[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Proposed Rules]
[Pages 13225-13228]
[FR Doc No: 2021-04236]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0129; Project Identifier AD-2020-01597-E]
RIN 2120-AA64

Airworthiness Directives; International Aero Engines AG Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain International Aero Engines AG (IAE) V2522-A5, V2524-A5,
V2525-D5, V2527-A5, V2527E-A5, V2527M-A5, V2528-D5, V2530-A5, V2531-E5,
and V2533-A5 model turbofan engines. This proposed AD was prompted by
an analysis performed by the manufacturer after an event involving an
uncontained failure of a high-pressure turbine (HPT) 1st-stage disk
that resulted in high-energy debris penetrating the engine cowling.
This proposed AD would require the performance of an ultrasonic
inspection (USI) of the HPT 1st-stage disk and HPT 2nd-stage disk and,
depending on the results of the inspections, replacement of the HPT
1st-stage disk or HPT 2nd-stage disk. The FAA is proposing this AD to
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 7,
2021.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
International Aero Engines AG, 400 Main Street, East Hartford, CT
06118; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>website: http://fleetcare.pw.utc.com. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0129; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Nicholas Paine, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0129; Project Identifier
AD-2020-01597-E'' at the beginning of your comments. The most helpful
comments

reference a specific portion of the proposal, explain the reason for
any recommended change, and include supporting data. The FAA will
consider all comments received by the closing date and may amend this
proposal because of those comments.
    The FAA has been informed that IAE has done some outreach with
affected operators regarding the proposed corrective actions for this
unsafe condition. As a result, affected operators are already aware of
the proposed corrective actions and, in some cases, have already begun
planning for implementation. Therefore, the FAA has determined that a
30-day comment period is appropriate given the particular circumstances
related to the proposed correction of this unsafe condition.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Nicholas Paine, Aviation Safety Engineer, ECO Branch, FAA, 1200
District Avenue, Burlington, MA 01803. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    On March 18, 2020, an Airbus Model A321-231 airplane, powered by
IAE V2533-A5 model turbofan engines, experienced an uncontained HPT
1st-stage disk failure that resulted in an aborted takeoff. The
uncontained failure of the HPT 1st-stage disk resulted in high-energy
debris penetrating the engine cowling. The FAA published Emergency AD
2020-07-51 on March 21, 2020 (followed by publication in the Federal
Register on April 13, 2020, as a Final Rule, Request for Comments (85
FR 20402)) and AD 2021-01-03 on January 6, 2021 (86 FR 458), to remove
from service HPT 1st-stage and HPT 2nd-stage disks identified as having
the highest risk of failure. Based on the root cause analysis performed
since that event, the manufacturer identified a population of HPT 1st-
stage disks and HPT 2nd-stage disks that require inspection and
possible removal from service. This condition, if not addressed, could
result in uncontained HPT disk failure, damage to the engine, damage to
the airplane, and loss of the airplane.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed IAE Non-Modification Service Bulletin (NMSB) No.
V2500-ENG-72-0713, Revision 1, dated January 26, 2021. The NMSB
identifies the affected HPT 1st-stage disks and HPT 2nd-stage disks on
IAE V2522-A5, V2524-A5, V2525-D5, V2527-A5, V2527E-A5, V2527M-A5,
V2528-D5, V2530-A5, and V2533-A5 model turbofan engines and specifies
procedures for a USI of the HPT 1st-stage disk and HPT 2nd-stage disk.
    The FAA also reviewed IAE NMSB No. V2500-E5-72-0015, dated December
15, 2020. The NMSB identifies the affected HPT 1st-stage disks and HPT
2nd-stage disks on IAE V2531-E5 model turbofan engines and specifies
procedures for a USI of the HPT 1st-stage disk and HPT 2nd-stage disk.
    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 ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require the performance of a USI of the HPT
1st-stage disk and HPT 2nd-stage disk and, depending on the results of
the inspections, replacement of the HPT 1st-stage disk or HPT 2nd-stage
disk with a part eligible for installation.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 1,100 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
USI the HPT 1st-stage disk and HPT    20 work-hours x $85 per              $0           $1,700       $1,870,000
 2nd-stage disk.                       hour = $1,700.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacement that would be required based on the results of the proposed
inspections. The agency has no way of determining the number of
aircraft that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace the HPT 1st-stage disk or HPT 2nd-     0 work-hours x $85 per hour =          $300,000         $300,000
 stage disk.                                    $0.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators.

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 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:

International Aero Engines AG: Docket No. FAA-2021-0129; Project
Identifier AD-2020-01597-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by April 7, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to International Aero Engines AG (IAE) V2522-A5,
V2524-A5, V2525-D5, V2527-A5, V2527E-A5, V2527M-A5, V2528-D5, V2530-
A5, V2531-E5, and V2533-A5 model turbofan engines with an installed:
    (1) High-pressure turbine (HPT) 1st-stage disk, part number (P/
N) 2A5001, with a serial number (S/N) listed in Appendix A, Table 1,
of IAE Non-Modification Service Bulletin (NMSB) No. V2500-ENG-72-
0713, Revision 1, dated January 26, 2021 (IAE NMSB V2500-ENG-72-
0713, Revision 1) or IAE NMSB No. V2500-E5-72-0015, dated December
15, 2020 (IAE NMSB V2500-E5-72-0015); and/or
    (2) HPT 2nd-stage disk, P/N 2A4802, with an S/N listed in
Appendix A, Table 2, of IAE NMSB V2500-ENG-72-0713, Revision 1, or
IAE NMSB V2500-E5-72-0015.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
Section.

(e) Unsafe Condition

    This AD was prompted by an analysis performed by the
manufacturer after an event involving an uncontained failure of a
HPT 1st-stage disk that resulted in high-energy debris penetrating
the engine cowling. The FAA is issuing this AD to prevent failure of
the HPT 1st-stage disk and HPT 2nd-stage disk. The unsafe condition,
if not addressed, could result in uncontained HPT disk failure,
damage to the engine, damage to the airplane, and loss of the
airplane.

