[Federal Register: January 11, 2011 (Volume 76, Number 7)]
[Rules and Regulations]
[Page 1513-1514]
[DOCID:fr11ja11-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0843; Airspace Docket No. 10-ASW-12]

Amendment of Class E Airspace; Horseshoe Bay, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace for Horseshoe Bay, TX.
Decommissioning of the Horseshoe Bay Resort non-directional beacon
(NDB) at Horseshoe Bay Resort Airport, Horseshoe Bay, TX, has made this
action necessary to enhance the safety and management of Instrument
Flight Rule (IFR) operations at the airport.

DATES: Effective date 0901 UTC, March 10, 2011. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On October 27, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace for Horseshoe
Bay, TX, reconfiguring controlled airspace at Horseshoe Bay Resort
Airport (75 FR 66013) Docket No. FAA-2010-0843. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received. Class E
airspace designations are published in paragraph 6005 of FAA Order
7400.9U dated August 18, 2010, and effective September 15, 2010, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designations

listed in this document will be published subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace for the Horseshoe Bay, TX area.
Decommissioning of the Horseshoe Bay Resort NDB and cancellation of the
NDB approach at Horseshoe Bay Resort Airport has made this action
necessary for the safety and management of IFR operations at the
airport. This action also reflects the name change of the airport from
Horseshoe Bay Airpark to Horseshoe Bay Resort Airport.
    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.
Therefore, this regulation: (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. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Horseshoe Bay Resort Airport,
Horseshoe Bay, TX.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, dated August 18, 2010, and effective September 15,
2010 is amended as follows:

* * * * *

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

ASW TX E5 Austin, Horseshoe Bay Resort Airport, TX [Amended]

Horseshoe Bay Resort Airport, TX
    (Lat. 30[deg]31'37'' N., long. 98[deg]21'32'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Horseshoe Bay Resort Airport.

    Issued in Fort Worth, Texas, on December 21, 2010.
Roger M. Trevino,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2011-205 Filed 1-10-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 28, 2005 (Volume 70, Number 187)]
[Notices]
[Page 56671]
[DOCID:fr28se05-104]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER05-1288-000]

Wheelabrator North Andover, Inc.; Notice of Issuance of Order

September 16, 2005.
    Wheelabrator North Andover, Inc. (Wheelabrator) filed an
application for market-based rate authority, with an accompanying rate
tariff. The proposed rate tariff provides for the sales of capacity and
energy at market-based rates. Wheelabrator also requested waiver of
various Commission regulations. In particular, Wheelabrator requested
that the Commission grant blanket approval under 18 CFR part 34 of all
future issuances of securities and assumptions of liability by
Wheelabrator.
    On September 14, 2005, pursuant to delegated authority, the
Director, Division of Tariffs and Market Development--South, granted
the request for blanket approval under part 34. The Director's order
also stated that the Commission would publish a separate notice in the
Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard or to protest
the blanket approval of issuances of securities or assumptions of
liability by Wheelabrator should file a motion to intervene or protest
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, 385.214
(2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protests is October 14, 2005.
    Absent a request to be heard in opposition by the deadline above,
Wheelabrator is authorized to issue securities and assume obligations
or liabilities as a guarantor, indorser, surety, or otherwise in
respect of any security of another person; provided that such issuance
or assumption is for some lawful object within the corporate purposes
of Wheelabrator, compatible with the public interest, and is reasonably
necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approval of Wheelabrator's issuances of securities or
assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5212 Filed 9-27-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: April 6, 2010 (Volume 75, Number 65)]
[Rules and Regulations]
[Page 17295-17297]
[DOCID:fr06ap10-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0357; Directorate Identifier 2010-CE-017-AD;
Amendment 39-16256; AD 2010-08-01]
RIN 2120-AA64

Airworthiness Directives; Aircraft Industries a.s. Model L 23
Super Blanik Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

    Cracks on the stabilizer elevator inner hinges of seven L 23
SUPERBLAN[Iacute]K sailplanes have been detected during an
inspection.
    This condition, if not corrected, could result in no longer
retaining the elevator in place and in jamming of the Pilot's
elevator control system, and subsequent loss of elevator control.

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

DATES: This AD becomes effective April 26, 2010.
    On April 26, 2010, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.
    We must receive comments on this AD by May 21, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The 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: Greg Davison, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Emergency AD No.: 2010-0037-E, dated March 8, 2010 (referred to after
this as ``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    Cracks on the stabilizer elevator inner hinges of seven L 23
SUPERBLAN[Iacute]K sailplanes have been detected during an
inspection.
    This condition, if not corrected, could result in no longer
retaining the elevator in place and in jamming of the Pilot's
elevator control system, and subsequent loss of elevator control.
    For the reasons stated above, this Emergency AD requires the
inspection of the elevator inner hinges, and the accomplishment of
the relevant corrective actions as necessary.

