[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Rules and Regulations]
[Pages 20588-20590]
[FR Doc No: E9-10242]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0175]
RIN 1625-AA00

Safety Zone; Allegheny River, Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard has established a temporary safety zone from
mile marker 0.0 (Point State Park) on the Allegheny River to mile
marker 1.0 (Norfolk and Southern Railroad Bridge), extending 328 feet
out from the left descending bank. This safety zone is needed to
protect spectators and vessels from the hazards associated with the
Venture Outdoors Festival event. Entry into this zone is prohibited,
unless specifically authorized by the Captain of the Port Pittsburgh or
a designated representative.

DATES: This rule is effective from 11 a.m. until 6 p.m. on May 16,
2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0175 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0175
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at two locations: The Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and the U.S.
Coast Guard Marine Safety Unit Pittsburgh, Suite 1150 Town Place, 100
Forbes Avenue, Pittsburgh, PA 15222, between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Junior Grade Douglas Kang, Marine
Safety Unit Pittsburgh, telephone<PHONE_NUMBER>. If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is needed to protect
participant and spectator craft from the hazards associated with the
Venture Outdoors Festival event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Publishing an NPRM and delaying
its effective date would be contrary to public interest because
immediate action is needed to protect participant and spectator craft
from the hazards associated with the Venture Outdoors Festival event.

Background and Purpose

    The Coast Guard has established a temporary safety zone from mile
marker 0.0 (Point State Park) on the Allegheny River to mile marker 1.0
(Norfolk and Southern Railroad Bridge), extending 328 feet out from the
left descending bank. This safety zone is needed to protect spectators
and vessels from the hazards associated with the Venture Outdoors
Festival event.

Discussion of Rule

    The Captain of the Port Pittsburgh is establishing a safety zone
from mile marker 0.0 (Point State Park) on the Allegheny River to mile
marker 1.0 (Norfolk and Southern Railroad Bridge), extending 328 feet
out from the left descending bank. Vessels shall not enter into, depart
from, or move within this safety zone without permission from the
Captain of the Port Pittsburgh or his authorized representative.
Persons or vessels requiring entry into or passage through a safety
zone must request permission from the Captain of the Port Pittsburgh,
or a designated representative. They may be contacted on VHF-FM Channel
13 or 16, or through Coast Guard Sector Ohio Valley at 1-800-253-7465.
This rule is effective from 11 a.m. until 6 p.m. on May 16, 2009. The
Captain of the Port Pittsburgh will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    This rule will be in effect for a short period of time and
notifications to the marine community will be made through broadcast
notices to mariners. The impacts on routine navigation are expected to
be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
that portion of the waterways from mile marker 0.0 (Point State Park)
on the Allegheny River to mile marker 1.0 (Norfolk and Southern
Railroad Bridge), extending 328 feet out from the left descending bank
from 11 a.m. to 6 p.m. on Saturday, May 16, 2009. This safety zone will
not have a significant economic impact on a substantial number of small
entities because this rule will only be in effect for a short period of
time.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 0023-01 and Commandant Instruction M16475.lD,
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that this action is one of a category of actions which
do not individually or cumulatively have a significant effect on the
human environment. This rule is categorically excluded, under figure 2-
1, paragraph (34)(g.), of the Instruction, from further environmental
documentation.
    Under figure 2-1, paragraph (34)(g.), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0175 to read as follows:

Sec.  165.T08-0175  Safety Zone; Allegheny River, Pittsburgh, PA.

    (a) Location. The following area is a Safety Zone: the portion of
the waterways from mile marker 0.0 (Point State Park) on the Allegheny
River to mile marker 1.0 (Norfolk and Southern Railroad Bridge),
extending 328 feet out from the left descending bank.
    (b) Effective date. This rule is effective from 11 a.m. until 6
p.m. on May 16, 2009.
    (c) Periods of Enforcement. This rule will only be enforced from 11
a.m. until 6 p.m. on May 16, 2009. The Captain of the Port Pittsburgh
or a designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.
    (d) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into this zone is prohibited unless authorized by the
Captain of the Port Pittsburgh.
    (2) Persons or vessels requiring entry into or passage through a
safety zone must request permission from the Captain of the Port
Pittsburgh or a designated representative. They may be contacted on
VHF-FM Channel 13 or 16, or through Coast Guard Sector Ohio Valley at
1-800-253-7465.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port Pittsburgh and designated on-scene U.S. Coast
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel
includes Commissioned, Warrant, and Petty Officers of the U.S. Coast
Guard.

    Dated: March 31, 2009.
S.T. Higman,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port
Pittsburgh.
[FR Doc. E9-10242 Filed 5-4-09; 8:45 am]
BILLING CODE 4910-15-P


[Federal Register: October 4, 2007 (Volume 72, Number 192)]
[Notices]
[Page 56804]
[DOCID:fr04oc07-109]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213

Extension:
Form N-8F, SEC File No. 270-136, OMB Control No. 3235-0157

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') has submitted to the Office of Management and Budget
(``OMB'') a request for extension of the previously approved collection
of information discussed below.
    Form N-8F (17 CFR 274.218) is the form prescribed for use by
registered investment companies in certain circumstances to request
orders of the Commission declaring that the registration of that
investment company cease to be in effect. The form requests, from
investment companies seeking a deregistration order, information about
(i) the investment company's identity, (ii) the investment company's
distributions, (iii) the investment company's assets and liabilities,
(iv) the events leading to the request to deregister, and (v) the
conclusion of business. The information is needed by the Commission to
determine whether an order of deregistration is appropriate.
    The Form takes approximately 3 hours on average to complete. It is
estimated that approximately 251 investment companies file Form N-8F
annually, so that the total annual burden for the form is estimated to
be 753 hours. The estimate of average burden hours is made solely for
the purposes of the Paperwork Reduction Act and is not derived from a
comprehensive or even a representative survey or study.
    The collection of information on Form N-8F is not mandatory. The
information provided on Form N-8F is not kept confidential. An Agency
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently valid OMB
control number.
    General comments regarding the above information should be directed
to the following persons: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or e-mail to:
<EMAIL_ADDRESS>and (ii) R. Corey Booth, Director/Chief Information

Officer, Securities and Exchange Commission, C/O Shirley Martinson,
6432 General Green Way, Alexandria, Virginia, 22312; or send an e-mail
to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30
days of this notice.

