[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Proposed Rules]
[Pages 26387-26389]
[FR Doc No: 2018-12227]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0517; Product Identifier 2017-SW-098-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters Deutschland GmbH
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model MBB-BK
117 C-2 and MBB-BK 117 D-2 helicopters. This proposed AD would require
altering and re-identifying the overhead panel shock mount assembly
(shock mount). This proposed AD is prompted by the manufacturer's
stress recalculations. The actions of this proposed AD are intended to
correct an unsafe condition on these products.

DATES: We must receive comments on this proposed AD by August 6, 2018.

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

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0517; 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 proposed AD, the European Aviation Safety Agency (EASA) AD, the
economic evaluation, any comments received, and other information. The
street address for Docket Operations (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
    For service information identified in this proposed rule, contact
Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html. You may review the referenced service information at
the FAA, Office of the Regional Counsel, Southwest Region, 10101
Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD No. 2017-0026, dated February 14,
2017, to correct an unsafe condition for Airbus Helicopters Model MBB-
BK 117 C-2, MBB-BK117 C-2e, MBB-BK 117 D-2, and MBB-BK117 D-2m
helicopters. EASA advises that a recent stress calculation identified
that the shock mount may not withstand certification crash loads. EASA
states that this condition, if not corrected, could lead to the
overhead panel disconnecting during an emergency landing and injuring
occupants. Accordingly, the EASA AD requires modifying and re-
identifying the shock mounts.

FAA's Determination

    These helicopters have been approved by the aviation authority of
Germany and are approved for operation in the United States. Pursuant
to our bilateral agreement with Germany, EASA, its technical
representative, has notified us of the unsafe condition described in
its AD. We are proposing this AD because we evaluated all known
relevant information and determined that an unsafe condition is likely
to exist or develop on other products of the same type design.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Helicopters Alert Service Bulletin (ASB) MBB-
BK117 C-2-24A-015 for Model MBB-BK117 C-2 helicopters and ASB MBB-BK117
D-2-24A-004 for Model MBB-BK117 D[hyphen]2 helicopters, both Revision 0
and dated September 14, 2016. This service information contains
procedures for altering the shock mounts by installing retaining plates
and re-identifying the shock mounts by changing the last three digits
of the part number (P/N) to -966.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Proposed AD Requirements

    This proposed AD would require installing a retaining plate on the
shock mount and re-identifying the shock mount by changing the last
three digits of the P/N to -966.
    This proposed AD would also prohibit installing shock mount P/N
B246M2035102 and P/N B246M2036101 on any helicopter.

Differences Between This Proposed AD and the EASA AD

    The EASA AD applies to Model MBB-BK117 D-2m helicopters, whereas
this proposed AD would not since the Model MBB-BK117 D-2m is not FAA
type-certificated. This proposed AD would also not include the Model
MBB-BK117 C-2(e) in the applicability section because it is a marketing
designation and not an FAA type-certificated model. However, this
proposed AD would apply to those helicopters, as they are Model MBB-
BK117 C-2 helicopters. The EASA AD specifies particular helicopter
serial numbers (S/Ns) that may not be required to complete some of the
requirements of the AD since the specified S/Ns were manufactured with
shock mounts not affected by the unsafe condition. This proposed AD
does not specify particular S/Ns.

Costs of Compliance

    We estimate that this proposed AD would affect 144 helicopters of
U.S. Registry. We estimate that operators may incur the following costs
in order to comply with this AD. Labor costs are estimated at $85 per
work-hour.
    Installing retaining plates and re-identifying the four shock
mounts would take about 3 work-hours and parts would cost about $184
for a total estimated cost of $439 per helicopter and $63,216 for the
U.S. fleet.
    According to Airbus Helicopter's service information, some of the
costs of this proposed AD may be covered under warranty, thereby
reducing the cost impact on affected individuals. We do not control
warranty coverage by Airbus. Accordingly, we have included all costs in
our cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus Helicopters Deutschland GmbH: Docket No. FAA-2018-0517;
Product Identifier 2017-SW-098-AD.

(a) Applicability

    This AD applies to Model MBB-BK 117 C-2 and Model MBB-BK 117 D-2
helicopters, certificated in any category, with an overhead panel
shock mount assembly part number (P/N) B246M2035102 or P/N
B246M2036101 installed.
    Note 1 to paragraph (a) of this AD: Helicopters with an MBB-
BK117 C-2e designation are Model MBB-BK117 C-2 helicopters.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of an overhead
panel shock mount assembly (shock mount). This condition could
result in detachment of the overhead panel and injury to occupants
during an emergency landing.

(c) Comments Due Date

    We must receive comments by August 6, 2018.

(d) Compliance

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

(e) Required Actions

    (1) Within 300 hours time-in-service:
    (i) Install a retaining plate on each shock mount by following
the Accomplishment Instructions, paragraphs 3.B.2.1. through
3.B.2.4, of Airbus Helicopters Alert Service Bulletin (ASB) MBB-
BK117 C-2-24A-015, Revision 0, dated September 14, 2016 (ASB MBB-
BK117 C-2-24A-015), or ASB MBB-BK117 D-2-24A-004, Revision 0, dated
September 14, 2016 (ASB MBB-BK117 D-2-24A-004), as applicable to
your model helicopter.
    (ii) Re-identify shock mount P/N B246M2035102 as P/N
B246M2035966 and shock mount P/N B246M2036101 as P/N B246M2036966
using permanent ink. When the ink is dry, apply varnish over the P/
N.
    (iii) Re-install each shock mount.
    (2) After the effective date of this AD, do not install a shock
mount P/N B246M2035102 or P/N B246M2036101 on any helicopter.

(f) Alternative Methods of Compliance (AMOCs)

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

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (EASA) AD No. 2017-0026, dated February 14, 2017. You may
view the EASA AD on the internet at http://www.regulations.gov in
the AD Docket.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 2400, Electrical
Power System.

    Issued in Fort Worth, Texas, on May 31, 2018.
James A. Grigg,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2018-12227 Filed 6-6-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Notices]
[Pages 1101-1103]
[FR Doc No: 2012-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66082; File No. SR-C2-2011-041]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend the Fees Schedule With Respect to Public Customer Maker/Taker
Fee (Rebate) and Connectivity Charges

January 3, 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 December 20, 2011, the C2 Options Exchange, Incorporated
(``Exchange'' or ``C2'') 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. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    C2 proposes to amend its Fees Schedule. The text of the proposed
rule change is available on the Exchange's Web site (http://www.cboe.org/legal), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule. First, the
Exchange proposes to amend its Maker and Taker fees and rebates with
regards to Public Customer complex orders. Currently, the Exchange
provides a Maker rebate of $0.25 per contract for such orders, and
assesses no Taker fee. However, for competitive reasons, the Exchange
desires to offer improved pricing for Public Customer complex orders.
The International Securities Exchange, LLC (``ISE'') provides rebates
of $0.30 per contract for both Makers and Takers for complex orders
that trade with non-customer orders in select high-volume, competitive
classes.\3\ The Exchange hereby proposes to provide a rebate of $0.35
per contract for both Makers and Takers for complex orders, regardless
of with whom such orders trade. By providing a higher rebate, and not
limiting with whom such orders can trade nor in which classes the new
rebates apply, the Exchange intends to attract a higher volume of
customer trades and thereby provide other market participants with
higher liquidity and greater trading opportunities.
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    \3\ See ISE Fee Schedule, page 18 (footnote 3).
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    The Exchange also proposes to increase the fees charged for access
to a Network Access Port (1 Gigabyte) to $500 per month for regular
access and $1000 per month for Sponsored User access. The Exchange
recently made a sizable investment to upgrade the equipment involved in
the Network Access Port, and thereby proposes to increase the fees in
order to recoup such costs and maintain such equipment in the future.
The Exchange currently charges a different rate for regular access and
Sponsored User access, and merely proposes to increase the rates in
equal proportion. Moreover, this change in Network Access Port fees is
in line with the amounts assessed for similar access at other
exchanges. ISE assesses a fee of $500 for network access up to and
including 1 gigabyte.\4\ Chicago Board Options Exchange, Incorporated
(``CBOE'') also recently submitted a proposed rule change to increase
the fees charged for access to a Network Access Port (1 Gigabyte) to
$500 per

