R1]
RIN 2120-AA64

Airworthiness Directives; ATR Model ATR42 and ATR72 Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above that would revise an existing AD. This AD results
from mandatory continuing airworthiness information (MCAI) originated
by an aviation authority of another country to identify and correct an
unsafe condition on an aviation product. The MCAI describes the unsafe
condition as:

    Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, * * * Special Federal Aviation
Regulation 88 (SFAR88) * * * required a safety review of the
aircraft Fuel Tank System * * *.
* * * * *
    Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' * * *. These are identified in
Failure Conditions for which an unacceptable probability of ignition
risk could exist if specific tasks and/or

practices are not performed in accordance with the manufacturers'
requirements.

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective November 18, 2009.
    On April 3, 2008 (73 FR 10652, February 28, 2008), the Director of
the Federal Register approved the incorporation by reference of certain
publications listed in the AD.
    We must receive comments on this AD by December 18, 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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this AD, contact ATR--GIE
Avions de Transport R[eacute]gional, 1, All[eacute]e Pierre Nadot,
31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33
(0) 5 62 21 67 18; e-mail<EMAIL_ADDRESS>Internet
http://www.aerochain.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 Operations office
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 street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On February 15, 2008, we issued AD 2008-04-19, Amendment 39-15391
(73 FR 10652, February 28, 2008). That AD applied to all ATR Model
ATR42-200, -300, -320, and -500 airplanes; and all ATR Model ATR72-101,
-201, -102, -202, -211, -212, and -212A airplanes. That AD required
revising the Airworthiness Limitations Section (ALS) of the
Instructions for Continued Airworthiness (ICA) to incorporate new
limitations for fuel tank systems.
    Critical design configuration control limitations (CDCCLs) are
limitation requirements to preserve a critical ignition source
prevention feature of the fuel tank system design that is necessary to
prevent the occurrence of an unsafe condition. The purpose of a CDCCL
is to provide instruction to retain the critical ignition source
prevention feature during configuration change that may be caused by
alterations, repairs, or maintenance actions. A CDCCL is not a periodic
inspection.
    Since we issued that AD, we have determined that it is necessary to
clarify the AD's intended effect on spare and on-airplane fuel tank
system components, regarding the use of maintenance manuals and
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's
maintenance manual or instructions for continued airworthiness has
been issued that contains an airworthiness limitation section unless
the mandatory * * * procedures * * * have been complied with.

Some operators have questioned whether existing components affected by
the new CDCCLs must be reworked. We did not intend for the AD to
retroactively require rework of components that had been maintained
using acceptable methods before the effective date of the AD. Owners
and operators of the affected airplanes therefore are not required to
rework affected components identified as airworthy or installed on the
affected airplanes before the required revisions of the ALS. But once
the CDCCLs are incorporated into the ALS, future maintenance actions on
components must be done in accordance with those CDCCLs.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. We are
issuing this AD to revise AD 2008-04-19. This new AD retains the
requirements of the existing AD, and adds a new note to clarify the
intended effect of the AD on spare and on-airplane fuel tank system
components. We have renumbered subsequent notes accordingly.

Explanation of Additional Change to AD

    AD 2008-04-19 allowed the use of alternative inspections,
inspection intervals, and CDCCLs if they are part of a later revision
of the ATR 42-200/ -300/-320 Maintenance Review Board Report (MRBR),
Revision 7, dated March 31, 2006; ATR 42-400/-500 MRBR, Revision 6,
dated March 26, 2007; or ATR 72 MRBR, Revision 8, dated March 26, 2007.
That provision has been removed from this AD. Allowing the use of ``a
later revision'' of a specific service document violates Office of the
Federal Register policies for approving materials that are incorporated
by reference. Affected operators, however, may request approval to use
an alternative inspection, inspection interval, or CDCCL that is part
of a later revision of the referenced service documents as an
alternative method of compliance, under the provisions of paragraph (g)
of this AD.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.

Costs of Compliance

    This revision imposes no additional economic burden. The current
costs for this AD are repeated for the convenience of affected
operators, as follows:
    We estimate that this AD will affect about 84 products of U.S.
registry. We also estimate that it will take about 1 work-hour per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $6,720, or $80 per
product.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and

makes no substantive change to the AD's requirements. For this reason,
it is found that notice and opportunity for prior public comment for
this action are unnecessary, and good cause exists for making this
amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-0999; Directorate
Identifier 2009-NM-155-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this 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 AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it 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 removing amendment 39-15391 (73 FR
10652, February 28, 2008) and adding the following new AD:

2008-04-19 R1 ATR--GIE Avions de Transport R[eacute]gional (Formerly
Aerospatiale): Amendment 39-16069. Docket No. FAA-2009-0999;
Directorate Identifier 2009-NM-155-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November
18, 2009.

