[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Proposed Rules]
[Pages 27742-27749]
[FR Doc No: 2023-09435]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0672; Project Identifier AD-2022-01429-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2022-04-05, which applies to all The Boeing Company Model 757 airplanes
and Model 767 airplanes. AD 2022-04-05 requires revising the
limitations and operating procedures sections of the existing airplane
flight manual (AFM) to incorporate specific operating procedures for
landing distance calculations, instrument landing system (ILS)
approaches, non-precision approaches, speedbrake deployment, and go-
around and missed approaches, when in the presence of 5G C-Band
interference as identified by Notices to Air Missions (NOTAMs). Since
the FAA issued AD 2022-04-05, the FAA determined that additional
limitations are needed due to the continued deployment of new 5G C-Band
base stations whose signals are expected to cover most of the
contiguous United States at transmission frequencies between 3.7-3.98
GHz. This proposed AD would require revising the limitations and
operating procedures sections of the existing AFM to incorporate
specific operating procedures for landing distance calculations, ILS
approaches, non-precision approaches, speedbrake deployment, and go-
around and missed approaches, due to the presence of 5G C-Band
interference. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 23,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0672; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Brett Portwood, Continued Operational
Safety Technical Advisor, COS Program Management Section, Operational
Safety Branch, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-0672; Project Identifier
AD-2022-01429-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Brett
Portwood, Continued Operational Safety Technical Advisor, COS Program
Management Section, Operational Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; email:
[email protected]. Any commentary that the FAA receives that is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    The FAA issued AD 2021-23-12, Amendment 39-21810 (86 FR 69984,
December 9, 2021) (AD 2021-23-12), for all transport and commuter
category airplanes equipped with a radio altimeter. AD 2021-23-12 was
prompted by a determination that radio altimeters cannot be relied upon
to perform their intended function if they experience interference from
wireless broadband operations in the 3.7-3.98 GHz frequency band (5G C-
Band). AD 2021-23-12 requires revising the limitations section of the
existing AFM to incorporate limitations prohibiting certain operations
requiring radio altimeter data when in the presence of 5G C-Band
interference as identified by NOTAMs. The agency issued AD 2021-23-12
because radio altimeter anomalies that are undetected by the automation
or pilot, particularly close to the ground (e.g., landing flare), could
lead to loss of continued safe flight and landing.
    The FAA subsequently identified an additional hazard presented by
5G C-Band interference on The Boeing Company Model 757 and Model 767
airplanes and issued AD 2022-04-05, Amendment 39-21947 (87 FR 8152,
February 14, 2022) (AD 2022-04-05). AD 2022-04-05 was prompted by a
determination that, during approach, landings, and go-arounds, as a
result of 5G C-band interference, certain airplane systems may not
properly function, resulting in increased flightcrew workload while on
approach with the flight director, autothrottle, or autopilot engaged.
AD 2022-04-05 requires revising the limitations and operating
procedures sections of the existing AFM to incorporate specific
operating procedures for landing distance calculations, ILS approaches,
non-precision approaches, speedbrake deployment, and go-around and
missed approaches, when in the presence of 5G C-Band interference as
identified by NOTAMs. The agency issued AD 2022-

02-16 to address 5G C-Band interference that could result in increased
flightcrew workload and could lead to reduced ability of the flightcrew
to maintain safe flight and landing of the airplane.

Actions Since AD 2022-04-05 Was Issued

    Since issuing AD 2022-04-05, the FAA determined that additional
limitations are needed due to the continued deployment of new 5G C-Band
base stations whose signals are expected to cover most of the
contiguous United States at transmission frequencies between 3.7-3.98
GHz. Therefore, the FAA issued an NPRM, Docket No. FAA-2022-1647 (88 FR
1520, January 11, 2023) (the NPRM), proposing to supersede AD 2021-23-
12. In the NPRM, the FAA proposed to retain most of the operational
prohibitions required by AD 2021-23-12 until June 30, 2023; on or
before June 30, 2023, operators would be required to revise their
existing AFM to prohibit these operations unless the airplane has a
radio altimeter meeting proposed minimum performance levels (a defined
power spectral density (PSD) curve as well as a defined aggregate
spurious emission level) and is operating at a 5G C-Band mitigated
airport (5G CMA). In the NPRM, the FAA also proposed to require all
airplanes operating under 14 CFR part 121 to have a radio altimeter
meeting the proposed minimum performance standards by February 1, 2024.
    Since the NPRM was published, the FAA has determined that a PSD
curve is a more appropriate method to define performance than a single
fixed emission level. The proposed PSD curve more accurately reflects
differences in radio altimeter susceptibility to interfering emissions
at different altitude levels. The FAA plans to issue guidance on how to
show compliance with both the fundamental PSD curve and spurious PSD
curve, including the data to be submitted, for the FAA to approve the
method used.
    2022-04-05 relies on the FAA's use of NOTAMs to identify 5G C-band
interference at certain airports in the U.S. airspace. As explained in
more detail in the NPRM, those NOTAMs are no longer the best means of
communicating the location of the 5G C-Band environment. Therefore,
this proposed AD would retain the AFM limitations and operating
procedures required by AD 2022-04-05 until June 30, 2023. On or before
June 30, 2023, this proposed AD would require operators to replace the
limitations with limitations prohibiting the same operations, except
the prohibitions would not be tied to NOTAMs but instead would depend
on whether the airplane is operated at a 5G CMA as identified by an FAA
Domestic Notice. Because the 5G C-Band Interference operating procedure
required by AD 2022-04-05 references AD 2021-23-12 for certain
prohibited ILS approaches, this proposed AD would require operators to
replace the procedure with an operating procedure containing the same
information, except it would list the specific prohibited ILS
approaches.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain the AFM revisions required by AD
2022-04-05 until June 30, 2023. On or before June 30, 2023, this
proposed AD would require replacing those AFM revisions with
limitations requiring the same procedures for dispatch or release to
airports, and approach, landing, and go-around on runways, at all
airports for non-radio altimeter tolerant airplanes. For radio
altimeter tolerant airplanes, the procedures would not be required at
5G CMAs as identified in an FAA Domestic Notice. The minimum
performance levels in this proposed AD for determining whether an
airplane is radio altimeter tolerant are the same minimum performance
levels proposed in the NPRM, except the FAA has replaced the proposed
fixed emission level with a proposed PSD curve emission threshold that
more accurately reflects differences in radio altimeter susceptibility
to interfering emissions at different altitude levels.
    Paragraph (l)(3) of this proposed AD specifies that AMOCs approved
for AD 2021-23-12 providing relief for specific radio altimeter
installations would be approved as AMOCs for the requirements specified
in paragraph (h) of this proposed AD until June 30, 2023.

Interim Action

    The FAA considers that this AD, if adopted as proposed, would be an
interim action. Once the Technical Standard Order (TSO) standard for
radio altimeters is established, which will follow the existing
international technical consensus on the establishment of the minimum
operational performance standards (MOPS), the FAA anticipates that the
MOPS will be incorporated into the TSO. The FAA also anticipates that
aircraft incorporating equipment approved under the new Radio Altimeter
TSO will be able to operate in both 5G CMAs and non-5G CMAs with no 5G
C-Band-related AFM limitations. Once a new radio altimeter TSO is
developed, approved, and available, the FAA might consider additional
rulemaking.

