[Federal Register: June 17, 2010 (Volume 75, Number 116)]
[Rules and Regulations]
[Page 34349-34354]
[DOCID:fr17jn10-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1076; Directorate Identifier 2009-CE-019-AD;
Amendment 39-16296; AD 2010-10-17]
RIN 2120-AA64

Airworthiness Directives; Mitsubishi Heavy Industries, Ltd.
Various Models MU-2B Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) to
supersede Airworthiness Directive (AD) 2006-17-01, AD 2006-15-07, AD
2000-02-25, and AD 97-25-02, which applies to certain Mitsubishi Heavy
Industries, Ltd. (MHI) various Models MU-2B airplanes. An FAA MU-2B
safety evaluation resulted in the standardization of the MU-2B specific
training and the FAA-accepted pilot operating checklists through a
special Federal aviation regulation (SFAR). MHI revised the airplane
flight manuals (AFMs) to align them with the information in that
training and the checklists. In addition, incorporating all AFM
revisions up to and including this latest AFM revision will incorporate
all AFM compliance actions required by the four above-mentioned ADs.
This AD would retain from AD 2006-17-01 the inspection of the engine
torque indication system and possible recalibration of the torque
pressure transducers and would require incorporating all revisions up
to and including the latest revisions of the AFM. We are issuing this
AD to correct inconsistencies in critical operating procedures between
the MU-2B specific training, the FAA-accepted pilot operating
checklists, and the AFMs, which, if not corrected, could result in the
pilot inadvertently taking inappropriate actions in critical operating
conditions.

DATES: This AD becomes effective on July 22, 2010.
    On July 22, 2010, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.

ADDRESSES: For service information identified in this AD, contact
Mitsubishi Heavy Industries America, Inc., 4951 Airport Parkway, Suite
800, Addison, Texas 75001; telephone:<PHONE_NUMBER>; fax: (972) 934-
5488; Internet: http://www.mu-2aircraft.com or http://
www.turbineair.com.
    To view the AD docket, go to U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
http://www.regulations.gov. The docket number is FAA-2009-1076;
Directorate Identifier 2009-CE-019-AD.

FOR FURTHER INFORMATION CONTACT: Al Wilson, Flight Test Pilot, FAA,
Fort Worth ACO, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone:
(817) 222-5146; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    This AD results from inconsistencies in critical operating
procedures between the MU-2B specific training, the FAA-accepted pilot
operating checklists, and the AFMs. In 2005, the FAA, Aircraft
Certification Service and Flight Standards Service, conducted an MU-2B
safety evaluation. The FAA found that MU-2B specific training was not
required for all operators and, when provided, was not standardized.
The safety evaluation also revealed that many FAA-accepted pilot
operating checklists used by operators and trainers at the time of the
evaluation had no regulatory basis and were locally produced. This
resulted in a lack of standardization for normal, abnormal, and
emergency flight operations.
    In 2008, the FAA issued SFAR No. 108, Mitsubishi MU-2B Series
Airplane Special Training, Experience, and Operating Requirements. This
SFAR requires standardization for critical operating procedures in
training and in the FAA-accepted pilot operating checklists. MHI
revised the AFMs to align them with the information in the current
SFAR. The FAA requested Mitsubishi Heavy Industries, Ltd. make changes
to the AFM for each model approved under Type Certificate Data Sheets
(TCDS) A10SW and A2PC.
    Incorporating all AFM revisions up to and including this latest AFM
revision will incorporate the AFM actions in other ADs, as follows:
     AD 97-25-02, Amendment 39-10225 (62 FR 63830, December 3,
1997), requires revising the Limitations section of the airplane AFM to
prohibit positioning the power levers below the flight idle stop while
the airplane is in flight.
     AD 2000-02-25, Amendment 39-11543 (65 FR 5422, February 4,
2000), requires revising the AFM to include requirements for activating
the airframe pneumatic deicing boots.
     AD 2006-15-07, Amendment 39-14687 (71 FR 41116, July 20,
2006), requires revising the Limitations section of the AFM to prevent
improper rigging of the propeller feathering linkage.
     AD 2006-17-01, Amendment 39-14722 (71 FR 47697, August 18,
2006), requires inspecting the engine torque indication system,
recalibrating the torque pressure transducers as required, and revising
the Limitations section of the AFM to include power assurance charts.
The one-time inspection and possible recalibration are not part of the
AFM revisions.
    We are issuing this AD to correct inconsistencies in critical
operating procedures between the MU-2B specific training, the FAA-
accepted pilot operating checklists, and the AFMs, which, if not
corrected, could result in the pilot inadvertently taking inappropriate
actions in critical operating conditions.

Comments

    We provided the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and FAA's response to each comment:

Comment Issue No. 1: This Failure Could Lead to Loss of Control

    Ralph M. Sorrells, Mitsubishi Heavy Industries America, Inc.,
Patrick E. Cannon, Turbine Aircraft Services, Inc., and Earle P. Martin
III, Mid-Coast Air Charter, Inc., comment on the Summary, Discussion,
and Unsafe Condition sections of the proposed AD. The commenters oppose
the wording used in the notice of proposed rulemaking (NPRM) that says
the unsafe condition, if left uncorrected, could result in loss of
control. Two of the commenters suggest this is an ``administrative'' AD
and we should not use ``loss of control'' as a justification. One
commenter suggests changing the justification to ``improve safety'' in
lieu of ``loss of control.''
    We agree with the commenters that the wording ``loss of control''
used throughout the NPRM does not accurately reflect the justification
for this AD. We are changing the wording to the following in the
Summary, Discussion, and Unsafe Condition sections of the NPRM: ``We
are issuing this AD to correct inconsistencies in critical operating
procedures between the MU-2B specific training, the FAA-accepted pilot
operating checklists, and the AFMs, which, if not corrected, could
result in the pilot inadvertently taking inappropriate actions in
critical operating conditions.''