(f) Compliance

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

(g) Required Actions

    (1) For IAE V2527E-A5, V2527M-A5, V2528-D5, V2530-A5, and V2533-
A5 model turbofan engines with an HPT 1st-stage disk, P/N 2A5001,
with an S/N listed in Appendix A, Table 1, of IAE NMSB V2500-ENG-72-
0713, Revision 1, at the next engine shop visit after the effective
date of this AD or before the HPT 1st-stage disk has accumulated
3,200 flight cycles (FCs) since the effective date of this AD,
whichever occurs first, perform an ultrasonic inspection (USI) of
the HPT 1st-stage disk using the Accomplishment Instructions,
paragraph 6, of IAE NMSB V2500-ENG-72-0713, Revision 1.
    (2) For IAE V2527E-A5, V2527M-A5, V2528-D5, V2530-A5, and V2533-
A5 model turbofan engines with an HPT 2nd-stage disk, P/N 2A4802,
with an S/N listed in Appendix A, Table 2, of IAE NMSB V2500-ENG-72-
0713, Revision 1, at the next engine shop visit after the effective
date of this AD or before the HPT 2nd-stage disk has accumulated
3,200 FCs since the effective date of this AD, whichever occurs
first, perform a USI of the HPT 2nd-stage disk using the
Accomplishment Instructions, paragraph 7, of IAE NMSB V2500-ENG-72-
0713, Revision 1.
    (3) For IAE V2522-A5, V2524-A5, V2525-D5, and V2527-A5 model
turbofan engines with an HPT 1st-stage disk, P/N 2A5001, with an S/N
listed in Appendix A, Table 1, of IAE NMSB V2500-ENG-72-0713,
Revision 1, at the next HPT rotor and stator assembly (HPT module)
removal or before the HPT 1st-stage disk has accumulated 6,700 FCs
since the effective date of this AD, whichever occurs first, perform
a USI of the HPT 1st-stage disk using the Accomplishment
Instructions, paragraph 6, of IAE NMSB V2500-ENG-72-0713, Revision
1.
    (4) For IAE V2522-A5, V2524-A5, V2525-D5, and V2527-A5 model
turbofan engines with an HPT 2nd-stage disk, P/N 2A4802, with an S/N
listed in Appendix A, Table 2, of IAE NMSB V2500-ENG-72-0713,
Revision 1, at the next HPT module removal or before the HPT 2nd-
stage disk has accumulated 6,700 FCs since the effective date of
this AD, whichever occurs first, perform a USI of the HPT 2nd-stage
disk using the Accomplishment Instructions, paragraph 7, of IAE NMSB
V2500-ENG-72-0713, Revision 1.
    (5) For IAE V2531-E5 model turbofan engines with an HPT 1st-
stage disk, P/N

2A5001, with an S/N listed in Appendix A, Table 1, of IAE NMSB
V2500-E5-72-0015, at the next engine shop visit or before the HPT
1st-stage disk has accumulated 3,200 FCs since the effective date of
this AD, whichever occurs first, perform a USI of the HPT 1st-stage
disk using the Accomplishment Instructions, paragraph 6, of IAE NMSB
V2500-E5-72-0015.
    (6) For IAE V2531-E5 model turbofan engines with an HPT 2nd-
stage disk, P/N 2A4802, with an S/N listed in Appendix A, Table 2,
of IAE NMSB V2500-E5-72-0015, at the next engine shop visit or
before the HPT 2nd-stage disk has accumulated 3,200 FCs since the
effective date of this AD, whichever occurs first, perform a USI of
the HPT 2nd-stage disk using the Accomplishment Instructions,
paragraph 7, of IAE NMSB V2500-E5-72-0015.
    (7) If, during the USI required by paragraphs (g)(1) through (6)
of this AD, a HPT 1st-stage disk or HPT 2nd-stage disk does not pass
the inspection as specified in the Accomplishment Instructions,
paragraph 8., of IAE NMSB V2500-ENG-72-0713, Revision 1, or IAE NMSB
V2500-E5-72-0015, as applicable, before further flight, remove the
HPT 1st-stage disk or 2nd-stage disk, as applicable, from service
and replace with a part eligible for installation.

(h) Definition

    For the purpose of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance involving the
separation of pairs of major mating engine flanges, H-P, except for
the following situations, which do not constitute an engine shop
visit.
    (1) Separation of engine flanges solely for the purposes of
transportation without subsequent engine maintenance.
    (2) Engine removal for the purpose of performing field
maintenance activities at a maintenance facility in lieu of
performing them on-wing.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in Related Information. You may email your request to:
<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    (1) For more information about this AD, contact Nicholas Paine,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
International Aero Engines AG, 400 Main Street, East Hartford, CT
06118; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>website:
http://fleetcare.pw.utc.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 1200 District Avenue, Burlington, MA 01803. For
information on the availability of this material at the FAA, call
(781) 238-7759.

    Issued on February 24, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-04236 Filed 3-5-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26410-26411]
[FR Doc No: 2019-11852]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP18-1115-002.
    Applicants: Saltville Gas Storage Company L.L.C.
    Description: Compliance filing Saltville RP18-1115 Compliance
Filing to be effective 10/1/2018.
    Filed Date: 5/30/19.
    Accession Number: 20190530-5500.
    Comments Due: 5 p.m. ET 6/6/19.

    Docket Numbers: RP19-343-004.
    Applicants: Texas Eastern Transmission, LP.
    Description: Compliance filing TETLP Rate Case Compliance Filing
RP19-343-000 to be effective 6/1/2019.
    Filed Date: 5/24/19.
    Accession Number: 20190524-5121.
    Comments Due: 5 p.m. ET 6/5/19.

    Docket Numbers: RP19-1234-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Compliance filing 2019 Refund Report--Texas Eastern
OFO Penalties (Rate Schedule S-2) to be effective N/A.
    Filed Date: 5/23/19.
    Accession Number: 20190523-5037.
    Comments Due: 5 p.m. ET 6/4/19.

    Docket Numbers: RP19-1235-000.
    Applicants: Tallgrass Interstate Gas Transmission, LLC.
    Description: Penalty Charge Reconciliation Filing of Tallgrass
Interstate Gas Transmission, LLC.
    Filed Date: 5/22/19.
    Accession Number: 20190522-5214.
    Comments Due: 5 p.m. ET 6/3/19.

    Docket Numbers: RP19-1236-000.
    Applicants: Vector Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: Tariff Clean-Up Filing (7/1/
2019) to be effective 7/1/2019.
    Filed Date: 5/23/19.
    Accession Number: 20190523-5073.
    Comments Due: 5 p.m. ET 6/4/19.

    Docket Numbers: RP19-1237-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Initial Rate Filing--Rivervale
South to Market to be effective 7/1/2019.

    Filed Date: 5/23/19.
    Accession Number: 20190523-5086.
    Comments Due: 5 p.m. ET 6/4/19.

    Docket Numbers: RP19-1238-000.
    Applicants: Questar Southern Trails Pipeline Company.
    Description: Annual Fuel Gas Reimbursement Report of Questar
Southern Trails Pipeline Company.
    Filed Date: 5/23/19.
    Accession Number: 20190523-5110.
    Comments Due: 5 p.m. ET 6/4/19.