Affected ADs

    (b) This AD revises AD 2008-04-19, Amendment 39-15391.

Applicability

    (c) This AD applies to all ATR Model ATR 42-200, -300, -320, and
-500 airplanes; and all ATR Model ATR 72-101, -201, -102, -202, -
211, -212, and -212A airplanes; certificated in any category.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (g) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, the FAA published Special Federal
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a
safety review of the aircraft Fuel Tank System to determine that the
design meets the requirements of FAR (Federal Aviation Regulation)
Sec.  25.901 and Sec.  25.981(a) and (b).
    A similar regulation has been recommended by the JAA (Joint
Aviation Authorities) to the European National Aviation Authorities
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was
requested to be mandated by NAA's (National Aviation Authorities)
using JAR (Joint Aviation Regulation) Sec.  25.901(c), Sec.
25.1309.
    In August 2005 EASA published a policy statement on the process
for developing instructions for maintenance and inspection of Fuel
Tank System ignition source prevention (EASA D 2005/CPRO, http://
www.easa.eu.int/home/cert_policy_statements_en.html) that also
included the EASA expectations with regard to compliance times of
the corrective actions on the unsafe and the not unsafe part of the
harmonised design review results. On a global scale the TC (type
certificate) holders committed themselves to the EASA published
compliance dates (see EASA policy statement). The EASA policy
statement has been revised in March 2006: The date of 31-12-2005 for
the unsafe related actions has now been set at 01-07-2006.
    Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are
identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the manufacturers'
requirements.
    This EASA Airworthiness Directive mandates the Fuel System
Airworthiness Limitations (comprising maintenance/inspection tasks
and Critical Design Configuration Control Limitations (CDCCL)) for
the type of aircraft, that resulted from the design reviews and the
JAA recommendation and EASA policy statement mentioned above.
    The corrective action is revising the Airworthiness Limitations
Section (ALS) of the Instructions for Continued Airworthiness (ICA)
to incorporate new limitations for fuel tank systems.

Restatement of AD 2008-04-19 With Changes to Compliance Method

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 3 months after April 3, 2008 (the effective date of
AD 2008-04-19), revise the ALS of the ICA to incorporate Task
28.10.00 ``Fuel Tank--General,'' and Task 28.20.00 ``Distribution,''
of the Certification Maintenance Requirements (CMR) Section of the
Time Limits Section of Part 1 of the ATR 42-200/-300/-320
Maintenance Review Board Report (MRBR), Revision 7, dated March 31,
2006; the ATR 42-400/-500 MRBR, Revision 6, dated March 26, 2007; or
the ATR 72 MRBR, Revision 8, dated March 26, 2007; as applicable.
For all tasks identified in the applicable MRBR, the initial
compliance times start from the later of the times specified in
paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, except as provided
by paragraphs (f)(3) and (g) of this AD. The repetitive inspections
must be accomplished thereafter at the interval specified in the
applicable MRBR.
    (i) April 3, 2008.
    (ii) The date of issuance of the original French standard
airworthiness certificate or the date of issuance of the original
French export certificate of airworthiness.
    (2) Within 3 months after April 3, 2008, revise the ALS of the
ICA to incorporate the CDCCLs as defined in Section 4., ``Critical
Design Configuration Control List,'' of the Airworthiness
Limitations Section of the Time Limits Section of Part 1 of the ATR
42-200/-300/-320 MRBR, Revision 7, dated March 31, 2006; the ATR 42-
400/-500 MRBR, Revision 6, dated March 26, 2007; or the ATR 72 MRBR,
Revision 8, dated March 26, 2007; as applicable.
    (3) For the task titled ``Detailed visual inspection of the fuel
tanks and associated equipment, wiring, piping and braids'' (CMR
task reference 28.10.00-1): The initial compliance time is the later
of the times specified in paragraphs (f)(3)(i) and (f)(3)(ii) of
this AD. Thereafter, the task titled ``Detailed visual inspection of
the fuel tanks and associated equipment, wiring, piping and braids''
must be accomplished at the repetitive interval specified in Section
4., ``Critical Design Configuration Control List,'' of the
Airworthiness Limitations Section of the Time Limits Section of Part
1 of the ATR 42-200/-300/-320 MRBR, Revision 7, dated March 31,
2006; the ATR 42-400/-500 MRBR, Revision 6, dated March 26, 2007; or
the ATR 72 MRBR, Revision 8, dated March 26, 2007; as applicable.
    (i) Within 144 months since the date of issuance of the original
French standard airworthiness certificate or the date of issuance of
the original French export certificate of airworthiness.
    (ii) Within 72 months or 20,000 flight hours after April 3,
2008, whichever occurs first.
    (4) After accomplishing the actions specified in paragraphs
(f)(1), (f)(2), and (f)(3) of this AD, no alternative inspection,
inspection intervals, or CDCCLs may be used unless the inspections,
intervals, or CDCCLs are approved as an alternative method of
compliance (AMOC), in accordance with the procedures specified in
paragraph (g) of this AD.