Comment Issue No. 2: Special Federal Aviation Regulation (SFAR)-108

    Ralph M. Sorrells, Mitsubishi Heavy Industries America, Inc.,
states the current SFAR-108 mandates standardized training, the latest
revision of the AFM, and the use of standardized checklists. The SFAR
requirements have eliminated the ``inconsistencies'' as stated in the
NPRM; and the SFAR standardized FAA-accepted checklists, eliminating
the inconsistencies in the checklists; therefore, no unsafe condition
exists. We infer from this comment the commenter feels this AD action
is unnecessary. The FAA partially agrees with these comments.
    We agree with the commenter that the SFAR-108 is the current
regulatory standard to follow, when inconsistencies exist between the
SFAR requirements and the approved AFM. However, we disagree with the
commenter that the inconsistencies have been eliminated. The SFAR
mandated the appropriate AFM for each model; however, it did not
specify an AFM revision level. Owners could currently be using a
version of the AFM that is not consistent with the FAA-accepted
checklists required by the SFAR. The intent of this NPRM is to mandate
the latest AFM revision level. To clarify the intent of the wording
``FAA-accepted checklists'' used in the NPRM, we are changing the first
paragraph of the Discussion section to read: ``* * * the safety
evaluation also revealed that many FAA-accepted pilot operating
checklists used by operators and trainers at the time of the evaluation
had no regulatory basis * * *''

Comment Issue No. 3: Current Applicable Service Bulletin for the
Compliance Section, Paragraph 2(e)(1)

    Ralph M. Sorrells, Mitsubishi Heavy Industries America, Inc.,
states that the NPRM does not reference the latest revision to the
service bulletin in the Compliance section, paragraph 2(e)(1). He
suggests revising the Compliance section, paragraph 2(e)(1), to
reference MHI MU-2 Service Bulletin No. 233B, dated March 8, 2007, as
the applicable service bulletin for TCDS A2PC model airplanes.
    The FAA partially agrees with this comment. We agree that
inspecting the engine torque indication system and recalibrating the
torque pressure transducers following MHI MU-2 Service Bulletin No.
233B, dated March 8, 2007, will comply with the requirements of the AD.
However, we disagree with requiring the actions following MHI MU-2
Service Bulletin No. 233B, dated March 8, 2007. The actions to inspect
the engine torque indication system and recalibrate the torque pressure
transducers are retained from AD 2006-17-01, issued in 2006, and doing
the actions following MHI MU-2 Service Bulletin No. 233A, dated January
14, 1999, still complies with the intent of AD 2006-17-01. We will
retain inspecting the engine torque indication system and recalibrating
the torque pressure transducers following MHI MU-2 Service Bulletin No.
233A, dated January 14, 1999, but add language allowing the use of MHI
MU-2 Service Bulletin No. 233B, dated March 8, 2007, to comply with the
requirements of this final rule AD action.

Comment Issue No. 4: Reformat Table No. 1

    Ralph M. Sorrells, Mitsubishi Heavy Industries America, Inc.,
comments that Table 1 of the NPRM in the Compliance section of the NPRM
should be revised to clarify which TCDS applies to each model. The
commenter also suggests we change Table 1 of the NPRM to show the
correct revision level for the Model MU-2B-35 (A2PC), which is revision
10 versus revision 9. Certain model airplanes (-25, -26, and -35) were
type certificated under both the A2PC and A10SW type certificates and
have separate AFMs.
    The commenter states Table 1 of the NPRM appears confusing as to
which AFM applies to the models approved under both TCDS A2PC and
A10SW. Table 1 of the NPRM does not reference the reissued AFM date
that applies for TCDS A2PC models. The AFM for TCDS A10SW models are
not affected since the power assurance charts were included in the
reissued AFM and have not been revised.
    The FAA agrees with the commenter and will revise Table 3 of the
final rule AD action to clarify the appropriate TCDS and identify the
correct AFM, revision level, and effective pages for the power
assurance charts for all models.

Comment Issue No. 5: Reformat Table No. 2

    Ralph M. Sorrells, Mitsubishi Heavy Industries America, Inc.,
comments on the need to clarify the appropriate action to obtain the
AFM information for Models MU-2B-35 and MU-2B-36 type certificated
under TCDS A10SW.
    The commenter suggests referencing ``MU-2B-35 Airplane Flight
Manual J Model, Document Number MR-0158-1'' as the approved data for
Model MU-2B-35. The commenter also states there has never been an A10SW
version of the MU-2B-36 so this item should be removed. The commenter
recommends changing the language for the Note associated with Table 2
in the NPRM to state, ``AFM revisions are not available for Model MU-
2B-35 under TCDS A10SW because the only Model MU-2B-35 airplane is no
longer in service and was subsequently removed from the registry.
Mitsubishi Heavy Industries, Ltd. has indicated they have no intention
of putting the MU-2B-35 model back in production. There are no other
serial numbers eligible for this model, foreign or domestic. This model
is still eligible under the type certificate, so if Mitsubishi Heavy
Industries, Ltd., does put this model back in production, contact them
for an FAA-approved AFM.''
    The FAA partially agrees with the commenter. We agree that the
A10SW TCDS has been revised to show no serial numbers for -35 and -36
models. However, since the models are still part of the type
certificate, we disagree with removing those models from the AD. As
such, we are retaining Models -35 and -36 in the Applicability section
of this AD. Since no serial numbers for these model airplanes currently
exist, it would be impossible to comply with the actions of this AD for
those airplane models. We are removing NOTE 2 and NOTE 3 and removing
Models -35 and -36 from TABLE 4 of this final rule AD action.

Comment Issue No. 6: Suggest the Wording ``Current AFM Revision''

    Patrick E. Cannon, Turbine Aircraft Services, Inc., suggests that
to avoid revising the AD to mandate each subsequent AFM revision, the
NPRM use the term ``current AFM revision'' to mandate incorporating
subsequent revisions to the AFMs.
    The FAA does not agree. We do not have the legal authority to
reference documents that do not currently exist for the purpose of
addressing an unsafe condition through AD action. The FAA will consider
approval of future revisions through additional rulemaking should the
need arise or may consider allowing their use of future revisions
through approval of an alternative method of compliance (AMOC) if the
substantiating data supports the revised AFM.

