[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
[Rules and Regulations]
[Pages 10971-10973]
[FR Doc No: 2020-03840]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0150; Product Identifier 2019-SW-063-AD; Amendment
39-21028; AD 2020-03-13]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Leonardo S.p.A. Model AW189 helicopters. This AD requires inspecting
the hydraulic fluid level on each tail rotor (T/R) damper and depending
on the inspection results, removing the T/R damper from service and
reporting information or repetitively inspecting the T/R damper. This
AD is prompted by reports of major leakage of hydraulic fluid in T/R
dampers. This condition could result in degradation of T/R damper
performance; multiple leaking T/R dampers could result in T/R damage
and subsequent loss control of the helicopter. The actions of this AD
are intended to address an unsafe condition on these products.

DATES: This AD becomes effective March 12, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of March 12, 2020.
    The FAA must receive comments on this AD by April 27, 2020.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0150; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the European Aviation Safety Agency (EASA) AD, any service
information that is incorporated by reference, the economic evaluation,
any comments received, and other information. The street address for
Docket Operations is listed above. Comments will be available in the AD
docket shortly after receipt.
    For service information identified in this final rule, contact
Leonardo S.p.A. Helicopters, Emanuele Bufano, Head of Airworthiness,
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone
+39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. You may review the referenced service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. It is
also available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0150.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Aerospace Engineer,
Safety Management Section, Rotorcraft Standards Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not provide you with notice and an opportunity
to provide your comments prior to it becoming effective. However, the
FAA invites you to participate in this rulemaking by submitting written
comments, data, or views. The FAA also invites comments relating to the
economic, environmental, energy, or federalism impacts that resulted
from adopting this AD. The most helpful comments reference a specific
portion of the AD, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit them only one time. The FAA will file in the docket all comments
received, as well as a report summarizing each substantive public
contact with FAA personnel concerning this rulemaking during the
comment period. The FAA will consider all the comments received and may
conduct additional rulemaking based on those comments.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD No. 2019-0160, dated July 5, 2019,
to correct an unsafe condition for Leonardo S.p.A. Model AW189
helicopters, with T/R damper part number (P/N) 4F640V00254 with a
serial number (S/N) up to LK1229 inclusive. The EASA AD excludes any T/
R damper that is marked with ``R'' on its S/N and any T/R damper that
has accumulated 150 flight hours or more since installation on a
helicopter and that has been continuously installed for 12 months or
more. EASA advises that occurrences were reported of leakage of the T/R
damper hydraulic fluid. EASA advises that the T/R damper hydraulic
fluid leakage occurred on newly installed T/R dampers and those that
had accumulated less than 150 flight hours. Therefore, the EASA AD
requires repetitive visual inspections of the hydraulic fluid level of
each T/R damper at intervals not to exceed 10 flight hours until the T/
R damper accumulates 150 flight hours since first installation and 10
months after the effective date of the EASA AD. The EASA AD also
provides a terminating action and requires a ground run following
installation of an affected T/R damper. Additionally, depending on the
inspection results, the EASA AD requires replacement of the affected
part with a serviceable part, returning T/R dampers for re-work and re-
identification, and emailing information and pictures to Leonardo
Helicopter Division.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is issuing this AD after
evaluating all known

relevant information and determining that an unsafe condition is likely
to exist or develop on other helicopters of the same type design.

Related Service Information Under 1 CFR Part 51

    Leonardo Helicopters has issued Emergency Alert Service Bulletin
(ASB) No. 189-226, dated July 5, 2019. The ASB specifies visually
checking for excess hydraulic fluid in each T/R damper and defines the
replacement and reporting criteria. The ASB also specifies performing a
ground run and subsequent visual check immediately after installing any
affected T/R damper on a helicopter.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

AD Requirements

    This AD requires, within 10 hours time-in-service (TIS) inspecting
the hydraulic fluid level of each affected T/R damper and repeating the
inspection at intervals not to exceed 10 hours TIS until the T/R damper
accumulates 150 total hours TIS and has been installed for 12 or more
consecutive months. Depending on the hydraulic fluid level, this AD
requires removing from service the affected T/R damper and emailing
photographs of the sight window showing the hydraulic fluid level and
certain information to Leonardo S.p.A Helicopters.
    After the effective date of this AD, following installation of an
affected T/R damper, this AD requires performing a ground run for at
least 30 minutes, inspecting the hydraulic fluid level, and repeating
the hydraulic fluid level inspection at intervals not to exceed 10
hours TIS until the T/R damper accumulates 150 total hours TIS and has
been installed for 12 consecutive months.

Differences Between This AD and the EASA AD

    The EASA AD requires returning removed parts to Leonardo Helicopter
Division, while this AD does not. Following installation of an affected
T/R damper, the EASA AD requires repeating the hydraulic fluid level
inspection until the T/R damper accumulates 150 total hours TIS, has
been installed for 12 consecutive months, and has been installed for 10
months after the effective date of the EASA AD. This AD requires
repeating the hydraulic fluid level inspection until the T/R damper
accumulates 150 total hours TIS and has been installed for 12
consecutive months instead.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 4 helicopters of U.S.
Registry. The FAA estimates that operators may incur the following
costs in order to comply with this AD. Labor costs are estimated at $85
per work-hour.
    Visually inspecting the hydraulic fluid level on all four T/R
dampers requires about 1 work-hour for an estimated cost of $85 per
helicopter and $340 for the U.S. fleet per inspection cycle.
    If required, replacing a T/R damper requires about 2 work-hours and
parts cost about $7,170 for an estimated cost of $7,340 per T/R damper.
    Reporting information requires about 1 work-hour for an estimated
cost of $85 per helicopter.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C.)
authorizes agencies to dispense with notice and comment procedures for
rules when the agency, for ``good cause'' finds that those procedures
are ``impracticable, unnecessary, or contrary to the public interest.''
Under this section, an agency, upon finding good cause, may issue a
final rule without seeking comment prior to the rulemaking.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because some of the corrective actions are required within 10 hours
TIS. Therefore, notice and opportunity for prior public comment are
impracticable and contrary to public interest pursuant to 5 U.S.C.
553(b)(3)(B). In addition, for the reasons stated above, the FAA finds
that good cause exists pursuant to 5 U.S.C. 553(d) for making this
amendment effective in less than 30 days.