    Docket Numbers: RP19-1239-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (SRP Jul-Sep 2019) to be effective 7/1/2019.
    Filed Date: 5/23/19.
    Accession Number: 20190523-5130.
    Comments Due: 5 p.m. ET 6/4/19.

    Docket Numbers: RP19-1240-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (Pioneer Jul-Sep 2019) to be effective 7/1/2019.
    Filed Date: 5/23/19.
    Accession Number: 20190523-5131.
    Comments Due: 5 p.m. ET 6/4/19.

    Docket Numbers: RP19-1241-000.
    Applicants: AVAD Operating, LLC.
    Description: Joint Petition for Temporary Waivers of Capacity
Release Regulations and Policies, et al. of AVAD Operating, LLC, et al.
    Filed Date: 5/23/19.
    Accession Number: 20190523-5210.
    Comments Due: 5 p.m. ET 6/4/19.

    Docket Numbers: RP19-1242-000.
    Applicants: Stagecoach Pipeline & Storage Company LLC.
    Description: Sec.  4(d) Rate Filing: Stagecoach Pipeline & Storage
Company LLC--Filing of Tariff Modifications to be effective 6/24/2019.
    Filed Date: 5/24/19.
    Accession Number: 20190524-5088.
    Comments Due: 5 p.m. ET 6/5/19.

    Docket Numbers: RP19-1243-000.
    Applicants: Northern Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: 20190524 Negotiated Rate to be
effective 5/25/2019.
    Filed Date: 5/24/19.
    Accession Number: 20190524-5207.
    Comments Due: 5 p.m. ET 6/5/19.

    Docket Numbers: RP19-1244-000.
    Applicants: Bobcat Gas Storage.
    Description: Sec.  4(d) Rate Filing: BGS Form of Service Agreements
Cleanup Filing to be effective 7/1/2019.
    Filed Date: 5/28/19.
    Accession Number: 20190528-5025.
    Comments Due: 5 p.m. ET 6/10/19.

    Docket Numbers: RP19-1245-000.
    Applicants: Steckman Ridge, LP.
    Description: Sec.  4(d) Rate Filing: SR Forms of Service Agreement
Cleanup Filing to be effective 7/1/2019.
    Filed Date: 5/28/19.
    Accession Number: 20190528-5026.
    Comments Due: 5 p.m. ET 6/10/19.

    Docket Numbers: RP19-1246-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Boston Gas
Releases to BBPC eff 6-1-2019 to be effective 6/1/2019.
    Filed Date: 5/28/19.
    Accession Number: 20190528-5047.
    Comments Due: 5 p.m. ET 6/10/19.

    Docket Numbers: RP19-1247-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Aethon
911578 eff 6-1-19 to be effective 6/1/2019.
    Filed Date: 5/28/19.
    Accession Number: 20190528-5062.
    Comments Due: 5 p.m. ET 6/10/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 31, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-11852 Filed 6-5-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 49 (Tuesday, March 16, 2021)]
[Notices]
[Pages 14522-14523]
[FR Doc No: 2021-05374]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2021-0008]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on January 1, 2021, The
Everett Railroad Company (EV) petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the Federal railroad safety regulations contained at 49 CFR part
230, Steam Locomotive Inspection and Maintenance Standards. FRA
assigned the petition Docket Number FRA-2021-0008.
    Specifically, EV requests relief from 49 CFR 230.16(a), Annual
inspection, to extend the annual inspection interval on locomotive EV
11 until March 2022, and 49 CFR 230.17(a), One thousand four hundred
seventy-two (1472) service day inspection, to extend the 1472-day
inspection to a 16-year interval. EV states that the COVID-19 public
health emergency has caused EV to halt excursion service, which
resulted in EV 11 only accumulating one service day since its 2020
annual inspection. EV anticipates operating EV 11 for about 40 service
days in 2021.
    EV 11 is currently stored inside a shop building, and EV does not
anticipate operating the locomotive until May 2021 or later.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by April 30, 2021 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable. Anyone can search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the comment (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in

the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-05374 Filed 3-15-21; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Notices]
[Pages 34062-34063]
[FR Doc No: E9-16582]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60259; File No. SR-CHX-2009-08]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Reallocation of Credits Paid to Institutional Brokers

 July 7, 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 29, 2009, the Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. CHX
filed the proposal pursuant to Section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The CHX proposes to amend its Schedule of Participant Fees and
Assessments (the ``Fee Schedule''), effective July 1, 2009, to change
the manner in which CHX-registered Institutional Brokers are paid a
credit based upon (1) Transaction Fees generated by Agency orders
executed by them on the Exchange's trading facilities and (2) Trade
Processing Fees generated by transactions executed on another trading
center, but submitted to clearing via the Exchange's systems. The text
of this proposed rule change is available on the Exchange's Web site at
http://www.chx.com/rules/proposed_rules.htm and in the Commission's
Public Reference Room, 100 F Street, NE., Washington, DC 20549.

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
    Through this filing, the Exchange would amend its Fee Schedule,
effective July 1, 2009, to change the manner in which CHX-registered
Institutional Brokers are paid credits based on both Transaction Fees
generated by Agency orders executed by them on the Exchange's trading
facilities and on Trade Processing Fees generated by orders executed on
away markets, but submitted to clearing by them via the Exchange's
systems.
    CHX-registered Institutional Brokers are paid a Credit which is
based upon a percentage of the fees derived from transactions handled
by them for other Exchange Participants.\5\ Pursuant to this filing,
the Fee Schedule would be amended to reduce the overall Credit paid to
Institutional Brokers (``Credit'') from 18% to 16% of the Fees charged
to Participants in transactions in which the Institutional Brokers are
involved in either the execution or clearance thereof. The amended Fee
Schedule would also alter the manner in which such credits are
distributed to Institutional Brokers involved in such transactions.
Currently, the Institutional Broker representing the ultimate clearing
participant in transactions executed on the Exchange receives the full
Credit. For transactions executed on another trading center and
reported to clearing via the Exchange's systems, however, the Credit is
divided between the Originating Broker (defined as the Institutional
Broker which executed the trade) and the Broker of Credit (defined as
the Institutional Broker that acted as the broker for the ultimate
Exchange clearing participant).
---------------------------------------------------------------------------

    \5\ These fees are set forth in Sections E.3. (Agency executions
through an institutional broker) and E.7. (Trade Processing Fees) of
the Fee Schedule.
---------------------------------------------------------------------------