Conclusion

    We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
except for the changes previously discussed and minor editorial
corrections. We have determined that these minor corrections:

     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 355 airplanes.
    We estimate the following costs to accomplish the engine torque
indication system inspection, including the recalibration and ground
check if needed.
    This is a retained cost from AD 2006-17-01:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost per   Total cost on
                  Labor cost                              Parts cost                airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 = $425....................  Not applicable.................            $425         $150,875
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do the AFM revisions:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost per   Total cost on
                  Labor cost                              Parts cost                airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............  Not applicable.................             $85          $30,175
----------------------------------------------------------------------------------------------------------------

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 AD.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a summary of the costs to comply with this AD (and
other information as included in the Regulatory Evaluation) and placed
it in the AD Docket. You may get a copy of this summary by sending a
request to us at the address listed under ADDRESSES. Include ``Docket
No. FAA-2009-1076; Directorate Identifier 2009-CE-019-AD'' in your
request.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (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 removing Airworthiness Directive (AD)
97-25-02, Amendment 39-10225 (62 FR 63830, December 3, 1997); AD 2000-
02-25, Amendment 39-11543 (65 FR 5422, February 4, 2000); AD 2006-15-
07, Amendment 39-14687 (71 FR 41116, July 20, 2006); and AD 2006-17-01,
Amendment 39-14722 (71 FR 47697, August 18, 2006), and adding the
following new AD:

2010-10-17 Mitsubishi Heavy Industries, Ltd.: Amendment 39-16296;
Docket No. FAA-2009-1076; Directorate Identifier 2009-CE-019-AD.

Effective Date

    (a) This AD becomes effective on July 22, 2010.

Affected ADs

    (b) This AD supersedes AD 97-25-02, Amendment 39-10225; AD 2000-
02-25, Amendment 39-11543; AD 2006-15-07, Amendment 39-14687; and AD
2006-17-01, Amendment 39-14722.

Applicability

    (c) This AD applies to the following airplane models and serial
numbers that are certificated in any category:

  Table 1--Mitsubishi Heavy Industries, Ltd., (MHI) Airplanes Listed in
                Type Certificate Data Sheet (TCDS) A10SW
------------------------------------------------------------------------
                 Models                            Serial Nos.
------------------------------------------------------------------------
MU-2B-25, MU-2B-26, MU-2B-26A, MU-2B-    All serial numbers.
 36A, MU-2B-40, and MU-2B-60.
MU-2B-35 and MU-2B-36..................  There are no serial numbers for
                                          MU-2B-35 or MU-2B-36 under
                                          TCDS A10SW.
------------------------------------------------------------------------

               Table 2--MHI Airplanes Listed in TCDS A2PC
------------------------------------------------------------------------
               Models                             Serial Nos.
------------------------------------------------------------------------
MU-2B, MU-2B-10, MU-2B-15, MU-2B-20,  All serial numbers.
 MU-2B-25, MU-2B-26, MU-2B-30, MU-2B-
 35, MU-2B-36.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from inconsistencies in critical operating
procedures between the MU-2B specific training, the FAA-accepted
pilot operating checklists, and the airplane flight manuals (AFM).
MHI revised the AFMs to align them with the information in that
training and the checklists. We are issuing this AD to correct
inconsistencies in critical operating procedures between the MU-2B
specific training, the FAA-accepted pilot operating checklists, and
the AFMs, which, if not corrected, could result in pilots
inadvertently taking inappropriate actions in critical operating
conditions.

Compliance

    (e) Do the following unless already done:
    (1) Within 100 hours time-in-service (TIS) after September 22,
2006 (the effective date retained from AD 2006-17-01), inspect the
engine torque indication system and, before further flight after the
inspection, recalibrate the torque pressure transducers as required.
For airplanes listed in TCDS A2PC, follow MHI MU-2 Service Bulletin
No. 233A, dated January 14, 1999 or MHI MU-2 Service Bulletin No.
233B, dated March 8, 2007. For airplanes listed in TCDS A10SW,
follow MHI MU-2 Service Bulletin No. 095/77-002, dated July 15,
1998. This inspection requires the use of the following power
assurance charts as applicable:
    (i) If you have not incorporated the AFM revisions required in
paragraph (e)(2) of this AD: Use the power assurance charts
referenced in Table 3 below; or
    (ii) If you have already incorporated the AFM revisions required
in paragraph (e)(2) of this AD: Use the power assurance charts in
section 6 of the revised AFMs required by paragraph (e)(2) of this
AD.

                                Table 3--Power Assurance Chart From AD 2006-17-01
----------------------------------------------------------------------------------------------------------------
            TCDS                 Airplane model affected    Date and version of AFM       Page No. from AFM
----------------------------------------------------------------------------------------------------------------
A2PC........................  MU-2B.......................  AFM, Section 6,          6-34.
                                                             Reissued March 5,
                                                             1987, Revision 9,
                                                             dated January 14, 1999.
                              MU-2B-10....................  AFM, Section 6,          6-19.
                                                             Reissued March 5,
                                                             1987, Revision 9,
                                                             dated January 14, 1999.
                              MU-2B-15....................  AFM, Section 6,          6-19.
                                                             Reissued March 5,
                                                             1987, Revision 9,
                                                             dated January 14, 1999.
                              MU-2B-20....................  AFM, Section 6,          6-20.
                                                             Reissued March 3,
                                                             1987, Revision 9,
                                                             dated January 14, 1999.
                              MU-2B-25....................  AFM, Section 6,          6-19.
                                                             Reissued March 3,
                                                             1987, Revision 9,
                                                             dated January 14, 1999.
                              MU-2B-26....................  AFM, Section 6,          6-19.
                                                             Reissued March 3,
                                                             1987, Revision 9,
                                                             dated January 14, 1999.
                              MU-2B-30....................  AFM, Section 6,          6-19.
                                                             Reissued February 19,
                                                             1987, Revision 10,
                                                             dated January 14, 1999.
                              MU-2B-35....................  AFM, Section 6,          6-19.
                                                             Reissued February 19,
                                                             1987, Revision 10,
                                                             dated January 14, 1999.
                              MU-2B-36....................  AFM, Section 6,          6-20.
                                                             Reissued February 19,
                                                             1987, Revision 9,
                                                             dated January 14, 1999.
A10SW.......................  MU-2B-25....................  AFM, Section 6,          6-18 and 6-19.
                                                             Reissued March 25,
                                                             1986.
                              MU-2B-26....................  AFM, Section 6,          6-17 and 6-18.
                                                             Reissued March 25,
                                                             1986.
                              MU-2B-26A...................  AFM, Section 6,          6-17 and 6-18.
                                                             Reissued March 25,
                                                             1986.
                              MU-2B-36A...................  AFM, Section 6,          6-20 and 6-21.
                                                             Reissued February 28,
                                                             1986.
                              MU-2B-40....................  AFM, Section 6,          6-17 and 6-18.
                                                             Reissued March 25,
                                                             1986.
                              MU-2B-60....................  AFM, Section 6,          6-19 and 6-20.
                                                             Reissued September 24,
                                                             1986.
----------------------------------------------------------------------------------------------------------------

