[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Rules and Regulations]
[Pages 37959-37961]
[FR Doc No: 2019-16573]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0203; Product Identifier 2018-CE-052-AD; Amendment
39-19689; AD 2019-14-11]
RIN 2120-AA64

Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Diamond Aircraft Industries GmbH Model DA 42 NG and Model DA 42
M-NG airplanes. This AD results from mandatory continuing airworthiness
information (MCAI) issued by an aviation authority of another country
to identify and correct an unsafe condition on an aviation product. The
unsafe condition in the MCAI is insufficient clearance of the gust lock
mounts on the pilot side rudder pedals. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective September 9, 2019.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 9,
2019.

ADDRESSES:  For service information identified in this final rule,
contact Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-
2700 Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622
26780; email<EMAIL_ADDRESS>internet: http://www.diamondaircraft.com. You may view this referenced service
information at the FAA, Policy and Innovation Division, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available on
the internet at http://www.regulations.gov by searching for Docket No.
FAA-2019-0203.

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-2019-
0203; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M 30, West Building Ground Floor,
Room W12 140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Diamond
Aircraft Industries GmbH Model DA 42 NG and Model DA 42 M-NG airplanes.
The NPRM published in the Federal Register on April 2, 2019 (84 FR
12532). The NPRM proposed to require removing the left-hand pilot
rudder pedal gust lock mounts and revising the airplane flight manual.
The NPRM was based on MCAI originated by the European Aviation Safety
Agency (EASA), which is the Technical Agent for the Member States of
the European Community. The MCAI states:

    During production check-out of two DA 42 NG aeroplanes, it was
noticed that, with the adjustable rudder pedals in full forward
position, the gust lock mounts slightly touched the canopy gas
spring damper. The subsequent investigation found that this was due
to an unfavourable combination of production tolerances on these two
aeroplanes. [Diamond Aircraft Industries GmbH] DAI determined that
other aeroplanes of the same build standard (configuration) may also
be affected.
    This condition, if not corrected, could lead to restricted
rudder travel, possibly resulting in reduced control of the
aeroplane.
    Prompted by these findings, DAI published the [mandatory service
bulletin] MSB, providing modification instructions to remove the
gust lock mounts on the pilot (left-hand, LH) side rudder pedals to
ensure sufficient clearance, regardless of production tolerances and
rudder pedal position.
    For the reason described above, this [EASA] AD requires
implementation of a temporary revision (TR) to the applicable
Airplane Flight Manual (AFM) and a modification, removing the pilot
(LH) side rudder pedal gust lock mounts.

The MCAI can be found in the AD docket on the internet at https://www.regulations.gov/document?D=FAA-2019-0203-0002.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no

comments on the NPRM or on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Diamond Aircraft Temporary Revision TR-M[Auml]M
42-1097 Gustlock on Co-Pilot Side only, Doc. #7.01.15-E, dated July 18,
2018 (TR-MAM 42-1097), which contains amended figures related to the
gust lock belt. The FAA also reviewed Diamond Aircraft Industries GmbH
Work Instruction WI-MSB 42NG-077, dated August 20, 2018, which contains
procedures for removing the pilot (LH) side rudder pedal gust lock
mounts and specifies inserting a copy of TR-MAM 42-1097 into the AFM.
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.

Other Related Service Information

    The FAA also reviewed Diamond Mandatory Service Bulletin MSB 42NG-
077, dated August 20, 2018, which specifies complying with the most
recent issue of Work Instruction WI-MSB 42NG-077.

Costs of Compliance

    The FAA estimates that this AD will affect 53 products of U.S.
registry. The FAA also estimates that it will take about 1 work-hour
per product to comply with the removal of the pilot side rudder pedal
gust lock mounts and to insert copy of TR-MAM 42-1097 into the AFM. The
average labor rate is $85 per work-hour. Required parts will cost about
$10 per product.
    Based on these figures, the FAA estimates the cost of this AD on
U.S. operators to be $5,035, or $95 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated appliances to the Director of the Policy and Innovation
Division.