    Dated: September 27, 2007.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-19546 Filed 10-3-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Notices]
[Page 70417]
[FR Doc No: 2016-24552]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-2730-000]

LSC Communications US, 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
LSC Communications US, 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 October 24, 2016.
    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 should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: October 4, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-24552 Filed 10-11-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62807-62808]
[FR Doc No: 2021-24655]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2266-121]

Nevada Irrigation District; Notice of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Application for Temporary Variance of Maximum
Pulse Flow Requirement.
    b. Project No: 2266-121.
    c. Date Filed: October 29, 2021.
    d. Applicant: Nevada Irrigation District (licensee).
    e. Name of Project: Yuba-Bear Hydroelectric Project.
    f. Location: The project is located on the Bear River, Jackson
Creek, and the South Yuba River in Sierra and Nevada counties,
California.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Keane Sommers, Hydroelectric Manager, Nevada
Irrigation District,<PHONE_NUMBER> x 1340, [email protected].
    i. FERC Contact: John Aedo,<PHONE_NUMBER>, [email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: December 6, 2021.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-2266-121. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The licensee requests a temporary
variance of its maximum pulse flow requirements below Jackson Meadows
Reservoir. Specifically, the licensee requests Commission approval to
exceed the

maximum number of allowable flow increases and decreases, which is
limited to two per year. The licensee states that the State Water
Resources Control Board has limited the its ability to store water in
the reservoir as a result of drought conditions and instead, has
ordered the licensee to pass all project inflows into the downstream
area. The licensee requests the variance indefinitely until the water
storage restriction is lifted, but would also coordinate with the U.S.
Forest Service and U.S. Fish and Wildlife Service for an extension if
the storage curtailment remains in place come March 2022.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also 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, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: November 5, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-24655 Filed 11-10-21; 8:45 am]
BILLING CODE 6717-01-P


PBT Chemicals submitted in RY 2002 Total Forms 8.2  8.7 Zero Management 8.2  8.7 Zero and 8.8 > 0 ALDRIN 9 0 0 BENZO( G, H, I) PERYLENE 1449 633 5 CHLORDANE 17 0 0 HEPTACHLOR 13 0 0 HEXACHLOROBENZENE 95 17 0 ISODRIN 3 0 0 LEAD 4447 452 10 LEAD COMPOUNDS 4403 385 7 MERCURY 556 75 1 MERCURY COMPOUNDS 1152 66 1 METHOXYCHLOR 11 0 0 OCTACHLOROSTYRENE 5 0 0 PENDIMETHALIN 18 2 0 PENTACHLOROBENZENE 19 1 0 POLYCHLORINATED BIPHENYLS 116 20 1 POLYCYCLIC AROMATIC COMPOUNDS 2219 517 4 TETRABROMOBISPHENOL A 49 8 0 TOXAPHENE 17 0 0 TRIFLURALIN 34 2 0 Total 14632 2178 29 1. For RY 2002 PBT Form R's ( except dioxin and dioxin like compounds) that report all zeros, NAs, or blanks in Sections 8.1 through 8.7 of Form R ( this should be around 2200 forms that are eligible for our Option 1  Zero Waste Management) :

a. How many of these forms have positive values ( greater than zero) completed in Section 8.8? b. For those positive values, what is the range in #' s of pounds reported for Section 8.8?

Doc Ctrl Num PBT Chemical 8.8 Amount 1302200209524 BENZO( G, H, I) PERYLENE 0.0004 1302200805733 LEAD 0.01 1302200209536 POLYCYCLIC AROMATIC COMPOUNDS 0.04 1302200936348 BENZO( G, H, I) PERYLENE 0.5 1302200114510 BENZO( G, H, I) PERYLENE 0.75 1302201014964 BENZO( G, H, I) PERYLENE 0.9 1302202086498 LEAD 0.98 1302200564666 LEAD 1 1302201015031 BENZO( G, H, I) PERYLENE 2 1302200918860 POLYCYCLIC AROMATIC COMPOUNDS 10.82 1302201059704 LEAD 15.0191 1302200351082 MERCURY COMPOUNDS 32 1302200548954 LEAD COMPOUNDS 45 1302200114522 POLYCYCLIC AROMATIC COMPOUNDS 70 1302200215681 LEAD COMPOUNDS 84.56 1302200526352 LEAD COMPOUNDS 100.9 1302200908515 LEAD COMPOUNDS 150 1302201015029 POLYCYCLIC AROMATIC COMPOUNDS 177 1302200135580 LEAD 200 1302200916878 LEAD COMPOUNDS 219 1302200177816 LEAD 220 1302200478117 MERCURY 228 1302201919356 LEAD COMPOUNDS 850 1302200851564 LEAD 880 1302200840864 LEAD 1281.32 1302200756536 POLYCHLORINATED BIPHENYLS 1532 1302200575809 LEAD 2070 1302200979730 LEAD 2300 1302200418313 LEAD COMPOUNDS 4705 Number that have Total Releases ( sections 5& 6) of Zero and have <= 500 pounds reported in Sections 8.2  8.7 2072 See Table below for details Number that have Total Releases ( sections 5& 6) of Zero and have <= 500 pounds reported in Sections 8.2  8.8 2069 See the 5th column in the table below PBT Chemicals submitted in RY 2002 Total Forms Zero Releases in 5& 6 and <= 500 in 8.2 8.7 ( Forms) Zero Releases in 5& 6 and <= 500 in 8.2 8.7 ( Facilities) Zero Releases in 5& 6 and <= 500 in 8.2 8.7 and 8.8 > 0 ( Forms) ALDRIN 9 0 0 0 BENZO( G, H, I) PERYLENE 1449 695 692 10 CHLORDANE 17 1 1 0 HEPTACHLOR 13 1 1 0 HEXACHLOROBENZENE 95 31 31 1 ISODRIN 3 0 0 0 LEAD 4447 740 740 6 LEAD COMPOUNDS 4403 440 438 0 MERCURY 556 106 106 2 MERCURY COMPOUNDS 1152 80 78 0 METHOXYCHLOR 11 0 0 0 OCTACHLOROSTYRENE 5 1 1 0 PENDIMETHALIN 18 1 1 0 PENTACHLOROBENZENE 19 5 5 0 POLYCHLORINATED BIPHENYLS 116 39 39 1 POLYCYCLIC AROMATIC COMPOUNDS 2219 578 575 6 TETRABROMOBISPHENOL A 49 12 12 0 TOXAPHENE 17 3 3 0 TRIFLURALIN 34 3 3 0 Total 14632 2736 26 2. Option 2 is the Zero Total Disposal or other Releases Option. Form R's that qualify for this option must report a PBT chemical ( except dioxin and dioxin like compounds), have all zeros, NAs, or blank in Section 8.1 a d, but these do have some waste management information provided in Sections 8.2 through 8.7. To qualify for this option a reporter must have 500 pounds or less for a total annual reportable amount when Sections 8.2 8.7 are added.

