[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)]
[Rules and Regulations]
[Pages 24490-24491]
[FR Doc No: 2016-09629]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0338]

Drawbridge Operation Regulation; Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the upper deck of the Steel Bridge
across the Willamette River, mile 12.1, at Portland, OR. The deviation
is necessary to accommodate the route of the annual Starlight Parade
event. This deviation allows the upper deck of the Steel Bridge to
remain in the closed-to-navigation position to allow for the safe
movement of event participants.

DATES: This deviation is effective from 7 p.m. to 11:30 p.m. on June 4,
2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0338] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: TriMet Public Transit requested the upper
deck of the Steel Bridge remain closed-to-navigation to accommodate the
annual Starlight Parade event. The Steel Bridge crosses the Willamette
River at mile 12.1 and is a double-deck lift bridge with a lower lift
deck and an upper lift deck which operate independent of each other.
When both decks are in the down position the bridge provides 26 feet of
vertical clearance above Columbia River Datum 0.0. When the lower deck
is in the up position the bridge provides 71 feet of vertical clearance
above Columbia River Datum 0.0. The normal operating schedule for the
Steel Bridge is in accordance with 33 CFR 117.897(c)(3)(ii). This
deviation period is from 7 p.m. to 11:30 p.m. on June 4, 2016. The
deviation allows the upper deck of the Steel Bridge to remain in the
closed-to-navigation position and need not open for maritime traffic
from 7 p.m. to 11:30 p.m. on June 4, 2016.
    Waterway usage on this part of the Willamette River includes
vessels ranging from commercial tug and barge to small pleasure craft.
Vessels able to pass through the bridge in the closed positions may do
so at anytime. The bridge will be able to open for emergencies, and
there is no immediate alternate route for vessels to pass. The Coast
Guard will also inform the users of the waterways through our Local and
Broadcast Notices to Mariners of the change in operating schedule for
the bridge so that vessel operators can arrange their transits to
minimize any impact caused by the temporary deviation.

    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: April 20, 2016.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2016-09629 Filed 4-25-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: October 5, 2006 (Volume 71, Number 193)]
[Notices]
[Page 58852]
[DOCID:fr05oc06-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL01-19-008 and EL02-16-008]

H.Q. Energy Services (U.S.), Inc. v. New York Independent System
Operator, Inc.; PSEG Energy Resources & Trade LLC v. New York
Independent System Operator, Inc.; Notice of Compliance Filing

September 28, 2006.
    Take notice that on September 15, 2006, Consolidated Edison Company
of New York, Inc., New York State Electric & Gas Corporation, Niagara
Mohawk Corporation d/b/a National Grid, Orange and Rockland Utilities,
Inc., Rochester Gas and Electric Corporation, and the New York
Independent System Operator, Inc. (NYSIO) filed a joint refund report
which sets forth the payments collected and refunded by the NYSIO,
pursuant to the Commission's Order issued July 12, 2006.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 6, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-16415 Filed 10-4-06; 8:45 am]

BILLING CODE 6717-01-P


Supporting Statement for
Anaerobic Digestion Facilities Processing Wasted Food
to Support EPA's Sustainable Materials Management Program and Sustainable Management of Food Efforts

                                  Renewal ICR

                                 June 1, 2020

                            EPA ICR Number 2533.04
                         OMB Control Number 2050-0217

                     U.S. Environmental Protection Agency
               Resource Conservation and Sustainability Division
                          Materials Management Branch
                           1200 Pennsylvania Ave. NW
                             Washington, DC 20460

Contents
1.IDENTIFICATION OF THE INFORMATION COLLECTION	1
1(a)	Title of the Information Collection	1
1(b)	Short Characterization/Abstract	1
2. NEED FOR AND USE OF THIS COLLECTION	3
2(a)	Need/Authority for the Collection	3
2(b)	Practical Utility/Users of the Data	3
3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA	3
3(a) 	Nonduplication	3
3(b)	Public Notice Required Prior to ICR Submission to OMB	4
3(c) 	Consultations	4
3(d)	Effects of Less Frequent Collection	4
3(e)	General Guidelines	4
3(f) 	Confidentiality	5
3(g) 	Sensitive Questions	5
4. THE RESPONDENTS AND THE INFORMATION REQUESTED	5
4(a)	Respondent NAICS Codes	5
4(b)	Information Requested	8
5. THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT	9
5(a)	Agency Activities	9
5(b)	Collection Methodology and Management	9
5(c)	Small Entity Flexibility	10
5(d)	Collection Schedule	10
6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION	10
6(a)	Estimating Respondent Burden	10
6(b)	Estimating Respondent Costs	11
6(c)	Estimating Agency Burden and Costs	13
6(d)	Estimating the Respondent Universe	15
6(e)	Bottom Line Burden Hours and Costs	16
6(f)	Reasons for Change in Burden	16
6(g)	Burden Statement	16

 IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	Title of the Information Collection

      Anaerobic Digestion Facilities Processing Wasted Food to support EPA's Sustainable Materials Management Program and Sustainable Management of Food (SMF) Efforts.

1(b)	Short Characterization/Abstract

      Sustainable Management of Food is a systematic approach that seeks to reduce wasted food and its associated impacts over the entire lifecycle of food. The lifecycle of food includes use of natural resources, manufacturing, sales, and consumption and ends with decisions on recovery or final disposal. Diversion of food waste from landfills is a critical component of this effort. To effectively divert food waste from landfills, sufficient capacity to process the diverted materials is required, much of which is provided by anaerobic digestion facilities. Knowledge of organics processing capacity is needed to facilitate food waste diversion.

      EPA's (or the Agency's) food recovery hierarchy prioritizes potential actions to prevent and divert wasted food. According to the hierarchy, processing wasted food via anaerobic digestion is a more desirable option than landfilling or incineration because it creates more benefits for the environment, society and the economy. Anaerobic digestion of food waste and other organic materials can generate renewable energy, reduce methane emissions to the atmosphere, and provide opportunities to improve soil health through the production of soil amendments. EPA's SMF program supports these efforts by educating state and local governments and communities about the benefits of wasted food diversion. EPA also builds partnerships with strategic partners interested in developing organics processing capacity and provides tools and technical support to assist organizations in developing anaerobic digestion (AD) projects.

   The nationwide collection of data about AD facilities processing food waste began in 2017 with a survey of all known AD facilities under the initial Information Collection Request (ICR No. 2533.01). EPA developed surveys for three different types of digesters: (1) stand-alone food waste digesters; (2) on-farm digesters that co-digest food waste; and (3) digesters at water resource recovery facilities (WRRFs) that co-digest food waste. The surveys are electronic and the data are exported to EPA in spreadsheet form. Links to the surveys are distributed by email and made accessible on EPA's AD website. The first report of findings based on these data was released in July 2018. These data allow EPA to:

 Verify the number and location of known AD facilities;
 Document the total processing capacity at these AD facilities;
 Document the types of food wastes, and the sources of these wastes, that are accepted at AD facilities;
 Document how much food waste was processed;
 Document how much biogas was produced;
    Analyze the end-uses of AD products (biogas and digestate); and,
 Understand additional information about AD facilities such as pre-processing/de-packaging activity, operational specifications, and gas cleaning systems.

   To maintain accuracy over time, this information collection will be conducted annually followed by annual publication of the aggregated results. Respondents for this ICR are: (1) Project Developers; (2) Project Owners/Operators; and (3) Livestock Farmers. EPA, state and local governments and other stakeholders can use the results to:

 Track changes in the AD facility universe, processing capacity, amount of food waste processed, and biogas production over time;
 Document trends in feedstock sources and types of feedstock processed;
 Focus efforts to decrease landfilling of wasted food; and
 Promote a better understanding of tipping fees, pre-processing/de-packaging activities, operational specifications, and gas cleaning systems.