Regulatory Findings

    The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 airworthiness
directive (AD):

2019-14-11 Diamond Aircraft Industries GmbH: Amendment 39-19689;
Docket No. FAA-2019-0203; Product Identifier 2018-CE-052-AD.

(a) Effective Date

    This AD is effective September 9, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries GmbH (Diamond)
Model DA 42 NG and Model DA 42 M-NG airplanes, serial numbers
42.N202, 42.N203, 42.N205 through 42.N207, 42.N210 through 42.N214,
42.N229 through 42.N338, 42.N340, 42.MN055, 42.MN057, and 42.MN058,
certificated in any category.

(d) Subject

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

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The unsafe condition reported by the MCAI is insufficient
clearance of the gust lock mounts on the pilot side rudder pedals.
The FAA is issuing this AD to prevent restricted rudder travel,
which could result in reduced control of the airplane.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs
(f)(1) and (2) of this AD.
    (1) Within the next 100 hours time-in-service after September 9,
2019 (the effective date of this AD):
    (i) Remove the pilot (left-hand) side rudder pedal gust lock
mounts in accordance with steps 1 through 5 of the Instructions in
Diamond Aircraft Industries GmbH Work Instruction WI-MSB 42NG-077,
dated August 20, 2018.
    (ii) Revise the airplane flight manual (AFM) by adding the
figures on page 8-11a of Diamond Aircraft Temporary Revision TR-
M[Auml]M 42-1097 Gustlock on Co-Pilot Side only, Doc. #7.01.15-E,
dated July 18, 2018, into Chapter 8 of the AFM.
    (2) As of September 9, 2019 (the effective date of this AD), do
not install on any airplane a pilot (left-hand) side rudder pedal
gust lock mount.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, Small Airplane Standards Branch, 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: Mike
Kiesov, Aerospace Engineer, FAA, Small Airplane Standards Branch,
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816)
329-4144; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2018-0214, dated October 4, 2018; and Diamond Mandatory Service
Bulletin MSB 42NG-077, dated August 20, 2018, for related
information. You may examine the MCAI on the internet at https://www.regulations.gov/document?D=FAA-2019-0203-0002. Service
information related to this final rule is available at the address
in paragraph (i)(3) of this AD.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Diamond Aircraft Industries GmbH Work Instruction WI-MSB
42NG-077, dated August 20, 2018.
    (ii) Diamond Aircraft Temporary Revision TR-M[Auml]M 42-1097
Gustlock on Co-Pilot Side only, Doc. #7.01.15-E, dated July 18,
2018.
    (3) For Diamond Aircraft Industries GmbH service information
identified in this AD, contact Diamond Aircraft Industries GmbH,
N.A. Otto-Stra[szlig]e 5, A-2700 Wiener Neustadt, Austria,
telephone: +43 2622 26700; fax: +43 2622 26780; email:
<EMAIL_ADDRESS>internet: http://www.diamondaircraft.com.
    (4) You may view this service information at the FAA, Policy and
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on July 19, 2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation
Division, AIR-601.
[FR Doc. 2019-16573 Filed 8-2-19; 8:45 am]
 BILLING CODE 4910-13-P


MEMORANDUM - DRAFT

DATE:	April 25, 2007

SUBJECT:	Summary of the Thunder Creek FB-1156 Compressor Station

	Spotted Horse, Wyoming Compressor Engines Test Report

FROM:	Lucy Adams

Alpha-Gamma Technologies, Inc.

TO:		Jaime Pagán, EPA Energy Strategies Group

This memorandum summarizes the June 12, 2002, test report for eight
natural gas fueled reciprocating compressor engines at the Thunder Creek
FB-1156 Compressor Station.  The compressor station is located in
Section 11, Township 55 North, Range 76 West, approximately 9 miles
northwest of Spotted Horse, in Campbell County, Wyoming.  This test
report was submitted to Docket ID Number EPA-HQ-OAR-2002-0059 and can be
found in that docket as Document ID Number 0590.