Authority for This Rulemaking

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

Regulatory Findings

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

    2. Will not affect intrastate aviation in Alaska.

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):

2020-03-13 Leonardo S.p.A.: Amendment 39-21028; Docket No. FAA-2020-
0150; Product Identifier 2019-SW-063-AD.

(a) Applicability

    This AD applies to Leonardo S.p.A. Model AW189 helicopters,
certificated in any category, with a tail rotor (T/R) damper part
number (P/N) 4F6420V00254 with a serial number (S/N) up to LK1229
inclusive, installed, except:
    (1) Any T/R damper marked with a final dash ``R'' on the S/N, or
    (2) Any T/R damper that has accumulated 150 or more total hours
time-in-service (TIS) and has been installed for 12 or more
consecutive months.

(b) Unsafe Condition

    This AD defines the unsafe condition as leaking T/R damper
hydraulic fluid. This condition could result in degradation of T/R
damper performance. Multiple leaking T/R dampers could cause T/R
damage and subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective March 12, 2020.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) Within 10 hours TIS, inspect each T/R damper as follows:
With the T/R damper in the upper position and the sight window
downward at a 45-degree angle, inspect the hydraulic fluid level
through the sight window using a T/R damper inspection tool.
    (i) If the fluid level is over the pointing line in the red
zone, before further flight, remove from service the T/R damper.
    (ii) If the fluid level is under the pointing line in the white
zone, repeat the inspection per paragraph (e)(1) at intervals not to
exceed 10 hours TIS.
    (2) Within 10 days after removing any T/R damper from service,
as required by paragraph (e)(1)(i) of this AD, send photos of the
sight window showing the hydraulic fluid level and a completed Table
1 of Leonardo Helicopters Emergency Alert Service Bulletin No. 189-
226, dated July 5, 2019 to<EMAIL_ADDRESS>    (3) For each T/R damper with less than 150 total hours TIS and
that has been installed for less than 12 consecutive months, repeat
the actions required by paragraph (e)(1) of this AD within every 10
hours TIS until the T/R damper reaches 150 total hours TIS and has
been installed for 12 or more consecutive months.
    (4) For each T/R damper with less than 150 total hours TIS and
that has been installed for 12 or more consecutive months, repeat
the actions required by paragraph (e)(1) of this AD within every 10
hours TIS until the T/R damper reaches 150 total hours TIS.
    (5) For each T/R damper with 150 or more total hours TIS and
that has been installed for less than 12 consecutive months, repeat
the actions required by paragraph (e)(1) of this AD until the T/R
damper has been installed for 12 consecutive months.
    (6) After the effective date of this AD, do not install a T/R
damper P/N 4F6420V00254 with S/N up to LK1229 inclusive on any
helicopter, unless you have performed a ground run for at least 30
minutes and perform the actions required by paragraph (e)(1) of this
AD.
    (7) Repeating the inspection until the T/R damper reaches 150
total hours TIS and has been installed for 12 consecutive months
constitutes a terminating action for the repetitive inspection
required by paragraphs (e)(1) through (5) of this AD.

(f) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a currently valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 1 hour per response, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and
reviewing the collection of information. All responses to this
collection of information are mandatory. Send comments regarding
this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden to:
Information Collection Clearance Officer, Federal Aviation
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this AD. Send your proposal to:
Kristi Bradley, Aerospace Engineer, Safety Management Section,
Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth,
TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, the FAA suggests
that you notify your principal inspector, or lacking a principal
inspector, the manager of the local flight standards district office
or certificate holding district office, before operating any
aircraft complying with this AD through an AMOC.

(h) Additional Information

    (1) The subject of this AD is addressed in European Aviation
Safety Agency (EASA) AD No. 2019-0160, dated July 5, 2019. You may
view the EASA AD on the internet at https://www.regulations.gov by
searching for and locating it in Docket No. FAA-2020-0150.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6400, Tail Rotor
System.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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) Leonardo Helicopters Emergency Alert Service Bulletin No.
189-226, dated July 5, 2019.
    (ii) [Reserved]
    (3) For Leonardo Helicopters service information identified in
this AD, contact Leonardo S.p.A. Helicopters, Emanuele Bufano, Head
of Airworthiness, Viale G.Agusta 520, 21017 C.Costa di Samarate (Va)
Italy; telephone +39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. 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, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on February 13, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-03840 Filed 2-25-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 126 (Tuesday, July 1, 2014)]
[Notices]
[Pages 37332-37333]
[FR Doc No: 2014-15374]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0833]

Office of the Commissioner; Request for Comments on the Food and
Drug Administration Fiscal Year 2014-2018 Strategic Priorities
Document; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) is seeking public
comments on its draft Strategic Priorities Fiscal Year (FY) 2014-2018
document. FDA has identified these cross-cutting strategic priorities
and core mission goals that will guide its efforts to achieve its
public health mission. FDA is seeking public comment to help further
refine these priorities and goals.

