MEMORANDUM

Date:
January 31, 2013

Subject:
Estimated Cost Impact for Mineral Wool Production Industry to Comply with Proposed Residual Risk and Technology Review (RTR) Amendments
Mineral Wool Production  RTR
RTI Project No. 0213199.001.007
From:
Dave Reeves, RTI International

To:
Susan Fairchild
OAQPS/SPPD/NRG (D243-02)
U.S. Environmental Protection Agency
Research Triangle Park, NC  27711

      The purpose of this memorandum is to present the estimated costs related to the mineral wool production source category for their processes and facilities to comply with the final RTR amendments and associated emission limits.

      I. BACKGROUND

Based on the information provided by the mineral wool production industry and their primary trade association, North American Insulation Manufacturers Association (NAIMA), there are currently 7 facilities in the U.S. producing mineral wool. We are now also aware of a new production facility planned for Byhalia, MS that is in the construction permit review stage and we have included it as part of the estimated cost impacts.  Based on the emissions test data provided by the industry, none of the existing facilities will have install additional control equipment to comply with the final rule requirements.

We estimate that all 8 of the mineral wool production facilities will incur additional testing costs to demonstrate compliance with the new carbonyl sulfide (COS), hydrochloric acid (HCl), and hydrofluoric acid (HF) emission limits for cupolas.   We also estimate that the 3 existing facilities with bonded product lines will incur additional testing costs to demonstrate compliance with the revised formaldehyde and new phenol and methanol emission limits that will apply to collection and curing operations combined.  We only have general information on the planned new facility but to estimate costs conservatively, we assume in this cost estimation that it would operate two cupolas and two bonded product lines that would be subject to the final limits of the rule. All of the new testing associated with the final rule requirements is based on a 5-year frequency.  Therefore, the initial (first year) testing costs were divided by 5 to come up with "annualized" testing costs.  Table 1 summarizes the above information and the associated cost impacts.

      II. COMPLIANCE TESTING COSTS
      Mr. Steffan Johnson of EPA's Measurement Policy Group provided the following estimates for compliance testing based on the test methods included in the final RTR amendments:

                                Emission Source
                                      HAP
                                     Test
                                    Method
                            Test Costs (in 2011 $)
                                  Test Freq-
                                     uency
                       Annualized Test Costs (in 2011 $)
                                    Comment

Cupola

COS

                                      318

                                    $14,000

                                 Every 5 years

                                    $2,800
             $12,000 for each additional test ($2,400 annualized)

HCl and HF
                           320 (add-on to M318 FTIR)

                                    $4,000

                                 Every 5 years

                                     $800

                        In addition to COS testing cost

Collection/ Curing  (combined)
Phenol and Methanol (already testing formaldehyde)

                                      318

                   $15,000 (combined phenol & methanol)

                                 Every 5 years

                                    $3,000
             $12,000 for each additional test  ($2,400 annualized)

Table 1.  Summary of Mineral Wool Production Facilities Costs to Comply with RTR Amendments

                                  Cupolas[a]
                          Combined Collection/Curing

                                       #
                                    Cupolas
                     Annualized (New) COS Testing Cost[b]

                                # Bonded Lines
                                  Annualized
                             (New) Testing Cost[c]

                                   Facility
                                   Location

                    Annualized (New) HCl/HF Testing Cost[b]

Total  Facility  Incremental Annualized (New) Costs
Industrial Insulation Group (IIG)

Phenix City, AL

                                       1
                                     2,800

                                      800
                                       1
                                     3,000
                                    $6,600
Thermafiber
Wabash IN

                                       2
                                     5,200
                                     1,600
                                       1
                                     3,000
                                    $9,800
USG Interiors
Red Wing, MN
                                       2
                                     5,200
                                     1,600
                                       0
                                       0
                                    $6,800
USG Interiors
Walworth, WI
                                       1
                                     2,800
                                      800
                                       0
                                       0
                                    $3,600
Amerrock Products
Nolanville, TX
                                       2
                                     5,200
                                     1,600
                                       0
                                       0
                                    $6,800
Isolatek Int'l
Huntington, IN
                                       2
                                     5,200
                                     1,600
                                       0
                                       0
                                    $6,800
Rock Wool Mfg
Leeds, AL
                                       1
                                     2,800
                                      800
                                       1
                                     3,000
                                    $6,600
Roxul USA

Byhalia, MS
                                       2
                                     5,200
                                     1,600
                                       2
                                     5,400
                                    $12,200

                                                                     SubTotal
                                      13
                                    $34,400
                                    $10,400
                                       5
                                    $14,400
                                    $59,200
a  -  8 of the 13 cupolas currently have (or will have) incineration/afterburner controls. None of the facilities are expected to have any additional equipment or material cost impacts to meet the proposed emission limits.
b  -  Cupola testing costs reflect incremental (new) costs for COS, HF, and HCl testing; current test requirements for PM not included.
c  -  Collection/curing costs reflect incremental costs for phenol and methanol testing; current test requirements for formaldehyde not included.


                                 ATTACHMENT E

        Screening Questionnaire for General Adult Consumer Focus Group

                           OMB Control No. 2070-NEW
                           Approval expires XX/XX/XX

	This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control No. 2070-NEW). Responses to this collection of information are voluntary. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The public reporting and recordkeeping burden for this collection of information is estimated to be 0.17 hours per response for screened respondents. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the Regulatory Support Division Director, U.S. Environmental Protection Agency (2821T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.

Screening Questionnaire for General Adult Consumer Focus Group

Interviewer:               _______________

Date:                          _______________

Letter sent:                 _______________

Reconfirmation Call:  _______________

                        CALL FROM DATABASE OR AT RANDOM
                      RECRUIT 9 PER GROUP FOR 8-9 TO SHOW

Hello, I'm __________ with __________________, an independent consumer research firm. We are not selling or promoting any product or service. We are conducting a research study on behalf of the United States Environmental Protection Agency about providing information to help consumers select products that are safer for people, families, and pets and can help protect the environment, and would like to include your views. My questions will take approximately 10 minutes, and your response is voluntary.

1.	First, do you, or does any member of your household or immediate family, work for or is retired from:
                                                A market research company _____
                        A direct mail company or direct marketing company _____
                           An advertising agency or public relations firm _____
                                                                   The media (TV/radio/newspapers/magazines) _____

                      [IF YES TO ANY >> TERMINATE]

2.	Are you a chemist, chemical engineer, or organic farmer  -  or do you work for EPA, an environmental agency or environmental non-profit, or the organic food industry?