The FB-1156 Compressor Station has two (2) 1,340 horsepower (hp) 3516LE
Caterpillar lean burn compressor engines, five (5) 586 hp 3412LE
Caterpillar lean burn compressor engines, and one 1,390 hp 7042GSI
Waukesha rich burn compressor engines. The engines are four-stroke
natural gas-fired engines.  This station compresses field gas for
transmission through pipelines.

These tests were undertaken as part of the annual performance test to
demonstrate compliance with formaldehyde emission limits, annual
nitrogen oxides (NOx) and carbon monoxide (CO) monitoring for the
Caterpillar 3412LE compressor engines, and the quarterly monitoring
requirements for the Waukesha 7042 GSI engine.

Test results for NOx and CO are presented in Table 1, and test results
for formaldehyde are presented in Table 2.  Testing at this site used
EPA Methods 1, 2C, 3, 4, 7E, 10, and 19.  The formaldehyde tests used
acetylacetone (Celanese method CL 8-4) and Fourier Transform Infrared
(FTIR) test methods.  The test report did not indicate that performance
testing was conducted for total hydrocarbons or volatile organic
compounds.

Table 1: NOx and CO Test Results

Unit	Test Date	NOx Tested

(g/hp-hr)	CO Tested

(g/hp-hr)	CO Destruction Efficiency (%)

FB A, Caterpillar 3516LE	6/11/02	0.86	0.12	89

FB B, Caterpillar 3516LE	6/11/02	0.93	0.20	86

FB D, Waukesha 7042GSI	6/11/02	0.94	0.71	NT

SC A, Caterpillar 3412LE	6/11/02	0.56	0.38	83

SC B, Caterpillar 3412LE	6/12/02	0.34	0.36	85

SC C, Caterpillar 3412LE	6/12/02	0.83	0.42	86

SC D, Caterpillar 3412LE	6/12/02	0.88	0.39	87

SC E, Caterpillar 3412LE	6/12/02	0.74	0.41	82

NT:  Not Tested

Table 2: Formaldehyde Test Results

Unit	Test Date	Celanese Run 1A (g/hp-hr)	Celanese Run 1B (g/hp-hr)
Average Celanese

(g/hp-hr)	FTIR Testing

(g/hp-hr)

FB A, Caterpillar 3516LE	6/11/02	0.008	0.01	0.009	0.01

FB B, Caterpillar 3516LE	6/11/02	0.01	0.08	0.08	0.02

FB D, Waukesha 7042GSI	6/11/02	0.006	0.006	0.006	0.01

SC A, Caterpillar 3412LE	6/11/02	0.05	0.06	0.055	0.05

SC B, Caterpillar 3412LE	6/12/02	0.05	0.006	0.05	0.02

SC C, Caterpillar 3412LE	6/12/02	0.09	0.03	0.06	0.02

SC D, Caterpillar 3412LE	6/12/02	0.12	0.13	0.12	0.02

SC E, Caterpillar 3412LE	6/12/02	0.18	0.08	0.13	0.02

 PAGE

 PAGE   1


[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Notices]
[Pages 71962-71963]
[FR Doc No: 2011-29929]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14245-000]

 KC Hydo LLC of New Hampshire; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On August 5, 2011, KC Hydo LLC of New Hampshire filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Pittsfield Mill Dam Hydropower Project (Pittsfield Mill Dam Project or
project) to be located on Suncook River, near the Town of Pittsfield,
Merrimack County, New Hampshire. The sole purpose of a preliminary
permit, if issued, is to grant the permit holder priority to file a
license application during the permit term. A preliminary permit does
not authorize the permit holder to perform any land-disturbing
activities or otherwise enter upon lands or waters owned by others
without the owners' express permission.
    The proposed project would consist of the following: (1) The
existing 470-foot-long, 16-foot-high Pittsfield Mill dam, which is
owned by the New Hampshire Department of Environmental Services and
includes a 159-foot-long ogee spillway; (2) an existing 20 acre
impoundment with 112 acre-feet of storage capacity at the spillway
crest elevation of 474.5 feet mean sea level