    (2) Within the next 50 hours TIS after July 22, 2010 (the
effective date of this AD) or within the next 6 months after July
22, 2010 (the effective date of this AD), whichever occurs first,
incorporate all revisions up to and including the latest revisions
as published in the list of effective pages of the applicable AFM
listed in Table 4 and Table 5 of this AD. Assure that the applicable
AFM contains each page, matching all the page numbers and page
dates, listed in the Effective Pages listing for that AFM. The
airplane identification data plate identifies the type certificate
number for that airplane:

                           Table 4--TCDS A10SW
------------------------------------------------------------------------
     Airplane model              AFM name          Effective pages list
------------------------------------------------------------------------
MU-2B-25...............  MU-2B-25 Airplane        all revised pages up
                          Flight Manual K Model,   to and including
                          Document Number MR-      revision 11, dated
                          0156-1.                  March 10, 2009, as
                                                   listed on page 1 and
                                                   page 2 of the
                                                   ``Effective Pages''
                                                   in the AFM.
MU-2B-26...............  MU-2B-26 Airplane        all revised pages up
                          Flight Manual M Model,   to and including
                          Document Number MR-      revision 11, dated
                          0160-1.                  March 10, 2009, as
                                                   listed on page 1 and
                                                   page 2 of the
                                                   ``Effective Pages''
                                                   in the AFM.

MU-2B-26A..............  MU-2B-26A Airplane       all revised pages up
                          Flight Manual P Model,   to and including
                          Document Number MR-      revision 13, dated
                          0194-1.                  March 10, 2009, as
                                                   listed on page 1 and
                                                   page 2 of the
                                                   ``Effective Pages''
                                                   in the AFM.
MU-2B-36A..............  MU-2B-36A Airplane       all revised pages up
                          Flight Manual N Model,   to and including
                          Document Number MR-      revision 15, dated
                          0196-1.                  March 10, 2009, as
                                                   listed on page 1 and
                                                   page 2 of the
                                                   ``Effective Pages''
                                                   in the AFM.
MU-2B-40...............  MU-2B-40 Airplane        all revised pages up
                          Flight Manual            to and including
                          SOLITAIRE Model,         revision 13, dated
                          Document Number MR-      March 10, 2009, as
                          0271-1.                  listed on page 1 and
                                                   page 2 of the
                                                   ``Effective Pages''
                                                   in the AFM.
MU-2B-60...............  MU-2B-60 Airplane        all revised pages up
                          Flight Manual MARQUISE   to and including
                          Model, Document Number   revision 15, dated
                          MR-0273-1.               March 10, 2009, as
                                                   listed on page 1 and
                                                   page 2 of the
                                                   ``Effective Pages''
                                                   in the AFM.
------------------------------------------------------------------------

                           Table 5--TCDS A2PC
------------------------------------------------------------------------
     Airplane model              AFM name          Effective pages list
------------------------------------------------------------------------
MU-2B..................  MU-2B Airplane Flight    all revised pages up
                          Manual, YET 67026A.      to and including
                                                   revision 13, dated
                                                   November 29, 2007, as
                                                   listed on page 1 and
                                                   page 2 of the
                                                   ``Effective Pages''
                                                   in the AFM.
MU-2B-10...............  MU-2B-10 Airplane        all revised pages up
                          Flight Manual, YET       to and including
                          86400.                   revision 13, dated
                                                   November 29, 2007, as
                                                   listed on page 1 and
                                                   page 2 of the
                                                   ``Effective Pages''
                                                   in the AFM.
MU-2B-15...............  MU-2B-15 Airplane        all revised pages up
                          Flight Manual, YET       to and including
                          68038A.                  revision 13, dated
                                                   November 29, 2007, as
                                                   listed on page 1 and
                                                   page 2 of the
                                                   ``Effective Pages''
                                                   in the AFM.
MU-2B-20...............  MU-2B-20 Airplane        all revised pages up
                          Flight Manual, YET       to and including
                          68034A.                  revision 13, dated
                                                   November 29, 2007, as
                                                   listed on page 1 and
                                                   page 2 of the
                                                   ``Effective Pages''
                                                   in the AFM.
MU-2B-25...............  MU-2B-25 Airplane        all revised pages up
                          Flight Manual, YET       to and including
                          71367A.                  revision 13, dated
                                                   November 29, 2007, as
                                                   listed on page 1 and
                                                   page 2 of the
                                                   ``Effective Pages''
                                                   in the AFM.
MU-2B-26...............  MU-2B-26 Airplane        all revised pages up
                          Flight Manual, YET       to and including
                          74129A.                  revision 13, dated
                                                   November 29, 2007, as
                                                   listed on page 1 and
                                                   page 2 of the
                                                   ``Effective Pages''
                                                   in the AFM.
MU-2B-30...............  MU-2B-30 Airplane        all revised pages up
                          Flight Manual, YET       to and including
                          69013A.                  revision 14, dated
                                                   November 29, 2007, as
                                                   listed on page 1 and
                                                   page 2 of the
                                                   ``Effective Pages''
                                                   in the AFM.
MU-2B-35...............  MU-2B-35 Airplane        all revised pages up
                          Flight Manual, YET       to and including
                          70186A.                  revision 14, dated
                                                   November 29, 2007, as
                                                   listed on page 1 and
                                                   page 2 of the
                                                   ``Effective Pages''
                                                   in the AFM.
MU-2B-36...............  MU-2B-36 Airplane        all revised pages up
                          Flight Manual, YET       to and including
                          74122A.                  revision 13, dated
                                                   November 29, 2007, as
                                                   listed on page 1 and
                                                   page 2 of the
                                                   ``Effective Pages''
                                                   in the AFM.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, FAA, Fort Worth Airplane Certification Office
(ACO), has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Al Wilson, Flight Test Pilot, FAA, Fort Worth ACO, 2601
Meacham Blvd., Fort Worth, Texas 76137; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>. Before using any approved AMOC on any airplane
to which the AMOC applies, notify your appropriate principal
inspector (PI) in the FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.