month for regular access and $1000 per month for Sponsored User
access.\5\
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    \4\ See ISE Schedule of Fees, page 9.
    \5\ See SR-CBOE-2011-121.
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    The Exchange also proposes to increase the fees charged for a CMI
Login ID and FIX Login ID to $500 per month for regular access and
$1000 per month for Sponsored User access. Firms may access C2 via
either a CMI Client Application Server or a FIX Port, depending on how
their systems are configured. As with the Network Access Port, the
Exchange recently made a sizable investment to upgrade the equipment
involved in the CMI Client Application Servers and FIX Ports, and
thereby proposes to increase the fees in order to recoup such costs and
maintain such equipment in the future. Moreover, these changes are in
line with amounts assessed for connectivity at other exchanges. ISE
assesses a FIX fee of $1200 for a minimum of two monthly login IDs (so,
$600 for one), or a fee of $2,400 for a higher-volume user.\6\ The
NASDAQ Stock Market LLC's Options Market (``NOM'') assesses a fee of
$500 per FIX port per month, as well.\7\ CBOE also recently submitted a
proposed rule change proposes to increase the fees charged for a CMI
Login ID and FIX Login ID to $500 per month for regular access and
$1000 per month for Sponsored User access.\8\ Regarding the Sponsored
User fees, the Exchange currently charges a different rate for regular
access and Sponsored User access, and merely proposes to increase the
rates in equal proportion.
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    \6\ See ISE Schedule of Fees, page 8 and SR-CBOE-2011-121.
    \7\ See NOM Rule 7053.
    \8\ See SR-CBOE-2011-121.
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    The proposed changes are to take effect January 1, 2012.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\9\ in general, and furthers the objectives of Section 6(b)(4) \10\
of the Act in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
Trading Permit Holders and other persons using Exchange facilities. The
proposed change to increase the Maker and Taker rebates for Public
Customer complex orders is reasonable because Public Customers will now
be receiving a higher rebate than previously. This proposed change is
equitable and not unfairly discriminatory because offering a greater
rebate for such orders will attract more customer trading volume to the
Exchange, and this greater volume and liquidity will benefit all market
participants, including those non-Public Customer market participants
who will now have more opportunities to trade with Public Customer
orders. Further, this proposed change is in line with, and even more
competitive than, the proposed fees on ISE for similar
transactions.\11\
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4).
    \11\ See ISE Schedule of Fees, page 18.
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    The proposed change to increase the Network Access Port fees is
reasonable because the fees are within the same range as those assessed
on other exchanges,\12\ and because such increase will assist in
recouping expenditures recently made by the Exchange to upgrade the
connectivity equipment. This proposed change is equitable and not
unfairly discriminatory because the fees, as before, will be assessed
to all market participants. The proposed changes to increase the fees
assessed for CMI Login IDs and FIX Login IDs are also reasonable
because such fees are within the same range as those assessed on other
exchanges,\13\ and because such increases will assist in recouping
expenditures recently made by the Exchange to upgrade the connectivity
equipment. This proposed change is equitable and not unfairly
discriminatory because the fees, as before, will be assessed to all
market participants. Assessing higher fees for Sponsored Users is
equitable and not unfairly discriminatory because Sponsored Users are
able to access the Exchange and use the equipment provided without
purchasing a trading permit. As such, Trading Permit Holders who have
purchased a trading permit will have a higher level of commitment to
transacting business on the Exchange and using Exchange facilities than
Sponsored Users.
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    \12\ See ISE Schedule of Fees, page 9.
    \13\ See ISE Schedule of Fees, page 8 and NOM Rule 7053 and also
SR-CBOE-2011-121.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    C2 does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The proposed rule change is designated by the Exchange as
establishing or changing a due, fee, or other charge, thereby
qualifying for effectiveness on filing pursuant to Section 19(b)(3)(A)
of the Act \14\ and subparagraph (f)(2) of Rule 19b-4 \15\ thereunder.
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.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(2).
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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-C2-2011-041 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-C2-2011-041. 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 such 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-C2-2011-041 and should be
submitted on or before January 30, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-97 Filed 1-6-12; 8:45 am]
BILLING CODE 8011-01-P


From:
Cornelius, Jay<EMAIL_ADDRESS>Sent:
Tuesday, August 16, 2022 12:08 PM
To:
Jones, DonnaLee<EMAIL_ADDRESS>Cc:
Freeman, Caroline<EMAIL_ADDRESS>French, Chuck<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>David Ailor<EMAIL_ADDRESS>Subject:
Coke Oven RTR, ICR Enclosure 2 (Part) - Test Plan/Fugitive Monitoring Plan - ABC Coke, Tarrant

Dr. Jones,

Attached please find ABC Coke's Draft Test Plan in response to CAA Section 114 request, ICR for Coke Ovens RTR, Enclosure 2, Section 1.7.  Also included is a Draft Fugitive Monitoring Plan (including Quality Manual and SOPs), and QAPP prepared by our subcontractor, Alliance, detailing the proposed approach for the fenceline and interior monitoring at our facility in Tarrant, AL.

Some of these documents remain in DRAFT due to the limited time allotted for their development and the likely need to finalize the plan prior to implementation.  It is important to note that at this point, the challenge of supplying reliable power to remote fenceline monitoring stations nearly a half-mile from the plant is unresolved.  The installation of temporary power poles/lines to these stations is a substantial effort and neither ABC nor our consultants have come up with an acceptable and reasonable solution.  A simple option is to use alternative air sampling methods that do not require power.  Another significant yet unresolved concern is the security of sampling devices positioned at the ABC property boundary, but away from the plant proper and/or outside the security fence.  To date, dependable measures to deter theft/tampering of the devices and disrupting sample collection has not been developed.  Lacking viable solutions to these issues, the monitoring approach/methodology proposed in these draft documents may require revision to include acceptable alternatives.

Regards,

Jay Cornelius
Manager  -  Environmental Control

Office:<PHONE_NUMBER>
<EMAIL_ADDRESS>

<< ABC Coke Test Plan-DRAFT.pdf >>
<< ABC Coke-Birmingham_Draft Fugitive Monitoring Plan_081222 (003).pdf >>
<< ABC Coke-Birmingham_Figures 1 and 2_Draft_081222.pdf >>
<< ABC Coke-Birmingham_Draft Quality Assurance Procedure Plan_Draft_081222.pdf >>
<< ABC Coke-Birmingham_Attachment 1. SGS Quality Manual Rev 28 May 20 2022.pdf >>
<< ABC Coke-Birmingham_Attachment 1. SGS SOPs.pdf >>


[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53549-53551]
[FR Doc No: 2017-24781]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82049; File Nos. SR-BatsBYX-2017-11; SR-BatsBZX-2017-
38; SR-BatsEDGA-2017-13; SR-BatsEDGX-2017-22; SR-BOX-2017-16; SR-BX-
2017-023; SR-C2-2017-017; SR-CBOE-2017-040; SR-CHX-2017-08; SR-FINRA-
2017-011; SR-GEMX-2017-17; SR-IEX-2017-16; SR-ISE-2017-45; SR-MIAX-
2017-18; SR-MRX-2017-04; SR-NASDAQ-2017-046; SR-NYSE-2017-22; SR-
NYSEArca-2017-52; SR-NYSEMKT-2017-26; SR-PEARL-2017-20; SR-PHLX-2017-
37]

Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Bats BZX
Exchange, Inc.; Bats EDGA Exchange, Inc.; Bats EDGX Exchange, Inc.; BOX
Options Exchange LLC; C2 Options Exchange, Incorporated; Chicago Board
Options Exchange, Incorporated; Chicago Stock Exchange, Inc.; Financial
Industry Regulatory Authority, Inc.; Investors Exchange LLC; Miami
International Securities Exchange, LLC; MIAX PEARL LLC; Nasdaq BX,
Inc.; Nasdaq GEMX, LLC; Nasdaq ISE, LLC; Nasdaq MRX, LLC; Nasdaq PHLX
LLC; The Nasdaq Stock Market LLC; New York Stock Exchange LLC; NYSE
Arca, Inc. and NYSE MKT LLC; Notice of Designation of Longer Period for
Commission Action on Proceedings To Determine Whether To Approve or
Disapprove Proposed Rule Changes To Establish Fees for Industry Members
To Fund the Consolidated Audit Trail

November 9, 2017.

    On May 1, 2017,\1\ May 2, 2017,\2\ May 3, 2017,\3\ May 8, 2017,\4\
May 9, 2017,\5\ May 10, 2017,\6\ May 12, 2017,\7\ May 15, 2017,\8\ May
16, 2017,\9\ and May 23, 2017,\10\ Bats BYX Exchange, Inc. (``Bats
BYX'') (n/k/a Cboe BYX Exchange, Inc.),\11\ Bats BZX Exchange, Inc.
(``Bats BZX'') (n/k/a Cboe BZX Exchange, Inc.),\12\ Bats EDGA Exchange,
Inc. (``Bats EDGA'') (n/k/a Cboe EDGA Exchange, Inc.),\13\ Bats EDGX
Exchange, Inc. (``Bats EDGX'') (n/k/a Cboe EDGX Exchange, Inc.),\14\
BOX Options Exchange LLC (``BOX''), C2 Options Exchange, Incorporated
(``C2'') (n/k/a Cboe C2 Options Exchange, Inc.),\15\ Chicago Board
Options Exchange, Incorporated (``CBOE'') (n/k/a Cboe Exchange,
Inc.),\16\ Chicago Stock Exchange, Inc. (``CHX''), Financial Industry
Regulatory Authority, Inc. (``FINRA''), Investors Exchange LLC
(``IEX''), Nasdaq ISE, LLC (``ISE''), Miami International Securities
Exchange, LLC (``MIAX''), MIAX PEARL, LLC (``PEARL''), Nasdaq BX, Inc.
(``BX''), Nasdaq GEMX, LLC (``GEMX''), Nasdaq MRX, LLC (``MRX''),
Nasdaq PHLX LLC (``Phlx''), The Nasdaq Stock Market LLC (``Nasdaq''),
New York Stock Exchange LLC (``NYSE''), NYSE Arca, Inc. (``NYSE Arca'')
and NYSE MKT LLC (``NYSE

MKT'') (n/k/a NYSE American LLC) \17\ (collectively, the
``Participants'') filed with the Securities and Exchange Commission
(the ``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \18\ and Rule 19b-4 thereunder,\19\
proposed rule changes to adopt fees to be charged to Industry Members
to fund the consolidated audit trail (``CAT'').\20\ The proposed rule
changes were immediately effective upon filing with the Commission
pursuant to Section 19(b)(3)(A) of the Act.\21\ The proposed rule
changes submitted by MIAX and PEARL were published for comment in the
Federal Register on May 19, 2017.\22\ The proposed rule changes
submitted by BX, CHX, IEX, Nasdaq, NYSE, NYSE Arca and NYSE MKT were
published for comment in the Federal Register on May 22, 2017.\23\ The
proposed rule change submitted by FINRA was published for comment in
the Federal Register on May 23, 2017.\24\ The proposed rule changes
submitted by BOX, GEMX, ISE, MRX and Phlx were published for comment in
the Federal Register on May 24, 2017.\25\ The proposed rule changes
submitted by C2, CBOE and Bats EDGA were published for comment in the
Federal Register on June 1, 2017.\26\ The proposed rule change
submitted by Bats BYX was published for comment in the Federal Register
on June 5, 2017.\27\ The proposed rule changes submitted by Bats BZX
and Bats EDGX were published for comment in the Federal Register on
June 6, 2017.\28\ The Commission received seven comment letters on the
proposed rule change,\29\ and a response to comments from the
Participants.\30\ On June 30, 2017, the Commission temporarily
suspended and initiated proceedings to determine whether to approve or
disapprove the proposed rule changes.\31\ The Commission thereafter
received seven comment letters,\32\ and a response to comments from the
Participants.\33\ NYSE, NYSE Arca and NYSE MKT filed Amendment No. 1 to
their proposed rule changes on October 25, 2017. IEX filed Amendment
No. 1 to its proposed rule change on October 31, 2017. On November 3,
2017, Bats BYX, Bats BZX, Bats EDGA, Bats EDGX, CBOE and C2 filed
Amendment No. 1 to their proposed rule changes. Nasdaq, BX, Phlx, ISE,
MRX, and GEMX filed Amendment No. 1 to their proposed rule changes on
November 6, 2017. On November 7, 2017, BOX, MIAX and PEARL filed
Amendment No. 1 to their proposed rule changes.
---------------------------------------------------------------------------