(MSL); (3) a newly constructed powerhouse; (4) new electrical
generating equipment with total hydraulic capacity of 423 cubic feet
per second (cfs) and total installed generating capacity of 0.530
megawatts connected to a rehabilitated 96-inch- diameter penstock; (5)
rehabilitated intake gate structure and trash racks; (6) a newly
excavated 100-foot-long tailrace; (7) an approximately 200-foot-long
transmission line; and (8) appurtenant facilities. The estimated annual
generation of the Pittsfield Mill Dam Project would be 2.120 gigawatt-
hours (GWH).
    Applicant Contact: Ms. Kelly Sackheim, Principal, KC Hydro LLC of
New Hampshire, 5096 Cocoa Palm Way, Fair Oaks, CA 95628; phone: (301)
401-5978.
    FERC Contact: John Ramer; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site 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_ADDRESS>or toll free at 1-(866) 208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14245-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: November 10, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-29929 Filed 11-18-11; 8:45 am]
BILLING CODE 6717-01-P


substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. This action does not apply on any Indian
reservation land, any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction, or non-reservation areas of
Indian country. Thus, Executive Order 13175 does not apply to this
action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per

the definition of ``covered regulatory action'' in section 2-202 of the
Executive Order. This action is not subject to Executive Order 13045
because it merely proposes to disapprove a SIP submission as not
meeting the CAA.

H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income
or indigenous populations. This action merely proposes to disapprove a
SIP submission as not meeting the CAA.

K. CAA Section 307(b)(1)

    Section 307(b)(1) of the CAA governs judicial review of final
actions by the EPA. This section provides, in part, that petitions for
review must be filed in the D.C. Circuit: (i) When the agency action
consists of ``nationally applicable regulations promulgated, or final
actions taken, by the Administrator,'' or (ii) when such action is
locally or regionally applicable, if ``such action is based on a
determination of nationwide scope or effect and if in taking such
action the Administrator finds and publishes that such action is based
on such a determination.'' For locally or regionally applicable final
actions, the CAA reserves to the EPA complete discretion whether to
invoke the exception in (ii).\66\
---------------------------------------------------------------------------

    \66\ In deciding whether to invoke the exception by making and
publishing a finding that an action is based on a determination of
nationwide scope or effect, the Administrator takes into account a
number of policy considerations, including his judgment balancing
the benefit of obtaining the D.C. Circuit's authoritative
centralized review versus allowing development of the issue in other
contexts and the best use of agency resources.
---------------------------------------------------------------------------

    If the EPA takes final action on this proposed rulemaking, the
Administrator intends to exercise the complete discretion afforded to
him under the CAA to make and publish a finding that the final action
(to the extent a court finds the action to be locally or regionally
applicable) is based on a determination of ``nationwide scope or
effect'' within the meaning of CAA section 307(b)(1). Through this
rulemaking action (in conjunction with a series of related actions on
other SIP submissions for the same CAA obligations), the EPA interprets
and applies section 110(a)(2)(d)(i)(I) of the CAA for the 2015 ozone
NAAQS based on a common core of nationwide policy judgments and
technical analysis concerning the interstate transport of pollutants
throughout the continental U.S. In particular, the EPA is applying here
(and in other proposed actions related to the same obligations) the
same, nationally consistent 4-step framework for assessing good
neighbor obligations for the 2015 8-hour ozone NAAQS. The EPA relies on
a single set of updated, 2016-base year photochemical grid modeling
results of the year 2023 as the primary basis for its assessment of air
quality conditions and contributions at Steps 1 and 2 of that
framework. Further, the EPA proposes to determine and apply a set of
nationally consistent policy judgments to apply the 4-step framework.
The EPA has selected a nationally uniform analytic year (2023) for this
analysis and is applying a nationally uniform approach to nonattainment
and maintenance receptors and a nationally uniform approach to
contribution threshold analysis.\67\
---------------------------------------------------------------------------