    Under the proposed changes, the Fee Schedule would be modified to
harmonize the allocation of Credits paid to Institutional Brokers
derived from Transaction Fees with those paid based upon Trade
Processing Fees. In each case, the Credits would be divided between the
Originating Broker and the Broker of Credit and would be paid at the
same rates.\6\ Pursuant to the revised Fee Schedule, the Broker of
Credit would receive three-quarters (3/4) of the total Credit paid to
Institutional Brokers in the relevant transactions, or 12%. The
Originating Broker would receive the remaining 4% of the Credit for the
initial execution of the trade, whether on our trading facilities or in
an away market. An Institutional Broker could act as both the
Originating Broker and the Broker of Credit in any given transaction,
in which case it would earn Credits in both capacities.
---------------------------------------------------------------------------

    \6\ In order to accommodate this change, the definition of
``Originating Broker'' would be modified to delete the reference to
executions ``on an away market.''
---------------------------------------------------------------------------

    The Exchange believes that the harmonization of the manner of
payment and rates for Transaction Fee Credits with those for Trade
Processing Fee Credits is sensible and will serve to eliminate
potential confusion concerning the nature and amount of Credits paid in
Institutional Broker-handled transactions. Moreover, the transactions
handled by Institutional Brokers frequently are complicated and involve
numerous counterparties. Originating Brokers typically retain
additional clerical and operational staff to process and reconcile all
of the terms of and parties to these transactions. The payment of a
portion of the Credit to the Originating Broker recognizes the
additional costs borne by them and the Exchange hopes that it will also
incent Institutional Brokers to execute additional fee-generating
orders.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \7\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \8\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among its members. The Exchange believes that the
proposed changes to the allocation of Institutional Broker credits is
fair and reasonable in that it provides for additional compensation to
Originating Brokers in circumstances where they did not previously
receive any portion of the Credit. While the overall amount of Credits
is being reduced for transactions consummated on our trading
facilities, this reduction is offset by an increase in the amount of
Credits paid based upon away market trades.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).

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

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition.

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

    No written comments were either solicited or received.

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

    The foregoing proposed rule change is effective upon filing
pursuant to Section 19(b)(3)(A)(ii) of the Act \9\ and Rule 19b-4(f)(2)
thereunder.\10\ At any time within 60 days of the filing of the
proposed rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-CHX-2009-08 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-CHX-2009-08. 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 Room, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing will also 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 No. SR-CHX-2009-08 and should be submitted on or before August 4,
2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
 [FR Doc. E9-16582 Filed 7-13-09; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 195 (Wednesday, October 8, 2014)]
[Notices]
[Pages 60887-60889]
[FR Doc No: 2014-23008]

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

Office of the Secretary of Transportation

Requirements for the Recognizing Aviation and Aerospace
Innovation in Science and Engineering Awards; Deadline Extension

AGENCY: Office of the Secretary of Transportation, U.S. Department of
Transportation.

Action: Notice.

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

SUMMARY: Pursuant to a recommendation by the Future of Aviation
Advisory Committee, the Secretary of Transportation is announcing the
third-annual competition to recognize students with the ability to
demonstrate unique, innovative thinking in aerospace science and
engineering. In its third year, the Secretary has decided to create two
divisions within the award: A high school division and a university
division (both undergraduate and graduate). The Secretary of
Transportation intends to use the awards to incentivize students at
high schools and universities to think creatively in developing
innovative solutions to aviation and aerospace issues, and to share
those innovations with the broader community. This notice extends the
deadline for submitting proposals for the RAISE Award and makes other
small changes to the prior notices issued in April (79 FR 19167) and
May (79 FR 29476) 2014. The Department of Transportation has decided
that interested students could benefit from more time to develop
proposals for the 2014 competition. Thus, we are extending the dates
for submitting expressions of interest to November 14, 2014, and for
submitting final packages to 3:00 p.m. Eastern Standard Time on
December 30, 2014.

DATES: Effective on April 01, 2014 to December 30, 2014.

FOR FURTHER INFORMATION CONTACT: Patricia Watts, Ph.D., Federal
Aviation Administration,<PHONE_NUMBER><EMAIL_ADDRESS>or
James Brough, Federal Aviation Administration,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Subject of Challenge Competition: The Secretary's RAISE
(Recognizing Aviation & Aerospace Innovation in Science and
Engineering) Award will recognize innovative scientific and engineering
achievements that will have a significant impact on the future of
aerospace or aviation. Following an open solicitation by the United
States Department of Transportation (``the Department''), the Secretary
of Transportation (``the Secretary'') will designate an Award Review
Board Chair, who will submit nominations to the Secretary for final
consideration. The rules for this competition are available at http://www.challenge.gov.
    Award Approving Official: Anthony Foxx, Secretary of
Transportation.

Eligibility

    To be eligible to participate in the Secretary's RAISE Award
competition, students must be U.S. citizens or permanent residents. For
the high school division, the students must have been enrolled in at
least one semester (or quarterly equivalent) at a U.S. high school (or
equivalent approved home school program) in 2014. For the University
division, the student must have been enrolled in a U.S.-based college
or university for at least one semester (or quarterly equivalent) in
2014. Students may participate and be recognized as individuals or in
teams. Each member of a team must meet the eligibility criteria. An
individual may join more than one team. There is no charge to enter the
competition.
    The following additional rules apply:
    1. Candidates shall submit a project in the competition under the
rules promulgated by the Department;
    2. Candidates shall agree to execute indemnifications and waivers
of claims against the Federal government as provided in this Notice;
    3. Candidates may not be a Federal entity or Federal employee
acting within the scope of employment;
    4. Candidates may not be an employee of the Department, including
but not limited to the Federal Aviation Administration, or the Research
and Innovative Technology Administration;
    5. Candidates shall not be deemed ineligible because an individual
used Federal facilities or consulted with Federal employees during a
competition, if the facilities and employees are made available to all
individuals participating in the competition on an equitable basis;
    6. The competition is subject to all applicable Federal laws and
regulations. Participation constitutes the Candidates' full and
unconditional agreement to these rules and to the Secretary's
decisions, which are final and binding in all matters related to this
competition;
    7. Submissions which in the Secretary's sole discretion are
determined to be substantially similar to a prior submitted entry may
be disqualified;
    8. Submissions must be original, be the work of the Candidates, and
must not violate the rights of other parties. All submissions remain
the property of the applicants. Each Candidate represents and warrants
that he, she, or the team, is the sole author and owner of the
submission, that the submission is wholly original, that it does not
infringe any copyright or any other rights of any third party of which
the Candidate is aware, and, if submitted in electronic form, is free
of malware;
    9. By submitting an entry in this contest, contestants and entrants
agree to assume any and all risks and waive any claims against the
Federal Government and its related entities (except in the case of
willful misconduct) for any injury, death, damage, or loss of property,
revenue or profits, whether direct, indirect, or consequential, arising
from their participation in this contest, whether the injury, death,
damage, or loss arises through negligence of otherwise. Provided,
however, that by registering or submitting an entry, contestants and
entrants do not waive claims against the Department arising out of the

unauthorized use or disclosure by the agency of the intellectual
property, trade secrets, or confidential information of the entrant;
    10. The Secretary and the Secretary's designees have the right to
request access to supporting materials from the Candidates;
    11. The submissions cannot have been submitted in the same or
substantially similar form in any previous Federally-sponsored
promotion or Federally-sponsored contest, of any kind;
    12. Each Candidate grants to the Department, as well as other
Federal agencies with which it partners, the right to use names,
likeness, application materials, photographs, voices, opinions, and/or
hometown and state for the Department's promotional purposes in any
media, in perpetuity, worldwide, without further payment or
consideration; and
    13. The Secretary collects personal information from Candidates
when they enter this competition. The information collected is subject
to the ChallengePost privacy policy located at http://www.challengepost.com/privacy.

