[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Rules and Regulations]
[Pages 11954-11955]
[FR Doc No: 2022-04474]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-1049; Airspace Docket No. 21-ASO-36]
RIN 2120-AA66

Amendment of Class E Airspace; Hampton, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace extending upward from 700
feet above the surface for Atlanta Speedway Airport (formerly Clayton
County-Tara Field), Hampton, GA by updating the airport's name and
geographical coordinates to coincide with the FAA's database. This
action also increases the radius and removes excessive verbiage from
the legal description of the airport. Controlled airspace is necessary
for the safety and management of instrument flight rules (IFR)
operations in the area.

DATES: Effective 0901 UTC, May 19, 2022. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments, can be viewed online at https://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: (202) 267-
8783. FAA Order JO 7400.11F is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of FAA Order JO 7400.11F at NARA, email
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: John Goodson, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave., College Park, GA 30337; 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 amends Class E airspace extending upward from 700 feet above the
surface to support IFR operations in Hampton, GA.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (86 FR, 69181, December 7, 2021) for Docket No. FAA-2021-1049
to amend Class E airspace extending upward from 700 feet above the
surface for Hampton, GA.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E airspace designations are published in Paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace listed in this document will be published subsequently in
FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic routes, and reporting
points.

The Rule

    The FAA amends 14 CFR part 71 by amending Class E airspace
extending upward from 700 feet above the surface at Atlanta Speedway
Airport (formerly Clayton County-Tara Field), Hampton, GA, by updating
the airport's name and updating the geographical coordinates to
coincide with the FAA's database. In addition, this action amends the
radius to 9.2 miles (formerly 6.8 miles) and eliminates excessive
verbiage in the legal description.
    Class E airspace designations are published in Paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
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 minimal. Since this is a routine matter that only
affects air traffic procedures and air navigation, it is certified that
this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA

Order JO 1050.1F, ``Environmental Impacts: Policies and Procedures,''
paragraph 5-6.5a. This airspace action is not expected to cause any
potentially significant environmental impacts, and no extraordinary
circumstances exist that warrant preparation of an environmental
assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 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 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 JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

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

* * * * *

ASO GA E5 Hampton, GA [Amended]

Atlanta Speedway Airport, GA
    (Lat. 33[deg]23'24'' N, long. 84[deg]19'52'' W)

    That airspace extending upward from 700 feet above the surface
within a 9.2-mile radius of Atlanta Speedway Airport.

    Issued in College Park, Georgia, on February 23, 2022.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2022-04474 Filed 3-2-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3661-3663]
[FR Doc No: 2022-01303]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0362; FRL-9238-02-R4]

Air Plan Approval; FL; Removal of Motor Vehicle Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving changes
to a State Implementation Plan (SIP) revision submitted by the State of
Florida, through the Florida Department of Environmental Protection
(FDEP), in a letter dated July 2, 2020. Specifically, EPA is approving
the removal of rules prohibiting tampering with motor vehicle air
pollution control equipment and rules concerning visible emissions from
motor vehicles. These rules were previously approved into the SIP even
though they were not required by the Clean Air Act (CAA or Act) to be
in the SIP. EPA is approving the removal of the tampering rules and
visible emission rules from the federally approved SIP because removing
the requirements is consistent with the CAA and applicable regulations.

DATES: This rule is effective February 24, 2022.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0362. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information 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 through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation 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: Kelly Sheckler, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9222. Ms. Kelly Sheckler can also be reached via electronic
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Florida submitted a SIP revision, through a letter dated July 2,
2020, to update the State's air quality rules, specifically, for the
removal of Chapters 62-243 and 62-244 from the Florida SIP. The first
rule relates to anti-tampering measures that restricted the removal or
disabling of specific motor vehicle air pollution control devices and
prohibited the sale, lease, or transfer of motor vehicles by licensed
motor vehicle dealers. The second rule relates to the prohibition of
operating either gasoline or diesel-powered vehicles on public roads
that emit visible emissions for more than five continuous seconds.
Chapters 62-243 and 62-244 implement certain ``on-road'' prohibitions
of Florida Statutes (F.S.) Section 316.2935.
    The purpose of Chapter 62-243, Tampering with Motor Vehicles Air
Pollution Control Equipment, is to prohibit licensed motor vehicle
dealers from offering for sale, lease or transfer, vehicles that had
the emission control components tampered with or removed. Chapter 62-
244, Visible Emissions from Motor Vehicles, implements requirements
relating to the operation of a motor vehicle on public roads in the
state of Florida that emit visible emissions from the exhaust tailpipe
for