    \67\ A finding of nationwide scope or effect is also appropriate
for actions that cover states in multiple judicial circuits. In the
report on the 1977 Amendments that revised section 307(b)(1) of the
CAA, Congress noted that the Administrator's determination that the
``nationwide scope or effect'' exception applies would be
appropriate for any action that has a scope or effect beyond a
single judicial circuit. See H.R. Rep. No. 95-294 at 323, 324,
reprinted in 1977 U.S.C.C.A.N. 1402-03.
---------------------------------------------------------------------------

    For these reasons, the Administrator intends, if this proposed
action is finalized, to exercise the complete discretion afforded to
him under the CAA to make and publish a finding that this action is
based on one or more determinations of nationwide scope or effect for
purposes of CAA section 307(b)(1).\68\
---------------------------------------------------------------------------

    \68\ The EPA may take a consolidated, single final action on all
of the proposed SIP disapproval actions with respect to obligations
under CAA section 110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS.
Should EPA take a single final action on all such disapprovals, this
action would be nationally applicable, and the EPA would also
anticipate, in the alternative, making and publishing a finding that
such final action is based on a determination of nationwide scope or
effect.
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List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone.

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

    Dated: February 7, 2022
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2022-02952 Filed 2-18-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Notices]
[Page 34877]
[FR Doc No: 2023-11504]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4539-DR; Docket ID FEMA-2023-0001]

Washington; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Washington (FEMA-4539-DR), dated April 23, 2020, and
related determinations.

DATES: This change occurred on March 27, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Andrew P.
Meyer, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of David R. Gervino as
Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-11504 Filed 5-30-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Pages 82109-82111]
[FR Doc No: 2010-32728]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63592; File No. SR-BX-2010-090]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
BOX Trading Rules To Permit Trading Options on Leveraged (Multiple or
Inverse) Exchange-Traded Notes and Broaden the Definition of ``Futures-
Linked Securities''

December 21, 2010.
    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 December 15, 2010, NASDAQ OMX BX, Inc. (the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Chapter IV, Section 3 (Criteria for
Underlying Securities) of the Rules of the Boston Options Exchange
Group, LLC (``BOX'') to: (a) Permit trading options on leveraged
(multiple or inverse) exchange-traded notes, and (b) broaden the
definition of ``Futures-Linked Securities.'' The text of the proposed
rule change is available from the principal office of the Exchange, at
the Commission's Public Reference Room and also on the Exchange's
Internet Web site at http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.