                      [IF YES TO ANY >> TERMINATE]

3.	In a typical month, how frequently do you shop at a grocery store, supermarket, hardware store, home improvement store (such as Home Depot or Lowe's) or general retail store (such as Walmart, Target, Costco, or Sam's Club) for your household?
                                                          4 or more times _____
                                                             2 or 3 times _____
                                    TERMINATE >> Fewer than 2 times _____

4.   	Which of the following categories best describes your total annual household income?
                                         TERMINATE >> Under $15,000 _____
                                                        $15,000 - $34,999 _____
                                                        $35,000 - $54,999 _____
                                                        $55,000 - $74,999 _____
                                                       $75,000 - $100,000 _____
                                         TERMINATE >> Over $100,000 _____

5. 	Please tell me your age.

                              [Record age; GOOD MIX OF AGES 21+]

6.	What is your current marital status?  Are you ..... ?
                                          Married or living with a partner_____
                                                                   Single _____
                                                                 Divorced _____
                                                                  Widowed _____

7.	What is the highest level of education you have completed?
                                           Less than high school graduate _____
                                                     High school graduate _____
                                                             Some college _____
                                						                College graduate _____
                                          Post graduate studies or degree _____

8.	So that we can be sure that all backgrounds are represented in our study, please tell me your ethnic or race background. Are you ... ?
                                                Ethnicity

                                                        Hispanic or Latino_____
                                                   Not Hispanic or Latino_____

                                                Race

                                         American-Indian or Alaska Native _____
                                                                    Asian _____
                                                Black or African American _____
                         Native Hawaiian-Indian or Other Pacific Islander _____
                                                                    White _____
                                                                    Other _____

9.	[Record gender]
                                                                     Male _____
                                                                   Female _____
                                                                Nonbinary _____

10.	Have you ever attended a focus group discussion or individual interview?  By that we mean an informal, round-table discussion, conducted by a professional moderator in which you were asked your opinions regarding a product, a service, or advertising?
                             MAX. (1/2) GROUP  >> ASK A-C >> Yes _____
                                              INVITE TO GROUP >> No _____
 How many of these groups have you attended?
            ______________________________  [MAX. 3 EVER]
 What was/were the topics discussed?
            ______________________________  [IF CHEMICAL SAFETY, TERMINATE]
 How long ago was the last one of these groups you attended?
            ______________________________  [MUST BE AT LEAST 6 MONTHS AGO]
                               [INVITE TO GROUP]

Thank you for answering all of my questions. As I mentioned earlier, we are conducting a research study regarding information to help consumers select products that are safer for families and can help protect the environment. We are conducting an informal, round-table discussion to be held on _______ at _______. The discussion will last about two hours and will be both fun and informative. No one will attempt to sell you anything and no one will call on you as a result of your participation. As a token of our appreciation for your help in our research effort, you will receive a $100 cash honorarium at the time of the session. This is an important research effort and we hope that you will be part of it. We can only invite about a dozen people to take part. Can we schedule your attendance?
[If yes, read ..... ]
If you need glasses for reading or for watching TV, please be sure to bring them with you to the group.

ID Number	_________________________________________________

NAME:	_________________________________________________
ADDRESS:	_________________________________________________
CITY:		_________________________________________________
ZIP CODE:	_________________________________________________
PHONE:	(DAY)		_____________________________________
		(EVE)		_____________________________________
		(CELL)	_____________________________________
(EMAIL)	_____________________________________

Interviewer:		____________________
Supervisor Confirm:	____________________


[Federal Register Volume 85, Number 173 (Friday, September 4, 2020)]
[Notices]
[Pages 55279-55280]
[FR Doc No: 2020-19602]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1869-060]

NorthWestern Energy; Notice of Intent To File License
Application, Filing of Pre-Application Document (Pad), Commencement of
Pre-Filing Process, and Scoping; Waiving Parts of the Pre-Filing
Process; Request for Comments on the Pad and Scoping Document, and
Identification of Issues and Associated Study Requests

    a. Type of Filing: Notice of Intent to File License Application for
a New License and Commencing Pre-filing Process.
    b. Project No.: 1869-060.
    c. Dated Filed: July 1, 2020.
    d. Submitted By: NorthWestern Energy.
    e. Name of Project: Thompson Falls Hydroelectric Project.
    f. Location: On the Clark Fork River in Sanders County in the city
of Thompson Falls, Montana. The project includes 103.78 acres of
federal lands administered by the U.S. Forest Service.
    g. Filed Pursuant to: 18 CFR part 5 of the Commission's
Regulations.
    h. Licensee Contact: Mary Gail Sullivan, Director, Environmental &
Lands Permitting & Compliance, NorthWestern Energy, 11 East Park
Street, Butte, Montana 59701; phone:<PHONE_NUMBER> or<PHONE_NUMBER>.
    i. FERC Contact: Michael Tust at<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item o below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC ]
61,076 (2001).
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under
section 7 of the Endangered Species Act and the joint agency
regulations thereunder at 50 CFR, part 402 and (b) the State Historic
Preservation Officer, as required by section 106, National Historic
Preservation Act, and the implementing regulations of the Advisory
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating NorthWestern Energy as the
Commission's non-federal representatives for carrying out informal
consultation, pursuant to section 7 of the Endangered Species Act and
section 106 of the National Historic Preservation Act.
    m. NorthWestern Energy filed a Pre-Application Document (PAD;
including a proposed process plan and schedule) with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents via the internet through
the Commission's Home Page (http://www.ferc.gov) using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Register online at https://ferconline.ferc.gov/FERCOnline.aspx to
be notified via email of new filing and issuances related to this or
other pending projects. For assistance, contact FERC Online Support.
    o. With this notice, we are soliciting comments on the PAD and
Commission's staff Scoping Document 1 (SD1), as well as study requests.
All comments on the PAD and SD1, and study requests should be sent to
the address above in paragraph h. In addition, all comments on the PAD
and SD1, study requests, requests for cooperating agency status, and
all communications to and from Commission staff related to the merits
of the potential application must be filed with the Commission.
    The Commission strongly encourages electronic filing. Please file
all documents using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at https://ferconline.ferc.gov/QuickComment.aspx. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online

Support at<EMAIL_ADDRESS>In lieu of electronic filing,
you may submit a paper copy. Submissions sent via the U.S. Postal
Service must be addressed to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington,
DC 20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    All filings with the Commission must bear the appropriate heading:
``Comments on Pre-Application Document,'' ``Study Requests,''
``Comments on Scoping Document 1,'' ``Request for Cooperating Agency
Status,'' or ``Communications to and from Commission Staff.'' Any
individual or entity interested in submitting study requests,
commenting on the PAD or SD1, and any agency requesting cooperating
status must do so by October 27, 2020.
    p. Although our current intent is to prepare an environmental
assessment (EA), there is the possibility that an Environmental Impact
Statement (EIS) will be required. Nevertheless, this scoping document
will satisfy the NEPA scoping requirements, irrespective of whether an
EA or EIS is issued by the Commission.

Scoping Meetings and Environmental Site Review

    Due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020, we are waiving section 5.8(b)(viii) of the Commission's
regulations and do not intend to conduct a public scoping meeting or
site visit in this case. Instead, we are soliciting written comments,
recommendations, and information, on the SD1. Any individual or entity
interested in submitting scoping comments must do so by the date
specified in item o. SD1, which outlines the subject areas to be
addressed in the environmental document, was mailed to the individuals
and entities on the Commission's mailing list. Copies of SD1 may be
viewed on the web at http://www.ferc.gov, using the ``eLibrary'' link.
Follow the directions for accessing information in paragraph n. Based
on all written comments, a Scoping Document 2 (SD2) may be issued. SD2
may include a revised process plan and schedule, as well as a list of
issues, identified through the scoping process.
    We may conduct the site visit, if needed, later in the process.
Further revisions to the schedule may be made as appropriate.