New Information

Explanation of CDCCL Requirements

    Note 2: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the ALS,
as required by paragraph (f) of this AD, do not need to be reworked
in accordance with the CDCCLs. However, once the ALS has been
revised, future maintenance actions on these components must be done
in accordance with the CDCCLs.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
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.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to ensure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2006-0219R1, dated June 29, 2007, and the service
information identified in Table 1 of this AD, for related
information.

                      Table 1--Service Information
------------------------------------------------------------------------
                                   Revision
            Document                level                Date
------------------------------------------------------------------------
Time Limits Section of Part 1              7  March 31, 2006.
 of the ATR 42-200/-300/-320
 Maintenance Review Board
 Report.
Time Limits Section of Part 1              6  March 26, 2007.
 of the ATR 42-400/-500
 Maintenance Review Board
 Report.
Time Limits Section of Part 1              8  March 26, 2007.
 of the ATR 72 Maintenance
 Review Board Report.
------------------------------------------------------------------------

Material Incorporated by Reference

    (i) You must use the applicable service information contained in
Table 2 of this AD to do the actions required by this AD, unless the
AD specifies otherwise.

               Table 2--Material Incorporated by Reference
------------------------------------------------------------------------
                                   Revision
            Document                level                Date
------------------------------------------------------------------------
Time Limits Section of Part 1              7  March 31, 2006.
 of the ATR 42[dash]200/
 [dash]300/[dash]320
 Maintenance Review Board
 Report.
Time Limits Section of Part 1              6  March 26, 2007.
 of the ATR 42[dash]400/-500
 Maintenance Review Board
 Report.
Time Limits Section of Part 1              8  March 26, 2007.
 of the ATR 72 Maintenance
 Review Board Report.
------------------------------------------------------------------------

    (1) The Director of the Federal Register previously approved the
incorporation by reference of this service information on April 3,
2008 (73 FR 10652, February 28, 2008).
    (2) For service information identified in this AD, contact ATR--
GIE Avions de Transport R[eacute]gional, 1, All[eacute]e Pierre
Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21;
fax +33 (0) 5 62 21 67 18; e-mail<EMAIL_ADDRESS>
Internet http://www.aerochain.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> or<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 October 22, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-26289 Filed 11-2-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Page 45897]
[FR Doc No: 2023-15116]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas and Oil Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP23-887-000.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: Compliance filing: Petition for Approval of
Stipulation and Agreement of Settlment to be effective N/A.
    Filed Date: 7/7/23.
    Accession Number: 20230707-5134.
    Comment Date: 5 p.m. ET 7/19/23.

    Docket Numbers: RP23-888-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--UGI to
Colonial 8984390 eff 7-8-23 to be effective 7/8/2023.
    Filed Date: 7/10/23.
    Accession Number: 20230710-5031.
    Comment Date: 5 p.m. ET 7/24/23.

    Docket Numbers: RP23-889-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: AGT Name Change Cleanup July
2023 to be effective 8/10/2023.
    Filed Date: 7/10/23.
    Accession Number: 20230710-5033.
    Comment Date: 5 p.m. ET 7/24/23.

    Docket Numbers: RP23-890-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: MNUS Name Change Clean Up
Filing July 2023 to be effective 8/10/2023.
    Filed Date: 7/10/23.
    Accession Number: 20230710-5034.
    Comment Date: 5 p.m. ET 7/24/23.

