[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Proposed Rules]
[Pages 28033-28035]
[FR Doc No: 2016-10633]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

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

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Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Proposed
Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6418; Directorate Identifier 2015-NM-158-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A330-200 Freighter, -200, and -300 series airplanes; and
Airbus Model A340-200, -300, -500, and -600 series airplanes. This
proposed AD was prompted by reports of fuel leaking through fuel pump
electrical connectors and fuel pump electrical connector damage caused
by the build-up of moisture behind the electrical connector. Electrical
connectors that become damaged by moisture can create an ignition
source and a fuel leak. This proposed AD would require an inspection of
the fuel pumps to identify their part numbers and replacement of
affected pumps. We are proposing this AD to prevent a potential
ignition source and a fuel leak due to damaged fuel pump electrical
connectors. This condition creates a flammability risk in an area
adjacent to the fuel tank.

DATES: We must receive comments on this proposed AD by June 23, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus
SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93
45 80; email<EMAIL_ADDRESS>Internet: http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6418; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-6418;
Directorate Identifier 2015-NM-158-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2015-0194, dated September 22, 2015, to correct an unsafe condition for
all Airbus Model A330-200 Freighter, -200, and -300 series airplanes;
and Airbus Model A340-200, -300, -500, and -600 series airplanes. The
MCAI states:

    Operators reported cases of fuel leak through fuel pump
electrical connectors. Subsequent investigation revealed fuel pump
electrical connector damage caused by moisture build up behind the
electrical connector.
    This condition, if not detected and corrected, could create
concurrently an ignition source and fuel leak as a result of a
single failure, resulting in exposure to a flammability risk in an
adjacent area to the fuel tank.
    To address this unsafe condition, Airbus published Service
Bulletins (SB) A330-28-3127, SB A340-28-4138 and SB A340-28-5060,
providing inspection/identification instructions, and instructions
for replacement of the fuel pumps.
    For the reasons described above, this [EASA] AD requires
identification and replacement of the affected fuel pumps.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6418.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information:
     Airbus Service Bulletin A330-28-3127, Revision 01, dated
September 24, 2015.
     Airbus Service Bulletin A340-28-4138, Revision 01, dated
September 24, 2015.
     Airbus Service Bulletin A340-28-5060, Revision 01, dated
September 24, 2015.
    The service information describes procedures to identify and
replace

affected fuel pumps with serviceable fuel pumps. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 99 airplanes of U.S.
registry.
    We also estimate that it will take about 4 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $33,660, or $340
per product.
    In addition, we estimate that any necessary follow-on actions would
take about 17 work-hours and require parts costing $10,400, for a cost
of $11,845 per product. We have no way of determining the number of
aircraft that might need these actions.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus: Docket No. FAA-2016-6418; Directorate Identifier 2015-NM-
158-AD.

(a) Comments Due Date

    We must receive comments by June 23, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A330-223F and -243F airplanes;
A330-201, -202, -203, -223, and -243 airplanes; A330-301, -302, -
303, -321, -322, -323, -341, -342, and -343 airplanes; and Airbus
Model A340-211, -212, and -213 airplanes; A340-311, -312, and -313
airplanes; A340-541 airplanes; and A340-642 airplanes, certificated
in any category, all manufacturer serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of fuel leaking through fuel
pump electrical connectors and fuel pump electrical connector damage
caused by the build-up of moisture behind the electrical connector.
Electrical connectors that become damaged by moisture can create an
ignition source and a fuel leak. We are issuing this AD to prevent a
potential ignition source and a fuel leak due to damaged fuel pump
electrical connectors. This condition creates a flammability risk in
an area adjacent to the fuel tank.

(f) Compliance

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

(g) Identify Part Numbers

    Within 48 months after the effective date of this AD, inspect
each fuel pump to identify the part number (P/N) in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A330-28-
3127, Revision 01, dated September 24, 2015; Airbus Service Bulletin
A340-28-4138, Revision 01, dated September 24, 2015; or Airbus
Service Bulletin A340-28-5060, Revision 01, dated September 24,
2015; as applicable to airplane type. A review of airplane delivery
or maintenance records is acceptable in lieu of this inspection if
the part number of the fuel pump can be conclusively determined from
that review.

(h) Modification

    If, during the inspection required by paragraph (g) of this AD,
it is determined that an affected fuel pump is installed: Within the
compliance time specified in paragraph (h)(1) or (h)(2) of this AD,
depending on the configuration of the affected fuel pumps installed,
replace each affected fuel pump with a serviceable fuel pump in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A330-28-3127, Revision 01, dated September 24, 2015; Airbus
Service Bulletin A340-28-4138, Revision 01, dated September 24,
2015; or Airbus Service Bulletin A340-28-5060, Revision 01, dated
September 24, 2015; as applicable to airplane type.
    (1) For affected fuel pumps that have a part number or
combination of part numbers that are specified in paragraphs
(h)(1)(i) through (h)(1)(vi) of this AD: Do the replacement within
72 months after the effective date of this AD.
    (i) All of the affected fuel pumps have P/N 568-1-28300-001.
    (ii) All of the affected fuel pumps have P/N 568-1-28300-002.
    (iii) The affected fuel pumps have a combination of P/Ns 568-1-
28300-001 and 568-1-28300-002.
    (iv) The affected fuel pumps have a combination of P/Ns 568-1-
28300-001 and 568-1-28300-101.
    (v) The affected fuel pumps have a combination of P/Ns 568-1-
28300-002 and 568-1-28300-101.

    (vi) The affected fuel pumps have a combination of P/Ns 568-1-
28300-001, 568-1-28300-002, and 568-1-28300-101.
    (2) For affected fuel pumps that have a part number or
combination of part numbers that are specified in paragraphs
(h)(2)(i) through (h)(2)(iii) of this AD: Do the replacement within
96 months after the effective date of this AD.
    (i) All of the affected fuel pumps have P/N 568-1-28300-100.
    (ii) All of the affected fuel pumps have P/N 568-1-28300-101.
    (iii) The affected fuel pumps have a combination of P/Ns 568-1-
28300-100 and 568-1-28300-101.

(i) Definitions

    (1) For the purpose of this AD, an ``affected fuel pump'' is
defined as any pump having P/N 568-1-28300-001, 568-1-28300-002,
568-1-28300-100, or 568-1-28300-101.
    (2) For the purpose of this AD, a ``serviceable fuel pump'' is a
pump having a part number not listed in paragraph (i)(1) of this AD.