Costs of Compliance

    The cost information below describes the costs to change the AFM.
Although this proposed AD would largely maintain the AFM limitations
currently required by AD 2022-04-05, the FAA acknowledges that this
proposed AD may also impose costs on some aircraft operators from
having to change their conduct to comply with the amended AFM. However,
the FAA lacks the data necessary to quantify the costs associated with
aircraft operators changing their conduct. The FAA is seeking public
comment on these costs so the agency can more fully account for the
impact of this regulatory action.
    The FAA estimates that this AD, if adopted as proposed, would
affect 1,108 airplanes of U.S. registry.\1\ The FAA estimates the
following costs to comply with this proposed AD:
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    \1\ This is the number of Boeing Model 757 and 767 airplanes on
the FAA's registry as of 12/1/2022.

                                                 Estimated Costs
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                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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AFM revision (retained actions from AD  1 work-hour x $85 per                 $0             $85         $94,180
 2022-04-05).                            hour \2\ = $85.
New AFM revisions (new proposed         1 work-hour x $85 per                  0              85      \3\ 94,180
 action).                                hour = $85.
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Authority for This Rulemaking
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    \2\ The labor rate of $85 per hour is the average wage rate for
an aviation mechanic.
    \3\ The estimated cost for this revision would not constitute a
significant economic impact (even for small entities) because $85 is
a minimal cost compared to the regular costs of maintaining and
operating a Model 757 or 767 transport category airplane.
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    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.
    The FAA is 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

    The FAA has 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 that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2022-04-05, Amendment 39-21947
(87 FR 8152, February 14, 2022), and
0
b. Adding the following new AD:

The Boeing Company Airplanes: Docket No. FAA-2023-0672; Project
Identifier AD-2022-01429-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by May 23, 2023.

(b) Affected ADs

    This AD replaces AD 2022-04-05, Amendment 39-21947 (87 FR 8152,
February 14, 2022) (AD 2022-04-05).

(c) Applicability

    This AD applies to all The Boeing Company airplanes identified
in paragraphs (c)(1) and (2) of this AD, certificated in any
category.
    (1) Model 757-200, -200PF, -200CB, and -300 series airplanes.
    (2) Model 767-200, -300, -300F, -400ER, and -2C series
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by a determination that radio altimeters
cannot be relied upon to perform their intended function if they
experience interference from wireless broadband operations in the
3.7-3.98 GHz frequency band (5G C-Band), and a determination that,
during approach, landings, and go-arounds, as a result of this
interference, certain airplane systems may not properly function,
resulting in increased flightcrew workload while on approach with
the flight director, autothrottle, or autopilot engaged. The FAA is
issuing this AD to address 5G C-Band interference that could result
in increased flightcrew workload and could lead to reduced ability
of the flightcrew to maintain safe flight and landing of the
airplane.

(f) Compliance

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

(g) Definitions

    (1) For purposes of this AD, a ``5G C-Band mitigated airport''
(5G CMA) is an airport at which the telecommunications companies
have agreed to voluntarily limit their 5G deployment at the request
of the FAA, as identified by an FAA Domestic Notice.
    (2) For purposes of this AD, a ``radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed,
demonstrates the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD, using a method approved by the FAA.
    (i) Tolerance to radio altimeter interference, for the
fundamental emissions (3.7-3.98 GHz), at or above the power spectral
density (PSD) curve threshold specified in figure 1 to paragraph
(g)(2)(i) of this AD.
BILLING CODE 4910-13-P
Figure 1 to paragraph (g)(2)(i)--Fundamental Effective Isotropic PSD
at Outside Interface of Aircraft Antenna

[GRAPHIC] [TIFF OMITTED] TP03MY23.076

    (ii) Tolerance to radio altimeter interference, for the spurious
emissions (4.2-4.4 GHz), at or above the PSD curve threshold
specified in figure 2 to paragraph (g)(2)(ii) of this AD.

Figure 2 to paragraph (g)(2)(ii)--Spurious Effective Isotropic PSD
at Outside Interface of Aircraft Antenna

[GRAPHIC] [TIFF OMITTED] TP03MY23.077

    (3) For purposes of this AD, a ``non-radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed, does
not demonstrate the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD.

(h) Retained Airplane Flight Manual (AFM) Revision

    This paragraph restates the requirements of paragraph (g) of AD
2022-04-05.
    (1) Within 2 days after February 14, 2022 (the effective date of
AD 2022-04-05): Revise the Limitations Section of the existing AFM
to include the information specified in figure 3 to paragraph (h)(1)
of this AD. This may be done by inserting a copy of figure 3 to
paragraph (h)(1) of this AD into the existing AFM.

Figure 3 to paragraph (h)(1)--AFM Limitations Revisions

[GRAPHIC] [TIFF OMITTED] TP03MY23.078

    (2) Within 2 days after February 14, 2022 (the effective date of
AD 2022-04-05): Revise the Operating Procedures Section of the
existing AFM to include the information specified in figure 4 to
paragraph (h)(2) of this AD. This may be done by inserting a copy of
figure 4 to paragraph (h)(2) of this AD into the Operating
Procedures Section of the existing AFM.

Figure 4 to paragraph (h)(2)--AFM Operating Procedures Revision
[GRAPHIC] [TIFF OMITTED] TP03MY23.079

(i) New Requirement: AFM Limitations Revision for Non-Radio Altimeter
Tolerant Airplanes

    For non-radio altimeter tolerant airplanes, do the actions
specified in paragraphs (i)(1) and (2) of this AD.
    (1) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure 5
to paragraph (i) of this AD. This may be done by inserting a copy of
figure 5 to paragraph (i) of this AD into the existing AFM.
Incorporating the AFM revision required by this paragraph terminates
the AFM revision required by paragraph (h)(1) of this AD.
    (2) Before further flight after incorporating the limitations
specified in figure 5 to paragraph (i) of this AD, remove the AFM
revision required by paragraph (h)(1) of this AD.

Figure 5 to paragraph (i)--AFM Limitations Revision for Non-Radio
Altimeter Tolerant Airplanes
[GRAPHIC] [TIFF OMITTED] TP03MY23.080

(j) New Requirement: AFM Limitations Revision for Radio Altimeter
Tolerant Airplanes

    For radio altimeter tolerant airplanes, do the actions specified
in paragraphs (j)(1) and (2) of this AD.
    (1) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure 6
to paragraph (j) of this AD. This may be done by inserting a copy of
figure 6 to paragraph (j) of this AD into the existing AFM.
Incorporating the AFM revision required by this paragraph terminates
the AFM revision required by paragraph (h)(1) of this AD.
    (2) Before further flight after incorporating the limitations
specified in figure 6 to paragraph (j) of this AD, remove the AFM
revision required by paragraph (h)(1) of this AD.