   This ICR is for a renewal request for a collection approved by OMB for one year in September of 2019.  In their terms of clearance for the previous ICR (EPA ID: 2533.02), OMB specified that, "Upon re-submission to OMB, EPA must provide a Supporting Statement B and provide a robust rationale and justification for collecting the data."  Those items are addressed in this current package.  Because this ICR is being submitted in relatively soon after its predecessor, most other sections of the discussion, as well as the burden calculations, remain the unchanged.

2. NEED FOR AND USE OF THIS COLLECTION

2(a)	Need/Authority for the Collection

      The related legal authority is the Resource Conservation and Recovery Act (RCRA) Subtitle H Section 8003, "Coordination, Collection, and Dissemination of Information."

      Information collected from respondents will allow EPA to track, facilitate and measure the increase in capacity to process wasted food (organics) via anaerobic digestion throughout the United States. As the practice of organics diversion gains momentum in this country, the rate at which wasted food is diverted from landfills will continue to increase. The success of EPA's food waste diversion program is dependent on a steady increase of processing capacity over time. Prior to implementation of this ICR, EPA did not have the necessary data to demonstrate this growth or to document a baseline processing capacity. These data are essential for EPA to evaluate Agency activities designed to build such capacity. The importance of this type of data was also emphasized in EPA's SMM Strategic Plan (Fiscal Year 2017-2022).

2(b)	Practical Utility/Users of the Data

EPA will use information submitted by respondents to update and expand its dataset of AD facilities. Development and maintenance of this dataset enables EPA to support its stakeholders through identification of viable outlets for diverted food waste. Analysis of facility locations by state also supports evaluation of various state waste and energy policies for their effect on existing capacity as well as increases in capacity over time.

The data collected regarding design specifications, tipping fees, pre-processing of feedstocks, gas cleaning systems and end uses of AD products will increase EPA's ability to provide technical assistance to states and municipalities related to project design, implementation, cost effectiveness and successful business models. Collectively, these efforts are anticipated to have a positive impact on infrastructure development and industry growth overall.

EPA, state and local governments and other stakeholders can use the results to: track changes in facility universe, processing capacity, amount of food waste processed, and biogas production over time; document trends in feedstock sources and types processed; and focus efforts to decrease landfilling of wasted food.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) 	Nonduplication

For new respondents, the information to be collected has not been collected previously by EPA or any other federal agency. Comprehensive information about existing and new AD projects is not available through any other mechanism. To avoid requesting information that has already been collected, these data are collected annually for specific operational timeframes. Previously collected data cover operating years 2015, 2016, 2017, and 2018. Respondents are also given the opportunity to update other data parameters during each collection.

3(b)	Public Notice Required Prior to ICR Submission to OMB

      This Supporting Statement is associated with the second Federal Register notice for this ICR renewal. There were no comments received after the first Federal Register notice, 85 FR 34627, published June 5, 2020.

3(c) 	Consultations

      EPA staff contacted three respondents in 2018 to request information on the estimated amount of time required to respond to the electronic survey. All respondents consulted reported that the survey took between 10 and 30 minutes to complete. No new consultations were conducted on this renewal due to the fact that previous renewal was approved only one-year prior on 9/10/19.

Table 1: List of Respondent Consultations for the AD Facility Data Collection
Contact Person, Organization
Role
Email Address
Chanel Kirkpatrick, Chief Operator, Santa Rita Wastewater Reclamation Plant
WRRF AD Operator
<EMAIL_ADDRESS>Josh Rapport, VP of Research and Development, CleanWorld
AD Vendor/Consultant
<EMAIL_ADDRESS>John Van Nelson, Technical Services Manager, MillerCoors
Stand-alone AD Operator
<EMAIL_ADDRESS>
3(d)	Effects of Less Frequent Collection

      The electronic surveys used to collect the AD facility data will be distributed to potential respondents annually. EPA believes that any reduction in the frequency of this information collection would impede efforts to track changes in the AD facility universe, processing capacity, amount food waste processed, and biogas production over time. This information is needed to support and focus the EPA's SMF efforts to decrease landfilling of wasted food.

3(e)	General Guidelines

      Information collections performed under this clearance will follow all of OMB's General Guidelines regarding federal data collection.

3(f) 	Confidentiality

Participation in this data collection effort is voluntary. Respondents are not required to reveal confidential business information.

3(g) 	Sensitive Questions

      No questions of a sensitive nature are asked as part of this collection.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	Respondent NAICS Codes

      This ICR will include three different types of respondents involved in developing and operating anaerobic digesters: 1) project developers (including engineering firms and environmental consultants), 2) project owners and plant operators; and 3) livestock farmers.

      Table 2 identifies the applicable North American Industry Classification System (NAICS) codes for project developers and project owners/plant operators. The NAICS codes are further described using the Standard Occupational Classification (SOC) code and a description for each code. The SOC code will be used to determine the applicable labor rate for each type of respondent in these categories.

      Although there are specific NAICS codes for the cattle, dairy and swine farming industry, the Bureau of Labor Statistics (BLS) does not publish labor rates by SOC code within these specific NAICS codes. BLS adheres to a threshold of reliability before publishing more detailed data within the NAICS structure. For the farming sector there is not enough available data to meet this threshold. As a result, appropriate SOC codes from within the overall farming sector (Sector 11  -  Agriculture, Forestry, Fishing and Hunting) have been selected for applicable labor rates.

Table 2: Respondents to Information Collection
Respondent Type
NAICS Code
Standard Occupational Classification (SOC) code and description
Project Developers
541330
SOC code 17-2081: Environmental Engineers - Research, design, plan, or perform engineering duties in the prevention, control, and remediation of environmental hazards using various engineering disciplines. Work may include waste treatment, site remediation, or pollution control technology.

Project Owners or Plant Operators
221300
SOC Code 51-8031: Water and Wastewater Treatment Plant and System Operators - Operate or control an entire process or system of machines, often through the use of control boards, to transfer or treat water or wastewater.

541330
SOC code 17-2081: Environmental Engineers - Research, design, plan, or perform engineering duties in the prevention, control, and remediation of environmental hazards using various engineering disciplines. Work may include waste treatment, site remediation, or pollution control technology.

Livestock Farmers
N/A
Sector 11 - Agriculture, Forestry, Fishing and Hunting. SOC code 45-2091: Agricultural Equipment Operators

 		Table 3, below, provides example respondents under each respondent type, the applicable NAICS codes where appropriate, and the number of potential respondents for the program covered by this ICR. This table shows the number of potential respondents for each NAICS or sector.

Table 3: Number of Potential Respondents
Respondent Type
NAICS Code
Example Respondent(s)
Number of potential respondents
Project Developers
541330
Engineering firms, biogas vendors, construction companies, environmental consultants and system developers
                                      20
Project Owners or Plant Operators
221300
Water and Wastewater Treatment Plant and System Operator

                                      100

541330
AD facility operator, consulting firms/vendors (owner)
                                      60
Livestock Farmers
N/A
On-farm AD operators

                                      50

TOTAL (Year 1)
                                      230

TOTAL (Year 2)
                                      253

TOTAL (Year 3)
                                      278

Average Annual Respondents
                                      254

4(b)	Information Requested

      (i)	Data Items, Including Recordkeeping Requirements

Information will be collected annually for EPA's AD facility data collection. Electronic surveys specific to digester type will be used to collect information and track updates. As stated above in Section 1(b), data collected on anaerobic digesters for EPA's AD facility data collection is intended to provide information on the capacity for recycling of food-based materials and the growth of this capacity over time. Respondents will be requested to provide data via an electronic survey designed to obtain the following information on the facilities that are within their purview:

 Project name, type, location, and operational status;
 Feedstock type, source, and volume processed;
 Digester characteristics and capacity; and
 Information on tipping fees, pre-processing/de-packaging activities, operational specifications, gas cleaning systems, and the end-use of AD products.