Expression of Interest

    Candidates are strongly encouraged to send brief expressions of
interest, in advance, by November 14, 2014. The expressions of interest
should be sent to the contact shown below and should include the
following elements: (1) Name of Candidate(s); (2) Name of educational
institution(s) with which Candidate(s) are affiliated; (2) Telephone
and email addresses for Candidate(s); (3) brief high-level overview of
the proposed project.

Submission Requirements

    Final submission packages shall consist of the following elements:
    1. Nomination letter from at least one teacher, advisor, faculty
member, and others as appropriate. The nomination letter(s) must
communicate accomplishments in the following areas:

a. Technical Merit of the Concept

    Evidence of technical merit based upon teacher (parent or legal
guardian in the case of home schooled applicants), advisor, or faculty
nomination and evaluation of the submitted proposal, written paper,
and/or reports.

b. Professionalism and Leadership

    Evidence of professionalism and leadership may be in the form of,
but not limited to:

(1) Membership and offices held in various groups
(2) Presentations made to various groups, meetings, and at symposia
(3) Leadership in student professional activities
(4) Community outreach activities

    2. An overall summary of the innovation, not to exceed one page,
which includes a title of the project and statement of the impact that
the innovation will have on the field of aviation or aerospace;
    3. A copy of the student's academic transcript or certified grade
report (as applicable);
    4. A copy of the paper(s) and related materials describing the
innovative concept written by the student(s) being nominated (no page
limit).
    Once submissions have been received, the Department may request
additional information, including supporting documentation, more
detailed contact information, releases of liability, and statements of
authenticity to guarantee the originality of the work. Failure to
respond in a timely fashion may result in disqualification.
    All materials should be forwarded with a cover letter to the
attention of: Patricia Watts, Ph.D., Centers of Excellence Program
Director, Federal Aviation Administration, L-28, FAA William J. Hughes
Technical Center, Atlantic City International Airport, NJ 08405.
    Hardcopy is preferred; however, the package also may be transmitted
by email to<EMAIL_ADDRESS>Submissions must be sent by 3:00
p.m. Eastern Standard Time on December 30, 2014. The timeliness of
submissions will be determined by the postmark (if sent in hard copy)
or time stamp of the recipient (if emailed). Award administrators
assume no responsibility for lost or untimely submissions for any
reason.

Award

    The winner will be announced as soon as possible after the
submission date. A trophy with the winner's name and date of award will
be displayed at the Department of Transportation and a display copy of
the trophy will be sent to the winner's school/college/university. An
additional plaque or trophy will be awarded to the individual or team.
At the option of the Secretary, the Department will pay for
invitational travel expenses to Washington, DC for up to four
representatives of the winning teams to present their project to
Department officials and receive the award from the Secretary.

Basis Upon Which the Winners Will Be Selected

    All submissions will be initially reviewed by the FAA Centers for
Excellence Program Director upon receipt to determine if the
submissions meet the eligibility requirements. Registration packages
meeting the eligibility requirements will be judged by advisory panels
consisting of academic experts, government officials including FAA, the
Department, and representatives of the private sector. The advisory
panels will select the most highly qualified submissions and present
them to the Secretary of the Department, who will select the winning
entrant.
    Submissions will be judged against other submissions from the same
division on the following criteria:
    Technical Merit:
     Has the submission presented a clear understanding of the
associated problems?
     Has the submission developed a logical and workable
solution and approach to solving the problem/s?
     What are the most significant aspects of this concept?
     Has the submission clearly described the breadth of impact
of the innovation?
    Originality:
     Is this concept new or a variation of an existing idea,
and in what way(s)?
     How is this work unique?
     Was the concept developed independently or in cooperation
with others?
    Impact:
     To what extent will this project make a significant impact
and/or contribution to the future of the aviation and aerospace
environment?
    Practicality:
     Who directly benefits from this work?
     Can this program or activity be implemented in a practical
fashion?
     What are the costs anticipated to be incurred and saved by
executing this concept?
    Measurability:
     How has this individual/group measured the impact on the
aviation environment?
     To what extent does the innovation result in measurable
improvements?
    Applicability:
     Can this effort be scaled?
     Is this work specific to one region, various regions, or
to the entire nation?
    All factors are important and will be given consideration, but the
advisory panels will give the ``technical merit'' factor the most
weight in the screening process. The Secretary retains sole discretion
to select the winning entrant.

Additional Information

    Federal grantees may not use Federal funds to develop COMPETES Act
challenge applications.
    Federal contractors may not use Federal funds from a contract to
develop COMPETES Act challenge applications or to fund efforts in
support of a COMPETES Act challenge submission.

    Authority: 15 U.S.C. 3719 (America COMPETES Act).

    Issued on: September 19, 2014.
Susan L. Kurland,
Assistant Secretary of Aviation and International Affairs.
[FR Doc. 2014-23008 Filed 10-7-14; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Rules and Regulations]
[Pages 80777-80780]
[FR Doc No: 2011-33151]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R04-OAR-2011-0006(a); FRL- 9611-8]

Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; State of Florida; Control of Hospital/
Medical/Infectious Waste Incinerator (HMIWI) Emissions From Existing
Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving the Clean Air Act (CAA) section 111(d)/129
state plan (the Plan) submitted by the Florida Department of
Environmental Protection (FDEP) for the State of Florida on December
21, 2010, for implementing and enforcing the Emissions Guidelines (EGs)
applicable to existing Hospital/Medical/Infectious Waste Incinerators
(HMIWIs). These EGs apply to devices that combust any amount of
hospital waste and/or medical/infectious waste.