(j) No Reporting Requirement

    Although Airbus Service Bulletin A330-28-3127, Revision 01,
dated September 24, 2015; Airbus Service Bulletin A340-28-4138,
Revision 01, dated September 24, 2015; or Airbus Service Bulletin
A340-28-5060, Revision 01, dated September 24, 2015, specifies to
submit certain information to the manufacturer, and specifies that
action as ``RC'' (Required for Compliance), this AD does not include
that requirement.

(k) Parts Installation Prohibition

    After the identification of the fuel pump part numbers as
required by paragraph (g) of this AD, comply with the prohibition
required by paragraph (k)(1) or (k)(2) of this AD, as applicable.
    (1) For an airplane that does not have an affected fuel pump
installed: After the identification of the fuel pump part numbers as
required by paragraph (g) of this AD, do not install an affected
fuel pump.
    (2) For an airplane that has an affected fuel pump installed:
After modification of an airplane as required by paragraph (h) of
this AD, no person may install an affected fuel pump on any
airplane.

(l) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using service information
included in paragraphs (l)(1), (l)(2), and (l)(3) of this AD, which
are not incorporated by reference in this AD.
    (1) Airbus Service Bulletin A330-28-3127 dated July 14, 2015.
    (2) Airbus Service Bulletin A340-28-4138 dated July 14, 2015.
    (3) Airbus Service Bulletin A340-28-5060 dated July 14, 2015.

(m) 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: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 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) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as provide by paragraph
(j) of this AD, if any service information contains procedures or
tests that are identified as RC, those procedures and tests must be
done to comply with this AD; any procedures or tests that are not
identified as RC are recommended. Those procedures and tests that
are not identified as RC may be deviated from using accepted methods
in accordance with the operator's maintenance or inspection program
without obtaining approval of an AMOC, provided the procedures and
tests identified as RC can be done and the airplane can be put back
in an airworthy condition. Any substitutions or changes to
procedures or tests identified as RC require approval of an AMOC.

(n) Related Information

    (1) Refer to Continuing Airworthiness Information (MCAI) EASA AD
2015-0194, dated September 22, 2015, for related information. You
may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2016-6418.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96;
fax: +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet: http://www.airbus.com. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on April 28, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-10633 Filed 5-6-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Notices]
[Page 37382]
[FR Doc No: 2011-16086]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold an Open Meeting on June 29, 2011 at
10 a.m., in the Auditorium, Room L-002.
    The subject matter of the Open Meeting will be:

    Note: The Commission will consider whether to propose rules
under Title VII of the Dodd-Frank Wall Street Reform and Consumer
Protection Act to establish business conduct standards for security-
based swap dealers and major security-based swap participants.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

     Dated: June 22, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-16086 Filed 6-23-11; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 242 (Tuesday, December 21, 2021)]
[Notices]
[Pages 72306-72307]
[FR Doc No: 2021-27504]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2021-0107]

Pipeline Safety: Random Drug Testing Rate; Management Information
System Reporting; and Obtaining Drug and Alcohol Management Information
System Sign-In Information

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

ACTION: Notice of calendar year 2022 minimum annual percentage rate for
random drug testing, reminder for operators to report contractor
Management Information System (MIS) data using PHMSA Supplemental
Instructions, and reminder of method for operators to obtain username
and password for electronic reporting.

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SUMMARY: PHMSA has determined that the minimum random drug testing rate
for covered employees will remain at 50 percent during calendar year
2022. Operators are reminded that drug and alcohol (D&A) testing
information must be submitted for contractors who are performing or are
ready to perform covered functions. For calendar year 2021 reporting,
the username and password for the Drug and Alcohol Management
Information System (DAMIS) will be available in the PHMSA Portal.

DATES: Effective January 1, 2022, through December 31, 2022.

FOR FURTHER INFORMATION CONTACT: Wayne Lemoi, Drug & Alcohol Program
Manager, Office of Pipeline Safety, by phone at<PHONE_NUMBER> or by
email at [email protected].

SUPPLEMENTARY INFORMATION:

Notice of Calendar Year 2022 Minimum Annual Percentage Rate for Random
Drug Testing

    Operators of gas, hazardous liquid, and carbon dioxide pipelines,
liquefied natural gas (LNG) plants, and underground natural gas storage
facilities must randomly select and test a percentage of all covered
employees for prohibited drug use in accordance with 49 Code of Federal
Regulations (CFR) part 199. Pursuant to Sec.  199.105(c)(1), the PHMSA
minimum annual random drug testing rate for all covered employees is 50
percent. The Administrator can adjust this random drug testing rate
based on the reported positive rate in the industry's random drug
tests, which is submitted in operators' annual MIS reports as required
by Sec.  199.119(a). In accordance with Sec.  199.105(c)(3), if the
reported positive drug test rate is below 1 percent for 2 consecutive
years, the Administrator can reduce the random drug testing rate to 25
percent of all covered employees. While the random drug test positive
rate for the pipeline industry was reported at less than 1 percent in
calendar year 2020, the positive rate for calendar year 2019 was
greater than 1 percent. Accordingly, the minimum annual random drug
testing rate for calendar year 2022 is maintained at 50 percent of all
covered employees.

Reminder for Operators To Report Contractor MIS Data

    In 2021, PHMSA released new PHMSA Supplemental Instructions for DOT
Drug & Alcohol Management Information System Reporting online. These
instructions provide operators with the appropriate process for
collecting and reporting annual D&A MIS testing data for contractors.
The Supplemental Instructions help ensure that PHMSA can identify all
the contractors who performed D&A covered functions for a specific
pipeline operator; identify all the pipeline operators for whom a
specific contractor performed D&A covered functions; and, has received
a complete and accurate D&A MIS report for each contractor who
performed D&A covered functions on any PHMSA-regulated pipeline or
facility in the applicable calendar year.
    Pursuant to Sec. Sec.  199.119(a) and 199.229(a), an operator
having more than 50 covered employees is a large operator and an
operator having 50 or fewer covered employees is a small operator.
While contractor employees are covered employees per the regulations in
Sec.  199.3 and must be treated as such with regards to part 199,
contractor employees are not included in the calculation to determine
if an operator is a large or small operator.
    Large operators are always required to submit annual MIS reports
whereas small operators are only required to submit MIS reports upon
written request from PHMSA. If a small operator has submitted a MIS
report for calendar year 2019 or 2020, the PHMSA Portal message may
state that no MIS report is required for calendar year 2021. If a small
operator has grown to more than 50 covered employees during calendar
year 2021, the PHMSA Portal message will include instructions for how
to obtain a DAMIS username and password for the 2021 calendar year
reporting period.
    If an operator is required to submit a MIS report in accordance
with part 199,

that report is not complete until PHMSA receives a MIS data report for
each contractor that performed covered functions as defined in Sec.
199.3. Operators must submit operator and contractor employee testing
data in separate MIS reports to avoid duplicative reporting and
inaccurate data that could affect the positive rate for the pipeline
industry.