a. Please determine how many facilities meeting the criteria in # 2 above have 500 pounds or less ( ARA) by adding 8.2 + 8.3 + 8.4 + 8.5 + 8.6 + 8.7 + 8.8.

d. How many of these forms have positive values ( greater than zero) completed in Section 8.8? Zero Releases in 5& 6 and <= 500 in 8.2 8.8 ( Forms) Zero Releases in 5& 6 and <= 500 in 8.2 8.8 ( Facilities) 0 0 695 692 1 1 1 1 31 31 0 0 738 740 440 438 106 106 80 78 0 0 1 1 1 1 5 5 38 39 578 575 12 12 3 3 3 3 2733 b. For those Forms which total 500 pounds or less, what is the " mid point" of the totals for Sections 8.2 8.7 Forms Min Max 2736 0 500 b. For those Forms which total 500 pounds or less, what is the " mid point" of the totals for Sections 8.2 8.8 o c. What is the average ARA for these Forms?

Chemical Forms Min Max All 2733 0 500 Lead & Lead Compounds 1178 0 500 Mercury & Mercury Compounds 186 0 273 POLYCYCLIC AROMATIC COMPOUNDS & BENZO( G, H, I) PERYLENE 1273 0 484.9 Lead 738 0 500 Lead Compounds 440 0 480 Mercury 106 0 266.5 Mercury Compounds 80 0 273 BENZO( G, H, I) PERYLENE 695 0 484.9 POLYCYCLIC AROMATIC COMPOUNDS 578 0 481 8.7 on these forms?

Average 29.9869 .8 on these forms?

Average 30.229 56.5974 20.02742 5.610927 72.98998 29.10258 23.02303 16.05825 4.675051 6.736246 e. For those positive values, what is the range in #' s of pounds reported for Section 8.8?

Doc Ctrl Num PBT Chemical 8.8 Amount 1302200828580 LEAD 0.06 1302200074122 HEXACHLOROBENZENE 0.1 1302200713067 BENZO( G, H, I) PERYLENE 0.1 1302200794055 POLYCYCLIC AROMATIC COMPOUNDS 0.1 1302200074134 POLYCYCLIC AROMATIC COMPOUNDS 0.5 1302200936348 BENZO( G, H, I) PERYLENE 0.5 1302200114510 BENZO( G, H, I) PERYLENE 0.75 1302201014964 BENZO( G, H, I) PERYLENE 0.9 1302200426878 BENZO( G, H, I) PERYLENE 1 1302200526717 MERCURY 1.06 1302200903274 LEAD 1.2 1302200438909 BENZO( G, H, I) PERYLENE 1.4 1302200469930 BENZO( G, H, I) PERYLENE 2 1302200516589 BENZO( G, H, I) PERYLENE 2 1302201015031 BENZO( G, H, I) PERYLENE 2 1302200827273 LEAD 10 1302200002929 LEAD 17.53 1302200941324 POLYCYCLIC AROMATIC COMPOUNDS 42 1302200114522 POLYCYCLIC AROMATIC COMPOUNDS 70 1302201014949 POLYCYCLIC AROMATIC COMPOUNDS 83 1302201015029 POLYCYCLIC AROMATIC COMPOUNDS 177 1302200478117 MERCURY 228 1302200498184 BENZO( G, H, I) PERYLENE 255.4 1302200329415 LEAD 324.9 1302200756536 POLYCHLORINATED BIPHENYLS 1532 1302200979730 LEAD 2300


[Federal Register: March 5, 2008 (Volume 73, Number 44)]
[Notices]
[Page 11971-11973]
[DOCID:fr05mr08-116]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57390; File No. SR-NSX-2008-02]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
and Amendment No. 1 Thereto Relating to the Pass-Through of Certain
Costs to ETP Holders

February 27, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 5, 2008, the National Stock Exchange, Inc. (``NSX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared substantially by the
Exchange. On February 27, 2008, NSX filed Amendment No. 1 to the
proposed rule change to make certain clarifying changes to the
description of its proposal. NSX has designated this proposal as one
establishing or changing a member due, fee, or other charge imposed by
NSX under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NSX proposes to amend the NSX BLADE \SM\ Fee and Rebate Schedule to
give the Exchange the explicit authority to pass through to a specific
ETP Holder costs that are assessed to the Exchange by a third party
that are attributable to that particular ETP Holder for its use of the
facilities of the Exchange. The text of the proposed rule change is
available at www.nsx.com, the principal offices of the Exchange, and
the Commission's Public Reference Room.

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

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

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

1. Purpose
    With this rule change, the Exchange is proposing that the NSX BLADE
Fee Schedule be amended to give the Exchange the explicit authority to
pass through to a specific ETP Holder \5\ costs that are assessed to
the Exchange by a third party vendor that are attributable to that
particular ETP Holder for its use of the facilities of the Exchange.
These costs include line connectivity and other technological charges
and/or upgrades assessed for the ETP Holder's communications with the
Exchange, in connection with the Cross Connect service defined below.
---------------------------------------------------------------------------

    \5\ An ETP Holder is a registered broker or dealer that has been
issued an Equity Trading Permit (``ETP'') by NSX. An ETP Holder will
have the status of a ``member'' of the Exchange as that term is
defined in Section 3(a)(3) of the Act (15 U.S.C. 78c(a)(3)).
---------------------------------------------------------------------------