    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Aircraft Industries a.s. has issued Mandatory Bulletin MB No.: L23/
052a, dated March 2, 2010. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.
    This AD is considered an interim action because we are not
including the action that you repetitively inspect the elevator inner
hinges on the stabilizer at intervals not to exceed every 1,000 hours
time-in-service (TIS). The Administrative Procedure Act does not permit
the FAA to ``bootstrap'' a long-term requirement into an urgent safety
of flight action where the rule becomes effective at the same time the
public has the opportunity to comment. The short-term action and the
long-term action are analyzed separately for justification to bypass
prior public notice.
    After issuing this AD, we may initiate further AD action (notice of
proposed rulemaking followed by a final rule) to require that you
repetitively inspect the elevator inner hinges on the stabilizer at
intervals not to exceed every 1,000 hours TIS. Credit will be given in
any subsequent action for the initial inspection done under this AD.

Differences Between This AD and the MCAI or Service Information

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

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to

the flying public justifies waiving notice and comment prior to
adoption of this rule because during inspection, cracks have been found
on the stabilizer elevator inner hinges of seven Model L 23 Super
Blanik gliders. This condition, if not corrected, could result in no
longer retaining the elevator in its place and in jamming of the
elevator control system and subsequent loss of elevator control.
Therefore, we determined that notice and opportunity for public comment
before issuing this AD are impracticable and that good cause exists for
making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2010-0357; Directorate
Identifier 2010-CE-017-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-08-01 Aircraft Industries a.s.: Amendment 39-16256; Docket No.
FAA-2010-0357; Directorate Identifier 2010-CE-017-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April
26, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models L 23 Super Blanik gliders, all
serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 55:
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Cracks on the stabilizer elevator inner hinges of seven L 23
SUPERBLAN[Iacute]K sailplanes have been detected during an
inspection.
    This condition, if not corrected, could result in no longer
retaining the elevator in place and in jamming of the Pilot's
elevator control system, and subsequent loss of elevator control.
    For the reasons stated above, this Emergency AD requires the
inspection of the elevator inner hinges, and the accomplishment of
the relevant corrective actions as necessary.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Before further flight as of April 26, 2010 (the effective
date of this AD), inspect the elevator inner hinges on the
stabilizer in accordance with paragraphs A.1., A.2. and A.4. of
Aircraft Industries, a.s. Mandatory Bulletin MB No.: L23/052a, dated
March 2, 2010.
    (2) If, as a result of the inspection required by paragraph
(f)(1) of this AD, you find any elevator inner hinge on the elevator
is cracked or damaged, before further flight, replace it in
accordance with paragraphs A.3. and A.4. of Aircraft Industries,
a.s. Mandatory Bulletin MB No.: L23/052a, dated March 2, 2010.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows:
    (1) The MCAI and the service information specify that you
inspect the elevator inner hinges on the stabilizer, and if you find
any elevator inner hinge on the elevator is cracked or damaged,
before further flight, replace it. The MCAI also requires you to
repetitively inspect the elevator inner hinges on the stabilizer at
intervals not to exceed every 1,000 hours time-in-service (TIS).
    (2) This AD is considered an interim action because we are not
including the mandatory repetitive inspection of the elevator inner
hinges on the stabilizer at intervals not to exceed every 1,000
hours TIS. The Administrative Procedure Act does not permit the FAA
to ``bootstrap'' a long-term requirement into an urgent safety of
flight action where the rule becomes effective at the same time the
public has the opportunity to comment. The short-term action and the
long-term action are analyzed separately for justification to bypass
prior public notice.
    (3) After issuing this AD, we may initiate further AD action
(notice of proposed rulemaking followed by a final rule) to require
that you repetitively inspect the elevator inner hinges on the
stabilizer at intervals not to exceed every 1,000 hours TIS. Credit
will be given in any subsequent action for the initial inspection
done under this AD.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to

ATTN: Greg Davison, Aerospace Engineer, FAA, Small Airplane
Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
appropriate principal inspector (PI) in the FAA Flight Standards
District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et. seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI EASA Emergency AD No.: 2010-0037-E, dated
March 8, 2010, and Aircraft Industries, a.s. Mandatory Bulletin MB
No.: L23/052a, dated March 2, 2010, for related information.