Figure 6 to paragraph (j)--AFM Limitations Revision for Radio
Altimeter Tolerant Airplanes
[GRAPHIC] [TIFF OMITTED] TP03MY23.081

(k) New Requirement: AFM Operating Procedures Revision

    For all airplanes, do the actions specified in paragraphs (k)(1)
and (2) of this AD.
    (1) On or before June 30, 2023, revise the Operating Procedures
Section of the existing AFM to include the information specified in
figure 7 to paragraph (k) of this AD. This may be done by inserting
a copy of figure 7 to paragraph (k) of this AD into the existing
AFM. Incorporating the AFM revision required by this paragraph
terminates the AFM revision required by paragraph (h)(2) of this AD.
    (2) Before further flight after incorporating the operating
procedures specified in figure 7 to paragraph (k) of this AD, remove
the AFM revision required by paragraph (h)(2) of this AD.

Figure 7 to paragraph (k)--AFM Operating Procedures Revision

[GRAPHIC] [TIFF OMITTED] TP03MY23.082

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Operational Safety Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the manager of the Operational Safety Branch, send it to the
attention of the person identified in paragraph (m) of this AD.
Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) AMOCs approved for AD 2021-23-12, Amendment 39-21810 (86 FR
69984, December 9, 2021) providing relief for specific radio
altimeter installations are approved as AMOCs for the requirements
specified in paragraph (h) of this AD until June 30, 2023.

(m) Related Information

    For more information about this AD, contact Brett Portwood,
Continued Operational Safety Technical Advisor, COS Program
Management Section, Operational Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; email:
[email protected].

(m) Material Incorporated by Reference

    None.

    Issued on April 28, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-09435 Filed 5-1-23; 4:15 pm]
BILLING CODE 4910-13-C


[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Rules and Regulations]
[Pages 56280-56283]
[FR Doc No: 2022-19799]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0244; FRL-10167-01-OCSPP]

Hypochlorous Acid; Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is exempting
residues of the antimicrobial pesticide ingredient hypochlorous acid
from the requirement of a tolerance when used on or applied to food-
contact surfaces in public eating places. The EPA is finalizing this
rule on its own initiative under the Federal Food, Drug, and Cosmetic
Act (FFDCA) to address residues identified as part of the EPA's
registration review program under the Federal Insecticide,

Fungicide, and Rodenticide Act (FIFRA).

DATES: This regulation is effective September 14, 2022. Objections and
requests for hearings must be received on or before November 14, 2022
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2020-0244, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room and the OPP Docket is<PHONE_NUMBER>. For the latest
status information on EPA/DC services, docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Anita Pease, Antimicrobials Division
7510M, Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
202-566-0737; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are a
pesticide manufacturer. The following list of North American Industrial
Classification System (NAICS) codes is not intended to be exhaustive,
but rather provides a guide to help readers determine whether this
document applies to them. Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the office of the Federal Register's e-CFR site at
https://www.ecfr.gov/current/title-40.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID numbers EPA-HQ-OPP-2020-0244 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
November 14, 2022. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2020-0244, by one of
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Summary of Rule-For Exemption

What action is the Agency taking?

    In the Federal Register of May 17, 2022 (87 FR 29843) (FRL-9460-
01), EPA proposed to exempt residues of the antimicrobial pesticide
ingredient hypochlorous acid from the requirement of a tolerance when
used on or applied to food-contact surfaces in public eating places.
This exemption covers residues of hypochlorous acid that may be found
in food as a result of the use of these antimicrobials on food-contact
surfaces in public eating places. These exemptions were proposed on
EPA's own initiative under section 408(e) of the FFDCA, 21 U.S.C.
346a(e). No comments were received on EPA's proposal. Therefore, EPA is
finalizing the exemption from the requirement of a tolerance for
residues of the antimicrobial pesticide ingredient hypochlorous acid
when used on or applied to food-contact surfaces in public eating
places.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement of a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Section 408(c)(2)(B) requires EPA to take into
account, among other things, the considerations set forth in section
408(b)(2)(C) and (D). Specifically, section 408(b)(2)(C) of FFDCA
requires EPA to give special consideration to exposure of infants and
children to the pesticide chemical residue in establishing a tolerance
and to ``ensure that there is a reasonable certainty that no harm will
result to infants and children from aggregate exposure to the pesticide
chemical residue. . . .''
    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure to support the establishment
of exemptions from the requirement of a tolerance for residues of
hypochlorous acid.
    As noted in the ``Hypochlorous Acid Interim Decision'', there are
tolerance exemptions under 40 CFR 180.940(b) and (c), which state that
solutions containing hypochlorous acid may be applied to dairy-
processing equipment, and food-processing equipment and utensils, with
the limitation that the end-use concentration of hypochlorous acid does
not exceed 200 parts per

million (ppm) determined as total available chlorine. Because the
current tolerance exemptions do not cover the antimicrobial products
registered for use in public eating areas, the EPA is now establishing
a tolerance exemption under section 40 CFR 180.940(a), which would
cover all food-contact uses of hypochlorous acid pesticide products in
public eating areas not to exceed 200 ppm determined as total available
chlorine.
    EPA's safety determination for establishing a hypochlorous acid
tolerance exemption under section 40 CFR 180.940(a) is based on
chemical similarity to sodium, calcium, and potassium hypochlorites.
Hypochlorous acid risk conclusions, including those related to dietary
and aggregate exposure, can be bridged to the risk conclusions from the
reevaluation of the sodium, calcium, and potassium hypochlorites (see
docket EPA-HQ-OPP-2012-0004 at https://www.regulations.gov). Because
EPA did not identify any dietary or aggregate risks of concern for the
sodium, calcium, and potassium hypochlorites, due to the lack of
toxicity of these substances, there are no dietary or aggregate risks
of concern for hypochlorous acid due to a lack of toxicity for
hypochlorous acid. For further information, the ``Hypochlorous Acid
Interim Decision'' can be found at https://www.regulations.gov in
docket identification number EPA-HQ-OPP-2020-0244.
    Based on the lack of any aggregate risks of concern, EPA concludes
that there is a reasonable certainty that no harm will result to the
general population, or specifically to infants and children, from
aggregate exposure to hypochlorous acid residues. Thus, EPA has
determined that the exemption from the requirement of a tolerance for
residues of hypochlorous acid is safe.

IV. Analytical Enforcement Methodology

    An analytical method for residue is not required for enforcement
purposes since the EPA is not establishing a numerical tolerance for
residues of hypochlorous acid in or on any food commodities. EPA is
establishing limitations on the amount of hypochlorous acid that may be
used in antimicrobial pesticide formulations applied to food-contact
surfaces in public eating places, dairy-processing equipment, and food-
processing equipment and utensils. These limitations will be enforced
through the pesticide registration process under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et
seq. EPA will not register any antimicrobial pesticide formulation
applied to food-contact surfaces in public eating places, dairy-
processing equipment, and food-processing equipment and utensils that
allows for the end-use concentration of hypochlorous acid in the ready
to use product to exceed the 200 ppm limit determined as total
available chlorine.