    The Exchange currently offers ETP Holders the option of connecting
to the Exchange through a direct connection, a service provider or
through an extranet provider. ETP Holders electing a direct connection
to the Exchange that do not utilize a circuit/line obtained from the
third party vendor that houses the Exchange's data center must be
connected to the Exchange through a line or circuit provided by that
vendor (hereinafter the ``Cross Connect'' service). The third party
vendor charges fees associated with this Cross Connect service (the
``Cross Connect Fee Schedule''). It should be noted that the third
party vendor does not charge a Cross Connect fee for any ETP Holder
that utilizes the vendor's circuits.
    The Cross Connect Fee Schedule includes a one-time installation
charge per circuit or line, and monthly fees which vary depending on
the different

circuit levels selected. These circuit options include a T-1, T-3 and
Ethernet circuit lines. The vendor also offers this service to connect
to the Exchange's primary and back-up data centers. Thus, to establish
connectivity, the ETP Holder must select the preferred circuit/line
size, number of lines desired and location preferences. In all cases,
the ETP Holder selects the service that it desires, and thus, is
apprised of and in fact exercises control over the fees associated with
this connectivity to the Exchange.
    The current Cross Connect Fee Schedule provides for a one-time
installation charge for a router of $150 and a one-time installation
charge ranging between $100 and $275 per circuit depending on the
circuit selected. In addition, the current Cross Connect Fee Schedule
provides for monthly fees ranging between $50 and $375 per circuit per
location. While these costs are determined between the ETP Holder and
vendor, the Exchange represents that it will maintain a current
schedule of fees from the third-party vendor, and will provide this
Cross Connect Fee Schedule to ETP Holders upon request and/or otherwise
make it available on the Exchange's Web site.
    It should be noted that these costs could be directly billed to the
ETP Holder by the third party vendor, but for administrative ease, the
Exchange has agreed to act as an intermediary. Because the Exchange has
an existing contractual relationship with the third party vendor, the
latter prefers to charge the Exchange rather than the ETP Holder
directly. These charges are limited to those that are incurred by the
Exchange from a third party on behalf of a particular ETP Holder for
that ETP Holder's benefit and use of the facilities of the Exchange. In
addition, as stated, the ETP Holder would be notified of any charges
which would be subject to this pass through provision prior to the
charge being incurred.
    This provision is intended to capture those costs relating to
services that directly benefit and are requested by ETP Holders for
certain services and do not include the general operating expenses of
the Exchange. Moreover, the Exchange proposes to pass through such
costs without any markup or premium imposed by the Exchange.
    The Exchange has determined that this change is necessary for
competitive reasons. The cumulative amount of such costs, without the
ability to pass them through to the ETP Holders who benefit from and in
fact request the services giving rise to such costs, puts the Exchange
at a competitive disadvantage. The Exchange believes that the proposed
rule change is consistent with the protection of investors and the
public interest.
    The Exchange intends to pass through costs to ETP Holders in
accordance with the proposed rule change immediately upon filing of
this proposed rule change with the Commission for the time period
covered by the February invoice.
    Pursuant to Exchange Rule 16.1(c), the Exchange will ``provide ETP
Holders with notice of all relevant dues, fees, assessments and charges
of the Exchange''. The Exchange will issue a Regulatory Circular of the
changes to the NSX BLADE Fee Schedule and will provide a copy of the
rule filing on the Exchange's Web site (http://www.nsx.com).
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) of the Act,\6\ in general, and with
Section 6(b)(4) of the Act,\7\ in particular, in that it provides for
the equitable allocation of reasonable dues, fees and other charges.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any inappropriate burden on competition.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    The foregoing proposed rule change has been designated as a fee
change pursuant to Section 19(b)(3)(A)(ii) of the Act \8\ and Rule 19b-
4(f)(2)\9\ thereunder, because it establishes or changes a due, fee, or
other charge imposed on members by the Exchange. Accordingly, the
proposal is effective upon filing with the Commission. At any time
within 60 days of the filing of the proposed rule change, the
Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.\10\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
    \10\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change under
Section 19(b)(3)(C) of the Act, the Commission considers the period
to commence on February 27, 2008, the date on which NSX filed
Amendment No. 1.
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NSX-2008-02 on the subject line.

Paper comments

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

All submissions should refer to File Number SR-NSX-2008-02. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 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 publicly available. All
submissions should refer to File

Number SR-NSX-2008-02 and should be submitted on or before March 26,
2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Florence E. Harmon,
Deputy Secretary.
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

 [FR Doc. E8-4175 Filed 3-4-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Proposed Rules]
[Pages 36211-36214]
[FR Doc No: 2016-13049]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3631; Directorate Identifier 2015-NM-060-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain Airbus Model A330-200 and -300 series airplanes; Model
A330-200 Freighter series airplanes; and Model A340-200, -300, -500,
and -600 series airplanes. The NPRM proposed to require modifying the
cockpit door frame structure, installing bonding-leads to the upper
cockpit door frame, and modifying the upper cockpit door plate cover.
The NPRM was prompted by reports of chafed wiring at the upper left
corner of the cockpit door. The affected wire bundle was not grounded
on the cockpit door frame. This action revises the NPRM by also
requiring, for certain airplanes, installing a noise-reduced cockpit
door locking system (CDLS). We are proposing this supplemental NPRM
(SNPRM) to prevent electrical shock injury to persons contacting the
cockpit door. Since these actions impose an additional burden over
those proposed in the NPRM, we are reopening the comment period to
allow the public the chance to comment on these proposed changes.

DATES: We must receive comments on this SNPRM by July 21, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this SNPRM, contact Airbus
SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45
80; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3631; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-3631;
Directorate Identifier 2015-NM-060-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Airbus Model A330-
200 and -300 series airplanes; Model A330-200 Freighter series
airplanes; and Model A340-200, -300, -500, and -600 series airplanes.
The NPRM published in the Federal Register on September 18, 2015 (80 FR
56405) (``the NPRM''). The NPRM was prompted by reports of chafed
wiring at the upper left corner of the cockpit door. The affected wire
bundle was not grounded on the cockpit door frame. The NPRM proposed to
require modifying the cockpit door frame structure, installing bonding-
leads to the upper cockpit door frame, and modifying the upper cockpit
door plate cover.