Reminder of Method for Operators To Obtain Username and Password for
Electronic Reporting

    By early January 2022, the username and password required for an
operator to access DAMIS and enter calendar year 2021 data will be
available to all operator staff with access to the PHMSA Portal.
Pipeline operators have been submitting reports required by 49 CFR
parts 191 and 195 through the PHMSA Portal (https://portal.phmsa.dot.gov/pipeline) since 2011. PHMSA determined that
distributing information via the Portal would be more effective than
the previous mailing process.
    When the DAMIS username and password are available in the PHMSA
Portal, all registered users will receive an email to that effect. If
operator staff responsible for submitting MIS reports do not receive
the DAMIS information, they should coordinate with other registered
PHMSA Portal users within their company to obtain the DAMIS username
and password. Registered PHMSA Portal users for an operator typically
include operator staff or consultants who submit annual and incident
reports through PHMSA F 7000- and 7100-series forms. Operators that
have not previously registered staff in the PHMSA Portal for the
reporting purposes of parts 191 and 195 can register users by following
the instructions at: https://portal.phmsa.dot.gov/PHMSAPortal2/staticContentRedesign/howto/PortalAccountCreation.pdf.

    Issued in Washington, DC, on December 15, 2021, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2021-27504 Filed 12-20-21; 8:45 am]
BILLING CODE 4910-60-P


Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; California; South Coast Moderate Area Plan and Reclassification as Serious Nonattainment for the 2006 PM2.5 NAAQS
                      (Docket No. EPA-R09-OAR-2015-0204)