V. Conclusion

    Therefore, EPA is establishing an exemption under 40 CFR 180.940(a)
from the requirement of a tolerance for residues of hypochlorous acid
when used in antimicrobial formulations applied to food-contact
surfaces in public eating places, dairy-processing equipment, and food-
processing equipment and utensils not to exceed 200 ppm determined as
total available chlorine. Because the existing entries for hypochlorous
acid in paragraphs (b) and (c) are duplicative of the new exemption in
paragraph (a) of section 40 CFR 180.940, EPA is removing the tolerance
exemptions for hypochlorous acid in paragraphs (b) and (c), as
unnecessary.

VI. Statutory and Executive Order Reviews

    This action establishes an exemption from the requirement of a
tolerance under FFDCA section 408(e). The Office of Management and
Budget (OMB) has exempted these types of actions from review under
Executive Order 12866, entitled ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993). Because this action has been exempted from
review under Executive Order 12866 due to its lack of significance,
this action is not subject to Executive Order 13211, entitled ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action does
not contain any information collection subject to OMB approval under
the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.,) or impose
any enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et
seq.). Nor does it require any special considerations as required by
Executive Order 12898, entitled ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994); or OMB review or any
other Agency action under Executive Order 13045, entitled ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This action does not involve any technical
standards that would require EPA consideration of voluntary consensus
standards pursuant to section 12(d) of the National Technology Transfer
and Advancement Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), the EPA previously assessed whether establishment of tolerances,
exemptions from tolerances, raising of tolerance levels, expansion of
exemptions, or revocations might significantly impact a substantial
number of small entities and concluded that, as a general matter, these
actions do not impose a significant economic impact on a substantial
number of small entities. These analyses for tolerance establishments
and modifications, and for tolerance revocations were published in the
Federal Register of May 4, 1981 (46 FR 24950) and December 17, 1997 (62
FR 66020), respectively, and were provided to the Chief Counsel for
Advocacy of the Small Business Administration. Taking into account this
analysis, and available information concerning the pesticide listed in
this rule, the EPA hereby certifies that this action will not have a
significant negative economic impact on a substantial number of small
entities. Furthermore, for the pesticide named in this rule, the EPA
knows of no extraordinary circumstances that exist as to the present
rule that would change EPA's previous analysis. No comments were
submitted concerning EPA's similar determination in the rule.
    In addition, the EPA has determined that this action will not have
a substantial direct effect on 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, as specified
in Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999). Executive Order 13132 requires EPA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the executive order to include regulations
that have substantial direct effects 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.''
This action directly regulates growers, food processors, food handlers,
and food retailers, not States or Tribes. This

action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). For these same reasons, the EPA has
determined that this action does not have any ``tribal implications''
as described in Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000). Executive Order 13175 requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the executive
order to include regulations that have ``substantial direct effects on
one or more Indian Tribes, on the relationship between the Federal
Government and the Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.''
This action will not have substantial direct effects on tribal
governments, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: September 7, 2022.
Anita Pease,
Director, Antimicrobials Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. Amend Sec.  180.940, by:
0
a. Adding in alphabetical order the pesticide chemical ``Hypochlorous
Acid'' in table 1 to paragraph (a).
0
b. Removing the entry ``Hypochlorous Acid'' from the table in paragraph
(b).
0
c. Removing the entry ``Hypochlorous Acid'' from the table in paragraph
(c).
    The addition reads as follows:

Sec.  180.940  Tolerance exemptions for active and inert ingredients
for use in antimicrobial formulations (Food-contact surface sanitizing
solutions).

* * * * *
    (a) * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
       Pesticide chemical         CAS Reg. No.            Limits
------------------------------------------------------------------------

                              * * * * * * *
Hypochlorous Acid..............       7790-92-3  When ready for use, the
                                                  end-use concentration
                                                  of all hypochlorous
                                                  acid chemicals in the
                                                  solution is not to
                                                  exceed 200 ppm
                                                  determined as total
                                                  available chlorine.

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

* * * * *

[FR Doc. 2022-19799 Filed 9-13-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 244 (Friday, December 18, 2020)]
[Notices]
[Pages 82574-82575]
[FR Doc No: 2020-27966]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0144]

Hours of Service of Drivers: Mountain Blade Runner Helicopters,
LLC; Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA requests public comment on Mountain Blade Runner
Helicopters, LLC's (MBR Helicopters) application for an exemption from
two provisions of the hours-of-service (HOS) regulations for its ground
support equipment operators. MBR Helicopters requested relief from the
14-hour rule and the requirement that drivers have 10 consecutive hours
off duty at the end of the work shift. The exemption would allow MBR
Helicopters' ground support equipment operators a 16-hour window within
which to complete all driving and enable these operators to use an 8-
consecutive hour off-duty break, combined with at least 2 other off-
duty hours during the 16-hour window within which driving would be
completed, in lieu of taking 10 consecutive hours off duty.

DATES: Comments must be received on or before January 19, 2021.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2020-0144 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
     Mail: Send comments to Dockets Operations, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Deliver comments to Dockets
Operations, West Building, Ground Floor, Room W12-140, 1200 New Jersey
Avenue SE, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or<PHONE_NUMBER> before visiting Dockets Operations.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Dockets
Operations, Room W12-140 on the ground level of the West Building, 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal holidays. To be sure someone is
there to help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before
visiting Docket Operations.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Richard Clemente, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
    If you submit a comment, please include the docket number for this
notice (FMCSA-2020-0144), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2020-0144'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

III. Background

    Under 49 CFR 395.3(a)(1), a driver may not drive without first
taking 10 consecutive hours off duty, and 49 CFR 395.3 (a)(2) provides
that a driver may drive only during a period of 14 consecutive hours
after coming on duty following 10 consecutive hours off duty. The
driver may not drive after the end of the 14-consecutive-hour period,
without first taking 10 consecutive hours off duty.
    MBR Helicopters requested relief from the 14-hour rule and the
requirement that drivers have 10 consecutive hours off duty at the end
of the work shift. The exemption would allow MBR Helicopters' ground
support equipment operators a 16-hour window within which to complete
all driving and enable these operators to use an 8-consecutive hour
off-duty break, combined with at least 2 other off-duty hours during
the 16-hour window

within which driving would be completed, in lieu of taking 10
consecutive hours off duty. If granted, the exemption would cover MBR
Helicopters' commercial motor vehicle (CMV) operators only when they
are responding to or returning from an active incident as requested by
an officer of a safety agency or public utility commission or service.
A copy of the application is included in the docket referenced at the
beginning of this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315, FMCSA requests public comment
from all interested persons on MBR's application for an exemption. All
comments received before the close of business on the comment closing
date indicated at the beginning of this notice will be considered and
will be available for examination in the docket at the location listed
under the Addresses section of this notice. Comments received after the
comment closing date will be filed in the public docket and will be
considered to the extent practicable. In addition to late comments,
FMCSA will also continue to file, in the public docket, relevant
information that becomes available after the comment closing date.
Interested persons should continue to examine the public docket for new
material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-27966 Filed 12-17-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Notices]
[Pages 59338-59340]
[FR Doc No: 2014-23309]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73211; File No. SR-MIAX-2014-30]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Order Instituting Proceedings To Determine Whether To
Approve or Disapprove a Proposed Rule Change To List and Trade Options
on Certain iShares ETFs

September 25, 2014.