Material Incorporated by Reference

    (g) You must use Mitsubishi Heavy Industries, Ltd. MU-2 Service
Bulletin No. 233A, dated January 14, 1999; Mitsubishi Heavy
Industries, Ltd. MU-2 Service Bulletin No. 095/77-002, dated July
15, 1998; Mitsubishi Heavy Industries, Ltd. MU-2 Service Bulletin
No. 233B, dated March 8, 2007; and the AFMs specified in Table 6 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise. The AFMs and Pilot's Operating Manuals (POMs)
are bound together in one book for each airplane model; however,
only the AFMs are required to comply with this AD. The POMs are not
approved data and are not incorporated by reference; the POMs are
not required to comply with this AD.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) On September 22, 2006 (71 FR 47699, August 18, 2006) the
Director of the Federal Register approved the incorporation by
reference of Mitsubishi Heavy Industries, Ltd. MU-2 Service Bulletin
No. 095/77-002, dated July 15, 1998; and Mitsubishi Heavy
Industries, Ltd. MU-2 Service Bulletin No. 233A, dated January 14,
1999.
    (3) For service information identified in this AD, contact
Mitsubishi Heavy Industries America, Inc., 4951 Airport Parkway,
Suite 800, Addison, Texas 75001; telephone:<PHONE_NUMBER>; fax:
(972) 934-5488; Internet: http://www.mu-2aircraft.com or http://
www.turbineair.com.
    (4) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (5) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

               Table 6--Material Incorporated by Reference
------------------------------------------------------------------------
              AFM/POM name                   AFM effective pages list
------------------------------------------------------------------------
MU-2B-25 Airplane Flight Manual K        all revised pages up to and
 Model, Document Number MR-0156-1, MU-    including revision 11, dated
 2B-25; MU-2B-25 Pilot's Operating        March 10, 2009, as listed on
 Manual, Document Number MR-0157-1,       page 1 and page 2 of the
 revised July 15, 2004.                   ``Effective Pages'' in the
                                          AFM.
MU-2B-26 Airplane Flight Manual M        all revised pages up to and
 Model, Document Number MR-0160-1; MU-    including revision 11, dated
 2B-26 Pilot's Operating Manual,          March 10, 2009, as listed on
 Document Number MR-0161-1, revised       page 1 and page 2 of the
 July 15, 2004.                           ``Effective Pages'' in the
                                          AFM.
MU-2B-26A Airplane Flight Manual P       all revised pages up to and
 Model, Document Number MR-0194-1; MU-    including revision 13, dated
 2B-26A Pilot's Operating Manual,         March 10, 2009, as listed on
 Document Number MR-0195-1, revised       page 1 and page 2 of the
 July 15, 2004.                           ``Effective Pages'' in the
                                          AFM.
MU-2B-36A Airplane Flight Manual N       all revised pages up to and
 Model, Document Number MR-0196-1; MU-    including revision 15, dated
 2B-36A Pilot's Operating Manual,         March 10, 2009, as listed on
 Document Number MR-0197-1, revised       page 1 and page 2 of the
 July 15, 2004.                           ``Effective Pages'' in the
                                          AFM.
MU-2B-40 Airplane Flight Manual          all revised pages up to and
 SOLITAIRE Model, Document Number MR-     including revision 13, dated
 0271-1; MU-2B-40 Pilot's Operating       March 10, 2009, as listed on
 Manual, Document Number MR-0335-1,       page 1 and page 2 of the
 revised July 15, 2004.                   ``Effective Pages'' in the
                                          AFM.
MU-2B-60 Airplane Flight Manual          all revised pages up to and
 MARQUISE Model, Document Number MR-      including revision 15, dated
 0273-1; MU-2B-60 Pilot's Operating       March 10, 2009, as listed on
 Manual, Document Number MR-0338-1,       page 1 and page 2 of the
 revised July 15, 2004.                   ``Effective Pages'' in the
                                          AFM.
MU-2B Airplane Flight Manual, YET        all revised pages up to and
 67026A; MU-2B Pilot's Operating          including revision 13, dated
 Manual, Document Number YET 67025A,      November 29, 2007, as listed
 revised September 10, 1997.              on page 1 and page 2 of the
                                          ``Effective Pages'' in the
                                          AFM.
MU-2B-10 Airplane Flight Manual, YET     all revised pages up to and
 86400; MU-2B-10 Pilot's Operating        including revision 13, dated
 Manual, Document Number YET 87236,       November 29, 2007, as listed
 revised September 10, 1997.              on page 1 and page 2 of the
                                          ``Effective Pages'' in the
                                          AFM.
MU-2B-15 Airplane Flight Manual, YET     all revised pages up to and
 68038A; MU-2B-15 Pilot's Operating       including revision 13, dated
 Manual, Document Number YET 87237,       November 29, 2007, as listed
 revised September 10, 1997.              on page 1 and page 2 of the
                                          ``Effective Pages'' in the
                                          AFM.
MU-2B-20 Airplane Flight Manual, YET     all revised pages up to and
 68034A; MU-2B-20 Pilot's Operating       including revision 13, dated
 Manual, Document Number YET 68134A,      November 29, 2007, as listed
 revised February 20, 1998.               on page 1 and page 2 of the
                                          ``Effective Pages'' in the
                                          AFM.
MU-2B-25 Airplane Flight Manual, YET     all revised pages up to and
 71367A; MU-2B-25 Pilot's Operating       including revision 13, dated
 Manual, Document Number YET 72067A,      November 29, 2007, as listed
 revised September 10, 1997.              on page 1 and page 2 of the
                                          ``Effective Pages'' in the
                                          AFM.
MU-2B-26 Airplane Flight Manual, YET     all revised pages up to and
 74129A; MU-2B-26 Pilot's Operating       including revision 13, dated
 Manual, Document Number YET 74130A,      November 29, 2007, as listed
 revised September 10, 1997.              on page 1 and page 2 of the
                                          ``Effective Pages'' in the
                                          AFM.
MU-2B-30 Airplane Flight Manual, YET     all revised pages up to and
 69013A; MU-2B-30 Pilot's Operating       including revision 14, dated
 Manual, Document Number YET 69224A,      November 29, 2007, as listed
 revised September 10, 1997.              on page 1 and page 2 of the
                                          ``Effective Pages'' in the
                                          AFM.
MU-2B-35 Airplane Flight Manual, YET     all revised pages up to and
 70186A; MU-2B-10 Pilot's Operating       including revision 14, dated
 Manual, Document Number YET 70187A,      November 29, 2007, as listed
 revised September 10, 1997.              on page 1 and page 2 of the
                                          ``Effective Pages'' in the
                                          AFM.
MU-2B-36 Airplane Flight Manual, YET     all revised pages up to and
 74122A; MU-2B-36 Pilot's Operating       including revision 13, dated
 Manual, Document Number YET 74123A,      November 29, 2007, as listed
 revised September 10, 1997.              on page 1 and page 2 of the
                                          ``Effective Pages'' in the
                                          AFM.
------------------------------------------------------------------------