Actions Since Previous NPRM Was Issued

    Since we issued the NPRM, new service information has been issued
that specifies, for certain airplanes, prior or concurrent actions of
installing a noise-reduced CDLS. We have determined this installation
is necessary to address the identified unsafe condition.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2015-0037, dated March 2, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus Model
A330-200 and -300 series airplanes; Model A330-200 Freighter series
airplanes; and Model A340-200, -300, -500, and -600 series airplanes.
The MCAI states:

    An operator has reported chafed wiring at the upper left corner
of the cockpit door. The investigation concluded that the affected
wire bundle, which supplies a voltage of 115V [volt] AC [alternating
current], was not grounded on the cockpit door frame as part of the
design of A330 and A340 aeroplanes.
    This condition, if not corrected, could result in injury
[electrical shock], in case any person gets in contact with the door
frame.
    Prompted by these findings, Airbus issued SB [service bulletin]
A330-25-3534, SB A340-25-4349 and SB A340-25-5212 to

provide instructions to modify the electrical bonding of the cockpit
door.
    For the reasons described above, this [EASA] AD requires
modification of the cockpit door frame structure, installation of
bonding-leads to the upper cockpit door frame and modification of
the upper cockpit door plate cover.

Required actions for certain airplanes include installation of a noise-
reduced CDLS.
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3631.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information.
     Service Bulletin A330-25-3213, Revision 01, dated April
25, 2005. This service information describes procedures for
modification of the upper cockpit door plate cover.
     Service Bulletin A330-25-3254, Revision 02, dated December
13, 2004. This service information describes procedures for installing
a noise-reduced CDLS.
     Service Bulletin A330-25-3534, Revision 02, dated May 18,
2015. This service information describes procedures for modifying the
cockpit door frame structure and installing bonding-leads to the upper
cockpit door frame.
     Service Bulletin A340-25-4217, Revision 01, dated April
25, 2005. This service information describes procedures for
modification of the upper cockpit door plate cover.
     Service Bulletin A340-25-4349, Revision 02, dated
September 4, 2015. This service information describes procedures for
modifying the cockpit door frame structure and installing bonding-leads
to the upper cockpit door frame.
     Service Bulletin A340-25-5046, Revision 02, dated February
5, 2007. This service information describes procedures for modification
of the upper cockpit door plate cover.
     Service Bulletin A340-25-5212, Revision 01, dated October
27, 2014. This service information describes procedures for modifying
the cockpit door frame structure and installing bonding-leads to the
upper cockpit door frame.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Comments

    We gave the public the opportunity to participate in developing
this proposed AD. We considered the comments received.

Requests To Refer to Revised Service Information

    An anonymous commenter and Delta Air Lines (DAL) requested that we
reference revised service information. DAL requested that we refer to
Airbus Service Bulletin A330-25-3534, Revision 02, dated May 18, 2015,
for accomplishing the actions in paragraphs (g) and (h) of the proposed
AD (in the NPRM). The anonymous commenter requested that we refer to
Airbus Service Bulletin A340-25-4349, Revision 02, dated September 4,
2015, in paragraphs (g)(2) and (h)(2) of the proposed AD (in the NPRM).
    We partially agree with the commenters' requests. We agree to refer
to Airbus Service Bulletin A330-25-3534, Revision 02, dated May 18,
2015; and Airbus Service Bulletin A340-25-4349, Revision 02, dated
September 4, 2015; in paragraph (g) of this proposed AD. This service
information contains updated accomplishment instructions. Airbus
Service Bulletin A330-25-3534, Revision 02, dated May 18, 2015, also
revises the specified concurrent requirements.
    However, in paragraph (h) of this proposed AD, we have determined
that Airbus Service Bulletin A330-25-3534, Revision 02, dated May 18,
2015; and Airbus Service Bulletin A340-25-4349, Revision 02, dated
September 4, 2015; are not appropriate sources of service information
for accomplishing the proposed concurrent actions. Instead, we refer to
Airbus Service Bulletin A330-25-3213, Revision 01, dated April 25,
2005; Airbus Service Bulletin A340-25-4217, Revision 01, dated April
25, 2005; and Airbus Service Bulletin A340-25-5046, Revision 02, dated
February 5, 2007; for accomplishing the concurrent action of modifying
the upper cockpit door plate cover. We refer to Airbus Service Bulletin
A330-25-3534, Revision 02, dated May 18, 2015; and Airbus Service
Bulletin A340-25-4349, Revision 02, dated September 4, 2015; in
paragraphs (h)(1) and (h)(2) of this AD, respectively, in order to
identify the affected airplanes.
    We have added a new paragraph (j) to this proposed AD to provide
credit for actions accomplished using Airbus Service Bulletin A330-25-
3534, Revision 01, dated October 23, 2014; Airbus Service Bulletin
A330-25-3213, dated October 12, 2004; and Airbus Service Bulletin A340-
25-4217, dated October 12, 2004. We have reidentified the subsequent
paragraphs accordingly.
    DAL also requested that we approve using later issued revisions of
Airbus Service Bulletin A330-25-3534.
    We disagree with approving unspecified later revisions of the
service information. When referring to a specific service bulletin in
an AD, using the phrase, ``or later FAA-approved revisions,'' violates
Office of the Federal Register regulations for approving materials that
are incorporated by reference. Once we issue a final rule, affected
operators may request approval to use a later revision of the
referenced service bulletin as an alternative method of compliance
(AMOC), under the provisions of paragraph (k)(1) of this proposed AD.

Requests To Extend Compliance Time

    DAL requested that we extend the compliance time from 24 months to
30 months. DAL stated that a 24-month compliance time does not provide
the necessary time to procure parts and develop internal paperwork to
accomplish the modifications. DAL explained that mandating a 24-month
compliance time will result in several airplanes being missed during
scheduled maintenance, which will result in requiring costly special
visits that adversely impact passenger operations. DAL also stated it
had not experienced problems with the cockpit door bonding during a
service history of over 12 years and noted there is higher awareness to
electrical wiring interconnect system (EWIS) issues, making wire
chafing problems less likely. DAL concluded that a moderate extension
to the compliance time should provide a sufficient level of safety
without burdening the airlines unnecessarily.
    We disagree with DAL's request. The compliance time has been
determined by EASA and Airbus through the specific analysis to ensure
continued operational safety of the affected airplanes. If an operator
wishes to extend the compliance time, this can be done through a
specific request for approval of an AMOC under the provisions of
paragraph (k)(1) of this proposed AD. The operator must justify in the
request that an extension of the compliance time will provide an
adequate level of safety (such as by accomplishment of specific
inspections or tasks).
    Airbus has specified a standard lead time of 90 calendar days from
the date of a purchase order for component kits, which ensures
sufficient time for planning the appropriate operator's action to
modify the airplane and

comply with this proposed AD. We have not changed this proposed AD in
this regard.