    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    Dated: July 10, 2023.
    For other information, call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>. The Commission's Office of Public Participation
(OPP) supports meaningful public engagement and participation in
Commission proceedings. OPP can help members of the public, including
landowners, environmental justice communities, Tribal members and
others, access publicly available information and navigate Commission
processes. For public inquiries and assistance with making filings such
as interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: July 10, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-15116 Filed 7-17-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 75 (Wednesday, April 21, 2021)]
[Notices]
[Pages 20792-20793]
[FR Doc No: 2021-08206]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0020; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming
Model Year 2020-2021 GMC Sierra 3500HD Trucks Are Eligible for
Importation

AGENCY: National Highway Traffic Safety Administration, Department of
Transportation (DOT).

ACTION: Receipt of petition.

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

SUMMARY: This document announces the National Highway Traffic Safety
Administration (NHTSA) receipt of a petition for a decision that model
year (MY) 2020-2021 GMC Sierra 3500HD Trucks (TKs) that were not
originally manufactured to comply with all applicable Federal motor
vehicle safety standards (FMVSS) with a GVWR range of 6,231-7,059 lbs,
are eligible for importation into the United States because they are
substantially similar to vehicles that were originally manufactured for
sale in the United States and that were certified by their manufacturer
as complying with the safety standards (the U.S.-certified version of
the 2020-2021 GMC Sierra 3500HD TKs) and are capable of being readily
altered to conform to the standards.

DATES: The closing date for comments on the petition is May 21, 2021.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and may be
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the 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 comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard along with
the comments. Note that all comments received will be posted without
change to https://www.regulations.gov, including any personal
information provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Robert Mazurowski, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused admission into the United States unless NHTSA has decided that
the motor vehicle is substantially similar to a motor vehicle
originally manufactured for importation into and sale in the United
States, certified under 49 U.S.C. 30115, and of the same MY as the
model of the motor vehicle to be compared, and is capable of being
readily altered to conform to all applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
of each petition that it receives in the Federal Register and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
    Diversified Vehicle Services Inc. (DVS), (Registered Importer R-98-
165), of Indianapolis, Indiana has petitioned NHTSA to decide whether
nonconforming 2020-2021 GMC Sierra 3500HD TKs are eligible for
importation into the United States. The vehicles which DVS believes are
substantially similar are MY 2020-2021 GMC Sierra 3500HD TKs sold in
the United States and certified by their manufacturer as conforming to
all applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified MY 2020-
2021 GMC Sierra 3500HD TKs to their U.S. certified counterparts and
found the vehicles to be substantially similar with respect to
compliance with most FMVSS.
    DVS submitted information with its petition intended to demonstrate
that non-U.S. certified MY 2020-2021 GMC Sierra 3500HD TKs, as
originally manufactured, conform to many applicable FMVSS in the same
manner as their U.S.-certified counterparts, or are capable of being
readily altered to conform to those standards. Specifically, the
petitioner claims that the non-U.S. certified MY 2020-2021 GMC Sierra
3500HD TKs, as originally manufactured, conform to: FMVSS Nos.102,
Transmission Shift Position Sequence, Starter Interlock, and
Transmission Braking Effect, 103, Windshield Defrosting and Defogging
Systems, 104, Windshield Wiping and Washing Systems, 106, Brake Hoses,
108, Lamps, Reflective Devices, and Associated Equipment, 110, Tire
Selection and Rims and Motor Home/Recreation Vehicle Trailer Load
Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536
kilograms (10,000 pounds) or Less, 111, Rear Visibility, 113, Hood
Latch System, 114, Theft Protection, 116, Motor Vehicle Brake Fluids,
118, Power-Operated Window, Partition, and Roof Panel System, 119, New
Pneumatic Tires, 124, Accelerator Control Systems, 126, Electronic
Stability Control Systems For Light Vehicles, 135, Light Vehicle Brake
Systems, 138, Tire pressure monitoring systems, 201, Occupant
Protection in Interior Impact, 202, Head Restraints; Mandatory
Applicability Begins on September 1, 2009, 203, Impact Protection for
the Driver from the Steering Control System, 204, Steering Control
Rearward Displacement, 205, Glazing Materials, 206, Door Locks and Door
Retention Components, 207, Seating Systems, 208, Occupant Crash
Protection, 209, Seat Belt Assemblies, 210, Seat Belt Assembly
Anchorages, 212, Windshield Mounting, 213, Child Restraint Systems,
214, Side Impact Protection, 216, Roof Crush Resistance; Applicable
Unless a Vehicle is Certified to Sec.  571.216a, 219, Windshield Zone
Intrusion, 301, Fuel System Integrity, 302, Flammability of Interior
Materials, 49 CFR part 541, Theft Prevention, and, 49 CFR part 565 VIN
Requirements.
    The petitioner also contends that the subject non-U.S. certified
vehicles are capable of being readily altered to meet the following
FMVSS, in the manner indicated:
    FMVSS No. 101, Controls and Displays: the instrument cluster will
require the addition of the word ``BRAKE''.
    The petitioner additionally states a reference and certification
label will need to be added to the left front door post area to meet
the requirements of 49 CFR part 567.

    Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-08206 Filed 4-20-21; 8:45 am]
BILLING CODE 4910-59-P


MEMORANDUM

DATE:  7/29/15

FROM:  Ken Mitchell/EPA Region 4

TO:   Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

SUBJECT:  Discussion of the Clean Power Plan at the Flexible Packaging Association 2015 EHS Summit

SUMMARY:         REGION 4 PROVIDED INFORMATION ON THE CLEAN POWER PLAN TO PARTICIPANTS AT THE FLEXIBLE PACKAGING ASSOCIATION 2015 EHS SUMMIT IN ST. PETERSBURG, FL, ON JANUARY 29, 2015.  THE CLEAN POWER PLAN FOR EXISTING POWER PLANTS WAS PROPOSED ON JUNE 2, 2014.   ATTENDEES:

EPA Alan Farmer/EPA R4

External Stakeholders Approximately 30 attendees

ATTACHMENT


[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49373-49375]
[FR Doc No: 2017-23195]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-5966]

Breakthrough Devices Program; Draft Guidance for Industry and
Food and Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of the draft guidance entitled ``Breakthrough Devices
Program; Draft Guidance for Industry and Food and Drug Administration
Staff.'' This guidance document describes policies that FDA intends to
use to implement the new Breakthrough Devices Program, established by
the 21st Century Cures Act (Cures Act). The Breakthrough Devices
Program supersedes and combines elements from FDA's Expedited Access
Pathway (EAP), which was intended to facilitate the development and
expedite review of breakthrough technologies, as well as the Priority
Review Program, which implemented statutory criteria for granting
priority review to premarket approval applications (PMAs) and applied
those criteria to other types of premarket submissions for medical
devices. This draft guidance clarifies certain principles and features
of the new program, the designation criteria for Breakthrough Devices,
the designation request review process, the process for withdrawing
from the program, as well as the recommended information device
manufacturers should provide in their designation request for entrance
into the program. This draft guidance is not final nor is it in effect
at this time.

DATES: Submit either electronic or written comments on the draft
guidance by December 26, 2017 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

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-2017-D-5966 for ``Breakthrough Devices Program; Draft Guidance for
Industry and Food and Drug Administration Staff.'' Received comments
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.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the draft guidance document entitled
``Breakthrough Devices Program; Draft Guidance for Industry and Food
and Drug Administration Staff'' to the Office of the Center Director,
Guidance and Policy Development, Center for Devices and Radiological
Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
66, Rm. 5431, Silver Spring, MD 20993-0002, or the Office of
Communication, Outreach, and Development, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your request.