    Issued in Kansas City, Missouri on May 4, 2010.
Wes Ryan,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-11034 Filed 6-16-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8186-8187]
[FR Doc No: 2010-3577]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5748; FMCSA-1999-6156; FMCSA-2005-22194]

Qualification of Drivers; Exemption Renewals; Vision

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA previously announced its decision to renew the
exemptions from the vision requirement in the Federal Motor Carrier
Safety Regulations for 10 individuals. FMCSA has statutory authority to
exempt individuals from the vision requirement if the exemptions
granted will not compromise safety. The Agency has concluded that
granting these exemptions will provide a level of safety that will be
equivalent to, or greater than, the level of safety maintained without
the exemptions for these commercial motor vehicle (CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-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 2-year period. The comment period ended on January
11, 2010 (74 FR 65847).

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    The Agency has not received any adverse evidence on any of these
drivers that indicates that safety is being compromised. Based upon its
evaluation of the 10 renewal applications, FMCSA renews the Federal
vision exemptions for Woodrow E. Bohley, Kenneth E. Bross, Russell W.
Foster, Kevin Jacoby, Richard L. Loeffelholz, Herman C. Mash, Frank T.
Miller, Robert G. Rascicot, Jon H. Wurtele and Walter M. Yohn, Jr.
    In accordance with 49 U.S.C. 31136(e) and 31315, each renewal
exemption will be valid for 2 years unless revoked earlier by FMCSA.
The exemption will be revoked 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 and 31315.

    Issued on: February 5, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-3577 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Page 66767]
[FR Doc No: 2022-24005]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96180; File No. SR-MRX-2022-12]

Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of
Withdrawal of Proposed Rule Change To Amend Options 7, Section 6 To Add
Port Fees

October 31, 2022.
    On August 25, 2022, Nasdaq MRX, LLC (``MRX'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 \1\ and Rule
19b-4 thereunder,\2\ a proposed rule change to assess port fees. The
proposed rule change was published for comment in the Federal Register
on September 14, 2022.\3\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 95710 (September 8,
2022), 87 FR 56464.
---------------------------------------------------------------------------

    On October 11, 2022, MRX withdrew the proposed rule change (SR-MRX-
2022-12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\4\
---------------------------------------------------------------------------

    \4\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-24005 Filed 11-3-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 20, 2008 (Volume 73, Number 162)]
[Notices]
[Page 49182-49183]
[DOCID:fr20au08-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-404-000]

MarkWest Pioneer, L.L.C.; Notice of Availability of the
Environmental Assessment for the Proposed Arkoma Connector Pipeline
Project

August 13, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) of the Arkoma
Connector Pipeline Project proposed by MarkWest Pioneer, L.L.C.
(MarkWest) in the above-referenced docket.
    The EA was prepared to satisfy the requirements of the National
Environmental Policy Act. The FERC staff concludes that approval of the
proposed project, with appropriate mitigating measures, would not
constitute a major federal action significantly affecting the quality
of the human environment.
    The EA assesses the potential environmental effects of the
construction and operation of MarkWest's proposed Arkoma Connector
Pipeline Project (Project), consisting of about 50.1 miles of 24-inch-
diameter pipeline in Coal, Atoka, and Bryan Counties, Oklahoma, the new
14,200-horsepower (hp) Origin Compressor Station in Coal County,
Oklahoma; 5,300-hp Midline Compressor Station in Atoka County,
Oklahoma; pig launcher and receiver facilities in Coal and Bryan
Counties, Oklahoma, respectively; and metering facilities in Bryan
County, Oklahoma.
    The EA has been placed in the public files of the FERC. A limited
number of copies of the EA are available for distribution and public
inspection at: Federal Energy Regulatory Commission, Public Reference
Room, 888 First Street, NE., Room 2A, Washington, DC 20426, (202) 502-
8371.
    Copies of the EA have been mailed to federal, state, and local
agencies, interested individuals, affected landowners, newspapers,
libraries, and parties to this proceeding. Any person wishing to
comment on the EA may do so. To ensure consideration prior to a
Commission decision on the proposal, it is important that we receive
your comments before the date specified below.
    You can make a difference by providing us with your specific
comments or concerns about the Project. Your comments should focus on
the potential environmental effects,