Requests To Allow Alternative Consumable Materials

    DAL requested that we allow the use of industry standard consumable
materials already stocked by the airlines, instead of burdening the
airlines with procuring the specific consumables specified in the
service information. DAL stated that there are many industry standard
materials that fulfill the roles of each of the specific materials
called out in the service bulletins that are used daily by every
airline. DAL also stated that the use of these industry standard
consumable materials will in no way reduce the level of safety of the
modifications.
    We disagree with DAL's request. DAL did not provide details on the
specific consumable materials it proposes to use for the actions
required by this proposed AD and did not provide any technical
justification that the use of other consumable materials would provide
an equivalent level of safety. In addition, for service information
that contains ``Required for Compliance'' (RC) sections in the
Accomplishment Instructions, the consumable materials in the RC
sections must be used to comply with the AD requirements. Completion of
all steps in accordance with the RC sections ensures that the actions
required by this proposed AD address the identified unsafe condition.
Operators may request approval for the use of other consumable
materials through the AMOC process, under the provisions of paragraph
(k)(1) of this proposed AD. We have not changed this proposed AD in
this regard.

FAA's Determination and Requirements of This SNPRM

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type designs.
    Certain changes described above expand the scope of the NPRM. As a
result, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for the public to comment on
this SNPRM.

Costs of Compliance

    We estimate that this SNPRM affects 70 airplanes of U.S. registry.
    We estimate that it would take about 53 work-hours per product to
comply with the new basic requirements of this SNPRM. The average labor
rate is $85 per work-hour. Required parts would cost about $2,430 per
product. Based on these figures, we estimate the cost of this SNPRM on
U.S. operators to be $485,450, or $6,935 per product.
    According to the manufacturer, some of the costs of this SNPRM may
be covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

    Airbus: Docket No. FAA-2015-3631; Directorate Identifier 2015-
NM-060-AD.

(a) Comments Due Date

    We must receive comments by July 21, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus airplanes, certificated in any
category, identified in paragraphs (c)(1), (c)(2), and (c)(3) of
this AD, except airplanes on which Airbus Modification 203066,
Modification 203074, or Modification 203372 has been embodied in
production.
    (1) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301,
-302, -303, -321, -322, -323, -341, -342, and -343 airplanes; all
manufacturer serial numbers (MSNs); if modified in-service as
specified in Airbus Service Bulletin A330-25-3161, or in production
with Airbus Modification 50014.
    (2) Model A340-211, -212, -213, -311, -312, and -313 airplanes;
all MSNs, if modified in-service as specified in Airbus Service
Bulletin A340-25-4181, or in production with Airbus Modification
50014.
    (3) Model A340-541 airplanes and Model A340-642 airplanes; all
MSNs.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by reports of chafed wiring at the upper
left corner of the cockpit door. The affected wire bundle was not
grounded on the cockpit door frame. We are issuing this AD to
prevent electrical shock injury to persons contacting the cockpit
door.

(f) Compliance

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

(g) Door Modification and Installation

    Within 24 months after the effective date of this AD, modify the
cockpit door frame structure and install bonding-leads to the upper
cockpit door frame, in accordance with the Accomplishment
Instructions of the applicable service information identified in
paragraphs (g)(1), (g)(2), and (g)(3) of this AD.
    (1) Airbus Service Bulletin A330-25-3534, Revision 02, dated May
18, 2015.
    (2) Airbus Service Bulletin A340-25-4349, Revision 02, dated
September 4, 2015.
    (3) Airbus Service Bulletin A340-25-5212, Revision 01, dated
October 27, 2014.

(h) Cover Plate Modification of the Upper Flight Deck Door

    Except for airplanes on which Airbus Modification 52869 or
Modification 53292 has been embodied in production: Prior to or
concurrently with accomplishing the actions required by paragraph
(g) of this AD, modify the upper cockpit door plate cover, in
accordance with the Accomplishment Instructions of the applicable
service information identified in paragraphs (h)(1), (h)(2), and
(h)(3) of this AD.
    (1) For configuration 1 airplanes identified in Airbus Service
Bulletin A330-25-3534, Revision 02, dated May 18, 2015: Airbus
Service Bulletin A330-25-3213, Revision 01, dated April 25, 2005.
    (2) For airplanes identified in Airbus Service Bulletin A340-25-
4349, Revision 02, dated September 4, 2015: Airbus Service Bulletin
A340-25-4217, Revision 01, dated April 25, 2005.
    (3) For airplanes identified in Airbus Service Bulletin A340-25-
5212, Revision 01, dated October 27, 2014: Airbus Service Bulletin
A340-25-5046, Revision 02, dated February 5, 2007.