I. Introduction

    On June 17, 2014, Miami International Securities Exchange LLC
(``MIAX'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to list and trade options on
shares of the iShares MSCI Brazil Capped ETF, iShares MSCI Chile Capped
ETF, iShares MSCI Peru Capped ETF, and iShares MSCI Spain Capped ETF
(collectively ``iShares ETFs''). The proposed rule change was published
for comment in the Federal Register on July 3, 2014.\3\ No comments
were received on the proposed rule change. On August 13, 2014, the
Commission extended the time period in which to either approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to approve or disapprove the proposed
change, to October 1, 2014.\4\ This order institutes proceedings under
Section 19(b)(2)(B) of the Act to determine whether to approve or
disapprove the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 72492 (June 27,
2014), 79 FR 38099 (``Notice''). The Commission notes that MIAX also
submitted a similar proposed rule change to list and trade options
on shares of certain Market Vectors ETFs. See Securities Exchange
Act Release No. 72777 (August 6, 2014), 79 FR 47165 (August 12,
2014) (MIAX-2014-39). The Commission is similarly instituting
proceedings to determine whether to approve or disapprove that
proposed rule change as well.
    \4\ See Securities Exchange Act Release No. 72835 (August 13,
2014), 79 FR 49140 (August 19, 2014).
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The Exchange proposes to list for trading on the Exchange options
on shares of the iShares ETFs. According to the Exchange, the iShares
ETFs are registered pursuant to the Investment Company Act of 1940 as
management investment companies designed to hold

a portfolio of securities that track the MSCI Brazil 25/50 Index
(``Brazil Index''), which consists of stocks traded primarily on
BM&FBOVESPA MSCI Chile Investable Market Index (IMI) 25/50 (``Chile
Index''), which consists of stocks traded primarily on the Santiago
Stock Exchange (``SSE''); MSCI All Peru Capped Index (``Peru Index''),
which consists of stocks traded primarily on Bolsa de Valores de Lima
(``BVL''); and MSCI Spain 25/50 Index (``Spain Index''), which consists
of stocks traded primarily on Bolsa de Madrid (``BME'').\5\
---------------------------------------------------------------------------

    \5\ See Notice, supra note 3. Morgan Stanley Capital
International Inc. (``MSCI'') created and maintains the Brazil
Index, Chile Index, Peru Index, and Spain Index.
---------------------------------------------------------------------------

    MIAX Rule 402 establishes the Exchange's initial listing standards
for equity options (the ``Listing Standards'') that must be satisfied
for the Exchange to list and trade options on the shares of open-end
investment companies, such as the iShares ETFs.\6\ Options on the
iShares ETFs do not meet the Listing Standards. In particular, options
on the iShares ETFs do not meet the requirement concerning the
existence of a comprehensive surveillance sharing agreement (``CSSA'')
between MIAX and its foreign counterpart.\7\ Accordingly, the Exchange
may not list and trade options on the iShares ETFs.
---------------------------------------------------------------------------

    \6\ MIAX Rule 402(i) provides the Listing Standards for shares
or other securities (``Exchange-Traded Fund Shares'') that are
traded on a national securities exchange and are defined as an ``NMS
stock'' under Rule 600 of Regulation NMS.
    \7\ See MIAX Rule 402(i)(5)(ii)(B). This rule requires that
``component securities of an index or portfolio of securities on
which the Exchange Traded Fund Shares are based for which the
primary market is in any one country that is not subject to a
comprehensive surveillance agreement do not represent 20% or more of
the weight of the index.''
---------------------------------------------------------------------------

    According to the Exchange, it has attempted, but not entered into,
CSSAs with the applicable foreign markets. In its proposal, the
Exchange requested that the Commission allow the listing and trading of
options on shares of the iShares ETFs without a CSSA. Instead, the
Exchange proposes to rely on agreements between the Commission and the
applicable foreign regulators. Specifically, the Exchange cited to the
agreements between the Commission and the Comissao de Valores
Mobiliarios (``CVM''),\8\ which has responsibility for the Brazilian
exchanges and over-the-counter markets; the Superintendencia de Valores
y Seguros de Chile (``SVS''),\9\ which has the responsibility for the
Chilean securities markets; and the Comision Nacional del Mercado de
Valores (``CNMV''), which has the responsibility for the Spanish stock
exchanges.\10\ In addition, the Exchange noted that the
Superintendencia del Mercado de Valores, which has responsibility for
Peruvian stock exchanges, and the Commission are signatories to the
International Organization of Securities Commissions Multilateral
Memorandum of Understanding.
---------------------------------------------------------------------------

    \8\ See Notice, supra note 3 (citing to MOU with the CVM dated
as of July 24, 2012).
    \9\ See Notice, supra note 3 (citing to MOU with the SVS dated
as of June 3, 1993).
    \10\ See Notice, supra note 3 (citing to MOU with the CNMV dated
as of July 22, 2013).
---------------------------------------------------------------------------

III. Proceedings To Determine Whether To Approve or Disapprove SR-MIAX-
2014-30 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \11\ to determine whether the proposed rule
change should be approved or disapproved. Institution of such
proceedings is appropriate at this time in view of the legal and policy
issues raised by the proposed rule change, as discussed below.
Institution of proceedings does not indicate that the Commission has
reached any conclusions with respect to any of the issues involved.
Rather, as described in greater detail below, the Commission seeks and
encourages interested persons to provide additional comment on the
proposed rule change.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\12\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of, and input from commenters with respect to, the proposed
rule change's consistency with Section 6(b)(5) of the Act,\13\ which
require that the rules of a national securities exchange be designed,
among other things, to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \12\ Id. Section 19(b)(2)(B) of the Exchange Act also provides
that proceedings to determine whether to disapprove a proposed rule
change must be concluded within 180 days of the date of publication
of notice of the filing of the proposed rule change. See id. The
time for conclusion of the proceedings may be extended for up to 60
days if the Commission finds good cause for such extension and
publishes its reasons for so finding. See id.
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data and arguments with respect to the
concerns identified above, as well as any other concerns they may have
with the proposed rule change. In particular, the Commission invites
the written views of interested persons concerning whether the proposal
is inconsistent with Section 6(b)(5) \14\ or any other provision of the
Act, or the rules and regulation thereunder. Although there do not
appear to be any issues relevant to approval or disapproval which would
be facilitated by an oral presentation of views, data, and arguments,
the Commission will consider, pursuant to Rule 19b-4, any request for
an opportunity to make an oral presentation.\15\
---------------------------------------------------------------------------

    \14\ Id.
    \15\ Section 19(b) (2) of the Act, as amended by the Securities
Act Amendments of 1975, Pub. L. 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposal should be approved or
disapproved by October 22, 2014. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
November 5, 2014. The Commission asks that commenters address the
sufficiency and merit of the Exchange's statements in support of the
proposed rule change, in addition to any other comments they may wish
to submit about the proposed rule change.
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2014-30 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2014-30. 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
such filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-MIAX-2014-30 and should be submitted on or before
October 22, 2014. Rebuttal comments should be submitted by November 5,
2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-23309 Filed 9-30-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 14 (Thursday, January 22, 2015)]
[Notices]
[Page 3303]
[FR Doc No: 2015-00996]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at Eufaula Municipal Aiport, Eufaula, Oklahoma, Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice; correction.