DATES: Submit either electronic or written comments by July 31, 2014.

ADDRESSES: Submit electronic comments to http://www.regulations.gov.
Submit written comments to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Darian Tarver, Office of the

Commissioner, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 32, Rm. 3238, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is posting its draft Strategic Priorities FY 2014-2018 document
to ensure that the public has an opportunity to comment on this
document.
    The purpose of this document is to outline FDA's strategic
intentions and plans for the next 4 years. This document identifies
five cross-cutting strategic priorities and four core mission goals
that will guide efforts to achieve FDA's public health mission and to
fulfill its role in supporting the larger mission and strategic goals
of the Department of Health and Human Services. The five cross-cutting
strategic priorities are: (1) Regulatory science, (2) globalization,
(3) safety and quality, (4) smart regulation, and (5) stewardship. The
four core mission goals are: (1) Enhance oversight of FDA-regulated
products, (2) improve and safeguard access to FDA-regulated products to
benefit health, (3) promote better informed decisions about the use of
FDA-regulated products, and (4) strengthen organizational excellence
and accountability.
    For comparison purposes, the current FDA Strategic Priorities FY
2011-2015 document can be viewed at http://www.fda.gov/AboutFDA/ReportsManualsForms/Reports/ucm227527.htm.
    The text of the draft Strategic Priorities FY 2014-2018 document is
available in a downloadable portable document format through FDA's Web
site: http://www.fda.gov/AboutFDA/. We look forward to receiving your
comments (see DATES).

II. Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: June 26, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-15374 Filed 6-30-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)]
[Notices]
[Pages 10143-10147]
[FR Doc No: 2017-02640]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79959; File No. SR-PEARL-2017-06]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
of a Proposed Rule Change To Amend Exchange Rule 519A, Risk Protection
Monitor for Orders Entered via the FIX Interface (``RPM-FIX''), and
Exchange Rule 519B, Risk Protection Monitor for Orders Entered via the
MEO Interface (``RPM-MEO'')

February 3, 2017.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on February 2, 2017, MIAX PEARL, LLC (``MIAX
PEARL'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Exchange Rule 519A, Risk Protection
Monitor for Orders Entered via the FIX Interface (``RPM-FIX''), and
Exchange Rule 519B, Risk Protection Monitor for Orders Entered via the
MEO Interface (``RPM-MEO'').
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/rule-filings/pearl, at MIAX
PEARL's principal office, 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 Exchange Rule 519A, Risk Protection
Monitor for Orders Entered via the FIX Interface (``RPM-FIX'') to make
the protections provided by the Rule available to all Members \3\ of
the Exchange, and to make their usage mandatory for Electronic Exchange
Members (``EEMs'').\4\ Additionally, the Exchange proposes to amend
Exchange Rule 519B, Risk Protection Monitor for Orders Entered via the
MEO Interface (``RPM-MEO'') to align the rule text to the proposed
change to Rule 519A and to make it mandatory for EEMs using MEO to use
the protections provided by the Rule.
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    \3\ The term ``Member'' means an individual or organization that
is registered with the Exchange pursuant to Chapter II of MIAX PEARL
Rules for purposes of trading on the Exchange as an ``Electronic
Exchange Member'' or `` ``Market Maker.'' Members are deemed
``members under the Exchange Act. See Exchange Rule 100.
    \4\ The term ``Electronic Exchange Member'' or ``EEM'' means the
holder of a Trading Permit who is a Member representing as agent
Public Customer Orders or Non-Customer Orders on the Exchange and
those non-Market Maker Members conducting proprietary trading.
Electronic Exchange Members are deemed ``members'' under the
Exchange Act. See Exchange Rule 100.
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Exchange Rule 519A. Risk Protection Monitor for Orders Entered via the
FIX Interface (``RPM-FIX'')
    The Exchange proposes to amend Exchange Rule 519A, Risk Protection
Monitor for Orders Entered via the FIX Interface (``RPM-FIX'') by
replacing ``EEM'' with ``Member'' to make the risk protections
described in the rule available to all Members of the Exchange. MIAX
PEARL Members may connect to the System \5\ using the FIX Order
Interface and/or the MIAX Express Order (``MEO'') Interface. These two
connection protocols are not mutually exclusive and Members,
specifically Market Makers (``MMs'') \6\ on the Exchange, may use MEO
for providing liquidity to the Exchange via their Market Making
activities; and FIX for removing liquidity from the Exchange. The
Exchange seeks to provide risk protection tools to all