A.  Rulemaking Documents
    Approval and Promulgation of Implementation Plans; California; South Coast Moderate Area Plan for the 2006 PM2.5 NAAQS ; Proposed rule. Pre-publication version (September 30, 2015).
    Air Division, EPA-Region 9, Technical Support Document for the Proposed Action on the South Coast 2012 PM2.5 Plan and 2015 Supplement, September 2015.
    80 FR 63640, Approval and Promulgation of Implementation Plans; California; South Coast Moderate Area Plan for the 2006 PM2.5 NAAQS ; Proposed rule, (October 20, 2015).
    Designation of Areas for Air Quality Planning Purposes; California; South Coast; Reclassification as Serious Nonattainment for the 2006 PM2.5 NAAQS; final rule. Pre-publication version (December 22, 2015).
    Designation of Areas for Air Quality Planning Purposes; California; South Coast; Reclassification as Serious Nonattainment for the 2006 PM2.5 NAAQS; final rule. 81 FR 1514 (January 13, 2016).
B.  State Implementation Submittals and Supporting Documents
    Letter, dated February 13, 2013, James N. Goldstene, Executive Officer, California Air Resources Board, to Jared Blumenfeld, Regional Administrator, EPA Region 9, with enclosures.
 Letter, December 20, 2012, Barry Wallerstein, Executive Officer, South Coast Air Quality Management District, to James Goldstene, Executive Officer, CARB and Deborah Jordan, Director, Air Division, EPA Region IX.
              2012 PM2.5 Plan (December 19, 2012) plus Appendices.
              Proof of Publication from various Los Angeles area newspapers.
              SCAQMD Governing Board Resolution 12-19 "A Resolution of the South Coast Air Quality Management District (AQMD or District) Governing Board Certifying the Final Program Environmental Impact Report for the 2012 Air Quality Management Plan (AQMP), Adopting the Draft Final 2012 AQMP, to be referred to after adoption as the Final 2012 AQMP, and to be submitted into the California State Implementation Plan," December 7, 2012.
             South Coast response to comments on 2012 AQMP
             SCAQMD Board minutes, December 7, 2012.
 ARB Notice of Public Meeting to Consider Approval of the South Coast Air Basin 2012 PM2.5 and Ozone State Implementation Plans, December 21, 2012.
 Board Meeting, State of California, Air Resources Board, Transcript of hearing, January 25, 2013.
 CARB Resolution 13-3, South Coast PM2.5 State Implementation Plan, January 25, 2013.
 CARB "Staff Report on Proposed Revisions to the PM2.5 and Ozone State Implementation Plans for the South Coast Air Basin," Release Date:  January 11, 2013.
 Public comments received during CARB hearing on South Coast 2012 PM2.5 Plan, January 25, 2013.
    Letter, dated March 4, 2015, Richard W. Corey, Executive Officer, California Air Resources Board, to Jared Blumenfeld, Regional Administrator, EPA Region 9, with enclosures.
 Letter, dated February 11, 2015, Barry Wallerstein, D. Env., Executive Officer, SCAQMD, to Richard Corey, Executive Officer, CARB.
             Final Supplement to the 24-Hour PM2.5 State Implementation Plan for the South Coast Air Basin (February 2015).
             Notice of Public Hearings, Proposed Supplement to The 24-Hour PM2.5 State Implementation Plan (SIP) for the South Coast Air Basin and Submission into the SIP, dated December 17, 2014.
             Proof of publication from various Los Angeles area newspapers
             SCAQMD Governing Board Resolution 15-03 "A Resolution of the South Coast Air Quality Management District (SCAQMD) Governing Board approving the Supplement to the 24-Hour PM2.5 State Implementation Plan (SIP) for the South Coast Air Basin and Submittal into the SIP," February 6, 2015.
             Comments from SCAQMD Board  Hearing on 2015 Supplement
             SCAQMD Board minutes, February 6, 2015.
 Notice of Public Meeting to Consider a Minor Revision to the South Coast 2012 PM2.5 State Implementation Plan, February 9, 2015.
 CARB "Staff Report, 2015 Update to the South Coast Air Basin 24-Hour PM2.5 Plan," Release Date: February 9, 2015.
 CARB Board Resolution 15-2, "Minor Revision to the South Coast Air Basin 2012 PM2.5  State Implementation Plan," February 19, 2015.
 CARB meeting transcript, February 19, 2015 Governing Board meeting.
C.  EPA Policy, Guidance, Rulemaking Documents, and Correspondence
    52 FR 24663, Revisions to National Ambient Air Quality Standards for Particulate Matter, final rule (July 1, 1987).
    56 FR 58656, Reclassification of Moderate PM-10 Nonattainment Areas to Serious Areas, proposed rule (November 21, 1991).
    57 FR 13498,  State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990; General preamble for future proposed rulemakings. (April 16, 1992).
    57 FR 18070, State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990; Supplemental; General preamble for future proposed rulemakings. (April 28, 1992).
    Memorandum dated September 29, 1992, John Calcagni, Director, Air Quality Management Division, Office of Air Quality Planning and Standards, EPA and William Laxton, Director, Technical Support Division, Office of Air Quality Planning and Standards, EPA, to Air Division Directors, Region I-X, "Public Hearing Requirements for 1990 Base-Year Emissions Inventories for Ozone and Carbon Monoxide Nonattainment Areas."
    58 FR 3334, Reclassification of Moderate PM-10 Nonattainment Areas to Serious Areas, final rule (Jan. 8, 1993).
    59 FR 41998, State Implementation Plans for Serious PM - 10 Nonattainment Areas, and Attainment Date Waivers for PM - 10 Nonattainment Areas Generally; Addendum to the General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990. (August 16, 1994).
    62 FR 15844, Approval and Promulgation of State Implementation Plan; Indiana; Direct final rule.  (April 3, 1997).
    62 FR 38856, National Ambient Air Quality Standards for Particulate Matter; Final Rule. (July 18, 1997).
    62 FR 66279,  Approval and Promulgation of State Implementation Plan; Illinois; Final rule. (December 18, 1997).
    63 FR 15920, Promulgation of Federal Implementation Plan for Arizona -- Phoenix Moderate Area PM - 10; Disapproval of State Implementation Plan for Arizona -- Phoenix Moderate Area PM - 10; Proposed rule and withdrawal of 1996 proposed rule. (April 1, 1998).
    63 FR 18978, Emission Standards for Locomotives and Locomotive Engines, final rule (April 16, 1998).
    63 FR 56968, Control of Emissions of Air Pollution From Nonroad Diesel Engines, final rule (October 23, 1998).
    65 FR 19964, Approval and Promulgation of Implementation Plans; Arizona-Maricopa County PM-10 Nonattainment Area; Serious Area Plan for Attainment of the Annual PM-10 Standard, proposed rule (April 13, 2000).
    66 FR 586, Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland, Virginia; Post 1996 Rate-of-Progress Plans, One-Hour Ozone Attainment Demonstrations and Attainment Date Extension for the Metropolitan Washington D.C. Ozone Nonattainment Area; Final rule.  (January 3, 2001).
    66 FR 634, Approval and Promulgation of Air Quality Implementation Plans; Connecticut; One-Hour Ozone Attainment Demonstration and Attainment Date Extension for the Greater Connecticut Ozone Nonattainment Area; Final rule. (January 3, 2001).
    66 FR 5002, Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control Requirements, final rule (January 18, 2001).
    66 FR 30811, Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Post-1996 Rate of Progress; Direct final rule. (June 8, 2001).
    66 FR 50252 Approval and Promulgation of Implementation Plans; Arizona-Maricopa County PM-10 Nonattainment Area; Serious Area Plan for Attainment of the 24-Hour PM-10 Standard and Contingency Measures, Proposed Rule (October 2, 2001).
    67 FR 48718, Approval and Promulgation of Implementation Plans; Arizona-Maricopa County PM-10 Nonattainment Area; Serious Area Plan for Attainment of the PM-10 Standards, final rule (July 25, 2002).