Material Incorporated by Reference

    (i) You must use Aircraft Industries, a.s. Mandatory Bulletin MB
No.: L23/052a, dated March 2, 2010, to do the actions required by
this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Aircraft Industries, a.s.--Na z[aacute]honech1177, 686 04 Kunovice,
Czech Republic; telephone: +420 572 817 660; fax: +420 572 816 112;
E-mail<EMAIL_ADDRESS>Internet: www.let.cz.
    (3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, Missouri, on March 29, 2010.
Steven R. Thompson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-7591 Filed 4-5-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Notices]
[Pages 38391-38394]
[FR Doc No: 2012-15667]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0007; Notice 1]

Mercedes-Benz USA, LLC, and Daimler AG (DAG), Receipt of Petition
for Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of petition.

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SUMMARY: Mercedes-Benz USA, LLC \1\ (MBUSA) and its parent company
Daimler AG (DAG)(collectively referred to as ``MB'') have determined
that certain model year 2011 and 2012 Mercedes-Benz S-Class (221
platform) passenger cars do not fully comply with paragraph S4.4 TPMS
Malfunction of Federal Motor Vehicle Safety Standard (FMVSS) No. 138,
Tire Pressure Monitoring Systems. MB has filed an appropriate report
pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility
and Reports (dated September 30, 2011).
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    \1\ Mercedes-Benz USA, LLC, and Daimler AG are motor vehicle
manufacturers and importers. Mercedes-Benz USA, LLC is a limited
liability company organized under the laws of Delaware. Daimler AG
is organized under the laws of Germany.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR Part 556), MB has petitioned for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety.
    This notice of receipt of MB's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    Vehicles involved: Affected are approximately 4,769 model year 2011
and 2012 Mercedes-Benz S-Class (221 platform) passenger cars that were
produced from March 2011 through August 2011.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, these provisions
only apply to the

subject 4,769 \2\ Mercedes-Benz S-Class passenger cars that MB no
longer controlled at the time it determined that the noncompliance
existed.
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    \2\ MB's petition, which was filed under 49 CFR Part 556,
requests an agency decision to exempt MB as motor vehicle
manufacturers from the notification and recall responsibilities of
49 CFR Part 573 for 4,769 of the affected motor vehicles. However, a
decision on this petition cannot relieve motor vehicle distributors
and dealers of the prohibitions on the sale, offer for sale,
introduction or delivery for introduction into interstate commerce
of the noncompliant motor vehicles under their control after MB
notified them that the subject noncompliance existed.
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    Rule text: Paragraph S4.4 of FMVSS No. 138 requires in pertinent
part:
    S4.4 TPMS malfunction.
    (a) The vehicle shall be equipped with a tire pressure
monitoring system that includes a telltale that provides a warning
to the driver not more than 20 minutes after the occurrence of a
malfunction that affects the generation or transmission of control
or response signals in the vehicle's tire pressure monitoring
system. The vehicle's TPMS malfunction indicator shall meet the
requirements of either S4.4(b) or S4.4(c).
    (b) Dedicated TPMS malfunction telltale. The vehicle meets the
requirements of S4.4(a) when equipped with a dedicated TPMS
malfunction telltale that:
    (1) Is mounted inside the occupant compartment in front of and
in clear view of the driver;
    (2) Is identified by the word ``TPMS'' as described under the
``Tire Pressure Monitoring System Malfunction'' Telltale in Table 1
of Standard No. 101 (49 CFR 571.101);
    (3) Continues to illuminate the TPMS malfunction telltale under
the conditions specified in S4.4(a) for as long as the malfunction
exists, whenever the ignition locking system is in the ``On''
(``Run'') position; and
    (4) (i) Except as provided in paragraph (ii), each dedicated
TPMS malfunction telltale must be activated as a check of lamp
function either when the ignition locking system is activated to the
``On'' (``Run'') position when the engine is not running, or when
the ignition locking system is in a position between ``On''
(``Run'') and ``Start'' that is designated by the manufacturer as a
check position.
    (ii) The dedicated TPMS malfunction telltale need not be
activated when a starter interlock is in operation.
    (c) Combination low tire pressure/TPMS malfunction telltale. The
vehicle meets the requirements of S4.4(a) when equipped with a
combined Low Tire Pressure/TPMS malfunction telltale that:
    (1) Meets the requirements of S4.2 and S4.3; and
    (2) Flashes for a period of at least 60 seconds but no longer
than 90 seconds upon detection of any condition specified in S4.4(a)
after the ignition locking system is activated to the ``On''
(``Run'') position. After each period of prescribed flashing, the
telltale must remain continuously illuminated as long as a
malfunction exists and the ignition locking system is in the ``On''
(``Run'') position. This flashing and illumination sequence must be
repeated each time the ignition locking system is placed in the
``On'' (``Run'') position until the situation causing the
malfunction has been corrected. Multiple malfunctions occurring
during any ignition cycle may, but are not required to, reinitiate
the prescribed flashing sequence.