    \1\ Miami International Securities Exchange, LLC and MIAX PEARL
LLC filed their proposed rule changes on May 1, 2017.
    \2\ The Nasdaq Stock Market LLC and Nasdaq BX, Inc. filed their
proposed rule changes on May 2, 2017.
    \3\ Chicago Stock Exchange, Inc. filed its proposed rule change
on May 3, 2017.
    \4\ Financial Industry Regulatory Authority, Inc. filed its
proposed rule change on May 8, 2017.
    \5\ Investors Exchange LLC originally filed its proposed rule
change on May 3, 2017 under File No. SR-IEX-2017-13, and
subsequently withdrew that filing and filed a proposed rule change
on May 9, 2017.
    \6\ The New York Stock Exchange LLC, NYSE Arca, Inc. and NYSE
MKT LLC filed their proposed rule changes on May 10, 2017.
    \7\ Nasdaq GEMX LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC and Nasdaq
PHLX LLC originally filed their proposed rule changes on May 3, 2017
under File Nos. SR-GEMX-2017-11, SR-ISE-2017-40, SR-MRX-2017-03, and
SR-PHLX-2017-35, and subsequently withdrew those filings and filed
proposed rule changes on May 12, 2017.
    \8\ BOX Options Exchange LLC originally filed its proposed rule
change on May 11, 2017 under File No. SR-BOX-2017-15, and
subsequently withdrew that filing and filed a proposed rule change
on May 15, 2017.
    \9\ Bats BYX Exchange, Inc., C2 Options Exchange, Incorporated
and Chicago Board Options Exchange, Incorporated filed their
proposed rule changes on May 16, 2017. Bats EDGA Exchange, Inc.
originally filed its proposed rule change on May 5, 2017 under File
No. SR-BatsEDGA-2017-11, and subsequently withdrew that filing on
May 11, 2017 and filed a proposed rule change on May 16, 2017.
    \10\ Bats BZX Exchange, Inc. filed its proposed rule changes on
May 23, 2017. Bats EDGX Exchange, Inc. originally filed its proposed
rule change on May 5, 2017 under File No. SR-BatsEDGX-2017-20, and
subsequently withdrew that filing on May 10, 2017 and filed a
proposed rule change on May 23, 2017.
    \11\ See Securities Exchange Act Release No. 81952 (October 26,
2017), 82 FR 50725 (November 1, 2017). The name change was not yet
effective when Bats BYX filed SR-BatsBYX-2017-11.
    \12\ See Securities Exchange Act Release No. 81962 (October 26,
2017), 82 FR 50711 (November 1, 2017). The name change was not yet
effective when Bats BZX filed SR-BatsBZX-2017-38.
    \13\ See Securities Exchange Act Release No. 81957 (October 26,
2017), 82 FR 50716 (November 1, 2017). The name change was not yet
effective when Bats EDGA filed SR-BatsEDGA-2017-13.
    \14\ See Securities Exchange Act Release No. 81963 (October 26,
2017), 82 FR 50697 (November 1, 2017). The name change was not yet
effective when Bats EDGX filed SR-BatsEDGX-2017-22.
    \15\ See Securities Exchange Act Release No. 81979 (October 30,
2017), 82 FR 51317 (November 3, 2017). The name change was not yet
effective when C2 filed SR-C2-2017-017.
    \16\ See Securities Exchange Act Release No. 81981 (October 30,
2017), 82 FR 51309 (November 3, 2017). The name change was not yet
effective when CBOE filed SR-CBOE-2017-040.
    \17\ See Securities Exchange Act Release No. 80283 (March 21,
2017), 82 FR 15244 (March 27, 2017). The name change was not yet
effective when NYSE MKT filed SR-NYSEMKT-2017-26.
    \18\ 15 U.S.C. 78s(b)(1).
    \19\ 17 CFR 240.19b-4.
    \20\ See infra notes 22-28. The National Market System Plan
Governing the Consolidated Audit Trail (``CAT NMS Plan'') was
published for comment in the Federal Register on May 17, 2016, and
approved by the Commission, as modified, on November 15, 2016. See
Securities Exchange Act Release Nos. 77724 (April 27, 2016), 81 FR
30614 (May 17, 2016) (``CAT NMS Plan Notice''); 79318 (November 15,
2016), 81 FR 84696 (November 23, 2016) (``CAT NMS Plan Approval
Order'').
    \21\ 15 U.S.C. 78s(b)(3)(A). A proposed rule change may take
effect upon filing with the Commission if it is designated by the
exchange as ``establishing or changing a due, fee, or other charge
imposed by the self-regulatory organization on any person, whether
or not the person is a member of the self-regulatory organization.''
15 U.S.C. 78s(b)(3)(A)(ii).
    \22\ See Securities Exchange Act Release Nos. 80675 (May 15,
2017), 82 FR 23100 (May 19, 2017) (SR-MIAX-2017-18); and 80676 (May
15, 2017), 82 FR 23083 (May 19, 2017) (SR-PEARL-2017-20).
    \23\ See Securities Exchange Act Release Nos. 80697 (May 16,
2017), 82 FR 23398 (May 22, 2017) (SR-BX-2017-023); 80691 (May 16,
2017), 82 FR 23344 (May 22, 2017) (SR-CHX-2017-08); 80692 (May 16,
2017), 82 FR 23325 (May 22, 2017) (SR-IEX-2017-16); 80696 (May 16,
2017), 82 FR 23439 (May 22, 2017) (SR-NASDAQ-2017-046); 80693 (May
16, 2017), 82 FR 23363 (May 22, 2017) (SR-NYSE-2017-22); 80698 (May
16, 2017), 82 FR 23457 (May 22, 2017) (SR-NYSEArca-2017-52); and
80694 (May 16, 2017), 82 FR 23416 (May 22, 2017) (SR-NYSEMKT-2017-
26).
    \24\ See Securities Exchange Act Release No. 80710 (May 17,
2017), 82 FR 23639 (May 23, 2017) (SR-FINRA-2017-011).
    \25\ See Securities Exchange Act Release Nos. 80721 (May 18,
2017), 82 FR 23864 (May 24, 2017) (SR-BOX-2017-16); 80713 (May 18,
2017), 82 FR 23956 (May 24, 2017) (SR-GEMX-2017-17); 80715 (May 18,
2017), 82 FR 23895 (May 24, 2017) (SR-ISE-2017-45); 80726 (May 18,
2017), 82 FR 23915 (May 24, 2017) (SR-MRX-2017-04); and 80725 (May
18, 2017), 82 FR 23935 (May 24, 2017) (SR-PHLX-2017-37).
    \26\ See Securities Exchange Act Release Nos. 80786 (May 26,
2017), 82 FR 25474 (June 1, 2017) (SR-C2-2017-017); 80785 (May 26,
2017), 82 FR 25404 (June 1, 2017) (SR-CBOE-2017-040); and 80784 (May
26, 2017), 82 FR 25448 (June 1, 2017) (SR-BatsEDGA-2017-13).
    \27\ See Securities Exchange Act Release No. 80809 (May 30,
2017), 82 FR 25837 (June 5, 2017) (SR-BatsBYX-2017-11).
    \28\ See Securities Exchange Act Release Nos. 80822 (May 31,
2017), 82 FR 26148 (June 6, 2017) (SR-BatsBZX-2017-38); and 80821
(May 31, 2017), 82 FR 26177 (June 6, 2017) (SR-BatsEDGX-2017-22).
    \29\ Since the Participants' proposed rule changes to adopt fees
to be charged to Industry Members to fund the consolidated audit
trail are substantively identical, the Commission is considering all
comments received on the proposed rule changes regardless of the
comment file to which they were submitted. See Letter from Theodore
R. Lazo, Managing Director and Associate General Counsel, Securities
Industry and Financial Markets Association, to Brent J. Fields,
Secretary, Commission (dated June 6, 2017), available at: https://www.sec.gov/comments/sr-batsbzx-2017-38/batsbzx201738-1788188-153228.pdf; Letter from Patricia L. Cerny and Steven O'Malley,
Compliance Consultants, to Brent J. Fields, Secretary, Commission
(dated June 12, 2017), available at: https://www.sec.gov/comments/sr-cboe-2017-040/cboe2017040-1799253-153675.pdf; Letter from Daniel
Zinn, General Counsel, OTC Markets Group Inc., to Eduardo A. Aleman,
Assistant Secretary, Commission (dated June 13, 2017), available at:
https://www.sec.gov/comments/sr-finra-2017-011/finra2017011-1801717-153703.pdf; Letter from Joanna Mallers, Secretary, FIA Principal
Traders Group, to Brent J. Fields, Secretary, Commission (dated June
22, 2017), available at: https://www.sec.gov/comments/sr-cboe-2017-040/cboe2017040-1819670-154195.pdf; Letter from Stuart J. Kaswell,
Executive Vice President and Managing Director, General Counsel,
Managed Funds Association, to Brent J. Fields, Secretary, Commission
(dated June 23, 2017), available at: https://www.sec.gov/comments/sr-finra-2017-011/finra2017011-1822454-154283.pdf; and Letter from
Suzanne H. Shatto, Investor, to Commission (dated June 27, 2017),
available at: https:/www.sec.gov/comments/sr-batsedgx-2017-22/batsedgx201722-154443.pdf. The Commission also received a comment
letter which is not pertinent to these proposed rule changes. See
Letter from Christina Crouch, Smart Ltd., to Brent J. Fields,
Secretary, Commission (dated June 5, 2017), available at: htps://
www.sec.gov/comments/sr-batsbzx-2017-38/batsbzx201738-1785545-153152.htm.
    \30\ See Letter from CAT NMS Plan Participants to Brent J.
Fields, Secretary, Commission (dated June 29, 2017), available at:
https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-1832632-154584.pdf.
    \31\ See Securities Exchange Act Release No. 81067 (June 30,
2017), 82 FR 31656 (July 7, 2017).
    \32\ See Letter from W. Hardy Callcott, Partner, Sidley Austin
LLP, to Brent J. Fields, Secretary, Commission (dated July 27,
2017), available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2148338-157737.pdf; Letter from Kevin Coleman,
General Counsel and Chief Compliance Officer, Belvedere Trading LLC,
to Brent J. Fields, Secretary, Commission (dated July 28, 2017),
available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2148360-157740.pdf; Letter from Joanna Mallers,
Secretary, FIA Principal Traders Group, to Brent J. Fields,
Secretary, Commission (dated July 28, 2017), available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2151228-157745.pdf; Letter from Theodore R. Lazo, Managing Director and
Associate General Counsel, SIFMA, to Brent J. Fields, Secretary,
Commission (dated July 28, 2017), available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2150977-157744.pdf; Letter
from Stuart J. Kaswell, Executive Vice President and Managing
Director, General Counsel, Managed Funds Association, to Brent J.
Fields, Secretary, Commission (dated July 28, 2017), available at:
https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2150818-157743.pdf; Letter from John Kinahan, Chief Executive
Officer, Group One Trading, L.P., to Brent J. Fields, Secretary,
Commission (dated August 10, 2017), available at: https://www.sec.gov/comments/sr-finra-2017-011/finra2017011-2214568-160619.pdf; Letter from Joseph Molluso, Executive Vice President and
CFO, Virtu Financial, to Brent J. Fields, Commission (dated August
18, 2017), available at: https://www.sec.gov/comments/sr-finra-2017-011/finra2017011-2238648-160830.pdf.
    \33\ See Letter from Michael Simon, Chair, CAT NMS Plan
Operating Committee, to Brent J. Fields, Commission, Secretary
(dated November 2, 2017), available at https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2674608-161412.pdf.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \34\ provides that, after instituting
proceedings, the Commission shall issue an order approving or
disapproving a proposed rule change not later than 180 days after the
date of publication of notice of filing