    69 FR 5412, Approval and Promulgation of Implementation Plans for California -- San Joaquin Valley PM-10 Nonattainment Area; Serious Area Plan for Attainment of the 24-Hour and Annual PM-10 Standards; Proposed rule. (February 4, 2004).
    69 FR 38958, Control of  Emissions of Air Pollution from Nonroad Diesel Engiens and Fuel, final rule  (June 29, 2004).
    69 FR 40004, Transportation Conformity Rule Amendments for the New 8-hour Ozone and PM2.5 National Ambient Air Quality Standards and Miscellaneous Revisions for Existing Areas; Transportation Conformity Rule Amendments:  Response to Court Decision and Additional Rule Changes; Final rule. (July 1, 2004).
    69 FR 43518, Revisions to the California State Implementation Plan, South Coast Air Quality Management District, final rule (July 21, 2004).
    EPA, Air Quality Criteria for Particulate Matter, No. EPA/600/P - 99/002aF and EPA/600/P - 99/002bF, October 2004, Chapter 3.
    70 FR 944, Air Quality Designations and Classifications for the Fine Particles (PM2.5) National Ambient Air Quality Standards; Final rule. (January 5, 2005).
    70 FR 24280, Transportation Conformity Rule Amendments for the New PM2.5 National Ambient Air Quality Standard: PM2.5 Precursors, Final rule (May 6, 2005).
    EPA, Emissions Inventory Guidance for Implementation of Ozone and Particulate Matter National Ambient Air Quality Standards (NAAQS) and Regional Haze Regulations, EPA - 454/R - 05 - 001, November 2005.
    70 FR 69081, Approval and Promulgation of State Implementation Plans for Air Quality Planning Purposes; California -- South Coast and Coachella, final rule (November 14, 2005)
    71 FR 241, Revisions to the California State Implementation Plan, South Coast Air Quality Management District, final rule (January 4, 2006).
    71 FR 61144, National Ambient Air Quality Standards for Particulate Matter, Final rule. (October 17, 2006).
    EPA, Guidance on the Use of Models and Other Analyses for Demonstrating Attainment of Air Quality Goals for Ozone, PM2.5, and Regional Haze, EPA-454/B-07-002, April 2007.
    72 FR 29586, Clean Air Fine Particulate Implementation Rule; Final rule. (April 25, 2007).
    73 FR 28231, Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5) (May 16, 2008).
    73 FR 37096, Control of Emissions of Air Pollution From Locomotive Engines and Marine Compression-Ignition Engines Less Than 30 Liters per Cylinder; Republication (June 30, 2008).
    73 FR 76947, Revisions to the California State Implementation Plan, South Coast Air Quality Management District, final rule (December 18, 2008).
    74 FR 10176, Approval and Promulgation of Implementation Plans; State of California; 2003 State Strategy and 2003 South Coast Plan for One-Hour Ozone and Nitrogen Dioxide, final rule  (March 10, 2009).
    74 FR 58688, Air Quality Designations for the 2006 24-Hour Fine Particle (PM2.5) National Ambient Air Quality Standards; Final Rule. (November 13, 2009).
    74 FR 67821, Revisions to the California State Implementation Plan, South Coast Air Quality Management District , final rule (December 21, 2009).
    75 FR 17254, Revisions to the General Conformity Regulations, final rule, (April 5, 2010).
    76 FR 6328, Official Release of the January 2011 AP - 42 Method for Estimating Re-Entrained Road Dust From Paved Roads; Announcement of Availability. (February 4, 2011).
    Memorandum from Tyler Fox, Air Quality Modeling Group, OAQPS, EPA to Regional Air Program Managers, EPA, Subject: Update to the 24 Hour PM2.5 NAAQS Modeled Attainment Test (June 28, 2011).
    76 FR 41562, Approval and Promulgation of Implementation Plans; California; 2007 South Coast PM2.5 Plan and 2007 State Strategy; Proposed rule. (July 14, 2011).
    Memorandum, dated July 21, 2011, from Gina McCarthy, Assistant Administrator, to Regional Air Division Directors, Regions 1-10, Subject: Revised Policy to Address Reconsideration of Interpollutant Trading Provisions for Fine Particles (PM2.5).
    76 FR 57872, Approval of Air Quality Implementation Plans; California; South Coast; Attainment Plan for the 1997 8-Hour Ozone Standard; Proposed rule. (September 16, 2011).
    76 FR 69928, Approval of Air Quality Implementation Plans; California; South Coast; Attainment Plan for 1997 PM2.5, (November 9, 2011).
    77 FR 2228, Revisions to the California State Implementation Plan, San Joaquin Valley United Air Pollution Control District (SJVUAPCD); Final rule. (January 17, 2012).
    77 FR 12674, Approval of Air Quality Implementation Plans; California; South Coast; Attainment Plan for 1997 8-Hour Ozone Standard, (March 1, 2012).
    Memorandum from Stephen D. Page, Director, Office of Air Quality Planning and Standards, to EPA Regional Air Directors, Regions I-X re: "Implementation Guidance for the 2006 24-Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS)" ( March 2, 2012) (withdrawn June 6, 2013).
    77 FR 71129, Revisions to the California State Implementation Plan, San Joaquin Valley United Air Pollution Control District (SJVUAPCD) and South Coast Air Quality Management District (SCAQMD). (November 29, 2012).
    EPA, Regulatory Impact Analysis for the Final Revisions to the National Ambient Air Quality Standards for Particulate Matter (EPA-452/R-12-005, December 2012).
    78 FR 3086, National Ambient Air Quality Standards for Particulate Matter; Final rule. (January 15, 2013).
    78 FR 14533, Official Release of EMFAC2011 Motor Vehicle Emission Factor Model for Use in the State of California; Announcement of Availability. (March 6, 2013).
    78 FR 30768, Revisions to the California State Implementation Plan, South Coast Air Quality Management District; Final rule. (May 23, 2013).
    Memorandum, Stephen D. Page, Director, Office of Air Quality Planning and Standards, to EPA Regional Air Directors, Regions I-X, Withdrawal of Implementation Guidance for the 2006 24-Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS)(June 6, 2013).
    78 FR 64402, Approval and Promulgation of Implementation Plans; California; South Coast; Contingency Measures for 1997 PM2.5 Standards, final rule (October 29, 2013).
    78 FR 69806, Identification of Nonattainment Classification and Deadlines for Submission of State Implementation Plan (SIP) Provisions for the 1997 Fine Particle (PM2.5) National Ambient Air Quality Standard (NAAQS) and 2006 PM2.5 NAAQS; Proposed rule. (November 21, 2013).
    79 FR 31566, Identification of Nonattainment Classification and Deadlines for Submission of State Implementation Plan (SIP) Provisions for the 1997 Fine Particle (PM2.5) National Ambient Air Quality Standard (NAAQS) and 2006 PM2.5 NAAQS; Final rule. (June 2, 2014).
    80 FR 2206, Air Quality Designations for the 2012 Primary Annual Fine Particle (PM2.5 ) National Ambient Air Quality Standards, final rule (January 15, 2015).
    80 FR 18528, Designation of Areas for Air Quality Planning Purposes; California; San Joaquin Valley; Reclassification as Serious Nonattainment for the 1997 PM2.5 Standards, final rule. (April 7, 2015).
    80 FR 13495, Revisions to the California State Implementation Plan, South Coast Air Quality Management District; Final rule (March 16, 2015).
    80 FR 15339, Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan Requirements; Proposed Rule (March 23, 2015).
    80 FR 24821, Approval of Air Quality Implementation Plans; California; South Coast Air Quality Management District; Stationary Source Permits, Final rule (May 1, 2015).
    80 FR 39966, Revisions to the California State Implementation Plan, South Coast Air Quality Management District; Final rule (July 13, 2015).
    80 FR 40195, Revisions to the California State Implementation Plan, South Coast Air Quality Management District; Final rule (July 14, 2015).