more than a continuous period of five minutes. These rules specifically
were intended to give guidance to law enforcement officers on how to
issue noncriminal traffic citations to anyone operating a motor vehicle
emitting visible emissions from the vehicle's tailpipe on public roads.
    On November 22, 2021, EPA published a notice of proposed rulemaking
(NPRM) to approve the aforementioned changes to Florida's SIP. See 86
FR 66255. EPA's November 22, 2021, NPRM includes further detail on the
changes made in Florida's July 2, 2020, submittal and EPA's rationale
for approving these changes to the SIP. Comments were due on the
November 22, 2021, NPRM on or before December 22, 2021. EPA received no
comments on the November 22, 2021, NPRM. Therefore, EPA is approving
the changes in this final action.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. EPA is finalizing the removal of provisions
from the Florida SIP regarding the Motor Vehicle Rules at Chapter 62-
243, F.A.C.--Tampering with Motor Vehicle Air Pollution Control
Equipment and Chapter 62-244, F.A.C.--Visible Emissions from Motor
Vehicles, which are incorporated by reference in accordance with the
requirements of 1 CFR part 51. EPA has made and will continue to make
the SIP generally available at the EPA Region 4 Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).\1\
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    \1\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is removing Chapter 62-243, F.A.C.--Tampering with Motor
Vehicle Emission Control Equipment, and Chapter 62-244, F.A.C.--Visible
Emissions from Mobile Sources, in their entirety, from the Florida SIP.
EPA is taking final action to approve these changes to the SIP because
they are consistent with the CAA.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it 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 March 28, 2022. 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. 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 52

    Environmental protection, Incorporation by reference, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: January 18, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart K--Florida

Sec.  52.520  [Amended]

0
2. In Sec.  52.520(c), the table is amended by:
0
a. Removing the heading ``Chapter 62-243 Tampering With Motor Vehicle
Air Pollution Control Equipment'' and the entries ``62-243.100,'' ``62-
243.200,'' ``62-243.300,'' ``62-243.400,'' ``62-243.500,'' ``62-
243.600,'' and ``62-243.700;'' and
0
b. Removing the heading ``Chapter 62-244 Visible Emissions From Motor
Vehicles'' and the entries ``62-244.100,'' ``62-244.200,'' ``62-
244.300,'' ``62-

244.400,'' ``62-244.500,'' and ``62-244.600.''

[FR Doc. 2022-01303 Filed 1-24-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 15, 2010 (Volume 75, Number 49)]
[Proposed Rules]
[Page 12165-12166]
[DOCID:fr15mr10-16]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1177; Airspace Docket No. 09-ASW-34]

Class E Airspace; Batesville, AR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Batesville,
AR. Decommissioning of the Independence County non-directional beacon
(NDB) at Batesville Regional Airport has made this action necessary for
the safety and management of Instrument Flight Rules (IFR) operations
at the airport.

DATES: 0901 UTC. Comments must be received on or before April 29, 2010.

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 20590-0001. You
must identify the docket number FAA-2009-1177/Airspace Docket No. 09-
ASW-34, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

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. Commenters 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-2009-1177/
Airspace Docket No. 09-ASW-34.'' The postcard will be date/time stamped
and returned to the commenter.

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/airports_airtraffic/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 ADDRESSES section for address and phone number) between 9
a.m and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Central Service Center, 2601 Meacham Blvd., Fort
Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), part 71 by amending Class E airspace extending upward from
700 feet above the surface for standard instrument approach procedures
at Batesville Regional Airport, Batesville, AR. Airspace
reconfiguration is necessary due to the decommissioning of the
Independence County NDB and the cancellation of the NDB approach.
Controlled airspace is needed for the safety and management of IFR
operations at the airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9T, dated August 27, 2009, and effective September 15, 2009, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    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.
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 rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, 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 amend controlled airspace at Batesville Regional Airport,
Batesville, AR.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, 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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9T, Airspace Designations and Reporting Points, signed August 27,
2009, and effective September 15, 2009, is amended as follows:

Paragraph 6005 Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ASW AR E5 Batesville, AR [Amended]

Batesville Regional Airport, AR
    (Lat. 35[deg]43'34'' N., long. 91[deg]38'51'' W.)

    That airspace extending upward from 700 feet above the surface
within a 9.3-mile radius of Batesville Regional Airport and within 4
miles each side of the 260[deg] bearing from the airport extending
from the 9.3-mile radius to 12.2 miles west of the airport.