DATES: This direct final rule is effective February 27, 2012 without
further notice, unless EPA receives adverse comment by January 26,
2012. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2011-0006 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: EPA-R04-OAR-2011-0006, Daniel Garver, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303.
    5. Hand Delivery or Courier: Mr. Daniel Garver, Air Toxics
Assessment and Implementation Section, Air Toxics and Monitoring
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. Such

deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding federal
holidays.
    Instructions: Direct your comments to Docket ID Number EPA-R04-OAR-
2011-0006. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Air Toxics Assessment and Implementation Section,
Air Toxics and Monitoring Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Daniel Garver, Air Toxics Assessment
and Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. The telephone number is<PHONE_NUMBER>. Mr. Garver can also
be reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background
II. Review of Florida's Municipal Waste Combustor (MWC) Plan
Revision
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Section 129(a)(5) of the CAA requires EPA to conduct a 5-year
review of the solid waste incinerator new source performance standards
(NSPS) and EGs and revise both, as appropriate. On October 6, 2009, EPA
took final action in the Federal Register to revise HMIWI rules under
sections 111 and 129 of the CAA. See 74 FR 51368. This revision was
made pursuant to the U.S. Court of Appeals for the District of Columbia
Circuit decision which remanded EPA's previous HMIWI regulations, and
required that EPA provide further explanation to justify EPA's
determination on the minimum regulatory ``floors'' for new and existing
HMIWI. The October 6, 2009 revision also satisfies the CAA Section
129(a)(5) requirement to conduct a review of the standards every 5
years. Section 129(b)(2) of the CAA requires states to submit to EPA
for approval state plans and revisions that implement and enforce the
amended EGs, in this case, 40 CFR part 60, subpart Ce. State plans and
revisions must be at least as protective as the EGs, and become
federally enforceable as a section 111(d)/129 plan revision upon
approval by EPA. The procedures for adoption and submittal of state
plans and revisions are codified in 40 CFR part 60, subpart B.

II. Review of Florida's MWC Plan Revision

    The required Florida 111(d)/129 Plan revision was submitted by FDEP
to EPA on December 21, 2010. EPA has reviewed the plan revision for
existing HMIWI units in the context of the requirements of 40 CFR part
60, and subparts B and Ce, as amended. State plans must include the
following nine essential elements: (1) Identification of legal
authority, (2) identification of mechanism for implementation, (3)
inventory of affected facilities, (4) emissions inventory, (5)
emissions limits, (6) compliance schedules, (7) testing, monitoring,
recordkeeping, and reporting, (8) public hearing records, and (9)
annual state progress reports on facility compliance.

A. Identification of Legal Authority

    Federal regulations found at 40 CFR 60.26 require the plan to
demonstrate that the State has legal authority to adopt and implement
the emission standards and compliance schedules. FDEP has demonstrated
that it has the legal authority to adopt and implement the emission
standards and compliance governing MWC emissions. FDEP's legal
authority is derived from state law found at Florida Statutes (F.S.)
Sec. 403.031 (Definitions), F.S. Sec. 403.061 (Department powers and
duties), F.S. Sec. 403.0872 (Title V air operating permits), and F.S.
Sec. 403.8055 (Authority to adopt federal standards by reference). F.S.
Subsections 403.061(6), (7), (8), and (13) give the authority for
obtaining information and for requiring recordkeeping, and use of
monitors. F.S. Subsection 403.061(35) gives the department authority to
exercise the duties, powers, and responsibilities required of the State
under the CAA. The sections of the Florida Statutes that give authority
for compliance and enforcement authority are F.S. Sec. 403.121
(Judicial and administrative remedies), F.S. Sec. 403.131 (Injunctive
relief), F.S. Sec. 403.141 (Civil remedies), and F.S. Sec. 403.161
(Civil and criminal penalties). Finally, F.S. Sec. 119.07 is the
authority for making the information available to the public.
Furthermore, FDEP has submitted and EPA has approved a previous Florida
111(d)/129 Plan for HMIWIs that demonstrate the required legal
authority (40 CFR 62.2370). Therefore, the Plan meets the requirements
of 40 CFR 60.26.

B. Identification of Enforceable State Mechanisms for Implementing the
Plan

    The subpart B provision at 40 CFR 60.24(a) requires that state
plans include emissions standards, defined 40 CFR 60.21(f) as ``a
legally enforceable regulation setting forth an allowable rate of
emissions into the atmosphere, or prescribing equipment specifications
for control of air pollution emissions.'' Florida Administrative Code
(F.A.C.)

Chapter 62-204.800, ``Federal Regulations Adopted by Reference'' has
been amended to incorporate revisions to subpart Cb. These amendments
to F.A.C. Rule 62-204.800(8) and (9), for Standards of Performance for
New Stationary Sources and Emission Guidelines and Compliance Times,
respectively, were proposed on October 8, 2010, and became effective on
December 30, 2010. These rules meet the requirement of 40 CFR 60.24(a)
to have a legally enforceable emission standard.

C. Inventory of Affected MWC Units

    Federal regulations found at 40 CFR 60.25(a) require each state
plan to include a complete source inventory of all HMIWI units. FDEP
has identified ten (10) affected facilities. An affected facility is
not exempt from applicable sections 111(d)/129 requirements because it
is not listed in the inventory compiled by FDEP. The affected
facilities identified by FDEP are shown in the table below:

------------------------------------------------------------------------
              Facility name                            County
------------------------------------------------------------------------
Boca Raton Community Hospital............  Palm Beach.
Bethesda Memorial Hospital...............  Palm Beach.
Malcom Randall VA Medical Center.........  Alachua.
Memorial Regional Hospital...............  Broward.
Lakeland Regional Medical Center.........  Polk.
Stericycle, Inc..........................  Orange.
Holy Cross Hospital......................  Broward.
Curtis Bay Energy Southeast..............  Pinellas.
St. Joseph's Hospital....................  Hillsborough.
VA Medical Center........................  Miami/Dade.
------------------------------------------------------------------------

D. Inventory of Emissions From Affected MWC Units

    Federal regulations found at 40 CFR 60.25(a) require that each
state plan include an emissions inventory that estimates emissions of
the pollutant regulated by the EGs. Emissions from HMIWI units contain
organics (dioxins/furans), metals (cadmium, lead, mercury, particulate
matter, opacity), and acid gases (hydrogen chloride, sulfur dioxide,
and nitrogen oxides). FDEP submitted an emissions inventory of HMIWI
units as part of its state plan. This emissions inventory contains
HMIWI unit emissions rates for each regulated pollutant for each
designated facility based on the most recent stack test data. This
meets the emission inventory requirements of 40 CFR 60.25(a).