C. Additional EPA Policy, Guidance, Rulemaking Documents, and Correspondence Used for Final Reclassification
C-66. 56 FR 58651, Reclassification of Moderate PM-10 Nonattainment Areas to Serious Areas, notice of proposed rulemaking (November 21, 1991).

C-67. 	58 FR 3334, Reclassification of Moderate PM-10 Nonattainment Areas to Serious Areas, final rule (January 8, 1993).

C-68. 	78 FR 41698, Approval and Promulgation of Air Quality Implementation Plans; Indiana; Redesignation of the Indianapolis Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter (July 11, 2013).

C-69. 	80 FR 2206, Air Quality Designations for the 2012 Primary Annual Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS); Final Rule (January 15, 2015).

C-70. 	80 FR 18528 Designation of Areas for Air Quality Planning Purposes; California; San
      Joaquin Valley; Reclassification as Serious Nonattainment for the 1997 PM2.5 Standards, final rule (April 7, 2015).
D.  State Rules, Support Documents, Reports and Correspondence
 SCAQMD Test Method 5.1, Determination of Particulate Matter Emissions from Stationary Sources Using a Wet Impingement Train, March 1989.

 SCAQMD Test Method 5.2, Determination of Particulate Matter Emissions from Stationary Sources Using Heated Probe and Filter, March 1989.
 SCAQMD Test Method 5.3, Determination of Particulate Matter Emissions from Stationary Sources Using an in-Stack Filter, October 2005.SCAQMD Protocol, Determination of Particulate and Volatile Organic Compound Emissions from Restaurant Operations, November 14, 1997 (available at http://yosemite.epa.gov/R9/R9Testmethod.nsf/0/3D4DEB4D21AB4AAF882570AD005DFF69/$file/SC%20Rest%20emiss.pdf).
 South Coast Rule 223, Emission Reduction Permits for Large Confined Animal Facilities, (adopted June 2, 2006).
 South Coast Rule 1133.2, Emission Reductions From Co-composting Operations (adopted January 10, 2003).
 South Coast Rule 1133.3, Emission Reductions From Greenwaste Composting Operations (adopted July 8, 2011).
 South Coast Rules 444, Open Burning and 445, Wood-Burning Devices rule evaluation form.
 South Coast Rules 444/445 staff report, SCAQMD, May 2013.
 Letter dated June 11, 2013, from Edie Chang, Deputy Executive Officer, California Air Resources Board, to Jared Blumenfeld, Regional Administrator, EPA Region 9, transmitting South Coast Rules 444 and 445.
 South Coast Rule 1130, Graphic Arts (adopted May 2, 2014).
 South Coast Rule 1168, Adhesive and Sealant Applications (adopted January 7, 2005).
 South Coast Rule 1114, Petroleum Refinery Coking Operations (adopted May 3, 2013).
 South Coast Rule 1105.1, Reduction of PM10 and Ammonia Emissions from Fluid Catalytic Cracking Units (adopted November 7, 2003).
 South Coast Rule 1127, Emission Reductions from Livestock Waste (adopted August 6, 2004).
 South Coast Rule 1140, Abrasive Blasting (adopted August 2, 1985).
 South Coast Rule 1112.1, Emissions of Particulate Matter and Carbon Monoxide from Cement Kilns (Amended December 4, 2009).
 US EPA Region IX Air Division, Technical Support Document for EPA's Proposed Rulemaking for the California State Implementation Plan South Coast Air Quality Management District Rule 1130, Graphic Arts, June 1, 2015.
 US EPA Region IX Air Division, Technical Support Document for EPA's Direct Final Rulemaking for the California State Implementation Plan South Coast Air Quality Management District Rule 1146 and 1146.1, Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters and Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters, July 2014.
 US EPA Region IX Air Division, Technical Support Document for EPA's Direct Final Rulemaking for the California State Implementation Plan South Coast Air Quality Management District Rule 1171, Solvent Cleaning Operations, June 2011.
 US EPA Region IX Air Division, Technical Support Document for EPA's Proposed Rulemaking for the California State Implementation Plan, South Coast Air Quality Management District Amended Rule 1133.1 (Chipping and Grinding Activities) and Rule 1133.3 (Emission Reductions from Greenwaste Composting Operations), April 26, 2012.
 Letter dated July 28, 2015 from Barry Wallerstein, Executive Officer, South Coast Air Quality Management District, to Elizabeth Adams, Acting Director, US EPA Region 9 Air Division.
 Email dated July 23, 2015, from Stanley Tong to Wienke Tax, 7 transmitting email from Joseph Cassmassi, SCAQMD Planning and Rules Manager, to Stanley Tong, USEPA Region 9, regarding SCAQMD RACT analysis.
         Email dated November 25, 2014 from Joseph Cassmassi, SCAQMD, to Stanley Tong, USEPA Region 9, regarding SCAQMD RACT analysis.
 Memorandum dated August 21, 2015, from Michael Flagg, Air Quality Analysis Office, EPA Region 9, to Docket EPA-R09-OAR-2015-0204 re: Practicability of the Los Angeles  -  South Coast 2015 attainment of the 2006 24-hour PM2.5 NAAQS.
         Attachment, excel spreadsheet "South Coast and Practicability of Attaining the 2006 24-hour PM2.5 NAAQS by the End of 2015."

E.  Other Documents

 Letter dated September 4, 2015, from Elizabeth Adams, Acting Director, Air Division, EPA Region 9, to Luther Salgado, Sr., Tribal Chairman, Cahuilla Band of Indians.
 Letter dated September 4, 2015, from Elizabeth Adams, Acting Director, Air Division, EPA Region 9, to Robert Martin, Tribal Chairperson, Morongo Band of Cahuilla Mission Indians.
 Letter dated September 4, 2015, from Elizabeth Adams, Acting Director, Air Division, EPA Region 9, to Mark Macarro, Tribal Chairman, Pechanga Band of Luiseno Mission Indians.
 Letter dated September 4, 2015, from Elizabeth Adams, Acting Director, Air Division, EPA Region 9, to Joseph Hamilton, Tribal Chairman, Ramona Band of Cahuilla Indians.
 Letter dated September 4, 2015, from Elizabeth Adams, Acting Director, Air Division, EPA Region 9, to Lynn Valbuena, Tribal Chairperson, San Manuel Band of Serrano Mission Indians.
 Letter dated September 4, 2015, from Elizabeth Adams, Acting Director, Air Division, EPA Region 9, to John Marcus, Tribal Chairman, Santa Rosa Band of Cahuilla Indians.
 Letter dated September 4, 2015, from Elizabeth Adams, Acting Director, Air Division, EPA Region 9, to Rosemary Morillo, Tribal Chairperson, Soboba Band of Luiseno Indians.

F. Public Comments on the NPRM

F-1.  	Letter dated November 19, 2015 to Ms. Wienke Tax, US Environmental Protection Agency Region 9, from Adriano L. Martinez, Earthjustice, Los Angeles Office, with attachments.