    Dated: August 28, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-19602 Filed 9-3-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Notices]
[Pages 65217-65218]
[FR Doc No: 2022-23543]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0002; Internal Agency Docket No. FEMA-B-2283]

Proposed Flood Hazard Determinations

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

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP).

DATES: Comments are to be submitted on or before January 26, 2023.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2283, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution

process. SRPs are independent panels of experts in hydrology,
hydraulics, and other pertinent sciences established to review
conflicting scientific and technical data and provide recommendations
for resolution. Use of the SRP only may be exercised after FEMA and
local communities have been engaged in a collaborative consultation
process for at least 60 days without a mutually acceptable resolution
of an appeal. Additional information regarding the SRP process can be
found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://hazards.fema.gov/femaportal/prelimdownload and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Nicholas A. Shufro,
Assistant Administrator for Risk Management (Acting), Federal Emergency
Management Agency, Department of Homeland Security.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
              Morgan County, Indiana and Incorporated Areas
           Project: 12-05-8945S Preliminary Date: May 13, 2022
------------------------------------------------------------------------
City of Martinsville...................  Martinsville City Hall, 59
                                          South Jefferson Street,
                                          Martinsville, IN 46151.
Unincorporated Areas of Morgan County..  Morgan County Administration
                                          Building, 180 South Main
                                          Street, Martinsville, IN
                                          46151.
------------------------------------------------------------------------
             Waseca County, Minnesota and Incorporated Areas
        Project: 18-05-0017S Preliminary Date: September 30, 2021
------------------------------------------------------------------------
City of Elysian........................  City Hall, 110 West Main
                                          Street, Elysian, MN 56028.
City of Janesville.....................  City Hall, 101 North Mott
                                          Street, Janesville, MN 56048.
City of Waseca.........................  City Hall, 508 South State
                                          Street, Waseca, MN 56093.
Unincorporated Areas of Waseca County..  Waseca County Courthouse, 307
                                          North State Street, Waseca, MN
                                          56093.
------------------------------------------------------------------------
            Bradford County, Pennsylvania (All Jurisdictions)
          Project: 16-03-0615S Preliminary Date: June 17, 2022
------------------------------------------------------------------------
Borough of Athens......................  Municipal Building, 2 South
                                          River Street, Athens, PA
                                          18810.
Borough of Sayre.......................  Borough Office, 110 West Packer
                                          Avenue, Sayre, PA 18840.
Borough of Wyalusing...................  Borough Hall, 50 Senate Street,
                                          Wyalusing, PA 18853.
Township of Asylum.....................  Asylum Township Building, 19981
                                          Route 187, Towanda, PA 18848.
Township of Athens.....................  Athens Township Municipal
                                          Building, 45 Herrick Avenue,
                                          Sayre, PA 18840.
Township of Burlington.................  Burlington Township Building,
                                          2030 Weed Hill Road, Towanda,
                                          PA 18848.
Township of Litchfield.................  Litchfield Township Municipal
                                          Building, 1391 Hill Road,
                                          Sayre, PA 18840.
Township of North Towanda..............  North Towanda Township Office,
                                          292 Old Mills Road, Towanda,
                                          PA 18848.
Township of Sheshequin.................  Sheshequin Township Office,
                                          1774 North Middle Road,
                                          Ulster, PA 18850.
Township of Standing Stone.............  Standing Stone Township
                                          Building, 35165 Route 6,
                                          Wysox, PA 18854.
Township of Terry......................  Terry Township Building, 1876
                                          Rienze Road, Wyalusing, PA
                                          18853.
Township of Towanda....................  Township Office, 44 Chapel
                                          Street, Towanda, PA 18848.
Township of Ulster.....................  Municipal Building, 23849 Route
                                          220, Ulster, PA 18850.
Township of Wilmot.....................  Wilmot Township Municipal
                                          Building, 4861 Route 187,
                                          Sugar Run, PA 18846.
Township of Wyalusing..................  Township Building, 41908 Route
                                          6, Wyalusing, PA 18853.
Township of Wysox......................  Township Building, 103 Lake
                                          Road, Wysox, PA 18854.
------------------------------------------------------------------------

[FR Doc. 2022-23543 Filed 10-27-22; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Pages 38592-38593]
[FR Doc No: 2010-16156]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Solicitation of Applications and Notice of Funding Availability
for Reducing the Effects of Traumatic Exposure to Grade Crossing and
Trespasser Incidents on Train Crews

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of funds availability, solicitation of applications.

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

SUMMARY: Under this notice, FRA is soliciting applications from
interested and responsible parties for a grant to assess the
applicability of current knowledge about post traumatic interventions
and to advance evidence-based recommendations for controlling the risks
associated with traumatic exposure in the railroad setting.

DATES: FRA will begin accepting applications immediately after
publication of this notice in the Federal Register. FRA will accept
applications for this grant opportunity until August 16, 2010. Reviews
will be conducted immediately following the solicitation close date and
selection announcements will be made promptly.

ADDRESSES: Applications for grants under this Program must be submitted
electronically to Grants.gov (http://www.grants.gov) following the
detailed procedures in the grant application package online. The
Grants.gov Web site allows organizations to find and apply
electronically for competitive grant opportunities from all Federal
grant-making agencies. Any entity wishing to submit an application
pursuant to this notice should immediately initiate the process of
registering with Grants.Gov.

FOR FURTHER INFORMATION CONTACT: Technical inquiries should be directed
to Mr. Michael Coplen, Human Factors Program Manager, FRA, Mail Stop
20, 1200 New Jersey Avenue, SE., Washington, DC 20590 (Phone: (202)

493-6346; e-mail: Michael.Coplen@dot.gov). Non-technical inquiries
should be directed to Ms. Jennifer Capps, Grants Officer, Office of
Acquisition and Grants Services, FRA, 1200 New Jersey Avenue, SE.,
Washington, DC 20590 (Phone:<PHONE_NUMBER>; e-mail:
Jennifer.Capps@dot.gov).

SUPPLEMENTARY INFORMATION: FRA's Office of Research and Development and
Office of Railroad Safety are concerned about the health and safety of
train crews who witness traumatic events from grade crossing and
trespasser incidents. These incidents carry the risk of exposure to the
sort of situations known to trigger severe emotional and psychological
distress, including Post Traumatic Stress Disorder (PTSD) and the more
immediate Acute Distress Disorder (ASD). FRA seeks to fund a grant
assessing the applicability of current knowledge about post traumatic
interventions and to advance evidence-based recommendations for
controlling the risks associated with traumatic exposure in the
railroad setting. The selected entity will develop one or more program
designs suitable for implementation by rail carriers in partnership
with their respective unions and researchers. FRA's Office of Research
and Development has $50,000 available in fiscal year 2010 to fund a
grant for the initial development of an intervention plan for reducing
the effects of traumatic exposure to grade crossing and trespasser
incidents in particular. Additional funding may be available in future
years for expansion and implementation of the intervention.
    Eligible Organizations. Any individual or organization with
previous experience designing and implementing a PTSD intervention
program, along with the skills, knowledge, and resources necessary to
carry out the proposed research as the project director/principal
investigator, is invited to develop an application for support.
    Selection Criteria. Proposals submitted under this notice must, at
a minimum, satisfy the following requirement: The principal
investigator(s) identified to lead the technical effort under this
program must have demonstrated experience working with employees and
employers to successfully implement programs mediating the effects of
employees' exposure to trauma. Proposals that meet the minimum
qualifications will be evaluated using the following criteria:
    1. Key Personnel and Supporting Organization. The technical
qualifications and demonstrated experience of key personnel proposed to
lead and perform the technical efforts (e.g., holding a Ph.D. in
psychology or related fields, having peer-reviewed publications
relating to PTSD, ASD, or other trauma interventions); and
qualifications of primary and supporting organizations to fully and
successfully execute the proposal plan within the proposed time frame
and budget.
    2. Technical Merit. Degree to which proposed ideas exhibit a basis
in established scientific and psychological principles and practices;
and the perceived likelihood of technical and practical success in a
railroad environment.
    Requirements and Conditions for Grant Applications. Detailed
application requirements and conditions may be found in the grant
application guidance (CFDA Number 20.313) for this solicitation on
Grants.gov.