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

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

1. Purpose
    The purpose of the proposed rule change is to amend Chapter IV,
Section 3(k) of the BOX Rules, titled Index-Linked Securities, to: (a)
Permit trading options on leveraged (multiple or inverse) exchange-
traded notes (``ETNs''), and (b) broaden the definition of ``Futures-
Linked Securities.'' ETNs are also known as ``Index-Linked
Securities,'' which are designed for investors who desire to
participate in a specific market segment by providing exposure to one
or more identifiable underlying securities, commodities, currencies,
derivative instruments or market indexes of the foregoing. Index-Linked
Securities are the non-convertible debt of an issuer that have a term
of at least one (1) year but not greater than thirty (30) years.
Despite the fact that Index-Linked Securities are linked to an
underlying index, each trades as a single, exchange-listed security.
Accordingly, rules pertaining to the listing and trading of standard
equity options apply to Index-Linked Securities.
Leveraged ETN Options
    The Exchange proposes to amend Chapter IV, Section 3(k) of the BOX
Rules to permit the listing of options on leveraged (multiple or
inverse) ETNs. Multiple leveraged ETNs seek to provide investment
results that correspond to a specified multiple of the percentage
performance on a given day of a particular Reference Asset. Inverse
leveraged ETNs seek to provide investment results that correspond to
the inverse (opposite) of the percentage performance on a given day of
a particular Reference Asset by a specified multiple. Multiple
leveraged ETNs and inverse leveraged ETNs differ from traditional ETNs
in that they do not merely correspond to the performance of a given
Reference Asset, but rather attempt to match a multiple or inverse of a
Reference Asset's performance.
    The Barclays Long B Leveraged S&P 500 TR ETN (``BXUB''), the
Barclays Long C Leveraged S&P 500 TR ETN (``BXUC'') and the UBS AG 2x
Monthly Leveraged Long Exchange Traded Access Securities (``E-TRACS'')
linked to the Alerian MLP Infrastructure Index due July 9, 2040
(``MLPL'') currently trade on the NYSE Arca Stock Exchange and are
examples of multiple leveraged ETNs. In addition, the Barclays ETN +
Inverse S&P 500 VIX Short-Term Futures ETN (``XXV'') currently trades
on the NYSE Arca Stock Exchange and is an example of an inverse
leveraged ETN. The NYSE Arca Stock Exchange also lists several other
inverse leveraged ETNs for trading.\3\
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    \3\ These ETNs include: the Barclays Short B Leveraged Inverse
S&P 500 TR ETN (``BXDB''), the Barclays Short C Leveraged Inverse
S&P 500 TR ETN (``BXDC'') and the Barclays Short D Leveraged Inverse
S&P 500 TR ETN (``BXDD'').
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    Currently, Chapter IV, Section 3(k) of the BOX Rules provides that
securities deemed appropriate for options trading shall include shares
or other securities (``Equity Index-Linked Securities,'' ``Commodity-
Linked Securities,'' ``Currency-Linked Securities,'' ``Fixed Income
Index-Linked Securities,'' ``Futures-Linked Securities,'' and
``Multifactor Index-Linked Securities,'' collectively known as ``Index-
Linked Securities'') that are principally traded on a national
securities exchange and an ``NMS Stock'' (as defined in Rule 600 of
Regulation NMS under the Securities Exchange Act of 1934), and
represent ownership of a security that provides for the payment at
maturity, as described below:
     Equity Index-Linked Securities are securities that provide
for the payment at maturity of a cash amount based on the performance
of an underlying index or indexes of equity securities (``Equity
Reference Asset'');
     Commodity-Linked Securities are securities that provide
for the payment at maturity of a cash amount based on the performance
of one or more physical commodities or commodity futures, options on
commodities, or other commodity derivatives or Commodity-Based Trust
Shares or a basket or index of any of the foregoing (``Commodity
Reference Asset'');
     Currency-Linked Securities are securities that provide for
the payment at maturity of a cash amount based on the performance of
one or more currencies, or options on currencies or currency futures or
other currency derivatives or Currency Trust Shares (as defined in
Subsection (i) of this Section 3), or a basket or index of any of the
foregoing (``Currency Reference Asset'');
     Fixed Income Index-Linked Securities are securities that
provide for the payment at maturity of a cash amount based on the
performance of one or more notes, bonds, debentures or evidence of
indebtedness that include, but are not limited to, U.S. Department of
Treasury securities (``Treasury Securities''), government-sponsored
entity securities (``GSE Securities''), municipal securities, trust
preferred