reasonable alternatives, and measures to avoid or lessen environmental
impacts. The more specific your comments, the more useful they will be.
To ensure that your comments are timely and properly recorded, please
send in your comments so that they will be received in Washington, DC,
on or before September 15, 2008.
    For your convenience, there are three methods in which you can use
to submit your comments to the Commission. In all instances please
reference the project docket number CP08-404-000 with your submission.
The Commission encourages electronic filing of comments and has
dedicated eFiling expert staff available to assist you at<PHONE_NUMBER>
or<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the Quick
Comment feature, which is located on the Commission's internet Web site
at http://www.ferc.gov under the link to Documents and Filings. A Quick
Comment is an easy method for interested persons to submit text-only
comments on a project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's internet Web site at
http://www.ferc.gov under the link to Documents and Filings. eFiling
involves preparing your submission in the same manner as you would if
filing on paper, and then saving the file on your computer's hard
drive. You will attach that file as your submission. New eFiling users
must first create an account by clicking on ``Sign up'' or
``eRegister''. You will be asked to select the type of filing you are
making. A comment on a particular project is considered a ``Comment on
a Filing;'' or
    (3) You may file your comments via mail to the Commission by
sending an original and two copies of your letter to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First St., NE.,
Room 1A, Washington, DC 20426.
    Label one copy of the comments for the attention of Gas Branch 3,
PJ11.3.
    Comments will be considered by the Commission but will not serve to
make the commentor a party to the proceeding. Any person seeking to
become a party to the proceeding must file a motion to intervene
pursuant to Rule 214 of the Commission's Rules of Practice and
Procedures (18 CFR 385.214).\1\ Only intervenors have the right to seek
rehearing of the Commission's decision.
---------------------------------------------------------------------------

    \1\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
---------------------------------------------------------------------------

    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your comments considered.
    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.
Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8-19208 Filed 8-19-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Notices]
[Page 20264]
[FR Doc No: 2020-07575]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-127-000]

ANR Pipeline Company; Notice of Request Under Blanket
Authorization

    Take notice that on March 31, 2020, ANR Pipeline Company (ANR), 700
Louisiana Street, Suite 700, Houston, Texas 77002, filed in the above
referenced docket a prior notice request pursuant to sections 157.205
and 157.216 of the Commission's regulations under the Natural Gas Act
and its blanket certificate issued in Docket No. CP18-503-000 for
authorization to abandon by removal and/or in place sections of storage
lateral Line 9780 within the Winfield Storage Field in Mecosta and
Montcalm counties, Michigan (Winfield Storage Field Lateral Abandonment
Project). ANR states that the proposed project will complete the
abandonment of facilities related to the abandonment of 21 storage
wells and appurtenant facilities authorized under Docket No. CP18-503-
000. ANR estimates the cost of the project to be approximately $2.2
million, all as more fully set forth in the request which is on file
with the Commission and open to public inspection.
    Any questions regarding this application should be directed to
Linda Farquhar, Principal Regulatory Specialist, ANR Pipeline Company,
700 Louisiana Street, Houston, Texas, 77002-2700, by telephone at (832)
320-5685, or by email at<EMAIL_ADDRESS>    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the EA for this proposal. The filing of the EA in the Commission's
public record for this proceeding or the issuance of a Notice of
Schedule for Environmental Review will serve to notify federal and
state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to complete all federal authorizations
within 90 days of the date of issuance of the Commission staff's EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list and will be
notified of any meetings associated with the Commission's environmental
review process. Environmental commenters will not be required to serve
copies of filed documents on all other parties. However, the non-party
commenters will not receive copies of all documents filed by other
parties or issued by the Commission and will not have the right to seek
court review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the eFiling link at
http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.

    Dated: April 6, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-07575 Filed 4-9-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Notices]
[Pages 58306-58307]
[FR Doc No: 2018-25096]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84578; File No. SR-MIAX-2018-32]

Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend Exchange Rule 503 To Adopt Interpretations and
Policies .02 and .03

November 13, 2018.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on November 9, 2018, Miami International
Securities Exchange, LLC (``MIAX Options'' or the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') a proposed
rule change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange is filing a proposal to relocate Rule 1809(f)
(``SPIKES Index Options Settlement'') and Rule 1809, Interpretations
and Policies .06 (``SPIKES Special Settlement Auction'') into Rule 503,
Openings on the Exchange, new Interpretations and Policies .02 and .03.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/ at MIAX Options'
principal office, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to adopt new Interpretations and Policies
.02, to Rule 503 (``Openings on the Exchange''), in order to relocate
existing Exchange Rule 1809(f), SPIKES Index Options Settlement, to
Rule 503. The Exchange also proposes to adopt new Interpretations and
Policies .03, to Rule 503, in order to similarly relocate existing
Exchange Rule 1809, Interpretations and Policies .06, SPIKES Special
Settlement Auction. This proposal seeks to better organize the rules of
the Exchange in order to make the rules easier to read and to ensure
that these rules apply only to MIAX Options. The Exchange notes that
the changes proposed herein are non-substantive rule changes, and do
not modify the application the rules which the Exchange proposes to
relocate.
    The Exchange notes, by way of background, that on June 28, 2018,
the Exchange filed with the Commission a proposal to list and trade on
the Exchange, options on the SPIKES\TM\ Index, a new index that
measures expected 30-day volatility of the SPDR S&P 500 ETF Trust
(commonly known and referred to by its ticker symbol, ``SPY'').\3\ To
facilitate trading options on the Index the Exchange made certain
amendments to Rule 1809.\4\ By virtue of the exemption from the rule
filing requirements of Section 19(b) of the Act, the rule amendments
were automatically incorporated by reference into the rules of the
Exchange's affiliate MIAX PEARL, LLC (``MIAX PEARL''). However, the
procedures described in Rule 1809(f) and Rule 1809, Interpretations and
Policies .06 do not apply to MIAX PEARL, as these rules relate to
SPIKES Index Options Settlement procedures and the SPIKES Special
Settlement Auction, which will not occur on MIAX PEARL. Therefore, the
Exchange believes that by now relocating these rules, it will avoid
confusion and provide greater clarity and readability to the rules.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 84417 (October 12,
2018), 83 FR 52865 (October 18, 2018) (SR-MIAX-2018-14) (Order
Granting Approval of a Proposed Rule Change by Miami International
Securities Exchange, LLC to List and Trade on the Exchange Options
on the SPIKES\TM\ Index).
    \4\ See id.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \5\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \6\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed change promotes just and
equitable principles of trade and removes impediments to and perfects
the mechanism of a free and open market and a national market system
because the proposed rule change improves the way the Exchange's
rulebook is organized, making it easier to read, and avoids confusion
by moving rules which are not applicable to the Exchange's affiliate,
MIAX PEARL, into a different chapter of rules which is not incorporated
by reference into to the rules of MIAX PEARL, therefore, helping market
participants to better understand the rules of the Exchange and of its
affiliate. The Exchange notes that the proposed change does not alter
the application of each rule. As such, the proposed amendment would
foster cooperation and coordination with persons engaged in
facilitating transactions in securities and would remove impediments to
and perfect the mechanism of a free and open market and a national
exchange system. In particular, the Exchange believes that the proposed
change will provide greater clarity to Members \7\ and the