This information is needed to effectively track existing AD projects and their capacity for processing food and other organic wastes and to gain a better understanding of the market for AD products. EPA's initial effort compiled preliminary AD facility data based on publicly available information. This original dataset has been supplemented with information collected during the first three years of annual data collection under this ICR.

The data on AD facilities will be collected annually for specific operational timeframes. Data collected in 2017 covered the operating year 2015, data collected in 2018 covered the operating year 2016, and data collected in 2019 covered the operating years 2017 and 2018. Upon authorization of this ICR, data will be collected from September 2020 through September 2023 for operating years 2019, 2020, and 2021.

Project owners and operators may choose to provide information to EPA more frequently than annually if there are changes to project status, capacity, processing rates etc. However, the effort will update information made available to the public on all projects on an annual basis. Participation does not require that any records be kept, although respondents will likely maintain file copies of information submitted to EPA.

 (ii)	Respondent Activities
      Respondents will provide the following information:

For first time data submittals respondents will:

          complete the electronic survey for their specific digester type (provided by EPA); and
          maintain a filed copy of the information submitted electronically (optional).

To provide annual updates to the AD facility dataset respondents will:

          provide updated information, if applicable, on the projects under the respondents' purview by completing an electronic survey (provided by EPA); and
          maintain a file copy of the information submitted electronically (optional).

5. THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

5(a)	Agency Activities

In requesting and receiving information under this ICR for development and maintenance of the AD facility dataset, EPA will complete the following tasks:

 Maintain a copy of all submitted data;
 Review information provided and follow up with the respondent, if necessary;
 Use information collected to enhance the existing AD facility dataset (annually);
 Prepare a Report of Findings using the data collected; and
 Post a Report of Findings on EPA's website (annually).

5(b)	Collection Methodology and Management

      EPA selected the methods for collecting this information to optimize efficiency and minimize the burden for respondents and EPA. The program will notify respondents by email with a request to complete the electronic survey. Data will be exported to EPA upon completion of the electronic survey. All information received from individual respondents (facilities) will be aggregated prior to its public release so that data from any one individual facility cannot be ascertained. Information on capacity, quantities processed, and tipping fees for individual facilities will be managed as confidential business information.

      In addition, to protect personally identifiable information, EPA will not disclose the exact address of any facility or information that could be used to identify any individual responding to this survey. To allow interested parties to identify the general location of AD facilities in the United States, the name of the facility, state, city, facility type, and operational status will be shared on EPA's website in the Report of Findings. However, the survey contains a question that participants can answer to opt out of having their general location being included in the report and the Excess Food Opportunities Map.

5(c)	Small Entity Flexibility

      Many of the project owners are municipalities or cities and the project operators are employees of municipalities or cities. Both municipalities and cities are considered government entities. According to the United States Small Business Administration (SBA), government entities are not permitted to be classified as small businesses for the purposes of this analysis.

      Based on the applicable thresholds for the remaining NAICS codes as established by the SBA (see: https://www.sba.gov/content/small-business-size-standards) some project developers and livestock farms may be considered small entities.

      In particular, engineering firms, biogas vendors, construction companies, environmental consultants, and system developers could all be classified as small entities.

      However, the average annual burden and cost per respondent requested under this ICR is estimated to be 30 minutes and $60, respectively.  The response burden does not require any capital investments, only a small amount of labor and EPA ensures that the process for responding to the AD electronic surveys is as efficient as possible through automatic data submission at the completion of the survey. This annual burden and cost is not expected to pose a significant burden on small entities. In addition, a response is requested by EPA, but not required and respondents may choose not to respond.

5(d)	Collection Schedule

      EPA will collect information annually for the AD facility data collection via electronic surveys. Data input by the respondents will be exported to EPA in spreadsheet form.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a)	Estimating Respondent Burden

      To obtain accurate hourly burden and cost estimates, EPA consulted with three stakeholders in 2018 regarding burden and cost assumptions. These stakeholders provided feedback on the survey revisions incorporated into this ICR renewal.

      The overall burden has not changed in this ICR, which was previously approved for one year by OMB in September 2019.

Table 4: Total Burden Hours for SMF AD Data Collection (3 Year Period)
Respondent Type
NAICS Code
Total Burden (hours) for 3-year ICR period (September 2020  -  September 2023)
Project Developers
                                    541330
                                      34
Project Owners or Plant Operators
                                    221300
                                      166

                                    541330
                                      100
Livestock Farmers
                                      N/A
                                      83
TOTAL

                                      382
Average Annual Burden Hours
                                      127

      The burden hours listed in the table above are based on the following assumption: each annual AD facility data collection requires 30 minutes (or less). The burden hour estimates displayed in Table 4 are rounded to the nearest hour. The respondent costs, including wage rate assumptions, are described below. Table 6 presents the estimated total respondent costs during the 3-year ICR period for each type of respondent, using the wage rates outlined in Table 5.

6(b)	Estimating Respondent Costs

             Estimating Labor Costs

      For each respondent type and NAICS code, EPA used the mean hourly wage for the applicable SOC codes, which are listed in Table 5, below. Since there are no SOC codes associated with the Livestock Farming NAICS codes, we are using the SOC codes for the appropriate agricultural sector (Sector 11 - Agriculture, Forestry, Fishing and Hunting - SOC code 45-2091: Agricultural Equipment Operators). Labor rates were not divided into clerical, legal, or other labor sub-categories for a specific NAICS code since respondents subject to the information collection effort will be primarily engineers/scientists. Rates were obtained from the Bureau of Labor Statistics' May 2019 National Industry-Specific Occupational Employment and Wage Estimates (see: http://www.bls.gov/oes/current/oessrci.htm#11). The total labor rate used to calculate cost was obtained by applying an overhead rate of 110 percent.

Table 5: Mean Hourly Wages by Respondent Type and SOC Code
Respondent Type
NAICS Code
SOC code
May 2019
Mean Hourly Wage ($)
May 2019
Mean Hourly Wage ($)
(+110% overhead)
Project Developers
541330
SOC code 17-2081: Environmental Engineers

                                     46.74

                                     98.15
Project Owners and Plant Operators
221300
SOC Code 51-8031: Water and Wastewater Treatment Plant and System Operators

                                     23.26

                                     48.85

541330
SOC code 17-2081: Environmental Engineers

                                     46.74

                                     98.15
Livestock Farmers
N/A (Using Sector 11  -  Agriculture, Forestry, Fishing and Hunting)
SOC code 45-2091: Agricultural Equipment Operators

                                     15.30

                                     32.13

             Estimating Capital and Operations and Maintenance Costs

      Because this information collection requires respondents only to report information that is already available to them, there are no capital costs. EPA does not expect that the operations and maintenance (O&M) costs of this program will be significant. The total costs for this information collection are summarized in Table 6, below, and are rounded to the nearest dollar. The total cost values are based on the fully loaded labor rates that include overhead as shown in Table 5 and the total burden hours in Table 4.