    Issued in Washington, DC, on June 28, 2010.
Mark Yachmetz,
Associate Administrator for Railroad Policy and Development.
[FR Doc. 2010-16156 Filed 7-1-10; 8:45 am]
BILLING CODE 4910-06-P


ECOLOGICAL MID-CYCLE SUBCOMMITTEE

FACE-TO-FACE MEETING

DRAFT AGENDA

May 23, 2007

Newport Harbor Hotel and Marina

					     49 America’s Cup Avenue									    			Newport, RI 02840

Tel.:<PHONE_NUMBER>

Wednesday, May 23, 2007

9:30 – 10:00 a.m.	Registration

10:00-10:10 a.m.	Welcome and Outline of Purpose	Dr. Jim Clark

			Chair, Eco Mid-Cycle Subcommittee

10:10-10:15 a.m.	DFO Welcome and Charge	Heather Drumm (EPA)

	   	- Administrative Procedures/FACA	DFO, Eco Mid-Cycle Subcommittee

		Rules

	10:15-10:35 a.m.	Overall Summary of Progress &	Dr. Rick Linthurst (EPA)

	   	Strategy

				- Discussion and Q&A	Eco Mid-Cycle Subcommittee

	10:35-10:55 a.m.	LTG1 Summary	Dr. Mike McDonald (EPA)

				- Discussion and Q&A	Eco Mid-Cycle Subcommittee

	10:55-11:15 a.m.	LTG2 Summary	Dr. Deborah Mangis (EPA)

				- Discussion and Q&A	Eco Mid-Cycle Subcommittee

	11:15-11:35 a.m.	LTG3 Summary	Dr. Iris Goodman (EPA)

				- Discussion and Q&A	Eco Mid-Cycle Subcommittee

	11:35 -12:00 p.m.	Subcommittee Discussion 	Eco Mid-Cycle Subcommittee

	12:00-1:00 p.m.		Lunch

	1:00-2:00 p.m.		Program Rating Discussion	Eco Mid-Cycle Subcommittee

	2:00-2:10 p.m.		Public Comment

	2:10-3:00 p.m.		Wrap-up and Report Out	Eco Mid-Cycle Subcommittee

	3:00 p.m.		Adjourn

 PAGE   1

 PAGE   2

            A Federal Advisory Committee for the U.S. Environmental Protection Agency’s Office of Research and Development


[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Proposed Rules]
[Pages 27718-27721]
[FR Doc No: 2018-12656]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0510; Product Identifier 2017-NM-115-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2016-04-
16, which applies to all The Boeing Company Model DC-10-10, DC-10-10F,
DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F,
MD-10-10F, MD-10-30F, MD-11, and MD-11F airplanes. AD 2016-04-16
requires adding design features to detect electrical faults and to
detect a pump running in an empty fuel tank. Since we issued AD 2016-
04-16, we have received new service information that would eliminate
the need for certain provisions of AD 2016-04-16. This proposed AD
would provide optional terminating action for certain requirements. We
are proposing this AD to address the unsafe condition on these
products.

DATES: We must receive comments on this proposed AD by July 30, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone:<PHONE_NUMBER>; internet: https://www.myboeingfleet.com. You
may view this service information at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. 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 and locating Docket No. FAA-2018-0510.

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-2018-
0510; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Serj Harutunian, Aerospace Engineer,
Propulsion Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0510;
Product Identifier 2017-NM-115-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM 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 proposed AD.

Discussion

    We issued AD 2016-04-16, Amendment 39-18410 (81 FR 12806, March 11,
2016) (``AD 2016-04-16''), for all The Boeing Company Model DC-10-10,
DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40,
DC-10-40F, MD-10-10F, MD-10-30F, MD-11, and MD-11F airplanes. AD 2016-
04-16 requires adding design features to detect electrical faults and
to detect a pump running in an empty fuel tank. AD 2016-04-16 resulted
from a determination that it is necessary to clarify the requirements
for the design features and to remove a terminating action for certain
inspections. We issued AD 2016-04-16 to reduce the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.

Actions Since AD 2016-04-16 Was Issued

    Since we issued AD 2016-04-16, we have received new service
information that would eliminate the need for certain provisions of AD
2016-04-16.

Related Service Information Under 1 CFR Part 51

    We reviewed the following Boeing service information.
     Boeing Alert Service Bulletin DC10-28A253, dated June 5,
2014; and Boeing Alert Service Bulletin MD11-28A133, dated June 5,
2014. This service information describes procedures for replacing the
fuel pump control relays with fault current detectors and changing the
fuel tank boost/transfer pump wire termination. These documents are
distinct since they apply to different airplane models.
     Boeing Service Bulletin DC10-28-256, dated June 24, 2014;
and Boeing Service Bulletin MD11-28-137, dated June 24, 2014. This
service information describes procedures for changing the fuel pump
control and indication system wiring. These documents are distinct
since they apply to different airplane models.
     Boeing Trijet Special Compliance Item Report MDC-02K1003,
Revision M,

including Appendices A through D, dated July 25, 2014, which includes
Critical Design Configuration Control Limitations (CDCCLs),
Airworthiness Limitation Instructions (ALIs), and short-term extensions
in Appendices B, C, and D, respectively. The service information
describes fuel ALIs that address ignition sources.
     Boeing Service Bulletin DC10-28-264, dated May 15, 2015,
or Boeing Service Bulletin MD11-28-146, dated May 15, 2015. This
service information describes procedures for replacement of the fuel
pump housing electrical connector, associated wires, fuel tank feed-
through components, and installing sealed terminal lugs on the fuel
pump wiring, or replacement of the fuel pump housing, associated wires,
fuel tank feed-through components, and installing sealed terminal lugs
on the fuel pump. These documents are distinct since they apply to
different airplane models.
    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.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs.