(i) Additional Concurrent Action for Certain Airplanes

    Prior to or concurrently with accomplishing the actions required
by paragraph (g) of this AD: For configuration 1 airplanes
identified in Airbus Service Bulletin A330-25-3534, Revision 02,
dated May 18, 2015, install the noise-reduced cockpit door locking
system (CDLS), in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A330-25-3254, Revision 02, dated December
13, 2004.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Airbus Service Bulletin A330-25-
3534, Revision 01, dated October 23, 2014; or Airbus Service
Bulletin A340-25-4349, Revision 01, dated October 27, 2014, as
applicable. These service bulletins are not incorporated by
reference in this AD.
    (2) This paragraph provides credit for actions required by
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using the applicable service information
specified in paragraphs (j)(2)(i) through (j)(2)(iv) of this AD.
This service information is not incorporated by reference in this
AD.
    (i) Airbus Service Bulletin A330-25-3213, dated October 12,
2004.
    (ii) Airbus Service Bulletin A340-25-4217, dated October 12,
2004.
    (iii) Airbus Service Bulletin A340-25-5046, dated October 12,
2004.
    (iv) Airbus Service Bulletin A340-25-5046, Revision 01, dated
May 11, 2005.
    (3) This paragraph provides credit for actions required by
paragraph (i) of this AD, if those actions were performed before the
effective date of this AD using Airbus Service Bulletin A330-25-
3254, dated October 25, 2004; or Airbus Service Bulletin A330-25-
3254, Revision 01, dated December 3, 2004. This service information
is not incorporated by reference in this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2015-0037, dated March 2, 2015,
for related information. This MCAI may be found in the AD docket on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2015-3631.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 20, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-13049 Filed 6-3-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Rules and Regulations]
[Pages 3569-3570]
[FR Doc No: 2018-01171]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31176; Amdt. No. 3784]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective January 26, 2018. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of January 26, 2018.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedure
Standards Branch (AFS-420)Flight Technologies and Procedures Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained on FAA form documents is
unnecessary.
    This amendment provides the affected CFR sections, and specifies
the SIAPs and Takeoff Minimums and ODPs with their applicable effective
dates. This amendment also identifies the airport and its location, the
procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Procedures (TERPS). In developing these changes to SIAPs and Takeoff
Minimums and ODPs, the TERPS criteria were applied only to specific
conditions existing at the affected airports. All SIAP amendments in
this rule have been previously issued by the FAA in a FDC NOTAM as an
emergency action of immediate flight safety relating directly to
published aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on January 12, 2018.
John S. Duncan,
Director, Flight Standards Service.

Adoption of The Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, part 97, (14 CFR part 97), is amended by
amending Standard Instrument Approach Procedures and Takeoff Minimums
and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
      AIRAC Date           State              City                 Airport          FDC No.      FDC Date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-Mar-18.............  CO             Greeley.............  Greeley-Weld County.       7/0041     12/27/17  ILS OR LOC/DME RWY 35, Amdt 3.
1-Mar-18.............  MS             Gulfport............  Gulfport-Biloxi Intl       7/0124       1/3/18  RNAV (GPS) RWY 36, Amdt 2.
1-Mar-18.............  MS             Gulfport............  Gulfport-Biloxi Intl       7/0125       1/3/18  RNAV (GPS) RWY 18, Amdt 2.
1-Mar-18.............  OR             Ontario.............  Ontario Muni........       7/0542       1/9/18  NDB RWY 33, Amdt 6.
1-Mar-18.............  ME             Eastport............  Eastport Muni.......       7/0546     12/27/17  RNAV (GPS) RWY 15, Amdt 1.
1-Mar-18.............  CO             Greeley.............  Greeley-Weld County.       7/0992     12/27/17  RNAV (GPS) RWY 35, Amdt 1.
1-Mar-18.............  SC             Allendale...........  Allendale County....       7/1027     12/27/17  RNAV (GPS) RWY 35, Orig-A.
1-Mar-18.............  OH             Lima................  Lima Allen County...       7/1170       1/9/18  RNAV (GPS) RWY 28, Amdt 2A.
1-Mar-18.............  CA             Van Nuys............  Van Nuys............       7/1257       1/9/18  VOR-B, Amdt 4.
1-Mar-18.............  MN             Hinckley............  Field Of Dreams.....       7/1674       1/9/18  RNAV (GPS) RWY 6, Orig.
1-Mar-18.............  MN             Hinckley............  Field Of Dreams.....       7/1678       1/9/18  RNAV (GPS) RWY 24, Orig.
1-Mar-18.............  OH             Upper Sandusky......  Wyandot County......       7/1878     12/27/17  VOR-A, Amdt 3C.
1-Mar-18.............  OK             Muskogee............  Davis Field.........       7/2894     12/27/17  Takeoff Minimums and Obstacle DP, Orig.
1-Mar-18.............  TX             La Grange...........  Fayette Rgnl Air           7/3087     12/27/17  RNAV (GPS) RWY 16, Amdt 2A.
                                                             Center.
1-Mar-18.............  TX             La Grange...........  Fayette Rgnl Air           7/3088     12/27/17  RNAV (GPS) RWY 34, Amdt 2A.
                                                             Center.
1-Mar-18.............  CO             Greeley.............  Greeley-Weld County.       7/4146     12/27/17  VOR-A, Amdt 10.
1-Mar-18.............  CO             Greeley.............  Greeley-Weld County.       7/4186     12/27/17  RNAV (GPS) RWY 28, Amdt 1.
1-Mar-18.............  CO             Greeley.............  Greeley-Weld County.       7/4191     12/27/17  RNAV (GPS) RWY 17, Amdt 1.
1-Mar-18.............  CO             Greeley.............  Greeley-Weld County.       7/4201     12/27/17  RNAV (GPS) RWY 10, Amdt 1A.
1-Mar-18.............  MN             Thief River Falls...  Thief River Falls          7/5050     12/29/17  VOR RWY 31, Amdt 8C.
                                                             Rgnl.
1-Mar-18.............  MS             Oxford..............  University-Oxford...       7/6703       1/9/18  RNAV (GPS) RWY 27, Amdt 1.
1-Mar-18.............  OH             Cambridge...........  Cambridge Muni......       7/6941     12/27/17  RNAV (GPS) RWY 22, Orig-C.
1-Mar-18.............  OH             Cambridge...........  Cambridge Muni......       7/6942     12/27/17  RNAV (GPS) RWY 4, Orig-C.
1-Mar-18.............  MN             Mc Gregor...........  Isedor Iverson......       7/8234     12/27/17  RNAV (GPS) RWY 32, Orig.
1-Mar-18.............  NY             New York............  Laguardia...........       7/9835     12/27/17  RVAV (GPS) Y RWY 22, Amdt 2C.
1-Mar-18.............  NY             New York............  Laguardia...........       7/9836     12/27/17  ILS OR LOC RWY 22, ILS RWY 22 (SA CAT I AND
                                                                                II), Amdt 21.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-01171 Filed 1-25-18; 8:45 a.m.]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Notices]
[Pages 18314-18315]
[FR Doc No: 2023-06344]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-OAR-2023-0182; FRL-10800-01-R9]

Adequacy Status of Motor Vehicle Emissions Budgets in 2008 8-Hour
Ozone Extreme Area and Reasonable Further Progress Plan for Coachella
Valley; California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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SUMMARY: The Environmental Protection Agency (EPA) is notifying the
public that we have found motor vehicle emissions budgets (``budgets'')
for the Coachella Valley adequate for transportation conformity
purposes. Specifically, our finding relates to budgets in the ``Request
to Reclassify Coachella Valley for the 2008 8-hour Ozone Standard and
the Updated Motor Vehicle Emission Budgets'' (``Coachella Valley
Extreme RFP Plan''), submitted to the EPA for inclusion in the
California state implementation plan (SIP) by the California Air
Resources Board (CARB) on December 7, 2022. Upon the effective date of
this notice of adequacy, the Southern California Association of
Governments (SCAG) and the U.S. Department of Transportation must use
these budgets in future transportation conformity analyses.