Table 6: Summary of Respondent Burden  -  Total Cost for SMF AD Data Collection (3 Year Period)
Respondent Type
NAICS Code
  Total Burden Cost ($) for 3-year ICR period (October 2020  -  October 2023)
Project Developers
                                    541330

                                     3,337
Project Owners or Plant Operators
                                    221300

                                     8,109

                                    541330

                                     9,815
Livestock Farmers
                                      N/A

                                     2,667
TOTAL

                                    23,928
Average Annual Burden Cost

                                     7,976

	The total cost for the entire 3-year ICR period is $23,928. This represents the total overall cost for the respondent portion of this ICR since there are no capital expenditures or O&M costs.

6(c)	Estimating Agency Burden and Costs

The following is a summary of the Agency burden associated with each activity, as described in Section 5(a).

 Maintain all submitted data received automatically through electronic surveys
   Clerical: 2 hours per update (updates are annual; 2 hours per year)
 Review the information provided and follow up with the respondent, if necessary
         Technical: 40 hours per update (updates are annual; 40 hours per year)
 Use information collected to enhance the existing AD facility dataset (annually)
         Technical: 40 hours (updates are annual; 40 hours per year)
 Prepare a Report of Findings using the data collected
   Technical: 120 hours (Technical Report will be produced annually; 8 hours per year)
 Review Report of Findings
         Managerial: 8 hours
 Post AD facility data collection data on the EPA website
Technical: 8 hours per update (updates are annual; 8 hours per year)

      Tables 7a and 7b present the estimated total Agency burden hours and costs, respectively, for the information collection activities associated with this ICR. The burden hours in Table 7a reflect the entire 3-year period covered by this ICR. The totals are rounded to the nearest hour. To obtain an hourly burden estimate for the entire ICR period, annual time estimates for each relevant labor category, as described above, were multiplied by three because all activities will be conducted annually. The totals in Table 7b reflect the associated cost by labor category based on the total burden hours presented in Table 7a.

EPA estimates an average hourly cost using set EPA salary rates for labor plus an additional 60 percent for overhead. To derive these estimates, EPA used the "Salary Table 2020 - GS" from the Department of Personnel Management (see: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2020/GS_h.pdf). For purposes of this ICR, EPA assigned staff the following government service levels: (1) Managerial Staff GS-15, Step 1; (2) Technical Staff - GS-13, Step 2; and (3) Clerical Staff - GS-5, Step 1. The corresponding salary rates are $52.40 for managerial staff, $35.93 for technical staff and $14.43 for clerical staff. When the 60 percent overhead is included, the corresponding rates are $83.84 for managerial staff, $57.48 for technical staff and $23.09 for clerical staff.

Table 7a: Total Agency Burden Hours

Labor Category
                         Total Agency Burden (hours):
                         October 2020  -  October 2023
Managerial (GS 15, step 1)
                                      24
Technical (GS-13, step 2)
                                      624
Clerical (GS-5, step 1)
                                       6
TOTAL
                                      654
Average Annual Burden Hours
                                      218

Table 7b: Total Agency Cost
Labor Category
                            Total Agency Cost ($):
                         October 2020  -  October 2023
                    Total Agency Cost +  60% Overhead ($):
                         October 2020  -  October 2023
Managerial (GS-15, step 1)
                                     1,257
                                     2,012
Technical (GS-13, step 2)
                                    22,420
                                    25,872
Clerical (GS-5, step 1)
                                     86.58
                                      138
TOTAL ($)
                                    23,764
                                    38,023
Average Annual Costs
                                     7,921
                                    12,674

Table 7b presents the total cost to the Agency as described in Section 5(a). The total Agency burden for the relevant ICR period is 654 hours and the total cost is $38,023.

6(d)	Estimating the Respondent Universe

These burden estimates are based on the total respondent universe.

Table 8a: Total Hours (3 Year Period)

                                 Total Hours:
                         October 2020  -  October 2023
AGENCY BURDEN
                                      654
RESPONDENT BURDEN
                                      382

Table 8b: Total Costs (3 Year Period)

                                Total Cost ($):
                         October 2020  -  October 2023
AGENCY COST
                                    38,023
RESPONDENT COST
                                    23,928
O&M/Capital Costs
                                       0

6(e)	Bottom Line Burden Hours and Costs

Over the 3-year period covered by this ICR, EPA estimates the total respondent burden to be 382 hours and $23,928. There are no O&M or capital costs. EPA estimates the total Agency burden to be 654 hours and $38,023. The annual respondent burden and cost, averaged over the three-year period, is 127 hours and $7,615, respectively. The annual Agency burden and cost, averaged over the three-year period, is 218 hours and $12,674.

6(f)		Reasons for Change in Burden

      The respondent burden remains unchanged in this renewal ICR.

6(g)	Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average approximately 30 minutes per response.

Burden means the total time, effort or financial resources expended by persons to generate, maintain, retain, and disclose or provide information to or for a federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. 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 OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

      To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket OLEM-2020-0259, which is available for online viewing at www.regulations.gov, or in person viewing at the Resource Conservation and Recovery Act Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Resource Conservation and Recovery Act Docket is<PHONE_NUMBER>.

	An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select "search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-RCRA-2015-0836 and OMB Control Number 2050-0217 in any correspondence.


                             Cyprodinil (PC 28802)
 First Registered: 1998 (No RED/TRED)
 Registrations: One technical (Syngenta), 4 end use products, 5 SLNS

Use Information:
 Cyprodinil is a selective fungicide with registered uses on almonds, citrus, grapes, kiwi, pistachios, pome fruits, stone fruits, tropical fruits, beans, berries, brassica leafy vegetables, carrots, chickpeas, cucurbits, herbs, leafy vegetables, leaves of root and tuber vegetables, bulb vegetables, root vegetables, ornamentals, strawberries, tomatoes, and watercress.
 Also applied to ornamental landscaped areas.
 NOT registered for homeowner use and no products registered for application to residential areas.
 Available as a water dispersible granule and an emulsifiable concentrate.
 Can be applied in liquid form either as a ground or aerial spray.
Human Health Risks:
 Highest dietary values for food + water are children 1-2 years old at 8.6% aPAD and 86% of cPAD
 No residential, occupational, or aggregate risks of concern.
Ecological Risks:
 All registered used may result in risk to listed (and a few uses to non-listed) aquatic freshwater invertebrates. Acute RQs ranged from 0.13 to 0.74 for all uses except watercress, with an RQ of 22.6 (LOC 0.5).  Chronic RQs ranged from 0.7-18.2 (LOC 1). Estuarine/marine invertebrates had acute RQs ranging 0.49-88.82 and chronic RQs from 1.8-78.4. Watercress RQs are an order of  magnitude higher than the use with the next highest RQs.
 Aquatic RQs do not account for reductions in runoff resulting from spray buffers (75ft ground, 150ft aerial) or from 10ft vegetative buffer strips.
 Direct application to water such as for the use on watercress also result in risk to listed freshwater fish (RQ 0.33, listed LOC 0.05), non-listed estuarine/marine fish (acute RQ 0.58, chronic 3.21, LOC 0.5 for acute, 1 for chronic) and listed aquatic vascular plants (RQ 13.39, LOC 1).
 The chronic LOC of 1 was exceeded for small, medium and large mammals feeding on short grass for every application rate modeled (RQs up to 2.6).
 No other risk to listed or non-listed species identified to terrestrial taxa (birds, plants, and insects) from any use or application rate of cyprodinil.
Next Steps:
 DRA to publish 12/2016


[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85358-85359]
[FR Doc No: 2023-26797]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2023-0038]

Initial Decision That Certain Frontal Driver and Passenger Air
Bag Inflators Manufactured by ARC Automotive Inc. and Delphi Automotive
Systems LLC Contain a Safety Defect; Second Extension of Written
Submission Deadline

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Second extension of deadline for written submissions in
response to agency's initial decision that certain frontal driver and
passenger air bag inflators manufactured by ARC Automotive Inc. and
Delphi Automotive Systems LLC contain a safety defect.