Members using FIX, and not just EEM Members.
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    \5\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
    \6\ The term ``Market Maker'' or ``MM'' means a Member
registered with the Exchange for the purpose of making markets in
options contracts traded on the Exchange and that is vested with the
rights and responsibilities specified in Chapter VI of MIAX PEARL
Rules. See Exchange Rule 100.
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    As proposed, RPM-FIX would provide protections to all Members by
establishing a counting program that will count the number of orders
entered and the number of contracts traded via an order entered during
a specified time period established by the Member. The RPM-FIX Monitor
would maintain one or more Member-configurable settings, allowing
Members to establish FIX Interface Allowable Order Rate setting(s) and
FIX Interface Allowable Contract Execution Rate setting(s). When a
Member's order is entered or executed, the System would look back over
the specified time period to determine if the Member had entered a
number of orders exceeding their FIX Interface Allowable Order Rate
setting or executed a number of contracts exceeding their FIX Interface
Allowable Contract Execution Rate setting, and take action as provided
by the rule.
    Additionally, the Exchange proposes to harmonize the language and
structure of MIAX PEARL Rule 519A, with MIAX Options Rule 519A, Risk
Protection Monitor, which provides a more cohesive paragraph describing
the Risk Protection Monitor feature, its functionality, the ability of
Members to establish and configure multiple Risk Protection Monitor
settings, and the ability of Members to determine one of three
alternative actions to be taken by the Risk Protection Monitor once it
is triggered. MIAX PEARL and MIAX Options have a number of common
Members and where feasible the Exchange intends to implement similar
behavior to provide consistency between the markets so as to avoid
confusion among Members.
    The Exchange also proposes to require mandatory participation by
EEMs and new paragraph (b) of Rule 519A states that EEMs using the FIX
Interface must establish at least one FIX Interface Allowable Order
Rate setting with a corresponding specified time period of not less
than one second, and not to exceed ten seconds, as established by the
Exchange and communicated to Members via Regulatory Circular (a
``Corresponding Specified Time Period'') and at least one FIX Interface
Allowable Contract Execution Rate setting (with a Corresponding
Specified Time Period). The Exchange believes that establishing the
Corresponding Specified Time Period within these parameters will
provide minimum and maximum guidelines for EEMs, making their required
use of the Risk Protection Monitor more effective and efficient.
    The Risk Protection Monitor settings must be configured by the EEM
such that RPM-FIX, when triggered, will perform one of two steps set
forth in proposed Rule 519A(a): Either (A) prevent the System from
receiving any new orders in all series in all classes from the EEM; or
(B) prevent the System from receiving any new orders in all series in
all classes from the EEM and cancel all existing orders with a time-in-
force of Day in all series in all classes from the EEM. Under the
mandatory provision of proposed Rule 519A(b), the simple Member
notification option included in section (C) of the proposed Rule
519A(a) would not be available. As proposed, Rule 519A provides that
Members may establish additional FIX Interface Allowable Order Rate
settings and additional FIX Interface Allowable Contract Rate settings,
and any such additional settings may be configured to perform the step
set forth in either (A), or (B), or (C) of Rule 519A as described
above, upon engagement of the RPM-FIX Monitor.
    While the risk protections available under RPM-FIX are available
for all Members of the Exchange, the Exchange believes that mandating
one class of Member (EEMs) and not the other (MMs) to use the risk
protections provided in the rule to be acceptable given the current
construction of the Exchange. The Exchange does not anticipate that
every Market Maker will have a FIX Order Interface connection. Further,
the Exchange anticipates that Market Makers that do establish a FIX
Order Interface connection will use the connection in limited
circumstances, and will primarily use the MEO Interface as discussed
below. Therefore, the Exchange does not believe it is necessary to
require all Members with a FIX Interface connection to use the RPM-FIX
Monitor.
    The Exchange believes that providing Members with the ability to
establish multiple RPM-FIX settings enhances the Members' ability to
account for sudden market movements due to extreme market volatility,
and for heightened activity in one particular option or group of
options in a particular industry or segment of the market due to news
or other factors affecting the activity surrounding such option or
options.
Exchange Rule 519B. Risk Protection Monitor for Orders Entered via the
MEO Interface (``RPM-MEO'')
    The Exchange proposes to amend Exchange Rule 519B, Risk Protection
Monitor for Orders Entered via the MEO Interface (``RPM-MEO'') to
mandate that EEMs with a MEO Interface connection use the risk
protections described in the rule. Additionally, the Exchange proposes
to harmonize the rule text with the proposed changes to Rule 519A, Risk
Protection Monitor for Orders Entered via the FIX Interface (``RPM-
FIX'') described and contained herein as it relates to the
functionality, organization, and structure of the Rule.
    As proposed, RPM-MEO provides identical protections as RPM-FIX by
establishing a counting program that will count the number of orders
entered and the number of contracts traded via an order entered through
the MEO Interface during a specified time period established by the
EEM. RPM-MEO maintains one or more EEM-configurable settings, allowing
EEMs to establish MEO Interface Allowable Order Rate setting(s) and MEO
Interface Allowable Contract Execution Rate setting(s). When an EEM's
order is entered or executed, the System will look back over the
specified time period to determine if the EEM has entered a number of
orders exceeding their MEO Interface Allowable Order Rate setting or
executed a number of contracts exceeding their MEO Interface Allowable
Contract Execution Rate setting, and take action as provided by the
rule.
    The Exchange believes that providing EEMs with the ability to
establish multiple RPM-MEO settings enhances the EEMs' ability to
account for sudden market movements due to extreme market volatility,
and for heightened activity in one particular option or group of
options in a particular industry or segment of the market due to news
or other factors affecting the activity surrounding such option or
options.
    The Exchange believes that permitting one type of Member (EEMs) and
not the other (MMs) to use the risk protections provided in the rule to
be acceptable given the current construction of the Exchange. Market
Makers have a heightened obligation on the Exchange to maintain a two-
sided market, pursuant to Rule 605(d)(1), in those series in which the
Market Maker has registered to trade.\7\ Exchange Rule 605, Market
Maker Quotations, details various requirements associated with a Market
Maker's quotes, such as ``Size Associated with Quotes'', ``Firm
Quotes'', and ``Continuous Quotes''.\8\ A quote on the Exchange is
defined as, ``[. . .] a bid or offer entered by a Market Maker as a
firm order that updates the Market Maker's previous bid or offer, if
any [. . .].'' \9\ Currently, there is not a separate Market Maker
quote transaction available on the

Exchange. The Exchange's definition of a quote further provides that,
``[w]hen the term order is used in these Rules and a bid or offer is
entered by the Market Maker in the option series to which such Market
Maker is registered, such order shall, as applicable, constitute a
quote or quotation for purposes of these Rules.'' \10\
---------------------------------------------------------------------------