    Noncompliance: MB described the noncompliances as follows:
    In the subject vehicles, the tire pressure monitoring system
malfunction indicator required by [paragraph] S4.4 of [FMVSS No. 138]
may not illuminate in the manner required by FMVSS [No.] 138 due to a
software misprogramming that occurred in a limited number of vehicles.
When the system detects a malfunction (specifically, a missing or
faulty wheel sensor signal in 1, 2 or 3 wheels), the malfunction
indicator is activated within the required monitoring interval, but is
activated continuously, rather than initially flashing for 60-90
seconds as required by [paragraph] S4.4(c)(2).
    In addition, in a situation where all four wheel sensors/signals
are missing, the subject programming will initially display the
required warning, but will not automatically display it on subsequent
restarts as required by [paragraph] S4.4(b)(3). This is because the
system assumes that the owner has replaced the wheels which contain
[Tire Pressure Monitoring System] TPMS sensors with wheels which do not
contain sensors. In this situation, the driver will initially get a
dedicated malfunction message indicating that the tire pressure
monitoring system is inoperative, and that there are ``No Wheel
Sensors.'' On subsequent restarts, this message is still accessible in
the TPMS menu, but it does not automatically appear in the instrument
cluster.
    MB'S ANALYSIS OF THE NONCOMPLIANCES: Absence of Flashing
``Malfunction'' Telltale: The failure of the malfunction telltale to
flash in the subject vehicles has no negative impact on safety because
the additional supplemental data in the subject vehicles addresses the
underlying purpose of the flashing requirement, and more than
compensates for the absence of an initial flashing.
    In developing the TPMS regulations, MB believes that NHTSA
recognized that flashing of the TPMS malfunction warning should not be
required for all vehicles and TPMS systems, depending on the
distinctiveness and level of information contained in the malfunction
indicator warning. The subject vehicles use one of the telltale symbols
specified for ``combination'' telltales (the vehicle icon) when 1, 2 or
3 wheel sensors are missing or malfunctioning. Because this particular
symbol is used, the vehicle is technically required to comply with the
``combination low pressure/TPMS malfunction'' telltale requirements of
FMVSS No. 138 paragraph S4.4(c), which requires initial flashing,
rather than the ``dedicated TPMS malfunction'' telltale requirement,
which does not require initial flashing. Accordingly, under FMVSS No.
138 paragraph S4.4(c), this ``combination'' malfunction indicator is
required to flash for 60-90 seconds upon initial illumination to notify
the driver that the vehicle symbol stands for a system malfunction, as
opposed to a low inflation pressure situation. Given the clear message
conveyed by the warning in the subject vehicles, even without flashing,
a driver would always understand whether his vehicle had a malfunction
issue on the one hand, or a low tire pressure situation on the other.
    The requirements for ``dedicated'' malfunction telltales at FMVSS
No. 138 paragraph S4.4(b) do not require any flashing of the telltale
upon initial detection of a fault or malfunction because the agency
recognized that malfunction indicator telltales with sufficiently clear
or distinct information alerting the driver to a problem with the
function of their TPMS, as opposed to a low tire inflation pressure,
did not need to flash in order to adequately alert the driver to a
problem with the system.
    The subject vehicles provide significantly more information than
the minimum level required by the regulations for either dedicated or
combination warnings. On the subject vehicles, additional text messages
specifying the issue in clear terms appear at the same time that the
required telltale appears. Specifically, the subject vehicles display
the text message ``Wheel Sensor(s) Missing'' to alert the driver to a
malfunction, in addition to simply displaying the vehicle icon required
by the regulations as the minimum notification.
    This text message, which expressly states that there is a system
malfunction, is much more effective at conveying important safety
information than relying on owners to review the owner's manual, and
understand the distinction between a steady or flashing symbol with no
words. In addition to the words expressly stating what the issue is
(``Wheel Sensor(s) Missing''), the vehicle depicts an aerial view of a
car with the actual tire pressure in each tire on the dashboard. In
addition to the text, where a wheel sensor is missing or malfunctioning
in up to 3 wheels, a