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2016-04-16.
Specifically, this proposed AD would retain the repetitive inspections
for proper operation of the fuel pump, and applicable corrective
actions.
    This proposed AD would also eliminate the need for the provisions
in paragraph (j) of this proposed AD by providing optional terminating
action for the requirements of paragraph (a) of AD 2002-13-10,
Amendment 39-12798 (67 FR 45053, July 8, 2002); paragraph (a) of AD
2003-07-14, Amendment 39-13110 (68 FR 17544, April 10, 2003); and
paragraph (j) of AD 2011-11-05, Amendment 39-16704 (76 FR 31462, June
1, 2011).
    This proposed AD specifies to revise certain operator maintenance
documents to include new actions (e.g., inspections) and CDCCLs.
Compliance with these actions and CDCCLs is required by 14 CFR
91.403(c). For airplanes that have been previously modified, altered,
or repaired in the areas addressed by this proposed AD, the operator
may not be able to accomplish the actions described in the revisions.
In this situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according to
paragraph (l) of this proposed AD. The request should include a
description of changes to the required actions and CDCCLs that will
ensure the continued operational safety of the airplane. For
information on the procedures and compliance times, see this service
information at http://www.regulations.gov by searching for and locating
Docket No. FAA-2018-0510.

Costs of Compliance

    We estimate that this proposed AD affects 341 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Installing design features using a   152 work-hours x $85 per           $137,500        $150,420     $51,293,220
 method approved by the FAA           hour = $12,920.
 (retained actions from AD 2016-04-
 16).
Installing design features using     98 work-hours x $85 per             109,000         117,330      40,009,530
 service information (retained        hour = $8,330.
 actions from AD 2016-04-16).
                                                                 -----------------------------------------------
Inspection for proper operation      Up to 130 work-hours x $85                0   Up to $11,050 per inspection
 (new proposed action).               per hour = $11,050 per                                  cycle.
                                      inspection cycle.
----------------------------------------------------------------------------------------------------------------

                                Estimated Costs for Optional Terminating Actions
----------------------------------------------------------------------------------------------------------------
              Action                      Labor cost               Parts cost               Cost per product
----------------------------------------------------------------------------------------------------------------
Option 1: Replace connectors for    68 work-hours x $85    $54,842...................  $60,622.
 Model DC-10 and MD-10 (122          per hour = $5,780.
 airplanes).
Option 1: Replace connectors for    59 work-hours x $85    $67,031...................  $72,046.
 Model MD-11 (124 airplanes).        per hour = $5,015.
Option 2: Replace fuel pump         Up to 81 work-hours x  Up to $54,842.............  Up to $61,727.
 housings for Model DC-10 and MD-    $85 per hour =
 10 (122 airplanes).                 $6,885.
Option 2: Replace fuel pump         Up to 77 work-hours x  Up to $67,031.............  Up to $73,576.
 housings for Model MD-11 (124       $85 per hour =
 airplanes).                         $6,545.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
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.

    This proposed 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 transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2016-04-16, Amendment 39-18410 (81 FR 12806, March 11, 2016), and
adding the following new AD:

The Boeing Company: Docket No. FAA-2018-0510; Product Identifier
2017-NM-115-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by July 30,
2018.

(b) Affected ADs

    (1) This AD replaces AD 2016-04-16, Amendment 39-18410 (81 FR
12806, March 11, 2016) (``AD 2016-04-16'').
    (2) This AD affects AD 2002-13-10, Amendment 39-12798 (67 FR
45053, July 8, 2002) (``AD 2002-13-10'').
    (3) This AD affects AD 2003-07-14, Amendment 39-13110 (68 FR
17544, April 10, 2003) (``AD 2003-07-14'').
    (4) This AD affects AD 2008-06-21 R1, Amendment 39-16100 (74 FR
61504, November 25, 2009) (``AD 2008-06-21 R1'').
    (5) This AD affects AD 2011-11-05, Amendment 39-16704 (76 FR
31462, June 1, 2011) (``AD 2011-11-05'').

(c) Applicability

    This AD applies to all The Boeing Company airplanes identified
in paragraphs (c)(1) and (c)(2) of this AD, certificated in any
category.
    (1) Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F
(KC-10A and KDC-10), DC-10-40, and DC-10-40F airplanes.
    (2) Model MD-10-10F, MD-10-30F, MD-11, and MD-11F airplanes.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a fuel system review conducted by the
manufacturer. We are issuing this AD to reduce the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.

(f) Compliance

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

(g) Restatement of Paragraph (g) of AD 2016-04-16, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2016-04-16, with no changes. Except as provided by paragraph (h) of
this AD: As of 48 months after April 15, 2016 (the effective date of
AD 2016-04-16), no person may operate any airplane affected by this
AD unless an amended type certificate or supplemental type
certificate that incorporates the design features and requirements
described in paragraphs (g)(1) through (g)(4) of this AD has been
approved by the Manager, Los Angeles ACO Branch, FAA, and those
design features are installed on the airplane to meet the criteria
specified in section 25.981(a) and (d) of the Federal Aviation
Regulations (14 CFR 25.981(a) and (d), at Amendment 25-125 (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgFAR.nsf/0/339DAEE3E0A6379D862574CF00641951?OpenDocument)). For airplanes on
which Boeing-installed auxiliary fuel tanks are removed, the actions
specified in this AD for the auxiliary fuel tanks are not required.
    (1) For all airplanes: Each electrically powered alternating
current (AC) fuel pump installed in any fuel tank that normally
empties during flight and each pump that is partially covered by a
lowering fuel level--such as main tanks, center wing tanks,
auxiliary fuel tanks installed by the airplane manufacturer, and
tail tanks--must have a protective device installed to detect
electrical faults that can cause arcing and burn through of the fuel
pump housing and pump electrical connector. The same device must
shut off the pump by automatically removing electrical power from
the pump when such faults are detected. When a fuel pump is shut off
resulting from detection of an electrical fault, the device must
stay latched off, until the fault is cleared through maintenance
action and the pump is verified safe for operation.
    (2) For airplanes with a 2-person flightcrew: Additional design
features, if not originally installed by the airplane manufacturer,
must be installed to meet 3 criteria: To detect a running fuel pump
in a tank that is normally emptied during flight, to provide an
indication to the flightcrew that the tank is empty, and to
automatically shut off that fuel pump. The prospective pump
indication and shutoff system must automatically shut off each pump
in case the flightcrew does not shut off a pump running dry in an
empty tank within 60 seconds after each fuel tank is emptied. An
airplane flight manual supplement (AFMS) that includes flightcrew
manual pump shutoff procedures in the Limitations section of the
AFMS must be submitted to the Los Angeles ACO Branch, FAA, for
approval.
    (3) For airplanes with a 3-person flightcrew: Additional design
features, if not originally installed by the airplane manufacturer,
must be installed to detect when a fuel pump in a tank that is
normally emptied during flight is running in an empty fuel tank, and
to provide an indication to the flightcrew that the tank is empty.
The flight engineer must manually shut off each pump running dry in
an empty tank within 60 seconds after the tank is emptied. The AFMS
Limitations section must be revised to specify that this pump
shutoff must be done by the flight engineer.
    (4) For all airplanes with tanks that normally empty during
flight: Separate means must be provided to detect and shut off a
pump that was previously commanded to be shut off automatically or
manually but remained running in an empty tank during flight.