[Federal Register: July 20, 2009 (Volume 74, Number 137)]
[Notices]
[Page 35221-35223]
[DOCID:fr20jy09-89]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60304; File No. SR-DTC-2009-11]

Self-Regulatory Organizations; the Depository Trust Company;
Notice of Filing of Proposed Rule Change To Eliminate One of the
Indemnity Surety Programs in the Profile Modification System

July 14, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder \2\ notice is hereby given that
on June 11, 2009, The Depository Trust Company (``DTC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change described in Items I, II, and III below, which items have been
prepared primarily by DTC. The Commission is publishing this notice to
solicit comments on the

proposed rule change from interested parties.
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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 proposed rule change seeks to eliminate one of the Indemnity
Surety Programs (``PSP II'') of DTC's Profile Modification System
(``Profile'').\3\
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    \3\ DTC has created a Profile Indemnity Insurance Program (``PIP
II'') to replace the PSP II. Securities Exchange Act Release No.
60036 (Jun. 3, 2009), 74 FR 28085 (Jun. 12, 2009) [File No. SR-DTC-
2009-09].
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, DTC 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. DTC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\4\
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    \4\ The Commission has modified the text of the summaries
prepared by DTC.
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A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

Current MMI Maturity Payment Procedure
    On April 19, 2000, the Commission approved a DTC rule filing to
establish Profile,\5\ an electronic communication medium between
transfer agents that are DRS Limited Participants (``Limited
Participants'') and brokers that are DRS Participants
(``Participants''). In May 2000, DTC implemented Profile. Profile
allows Participants to submit electronically an investor's instruction
to move a share position from the investor's Limited Participant
account to the investor's Participant account at DTC (``Electronic
Participant Instruction''). Profile also allows Limited Participants to
submit an investor's instruction for the movement of its share
positions from the investor's Participant account at DTC to an account
maintained by the Limited Participant (``Electronic Limited Participant
Instruction'' and, together with Electronic Participant Instruction,
``Electronic Instruction''). A user submitting an Electronic
Instruction through Profile is required to agree to a Participant
Terminal System (``PTS'') screen indemnity (``Screen Indemnity'').
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    \5\ Securities Exchange Act Release No. 42704 (Apr. 19, 2000),
65 FR 24242 (Apr. 25, 2000) [File No. SR-DTC-2000-04].
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    On November 17, 2000, the Commission approved a DTC rule filing to
establish the Profile Indemnity Surety Program (``PSP'').\6\ Under PSP,
all users of Profile who agree to the Screen Indemnity as part of their
use of Profile must procure a surety bond (``Surety Bond'') to back the
representations under the Screen Indemnity. Participation in PSP
requires the payment of an annual premium of $3,150 to a surety
provider and an administration fee of $250 to DTC. The PSP surety
provider provides for a coverage limit of $3 million per transaction
with an annual aggregate limit of $6 million.
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    \6\ Securities Exchange Act Release No. 43586 (Nov. 17, 2000),
65 FR 70745 (Nov. 27, 2000) [File No. SR-DTC-2000-09].
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    On September 14, 2005, the Commission approved a DTC rule filing to
establish the Profile Indemnity Insurance Program (``PIP''),\7\ which
serves as an alternative to PSP. PIP allows users of Profile who agree
to the Screen Indemnity to have the option to procure insurance
relating to a particular securities transaction according to the value
of the securities transaction. PIP provides a coverage limit of $25
million per transaction with an annual aggregate limit of $100 million.
In addition to any pass-through fee from the insurer, DTC charges users
participating in PIP an annual administration fee of $250 and a per
transaction fee of $27.50.
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    \7\ Securities Exchange Act Release No. 52422 (Sep. 14, 2005),
70 FR 55196 (Sep. 20, 2005) [File No. SR-DTC-2005-11].
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    On June 26, 2008, the Commission approved a DTC rule filing to
establish PSP II,\8\ which provides for a coverage limit of $7.5
million per transaction with an annual aggregate limit of $15 million.
Users of PSP II are required to pay an annual premium of $6,000 to a
surety provider and a DTC administration fee of $250.
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    \8\ Securities Exchange Act Release No. 58042 (Jun. 26, 2008),
73 FR 39067 (July 8, 2008) [File No. SR-DTC-2008-04].
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    On June 3, 2009, the Commission approved a DTC rule filing to
establish a new Profile Indemnity Insurance Program (``PIP II'').\9\
The intent of PIP II is to account for the additional, larger value
Profile transactions that DRS currently handles and to serve as a
replacement for PSP II. PIP II provides the same coverage limits as PSP
II, a coverage limit of $7.5 million per transaction with an annual
aggregate limit of $15 million, and requires payment of the same fees,
an annual premium of $6,000 to an insurance provider and a DTC
administration fee of $250. PIP II does not require users of Profile to
procure a surety bond.
---------------------------------------------------------------------------

    \9\ Securities Exchange Act Release No. 60036 (Jun. 3, 2009) 74
FR 28085 (Jun. 12, 2009) [File No. DTC-2009-09.
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    DTC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act \10\ and the rules and
regulations thereunder because the proposed change will modify an
existing DTC service in order to provide a more suitable choice of
insurance and surety policies. As such, it is a change to an existing
service that does not adversely affect the safeguarding of securities
and funds in DTC's custody or control.
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    \10\ 15 U.S.C. 78q-1.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    DTC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    Written comments relating to the proposed rule change have not yet
been solicited or received. DTC will notify the Commission of any
written comments received by DTC.

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

    Within thirty-five days of the date of publication of this notice
in the Federal Register or within such longer period: (i) As the
Commission may designate up to ninety days of such date if it finds
such longer period to be appropriate and publishes its reasons for so
finding or (ii) as to which the self-regulatory organization consents,
the Commission will:
    (A) By order approve such proposed rule change or
    (B) Institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-DTC-2009-11 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-DTC-2009-11. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filings also will be available for
inspection and copying at the principal office of DTC and on DTC's Web
site at http://dtcc.com/downloads/legal/rule_filings/2009/dtc/2009-
11.pdf. 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-DTC-
2009-11 and should be submitted on or before August 10, 2009.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Florence E. Harmon,
Deputy Secretary.
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    \11\ 17 CFR 200.30-3(a)(12).
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[FR Doc. E9-17138 Filed 7-17-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Notices]
[Pages 14885-14887]
[FR Doc No: 2017-05780]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2337-077]