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SUMMARY: The FAA published a document in the Federal Register of
December 5, 2014, concerning request for comments on the release of
land at Eufaula Municipal Airport under the provisions of Section 125
of the Wendell H. Ford Aviation Investment Reform Act for the 21st
Century (AIR 21). The document contained the incorrect state.

FOR FURTHER INFORMATION CONTACT: Kathy Franklin,<PHONE_NUMBER>

Correction

    In the Federal Register of December 5, 2014, in FR Doc. 2014-28562,
on page 1, in the Notice title, correct the Notice title to read:
Notice of Intent to Rule on Request to Release Airport Property at
Eufaula Municipal Airport, EUFAULA, OKLAHOMA.

    Dated: January 8, 2015,
Edward N. Agnew,
Acting Manager, Airports Division, Southwest Region.
[FR Doc. 2015-00996 Filed 1-21-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 142 (Tuesday, July 26, 2022)]
[Notices]
[Page 44376]
[FR Doc No: 2022-16002]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-2410-000]

Sonny Solar, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Sonny Solar, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 9, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: July 20, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-16002 Filed 7-25-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Page 3135]
[FR Doc No: 2018-01111]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 5944-023]

Ampersand Moretown Hydro, LLC; Notice of Intent To File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 5944-023.
    c. Date Filed: November 20, 2017.
    d. Submitted By: Ampersand Moretown Hydro, LLC.
    e. Name of Project: Moretown No. 8 Project.
    f. Location: On the Mad River, near the town of Moretown, in
Washington County, Vermont. No federal lands are occupied by the
project works or located within the project boundary.
    g. Filed Pursuant to: 18 CFR 5.3 and 5.5 of the Commission's
regulations.
    h. Potential Applicant Contact: Sayad Moudachirou, Ampersand Energy
Partners, LLC, 717 Atlantic Avenue, Suite 1A, Boston, MA 02111; (617)
933-7206; [email protected]
    i. FERC Contact: Steve Kartalia at<PHONE_NUMBER>; or email at
[email protected].
    j. Ampersand Moretown Hydro, LLC filed its request to use the
Traditional Licensing Process on November 20, 2017. Ampersand Moretown
Hydro, LLC provided public notice of its request on November 30, 2017.
In a letter dated January 17, 2018, the Director of the Division of
Hydropower Licensing approved Ampersand Mortetown Hydro, LLC's request
to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and NOAA Fisheries under section 7
of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the Vermont State Historic Preservation Officer, as
required by section 106 of the National Historic Preservation Act, and
the implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    l. Ampersand Moretown Hydro, LLC filed a Pre-Application Document
(PAD; including a proposed process plan and schedule) with the
Commission, pursuant to 18 CFR 5.6 of the Commission's regulations.
    m. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's website
(http://www.ferc.gov), using the eLibrary link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
5594 Route 100B, Moretown, VT 05660.
    n. The licensee states its unequivocal intent to submit an
application for a subsequent license for Project No. 5944. Pursuant to
18 CFR 16.20, each application for a subsequent license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by November 30,
2020.
    o. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: January 17, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-01111 Filed 1-22-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Notices]
[Pages 14942-14943]
[FR Doc No: 2021-05713]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2021-0008; OMB No. 1660-0025]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Non-Disaster (ND) Grants System

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

ACTION: 60 Day Notice of Reinstatement and request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public to take this opportunity to comment on a
reinstatement, with change, of a previously approved information
collection. In accordance with the Paperwork Reduction Act of 1995,
this notice seeks comments concerning the Non-Disaster (ND) Grants
System.

DATES: Comments must be submitted on or before May 18, 2021.

ADDRESSES: To avoid duplicate submissions to the docket, please submit
comments at www.regulations.gov under Docket ID FEMA-2021-0008. Follow
the instructions for submitting comments.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy and
Security Notice that is available via the link on the homepage of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Everett Yuille, Branch Chief for
Systems and Business Support, Grant Operations Division, Grant Programs
Directorate, FEMA, at<PHONE_NUMBER>. You may contact the Information
Management Division for copies of the proposed collection of
information at email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Title 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principals, and Audit Requirements
for Federal Awards, establishes uniform administrative requirements,
cost principles, and audit requirements for the Federal Emergency
Management Agency (FEMA). It is necessary to standardize FEMA's grant
administration processes to minimize the burden for State and local
partners and other recipients to manage grants such as:
     The Cooperating Technical Partners (CTP) Program;
     The National Dam Safety Program (NDSP);
     The National Incident Management System (NIMS);
     The National Urban Search and Rescue (US&R) Response
System Readiness Cooperative Agreement;
     The Community Assistance Program--State Support Services
Elements (CAP-SSSE);
     The Emergency Food and Shelter Program (EFSP);
     The Emergency Management Baseline Assessment Grant
(EMBAG);
     The Homeland Security National Training Program (HSNTP)/
Continuing Training Grants (CTG);
     The Homeland Security Preparedness Technical Assistance
Program (HSPTAP);
     The National Earthquake Hazard Reduction Program (NEHRP);
and
     The State Fire Training Systems Grant Program.
    Because FEMA currently relies on separate systems, which are
neither integrated, nor capable of supporting the full lifecycle of
FEMA non-disaster grants (announcement through close-out), FEMA must
separately collect and collate program, financial, and performance data
from the two systems as well as external sources, to inform policy
makers and assist decision-making at all levels. By fully integrating
and automating these systems through

ND Grants (https://portal.fema.gov), FEMA will obtain more efficient
and effective operations that better serve the needs of both internal
and external stakeholders.
    With the Non-Disaster (ND) Grants System, FEMA implements a single,
integrated, web-based, grants data collection and management system,
combining all existing grant management functions of both grants
systems, manual processes, and incorporate any additional functionality
required by the Department of Homeland Security. This will result in
the capability to manage all activities associated with non-disaster
grants processes within a single full lifecycle grants management
system. This system will ease the burden on grantees, providing them
the functionality to manage their organization, more easily submit
their applications online, and report on their performance toward
completing their objectives. The new system will interface with
Grants.gov and applicants will be notified via email to enter the
system and review their applications. Grantees will then attach the
detailed budget worksheet and the investment justifications.
    With ND Grants, FEMA seeks to meet the intent of the E-Government
initiative, authorized by Public Law 106-107 passed on November 20,
1999, that requires that all government agencies both streamline grant
application processes and provide a mechanism to electronically create,
review, and submit a grant application via the internet. The E-
Government initiative is further governed by the E-Government Act of
2002, Public Law 107-347.