(h) Restatement of Paragraph (h) of AD 2016-04-16, With No Changes

    This paragraph restates the provisions of paragraph (h) of AD
2016-04-16, with no changes. In lieu of doing the requirements of
paragraph (g) of this AD, do the applicable actions specified in
paragraphs (h)(1), (h)(2), and (h)(3) of this AD.
    (1) For MD-11 and MD-11F airplanes: Do the actions specified in
paragraphs (h)(1)(i) and (h)(1)(ii) of this AD.
    (i) As of 48 months after April 15, 2016 (the effective date of
AD 2016-04-16), change the fuel pump control and indication system
wiring, in accordance with the

Accomplishment Instructions of Boeing Service Bulletin MD11-28-137,
dated June 24, 2014.
    (ii) Prior to or concurrently with accomplishing the actions
specified in paragraph (h)(1)(i) of this AD: Replace the fuel pump
control relays with fault current detectors, and change the fuel
tank boost/transfer pump wire termination, in accordance with
Accomplishment Instructions of Boeing Alert Service Bulletin MD11-
28A133, dated June 5, 2014.
    (2) For Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F
(KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F
airplanes: Do the actions specified in paragraphs (h)(2)(i) and
(h)(2)(ii) of this AD.
    (i) As of 48 months after April 15, 2016 (the effective date of
AD 2016-04-16), change the fuel pump control and indication system
wiring, in accordance with the Accomplishment Instructions of Boeing
Service Bulletin DC10-28-256, dated June 24, 2014.
    (ii) Prior to or concurrently with accomplishing the actions
specified in paragraph (h)(2)(i) of this AD: Replace the fuel pump
control relays with fault current detectors, and change the fuel
tank boost/transfer pump wire termination, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin DC10-
28A253, dated June 5, 2014.
    (3) For all airplanes: Within 30 days after accomplishing the
actions required by paragraph (h)(1) or (h)(2) of this AD, or within
30 days after April 15, 2016 (the effective date of AD 2016-04-16),
whichever occurs later, revise the maintenance or inspection
program, as applicable, to incorporate the Critical Design
Configuration Control Limitations (CDCCLs), Airworthiness Limitation
Instructions (ALIs), and short-term extensions specified in
Appendices B, C, and D of Boeing Trijet Special Compliance Item
(SCI) Report MDC-02K1003, Revision M, dated July 25, 2014. The
initial compliance time for accomplishing the actions specified in
the ALIs is at the later of the times specified in paragraphs
(h)(3)(i) and (h)(3)(ii) of this AD. Revising the maintenance or
inspection program required by this paragraph terminates the
requirements in paragraphs (g) and (h) of AD 2008-06-21 R1.
    (i) At the applicable time specified in Appendix C of Boeing
Trijet SCI Report MDC-02K1003, Revision M, dated July 25, 2014,
except as provided by Appendix D of Boeing Trijet SCI Report MDC-
02K1003, Revision M, dated July 25, 2014.
    (ii) Within 30 days after accomplishing the actions required by
paragraph (h)(1) or (h)(2) of this AD, as applicable; or within 30
days after April 15, 2016 (the effective date of AD 2016-04-16);
whichever occurs later.

(i) Restatement of Paragraph (i) of AD 2016-04-16, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2016-04-16, with no changes. If the option in paragraph (h)(3) of
this AD is accomplished: After the maintenance or inspection program
has been revised as provided by paragraph (h)(3) of this AD, no
alternative actions (e.g., inspections), intervals, or CDCCLs may be
used unless the actions, intervals, or CDCCLs are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (l) of this AD.

(j) Restatement of Paragraph (j) of AD 2016-04-16, With Additional AD
Reference and Clarification of Provisions

    This paragraph restates the provisions of paragraph (j) of AD
2016-04-16, with an additional AD reference and clarification of the
provisions. Accomplishment of the actions specified in paragraphs
(h)(1), (h)(2), and (h)(3) of this AD, as applicable, extends the
18-month interval for the repetitive inspections and tests required
by paragraph (a) of AD 2002-13-10; the 18-month interval for the
repetitive inspections required by paragraph (a) of AD 2003-07-14;
and the 18-month interval for the repetitive inspections required by
paragraph (j) of AD 2011-11-05; to 24-month intervals for pumps
affected by those ADs, regardless if the pump is installed in a tank
that normally empties, provided the remaining actions required by
those three ADs have been accomplished.

(k) New Provision of This AD: Optional Terminating Action

    Replacing the electrical connectors or fuel pump housing in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin DC10-28-264, dated May 15, 2015; or Boeing Service Bulletin
MD11-28-146, dated May 15, 2015, as applicable; terminates the
repetitive inspections and tests required by paragraph (a) of AD
2002-13-10, paragraph (a) of AD 2003-07-14, and paragraph (j) of AD
2011-11-05.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (m)(1) of this AD. Information
may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, to make those findings. To be
approved, the repair method, modification deviation, or alteration
deviation must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(l)(4)(i) and (l)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(m) Related Information

    (1) For more information about this AD, contact Serj Harutunian,
Aerospace Engineer, Propulsion Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5254; fax:<PHONE_NUMBER>; email: [email protected].
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone:<PHONE_NUMBER>; internet: https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on June 6, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-12656 Filed 6-13-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Pages 17660-17661]
[FR Doc No: 2013-06657]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9792-9]

Draft Guidance for E85 Flexible Fuel Vehicle Weighting Factor for
Model Years 2016-2019 Vehicles Under the Light-Duty Greenhouse Gas
Emissions Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is requesting comment on draft EPA guidance to auto
manufacturers for weighting the greenhouse gas (GHG) emissions of a
flexible fuel vehicle operating on E85 with the GHG emissions of the
vehicle operating on conventional gasoline, when calculating the
compliance value to use for EPA's GHG emissions standards. EPA also
invites comment on the analysis used by EPA to determine the weighting
factor.

DATES: Comments must be received on or before April 22, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0120, by one of the following methods:
     On-Line at http://www.regulations.gov: Follow the On- Line
Instructions for Submitting Comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2013- 0120, U.S. Environmental Protection Agency, Mailcode: 6102T, 1200
Pennsylvania Avenue NW., Washington, DC 20460. Please include a total
of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC
20460. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    On-Line Instructions for Submitting Comments: Direct your comments
to Docket ID No. EPA-HQ-OAR-2013- 0120. EPA's policy is that all
comments received will be included in the public docket without change
and may be made available online at http://www.regulations.gov,
including any personal information provided, unless the comment
includes information claimed to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Do not submit information that you consider to be CBI or otherwise
protected through http://www.regulations.gov or email.
    The http://www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to EPA without going through http://www.regulations.gov, your email address will automatically be captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Materials relevant to this proceeding are contained in the Air and
Radiation Docket and Information Center, maintained in Docket ID No.
EPA-HQ- OAR-2013-0120. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the Air and Radiation Docket in the EPA Headquarters
Library, EPA West Building, Room 3334, located at 1301 Constitution
Avenue NW., Washington, DC. The Public Reading Room is open to the
public on all federal government work days from 8:30 a.m. to 4:30 p.m.;
generally, it is open Monday through Friday, excluding holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>. The Air and
Radiation Docket and Information Center's Web site is http://www.epa.gov/oar/docket.html. The electronic mail (email) address for
the Air and Radiation Docket is<EMAIL_ADDRESS>the telephone
number is<PHONE_NUMBER>, and the fax number is<PHONE_NUMBER>. An
electronic version of the public docket is available through the
federal government's electronic public docket and comment system. You
may access EPA dockets at http://www.regulations.gov. After opening the
http://www.regulations.gov Web site, enter EPA-HQ-OAR-2013-0120 in the
``Enter Keyword or ID'' fill-in box to view documents in the record.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Roberts French, Environmental
Protection Specialist, Office of Transportation and Air Quality,
Compliance Division, U.S. Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI 48105. Telephone:<PHONE_NUMBER>. Fax:
(734) 214-4869. Email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Under EPA's greenhouse gas (GHG) program for passenger automobiles
and light trucks, starting with the 2016 model year, the regulations
describe two pathways for determining the GHG value for flexible fuel
vehicles (FFVs) that run either on gasoline or on E85 (a fuel mixture
of 85 percent ethanol and 15 percent gasoline). The default approach is
to use the GHG emissions of the vehicle operated solely on gasoline
(see 40 CFR 600.510-12). The alternative is to combine the gasoline and
E85 GHG values together in a way that accounts for real-world use of
E85 by using a weighting factor.\1\ When the weighting factor is used,
the emissions value used for the vehicle model in the fleet average
calculations would be determined by weighting the gasoline and E85
values of the model together using the specified factor (see 40 CFR
600.510-12(k)).
---------------------------------------------------------------------------