FOR FURTHER INFORMATION CONTACT: Erin Cutts, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1625, Silver Spring, MD 20993-0002,<PHONE_NUMBER>;
or Stephen Ripley, Center for Biologics Evaluation and Research, Food
and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301,
Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is issuing this draft guidance to describe policies that FDA
intends to use to implement section 515B of the Federal Food, Drug, and
Cosmetic Act (FD&C Act) (21 U.S.C. 360e-3, as created by section 3051
of the Cures Act (Pub. L. 114-255) and section 901 of the FDA
Reauthorization Act of 2017 (Pub. L. 115-52) (the ``Breakthrough
Devices Program''). The Breakthrough Devices Program is a voluntary
program for certain medical devices that provide for more effective
treatment or diagnosis of life-threatening or irreversibly debilitating
diseases or conditions. This program is intended to help patients have
more timely access to these medical devices by expediting their
development, assessment, and review, while preserving the statutory
standards for premarket approval, clearance of a premarket notification
(510(k)), and marketing authorization via the De Novo classification
process, consistent with the Agency's statutory mission to protect and
promote public health. No later than 1 year after the date of enactment
of the Cures Act, FDA is required to issue this draft guidance, which
sets forth the process by which a person may seek a Breakthrough Device
designation, provides a template for designation requests, identifies
the criteria that FDA will use in evaluating designation requests, and
identifies the criteria and processes FDA will use to assign and train
a team of staff to review breakthrough devices after designation has
been granted. See section 515B(f) of the FD&C Act.
    As part of the Breakthrough Devices Program, FDA intends to provide
interactive and timely communication with the sponsor during
development and throughout the review process for devices designated as
Breakthrough Devices under section 515B(d)(1) of the FD&C Act and grant
priority to the review of associated Q-submissions, investigational
device exemption (IDE) applications, PMAs, De Novo classification
requests, and premarket notifications (510(k)s). In addition, for
Breakthrough Devices subject to PMA, FDA may consider the amount of
data that may be collected in the postmarket setting, rather than
premarket, and the level of acceptable uncertainty in the benefit-risk
profile at the time of approval. Getting the right balance between
premarket and postmarket data collection--specifically, where
appropriate, a greater reliance on postmarket collection--can reduce
the extent of premarket data submission. Collectively, these and the
other principles of the program described in this draft guidance are
intended to support a least-burdensome approach for expediting patient
access to Breakthrough Devices.
    The Breakthrough Devices Program supersedes the EAP, which launched
in 2015. The Breakthrough Devices Program contains features of the EAP
as well as the Innovation Pathway (first piloted in 2011), both of
which were intended to facilitate the development

and expedite the review of breakthrough technologies.
    The Breakthrough Devices Program also supersedes the Priority
Review Program, which implemented statutory criteria for granting
priority review to PMA submissions for medical devices, applied those
criteria to other types of premarket submissions for medical devices,
and included standard procedures to achieve an efficient priority
review process.

II. Significance of Guidance

    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Breakthrough
Devices Program; Draft Guidance for Industry and Food and Drug
Administration Staff.'' It does not establish any rights for any person
and is not binding on FDA or the public. You can use an alternative
approach if it satisfies the requirements of the applicable statutes
and regulations. This guidance is not subject to Executive Order 12866.

III. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do
so by downloading an electronic copy from the internet. A search
capability for all Center for Devices and Radiological Health guidance
documents is available at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance
documents are also available at https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm or https://www.regulations.gov. Persons unable to download
an electronic copy of ``Breakthrough Devices Program'' may send an
email request to [email protected] to receive an electronic
copy of the document. Please use the document number 1833 to identify
the guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 807, subpart E have been
approved under OMB control number 0910-0120; the collections of
information for De Novo classification requests have been approved
under OMB control number 0910-0844; the collections of information in
21 CFR part 812 have been approved under OMB control number 0910-0078;
the collections of information in 21 CFR part 814, subparts A through
E, have been approved under OMB control number 0910-0231; the
collections of information in 21 CFR part 814, subpart H, have been
approved under OMB control number 0910-0332; the collections of
information in 21 CFR part 820 have been approved under OMB control
number 0910-0073; the collections of information in 21 CFR part 822
have been approved under OMB control number 0910-0449; and the
collections of information regarding ``Requests for Feedback on Medical
Device Submissions'' have been approved under OMB control number 0910-
0756.

    Dated: October 20, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-23195 Filed 10-24-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: January 30, 2007 (Volume 72, Number 19)]
[Notices]
[Page 4255-4256]
[DOCID:fr30ja07-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-141-000]

TransColorado Gas Transmission Company; Notice of Tariff Filing

January 23, 2007.
    Take notice that on January 18, 2007, TransColorado Gas
Transmission Company (TransColorado) tendered for filing as part of its
FERC Gas Tariff, First Revised Volume No. 1, the following tariff
sheets, to be effective February 18, 2007:

Second Revised Sheet No. 247B.02
First Revised Sheet No. 247B.03

    TransColorado states that a copy of this filing has been served
upon TransColorado's customers and affected state commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of

intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not 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>.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-1371 Filed 1-29-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Notices]
[Pages 16083-16085]
[FR Doc No: 2014-06302]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71731; File No. SR-Phlx-2014-16]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Provide
That Market Maker Complex Orders Cannot Initiate a Complex Order Live
Auction

March 18, 2014.
    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 March 12, 2014, NASDAQ OMX PHLX LLC (``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 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.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to provide that market maker Complex Orders
cannot initiate a Complex Order Live Auction.
    The text of the proposed rule change is below; proposed new
language is in italics; proposed deletions are in brackets.
* * * * *
Rule 1080. Phlx XL and Phlx XL II
    (a)-(p) No change.