Collection of Information

    Title: Non-Disaster (ND) Grants System.
    Type of Information Collection: Reinstatement, with change, of a
previously approved information collection.
    OMB Number: 1660-0025.
    FEMA Forms: Non-Disaster (ND) Grants System.
    Abstract: ND Grants is a web-based grants management system that
fulfills FEMA's strategic initiative to consolidate the entire non-
disaster grants management lifecycle into a single system. Currently,
ND Grants has functionality that supports the grantee application
process, award acceptance, amendments, and performance reporting.
    Affected Public: State, Tribal, or local government; non-profits;
institutions of higher education; hospitals; and for-profit entities.
    Number of Respondents: 2,380.
    Number of Responses: 52,598.
    Estimated Total Annual Burden Hours: 26,299 hours.
    Estimated Total Annual Respondent Cost: $1,422,776.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $24,588,479.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Millicent L. Brown,
Senior Manager, Records Management Branch, Office of the Chief
Administrative Officer, Mission Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2021-05713 Filed 3-18-21; 8:45 am]
BILLING CODE 9111-78-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

ESTABLISHMENT OF SLOT EXEMPTION PROCEEDING

PURSUANT TO 49 U.S.C. § 41718(b)

Docket DOT-OST-2000-7182

NOTICE

On July 5, 2000, pursuant to the provisions of the Wendell H. Ford
Aviation Investment Reform Act for the 21st Century (AIR-21), the
Department issued Order 2000-7-2, which awarded a total of 12 “within
perimeter” slot exemptions at Ronald Reagan Washington National
Airport (DCA), to be operated with Stage 3 aircraft.  Among the awards
were four slot exemptions to American Trans Air, Inc. (ATA Airlines), to
provide nonstop service to Chicago-Midway Airport (MDW).

By letter dated October 30, 2007, ATA Airlines notified the Department
that due to the financial challenges in maintaining DCA flights, the
carrier plans to end its nonstop service to MDW effective
November 28, 2007, leaving four slot exemptions available for
reallocation.

Proceeding

Given this development, the Department requests applications from air
carriers using Stage 3 aircraft for four AIR-21 slot exemptions
returned by ATA Airlines, for service between DCA and any medium hub or
smaller airport within the 1,250–mile perimeter established for civil
operations at DCA under Title 49 U.S.C. § 49109.

Title 49 U.S.C. § 41718(b) directs the Secretary to distribute 20
within-perimeter slot exemptions in a manner that promotes air
transportation:  (1) by new entrant air carriers and limited incumbent
air carriers; (2) to communities without existing nonstop air
transportation to Ronald Reagan Washington National Airport; (3) to
small communities; (4) that will provide competitive nonstop air
transportation on a monopoly nonstop route to Ronald Reagan Washington
National Airport; or (5) that will produce maximum competitive benefits,
including low fares.

Further, 49 U.S.C. § 41718(c)(3) provides additional guidance in
awarding within-perimeter slot exemptions.  Of the exemptions granted
under subsection 49 U.S.C. § 41718(b):  (A) without regard to the
new entrant air carriers and limited incumbent air carrier criterion
contained in subsection (b)(1), six shall be for air transportation to
small hub airports and nonhub airports; (B) ten shall be for air
transportation to medium hub and smaller airports; and (C) four shall be
for air transportation to airports without regard to their size.

Of the 20 within-perimeter slot exemptions, six must be for small hub
airports and nonhub airports.  Of the remaining fourteen, ten must be
used for medium hub and smaller airports, while the other four may be
used for any-sized hub (e.g., large).  ATA Airlines used its four slot
exemptions for service between DCA and MDW.  MDW was classified as a
medium hub in 1997.  Moreover, all four slot exemptions allotted for
large hubs are already being used by AirTran Airways, Inc. to serve
Hartsfield-Jackson Atlanta International Airport.  Therefore, to be
responsive to this request and eligible for award, carriers must propose
service with Stage 3 aircraft to a medium hub or smaller airport within
the 1,250–mile perimeter.

Completed applications must be filed in Docket DOT-OST-2000-7182 by
December 17, 2007, and comments with respect to any timely filed
request for slot exemptions must be filed there by January 9, 2007.

As a final matter, the Department notes that ATA Airlines’ currently
allocated slot times for its nonstop DCA-MDW service are in the 0900,
1400, 1700 and 1900 hour periods.  Section 41718(c)(2) prohibits the
Department from assigning more than three slot exemptions per one hour
period.  Almost all time periods are fully subscribed, and, thus, the
Department may not be able to accommodate carrier requests for
alternative slot exemption times.

We shall serve a copy of this notice on all certificated air carriers,
the Metropolitan Washington Airports Authority, and the Federal Aviation
Administration’s Slot Administration office.

By:

MICHAEL W. REYNOLDS

Deputy Assistant Secretary for Aviation and International Affairs

Dated:  November 26, 2007

(SEAL)

An electronic version of this document is available in the Federal
Docket Management System (FDMS) at   HYPERLINK
"http://www.regulations.gov"  http://www.regulations.gov

To search for a Docket in the FDMS, click on the link above.

Then from the Regulations.gov Home Page:

Scroll to down to the Search Documents section of the Home page;

Under Step #1, Select “All Documents (Open and Closed for Comment)”;

Under Step #4, Select “Docket ID”, and

Under “Category,” enter the Docket Number(s) found on the first page
of this document; and

Then click SUBMIT.

 ATA’s letter actually indicated that six slots or slot exemptions
would be returned, the four AIR-21 slot exemptions and two other slots,
one at 0600 hours and the other at 2200 hours.  These latter two are not
being reallocated here.  They are not subject to the prohibition on
transfer at 49 § USC 41714 (j), and in any event slots are
otherwise available to accommodate demand at those times.  In addition,
ATA received two slots as the result of the Federal Aviation
Administration (FAA) slot lottery held on August 15, 2003.  These were
the subject of a subsequent exemption request under
49 § U.S.C. 41714 (d) to “slide” those slots to other times.
By Order 2003-9-30, the Department granted ATA’s exemption request to
operate these slots in the 1300-1359 hour and 1400-1459 hour periods.
Consistent with Order 2003-9-30, these slot exemptions are
self-terminating and will revert to the 2100 hour when ATA ceases
operation of service between DCA and MDW in the 1300 and 1400 hour
periods.

 AIR-21, which mandated the award of 12 within-perimeter slot exemptions
as noted above, was amended in 2003 by P.L. 108-176, the VISION 100 –
Century of Aviation Reauthorization Act.  Section 425(b)(1) of VISION
100 increased the number of within-perimeter slot exemptions to 20.

 A new entrant carrier or limited incumbent carrier is defined as an air
carrier or commuter operator that holds or operates (or held or
operated, since December 16, 1985) fewer than 20 slots and slot
exemptions at DCA.

 Because six of the twenty slot exemptions are already used for service
to small hub and nonhub airports, the new entrant/limited incumbent
criterion will apply in this proceeding.

 49 U.S.C. § 41714(h)(7), (8) and (9) require that hub classifications
be based on the Federal Aviation Administration’s Primary Airport
Enplanement Activity Summary for Calendar Year 1997.