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

SUMMARY: The original deadline for the submission of written
information in response to the agency's Initial Decision was October
20, 2024. NHTSA previously extended the deadline to December 4, 2023,
and is now extending the deadline a second time. The new deadline is
December 18, 2023.

DATES: The written submission deadline related to the Initial Decision
published on September 8, 2023, at 88 FR 62140, is extended to December
18, 2023.

ADDRESSES:  You may submit written submissions to the docket number
identified in the heading of this document by any of the following
methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: All submissions must include the agency name and
docket number. Note that all written

submissions received will be posted without change to https://www.regulations.gov, including any personal information provided.
Please see the Privacy Act discussion below. We will consider all
written submissions received before the close of business on Monday,
December 18, 2023.
    Docket: For access to the docket to read background documents or
written submissions received, go to https://www.regulations.gov at any
time or to 1200 New Jersey Avenue SE, West Building Ground Floor, Room
W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal Holidays. Telephone:<PHONE_NUMBER>.
    Privacy Act: In accordance with 49 U.S.C. 30118(b)(1), NHTSA will
make a final decision only after providing an opportunity for
manufacturers and any interested person to present information, views,
and arguments. DOT posts written submissions submitted by manufacturers
and interested persons, without edit, including any personal
information the submitter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 Federal Docket
Management System (FDMS)), which can be reviewed at
www.transportation.gov/privacy.
    Confidential Business Information: If you wish to submit any
information under a claim of confidentiality, you must submit your
request directly to NHTSA's Office of the Chief Counsel. Requests for
confidentiality are governed by 49 CFR part 512. NHTSA is currently
treating electronic submission as an acceptable method for submitting
confidential business information (CBI) to the agency under part 512.
If you would like to submit a request for confidential treatment, you
may email your submission to Ashley Simpson in the Office of the Chief
Counsel at [email protected] or you may contact her for a secure
file transfer link. At this time, you should not send a duplicate
hardcopy of your electronic CBI submissions to DOT headquarters. If you
claim that any of the information or documents provided to the agency
constitute confidential business information within the meaning of 5
U.S.C. 552(b)(4), or are protected from disclosure pursuant to 18
U.S.C. 1905, you must submit supporting information together with the
materials that are the subject of the confidentiality request, in
accordance with part 512, to the Office of the Chief Counsel. Your
request must include a cover letter setting forth the information
specified in our confidential business information regulation (49 CFR
512.8) and a certificate, pursuant to Sec.  512.4(b) and part 512,
appendix A. In addition, you should submit a copy, from which you have
redacted the claimed confidential business information, to the Docket
at the address given above.

FOR FURTHER INFORMATION CONTACT: Ashley Simpson, Office of the Chief
Counsel, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590;<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On September 5, 2023, NHTSA issued an
Initial Decision That Certain Frontal Driver and Passenger Air Bag
Inflators Manufactured by ARC Automotive Inc. and Delphi Automotive
Systems LLC Contain a Safety Defect pursuant to 49 U.S.C. 30118(a) and
49 CFR 554.10. 88 FR 62140 (Sept. 8, 2023). More specifically, NHTSA
initially determined that certain air bag inflators manufactured by ARC
Automotive Inc. (ARC) and Delphi Automotive Systems LLC (Delphi)
through January 2018 may rupture when the vehicle's air bag is
commanded to deploy, causing metal debris to be forcefully ejected into
the passenger compartment of the vehicle, and that these rupturing air
bag inflators pose an unreasonable risk of serious injury or death to
vehicle occupants. In accordance with 49 U.S.C. 30118(b)(1) and 49 CFR
554.10(c)(4), the Initial Decision provided manufacturers and any
interested person an opportunity to present information, views, and
arguments in response to the Initial Decision at a public meeting and/
or by submitting written information to the Agency. The Initial
Decision scheduled the public meeting for October 5, 2023 and set a
deadline for written submissions of October 20, 2023. NHTSA previously
extended the written submission deadline to December 4, 2023. 88 FR
73069.
    To provide additional opportunity for any interested person to
present information, views, and arguments in response to the Initial
Decision, NHTSA is providing an additional 14 days to the period during
which interested persons can provide written submissions. The prior
deadline of December 4, 2023 is extended, and written submissions from
any interested person are now due on or before December 18, 2023.
    Authority: 49 U.S.C. 30118(a), (b); 49 CFR 554.10; delegations of
authority at 49 CFR 1.50(a) and 49 CFR 501.8.

Eileen Sullivan,
Associate Administrator for Enforcement.
[FR Doc. 2023-26797 Filed 12-6-23; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Notices]
[Pages 36898-36902]
[FR Doc No: 2022-13150]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95102; File No. SR-CBOE-2022-027]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Amend
Rule 5.4

June 14, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 3, 2022, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and
II, below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ 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\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend Rule 5.4. The text of the proposed rule change is provided
below.

(additions are underlined; deletions are [bracketed])
* * * * *
BILLING CODE 8011-01-P

[GRAPHIC] [TIFF OMITTED] TN21JN22.064

BILLING CODE 8011-01-C
* * * * *

    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, 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 amend Rule 5.4(a) to change the minimum
increment for all series of options on the Cboe Volatility Index (``VIX
options'') (if the Exchange does not list VIX options on a group basis)
and series of VIX options not listed under the Nonstandard Expirations
Pilot Program (if the Exchange lists VIX options on a group basis) to
$0.01 for series trading lower than $3.00 and $0.05 for series trading
at $3.00 or higher. Currently, the Exchange lists VIX options on a
group basis, so series of VIX options listed under the Nonstandard
Expirations Pilot Program (``VIXW options'') currently trade with a
minimum increment of $0.01 for all series trading prices. The proposed
rule change will permit the other group of VIX option series (those not
listed under the Nonstandard Expirations Pilot Program, which are
comprised of VIX options series that expire on the third Friday of the
month) to trade in smaller increments.\5\
---------------------------------------------------------------------------

    \5\ As proposed, if the Exchange were to stop listing VIX series
on a group basis, then the proposed increments of $0.01 for series
trading below $3.00 and $0.05 for series trade at or above $3.00
would apply to all VIX options series.
---------------------------------------------------------------------------

    The Exchange believes market demand (including by retail investors,
who generally prefer lower trading increments) supports a lower trading
increment for these series. The Exchange expects this more granular
pricing to lead to narrowing of the bid-ask spread for these options
and increase the possible number of price points available to investors
for these series. The Exchange believes tighter spreads will increase
order flow in VIX options, which additional liquidity ultimately
benefits all investors. Finer increments also permit more precise
pricing in line with the theoretical value of these options.
Additionally, penny pricing is available in weekly options on
competitor products such as the iPath S&P 500 VIX Short-Term Futures
exchange-traded note (``VXX''). As a result, the Exchange believes
penny pricing for VIX options is necessary for competitive reasons to
allow the Exchange to price these weekly options at the same level of
granularity as permitted for competitor products.\6\
---------------------------------------------------------------------------