of the proposed rule change.\35\ The Commission may, however, extend
the period for issuing an order approving or disapproving the proposed
rule change by not more than 60 days if the Commission determines that
a longer period is appropriate and publishes the reasons for such
determination.\36\ The 180th day for the proposed rule changes
published in the Federal Register on May 19, 2017,\37\ is November 15,
2017. The 180th day for the proposed rule changes published in the
Federal Register on May 22, 2017,\38\ is November 18, 2017. The 180th
day for the proposed rule change published in the Federal Register on
May 23, 2017,\39\ is November 19, 2017. The 180th day for the proposed
rule changes published in the Federal Register on May 24, 2017,\40\ is
November 20, 2017. The 180th day for the proposed rule changes
published in the Federal Register on June 1, 2017,\41\ is November 28,
2017. The 180th day for the proposed rule change published in the
Federal Register on June 5, 2017,\42\ is December 2, 2017. The 180th
day for the proposed rule changes published in the Federal Register on
June 6, 2017,\43\ is December 3, 2017.
---------------------------------------------------------------------------

    \34\ 15 U.S.C. 78s(b)(2).
    \35\ 15 U.S.C. 78s(b)(2)(B)(ii)(I).
    \36\ 15 U.S.C. 78s(b)(2)(B)(ii)(II)(aa).
    \37\ See supra note 22.
    \38\ See supra note 23.
    \39\ See supra note 24.
    \40\ See supra note 25.
    \41\ See supra note 26.
    \42\ See supra note 27.
    \43\ See supra note 28.
---------------------------------------------------------------------------

    The Commission is extending the 180-day time period for Commission
action on each of the proposed rule changes. The Commission finds it
appropriate to designate a longer period within which to issue an order
approving or disapproving the proposed rule changes so that it has
sufficient time to consider the proposed rule changes, the issues
raised in the comment letters that have been submitted in connection
therewith, the Participants' response to the comments, and the
amendments to the proposed rule changes.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\44\ designates January 14, 2018 as the date by which the
Commission shall either approve or disapprove the proposed rule changes
(File Nos. SR-BatsBYX-2017-11; SR-BatsBZX-2017-38; SR-BatsEDGA-2017-13;
SR-BatsEDGX-2017-22; SR-BOX-2017-16; SR-BX-2017-023; SR-C2-2017-017;
SR-CBOE-2017-040; SR-CHX-2017-08; SR-FINRA-2017-011; SR-GEMX-2017-17;
SR-IEX-2017-16; SR-ISE-2017-45; SR-MIAX-2017-18; SR-MRX-2017-04; SR-
NASDAQ-2017-046; SR-NYSE-2017-22; SR-NYSEArca-2017-52; SR-NYSEMKT-2017-
26; SR-PEARL-2017-20; SR-PHLX-2017-37).
---------------------------------------------------------------------------

    \44\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\45\
---------------------------------------------------------------------------

    \45\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-24781 Filed 11-15-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Proposed Rules]
[Pages 33660-33662]
[FR Doc No: 2022-11964]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0694; Airspace Docket No. 22-ACE-12]
RIN 2120-AA66

Proposed Amendment of Class D and Class E Airspace and
Establishment of Class E Airspace; Columbia, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class D and Class E airspace
and establish Class E airspace at Columbia, MO. The FAA is proposing
this action as the result of a biennial airspace review. The geographic
coordinates of the airport would also be updated to coincide with the
FAA's aeronautical database.

DATES: Comments must be received on or before July 18, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-0694/Airspace Docket No. 22-ACE-12 at the beginning of your
comments. You may also submit comments through the internet at https://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 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    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.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; 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 amend the Class D airspace, the Class E surface airspace,
and the Class E airspace extending upward from 700 feet above the
surface and establish Class E airspace designated as an extension to
Class D and Class E surface airspace at Columbia Regional Airport,
Columbia, MO, to support instrument flight rule operations at this
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. 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-2022-0694/
Airspace Docket No. 22-ACE-12.'' 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 https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://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 Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend 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 service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by:
    Amending the Class D airspace at Columbia Regional Airport,
Columbia, MO, by updating the geographic coordinates of the airport to
coincide with the FAA's aeronautical database; and replacing the
outdated terms ``Notice to Airmen'' with ``Notice to Air Missions'' and
``Airport/Facility Directory'' with ``Chart Supplement'';
    Amending the Class E surface airspace at Columbia Regional Airport
by updating the geographic coordinates of the airport to coincide with
the FAA's aeronautical database; and adding the missing part-time
language to the airspace legal description;
    Establishing Class E airspace designated as an extension to Class D
and Class E surface airspace at Columbia Regional Airport within 2.4
miles each side of the Columbia VOR/DME 019[deg] radial extending from
the 4.3-mile radius of the Columbia Regional Airport to 7 mile north of
the Columbia VOR/DME; and within 2 miles each side of the 315[deg]
bearing from the airport extending from the 4.3-mile radius of the
airport to 9.7 miles northwest of the airport;
    And amending the Class E airspace extending upward from 700 feet at
Columbia Regional Airport by removing the Columbia Regional Airport ILS
Localizer and the associated extensions from the airspace legal
description as they are no longer needed; adding an extension 2.4 miles
each side of the Columbia VOR/DME 019[deg] radial extending from the
6.8-mile radius of the airport to 7 miles north of the Columbia VOR/
DME; adding an extension 2 miles each side of the 315[deg] bearing from
the airport extending from the 6.8-mile radius of the airport to 10.7
miles northwest of the airport; adding an extension 2 miles each side
of the Columbia VOR/DME 333[deg] radial extending from the 6.8-mile
radius of the airport to 11.1 miles northwest of the airport; and
updating the geographic coordinates of the airport to coincide with the
FAA's aeronautical database.
    This action is necessary due to a biennial airspace review.
    Class D and E airspace designations are published in paragraphs
5000, 6002, 6004, and 6005, respectively, 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 D and E airspace
designations listed in this document will be published subsequently in
FAA Order JO 7400.11.
    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, 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 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 JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ACE MO D Columbia, MO [Amended]

Columbia Regional Airport, MO
    (Lat. 38[deg]49'04'' N, long. 92[deg]13'04'' W)

    That airspace extending upward from the surface to and including
3,400 feet MSL within a 4.3-mile radius of Columbia Regional
Airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Air Missions.
The effective dates and times will thereafter be continuously
published in the Chart Supplement.