    Issued in Fort Worth, TX, on February 24, 2010.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-5572 Filed 3-12-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 28, 2008 (Volume 73, Number 40)]
[Rules and Regulations]
[Page 10647-10649]
[DOCID:fr28fe08-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29001; Directorate Identifier 2007-NE-36-AD;
Amendment 39-15395; AD 2008-05-01]
RIN 2120-AA64

Airworthiness Directives; General Electric Company CF34-8C1/-8C5/
-8C5B1/-8E5/-8E5A1, and CF34-10E Series Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
General Electric Company (GE) CF34-8C1/-8C5/-8C5B1/-8E5/-8E5A1, and
CF34-10E series turbofan engines with certain part number (P/N) and
serial number (SN) fuel metering units (FMU) installed. This AD
requires a onetime test of the FMU for a miswired (reversed polarity)
condition of the input wires to the overspeed solenoid. This AD results
from the discovery of miswired FMU overspeed solenoids in the field. We
are issuing this AD to prevent the engine from failing to shutdown
during an overspeed which may lead to uncontained engine failure.

DATES: This AD becomes effective April 3, 2008. The Director of the
Federal Register approved the incorporation by reference of certain
publications listed in the regulations as of April 3, 2008.

ADDRESSES: You can get the service information identified in this AD
from General Electric Company via Lockheed Martin Technology Services,
10525 Chester Road, Suite C, Cincinnati, Ohio 45215; telephone (513)
672-8400; fax<PHONE_NUMBER>.
    The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Tara Chaidez, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39
with a proposed AD. The proposed AD applies to GE CF34-8C1/-8C5/-8C5B1/
-8E5/-8E5A1, and CF34-10E series turbofan engines with certain P/N and
SN fuel metering units installed. We published the proposed AD in the
Federal Register on September 7, 2007 (72 FR 51384). That action
proposed to require a onetime test of the FMU for a miswired (reversed
polarity) condition of the input wires to the overspeed solenoid.

Examinig the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is provided in
the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.

Request to Reference the Latest GE Service Bulletin Revisions

    One commenter, GE, requests that we reference the latest GE service
bulletin (SB) revisions, which are SB No. CF34-8C-AL S/B 73-0030,
Revision 3, dated November 1, 2007, SB No. CF34-8E-AL S/B 73-0015,
Revision 3, dated November 1, 2007, and SB No. CF34-10E S/B 72-0067,
Revision 2, dated August 28, 2007.
    We agree. We made that change in the AD.

Request to Modify the Discussion Paragraph

    One commenter, Woodward Governor Company, requests that we modify
the Discussion paragraph of the proposed AD by deleting the statement
``If the solenoid is miswired, the engine will fail to shut down as
commanded''. The commenter interprets this statement as meaning that if
the engine can be shut down normally, the AD is not required.
    We partially agree. The statement is needed to explain that the AD
is required by stating that shutdown failure is tied to overspeed in
the unsafe condition statement in this AD. However, we deleted ``as
commanded'' from the unsafe condition statements in the AD.

Request to Include 13 Additional FMU Serial Numbers

    Woodward Governor Company requests that we include 13 additional
FMU serial numbers, that were discovered to be affected since we issued
the NPRM.
    We agree. We changed the SN range of WYG94939 through WYGB4222 to
WYG89156 through WYGB4222 in the AD and added the costs for them to the
Cost section.

Request to Clarify Costs of Compliance

    Woodward Governor Company requests that in the Costs of Compliance
paragraph we clarify the statement ``We estimate that about 2 percent
of the inspected solenoids are defective, and it will cost about $5,000
to replace each FMU'' to ``We estimate that about 2 percent of the
inspected solenoids are defective, and it will cost about $5,000 to
replace each FMU solenoid.''
    We agree. We clarified the Cost statement in the AD.

Request to Extend the Compliance Time

    One commenter, Mesa Airlines, requests that we extend the
compliance time from 2,200 flight hours to 4,000 flight hours, due to
potentially longer repair turn around times of failed FMUs from the
manufacturer.
    We do not agree. Our compliance interval includes anticipated
repair turn-around times. We did not change the AD.

Removal of Reporting Requirement

    We removed the reporting requirement from the AD, since we
determined it was unnecesary.