PacifiCorp; Notice of Application Accepted for Filing, Soliciting
Motions To Intervene and Protests, Ready for Environmental Analysis,
and Soliciting Comments, Recommendations, Preliminary Terms and
Conditions, and Preliminary Fishway Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2337-077.
    c. Date filed: December 30, 2016.
    d. Applicant: PacifiCorp.
    e. Name of Project: Prospect No. 3 Hydroelectric Project.
    f. Location: On the South Fork Rogue River, in Jackson County,
Oregon. The project occupies 38.1 acres of United States lands within
the Rogue River-Siskiyou National Forest under the jurisdiction of the
U.S. Forest Service (Forest Service).
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Steve Albertelli, Relicensing Project
Manager, PacifiCorp, 925 South Grape Street, Building 5, Medford, OR
97501;<PHONE_NUMBER> or email at<EMAIL_ADDRESS>    i. FERC Contact: Dianne Rodman at<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
recommendations, preliminary terms and conditions, and preliminary
prescriptions: 60 days from the issuance date of this notice; reply
comments are due 105 days from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, recommendations, preliminary
terms

and conditions, and preliminary fishway prescriptions using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-2337-077.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. The existing project consists of: (1) A 24-foot-high, 172-foot-
long concrete diversion dam with an integrated 98-foot-long ungated,
uncontrolled ogee spillway section; (2) a 1-acre reservoir that extends
550 feet upstream from the dam with a gross storage capacity of 19
acre-feet at normal full pool elevation of 3,375 feet above sea level;
(3) an 18-foot-wide intake structure at the north end of the dam on the
right bank with trash rack; (4) a 15,894-foot-long flow conveyance
system (project waterway) consisting of: A 273-foot-long concrete-lined
canal fitted with a 25-foot-long, 9.75-foot-wide fish screen; a 66-
inch-diameter, 5,448-foot-long woodstave pipe; a 5,805-foot-long
concrete-lined canal; a 5-foot-wide, 6.5-foot-high, 698-foot-long
concrete-lined horseshoe-shaped tunnel; a 416-foot-long canal to the
forebay with a 2,486-foot-long side channel spillway discharging to
Daniel Creek; and a 66-inch- to 48-inch-diameter, 3,254-foot-long
riveted steel penstock; (5) a powerhouse containing one vertical-shaft
Francis-type turbine with an installed capacity of 7.2 megawatts; (6) a
20-foot-long, 20-foot-wide, 5-foot-deep concrete tailrace; (7) a 66-
inch-diameter, 887-foot-long wood-stave inverted siphon that routes
flow from the tailrace to the non-project Middle Fork Canal; (8) a
6.97-mile-long, 69-kilovolt transmission line interconnecting at the
Prospect Central substation; (9) an 86-foot-long, 15-pool concrete
pool-and-weir ladder to provide upstream fish passage past the dam; and
(10) appurtenant facilities. The project produces an average of 35.05
gigawatt-hours annually.
    PacifiCorp proposes to: Improve fish ladder function by
constructing an auxiliary bypass flow system, realigning and extending
the existing fish bypass return pipe, and narrowing the weir notches;
replace the existing woodstave pipe and inverted wooden siphon with
steel structures to eliminate leakage; rehabilitate the temporary
vehicle-access bridge over the new steel pipe to meet current Forest
Service standards; construct a road spur to facilitate pass-through of
materials dredged from the reservoir to the bypassed reach; upgrade the
six existing wildlife crossings of the project waterway's canal by
widening the crossings and constructing five new wildlife crossings;
and install a communications link on the U.S. Geological Survey's South
Fork Rogue gage.
    PacifiCorp also proposes to increase the project's minimum flow
releases and ramping rates limits, as well as extending the project
boundary to include the inverted siphon and access roads.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of Rules of Practice and Procedure,
18 CFR 385.210, .211, and .214. In determining the appropriate action
to take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the particular application.
    All filings must (1) bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or
``PRELIMINARY FISHWAY PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.
    o. Procedural Schedule:
    The application will be processed according to the following
revised Hydro Licensing Schedule. Revisions to the schedule may be made
as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Filing of recommendations, terms and     May 2017
 conditions, and fishway prescriptions.
Commission issues EA...................  October 2017
Comments on EA.........................  November 2017
Modified terms and conditions..........  January 2018
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
    q. A license applicant must file no later than 60 days following
the date of issuance of the notice of acceptance and ready for
environmental analysis provided for in 5.22: (1) A copy of the water
quality certification; (2) a copy of the request for certification,
including proof of the date on which the certifying agency received the
request; or (3) evidence of waiver of water quality certification.

    Dated: March 15, 2017.
 Kimberly D. Bose,
 Secretary .
[FR Doc. 2017-05780 Filed 3-22-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: September 26, 2008 (Volume 73, Number 188)]
[Rules and Regulations]
[Page 55722-55723]
[DOCID:fr26se08-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0610; Airspace Docket No. 08-ASW-10]

Establishment of Class E Airspace; Pampa, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of effective date; correction.

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

SUMMARY: This action confirms the effective date and makes a correction
to the direct final rule that establishes Class E airspace at Pampa,
Mesa Vista Ranch Airport, TX, published in the Federal Register July 7,
2008 (73 FR 38314) Docket No. FAA-2008-0610. This action corrects the
final rule by adding ``Mesa Vista Ranch Airport'' to more clearly
define the airport name in the airport description.

DATES: Effective Date: 0901 UTC September 25, 2008. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Gary Mallett, Central Service Center,
System Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd, Fort Worth, TX, 76193-0530; telephone (817)
222-4949.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a direct final rule with request for comments in
the Federal Register July 7, 2008, (73 FR 38314), Docket No. FAA-2008-
0610.

The FAA uses the direct final rule procedure for non-controversial
rules where the FAA believes that there will be no adverse public
comment. This direct final rule advised the public that no adverse
comments were anticipated, and that unless a written adverse comment,
or a written notice of intent to submit an adverse comment, was
received within the comment period, the regulation would become
effective on September 25, 2008. No adverse comments were received;
thus, this notice confirms that the direct final rule will become
effective on this date. Also, the charting office recommended changing
the airport description to include Mesa Vista Ranch Airport.

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

Correction

0
In the Federal Register dated July 7, 2008, Federal Register Docket No.
FAA-2008-0610, page 38315, column 3, line 50, change to read:

ASW TX Class E5 Pampa, Mesa Vista Ranch Airport, TX [New].

* * * * *

    Issued in Fort Worth, TX on September 17, 2008.
Roger Trevino,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E8-22719 Filed 9-25-08; 8:45 am]

BILLING CODE 4910-13-P