E. Emissions Limitations for HMIWI Units

    Federal regulations found at 40 CFR 60.24(c) specify that the state
plan or revision must include emission standards that are no less
stringent than the EGs, except as specified in 40 CFR 60.24(f), which
allows for less stringent emission limitations on a case-by-case basis
if certain conditions are met. This exception clause is superseded by
section 129(b)(2) of the CAA, which requires that state plans be ``at
least as protective'' as the EGs. F.A.C. Rule 62-204.800(9)(g)3.a. and
b. specifically adopts by reference the EGs contained in 40 CFR part 60
subpart Ce. Since the emissions standards are adopted by reference, the
emission standards in the state plan are ``at least as protective'' as
those in subpart Ce, as amended.

F. Compliance Schedules

    Federal regulations found at 40 CFR 60.24(c) and (e), require that
each state plan must include an expeditious compliance schedule that
owners and operators of affected MWC units must meet in order to comply
with the requirements of the plan. F.A.C. Rule 62-204.800(9)(g)9.,
contains compliance times for HMIWI units. The Plan requires that all
existing HMWI units comply with the requirements of the plan by June 1,
2012, unless the unit complies with the alternate schedule found at 40
CFR 60.39e(c). The Plan revision meets applicable Federal requirements
for compliance schedules.

G. Testing, Monitoring, Recordkeeping, and Reporting Requirements

    The provisions of subpart B, 40 CFR 60.24(b) and 60.25(b),
stipulate facility testing, monitoring, recordkeeping and reporting
requirements for state plans. F.A.C. Rules 62-204.800(9)(g)7.a. and b.,
and 62-204.800(9)(g)8.a. and b., adopt by reference the performance
testing and monitoring, and reporting and recordkeeping requirements
found at 40 CFR 60.37e and 60.38e, respectively. The Plan revision
meets applicable Federal requirements for testing, monitoring,
recordkeeping, and reporting requirements.

H. A Record of Public Hearing on the State Plan Revision

    FDEP published a notice of opportunity to submit public comments or
request a public hearing on the state plan revision on October 22,
2010. No comments were received, and a public hearing was not
requested. Applicable portions of F.A.C. Chapter 62-204.800 amendments
became effective on December 30, 2010. FDEP provided evidence of
complying with public notice and other hearing requirements. FDEP also
certified that ``the public notice and hearing requirements of all
applicable state and federal regulations have been satisfied.'' FDEP
has met the requirement of 40 CFR 60.23 for a public hearing.

I. Annual State Progress Reports to EPA

    FDEP must submit to EPA on an annual basis a report which details
the progress in the enforcement of the plan in accordance with 40 CFR
60.25(e) and (f). Accordingly, FDEP will submit annual reports on
progress in plan enforcement to EPA on an annual (calendar) basis,
commencing with the first full report period after plan revision
approval.

III. Final Action

    Based upon the rationale discussed above, EPA is approving the Plan
revision and related F.A.C. Rule 62-204.800(9) amendments, as adopted
by Florida on October 8, 2010. This approval excludes certain
authorities retained by EPA, as stated in 40 CFR 60.50c(i). As required
by 40 CFR 60.28(c), any revisions to the Plan or supporting regulations
will not be considered part of the applicable plan until submitted by
FDEP in accordance with 40 CFR 60.28(a) or (b), as applicable, and
until approved by EPA in accordance with 40 CFR part 60, subpart B,
requirements.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. This action simply reflects already existing Federal
requirement for state air pollution control agencies and existing HMIWI
units that are subject to the provisions of 40 CFR part 60, subpart Ce
and related subpart Ec. However, in the ``Proposed Rules'' section of
this Federal Register publication, EPA is publishing a separate
document that will serve as the proposal to approve the section 111(d)/
129 Plan revision should relevant adverse or critical comments be
filed. This rule will be effective January 26, 2012 without further
notice unless EPA receives adverse comments by January 26, 2012. If EPA
receives adverse comments, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule did not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. The EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. If no such comments are received, the public is advised
that this rule will be effective on February 27, 2012 and no further
action will be taken on the proposed rule.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the CAA and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing 111(d)/129 plan submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
111(d)/129 Plan is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 27, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: November 21, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    For the reasons set forth in the preamble, part 62 of chapter I of
title 40 of the Code of Federal Regulations is amended as follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart K--Florida

0
2. Section 62.2370 is revised to read as follows:

Sec.  62.2370  Identification of sources.

    (a) The plan applies to existing hospital/medical/infectious waste
incinerators for which construction was commenced on or before December
1, 2008, or for which modification was commenced on or before April 6,
2010.
    (b) On December 21, 2010, Florida submitted a revised state plan
and related Florida Administrative Code amendments as required by 40
CFR part 60, subpart Ce, amended on October 6, 2009.

[FR Doc. 2011-33151 Filed 12-23-11; 8:45 am]
BILLING CODE P


[Federal Register: March 12, 2008 (Volume 73, Number 49)]
[Notices]
[Page 13268-13269]
[DOCID:fr12mr08-123]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57442; File No. SR-NYSE-2008-13]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Delete From Section 802.01E of the Exchange's Listed Company Manual
Text That is No Longer Relevant

March 6, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \4\ and Rule 19b-4 thereunder,\5\ notice is hereby given that
on February 14, 2008, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been substantially prepared by the
Exchange. The Exchange filed the proposal pursuant to Section
19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Section 802.01E of the Exchange's
Listed Company Manual (``Manual'') to delete a provision that ceased by
its terms to be applied on December 31, 2007. The text of the proposed
rule change is available on the Exchange's Web site (http://
www.nyse.com) 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 NYSE 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
    Section 802.01E of the Manual contains a provision that gives the
Exchange discretion to allow certain companies to remain listed if
their annual reports are delayed beyond 12 months after the required
filing date because such a company may have a position in the market
(relating to both the nature of its business and its very large
publicly-held market capitalization) such that its delisting from the
Exchange would be significantly contrary to the national interest and
the interests of public investors. This provision expired on December
31, 2007. As the period to which the provision relates has ended, it no
longer has any effect and the Exchange wishes to delete it from the
Manual.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \8\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market,
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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 rule does not (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the

public interest, provided that the Exchange has given 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,\9\ the
proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \9\ The Exchange has fulfilled this requirement.
    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    Under Rule 19b-4(f)(6) of the Act,\12\ the proposal does not become
operative for 30 days after the date of its filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest. The Exchange has requested that
the Commission waive the 30-day operative date, so that the proposal
may take effect upon filing. The Exchange believes that the proposed
rule change does not raise any new regulatory issues. The Commission
agrees because the proposal is simply deleting outdated material from
the Manual. Therefore, consistent with the protection of investors and
the public interest, the Commission has determined to waive the 30-day
operative date so that the proposal may become operative upon
filing.\13\
---------------------------------------------------------------------------

    \12\ Id.
    \13\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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-NYSE-2008-13 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2008-13. 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 Room, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of the filing also
will be available for inspection and copying at the principal office of
the Exchange. 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-
NYSE-2008-13 and should be submitted on or before April 2, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-4839 Filed 3-11-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Proposed Rules]
[Pages 35129-35131]
[FR Doc No: 2017-15868]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0565; Airspace Docket No. 17-AWP-1]

Proposed Establishment of Class D and Class E Airspace, Amendment
of Class E Airspace; Truckee, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class D airspace, and Class
E airspace designated as an extension, and modify Class E airspace
extending upward from 700 feet above the surface, at Truckee-Tahoe
Airport, Truckee, CA. This airspace redesign is necessary to support
standard instrument approach and departure procedures under instrument
flight rules (IFR) operations at the airport due to the commissioning
of the Truckee-Tahoe Airport Non-Federal Contract Tower. This proposal
would enhance the safety and management of IFR operations at the
airport.