blank with two dashes appears next to the faulty wheel in lieu of a
numeric pressure display, and the word ``Service'' is illuminated in
the bottom of the display. Because the TPMS system in the subject
vehicles provide significantly more than the minimum level of
information, it does not rely on the difference between steady
illumination and flashing to provide information on the type of TPMS
issue to the driver.
    In summary, MB believes that the regulations require only a
flashing vehicle symbol to signal a system malfunction. The subject
vehicles display a steady vehicle symbol, plus the following four
additional pieces of information, which directly communicate the
specific nature of the system malfunction: (1) The actual tire pressure
on each wheel with a sensor; (2) two blank dashes next to a wheel with
faulty sensors/signals; (3) the word ``Service'' on the bottom of the
display; and (4) a clear text message expressly stating that there is a
missing wheel sensor. Because the subject vehicles contain this
supplemental information, the failure to initially flash the vehicle
symbol due to a programming error in a limited number of vehicles has
an inconsequential impact on safety.
    Malfunction Involving All Four Wheel Sensors: Where all four wheel
sensors are missing or inoperative, the subject vehicles utilize a
dedicated warning that displays a clear and concise malfunction message
that informs the driver clearly and precisely about what is wrong with
the vehicle. However, this dedicated malfunction indicator will not re-
illuminate upon subsequent drive cycles or after being manually cleared
from the instrument cluster because the system assumes that the wheels
have been replaced, and that continued notice of this unique situation
is not needed. While the message is always available when the driver
manually scrolls through the TPMS menu, the message does not continue
to illuminate whenever the vehicle is ``on'' as required by FMVSS No.
138 paragraph S4.4(b)(3).
    This functionality has an inconsequential impact on motor vehicle
safety. In any situation where all four sensors fail while driving, the
warning will always illuminate as required. The failure to activate on
subsequent drive cycles is only an issue where all four wheel sensors/
signals are missing from the beginning of a given drive cycle. The only
situation in which all four wheel sensors would be removed would be
where an owner goes to considerable effort to remove all four wheels
(for example to replace the standard wheels with snow tires). In such a
situation, the owner would be well aware that the wheels with sensors
had been removed, and there would be no need to continually repeat the
warning at each vehicle restart.
    Similarly, although it is theoretically possible for all four wheel
sensors to fail simultaneously, MB is not aware of any such failures in
the field. The probability of such a situation occurring is virtually
impossible. For example, one single sensor has a less than 100 ppm per
year probability of failure. The likelihood of all four sensors failing
within the same year is thus less than 0.00000001 ppm (or
1*10-16). In addition, to create the noncompliance scenario,
all four sensors would need to fail at the same time, not just within
the same year, thus further reducing the probability even more. A much
more likely malfunction scenario would be where one (or in a very
unlikely situation two) sensor signal fails in sequence, which would
provide the operator with repeated warnings of the need to repair the
wheel sensors upon each vehicle restart. In fact, this functionality is
identical to the warning system for four missing wheel sensor signals
used in Europe and in the rest of the world, where it has been
determined to provide an adequate level of warning and motor vehicle
safety.
    In addition, the TPMS regulations recognize that there are certain
circumstances where a TPMS warning may be manually cleared or reset by
the owner and removed from the instrument cluster, even though the
underlying condition still remains. The situation in subject vehicles
is analogous.
    Finally, MB believe that as with the absence of flashing discussed
above, the subject vehicles display an initial notification of the loss
of four wheel sensors that provides significantly more information than
the minimum regulatory requirement. Where a dedicated malfunction
telltale is used, the regulations allow the vehicle, as a minimum level
of compliance, to simply display the abbreviation ``TPMS'' in yellow
with no flashing. In the subject vehicles, rather than display a simple
abbreviation, which would require the use of the owner's manual to
determine that the message indicated a malfunction (as opposed to a low
tire pressure situation, for example), the display specifically states
that the ``Tire pressure monitor'' is ``inoperative,'' and more
specifically that ``No wheel sensors'' are detected. With this enhanced
level of information and clarity, it is not necessary for this
particular message to repeat upon each vehicle re-start, especially
given how rare this unique situation would be in actual use. For each
of these reasons, this technical noncompliance does not represent a
``significant safety risk.''
    In summation, MB believes that the described noncompliance of its
vehicles is inconsequential to motor vehicle safety, and that its
petition, to exempt from providing recall notification of noncompliance
as required by 49 U.S.C. 30118 and remedying the recall noncompliance
as required by 49 U.S.C. 30120 should be granted.
    Comments: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and be
submitted by any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date

indicated below will be filed and will be considered. All comments and
supporting materials received after the closing date will also be filed
and will be considered to the extent possible. When the petition is
granted or denied, notice of the decision will be published in the
Federal Register pursuant to the authority indicated below.