DATES: This finding is effective April 12, 2023.

FOR FURTHER INFORMATION CONTACT: Karina O'Connor, Planning Section
(ARD-2-1), Air and Radiation Division, EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105;<PHONE_NUMBER> or
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or
``our'' refer to the EPA.
    This notice is simply an announcement of a finding that we have
already made. By letter dated March 17, 2023, EPA Region IX notified
CARB that the budgets in the Coachella Valley Plan for the reasonable
further progress (RFP) years of 2023, 2026, 2029, and 2031 are adequate
for transportation conformity purposes.\1\ The finding is available at
the EPA's conformity website.\2\
---------------------------------------------------------------------------

    \1\ Letter dated March17, 2023, from Elizabeth Adams, Director,
Air and Radiation Division, EPA Region IX, to Steven S. Cliff,
Executive Officer, CARB.
    \2\ https://www.epa.gov/state-and-local-transportation/conformity-adequacy-review-region-9.
---------------------------------------------------------------------------

    We announced the availability of the Coachella Valley Extreme RFP
Plan and related RFP motor vehicle emissions budgets on the EPA's
transportation

conformity website on December 21, 2022 and requested comments by
January 20, 2023. We received no comments in response to the adequacy
review posting. The motor vehicle emissions budgets that we have found
adequate are provided in the following table:

  Adequate Motor Vehicle Emissions Budgets for the Coachella Valley for
                     the 2008 8-Hour Ozone Standard
                                  [tpd]
------------------------------------------------------------------------
                                                         Ozone precursor
                         Year                          -----------------
                                                          VOC      NOX
------------------------------------------------------------------------
2023..................................................      2.7      6.0
2026..................................................      2.5      5.8
2029..................................................      2.3      5.8
2031..................................................      2.2      5.7
------------------------------------------------------------------------

    Transportation conformity is required by Clean Air Act section
176(c). The EPA's conformity rule requires that transportation plans,
transportation improvement programs, and transportation projects
conform to a state's SIP and establishes the criteria and procedures
for determining whether or not they conform. Conformity to a SIP means
that transportation activities will not produce new air quality
violations, worsen existing violations, or delay timely attainment of
the national ambient air quality standards.
    The criteria we use to determine whether a SIP's motor vehicle
emissions budgets are adequate for conformity purposes are outlined in
40 CFR 93.118(e)(4), promulgated on August 15, 1997.\3\ We further
described our process for determining the adequacy of submitted SIP
budgets in our final rule dated July 1, 2004,\4\ and we used the
information in these resources in making our adequacy determination.
Please note that an adequacy review is separate from the EPA's
completeness review and does not prejudge the EPA's ultimate action on
the SIP submittal. Even if we find a budget adequate, the SIP submittal
could later be disapproved. Pursuant to 40 CFR 93.104(e), SCAG and the
U.S. Department of Transportation will need to demonstrate conformity
to the new budgets within two years of the effective date of this
notice.\5\ For demonstrating conformity to the new budgets, the on-road
motor vehicle emissions from implementation of the transportation plan
or program for the area should be projected consistent with the
budgets, i.e., by taking the emissions results derived from CARB's
EMFAC model (short for EMission FACtor) and then rounding the emissions
up to the nearest tenth of a ton per day.
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    \3\ 62 FR 43780, 43781-43783.
    \4\ 69 FR 40004, 40038-40047.
    \5\ See 73 FR 4420 (January 24, 2008).
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    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 22, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-06344 Filed 3-27-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2316-2317]
[FR Doc No: 2018-00585]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0355; FMCSA-2015-0325]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 3
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on November 5, 2017. The
exemptions expire on November 5, 2019. Comments must be received on or
before February 15, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2015-0355; FMCSA-2015-0325;
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or 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., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    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 http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the five-year period. FMCSA
grants exemptions from the FMCSRs for a two-year period to align with
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to driver a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    49 CFR 391.41(b)(11) was adopted in 1970, with a revision in 1971
to allow drivers to be qualified under this standard while wearing a
hearing aid,

35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).
    The 3 individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in 49 CFR 391.41(b)(11), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

III. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the 3
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 3 drivers in this notice
remain in good standing with the Agency. In addition, for Commercial
Driver's License (CDL) holders, the Commercial Driver's License
Information System (CDLIS) and the Motor Carrier Management Information
System (MCMIS) are searched for crash and violation data. For non-CDL
holders, the Agency reviews the driving records from the State Driver's
Licensing Agency (SDLA). These factors provide an adequate basis for
predicting each driver's ability to continue to safely operate a CMV in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each of these drivers for a period of two years is likely
to achieve a level of safety equal to that existing without the
exemption.
    As of November 5, 2017 and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 3 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers: Lawrence F. Cogar, (WA); Albert
Foster (IL); and Daniel Harnish, (OR).
    The drivers were included in docket numbers FMCSA-2015-0355 and
FMCSA-2015-0325. Their exemptions are applicable as of November 5,
2017, and will expire on November 5, 2019.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in 49
CFR 390.5; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR part 383 and 49 CFR 391 to FMCSA;
and (3) each driver prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing requirements. Each exemption will be valid for two years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1) The person fails to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136(e) and 31315.

V. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 3 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the hearing
requirement in 49 CFR 391.41 (b)(11). In accordance with 49 U.S.C.
31136(e) and 31315, each exemption will be valid for two years unless
revoked earlier by FMCSA.

    Issued on: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00585 Filed 1-12-18; 8:45 am]
 BILLING CODE 4910-EX-P