    \6\ The Exchange notes that other options that trade on the
Exchange are currently permitted to trade in penny increments
because competitive products are able to trade in penny increments,
including VIXW options. See Rule 5.4 (the minimum for XSP options is
$0.01 because that is the minimum increment for SPY options, and the
minimum increment for DJX options is $0.01 for series below $3 and
$0.05 for series $3 and above because that is the minimum increment
for DIA options).
---------------------------------------------------------------------------

    The Exchange also notes that, while the Penny Interval Program
relates to multiply listed classes only, VIX options would be eligible
for that program, and thus for the same minimum trading increments as
being proposed in this rule filing. Specifically, pursuant to the Penny
Interval Program, option classes among the 300 most actively traded
multiply listed option classes overlying securities priced below $200,
or any index at any index level below $200, may be added to the Penny
Interval Program each year.\7\ Currently, the class with the lowest
cleared volume over the six-month period ending May 3, 2022 has a total
volume of 988,078 contracts. During that same six-month period, VIX
volume was 113,617,404 contracts, which would put it among the top five
classes currently eligible for the Penny Interval Program.
Additionally, the value of the VIX Index as of the close of regular
trading hours on May 3, 2022, was under 30 (and thus well under 200).
Therefore, VIX options have similar trading properties as other option
classes that are otherwise eligible for penny and nickel pricing.
---------------------------------------------------------------------------

    \7\ See Rule 5.4(d).
---------------------------------------------------------------------------

    Further, the Exchange notes that a majority of VIX options already
execute in penny increments. Specifically, in the first four months of
2022, approximately 62% of VIX option contract volume executed as part
of complex orders, which may execute in penny increments.\8\ In
addition, during that same time period, nearly 5% of VIX option
contract volume executed through an automated improvement mechanism
(``AIM'') auction for simple orders, which also permits penny
executions.\9\ Therefore, the proposed rule change will impact the
trading increment of approximately one-third of VIX options.
---------------------------------------------------------------------------

    \8\ See Rule 5.4(b).
    \9\ See Rule 5.37(a)(4).
---------------------------------------------------------------------------

    With regard to the impact of this proposed rule change on system
capacity, the Exchange has analyzed its capacity and represents that it
and the Options Price Reporting Authority have the necessary systems
capacity to handle any potential additional traffic associated with
this proposal. The Exchange does not believe any potential increased
traffic will become unmanageable since this proposed rule change with
respect to minimum trading increments is limited to a single class of
options. The proposed rule change does not impact the number of
expirations for VIX options the Exchange may list pursuant to Rule
4.13.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\10\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \11\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, 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. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \12\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ Id.
---------------------------------------------------------------------------

    In particular, the proposed rule change will permit more granular
pricing in VIX options, which may lead to narrowing of the bid-ask
spread for these options and increase the possible number of price
points available to investors for these series, which ultimately
increases liquidity to the

benefit of all investors. Additionally, as discussed above, at least
one competitive product participates in the Penny Interval Program and
thus may currently trade in penny and nickel increments. Therefore, the
proposed will and promote just and equitable principles of trade and
remove impediments to and perfect the mechanism of a free and open
market by allowing VIX options to trade at the same level of
granularity as permitted for competitor products.\13\ The Exchange
notes that VIX options have a volume and an underlying index price
consistent with option classes eligible for the Penny Interval Program
(and thus are able to trade in penny and nickel increments).
Additionally, as noted above, VIXW options and the majority of VIX
options already execute in penny increments.
---------------------------------------------------------------------------

    \13\ The Exchange notes that other options that trade on the
Exchange are currently permitted to trade in penny increments
because competitive products are able to trade in penny increments.
See 5.4 (the minimum for XSP options is $0.01 because that is the
minimum increment for SPY options, and the minimum increment for DJX
options is $0.01 for series below $3 and $0.05 for series $3 and
above because that is the minimum increment for DIA options).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change
will not impose any burden on intramarket competition that is not
necessary or appropriate, because all Trading Permit Holders will be
able to trade VIX options in the proposed minimum trading increments.
Additionally, all VIXW options may currently trade in penny increments,
and approximately two-thirds of VIX options volume execute in penny
increments as part of simple AIM or complex trading. The proposed rule
change will not impose any burden on intermarket competition that is
not necessary or appropriate, because it will permit VIX options to
have pricing consistent with the pricing of a competitive product that
is part of the Penny Interval Program and may currently trade in
increments of $0.01 or $0.05. The Exchange reiterates that VIX options
have a volume and an underlying index price consistent with option
classes eligible for the Penny Interval Program (and thus are able to
trade in penny and nickel increments).
    Additionally, the proposed rule change to permit VIX options to be
listed in penny and nickel increments may relieve any burden on, or
otherwise promote, competition, as it will allow market participants to
trade these options at the same level of granularity as permitted for
competitor products. The Exchange notes that other options that trade
on the Exchange are currently permitted to trade in penny increments
because competitive products are able to trade in penny increments.\14\
The Exchange also expects the more granular pricing to lead to
narrowing of the bid-ask spread for these options, which the Exchange
believes will increase order flow and price competition in VIX options.
---------------------------------------------------------------------------

    \14\ See Rule 5.4(a) (the minimum for XSP options is $0.01
because that is the minimum increment for SPY options, and the
minimum increment for DJX options is $0.01 for series below $3 and
$0.05 for series $3 and above because that is the minimum increment
for DIA options).
---------------------------------------------------------------------------

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

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

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

    Because the foregoing proposed rule change 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) of the Act \15\ and Rule 19b-
4(f)(6) \16\ thereunder.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\18\ 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 filing
may become operative immediately upon filing. As discussed above, the
proposal will permit pricing of VIX options in an increment at the same
level of granularity as currently is permitted for at least one
competitor product and other products with similar volumes and
underlying prices that are eligible for the Penny Interval Program. The
Commission finds that waiving the operative delay is consistent with
the protection of investors and the public interest because it will
allow the Exchange to make this pricing option available to investors
without delay. Therefore, the Commission waives the 30-day operative
delay and designates the proposed rule change as operative upon
filing.\19\
---------------------------------------------------------------------------

    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii).
    \19\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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 will institute proceedings to
determine whether the proposed rule change 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CBOE-2022-027 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-CBOE-2022-027. 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 (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the

public in accordance with the provisions of 5 U.S.C. 552, will be
available for 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; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-CBOE-2022-027 and should be submitted on or before July
12, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-13150 Filed 6-17-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60119-60120]
[FR Doc No: 2016-20588]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of Applications for Modification of Special Permit.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the ``Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft.

DATES: Comments must be received on or before September 30, 2016.

ADDRESS COMMENTS TO:  Record Center, Pipeline and Hazardous Materials
Safety

Administration, U.S. Department of Transportation, Washington, DC
20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT:  Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington, DC, or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on August 19, 2016.
Donald Burger,
Chief, Office of the Special Permits and Approvals.