DATES: Comment closing date: July 27, 2012.

    Authority: (49 U.S.C. 30118, 30120: Delegations of authority at
CFR 1.50 and 501.8)

    Issued on: June 20, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-15667 Filed 6-26-12; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Rules and Regulations]
[Pages 14828-14831]
[FR Doc No: 2017-05747]

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

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-8471]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at https://www.fema.gov/national-flood-insurance-program-community-status-book.

DATES: The effective date of each community's scheduled suspension is
the third date (``Susp.'') listed in the third column of the following
tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact Patricia Suber, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 400 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of

1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood
insurance unless an appropriate public body adopts adequate floodplain
management measures with effective enforcement measures. The
communities listed in this document no longer meet that statutory
requirement for compliance with program regulations, 44 CFR part 59.
Accordingly, the communities will be suspended on the effective date in
the third column. As of that date, flood insurance will no longer be
available in the community. We recognize that some of these communities
may adopt and submit the required documentation of legally enforceable
floodplain management measures after this rule is published but prior
to the actual suspension date. These communities will not be suspended
and will continue to be eligible for the sale of NFIP flood insurance.
A notice withdrawing the suspension of such communities will be
published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. FEMA has determined that the
community suspension(s) included in this rule is a non-discretionary
action and therefore the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) does not apply.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.
    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for Part 64 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6   [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                Effective date
                                                authorization/
                                  Community     cancellation of    Current effective map   Date certain Federal
      State and location             No.         sale of flood             date            assistance no longer
                                                 insurance in                               available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region II

New York:
    Butternut, Town of, Otsego        361247  May 13, 1977,       March 21, 2017........  March 21, 2017
     County.                                   Emerg; October
                                               21, 1983, Reg;
                                               March 21, 2017,
                                               Susp.
    Decatur, Town of, Otsego          361417  February 4, 1976,   * ......do............   Do.
     County.                                   Emerg; June 18,
                                               1987 Reg; March
                                               21, 2017, Susp.
    Edmeston, Town of, Otsego         361270  September 30,       ......do..............   Do.
     County.                                   1975, Emerg; June
                                               1, 1987 Reg;
                                               March 21, 2017,
                                               Susp.
    Exeter, Town of, Otsego           361418  May 13, 1977,       ......do..............   Do.
     County.                                   Emerg; November
                                               18, 1983 Reg;
                                               March 21, 2017,
                                               Susp.
    Hartwick, Town of, Otsego         361271  May 13, 1977,       ......do..............   Do.
     County.                                   Emerg; November
                                               4, 1983 Reg;
                                               March 21, 2017,
                                               Susp.
    Milford, Town of, Otsego          361274  January 16, 1976,   ......do..............   Do.
     County.                                   Emerg; May 19,
                                               1987 Reg; March
                                               21, 2017, Susp.
    Oneonta, City of, Otsego          360667  February 2, 1973,   ......do..............   Do.
     County.                                   Emerg; September
                                               29, 1978 Reg;
                                               March 21, 2017,
                                               Susp.
    Otego, Town of, Otsego            361284  September 19,       ......do..............   Do.
     County.                                   1977, Emerg;
                                               February 4, 1987
                                               Reg; March 21,
                                               2017, Susp.
    Pittsfield, Town of,              361277  May 13, 1977,       ......do..............   Do.
     Otsego County.                            Emerg; November
                                               4, 1983 Reg;
                                               March 21, 2017,
                                               Susp.

    Springfield, Town of,             361280  May 5, 1976,        ......do..............   Do.
     Otsego County.                            Emerg; June 1,
                                               1987 Reg; March
                                               21, 2017, Susp.
    Unadilla, Town of, Otsego         361281  January 2, 1976,    ......do..............   Do.
     County.                                   Emerg; September
                                               30, 1987 Reg;
                                               March 21, 2017,
                                               Susp.
    Worcester, Town of, Otsego        361283  January 26, 1977,   ......do..............   Do.
     County.                                   Emerg; June 1,
                                               1988 Reg; March
                                               21, 2017, Susp.
          Region III