Conclusion

    We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    We estimate that this AD will affect 1,055 engines installed on
airplanes of U.S. registry. We also estimate that it will take about
0.25 work-hour per engine to perform the FMU inspections, and that the
average labor rate is $80 per work-hour. We estimate that about 2
percent of the inspected solenoids are defective. Replacement solenoids
will cost about $5,000 each. Based on these figures, we estimate the
total cost of the AD to U.S. operators to be $126,600. Our cost
estimate is exclusive of possible warranty coverage.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue

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

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary at the
address listed under ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2008-05-01 General Electric Company: Amendment 39-15395. Docket No.
FAA-2007-29001; Directorate Identifier 2007-NE-36-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 3,
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to:
    (1) General Electric Company (GE) CF34-8C1/-8C5/-8C5B1/-8E5/-
8E5A1 turbofan engines, with GE fuel metering unit (FMU) part number
(P/N) 4120T01P02, serial numbers (SNs) WYG89156 through WYGB4222,
and Woodward Governor FMU Vendor Identification Number (VIN) 8061-
926, SNs 11954378 through 15140071.
    (2) GE CF34-10E series turbofan engines, with GE FMU P/N
2043M10P05, SNs WYGA3251 through WYGB4085, and Woodward Governor FMU
VIN 8063-884, SNs 13335695 through 15028283.
    (3) CF34-8C1/-8C5/-8C5B1 turbofan engines are installed on, but
not limited to, Bombardier Inc. Model CL-600-2C10 (CRJ-700 & -701),
and CL-600-2D24/-2D15 (CRJ-900) airplanes.
    (4) CF34-8E5/-8E5A1 turbofan engines are installed on, but not
limited to, Embraer ERJ 170-100/ -200 series airplanes.
    (5) CF34-10E series turbofan engines are installed on, but not
limited to, Embraer ERJ 190-100/-200 series airplanes.

Unsafe Condition

    (d) This AD results from the discovery of miswired FMU overspeed
solenoids in the field. We are issuing this AD to prevent the engine
from failing to shutdown during an overspeed which may lead to
uncontained engine failure.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within 2,200 flight hours after the effective date of
this AD, but not to exceed 24 months after the effective date of
this AD, unless the actions have already been done.

Onetime Test of the FMU

    (f) Perform a onetime test of the FMU for a miswired (reversed
polarity) condition of the input wires to the overspeed solenoid.
    (g) Use paragraph 3A of the Accomplishment Instructions of GE
Service Bulletin (SB) No. CF34-8C-AL S/B 73-0030, Revision 3, dated
November 1, 2007, SB No. CF34-8E-AL S/B 73-0015, Revision 3, dated
November 1, 2007, or SB No. CF34-10E S/B 72-0067, Revision 2, dated
August 28, 2007, as applicable, to do the test.
    (h) If the FMU fails the test, remove the FMU.

Previous Credit

    (i) If you performed the actions specified in paragraphs (f)
through (h) of this AD using the inspection procedures in the
following SBs, before the effective date of this AD, you satisfied
the requirements of this AD.
    (1) GE SB No. CF34-8C-AL S/B 73-0030, dated May 25, 2007,
Revision 1, dated July 19, 2007, or Revision 2, dated August 28,
2007.
    (2) GE SB No. CF34-8E-AL S/B 73-0015, dated June 1, 2007,
Revision 1, dated July 19, 2007, or Revision 2, dated August 28,
2007.
    (3) GE SB No. CF34-10E S/B 72-0067, dated June 7, 2007 or
Revision 1, dated July 26, 2007.

Alternative Methods of Compliance

    (j) The Manager, Engine Certification Office, has the authority
to approve alternative methods of compliance for this AD if
requested using the procedures found in 14 CFR 39.19.

Related Information

    (k) Contact Tara Chaidez, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>,
for more information about this AD.

Material Incorporated by Reference

    (l) You must use the service information specified in Table 1 of
this AD to perform the testing required by this AD. The Director of
the Federal Register approved the incorporation by reference of the
documents listed in Table 1 in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Contact General Electric Company via Lockheed Martin
Technology Services, 10525 Chester Road, Suite C, Cincinnati, Ohio
45215; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>, for a copy of
this service information. You may review copies at the FAA, New
England Region, 12 New England Executive Park, Burlington, MA; or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/
ibr-locations.html.

                                      Table 1.--Incorporation by Reference
----------------------------------------------------------------------------------------------------------------
       GE Service Bulletin No.                  Page              Revision                    Date
----------------------------------------------------------------------------------------------------------------
CF34-8C-AL S/B 73-0030, Total Pages:  ALL....................               3  November 1, 2007.
 11.