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

ACE MO E2 Columbia, MO [Amended]

Columbia Regional Airport, MO
    (Lat. 38[deg]49'04'' N, long. 92[deg]13'04'' W)

    Within a 4.3-mile radius of Columbia Regional Airport. This
Class E airspace area is effective during the specific dates and
times established in advance by a Notice to Air Missions. The
effective dates and times will thereafter be continuously published
in the Chart Supplement.

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

* * * * *

ACE MO E4 Columbia, MO [Establish]

Columbia Regional Airport, MO
    (Lat. 38[deg]49'04'' N, long. 92[deg]13'04'' W)
Columbia VOR/DME
    (Lat. 38[deg]48'29'' N, long. 92[deg]13'06'' W)

    That airspace extending upward from the surface within 2.4 miles
each side of the Columbia VOR/DME 019[deg] radial extending from the
4.3-mile radius of the Columbia Regional Airport to 7 miles north of
the Columbia VOR/DME; and within 2 miles each side of the 315[deg]
bearing from the Columbia Regional Airport extending from the 4.3
mile radius of the airport to 9.7 miles northwest of the airport.

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

* * * * *

ACE MO E5 Columbia, MO [Amended]

Columbia Regional Airport, MO
    (Lat. 38[deg]49'04'' N, long. 92[deg]13'04'' W)
Columbia VOR/DME
    (Lat. 38[deg]48'29'' N, long. 92[deg]13'06'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile

radius of Columbia Regional Airport; and within 2.4 miles each side
of the Columbia VOR/DME 019[deg] radial extending from the 6.8-mile
radius of the Columbia Regional Airport to 7 miles north of the
Columbia VOR/DME; and within 2 miles each side of the 315[deg]
bearing from the Columbia Regional Airport extending from the 6.8-
mile radius of the airport to 10.7 miles northwest of the airport;
and within 2 miles each side of the Columbia VOR/DME 333[deg] radial
extending from the 6.8-mile radius of the Columbia Regional Airport
to 11.1 miles northwest of the airport.

    Issued in Fort Worth, Texas, on May 31, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-11964 Filed 6-2-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46311-46313]
[FR Doc No: 2021-17693]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0154; FMCSA-2013-0124; FMCSA-2014-0383; FMCSA-
2014-0385; FMCSA-2014-0386; FMCSA-2018-0138]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions for eight
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions are applicable on August 13, 2021. The exemptions
expire on August 13, 2023. Comments must be received on or before
September 17, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0154, Docket No. FMCSA-
2013-0124, Docket No. FMCSA-2014-0383, Docket No. FMCSA-2014-0385,
Docket No. FMCSA-2014-0386, or Docket No. FMCSA-2018-0138 using any of
the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2012-0154, FMCSA-2013-0124, FMCSA-2014-
0383, FMCSA-2014-0385, FMCSA-2014-0386, or FMCSA-2018-0138 in the
keyword box, and click ``Search.'' Next, sort the results by ``Posted
(Newer-Older),'' choose the first notice listed, and click on the
``Comment'' button. Follow the online instructions for submitting
comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through
Friday, except Federal holidays. If you have questions regarding
viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2012-0154, Docket No. FMCSA-2013-0124, Docket
No. FMCSA-2014-0383, Docket No. FMCSA-2014-0385, Docket No. FMCSA-2014-
0386, or Docket No. FMCSA-2018-0138), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov/, insert
the docket number, FMCSA-2012-0154, FMCSA-

2013-0124, FMCSA-2014-0383, FMCSA-2014-0385, FMCSA-2014-0386, or FMCSA-
2018-0138 in the keyword box, and click ``Search.'' Next, sort the
results by ``Posted (Newer-Older),'' choose the first notice listed,
click the ``Comment'' button, and type your comment into the text box
on the following screen. Choose whether you are submitting your comment
as an individual or on behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2012-0154, FMCSA-2013-0124, FMCSA-2014-0383, FMCSA-2014-
0385, FMCSA-2014-0386, or FMCSA-2018-0138 in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, and click ``Browse Comments.'' If you do not
have access to the internet, you may view the docket online by visiting
Dockets Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. 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
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).
    The eight individuals listed in this notice have requested renewal
of their exemptions from the hearing standard in Sec.  391.41(b)(11),
in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the
eight applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The eight drivers in this
notice remain in good standing with the Agency. In addition, for
Commercial Driver's License (CDL) holders, the Commercial Driver's
License Information System and the Motor Carrier Management Information
System are searched for crash and violation data. For non-CDL holders,
the Agency reviews the driving records from the State Driver's
Licensing Agency. These factors provide an adequate basis for
predicting each driver's ability to continue to safely operate a CMV in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each of these drivers for a period of 2 years is likely
to achieve a level of safety equal to that existing without the
exemption.
    As of August 13, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following eight individuals have satisfied the
renewal conditions for obtaining an exemption from the hearing
requirement in the FMCSRs for interstate CMV drivers:

Timothy Finley (CA)
Frankye Helbig (FL)
William Jones (MN)
Tommy Lynn, Jr. (AZ)
David Presley (TX)
Joseph Strassburg (SD)
Jason Swearington (TX)
Holly Cameron Wright (NC)

    The drivers were included in docket number FMCSA-2012-0154, FMCSA-
2013-0124, FMCSA-2014-0383, FMCSA-2014-0385, FMCSA-2014-0386, or FMCSA-
2018-0138. Their exemptions are applicable as of August 13, 2021 and
will expire on August 13, 2023.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in
Sec.  390.5; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and
(3) each driver prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing requirements. Each exemption will be valid for 2 years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1) The person fails to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136(e) and 31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or

regulation that conflicts with this exemption with respect to a person
operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the eight exemption applications,
FMCSA renews the exemptions of the aforementioned drivers from the
hearing requirement in Sec.  391.41(b)(11). In accordance with 49
U.S.C. 31136(e) and 31315(b), each exemption will be valid for two
years unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-17693 Filed 8-17-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 85, Number 62 (Tuesday, March 31, 2020)]
[Rules and Regulations]
[Pages 17742-17744]
[FR Doc No: 2020-06554]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0299; Project Identifier AD-2020-00247-E;
Amendment 39-21106; AD 2020-07-02]
RIN 2120-AA64

Airworthiness Directives; Pratt & Whitney Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Pratt & Whitney (PW) PW1519G, PW1521G, PW1521G-3, PW1521GA, PW1524G,
PW1524G-3, PW1525G, and PW1525G-3 model turbofan engines. This AD
requires the removal from service of certain electronic engine control
(EEC) full authority digital electronic control (FADEC) software and
the installation of a software version eligible for installation. This
AD was prompted by reports of four in-flight shutdowns (IFSDs) due to
failure of the low-pressure compressor (LPC) rotor 1 (R1) and by
subsequent findings of cracked LPC R1s during inspections. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective April 15, 2020.
    The FAA must receive comments on this AD by May 15, 2020.