Pennsylvania:
    Brokenstraw, Township of,         422115  December 15, 1972,  ......do..............   Do.
     Warren County.                            Emerg; July 17,
                                               1978 Reg; March
                                               21, 2017, Susp.
    Buckingham, Township of,          420985  January 15, 1974,   ......do..............   Do.
     Bucks County.                             Emerg; March 15,
                                               1979 Reg; March
                                               21, 2017, Susp.
    Centre, Township of Berks         421056  October 4, 1977,    ......do..............   Do.
     County.                                   Emerg; December
                                               16, 1980 Reg;
                                               March 21, 2017,
                                               Susp.
    Chalfont, Borough of,             420184  February 25, 1972,  ......do..............   Do.
     Bucks County.                             Emerg; December
                                               28, 1976 Reg;
                                               March 21, 2017,
                                               Susp.
    Doylestown, Borough of,           421410  February 17, 1977,  ......do..............   Do.
     Bucks County.                             Emerg; June 1,
                                               1984 Reg; March
                                               21, 2017, Susp.
    Doylestown, Township of,          420185  December 22, 1972,  ......do..............   Do.
     Bucks County.                             Emerg; September
                                               29, 1978 Reg;
                                               March 21, 2017,
                                               Susp.
    Falls, Township of, Bucks         420188  July 21, 1972,      ......do..............   Do.
     County.                                   Emerg; September
                                               30, 1980 Reg;
                                               March 21, 2017,
                                               Susp.
    Farmington, Township of,          422120  May 18, 1977,       ......do..............   Do.
     Warren County.                            Emerg; May 15,
                                               1985 Reg; March
                                               21, 2017, Susp.
    Freehold, Township of,            422121  May 3, 1979,        ......do..............   Do.
     Warren County.                            Emerg; August 5,
                                               1985 Reg; March
                                               21, 2017, Susp.
    Heidelberg, Township of,          421069  March 7, 1977,      ......do..............   Do.
     Berks County.                             Emerg; May 3,
                                               1990 Reg; March
                                               21, 2017, Susp.
    Limestone, Township of,           422547  February 28, 1977,  ......do..............   Do.
     Warren County.                            Emerg; June 1,
                                               1987 Reg; March
                                               21, 2017, Susp.
    Lower Heidelberg, Township        421077  July 18, 1975,      ......do..............   Do.
     of, Berks County.                         Emerg; August 16,
                                               1982 Reg; March
                                               21, 2017, Susp.
    Lower Southampton,                420192  September 15,       ......do..............   Do.
     Township of, Bucks County.                1972, Emerg;
                                               March 15, 1977
                                               Reg; March 21,
                                               2017, Susp.
    Mead, Township of, Warren         422123  October 3, 1975,    ......do..............   Do.
     County.                                   Emerg; November
                                               4, 1988 Reg;
                                               March 21, 2017,
                                               Susp.
    Middletown, Township of,          420193  October 6, 1972,    ......do..............   Do.
     Bucks County.                             Emerg; December
                                               4, 1979 Reg;
                                               March 21, 2017,
                                               Susp.
    New Britain, Borough of,          420986  December 6, 1973,   ......do..............   Do.
     Bucks County.                             Emerg; April 2,
                                               1979 Reg; March
                                               21, 2017, Susp.
    Newtown, Township of,             421084  March 16, 1976,     ......do..............   Do.
     Bucks County.                             Emerg; December
                                               18, 1979 Reg;
                                               March 21, 2017,
                                               Susp.
    North Heidelberg, Township        421086  December 23, 1976,  ......do..............   Do.
     of, Berks County.                         Emerg; March 18,
                                               1983 Reg; March
                                               21, 2017, Susp.
    Pittsfield, Township of,          422125  February 18, 1976,  ......do..............   Do.
     Warren County.                            Emerg; August 1,
                                               1987 Reg; March
                                               21, 2017, Susp.
    Sheffield, Township of,           422126  June 1, 1976,       ......do..............   Do.
     Warren County.                            Emerg; December
                                               1, 1986 Reg;
                                               March 21, 2017,
                                               Susp.
    Triumph, Township of,             422550  October 19, 1979,   ......do..............   Do.
     Warren County.                            Emerg; February
                                               15, 1985 Reg;
                                               March 21, 2017,
                                               Susp.
    Upper Bern, Township of,          421118  May 8, 1979,        ......do..............   Do.
     Berks County.                             Emerg; November
                                               5, 1982 Reg;
                                               March 21, 2017,
                                               Susp.
    Upper Makefield, Township         420207  December 3, 1971,   ......do..............   Do.
     of, Bucks County.                         Emerg; October
                                               17, 1978 Reg;
                                               March 21, 2017,
                                               Susp.
    Watson, Township of,              422551  February 28, 1977,  ......do..............   Do.
     Warren County.                            Emerg; May 1,
                                               1985 Reg; March
                                               21, 2017, Susp.
           Region IV