CF34-8E-AL S/B 73-0015, Total Pages:  ALL....................               3  November 1, 2007.
 11.
CF34-10E S/B 72-0067, Total Pages:    ALL....................               2  August 28, 2007.
 10.
----------------------------------------------------------------------------------------------------------------

    Issued in Burlington, Massachusetts, on February 15, 2008.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E8-3462 Filed 2-27-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: September 23, 2009 (Volume 74, Number 183)]
[Notices]
[Page 48544-48545]
[DOCID:fr23se09-57]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R05-OAR-2008-0235; FRL-8960-4]

Notice of Issuance of Part 71 Federal Operating Permit to Veolia
Environmental Services

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces that, on September 12, 2008, pursuant to
Title V of the Clean Air Act (CAA), EPA issued a Title V Permit to
Operate (Title V permit) to Veolia Environmental Services (Veolia).
This permit authorizes Veolia to operate its facility in Sauget,
Illinois. Veolia's Sauget facility is a treatment, storage and disposal
facility, which accepts offsite waste for further disposal through
incineration. Containers and bulk shipments of hazardous and solid
wastes are received, analyzed and transferred to temporary storage
facilities, processed and incinerated in one of three combustion units.

DATES: During the public comment period, which ended July 18, 2008, EPA
received comments on the draft Title V permit. EPA responded to the
comments and issued the final permit on September 12, 2008. No one
appealed the permit to the Environmental Appeals Board (EAB).
Therefore, in accordance with 40 CFR 71.11 the permit became effective
30 days after permit issuance, October 12, 2008.

ADDRESSES: The final signed permit is available for public inspection
online at http://www.regulations.gov, docket ID EPA-R05-OAR-2008-0235,
or during normal business hours at the following address: EPA, Region
5, 77 West Jackson Boulevard (AR-18J), Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Genevieve Damico, Environmental
Engineer, EPA, Region 5, 77 W. Jackson Boulevard (AR-18J), Chicago,
Illinois 60604,<PHONE_NUMBER>, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This supplemental information is organized
as follows:

A. What Is the Background Information?
B. What Is the Purpose of This Notice?

A. What Is the Background Information?

    Veolia (formerly Onyx Environmental Services) submitted to Illinois
Environmental Protection Agency (IEPA) on September 7, 1995, an
application for a Title V permit for its facility in Sauget, Illinois.
IEPA issued a draft Title V permit on June 6, 2003, and the public
comment period for the permit ended September 12, 2003. During the
public comment period, IEPA received comments on the draft permit. IEPA
revised the permit and submitted the proposed permit to EPA on November
6, 2003. EPA did not object to the proposed permit within its 45-day
review period, which ended December 21, 2003.
    On February 18, 2004, EPA received a petition from the Sierra Club
and American Bottom Conservancy requesting that EPA object to issuance
of the Veolia Title V permit, pursuant to Section 505(b)(2) of the CAA
and 40 CFR 70.8(d). On February 1, 2005, EPA issued an order granting
the petition in

part and denying it in part. Pursuant to 40 CFR 70.8(c), this action
started a 90-day period during which IEPA was required to issue a
revised Title V permit that addressed the issues raised in the February
1, 2005 order. IEPA did not issue the permit within the 90-day window.
The Sierra Club and the American Bottom Conservancy sued EPA, alleging
that EPA had a duty to issue the permit following the State of
Illinois' failure to timely issue the revised permit.
    On September 29, 2006, EPA announced its intent to issue or deny a
Federal Title V permit. Veolia submitted a Part 71 permit application
to EPA on May 2, 2007. EPA deemed the application administratively
complete on June 13, 2007. EPA issued a draft permit for public comment
on June 5, 2008, and held a public hearing on July 8, 2008. We received
both oral and written comment on the draft permit. We issued a final
permit on September 12, 2008, after considering all the comments we
received.
    On September 12, 2008, EPA notified by letter all parties that
participated in the public comment process of the issuance of the final
permit. The letter also explained the commenters' right to petition the
EAB to review any condition of the permit decision pursuant to 40 CFR
71.11(l)(1).

B. What Is the Purpose of This Notice?

    EPA is notifying the public of the issuance of the Title V permit
to Veolia on September 12, 2008. Pursuant to 40 CFR 71.11(l)(4),
because no one appealed the permit to the EAB following EPA's September
12, 2008, letter notification of the final permit, no one may seek
judicial review of this final Agency action. The permit became
effective on October 12, 2008.

    Dated: September 11, 2009.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E9-22907 Filed 9-22-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Notices]
[Page 21872]
[FR Doc No: 2020-08295]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4399-DR; Docket ID FEMA-2020-0001]

Florida; Amendment No. 12 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Florida (FEMA-4399-DR), dated October 11, 2018, and
related determinations.