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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Pratt & Whitney, 400 Main Street, East Hartford, CT 06118; phone: 800-
565-0140; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet:
https://fleetcare.pw.utc.com. You may view this service information at
the FAA, Engine and Propeller Standards 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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0299; 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 final rule, any comments received, and other information. The
street address for the Docket Operations is listed above. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kevin M. Clark, Aerospace Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA, 01803; phone:
781-238-7088; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA has received reports of four instances of IFSDs occurring
on the affected model turbofan engines since 2019.
    In response to the two IFSDs that occurred in July and September
2019, and in response to on-going investigations of these IFSDs, the
FAA issued AD 2019-19-11 (84 FR 50719, September 26, 2019), to perform
inspections of the LPC R1 to prevent failures. The FAA subsequently
superseded AD 2019-19-11, issuing AD 2019-21-11 (84 FR 57813, October
29, 2019) in response to another IFSD and to expand the population of
affected engines that needed inspection of the LPC R1. Since the
effective date of AD 2019-21-11, another IFSD occurred in February
2020. Analysis by the manufacturer determined that the LPC vane
schedules were putting the engine in a condition to experience an
acoustic resonance that damages the LPC R1, which then leads to LPC R1
failure. In response, the manufacturer updated the EEC FADEC software
to improve vane scheduling to avoid acoustic resonance.
    This condition, if not addressed, could result in uncontained
release of the LPC R1, damage to the engine, and damage to the
airplane. The FAA is issuing this AD to address the unsafe condition on
these products.

Related Service Information

    The FAA reviewed PW Service Bulletin (SB) PW1000G-A-73-00-0036-00A-
930A-D, Issue No. 002, dated March 4, 2020, and PW SB PW1000G-A-73-00-
0041-00A-930A-D, Issue No.001, dated March 4, 2020. These SBs describe
procedures for replacing or modifying the EEC FADEC software.

FAA's Determination

    The FAA is issuing this AD because it evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires the removal from service of certain EEC FADEC
software and the installation of a software version eligible for
installation.

Interim Action

    The FAA considers this AD interim action. The root cause of the LPC
R1 failures is still being investigated and the FAA will consider
further rulemaking depending on the results of the investigation.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary

to the public interest.'' Under this section, an agency, upon finding
good cause, may issue a final rule without seeking comment prior to the
rulemaking. Similarly, Section 553(d) of the APA authorizes agencies to
make rules effective in less than 30 days, upon a finding of good
cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule. In
addition to three failures of the LPC R1 installed on PW1500G model
turbofan engines occurring in 2019, an additional failure of the LPC R1
occurred on February 12, 2020. LPC rotor failures can release high-
energy debris from the engine and damage the airplane (see AC 39-8,
``Continued Airworthiness Assessments of Powerplant and Auxiliary Power
Unit Installations of Transport Category Airplanes,'' dated September
8, 2003).
    The failures of the LPC R1 occurred on engines that were shipped to
operators as spare engines and were not delivered installed on
aircraft. The failures occurred within 300 flight cycles (FCs) since
installation of the engine onto an aircraft. The manufacturer has
recommended that the new engine software be loaded into the engine as
soon as the engines are installed on an aircraft or within 15 FCs after
installation if the engine was installed onto an aircraft recently.
These engines are the highest risk for LPC R1 failures. The remainder
of the fleet is also at risk for LPC R1 failures and needs to have the
software upgraded within 90 days to prevent additional LPC R1 failures
and maintain an acceptable level of safety.
    The FAA considers these LPC R1 failures to be an urgent safety
issue, requiring immediate action involving replacement of the EEC
FADEC software. Accordingly, notice and opportunity for prior public
comment are impracticable and contrary to public interest pursuant to 5
U.S.C. 553(b)(3)(B). In addition, for the reasons stated above, the FAA
finds that good cause exists pursuant to 5 U.S.C. 553(d) for making
this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, the FAA invites you to send any written data, views,
or arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2020-
0299 and Project Identifier AD-2020-00247-E at the beginning of your
comments. The FAA specifically invites comments on the overall
regulatory, economic, environmental, and energy aspects of this final
rule. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
    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 FAA will also post a report summarizing each substantive
verbal contact received about this AD.

Confidential Business Information

    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 AD 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 AD, 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 AD. Submissions containing CBI should be
sent to Kevin M. Clark, Aerospace 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.

Regulatory Flexibility Act

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

Costs of Compliance

    The FAA estimates that this AD affects 58 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace EEC software..................  2 work-hours x $85 per                $0            $170          $9,860
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------

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

    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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2020-07-02 Pratt & Whitney: Amendment 39-21106; Docket No. FAA-2020-
0299; Project Identifier AD-2020-00247-E.

(a) Effective Date

    This AD is effective April 15, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Pratt & Whitney PW1519G, PW1521G,
PW1521G-3, PW1521GA, PW1524G, PW1524G-3, PW1525G, and PW1525G-3
model turbofan engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7230, Turbine Engine
Compressor Section.

(e) Unsafe Condition

    This AD was prompted by reports of in-flight shutdowns due to
failure of the low-pressure compressor (LPC) rotor 1 (R1) and by
subsequent findings of cracked LPC R1s during inspections. The FAA
is issuing this AD to prevent failure of the LPC R1. The unsafe
condition, if not addressed, could result in uncontained release of
the LPC R1, damage to the engine, damage to the airplane, and loss
of control of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) Remove the electronic engine control (EEC) software if the
version is earlier than full authority digital electronic control
(FADEC) software version V<IP_ADDRESS> and install EEC FADEC software
that is eligible for installation, as follows:
    (i) For engines that have accumulated less than 300 flight
cycles (FCs) since new or since the last engine shop visit, within
15 FCs after the effective date of this AD.
    (ii) For all other engines, within 90 days after the effective
date of this AD.
    (2) After the effective date of this AD, do not install an
engine listed in paragraph (c) of this AD on any aircraft unless you
have replaced the EEC software required by paragraph (g)(1) of this
AD.

    Note to paragraph (g) of this AD:  The engines identified in
paragraphs (g)(1)(i) and (2) of this AD include engines originally
delivered to operators as spare engines that have been subsequently
installed on an airplane.

(h) Definitions

    (1) 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 case flanges, except
separation of engine flanges solely for the purposes of
transportation of the engine without subsequent maintenance does not
constitute an engine shop visit.
    (2) For the purpose of this AD, ``EEC FADEC software that is
eligible for installation'' is EEC FADEC software version V<IP_ADDRESS>
or later.

(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 paragraph (j) of this AD. 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

    For more information about this AD, contact Kevin M. Clark,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    None.

    Issued on March 25, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-06554 Filed 3-30-20; 8:45 am]
 BILLING CODE 4910-13-P