    \7\ See Exchange Rule 604(a)(1).
    \8\ See Exchange Rule 605.
    \9\ See Exchange Rule 100.
    \10\ See Exchange Rule 100.
---------------------------------------------------------------------------

    Market Makers self-assign the series for which they choose to act
as a Market Maker and may register daily for these series.\11\ A Market
Maker could easily have an obligation to provide continuous quotes for
a large number of series. To provide two-sided quotes a Market Maker
will need to submit orders (as there is no separate quote transaction
currently available on the Exchange) to meet its obligation. The MEO
interface is designed to enable Market Makers to satisfy their
obligations on the Exchange by providing a Bulk Liquidity Message which
allows the Member to submit multiple messages to the System. It is not
anticipated by the Exchange that a Market Maker would use the FIX
Interface as its primary connection to the Exchange nor send
significant order flow via the FIX Order Interface, as the FIX protocol
utilized by the Exchange does not provide support for the submission of
bulk messages.
---------------------------------------------------------------------------

    \11\ See Exchange Rule 602.
---------------------------------------------------------------------------

    A large volume of orders submitted to the Exchange could trigger
RPM-MEO, therefore the Exchange believes that the use of RPM-MEO is not
necessary for Market Makers, as there is a separate risk protection
mechanism available to Market Makers to address this risk. The Exchange
offers Risk Protection for Market Makers under Exchange Rule 517B,
Aggregate Risk Manager for Market Makers (``ARM-M'') which provides a
similar counting program (``MM Counting Program'') for each Market
Maker who has submitted an order in an option class (an ``MM Option
Class'') delivered via the MEO Interface (an ``MM ARM Eligible
Order''). The MM Counting program will count the number of contracts
executed by a Market Maker from an MM ARM Eligible Order (``MM ARM
Contracts'') within a specified time period either established by the
Market Maker or as a default setting (``MM Specified Time Period'').
    The Exchange provides default settings for Market Makers for both
the MM Specified Time Period, which is not to exceed fifteen (15)
seconds \12\ and an MM Allowable Engagement Percentage.\13\ Market
Makers may configure these parameters to suit their risk tolerance.
ARM-M protects Market Makers and assists them in managing risk by
limiting the number of contracts they can execute in an option class on
the Exchange within a specified time period that has been established
by the Market Maker. The System will engage ARM-M in a particular MM
Option Class when the MM Counting Program has determined that a Market
Maker has executed during the MM Specified Time Period a number of MM
ARM Contracts from an MM ARM Eligible Order equal to or above their MM
Allowable Engagement Percentage. ARM-M will then, until the Market
Maker sends a notification to the System of the intent to reengage and
submits a new order in the MM Option Class: (i) Automatically cancel
the MM ARM Eligible Orders in all series of that particular MM Option
Class and (ii) reject new orders by the Market Maker in all series of
that particular MM Option Class submitted using the MEO Interface.
---------------------------------------------------------------------------

    \12\ The Exchange notes the proposed default setting will be one
(1) second.
    \13\ The Exchange notes the proposed default setting will be
105%.
---------------------------------------------------------------------------

    The Exchange is proposing that use of RPM-MEO be mandatory for EEMs
who have a MEO Interface connection to the Exchange. While the Exchange
does not anticipate that all EEMs will have a MEO Interface connection,
the Exchange wishes to ensure that the same risk protections are
provided for EEM orders irrespective of the means by which they are
introduced to the System. RPM-MEO settings must be configured by the
EEM in an identical fashion to RPM-FIX such that RPM-MEO, when
triggered, will perform one of two steps set forth in proposed Rule
519B(a): Either (A) prevent the System from receiving any new orders in
all series in all classes from the EEM; or (B) prevent the System from
receiving any new orders in all series in all classes from the EEM and
cancel all existing orders with a time-in-force of Day in all series in
all classes from the EEM. Under the mandatory provision of proposed
Rule 519B(b), the simple EEM notification option included in section
(C) of the proposed Rule 519B(a) would not be available. Proposed Rule
519B provides that EEMs may establish additional MEO Interface
Allowable Order Rate settings and additional MEO Interface Allowable
Contract Rate settings, and any such additional settings may be
configured to perform the step set forth in either (A), or (B), or (C)
of Rule 519B as described above, upon engagement of the RPM-MEO
Monitor.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \14\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \15\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed change to the
functionality, organization, and language of Rule 519A, Risk Protection
Monitor for Orders Entered via the FIX Interface (``RPM-FIX'') to align
to MIAX Options Rule 519A, Risk Protection Monitor, better organizes
the rule and clarifies the features and functionality of RPM-FIX.
Aligning similar rules on MIAX PEARL and MIAX Options provides
transparency and clarity in the rules and minimizes the potential for
confusion, thereby protecting investors and the public interest.
Additionally, aligning Rule 519B, Risk Protection Monitor for Orders
Entered via the MEO Interface (``RPM-MEO'') to proposed Rule 519A
provides consistency between similar Exchange rules to avoid confusion
and promotes the protection of investors and the public interest.
    The Exchange believes that the proposal to expand the risk
protections provided in Rule 519A to all Members of the Exchange
promotes just and equitable principles of trade by ensuring that all
Members using FIX for order submission to the Exchange can have risk
protections in place to account for sudden market movements due to
extreme market volatility. The proposed rule change will help reduce
the negative impacts of sudden, unanticipated volatility in individual
options, and serve to preserve an orderly market in a transparent and
uniform manner, increase overall market confidence, and promote fair
and orderly markets and further the protection of investors.
    The Exchange believes that EEMs should be required to use the risk
protection features provided in the proposed changes to Rule 519A and
519B to manage their risk from excessive order or execution rates that
may be triggered by market events. The