DATES: This change occurred on April 1, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Brett Howard,
of FEMA is appointed to act as the Federal Coordinating Officer for
this disaster.
    This action terminates the appointment of Thomas J. McCool as
Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-08295 Filed 4-17-20; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10593-10595]
[FR Doc No: 2012-4008]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66403; File No. SR-EDGA-2012-05]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
an Offering of a New Historical Data Feed Service to Members and Non-
Members

February 15, 2012.
    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 February 10, 2012, EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The 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.
---------------------------------------------------------------------------

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

    The Exchange is filing with the U.S. Securities and Exchange
Commission (the ``Commission'') a proposed rule change to offer a new
historical data feed service (the ``Service'') to Members \3\ and non-
Members of the Exchange. In connection with the same, the Exchange is
proposing to amend its fee schedule applicable to Members and non-
Members of the Exchange pursuant to Exchange Rules 15.1(a) and (c). The
Exchange intends to implement the proposed rule change on February 13,
2012. The text of the proposed rule change is available on the
Exchange's Web site at www.directedge.com, at the Exchange's principal
office, and at the Public Reference Room of the Commission.
---------------------------------------------------------------------------

    \3\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
---------------------------------------------------------------------------

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 self-regulatory organization has prepared summaries,
set forth in Sections A, B and C below, of the most significant aspects
of such statements.

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

1. Purpose
    The Exchange proposes to begin offering a new Service, namely
EdgeBook Cloud, that will allow Members and non-Members of the Exchange
(collectively, referred to as purchasers (``Purchasers'') to obtain and
query historical trade and quote data (``historical data'')
representing the real-time data feed previously disseminated through
the EDGA Exchange book by the Exchange. The historical data service
will provide Purchasers with data in a user-friendly, flexible manner
for specified fees. Such Service will include the following three
separate offerings:
EdgeBook Cloud Replay
    The EdgeBook Cloud Replay offering will allow Members and non-
Members of the Exchange to download a Multicast or Unicast \4\
formatted replay of each trading day. The downloaded file will contain
the exact messages that were disseminated via the Exchange book feed
during the day requested, including any orders, executions,
cancellations and status messages. Purchasers of the offering will be
able to choose to obtain data grouped by different periods, including a
rolling thirty day subscription or a calendar month request of as many
months as desired. The initial launch of the service on February 13,
2012, will provide data from June 2011 until the present, with
additional releases offered thereafter to provide data from October
2010 to the present.
---------------------------------------------------------------------------

    \4\ In computer networking, multicast is the delivery of a
message or information to a group of destination computers
simultaneously in a single transmission from the source. Unicast
transmission is the sending of messages to a single network
destination identified by a unique address. For EdgeBook Cloud, the
protocol used is relevant in that the message formats vary between
the Unicast and Multicast disseminated feeds, and subscribers to the
Service may want to download historical data in the same format
currently used to receive the real-time market data feed.
---------------------------------------------------------------------------

    The Exchange is proposing to charge to Purchasers a fee of $500/
month for the rolling thirty day replay \5\ and, for a calendar month
request, the Exchange is proposing to charge $500/month requested with
a cap of $2500 if less than or equal to 1TB of data is requested. If a
Purchaser requests more than 1TB of data, it will be charged an
additional $2500 flat fee.\6\
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    \5\ There is no physical delivery associated with this
particular EdgeBook Cloud Replay offering and, thus, no delivery
charges will apply to it.
    \6\ Although the size of the dataset can vary from day to day
based on market activity, the average size per day is 3.5GB, and the
data is then compressed to roughly 25% of that size, or .88GB, based
on the compression technique chosen by the Purchaser. The compressed
data size is used for evaluating appropriate fees.
---------------------------------------------------------------------------

EdgeBook Cloud FlexDownload
    Purchasers of the EdgeBook Cloud FlexDownload (``FlexDownload'')
offering will be able to submit customized queries of trade or quote
information for EDGA, and will be able to specify the time and symbol
parameters, as well as other attributes to be retrieved. The requested
data will be presented in a text file that can be easily imported into
any tool for analysis. FlexDownload is a subscription-based offering
that permits the Purchaser to choose a subscription level depending on
the amount of data (in gigabytes) it estimates that it will download on
a monthly basis. If a Purchaser downloads more data than is included in
the subscription, an overage charge will be assessed for each
additional gigabyte of data downloaded in that month.
    Specifically, the Exchange is proposing to charge $750/month for up
to and including 200GB of data, $1500/month for greater than 200GB of
data but less than or equal to 800GB of data, and $2500/month for
greater than 800GB but less than or equal to 1TB of data. For the first
two levels ($750 and $1500/month for FlexDownload), the Exchange is
proposing to charge a $5/GB overage charge for any overage beyond paid
subscription. For the third level ($2500/month), the Exchange is
proposing to charge a $3/GB overage charge beyond the paid subscription
level.
EdgeBook Cloud Snapshot
    The EdgeBook Cloud Snapshot offering \7\ will provide standard
queries that can be accessed on-demand directly by a user, or through
an Application Programming Interface (``API'') \8\ that permits query
results to be downloaded into a Purchaser's database or displayed on
their Web site. Standard queries include various quote and trade
requests, as well as a combined quote and trade view for a requested
symbol. The offering is subscription-based; the subscription level will
be determined