Commentary

    .01-.07 No change.
    .08 Complex Orders on Phlx XL.
    (a)-(d) No change.
    (e) Process for Complex Order Live Auction (``COLA''). Complex
Orders on the Complex Order Book (``CBOOK,'' as defined below) may be
subject to an automated auction process.
    (i) For purposes of paragraph (e):
    (A) No change.
    (B) (1) A ``COLA-eligible order'' means a Complex Order (a)
identified by way of a COOP, or (b) that, upon receipt, improves the
cPBBO respecting the specific Complex Order Strategy that is the
subject of the Complex Order and is not for a market maker, as
specified in Rule 1080.08(b)(ii). If the Phlx XL system identifies the
existence of a COLA-eligible order following a COOP

or by way of receipt during normal trading of a Complex Order that
improves the cPBBO, such COLA-eligible order will initiate a COLA,
during which Phlx XL participants may bid and offer against the COLA-
eligible order pursuant to this rule. COLA-eligible orders will be
executed without consideration of any prices that might be available on
other exchanges trading the same options contracts.
    (2) No change.
    (ii)-(ix) No change.
    (f)-(i) No change.
* * * * *

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 purpose of the proposal is to correct the rule text to provide
that market maker Complex Orders cannot trigger a COLA. The Exchange's
Complex Order System is governed by Rule 1080.08 and provides that
COLA-eligible orders will trigger a COLA.\3\ The COLA is an automated
auction that is intended to seek additional liquidity and price
improvement for Complex Orders. Rule 1080.08(e) provides that a COLA-
eligible order means a Complex Order identified by way of a COOP, or
that, upon receipt, improves the cPBBO respecting the specific Complex
Order Strategy that is the subject of the Complex Order.
---------------------------------------------------------------------------

    \3\ Rule 1080.08(e)(i)(B)(1).
---------------------------------------------------------------------------

    However, Phlx's system is programmed such that market maker \4\
orders do not trigger a COLA, regardless of whether such orders are IOC
or DAY orders.\5\ Rather than triggering a COLA, market maker Complex
Orders are handled pursuant to Rule 1080.08(c)(i), which provides that
Complex Orders may be executed against the Complex Order Book or placed
on the Complex Order Book.\6\ Pursuant to Rule 1080.08(e), market
makers can interact with a COLA-eligible order by submitting responsive
interest during the COLA. Furthermore, Rule 1080.08(f) governs how
Complex Orders are placed on the CBOOK and how they are executed.
---------------------------------------------------------------------------

    \4\ Market makers include SQTs, RSQTs, non-SQT ROTs, specialists
and non-Phlx market makers on another exchange. See Rules 1014 and
1080.08(b)(ii).
    \5\ The Exchange began permitting market maker orders to be
entered as DAY orders recently. See Securities Exchange Act Release
No. 63777 (January 26, 2011), 76 FR 5630 (February 1, 2011) (SR-
Phlx-2010-157). Previously, they could only be entered as IOC orders
and did not trigger a COLA.
    \6\ Rule 1080.08(c)(iii)(D) provides that paragraph (c) applies
to all Complex Order executions, whether executed in a COLA or not.
---------------------------------------------------------------------------

    The Exchange is amending Rule 1080.08(e)(i)(B)(1) to correct its
rule text to state that market maker orders are not ``COLA-eligible''
such that they cannot trigger a COLA. The Exchange believes that it is
appropriate for market maker Complex Orders not to trigger a COLA,
because it results in a delay, during which markets can change and
other orders can trade. The Exchange does not believe that this will
disadvantage market makers and may in fact be more consistent with
their trading goals and style. Specifically, market makers provide
liquidity, making markets and submitting bids/offers/orders based on
current market conditions, which can, of course, change rapidly; market
makers are therefore concerned about the risks associated with the time
delay of an auction more so than the potential benefit of price
improvement for any one particular order. Moreover, market makers
generally view auctions in terms of participating as responders. The
Exchange notes that market makers have not expressed concern or
dissatisfaction about their Complex Orders not triggering a COLA.
    If the Exchange's system had provided that market maker orders
could trigger a COLA, market makers could nevertheless enter their
orders as DNA orders \7\ to avoid a COLA, but DNA orders are cancelled
if not immediately executed. Thus, DNA orders do not provide the
opportunity for market makers to send an order that can both execute
without delay and result in the remainder posting on the CBOOK.
---------------------------------------------------------------------------