----------------------------------------------------------------------------------------------------------------
                                                                         Regulation(s)     Nature of the special
    Application No.             Docket No.             Applicant           affected           permits thereof
----------------------------------------------------------------------------------------------------------------
                                              SPECIAL PERMITS DATA
----------------------------------------------------------------------------------------------------------------
10704-M................  .......................  Boost Oxygen, LLC.  173.302a(a)(1)....  To modify the special
                                                                                permit to authorize
                                                                                an additional
                                                                                packaging.
11110-M................  .......................  United Parcel       175.75, 175.75....  To modify the special
                                                   Service Co.                             permit to authorize
                                                                                certain Class 8
                                                                                hazardous materials
                                                                                which have no
                                                                                assigned packing
                                                                                group to be
                                                                                transported under the
                                                                                terms of the special
                                                                                permit.
13307-M................  .......................  United Phosphorus   172.500, 172.504,   To modify the special
                                                   Inc.                172.504, 172.504,   permit to authorize a
                                                                       172.504, 172.504,   new hazmat and new
                                                                       172.506.            packaging.
13996-M................  .......................  TK Holdings Inc...  ..................  To update the permit
                                                                                to bring it in line
                                                                                with regulatory
                                                                                changes made in HM-
                                                                                254 and HM-215M.
14175-M................  .......................  Linde Gas North     180.209(b)........  To authorize an
                                                   America LLC.                            additional hazmat to
                                                                                be carried in the
                                                                                permitted cylinders.
15869-M................  .......................  Mercedes-Benz USA,  ..................  To modify the special
                                                   LLC.                                    permit to authorize
                                                                                the transportation of
                                                                                production run
                                                                                lithium ion batteries
                                                                                weighing over 35 kg
                                                                                by cargo aircraft.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-20588 Filed 8-30-16; 8:45 am]
 BILLING CODE 4909-60-M


[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Pages 14476-14477]
[FR Doc No: 2017-05525]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 380, 383, and 384

[FMCSA-2007-27748]
RIN 2126-AB66

Minimum Training Requirements for Entry-Level Commercial Motor
Vehicle Operators

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

ACTION: Final rule; further delay of effective date.

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

SUMMARY: In accordance with the Presidential directive as expressed in
the memorandum of January 20, 2017, from the Assistant to the President
and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' this
action temporarily delays, until May 22, 2017, the effective date of
the final rule titled ``Minimum Training Requirements for Entry-Level
Commercial Motor Vehicle Operators,'' initially effective on February
6, 2017.

DATES: As of March 21, 2017, the effective date of the final rule
published on December 8, 2016 (81 FR 88732), delayed until March 21,
2017 at 82 FR 8903 on February 1, 2017, is further delayed until May
22, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations (MC-PSD) Division, FMCSA, 1200 New Jersey Ave. SE.,
Washington, DC 20590-0001, by telephone at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FMCSA bases this action on the Presidential
directive as expressed in the memorandum of January 20, 2017, from the
Assistant to the President and Chief of Staff, entitled ``Regulatory
Freeze Pending Review'' (the January 20, 2017, memorandum). That
memorandum directed the heads of Executive Departments and Agencies to
temporarily postpone for 60 days from the date of the memorandum the
effective dates of certain regulations that had been published in the
Federal Register, but had not yet taken effect. Because the original
effective date of the final rule published on December 8, 2016, fell
within that 60-day window, the effective date of the rule was extended
to March 21, 2017, in a final rule published on February 1, 2017 (82 FR
8903). Consistent with the memorandum of the Assistant to the President
and Chief of Staff, and as stated in the February 1, 2017, final rule
delaying the effective date, the Agency further delays the effective
date of this regulation until May 22, 2017.
    The Agency's implementation of this action without opportunity for
public comment is based on the good cause exceptions in 5 U.S.C.
553(b)(B) and 553(d)(3), in that seeking public comment is
impracticable, unnecessary and contrary to the public interest. The
delay in the effective date until May 22, 2017, is necessary to provide
the opportunity for further review and consideration of this new
regulation, consistent with the January 20, 2017, memorandum. Given the
imminence of the effective date of the ``Minimum Training Requirements
for Entry-Level Commercial Motor Vehicle Operators'' final rule,
seeking prior public comment on this temporary delay would be
impractical, as well as contrary to the public interest in the orderly
promulgation and implementation of regulations.

    Issued under the authority of delegation in 49 CFR 1.87 on:
March 15, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-05525 Filed 3-20-17; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 221 (Thursday, November 15, 2012)]
[Rules and Regulations]
[Pages 68050-68052]
[FR Doc No: 2012-27055]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0488; Directorate Identifier 2011-NM-106-AD;
Amendment 39-17244; AD 2012-22-08]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A300 B4-600 and A300 B4-600R, Model A300, and Model A310
series airplanes. This AD was prompted by reports of fatigue cracking
in the crossbeams at the junction of the actuator beam of the lower
deck cargo door. This AD requires repetitive inspections of the
crossbeams of certain fuselage frames, and repair if necessary. We are
issuing this AD to detect and correct cracking of the crossbeams at the
junction of the actuator beam of the lower deck cargo door, which could
result in failure to withstand ultimate load conditions, and consequent
reduced structural integrity of the airplane.

DATES: This AD is effective December 20, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of December 20,
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM published in the Federal Register on May 22, 2012 (77 FR
30228). That NPRM proposed to correct an unsafe condition for the
specified products. The Mandatory Continuing Airworthiness Information
(MCAI) states:

    Some operators have reported cracked crossbeams at the junction
with the lower deck cargo door actuator beam. The investigation
results indicate that these cracks initiated in the fastener hole,
propagated in a vertical direction and were due to fatigue.
    This condition, if not corrected, could lead, in case of cracks
propagation in a crossbeam (upper and lower web), to the floor grid
being unable to withstand ultimate load condition.
For the reasons described above, this [European Aviation Safety
Agency (EASA)] AD requires repetitive [high frequency eddy current]
inspections [for cracks] of certain crossbeams including those
previously repaired by the Structure Repair Manual (SRM) or Repair
Approval Sheet (RAS).

The required actions include repairing any cracking. As an option,
modifying the crossbeams terminates the repetitive inspections. You may
obtain further information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 30228, May 22, 2012) and the FAA's response to each comment.

Request To Clarify That Freighter Airplanes Are Not Affected

    UPS stated that the NPRM (77 FR 30228, May 22, 2012) does not apply
to its Model A300 F4-622R airplanes.
    We infer that the commenter is asking for clarification that its
airplanes are not affected by the proposed requirements. Freighter
airplanes identified as freighters on the initial certificate of
airworthiness are excluded from the applicability in this AD. The loads
distribution via the main deck cargo loading system onto the floor grid
is different from passenger airplanes. In addition, the European
Aviation Safety Agency (EASA), which is the aviation authority for the
Member States of the European Community, has granted an alternative
method of compliance (AMOC) for Airbus airplanes converted from
passenger to freighter configuration by EASA supplemental type
certificate (STC). We have changed the applicability in paragraph (c)
of this AD to exclude airplanes converted by the equivalent FAA STCs
ST01431NY, ST00177LA-D, and ST00100NY.

Request To Extend Repetitive Inspection Interval/Eliminate Compliance
Time for Corrective Action

    FedEx asked that the repetitive inspection interval specified in
paragraph (g) of the NPRM (77 FR 30228, May 22, 2012), be extended from
600 flight cycles to within 1,500 flight cycles or 24 months after the
effective date of the AD, whichever occurs first. FedEx stated that the
current repetitive inspection interval is ten times more frequent than
the 6,000-flight-cycle interval in the existing airworthiness
limitations items and maintenance review board requirements. FedEx
added that these maintenance program items have been performed
regularly at FedEx and have yielded few findings. FedEx noted that this
extension will coincide with its regular maintenance check schedule.
    FedEx also stated that paragraph (g)(2) of the NPRM (77 FR 30228,
May 22, 2012) specifies that, if a prior repair has

been done on the crossbeam, the corrective action requires
accomplishing a repair within 600 flight cycles after the effective
date of the AD. This places an additional burden on operators by
mandating replacement of the crossbeam.
    We disagree with the requests to extend the compliance time for the
repetitive inspections and to eliminate the compliance time for the
corrective action. Based on the data provided by Airbus, we determined
that repetitive intervals of 600 flight hours and doing the repair
before the accumulation of 10,000 total flight cycles since first
flight of the airplane, or within 600 flight cycles after the effective
date of this AD, whichever occurs later, is appropriate to address the
identified unsafe condition. In developing an appropriate compliance
time for these actions, we considered the urgency associated with the
subject unsafe condition, the manufacturer's recommendations, and the
practical aspect of accomplishing the required actions within a period
of time that corresponds to the normal scheduled maintenance for most
affected operators. In addition, our compliance time corresponds with
the compliance time of the parallel AD issued by EASA. Under the
provisions of paragraph (j)(1) of this AD, we will consider requests
for approval of an extension of the compliance time if sufficient data
are submitted to substantiate that the new compliance time would
provide an acceptable level of safety. We have not changed the AD in
this regard.