securities, supranational debt and debt of a foreign country or
subdivision thereof or a basket or index of any of the foregoing
(``Fixed Income Reference Asset'');
     Futures-Linked Securities are securities that provide for
the payment at maturity of a cash amount based on the performance of an
index of (a) futures on Treasury Securities, GSE Securities,
supranational debt and debt of a foreign country or subdivision
thereof, or options or other derivatives on any of the foregoing; or
(b) interest rate futures or options or derivatives on the foregoing in
this subparagraph (b); or (c) CBOE Volatility Index (VIX) Futures
(``Futures Reference Asset''); and
     Multifactor Index-Linked Securities are securities that
provide for the payment at maturity of a cash amount based on the
performance of any combination of two or more Equity Reference Assets,
Commodity Reference Assets, Currency Reference Assets, Fixed Income
Reference Assets, or Futures Reference Assets (``Multifactor Reference
Asset'').
    For purposes of Chapter IV, Section 3(k) of the BOX Rules, Equity
Reference Assets, Commodity Reference Assets, Currency Reference
Assets, Fixed Income Reference Assets, Futures Reference Assets
together with Multifactor Reference Assets, collectively are referred
to as ``Reference Assets.''
    In addition, [sic] Index-Linked Securities must meet the criteria
and guidelines for underlying securities set forth in Chapter IV,
Section 3(b) of the BOX Rules; or (ii) the Index-Linked Securities must
be redeemable at the option of the holder at least on a weekly basis
through the issuer at a price related to the applicable underlying
Reference Asset. In addition, the issuing company is obligated to issue
or repurchase the securities in aggregation units for cash, or cash
equivalents, satisfactory to the issuer of Index-Linked Securities
which underlie the option as described in the Index-Linked Securities
prospectus.
    The Exchange proposes to amend Chapter IV, Section 3(k) of the BOX
Rules to expand the type of Index-Linked Securities that may underlie
options to include leveraged (multiple or inverse) ETNs. To affect this
change, the Exchange proposes to amend Chapter IV, Section 3(k) of the
BOX Rules at subparagraph (i) by adding the phrase, ``or the leveraged
(multiple or inverse) performance'' to each of the subparagraphs ((1)
through (6)) in that section which set forth the different eligible
Reference Assets.
    The Exchange's current continuing listing standards for ETN options
will continue to apply. Specifically, under Chapter IV, Section 4(k) of
the BOX Rules, ETN options shall not be deemed to meet the Exchange's
requirements for continued approval, and the Exchange shall not open
for trading any additional series of option contracts of the class
covering such Securities whenever the underlying Securities are
delisted and trading in the Securities is suspended on a national
securities exchange, or the Securities are no longer an ``NMS Stock''
(as defined in Rule 600 of Regulation NMS under the Securities Exchange
Act of 1934). In addition, the Exchange shall consider the suspension
of opening transactions in any series of options of the class covering
Index-Linked Securities in any of the following circumstances: (1) The
underlying Index-Linked Security fails to comply with the terms of
Chapter IV, Section 3(k), (2) in accordance with the terms of Chapter
IV, Section 4(b), in the case of options covering Index-Linked
Securities when such options were approved pursuant to Chapter IV,
Section 3(k), except that, in the case of options covering Index-Linked
Securities approved pursuant to Chapter IV, Section 3(k)(iii)(2), that
are redeemable at the option of the holder at least on a weekly basis,
then option contracts of the class covering such Securities may only
continue to be open for trading as long as the Securities are listed on
a national securities exchange and are ``NMS'' stock as defined in Rule
600 of Regulation NMS; (3) in the case of any Index-Linked Security
trading pursuant to Chapter IV, Section 3(k), the value of the
Reference Asset is no longer calculated; or (4) such other event shall
occur or condition exist that in the opinion of the Exchange make
further dealing in such options on BOX inadvisable. Expanding the
eligible types of ETNs for options trading under Chapter IV, Section
3(k) of the BOX Rules will not have any effect on the rules pertaining
to position and exercise limits \4\ or margin.\5\
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    \4\ See Chapter XIV, Section 5 (Position Limits for Broad-Based
Index Options) Section 6 (Position Limits for Industry Index
Options) and Section 8 (Exercise Limits) of the BOX Rules.
    \5\ See Chapter XIII concerning Margin Requirements.
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    This proposal is necessary to enable the Exchange to list and trade