public regarding the Exchange's Rules. It is in the public interest for
rules to be accurate and concise so as to eliminate the potential for
confusion.
---------------------------------------------------------------------------

    \7\ The term ``Member'' means an individual or organization
approved to exercise the trading rights associated with a Trading
Permit. Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
---------------------------------------------------------------------------

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

    MIAX Options does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change
will have no impact on competition as it is not designed to address any
competitive issues but rather is designed to add additional clarity to
existing rules and to make a non-substantive change by relocating the
rules to a different chapter in the Exchange's rulebook.
    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition as the Rules apply equally
to all Exchange Members.

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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the Exchange may relocate these rules immediately so as to improve the
organization of its rulebook and to avoid confusion for market
participants reading the rules of the Exchange's affiliate, MIAX PEARL.
The Commission believes the waiver of the operative delay is consistent
with the protection of investors and the public interest. Accordingly,
the Commission hereby waives the operative delay and designates the
proposed rule change operative upon filing.\12\
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-MIAX-2018-32 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2018-32. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MIAX-2018-32 and should be submitted on
or before December 10, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-25096 Filed 11-16-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47378-47380]
[FR Doc No: 2017-21935]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0462; FRL-9969-26--Region 4]

Air Plan Approval; Kentucky; Regional Haze Progress Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of a State Implementation Plan (SIP) revision submitted by the
Commonwealth of Kentucky through the Kentucky Energy and Environment
Cabinet, Division of Air Quality (KDAQ) on September 17, 2014.
Kentucky's September 17, 2014, SIP revision (Progress Report) addresses
requirements of the Clean Air Act (CAA or Act) and EPA's rules that
require each state to submit periodic reports describing progress
towards reasonable progress goals (RPGs) established for regional haze
and a determination of the adequacy of the state's existing SIP
addressing regional haze (regional haze plan). EPA is finalizing
approval of Kentucky's determination that the Commonwealth's regional
haze plan is adequate to meet these RPGs for the first implementation
period covering through 2018 and requires no substantive revision at
this time.

DATES: This rule will be effective November 13, 2017.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2016-0462. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Notarianni can be reached by phone at<PHONE_NUMBER>
and via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    States are required to submit a progress report in the form of a
SIP revision during the first implementation period that evaluates
progress towards the RPGs for each mandatory Class I federal area \1\
(Class I area) within the state and for each Class I area outside the
state which may be affected by emissions from within the state. 40 CFR
51.308(g). In addition, the provisions of 40 CFR 51.308(h) require
states to submit, at the same time as the 40 CFR

51.308(g) progress report, a determination of the adequacy of the
state's existing regional haze plan. The progress report is due five
years after submittal of the initial regional haze plan. On September
17, 2014, Kentucky submitted its Progress Report which, among other
things, detailed the progress made in the first period toward
implementation of the long term strategy outlined in the Commonwealth's
regional haze plan; the visibility improvement measured at Mammoth Cave
National Park (Mammoth Cave), the only Class I area within Kentucky,
and at Class I areas outside of the Commonwealth potentially impacted
by emissions from Kentucky; and a determination of the adequacy of the
Commonwealth's existing regional haze plan.
---------------------------------------------------------------------------

    \1\ Areas designated as mandatory Class I federal areas consist
of national parks exceeding 6000 acres, wilderness areas and
national memorial parks exceeding 5000 acres, and all international
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)).
These areas are listed at 40 CFR part 81, subpart D.
---------------------------------------------------------------------------

    In a notice of proposed rulemaking (NPRM) published on August 7,
2017 (82 FR 36707), EPA proposed to approve Kentucky's Progress Report.
The details of Kentucky's submission and the rationale for EPA's
actions are explained in the NPRM. Comments on the proposed rulemaking
were due on or before September 6, 2017. EPA received no adverse
comments on the proposed action.

II. Final Action

    EPA is finalizing approval of Kentucky's September 17, 2014,
Progress Report as meeting the applicable regional haze requirements
set forth in 40 CFR 51.308(g) and (h).

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Act. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 11, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.

    Dated: September 28, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart S--Kentucky

0
2. Section 52.920(e), is amended by adding an entry for ``September
2014 Regional Haze Progress Report'' at the end of the table to read as
follows:

Sec.  52.920   Identification of plan.

* * * * *
    (e) * * *

                                                     EPA-Approved Kentucky Non-Regulatory Provisions
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                                                                                State
 Name of non-regulatory SIP provision   Applicable geographic or nonattainment  submittal date/           EPA approval date               Explanations
                                                         area                   effective date
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                                                                      * * * * * * *
September 2014 Regional Haze Progress   Kentucky..............................      09/17/2014  10/12/2017, [Insert citation of        .................
 Report.                                                                                publication].
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[FR Doc. 2017-21935 Filed 10-11-17; 8:45 am]
 BILLING CODE 6560-50-P