	-   PAGE  2  -

Served: November 26, 2007


[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Notices]
[Pages 36124-36125]
[FR Doc No: 2014-14826]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 [Docket Number FRA-2011-0093]

Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a letter dated
May 14, 2014, Peninsula Terminal Railway (PT) has petitioned the
Federal Railroad Administration (FRA) for an extension of its waiver of
compliance from certain provisions of the Federal hours of service laws
contained at 49 U.S.C. 21103(a)(4). FRA assigned the petition Docket
Number FRA-2011-0093.
    In its petition, PT seeks relief from 49 U.S.C. 21103(a)(4) that in
part requires a train employee to receive 48 hours off duty after
initiating an on-duty period for 6 consecutive days. Specifically, PT
seeks a waiver to allow a train employee to initiate an on-duty period,
each day, for 6 consecutive days followed by 24 hours off duty. In
support of its request, PT explained that it has five train and engine
service employees covered by the waiver, and these employees have set
hours, set days off, and do not lay over at away-from-home locations.
PT provided work schedules for the employees covered by the waiver,
which shows them working Monday through Friday, reporting at 7:00 a.m.,
and working an average of 8 hours, with a crew occasionally working on
Sunday for 4 hours or less. PT also explained that all employees
covered by the waiver work well below the Federal 276-hour monthly
limit. Finally, PT stated that all employees covered by the waiver were
provided information about the waiver extension petition, and that
there were no objections to the waiver extension by these employees.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by August 11, 2014 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on June 20, 2014.
Ron Hynes,
Director, Office of Safety Assurance and Compliance.
[FR Doc. 2014-14826 Filed 6-24-14; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: January 13, 2006 (Volume 71, Number 9)]
[Notices]
[Page 2224-2225]
[DOCID:fr13ja06-83]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2237-013--Georgia Morgan Falls Hydroelectric Project]

Georgia Power Company; Notice of Proposed Revised Restricted
Service List for a Programmatic Agreement for Managing Properties
Included in or Eligible for Inclusion in The National Register of
Historic Places

January 6, 2006.
    Rule 2010 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure provides that, to
eliminate unnecessary expense or improve administrative efficiency, the
Secretary may establish a restricted service list for a particular
phase or issue in a proceeding.\1\ The restricted service list should
contain the names of persons on the service list who, in the judgment
of the decisional authority establishing the list, are active

participants with respect to the phase or issue in the proceeding for
which the list is established.
---------------------------------------------------------------------------

    \1\ 18 CFR Section 385.2010.
---------------------------------------------------------------------------

    The Commission staff is consulting with the Georgia State Historic
Preservation Officer (hereinafter, SHPO) and the Advisory Council on
Historic Preservation (hereinafter, Council) pursuant to the Council's
regulations, 36 CFR part 800, implementing section 106 of the National
Historic Preservation Act, as amended, (16 U.S.C. section 470 f), to
prepare and execute a programmatic agreement for managing properties
included in, or eligible for inclusion in, the National Register of
Historic Places at the Morgan Falls Hydroelectric Project No. 2237-013
(SHPO Reference Number HP-040120-022).
    The programmatic agreement, when executed by the Commission, the
SHPO, and the Council, would satisfy the Commission's section 106
responsibilities for all individual undertakings carried out in
accordance with the license until the license expires or is terminated
(36 CFR 800.13[e]). The Commission's responsibilities pursuant to
section 106 for the Morgan Falls Project would be fulfilled through the
programmatic agreement, which the Commission proposes to draft in
consultation with certain parties listed below. The executed
programmatic agreement would be incorporated into any Order issuing a
license.
    Georgia Power Company, as licensee for Project No. 2237, and the
Muskogee (Creek) Nation of Oklahoma, the Poarch Band of Creek Indians,
the Thlopthlocco Tribal Town, the Kialegee Tribal Town, the Alabama-
Quassarte Tribal Town, the Seminole Indian Tribe, the Seminole Nation
of Oklahoma, the Cherokee Nation, the Eastern Band of Cherokee Indians,
the United Keetoowah Band of Cherokee Indians, and the National Park
Service have expressed an interest in this proceding and are invited to
participate in consultations to develop the programmatic agreement.
    For purposes of commenting on the programmatic agreement, we
propose to restrict the service list for the aforementioned project as
follows:

Don Klima or Representative, Advisory Council on Historic Preservation,
The Old Post Office Building, Suite 803, 1100 Pennsylvania Avenue, NW.,
Washington, DC 20004.
Larry Wall and Scott Hendricks or Representative, Georgia Power
Company, 241 Ralph McGill Blvd, Atlanta, GA 30308.
Elizabeth Shirk or Representative, Georgia Department of Natural
Resources, Historic Preservation Division, 34 Peachtree Street, NW.,
Suite 1600, Atlanta, GA 30303-2316.
Jeff Duncan or Representative, National Park Service, 175 Hamm Rd,
Suite C, Chattanooga, TN 37405.
Eastern Band of Cherokee Indians, Attention: Michelle Hamilton, THPO,
Qualla Boundary, P.O. Box 455, Cherokee, NC 28719.
Dr. Richard L. Allen, Policy Analyst, Cherokee Nation, P.O. Box 948,
Tahlequah, Oklahoma 74465.
Evelyn Bucktrot, Town King, Kialegee Tribal Town, P.O. Box 332, 108 N.
Main Street, Wetumka, OK 74883.
Emman Spain, Seminole Nation of Oklahoma, P.O. Box 1498, Wewoka, OK
74884.
Willard Steele, Seminole Tribe of Florida, Ah-Tah-Thi-Ki Museum, HC 61,
Box 21 A, Clewiston, FL 33440.
Robert Thrower, Poarch Band of Creek Indians, 5811 Jack Springs Rd.,
Atmore, AL 36502.
Charles Coleman, Thlopthlocco Tribal Town, Rt. 1 Box 190-A, Weleetka,
OK 74880.
Augustine Asbury, Alabama-Quassarte Tribal Town, P.O. Box 187, Wetumka,
OK 74883.
Joyce Bear, Muskogee (Creek) Nation, P.O. Box 580, Highway 75 and Loop
56, Okmulgee, OK 74447.
Steve Mouse, United Keetoowah Board of Cherokee Indians, P.O. Box 189,
Parkhill, OK 74456.

    Any person on the official service list for the above-captioned
proceeding may request inclusion on the restricted service list, or may
request that a restricted service list not be established, by filing a
motion to that effect within 15 days of this notice date. In a request
for inclusion, please identify the reason(s) why there is an interest
to be included. Also please identify any concerns about historic
properties, including Traditional Cultural Properties. If historic
properties are to be identified within the motion, please use a
separate page, and label it Non-Public Information.
    An original and 8 copies of any such motion must be filed with Ms.
Magalie R. Salas, the Secretary of the Commission (888 First Street,
NE., Washington, DC 20426), and must be served on each person whose
name appears on the official service list. Please put the project name
``Morgan Falls Hydroelectric Project'' and number ``P-2237-013'' on the
front cover of any motion. If no such motions are filed, the restricted
service list will be effective at the end of the 15 day period.
Otherwise, a further notice will be issued ruling on any motion or
motions filed within the 15 day period.

Magalie R. Salas,
Secretary.
[FR Doc. E6-285 Filed 1-12-06; 8:45 am]

BILLING CODE 6717-01-P