    \1\ The tailpipe GHG emissions used for compliance with the
CO2 standards described in 40 CFR 86.1818 are the carbon-
containing emissions (generally, CO2, hydrocarbons, and
carbon monoxide), which are summed based on the carbon weight
fraction of each component into a value described in the regulations
as the ``carbon-related exhaust emissions'' (CREE). For simplicity,
however, in this notice we are using the term CO2 instead
of CREE, as CO2 is more broadly understood and makes up
the vast majority of the total carbon emissions from vehicles.
---------------------------------------------------------------------------

    EPA's regulations establish two different approaches that may be
used to determine the value of the weighting factor. Manufacturers may
request that EPA determine and publish by guidance an appropriate value
for the E85 weighting factor based on EPA's assessment of the real-
world use of E85. Alternatively, a manufacturer may

submit data demonstrating the actual real-world use of E85 by its
vehicles. EPA would determine whether the data is adequate and what an
appropriate weighting factor should be for the manufacturer.
    In mid-2012, manufacturers requested that EPA provide a weighting
factor to use for 2016 and later model year vehicles. EPA has assessed
the weighting factor that would be appropriate to use and intends to
issue guidance to vehicle manufacturers regarding the E85 weighting
factor (called the F factor) that may be used by manufacturers for
weighting the CO2 of FFVs using E85 and conventional
gasoline. EPA intends to establish the weighting factor for the 2016
model year. The weighting factor may also be used for the 2017-2019
model years unless EPA takes action to revise the factor for the later
model years based on new information or data.
    EPA seeks input by the public prior to our issuing final F factor
guidance, and requests comment on the value that we have determined and
on the methodology used to derive this value. We have placed a draft
guidance letter, including a support document attachment that provides
additional background and describes the methodology used by EPA to
determine the weighting factor, in the EPA Air Docket EPA-HQ-OAR-2013-
0120 and available at http://www.epa.gov/otaq/regs/ld-hwy/greenhouse/ld-ghg.htm. The draft guidance letter provides for use of a weighting
factor of 0.2.
    Interested parties should submit comments according to the
guidelines described in this notice. After fully considering the
comments we receive, we will issue a final guidance document.

II. Procedures for Public Participation

    EPA will keep the record open until April 22, 2013. All information
will be available for inspection at the EPA Air Docket No. EPA-HQ-OAR-
2013-0120. Persons with comments containing proprietary information
must distinguish such information from other comments to the greatest
extent possible and label it as ``Confidential Business Information''
(``CBI''). If a person making comments wants EPA to base its decision
on a submission labeled as CBI, then a non-confidential version of the
document that summarizes the key data or information should be
submitted to the public docket. To ensure that proprietary information
is not inadvertently placed in the public docket, submissions
containing such information should be sent directly to the contact
person listed above and not to the public docket. Information covered
by a claim of confidentiality will be disclosed by EPA only to the
extent allowed, and according to the procedures set forth in 40 CFR
part 2. If no claim of confidentiality accompanies the submission when
EPA receives it, EPA will make it available to the public without
further notice to the person making comments.

    Dated: March 15, 2013.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and
Radiation.
[FR Doc. 2013-06657 Filed 3-21-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 247 (Wednesday, December 29, 2021)]
[Notices]
[Pages 74164-74166]
[FR Doc No: 2021-28248]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93853; File No. SR-Phlx-2021-75]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Extend the
Expiration Date of the Temporary Amendments Concerning Video Conference
Hearings

December 22, 2021.
    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 17, 2021, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I and II below, which
Items have been prepared by the Exchange. The Exchange has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to extend the expiration date of the
temporary amendments in SR-Phlx-2020-53 from December 31, 2021, to
March 31, 2022.\4\ The proposed rule change would not make any changes
to the text of the Exchange rules.
---------------------------------------------------------------------------

    \4\ If the Exchange seeks to provide additional temporary relief
from the rule requirements identified in this proposed rule change
beyond March 31, 2022, the Exchange will submit a separate rule
filing to further extend the temporary extension of time. The
amended Exchange rules will revert to their original form at the
conclusion of the temporary relief period and any extension thereof.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to continue to harmonize Exchange Rule
General 3, Section 16 with recent changes by the Financial Industry
Regulatory Authority, Inc. (``FINRA'') to its Rule 1015 in response to
the COVID-19 global health crisis and the corresponding need to
restrict in-person activities.\5\ The Exchange originally filed
proposed rule change SR-Phlx-2020-53, which allows the Exchange Review
Council (``ERC'') to conduct hearings in connection with appeals of
Membership Application Program decisions, on a temporary basis, by
video conference, if warranted by the current COVID-19-related public
health risks posed by an in-person hearing. In August 2021, the
Exchange filed a proposed rule change, SR-Phlx-2021-49, to extend the
expiration date of the temporary amendments in SR-Phlx-2020-53 from
August 31, 2021, to December 31, 2021.\6\ While there are signs of
improvement, much uncertainty remains for the coming months. The
presence of the Delta variant, dissimilar vaccination rates throughout
the United States, and the uptick in transmissions in many locations
indicate that COVID-19 remains an active and real public health
concern.\7\ Due to the uncertainty and the lack of a clear timeframe
for a sustained and widespread abatement of COVID-19-related health
concerns and corresponding restrictions,\8\ the