on BOX options on shares of the BXUB, BXUC, XXV, BXDB, BXDC, BXDD and
the MLPL. BOX believes the ability to trade options on leveraged
(multiple or inverse) ETNs will provide investors with greater risk
management tools. The proposed amendment to the Exchange's listing
criteria for options on ETNs is necessary to ensure that the Exchange
will be able to list options on the above listed leveraged (multiple
and inverse) ETNs as well as other leveraged (multiple and inverse)
ETNs that may be introduced in the future.
    The Exchange represents that its existing surveillance procedures
applicable to trading in options are adequate to properly monitor the
trading in leveraged (multiple and inverse) ETN options.
    It is expected that The Options Clearing Corporation will seek to
revise the Options Disclosure Document (``ODD'') to accommodate the
listing and trading of leveraged (multiple and inverse) ETN options.
Broaden the Definition of ``Futures-Linked Securities''
    The second change being proposed by this filing is to amend the
definition of ``Futures-Linked Securities'' set forth in Chapter IV,
Section 3(k)(i)(5) of the BOX Rules. Currently, the definition of
``Futures-Linked Securities'' is limited to securities that provide for
the payment at maturity of a cash amount based on the performance of an
index of (a) futures on Treasury Securities, GSE Securities,
supranational debt and debt of a foreign country or a subdivision
thereof, or options or other derivatives on any of the foregoing; or
(b) interest rate futures or options or derivatives on the foregoing in
this subparagraph (b); or (c) CBOE Volatility Index (VIX) Futures.
    Chapter IV, Section 3(k) of the BOX Rules sets forth generic
listing criteria for securities that may serve as underlyings for
listed options trading. BOX believes that the current definition of
``Futures-Linked Securities'' is unnecessarily restrictive and requires
the Exchange to submit a filing to amend the definition each time a new
ETN is issued that tracks the performance of an index of futures/
options on futures that is not enumerated in the existing rule. To
address this issue, the Exchange is proposing to revise the definition
of ``Futures- Linked Securities'' to provide that they are securities
that provide for the payment at maturity of a cash amount based on the
performance or the leveraged (multiple or inverse) performance of an
index or indexes of futures contracts or options or derivatives on
futures contracts (``Futures Reference Asset''). BOX notes that all
ETNs eligible for options trading must be principally traded on a
national securities exchange and must be an ``NMS Stock.'' As a result,
BOX believes that broadening the definition of

``Futures-Linked Securities'' by no longer specifically listing the
types of futures and options on futures contracts that may be tracked
by an ETN is appropriate.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\6\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\7\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The Exchange believes that the
proposed rules applicable to trading pursuant to generic listing and
trading criteria serve to foster investor protection.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

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 comments on the
proposed rule change.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has fulfilled this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange requests that the Commission waive
the 30-day operative delay so that the Exchange can list and trade
options on leveraged (multiple or inverse) ETNs and implement the
amended definition of ``Futures-Linked Securities'' immediately. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public
interest.\10\ The Commission notes the proposal is substantively
identical to a proposal that was recently approved by the Commission,
and does not raise any new regulatory issues.\11\ For these reasons,
the Commission designates the proposed rule change as operative upon
filing.
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    \10\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \11\ See Securities Exchange Act Release No. 63202 (October 28,
2010), 75 FR 67794 (November 3, 2010) (SR-CBOE-2010-080).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-BX-2010-090 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2010-090. 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange.\12\ All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2010-090 and should be
submitted on or before January 19, 2011.
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    \12\ The text of the proposed rule change is available on the
Commission's Web site at www.sec.gov.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-32728 Filed 12-28-10; 8:45 am]
BILLING CODE 8011-01-P