Product Identification Correction

    We have changed the product identification in this AD to specify
``Airbus.'' We inadvertently listed ``The Boeing Company'' in the
product identification section of the NPRM (77 FR 30228, May 22, 2012).

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD affects
about 152 products of U.S. registry. We also estimate that it will take
about 1 work-hour per product to comply with the basic requirements of
this AD. The average labor rate is $85 per work-hour. Based on these
figures, we estimate the cost of the AD on U.S. operators to be
$12,920, or $85 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2012-22-08 Airbus: Amendment 39-17244; Docket No. FAA-2012-0488;
Directorate Identifier 2011-NM-106-AD.

(a) Effective Date

    This AD is effective December 20, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A300 B2-1A, B2-1C, B2K-3C, B2-
203, B4-2C, B4-103, and B4-203 airplanes; Model A300 B4-601, B4-603,
B4-620, and B4-622 airplanes; Model A300 B4-605R and B4-622R
airplanes; and Model A310-203, -204, -221, -222, -304, -322, -324,
and -325 airplanes; certificated in any category; except those
airplanes identified in paragraph (c)(1), (c)(2), (c)(3), and (c)(4)
of this AD.
    (1) Airplanes on which Airbus Service Bulletin A300-53-6166
(Airbus Modification 13434) has been embodied in service (for Model
A300 B4-600 and A300 B4-600R series airplanes).
    (2) Airplanes on which Airbus Service Bulletin A300-53-0389
(Airbus Modification 13434) has been embodied in service (for Model
A300 series airplanes).
    (3) Airplanes on which Airbus Service Bulletin A310-53-2133
(Airbus Modification 13434) has been embodied in service (for Model
A310 series airplanes).
    (4) Airplanes modified by FAA Supplemental Type Certificate
(STC) ST01431NY, ST00177LA-D, or ST00100NY, as applicable.

(d) Subject

    Air Transport Association (ATA) of America Code 53: Fuselage.

(e) Reason

    This AD was prompted by reports of fatigue cracking in the
crossbeams at the junction of the actuator beam of the lower deck
cargo door. We are issuing this AD to detect and correct cracking of
the crossbeams at the junction of the actuator beam of the lower
deck cargo door, which could result in failure to withstand ultimate
load conditions, and consequent reduced structural integrity of the
airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Repetitive High Frequency Eddy Current Inspections

    (1) For airplanes on which the crossbeams at frames (FR) 22/23
and FR 61/62 have not

been repaired as specified in an Airbus structural repair manual or
repair approval sheet as of the effective date of this AD: Before
the accumulation of 10,000 total flight cycles since first flight of
the airplane, or within 600 flight cycles after the effective date
of this AD, whichever occurs later, perform a high frequency eddy
current (HFEC) inspection for cracking of the crossbeam fuselage
frame stations FR 22/23 and FR 61/62, in accordance with the
Accomplishment Instructions of the applicable service bulletin
identified in paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of
this AD. Repeat the inspection thereafter at intervals not to exceed
600 flight cycles until the modification specified in paragraph (i)
of this AD has been done.
    (i) Airbus Mandatory Service Bulletin A300-53-0390, dated
January 15, 2010 (for Model A300 series airplanes).
    (ii) Airbus Mandatory Service Bulletin A310-53-2134, dated
January 15, 2010 (for Model A310 series airplanes).
    (iii) Airbus Mandatory Service Bulletin A300-53-6168, dated
January 15, 2010 (for Model A300-600 series airplanes).
    (2) For airplanes on which the crossbeams at FR 22/23 and FR 61/
62 have been repaired as specified in an Airbus structural repair
manual or repair approval sheet as of the effective date of this AD:
Before the accumulation of 10,000 total flight cycles since first
flight of the airplane, or within 600 flight cycles after the
effective date of this AD, whichever occurs later, repair in
accordance with a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA) (or its delegated agent).

(h) Corrective Action

    If any crack is found during any inspection required by
paragraph (g) of this AD: Before further flight, repair any crack
using a method approved by the Manager, International Branch, ANM-
116; or EASA (or its delegated agent).

(i) Optional Terminating Action

    Modifying the crossbeam fuselage frame stations FR 22/23 and FR
61/62, including doing rotating probe inspections for cracks of
fastener holes, in accordance with the Accomplishment Instructions
of the applicable service bulletin identified in paragraph (i)(1),
(i)(2), or (i)(3) of this AD, and repairing any crack using a method
approved by the Manager, International Branch, ANM-116; or EASA (or
its delegated agent); terminates the repetitive inspections required
by paragraph (g)(1) of this AD.
    (1) Airbus Service Bulletin A300-53-0389, Revision 02, dated
April 27, 2011 (for Model A300 series airplanes).
    (2) Airbus Service Bulletin A310-53-2133, Revision 02, dated
April 27, 2011 (for Model A310 series airplanes).
    (3) Airbus Service Bulletin A300-53-6166, Revision 01, dated May
21, 2010 (for Model A300-600 series airplanes).

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(k) Related Information

    Refer to EASA Airworthiness Directive 2011-0086, dated May 12,
2011; and the service information identified in paragraphs (k)(1),
(k)(2), (k)(3), (k)(4), (k)(5), and (k)(6) of this AD, for related
information.
    (1) Airbus Mandatory Service Bulletin A300-53-0390, dated
January 15, 2010.
    (2) Airbus Mandatory Service Bulletin A300-53-6168, dated
January 15, 2010.
    (3) Airbus Mandatory Service Bulletin A310-53-2134, dated
January 15, 2010.
    (4) Airbus Service Bulletin A300-53-0389, Revision 02, dated
April 27, 2011.
    (5) Airbus Service Bulletin A300-53-6166, Revision 01, dated May
21, 2010.
    (6) Airbus Service Bulletin A310-53-2133, Revision 02, dated
April 27, 2011.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Mandatory Service Bulletin A300-53-0390, dated
January 15, 2010.
    (ii) Airbus Mandatory Service Bulletin A300-53-6168, dated
January 15, 2010.
    (iii) Airbus Mandatory Service Bulletin A310-53-2134, dated
January 15, 2010.
    (iv) Airbus Service Bulletin A300-53-0389, Revision 02, dated
April 27, 2011.
    (v) Airbus Service Bulletin A300-53-6166, Revision 01, dated May
21, 2010.
    (vi) Airbus Service Bulletin A310-53-2133, Revision 02, dated
April 27, 2011.
    (3) For service information identified in this AD, contact
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (4) You may review copies of the referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, Washington. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 24, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-27055 Filed 11-14-12; 8:45 am]
BILLING CODE 4910-13-P