Exchange believes the proposal removes impediments to and perfects the
mechanisms of a free and open market and a national market system and
in general, protects investors and the public interest. The proposal
assures Members and the investing public that RPM-FIX and RPM-MEO is
active for all EEM orders submitted to the Exchange.
    The Exchange believes that all Members, and not just EEMs, will
benefit from the proposed changes to Rule 519A, Risk Protection Monitor
for Orders Entered via the FIX Interface (``RPM-FIX''). Additionally,
the Exchange believes that EEMs will benefit from the proposed
mandatory use of the Risk Protection Monitor, coupled with the ability
of EEMs to tailor their use of the Risk Protection Monitor to their
risk tolerance levels. Members are vulnerable to risks stemming from
market events which may cause them to send a large number of orders or
receive multiple, automatic executions before they can adjust their
order exposure in the market. Without adequate risk management tools,
such as RPM-FIX and RPM-MEO, Members could reduce the amount of order
flow and liquidity that they provide to the market. Such actions may
undermine the quality of the markets available to customers and other
market participants. Accordingly, the proposed amendments to RPM-FIX
and RPM-MEO, especially its mandated use by EEMs, should instill
additional confidence in Members that submit orders to the Exchange
that their risk tolerance levels are protected, and thus should
encourage such Members to submit additional order flow and liquidity to
the Exchange with the understanding that they must have this
protection, thereby removing impediments to and perfecting the
mechanisms of a free an open market and a national market system and,
in general, protecting investors and the public interest.
    In addition, providing Members with the ability to establish
multiple RPM-FIX settings and EEMs with the ability to establish
multiple RPM-MEO settings provides Members with more tools to use in
managing their specific risks based on their individual risk tolerance
levels. This facilitates transactions in securities because, as noted
above, Members will have more confidence that protections are in place
that reduce the risks from potential market events. As a result, RPM-
FIX and RPM-MEO functionality, together with the mandated use by EEMs,
has the potential to promote just and equitable principles of trade and
contribute to the fair and orderly maintenance of the market.

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

    MIAX PEARL does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
    The Exchange believes that the amendments to RPM-FIX and RPM-MEO
help promote competition by enabling Members to trade more aggressively
on the Exchange, with the understanding that there are multiple,
configurable risk management tools in place in the System. The Exchange
believes the proposed changes will not impose any burden on intra-
market competition because the use of the RPM-FIX and RPM-MEO is
required of all EEMs.
    The Exchange further believes that the proposed mandatory risk
protections should promote inter-market competition, and result in more
competitive order flow to the Exchange by protecting market
participants from market events that may cause them to send a large
number of orders or receive multiple, automatic executions before they
can adjust their order exposure in the market.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \16\ and Rule 19b-4(f)(6)
thereunder.\17\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \18\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \19\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. In its filing
with the Commission, the Exchange has asked the Commission to waive the
30-day operative delay so that the proposal may become operative
immediately upon filing. The Commission believes that waiving the 30-
day operative delay is consistent with the protection of investors and
the public interest. The Commission notes that waiver of the operative
delay will allow the proposed rules to become operative before the
Exchange intends to commence operations as a national exchange on
February 6, 2017. The Exchange notes that MIAX PEARL and MIAX Options
have a number of common Members and where feasible the Exchange intends
to implement similar risk protections to provide consistency between
markets so as to avoid confusion among Members. Accordingly, the
Commission hereby waives the operative delay and designates the
proposal operative upon filing.\20\
---------------------------------------------------------------------------

    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
    \20\ 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 shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-PEARL-2017-06 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-PEARL-2017-06. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 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-PEARL-2017-06 and should be
submitted on or before March 2, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-02640 Filed 2-8-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Notices]
[Page 57852]
[FR Doc No: 2020-20369]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-2847-000]

AB Lessee, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
AB Lessee, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 30, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: September 10, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-20369 Filed 9-15-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 6, 2008 (Volume 73, Number 152)]
[Notices]
[Page 45758]
[DOCID:fr06au08-60]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-8376-5]

Access to Confidential Business Information by Computer Sciences
Corporation's Identified Subcontractor

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has authorized a subcontractor, of its prime contractor
Computer Sciences Corporation (CSC) of Chantilly, VA, to access
information which has been submitted to EPA under all sections of the
Toxic Substances Control Act (TSCA). Some of the information may be
claimed or determined to be Confidential Business Information (CBI).

DATES: Access to the confidential data will occur no sooner than August
13, 2008.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address: TSCA-
<EMAIL_ADDRESS>    For technical information contact: Scott Sherlock, Environmental
Assistance Division (7408M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address: scott<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Notice Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to you if you are or may be required to conduct
testing of chemical substances under TSCA. Since other entities may
also be interested, the Agency has not attempted to describe all the
specific entities that may be affected by this action. If you have any
questions regarding the applicability of this action to a particular
entity, consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPPT-2003-0004. All documents
in the docket are listed in the docket's index available at http://
www.regulations.gov. Although, listed in the index, some information is
not publicly available, e.g., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at http://
www.regulations.gov, or, if only available in hard copy, at the OPPT
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. What Action is the Agency Taking?