DATES: Comments must be received on or before September 11, 2017.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2017-0565; Airspace Docket No. 17-AWP-1, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.
    FAA Order 7400.11, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence

Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>. The Order
is also available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of FAA Order
7400.11A at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish Class D and Class E extension airspace at
Truckee-Tahoe Airport, Truckee, CA, and amend Class E airspace to
support standard instrument approach and departure procedures under
instrument flight rules (IFR) operations at the airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2017-0565;
Airspace Docket No. 17-AWP-1.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.11A, Airspace
Designations and Reporting Points, dated August 3, 2016, and effective
September 15, 2016. FAA Order 7400.11A is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11A lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by establishing Class D airspace, and
Class E airspace designated as an extension, and modifying Class E
airspace extending upward from 700 feet above the surface, at Truckee-
Tahoe Airport, Truckee, CA, to support the commissioning of a Non-
Federal Contract Tower (NFCT), and to support standard instrument
approach and departure procedures under IFR operations at the airport.
    The Truckee-Tahoe NFCT would initially operate as a part-time,
seasonal, air traffic control facility. The associated Class D airspace
and Class E extension airspace areas would be effective during the
specific dates and times established, in advance by NOTAM. The
effective date and time will thereafter be continuously published in
the Chart Supplement.
    Class D airspace would be established upward from the surface to
and including 8,400 feet MSL within a 4.2-mile radius of Truckee-Tahoe
Airport.
    Class E airspace designated as an extension to a Class D or Class E
surface area would be established in two segments approximately 4 miles
wide, one extending to approximately 10 miles north, and one 12 miles
northwest, of Truckee-Tahoe Airport.
    Class E airspace extending upward from 700 feet above the surface
(currently located north and northwest of the airport) would be shifted
slightly east to precisely align with the RNAV instrument approach
procedures to runways 11 and 02. Also, a small area would be expanded
north of Truckee-Tahoe Airport to provide controlled airspace for IFR
departures using runway 29.
    Class D and Class E airspace designations are published in
paragraph 5000, 6004, and 6005, respectively, of FAA Order 7400.11A,
dated August 3, 2016 and effective September 15, 2016, which is
incorporated by reference in 14 CFR 71.1. The Class D and Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would not have a
significant economic

impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AWP CA D Truckee, CA [New]

Truckee-Tahoe Airport
    (Lat. 39[deg]19'12'' N., long. 120[deg]08'22'' W.)

    That airspace extending upward from the surface to and including
8400 feet MSL within a 4.2-mile radius of Truckee-Tahoe Airport.
This Class D surface area is effective during the specific dates and
times established, in advance, by a Notice to Airmen. The effective
date and time will thereafter be continuously published in the Chart
Supplement.

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D or Class E Surface Area.

* * * * *

AWP CA E4 Truckee, CA [New]

Truckee-Tahoe Airport
    (Lat. 39[deg]19'12'' N., long. 120[deg]08'22'' W.)

    That airspace within a line beginning at the point where a
279[deg] bearing from the Truckee-Tahoe Airport intersects the 4.2-
mile radius of the airport to lat. 39[deg]26'41'' N., long.
120[deg]20'43'' W., to lat. 39[deg]29'27'' N., long. 120[deg]16'17''
W., to the point where a 344[deg] bearing from the airport
intersects the 4.2-mile radius of the airport, thence counter
clockwise along the 4.2-mile radius of the airport to the point of
beginning, and that airspace within a line beginning at the point
where a 352[deg] bearing from the airport intersects the 4.2-mile
radius of the airport to lat. 39[deg]29'18'' N., long.
120[deg]06'57'' W., to lat. 39[deg]28'11'' N., long. 120[deg]01'44''
W., to the point where a 053[deg] bearing from the airport
intersects the 4.2-mile radius of the airport, thence counter
clockwise along the 4.2-mile radius of the airport to the point of
beginning.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AWP CA E5 Truckee, CA [Modified]

Truckee-Tahoe Airport
    (Lat. 39[deg]19'12'' N., long. 120[deg]08'22'' W.)

    That airspace extending upward from 700 feet above the surface
within a line beginning at lat. 39[deg]26'41'' N., long.
120[deg]20'43'' W., to lat. 39[deg]29'27'' N., long. 120[deg]16'17''
W., to lat. 39[deg]32'45'' N., long. 120[deg]18'59'' W., to lat.
39[deg]30'34'' N., long. 120[deg]23'37'' W., thence to the point of
beginning; and that airspace within a line beginning at lat.
39[deg]29'18'' N., long. 120[deg]06'57'' W., to lat. 39[deg]28'11''
N., long. 120[deg]01'44'' W., to lat. 39[deg]36'17'' N., long.
119[deg]58'54'' W., to lat. 39[deg]37'23'' N., long. 120[deg]04'08''
W., thence to the point of beginning; and that airspace within 1.8
miles each side of a line extending from the point where the
Truckee-Tahoe Airport 328[deg] bearing intersects the 4.2-mile
radius of the airport to the point on a 348[deg] bearing from the
airport extending 6.3 miles northwest of the airport.

    Issued in Seattle, Washington, on July 19, 2017.
Sam S.L. Shrimpton,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-15868 Filed 7-27-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Notices]
[Page 66095]
[FR Doc No: 2016-23326]

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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 a closed meeting on Thursday,
September 29, 2016 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the closed meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit
consideration of the scheduled matter at the closed meeting.
    Chair White, as duty officer, voted to consider the items listed
for the closed meeting in closed session.
    The subject matter of the closed meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Adjudicatory matters; and
    Other matters relating to enforcement proceedings.
    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 Brent J. Fields from
the Office of the Secretary at<PHONE_NUMBER>.

    Dated: September 22, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-23326 Filed 9-22-16; 4:15 pm]
 BILLING CODE 8011-01-P