based on the number of ``Hits'' \9\ a Purchaser will use within the
month. The number of Hits can increase based on the number of days or
the Activity Level \10\ of the security. The Activity Level is high,
medium or low, based on the average quotes and trades per day (reviewed
over a three month period), and relates to a multiplier that increases
Hit quantity. For example, if a Purchaser queries a symbol for two
days, the Purchaser would be charged for two days (or two Hits)
multiplied by a high Activity Level of three, for a total of six Hits.
If a Purchaser uses more Hits than subscribed to for two consecutive
months, the Purchaser's subscription will be automatically upgraded to
the next level for the upcoming month. However, the Purchaser will be
able, at any time, to request a downgrade or upgrade to any other
subscription level.
---------------------------------------------------------------------------

    \7\ There are no physical deliveries associated with any of the
EdgeBook Cloud Snapshot offerings and, thus, no delivery charges
will apply to them.
    \8\ An API facilitates information sharing by acting as a ``go-
between'' that enables a software program to interact with other
software.
    \9\ A Hit is defined as a query for a symbol/day.
    \10\ An Activity Level is a multiplier that is related to the
total quantity of quotes and trades, on the Exchange, of a given
security relative to the quantity of quotes and trades of all other
securities trading on the Exchange. Activity Levels are High (3),
Medium (2), or Low (1), and are determined on a monthly basis
pursuant to a review of the previous three month's activity for the
security. For a security to be considered Level 1, the combined
quotes and trades on the Exchange must be less than .05% of the
total quantity of quotes and trades on the Exchange for the calendar
month. For a Level 2 security, the combined quotes and trades on the
Exchange must be greater than .05% and less than .25% of the total
for the calendar month. Finally, for a Level 3 security, the
combined quotes and trades on the Exchange must be greater than .25%
of the total for the calendar month. The security Activity Levels
for each of the three previous months are then averaged to create
the final Activity Level multiplier for the security. Direct Edge
will notify Purchasers in advance of any changes to the percentage
bands. Activity Levels are posted on the EdgeBook Cloud Web site so
Purchasers may determine their potential costs for requesting data
prior to doing so.
---------------------------------------------------------------------------

    As described in the Exchange's fee schedule, the Exchange is
proposing to charge $100 per 500 Hits per month, $250/2,500 Hits per
month, $500/10,000 Hits/month, $750/50,000 Hits per month, and $1,000
per 250,000 Hits/month.
    Historical data can be used to support many applications, including
financial market research and analysis, back-testing of new trading
strategies to gauge effectiveness, and quality control checks of
changes to trading or data dissemination software. The Exchange
proposes to make the Service readily available to its Members and non-
Members to download historical data through secure Internet
connections. To compensate the Exchange for the costs of storage and
data dissemination associated with providing the Service, the Exchange
proposes to charge users monthly fees for the ability to download and
query the historical data. The proposed fees vary based on the type of
offering provided, as set forth in Exhibit 5, and as described above.
Furthermore, historical data can be retrieved in many forms, including
an FTP download, a distribution to an Amazon S3 account or, for some of
the subscription levels, a delivery of an external disk drive through
postal mail and, if the Purchaser requests external disk drive
delivery, it will be charged at cost for the media and the delivery
charge. All such fees and costs relate to the provision of the Service
offerings, i.e., the ability to query the historical data in the
manners offered. The data itself remains available at no cost to
Members and non-Members of the Exchange.
Additional Discussion Regarding the Proposed Historical Data Services
    In adopting Regulation NMS, the Commission granted self-regulatory
organizations (``SROs'') and broker-dealers increased authority and
flexibility to offer new and unique market data services to the public.
The Commission believed this authority would expand the amount of data
available to consumers, and also spur innovation and competition for
the provision of market data. EdgeBook Cloud appears to be precisely
the sort of market data service that the Commission envisioned when it
adopted Regulation NMS. The Service will offer Exchange-specific data
in a new form not previously available to market data consumers, yet in
a manner similar to that provided by other market centers.\11\ It will
allow market participants to purchase a Service that may be used to
query historical data from the Exchange while at the same time enabling
the Exchange to better cover its infrastructure costs and to improve
its market technology and services. Finally, EdgeBook Cloud will better
enable market participants to conduct Exchange-specific analyses to
meet their needs.
---------------------------------------------------------------------------