    Under GSA Contract Number GS00T99ALD0204, Task Order Number
T0002AJMZ39, contractor CSC of 15000 Conference Center Dr., Chantilly,
VA, and its subcontractor KForce of 12010 Sunset Hills Rd., Suite 200,
Reston, VA, will assist the Office of Pollution Prevention and Toxics
(OPPT) in computer operations and maintenance of TSCA CBI Computer
Systems and Communications Network, linking CBI sites, located in
Washington, DC. CSC and its subcontractor will also assist in
maintaining and operating the EPA CBI computer facilities located in
Research Triangle Park, NC.
    In accordance with 40 CFR 2.306(j), EPA has determined that under
GSA Contract Number GS00T99ALD0204, Task Order Number T0002AJMZ39, CSC
and its subcontractor will require access to CBI submitted to EPA under
all sections of TSCA to perform successfully the duties specified under
the contract. CSC and its subcontractor personnel will be given access
to information submitted to EPA under all sections of TSCA. Some of the
information may be claimed or determined to be CBI.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA that EPA may provide CSC and its
subcontractor access to these CBI materials on a need-to-know basis
only. All access to TSCA CBI under this contract will take place at EPA
Headquarters and Research Triangle Park, NC facilities.
    CSC and its subcontractor will be authorized access to TSCA CBI at
EPA Headquarters and the Research Triangle Park, NC facilities under
the EPA TSCA CBI Protection Manual.
    Access to TSCA data, including CBI, will continue until September
30, 2008. If the contract is extended, this access will also continue
for the duration of the extended contract without further notice.
    CSC and its subcontractor personnel will be required to sign
nondisclosure agreements and will be briefed on appropriate security
procedures before they are permitted access to TSCA CBI.

List of Subjects

    Environmental protection, Confidential Business Information.

    Dated:July 28, 2008.
Brion Cook,
Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. E8-17933 Filed 8-5-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Notices]
[Page 60230]
[FR Doc No: 2021-23736]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4718-039]

Cocheco Falls Associates Notice of Intent To Prepare an
Environmental Assessment

    On December 29, 2020, Cocheco Falls Associates filed an application
for a subsequent license to continue operating the existing 714-
kilowatt Cocheco Falls Dam Project No. 4718 (project). The project is
located on the Cocheco River in the city of Dover, Strafford County,
New Hampshire. The project does not occupy federal land.
    In accordance with the Commission's regulations, on August 12,
2021, Commission staff issued a notice that the project was ready for
environmental analysis (REA notice). Based on the information in the
record, including comments filed on the REA notice, staff does not
anticipate that licensing the project would constitute a major federal
action significantly affecting the quality of the human environment.
Therefore, staff intends to prepare an Environmental Assessment (EA) on
the application to license the project.
    The EA will be issued and circulated for review by all interested
parties. All comments filed on the EA will be analyzed by staff and
considered in the Commission's final licensing decision.
    The application will be processed according to the following
schedule. Revisions to the schedule may be made as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Commission issues EA...................  April 2022. \1\
Comments on EA.........................  May 2022.
------------------------------------------------------------------------

    Any questions regarding this notice may be directed to Amy Chang at
(202) 502-8250 or [email protected].
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    \1\ The Council on Environmental Quality's (CEQ) regulations
under 40 CFR 1501.10(b)(1) require that EAs be completed within 1
year of the federal action agency's decision to prepare an EA. This
notice establishes the Commission's intent to prepare an EA for the
Cocheco Falls Dam Project. Therefore, in accordance with CEQ's
regulations, the EA must be issued within 1 year of the issuance
date of this notice.

    Dated: October 26, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-23736 Filed 10-29-21; 8:45 am]
BILLING CODE 6717-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on November 20, 2003

NOTICE OF ACTION TAKEN –

DOCKETS OST-2003-16272 and OST-2002-12683

________________________________________________________________________
____________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of  Arrow Air, Inc.  filed   10/3/2003  in  Docket
OST-2003-16272  for:

XX Exemption for two years under 49 U.S.C. §40109 to provide the
following service:

Scheduled foreign air transportation of property and mail between a
point or points in the United States and a point or points in Brazil,
nonstop or via intermediate points, to Manaus, Brasilia, Rio de Janeiro,
Sao Paulo, Recife, Porto Alegre, Belem, Belo Horizonte, Salvador de
Bahia, Curitiba and Fortaleza, Brazil, and beyond Brazil to Argentina,
Uruguay, Paraguay, and Chile.  Arrow also requests the authority to
integrate its exemption here with all of its existing certificate and
exemption authority, consistent with the applicable bilateral
agreements.

Applications of  Arrow Air, Inc.  filed   10/3/2003  in  Docket
OST-2003-12683  for:

XX Authorization to be designated as a U.S. scheduled all-cargo air
carrier in the U.S.-Brazil market;

XX Allocation of four U.S.-Brazil all-cargo frequencies to operate its
proposed services; and

XX Request for Clarification and Supplement to Order 2003-5-27:

By Order 2003-5-27, pursuant to the 2002 U.S.-Brazil All-Cargo Service
Proceeding (Docket OST-2002-12683), the Department made final its
decision to award Evergreen International Airlines primary authority and
an allocation of four U.S.-Brazil frequencies to inaugurate scheduled
all-cargo service in the U.S.-Brazil market, subject to a 90-day
start-up condition.  Order 2003-5-27 also awarded backup authority to
Gemini Air Cargo in the event that Evergreen failed to inaugurate its
proposed services.

On September 24, 2003, Evergreen filed a notice in Docket OST-2002-12683
that it did not intend to inaugurate its proposed services.
Evergreen’s U.S.-Brazil authority subsequently expired.  The
expiration of Evergreen’s authority automatically activated the backup
authority of Gemini Air Cargo under the terms of Order 2003-5-27.