    \7\ See Rule 1080.08(a)(viii).
---------------------------------------------------------------------------

    The Exchange notes that it is common for certain functionality not
to be available to all origin types. For example, as noted above,
Complex Orders with certain time-in-force instructions are available
only to certain origin types; today, market makers cannot enter Good-
Til-Cancelled Complex Orders.\8\ In addition, other options exchanges
have the flexibility in their rules to determine which participants can
initiate a complex order auction and these exchanges can make this
determination on a class-by-class basis.\9\ The Exchange believes that
this is functionally equivalent to its proposal, because: (i)
Implementation by class (puts versus calls) is merely an operational
detail; (ii) the Exchange does not believe that there is any particular
reason to differentiate among different classes; and (iii) the Exchange
believes that CBOE, as a practical matter, implements this provision
across all options and not class-by-class.\10\
---------------------------------------------------------------------------

    \8\ See Rule 1080.08(b)(ii).
    \9\ See CBOE Rule 6.53C(d)(i)(2), NYSE Arca Rule 6.91(c)(1) and
NYSE MKT Rule 980NY(e)(1).
    \10\ See e.g., Regulatory Circular RG12-088 dated June 29, 2012
at http://cchwallstreet.com/CBOETools/PlatformViewer.asp?searched=1&selectednode=chp%5F1%5F26&CiRestriction=COA%2Deligible&manual=%2Fcboe%2Fbulletins%2Fcboe%2Dreg%2Dbull%2D2012%2F and CBOE Regulatory Circular RG13-012 dated January 18, 2013 at
http://cchwallstreet.com/CBOETools/PlatformViewer.asp?searched=1&selectednode=chp%5F1%5F49&CiRestriction=COA%2Deligible&manual=%2Fcboe%2Fbulletins%2Fcboe%2Dreg%2Dbull%2D2013%2F. These CBOE Regulatory Circulars do not differentiate among
option classes respecting CBOE's COA.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the provisions of Section 6 of the Act,\11\ in general, and with
Section 6(b)(5) of the Act,\12\ in particular, which requires that the
rules of an exchange be designed to promote just and equitable
principles of trade, and are not designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
Specifically, the Exchange believes that the proposal is designed to
promote just and equitable principles of trade, because it affords to
market makers an immediate execution over the benefits of an auction.
As discussed above, in their role as liquidity providers, market makers
generally prefer an immediate execution when entering an order, due to
the potential market risk. In the complex orders marketplace, market
makers generally respond to auctions rather than enter orders.
Accordingly, from their particular perspective, avoiding an auction in
the case where they do enter an order is consistent with just and
equitable principles of trade because it helps them manage their
trading and therefore their risk.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange does not believe that the proposal is unfairly
discriminatory, because, although market makers are

being treated differently than other participants, the Exchange
believes that market makers would themselves not regard this proposal
negatively, because they do not necessarily find that a COLA is
necessary or helpful. In addition, it is not unfairly discriminatory,
because market makers, unlike other participants, generally only
respond to auctions and prefer immediate execution, such that treating
them differently than other participants is rooted in the way they
trade and the way they function, to their benefit, rather than in an
effort to exclude them or be unfair to them. Other options exchanges
have the ability under their rules not to trigger an auction by
participant type, such that the Commission has approved the ability to
treat different participants differently respecting complex order
auctions.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Specifically, the proposal does not impose an intra-market burden on
competition, because, even though it would result in market maker
orders not triggering a COLA, the ability of market makers to compete
amongst each other and with other market participants would not be
diminished. Whether or not market makers orders trigger a COLA has no
bearing on how they compete with each other in the marketplace; market
makers compete based on price and trading strategy as applied to
particular market conditions, regardless of auctions. With respect to
competition with other market participants, even if their orders do not
trigger a COLA, market makers can continue to compete by responding to
auctions triggered by other participant types.
    Nor will the proposal impose a burden on competition among the
options exchanges, because, in addition to the vigorous competition for
order flow among the options exchanges, the proposal could result in
the same outcome on three other exchanges that have the flexibility to
determine which complex orders trigger an auction. To the extent that
market makers disagree with the particular approach taken by the
Exchange herein, market makers can easily and readily direct complex
order flow to competing venues.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(ii) of the Act \13\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please
include File Number SR-Phlx-2014-16 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2014-16. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2014-16 and should be
submitted on or before April 14, 2014.
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-06302 Filed 3-21-14; 8:45 am]
BILLING CODE 8011-01-P