    \11\ See infra, footnote 14.
---------------------------------------------------------------------------

    The Exchange intends to implement the proposed rule change on
February 13, 2012.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act in general and furthers the
objectives of Section 6(b)(4) \12\ in particular, as it is designed to
provide for the equitable allocation of reasonable dues, fees and other
charges among Members and non-Members using its facilities. First, the
Service is optional and fees charged for the Service will be the same
for both Members and non-Members. Second, the Service will be provided
in a variety of packages, including on an ongoing or an as-needed
basis, intended to allow purchase of such access in the manner that
best meets the needs of, and is most cost efficient for, the Purchaser.
The fees reflect the differing offerings that any Purchaser may choose.
In addition, higher fees are associated with increasing amounts of data
(i.e., more gigabytes) requested by the Purchaser of the Service or
more hits/month, depending on the Service, as described above, as
increasing amounts of data requested require the Exchange to utilize
more infrastructure/storage to accommodate the Purchaser's requests.
Further, to the extent subscribers do subscribe to/purchase the
Service, they will avoid the costs of storing the data themselves.\13\
Third, the revenue generated by the Service will pay for the
development, marketing, technical infrastructure and operating costs of
an important tool for market participants and researchers to use for
purposes of analysis and testing. Profits generated above these costs
will help offset the costs that the Exchange incurs in operating and
regulating a highly efficient and reliable platform for the trading of
U.S. equities. This increased revenue stream will allow the Exchange to
offer an innovative Service at a reasonable rate, consistent with other
SROs who provide market data products.\14\
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    \12\ 15 U.S.C. 78f(b)(4).
    \13\ The Exchange notes that this statement is in no way
intended to relieve Purchasers of their obligations with respect to
maintaining books and records pursuant to applicable securities
laws.
    \14\ See Nasdaq Rule 7022. See also www.nyxdata.com for
information regarding NYSE OpenBook History and ArcaBook FTP,
historical data products offered by the NYSE and NYSE Arca,
respectively. See also Securities Exchange Act Release No. 55790
(May 21, 2007), 72 FR 29565 (May 29, 2007) (SR-NASDAQ-2007-039). See
also Securities Exchange Act Release No. 52112 (July 22, 2005), 70
FR 43917 (July 29, 2005) (SR-NASD-2005-060). See also Securities
Exchange Act Release No. 63351 (Nov. 19, 2010), 75 FR 73140 (Nov.
29, 2010) (SR-Phlx-2011-154). See also Securities Exchange Act
Release No. 61885 (Apr. 9, 2010), 75 FR 20018 (Apr. 16, 2010) (SR-
BATS-2010-002) (order approving proposed rule change to offer
certain BATS Exchange Data Products).
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    The Exchange also believes that the proposed fees are consistent
with Section 6(b)(5) of the Act,\15\ which requires, among other
things, that the Exchange's rules not be designed to unfairly
discriminate between customers, issuers, brokers or dealers.
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    \15\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the fees proposed for the Service are
equitable because the Service is purely optional and because the data
itself can be obtained at no cost whether or not a

Member or non-Member subscribes to the Service.\16\ Purchase of the
Service is not a prerequisite for participation on the Exchange, nor is
membership to the Exchange a prerequisite to purchase of the Service.
Only those Purchasers that deem the product to be of sufficient overall
value and usefulness will purchase it. Moreover, the fees will apply
uniformly to all Purchasers of the Service irrespective of whether the
Purchaser is a Member of the Exchange.
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    \16\ On a daily basis, a real-time data feed is disseminated by
the Exchange. Members and non-Members of the Exchange can opt to
gather such data and use it to create an historical record
themselves rather than subscribe to the Service for the purpose of
obtaining and querying historical data.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not 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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \17\ and Rule 19b-
4(f)(6) thereunder.\18\
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied the five-day prefiling requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because the proposal will give Purchasers the ability to
better organize and sort historical trade and quote data and is
substantially similar to those of other exchanges.\19\ Further, waiver
of the operative delay would provide access to historical trade and
quote data without delay. Therefore, the Commission designates the
proposal operative upon filing.\20\
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    \19\ See supra note 14.
    \20\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-EDGA-2012-05 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-EDGA-2012-05. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
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-EDGA-2012-05 and should be
submitted on or before March 14, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-4008 Filed 2-21-12; 8:45 am]
BILLING CODE 8011-01-P