Mississippi:
    Benoit, Town of, Bolivar,         280013  April 1, 1975,      ......do..............   Do.
     Bolivar County.                           Emerg; September
                                               4, 1985, Reg;
                                               March 21, 2017,
                                               Susp.
    Bolivar County,                   280011  May 4, 1973,        ......do..............   Do.
     Unincorporated Areas..                    Emerg; July 17,
                                               1989, Reg; March
                                               21, 2017, Susp.
    Cleveland, City of,               280016  May 18, 1973,       ......do..............   Do.
     Bolivar County.                           Emerg; September
                                               1, 1978, Reg;
                                               March 21, 2017,
                                               Susp.
    Renova, Town of, Bolivar          280065  July10, 2012,       ......do..............   Do.
     County.                                   Emerg; N/A, Reg;
                                               March 21, 2017,
                                               Susp.
    Shaw City of Bolivar              280023  April 1, 1974,      ......do..............   Do.
     County.                                   Emerg; June 3,
                                               1986, Reg; March
                                               21, 2017, Susp.

    Shelby, City of, Bolivar          280024  May 4, 1973;        ......do..............   Do.
     County.                                   September 27,
                                               1985; Reg; March
                                               21, 2017, Susp.
----------------------------------------------------------------------------------------------------------------
* ......do, Do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: March 15, 2017.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration, Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2017-05747 Filed 3-22-17; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44479-44480]
[FR Doc No: 2017-20216]

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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 FOIA Services, 100 F Street NE., Washington, DC
20549-2736

Extension:
    Rule 17Ab2-1, Form CA-1, SEC File No. 270-203, OMB Control No.
3235-0195

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (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 approval of extension of the
previously approved

collection of information provided for in Rule 17Ab2-1 (17 CFR
240.17Ab2-1) and Form CA-1: Registration of Clearing Agencies (17 CFR
249b.200) under the Securities Exchange Act of 1934 (``Exchange Act'')
(15 U.S.C. 78a et seq.).
    Rule 17Ab2-1 and Form CA-1 require clearing agencies to register
with the Commission and to meet certain requirements with regard to,
among other things, the clearing agency's organization, capacities, and
rules. The information is collected from the clearing agency upon the
initial application for registration on Form CA-1. Thereafter,
information is collected by amendment to the initial Form CA-1 when
changes in circumstances that render certain information on Form CA-1
inaccurate, misleading, or incomplete necessitate modification of the
information previously provided to the Commission.
    The Commission uses the information disclosed on Form CA-1 to (i)
determine whether an applicant meets the standards for registration set
forth in Section 17A of the Exchange Act, (ii) enforce compliance with
the Exchange Act's registration requirement, and (iii) provide
information about specific registered clearing agencies for compliance
and investigatory purposes. Without Rule 17Ab2-1, the Commission could
not perform these duties as statutorily required.
    The Commission staff estimates that the average Form CA-1 requires
approximately 130 hours to complete and submit for approval. This
burden is composed primarily of a one-time reporting burden that
reflects the applicant's staff time (i.e. internal labor costs) to
prepare and submit the Form to the Commission. This estimate includes
the burden associated with filing amendments to Form CA-1, which is
required when certain information contained in an applicant's or
registrant's Form CA-1 becomes inaccurate, misleading, or incomplete.
(The time burden related to preparing and submitting an amendment
widely varies depending on the nature of the information that needs to
be updated.) Since the Commission only receives an average of one
submission per year, the aggregate annual burden associated with
compliance with Rule 17Ab2-1 and Form CA-1 is 130 hours. The Commission
staff estimates that compliance staff work at applicant or registrant
clearing agencies to comply with Rule 17Ab2-1 and complete Form CA-1
will result in an internal cost of compliance, at an estimated hourly
wage of $283, of $36,790 per year per clearing agency (130 hours x $283
per hour = $36,790 per year). Therefore, the aggregate annual internal
cost of compliance for the approximately one clearing agency each year
to comply with Rule 17Ab2-1 is also $36,790. The external costs
associated with work on Form CA-1 include fees charged by outside
lawyers and accountants to assist the applicant or registrant collect
and prepare the information sought by the form (though such
consultations are not required by the Commission) and are estimated to
be approximately a total amount of $19,029 ($19,029 times one
registrant per year).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following Web site: www.reginfo.gov. Comments should
be directed to: (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 by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or by sending an
email to<EMAIL_ADDRESS>Comments must be submitted to OMB within
30 days of this notice.

    Dated: September 19, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-20216 Filed 9-21-17; 8:45 am]
 BILLING CODE 8011-01-P