               Figure 3.8-1  -  U.S. Steel-GCW Receptor Network

     Figure 3.8-2  -  U.S. Steel-GCW Maximum Receptor Concentration Values

    Figure 3.8-3  -  U.S. Steel-GCW Plant Boundary and Peak Impact Receptor


Motor Vehicle Manufacturing Industries' F019 Delisting Summary pH Data

	Facility	 	Sample Number	pH

	BMW

Comp-1

BMW

Comp-2

BMW

Comp-2-dup

BMW

Comp-3

BMW

Comp-4

BMW

Ay2

BMW

By1

BMW

By1-Dup

BMW

Cy2

BMW

Dy1

BMW	24-May-01	composite 1

BMW	24-May-01	composite 2

BMW	24-May-01	composite 3

BMW	24-May-01	composite 4

BMW	8-Aug-03	composite 1

BMW	8-Aug-03	composite 2

BMW	8-Aug-03	composite 3

BMW	8-Aug-03	composite 4

NISSAN	24-Jun-02	NS-6a

NISSAN	26-Jun-02	NS-7a

NISSAN	28-Jun-02	NS-8a

NISSAN	1-Jul-02	NS-9a

NISSAN	3-Jul-02	NS-10a

NISSAN	8-Jul-02	NS-11a

NISSAN	10-Jul-02	NS-12a

NISSAN	10-Jul-02	NS-13a

NISSAN	15-Jul-02	NS-14A

	GM	LANSING	12/19/97	LAN-S01-01	7.48

	GM	LANSING	12/19/97	LAN-S01-02	7.51

	GM	LANSING	12/19/97	LAN-S01-03	7.57

	GM	LANSING	1/29/98	LAN-S02-01	7.89

	GM	LANSING	1/29/98	LAN-S02-02	7.57

	GM	LANSING	1/29/98	LAN-S02-03	7.35

	GM	LANSING	16-Nov-00	3880.01

	GM	LANSING	16-Nov-00	3880.05

	GM	LANSING	16-Nov-00	3880.02

	GM	LANSING	16-Nov-00	3880.03

	GM	LANSING	16-Nov-00	3880.04

	GM	LANSING	1-Nov-01	7454.01	7.53

	GM	LANSING	1-Nov-01	7454.01D

	GM	LANSING	1-Nov-01	7454.02	7.48

	GM	LANSING	1-Nov-01	7454.03	7.69

	GM	LANSING	1-Nov-01	7454.04	6.92

	GM	LANSING	15-Oct-02	10738.01	8.29

	GM	LANSING	31-Oct-02	10904.01	8.39

	GM	LANSING	25-Nov-02	11180.01	7.9

	GM	LANSING	6-Dec-02	11327.01	7.8

	GM	LANSING	6-Dec-02	11327.02

	GM	LANSING	ND	ND	7.98

	GM LAKE	ORION	20-Feb-95	RB-1	9.4

	GM LAKE	ORION	20-Feb-95	RB-2	9.37

	GM LAKE	ORION	20-Feb-95	RB-3	8.9

	GM LAKE	ORION	20-Feb-95	RB-3 dup	8.49

	GM LAKE	ORION	20-Feb-95	RB-4	8.28

	GM LAKE	ORION	ND	26-Sep-02	10.56

	GM LAKE	ORION	3-Dec-98	WWTPS-I	8.89

	GM LAKE	ORION	3-Dec-98	WWTPS-II	8.96

	GM LAKE	ORION	5-May-99	9906 WWTP #1	8.9

	GM LAKE	ORION	17-Jun-99	99-14 WWTP#2	7.96

	GM LAKE	ORION	20-Sep-99	99-20 WWTP#3

GM LAKE	ORION	20-Sep-99	99-21 WWTP#4

	GM	OKLAHOMA	16-Dec-97	OKL-S01-01	7.41

	GM	OKLAHOMA	16-Dec-97	OKL-S01-02	7.29

	GM	OKLAHOMA	16-Dec-97	OKL-S01-03	7.8

	GM	OKLAHOMA	16-Dec-97	OKL-S01-04	7.87

	GM	OKLAHOMA	16-Dec-97	OKL-S01-05	8.03

	GM	OKLAHOMA	11-Jun-98	OKL-S02-01	7.32

	GM	OKLAHOMA	11-Jun-98	OKL-S02-02	7.48

	GM	OKLAHOMA	11-Jun-98	OKL-S02-03	7.53

	GM	OKLAHOMA	11-Jun-98	OKL-S02-04	7.5

	GM	OKLAHOMA	11-Jun-98	OKL-S02-05	7.3

	GM	Lordstown	16-Dec-97	LOR-S01-01	8.47

	GM	Lordstown	16-Dec-97	LOR-S01-02	8.55

	GM	Lordstown	16-Dec-97	LOR-S01-03	11.3

	GM	Lordstown	16-Dec-97	LOR-S01-04	8.31

	GM	Lordstown	16-Dec-97	LOR-S01-05	10.5

	GM	Lordstown	9-Jun-98	LOR-S02-01	8.09

	GM	Lordstown	9-Jun-98	LOR-S02-02	8.09

	GM	Lordstown	J	J         3.1

	GM	Lordstown	29-Dec-00	0

	GM	Lordstown	29-Dec-00	*   0.266

	GM	Lordstown	J   0.222	0

	GM	Lordstown	J   364	364

	GM	Lordstown	29-Dec-00	0.022

	GM	Pontiac

PE-1	8.35

	GM	Pontiac

PE-2	8.18

	GM	Pontiac

PE-3	8.19

	GM	Pontiac

PE-4	8.22

	GM	Pontiac

PE-5	8.2

	GM	Pontiac

PE-6	8.49

	GM	Pontiac

PE-7	8.28

	GM	Hamtramck

H1-1	7.7

	GM	Hamtramck

H1-2	7.38

	GM	Hamtramck

H1-3	7.35

	GM	Hamtramck

H1-4	7.33

	GM	Hamtramck

H1-5	7.03

	GM	Hamtramck

H1-6	7.1

	GM	Hamtramck

H1-7	7.31

	GM	Flint

FT-1	7.74

	GM	Flint

FT-2	7.83

	GM	Flint

FT-3	7.48

	GM	Flint

FT-4	7.53

	GM	Flint

FT-5	7.62

	GM	Flint

FT-6	7.77

	GM	Flint

FT-7	7.8

	GM	LGR

LGR-1	9.65

	GM	LGR

LGR-2	12.3

	GM	LGR

LGR-3	10.59

	GM	LGR

LGR-4	8.5

	GM	LGR

LGR-5	8.87

	GM	LGR

LGR-6	11.75

	GM	LGR

LGR-7	12.24

	FORD	WIXOM

DRUM#1	8.09

	FORD	WIXOM

DRUM#2	8.16

	FORD	WIXOM

DRUM#2	8.14

	FORD	WIXOM

DRUM#3	8.07

	FORD	WIXOM

DRUM#4	8.07

	FORD	WIXOM

DRUM#5	8.08

	FORD	WIXOM

DRUM#6	8.32

	FORD	WAYNE

DRUM#1	7.49

	FORD	WAYNE

DRUM#2	7.34

	FORD	WAYNE

DRUM#2	7.48

	FORD	WAYNE

DRUM#3	7.42

	FORD	WAYNE

DRUM#4	7.48

	FORD	WAYNE

DRUM#5	7.48

	FORD	WAYNE

DRUM#6	7.45

	DCC	Jefferson N

JN-1	7.3

	DCC	Jefferson N

JN-2	6.92

	DCC	Jefferson N

JN-3	6.95

	DCC	Jefferson N

JN-4	6.81

	DCC	Jefferson N

JN-5	7.07

	DCC	Jefferson N

JN-6	7.13

	DCC	Jefferson N

JN-7	7.1

GM HAMTRAMCK ONLY	H2-1

	6.84

H2-2

	6.64

H2-3

	6.98

H2-4

	6.89

H2-5

	6.76

H2-6

	6.9

H2-7

	6.71

COUNT	98

MINIMUM	6.64

MEDIAN	7.785

MAXIMUM	12.3


[Federal Register: March 15, 2006 (Volume 71, Number 50)]
[Notices]
[Page 13375]
[DOCID:fr15mr06-93]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-247-000]

Transcontinental Gas Pipe Line Corporation; Notice of Proposed
Changes in FERC Gas Tariff

March 8, 2006.
    Take notice that on March 1, 2006 Transcontinental Gas Pipe Line
Corporation (Transco) tendered for filing as part of its FERC Gas
Tariff, Third Revised Volume No. 1, the tariff sheets listed on
Appendix A attached to the filing. The tariff sheets are proposed to be
effective April 1, 2006.
    Transco states that it is serving copies of the instant filing to
its affected customers, interested State Commissions and other
interested parties.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-3687 Filed 3-14-06; 8:45 am]

BILLING CODE 6717-01-P