Exchange believes that there is a continued need for temporary relief
beyond December 31, 2021. Accordingly, the Exchange proposes to extend
the expiration date of the temporary rule amendments in SR-Phlx-2020-53
from December 31, 2021, to March 31, 2022.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 93758 (December 13,
2021) (SR-FINRA-2021-031) (``FINRA Filing''). The Exchange notes
that the FINRA Filing also proposed to temporarily amend FINRA Rules
9261, 9524, and 9830, which govern hearings in connection with
appeals of disciplinary actions, eligibility proceedings, and
temporary and permanent cease and desist orders. The Exchange's
Rules 9261, 9524, and 9830 incorporate by reference The Nasdaq Stock
Market LLC rules, which are the subject of a separate filing. See
SR-NASDAQ-2021-104. Therefore, the Exchange is not proposing to
adopt that aspect of the FINRA Filing.
    \6\ See Securities Exchange Act Release No. 92906 (September 9,
2021), 86 FR 51404 (September 15, 2021) (Notice of Filing and
Immediate Effectiveness of File No. SR-Phlx-2021-49); see also
Securities Exchange Act Release No. 90758 (December 21, 2020), 85 FR
85782 (December 29, 2020) (Notice of Filing and Immediate
Effectiveness of File No. SR-Phlx-2020-053).
    \7\ For example, President Joe Biden on July 29, 2021, announced
several measures to increase the number of people vaccinated against
COVID-19 and to slow the spread of the Delta variant, including
strengthening safety protocols for federal government employees and
contractors. See https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/29/fact-sheet-president-biden-to-announce-new-actions-to-get-more-americans-vaccinated-and-slow-the-spread-of-the-delta-variant/. Thereafter, the Biden Administration
announced on November 4, 2021, details of two major vaccination
policies to further help fight COVID-19. See https://www.whitehouse.gov/briefing-room/statements-releases/2021/11/04/fact-sheet-biden-administration-announces-details-of-two-major-vaccination-policies/. Most recently, President Biden announced
several new actions to help protect Americans against the Delta and
Omicron variants. See https://www.whitehouse.gov/briefing-room/statements-releases/2021/12/02/fact-sheet-president-biden-announces-new-actions-to-protect-americans-against-the-delta-and-omicron-variants-as-we-battle-covid-19-this-winter/.
    \8\ For instance, the Centers for Disease Control and Prevention
(``CDC'') recently announced that the first confirmed case of COVID-
19 caused by the Omicron variant was detected in the United States.
See https://www.cdc.gov/media/releases/2021/s1201-omicron-variant.html. The CDC also recommends that fully vaccinated people
wear a mask in public indoor settings in areas of substantial or
high transmission and noted that fully vaccinated people might
choose to wear a mask regardless of the level of transmission,
particularly if they are immunocompromised or at increased risk for
severe disease from COVID-19. See https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated-guidance.html. Furthermore,
numerous states currently have COVID-19 restrictions in place. Six
states (Hawaii, Illinois, Nevada, New Mexico, Oregon, and
Washington) require most people to wear masks in indoor public
places regardless of vaccination status, and three states
(California, Connecticut, and New York) have mask mandates in indoor
public places for those individuals who are unvaccinated. Several
other states have mask mandates in certain settings, such as
healthcare facilities, schools, and correctional facilities.
---------------------------------------------------------------------------

    As set forth in SR-Phlx-2020-53, the Exchange also relies on COVID-
19 data and criteria to determine whether the current public health
risks presented by an in-person hearing may warrant a hearing by video
conference. Based on that data and criteria, the Exchange does not
believe the COVID-19-related health concerns necessitating this relief
will meaningfully subside by December 31, 2021, and believes that there
will be a continued need for this temporary relief beyond that date.
Accordingly, the Exchange proposes to extend the expiration date of the
temporary rule amendments originally set forth in SR-Phlx-2020-53 from
December 31, 2021, to March 31, 2022. The extension of the temporary
amendments allowing for specified ERC hearings to proceed by video
conference will allow the Exchange's critical adjudicatory functions to
continue to operate effectively in these extraordinary circumstances--
enabling the Exchange to fulfill its statutory obligations to protect
investors and maintain fair and orderly markets--while also protecting
the health and safety of hearing participants.
    The Exchange has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, so the Exchange can implement the proposed rule
change immediately.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\9\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\10\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by providing greater harmonization between the Exchange rules
and FINRA rules of similar purpose,\11\ resulting in less burdensome
and more efficient regulatory compliance.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ See supra note 5.
---------------------------------------------------------------------------

    The proposed rule change, which extends the expiration date of the
temporary amendments to the Exchange rules set forth in SR-Phlx-2020-
53, will continue to aid the Exchange's efforts to timely conduct
hearings in connection with its core adjudicatory functions. Given the
current and frequently changing COVID-19 conditions and the uncertainty
around when those conditions will see meaningful, widespread and
sustained improvement, without this relief allowing ERC hearings to
proceed by video conference, the Exchange might be required to postpone
some or almost all hearings indefinitely. The Exchange must be able to
perform its critical adjudicatory functions to fulfill its statutory
obligations to protect investors and maintain fair and orderly markets.
As such, this relief is essential to the Exchange's ability to fulfill
its statutory obligations and allows hearing participants to avoid the
serious COVID-19-related health and safety risks associated with in-
person hearings.
    Among other things, this relief will allow the ERC to timely
provide members, disqualified individuals and other applicants an
approval or denial of their applications. As set forth in detail in SR-
Phlx-2020-53, this temporary relief allowing ERC hearings to proceed by
video conference accounts for fair process considerations and will
continue to provide fair process while avoiding the COVID-19-related
public health risks for hearing participants. Accordingly, the proposed
rule change extending this temporary relief is in the public interest
and consistent with the Act's purpose.

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

    The Exchange does not believe that the temporary proposed rule
change will impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act. As set forth in
SR-Phlx-2020-53, the proposed rule change is intended solely to extend
temporary relief necessitated by the continued impacts of the COVID-19
outbreak and the related health and safety risks of conducting in-
person activities. The Exchange believes that the proposed rule change
will prevent unnecessary impediments to its operations, including its
critical adjudicatory processes, and its ability to fulfill its
statutory obligations to protect investors and maintain fair and
orderly markets that would otherwise result if the temporary amendments
were to expire on December 31, 2021.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \12\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\15\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange has
indicated that the proposed rule change to extend the expiration date
will continue to prevent unnecessary impediments to its operations,
including its critical adjudicatory processes, and its ability to
fulfill its statutory obligations to protect investors and maintain
fair and orderly markets that would otherwise result if the temporary
amendments were to expire on December 31, 2021.\16\

Importantly, the Exchange has also stated that extending the temporary
relief provided in SR-Phlx-2020-53 immediately upon filing and without
a 30-day operative delay will allow the Exchange to continue critical
adjudicatory and review processes in a reasonable and fair manner and
meet its critical investor protection goals, while also following best
practices with respect to the health and safety of its employees.\17\
The Commission also notes that this proposal extends without change the
temporary relief previously provided by SR-Phlx-2020-53.\18\ As
proposed, the temporary changes would be in place through March 31,
2022 and the amended rules will revert back to their original state at
the conclusion of the temporary relief period and, if applicable, any
extension thereof.\19\ For these reasons, the Commission believes that
waiver of the 30-day operative delay for this proposal is consistent
with the protection of investors and the public interest. Accordingly,
the Commission hereby waives the 30-day operative delay and designates
the proposal operative upon filing.\20\
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ See supra Item II.
    \17\ See FINRA Filing, 86 FR 71695, 71696 (noting the same in
granting FINRA's request to waive the 30-day operative delay so that
SR-FINRA-2021-031 would become operative immediately upon filing).
    \18\ See supra note 6.
    \19\ See supra note 4. As noted above, the Exchange states that
if it requires temporary relief from the rule requirements
identified in this proposal beyond March 31, 2022, it may submit a
separate rule filing to extend the effectiveness of the temporary
relief under these rules.
    \20\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-Phlx-2021-75 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2021-75. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://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 website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2021-75 and should be
submitted on or before January 19, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-28248 Filed 12-28-21; 8:45 am]
BILLING CODE 8011-01-P