In its Request for Clarification and Supplement, Arrow asks that the
Department take steps to determine whether Gemini intends to implement
its backup authority in a timely manner.  Furthermore, Arrow urges the
Department to grant Arrow’s exemption application in the event that
the Department determines that Gemini does not intend to start its
proposed services.  Finally, Arrow requests that its own U.S.-Brazil
proposal be awarded backup authority (i.e., an authorization to be
designated and an allocation of frequencies) in the event that Gemini
does intend to implement its proposed services.

Gemini Air Cargo and Amerijet International filed answers.  Arrow filed
a reply and Gemini filed a Surreply.

Arrow argues that Evergreen’s failure to implement its proposed
services fundamentally challenges the rationale on which Order 2003-5-27
was based.  Furthermore, Arrow contends that the rationale for
Gemini’s backup proposal has been similarly undermined as the entire
existence of a viable U.S.-Brazil market has been put at issue by
Evergreen’s surrender of authority.  According to Arrow, the
Department is not merely faced with a situation calling for the
substitution of the backup carrier in this case.  Rather, Arrow alleges
that Evergreen’s surrender of authority raises a question of whether
the proposals and forecasts on which the Department based its selection
decision can be relied upon, and if not, what alternatives are available
to the Department to ensure that the authority at issue is used in a
manner that best serves the public interest.

Gemini states that it takes no position with respect to Arrow’s
request for backup authority.  However, Gemini opposes Arrow’s
requests to the extent that Arrow seeks to replace Gemini as the carrier
selected to inaugurate U.S.-Brazil services now that Evergreen has
surrendered it award.  Gemini maintains that it is currently taking the
steps that are necessary, including obtaining authority from the
Government of Brazil, to meet the 90-day start-up deadline established
by Order 2003-5-27.  Gemini states that it will promptly notify the
Department in the event that Gemini determines that it will not exercise
its backup award.

Gemini argues that Arrow’s filings amount to a petition for
reconsideration.  In this connection, Gemini states that Order 2003-5-27
did not provide for petitions for reconsideration, which Gemini
maintains is a well-founded policy to ensure the finality of the
Department’s decisions.  According to Gemini, Arrow has provided no
justifiable reason for the Department to reconsider Order 2003-5-27 to
require Gemini to make the type of declaration that Arrow seeks.
Finally, Gemini points out that Order 2003-5-27 already requires the
selected carrier to start services within 90 days and file a written
notice 30 days prior to the actual start date.

Amerijet argues that it would be unfair, inappropriate, and in violation
of the spirit of the Ashbacker doctrine for the Department to do
anything other than dismiss Arrow’s application without prejudice to
refiling at the appropriate time.  Amerijet maintains that this is not
the place to engage in a comparative evaluation of competing service
proposals.  However, Amerijet states that it shares Arrow’s skepticism
about Gemini’s willingness and ability to use its Brazil service
award.  In this connection, Amerijet argues that if Gemini unreasonably
delays acting, one way or the other, the Department should intervene and
require a decision from Gemini.  Nonetheless, Amerijet states that it is
not convinced that such a decision should be required at this time.
According to Amerijet, Arrow has not introduced any evidence or argument
to show that such an action is necessary.  Amerijet notes that
Gemini’s backup authority has been activated, and that Gemini has
affirmed that it is taking the necessary steps to commence its services
in a timely manner.

Applicant rep: Lawrence D. Wasko<PHONE_NUMBER>  DOT Analyst:  Michael
D. Bodman<PHONE_NUMBER>

D I S P O S I T I O N

XX  Dismissed, without prejudice (see remarks below).

The above action was effective when taken:  November 20, 2003.

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

________________________________________________________________________
_____________

Remarks:  We have dismissed, without prejudice, Arrow’s request for
exemption authority, frequency allocation, and authorization to be
designated in the U.S.-Brazil all-cargo market.  We have also dismissed
the relief sought by Arrow in its Request for Clarification and
Supplement to Order 2003-5-27.  Specifically, we will not modify the
terms of Order 2003-5-27 to require Gemini to immediately declare its
intentions with respect to its U.S.-Brazil backup authority, and we will
not grant U.S.-Brazil backup authority to Arrow at this time.

By Order 2003-5-27, the Department made final its decision to award
Gemini Air Cargo backup authority in the event that the primary carrier
(Evergreen) defaults on its proposed U.S.-Brazil services.  Evergreen
failed to implement its proposed services, and Gemini’s backup
authority has been activated.

Final Order 2003-5-27 made clear that the selected backup carrier, if
and when its authority is activated, is required to start its proposed
services within 90 days.  The 90-day start-up condition is consistent
with our standard practice.  We find that Arrow has not presented any
persuasive reason to deviate from our standard practice here.  The 90th
day is December 24, 2003.  The 30th day before that latest possible
start-up date is November 24, 2003.  Thus, Gemini is already under an
obligation to advise us no later than November 24, 2003 regarding its
service plans.  Against this background, we have decided to dismiss
Arrow’s request for authority to serve Brazil, without prejudice to
refiling at a later date.

___________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; and (2) dismissal of the exemption authority was consistent with
the public interest.  To the extent not granted or dismissed, we denied
all requests in the referenced Docket.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

Arrow’s request for clarification was accompanied by a motion for
leave to file an otherwise unauthorized document.  We grant the motion.

Amerijet’s answer and Gemini’s Surreply were accompanied by motions
for leave to file otherwise unauthorized documents.  We grant the
motions.

Ashbacker Radio Corp. vs. FCC, U.S. 327 (1945).

Gemini’s backup authority was activated automatically under the terms
of Order 2003-5-27 when Evergreen allowed its certificate authority to
expire by not starting its proposed services.

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