[Federal Register: March 10, 2009 (Volume 74, Number 45)]
[Proposed Rules]
[Page 10202-10204]
[DOCID:fr10mr09-19]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0213; Directorate Identifier 2008-NM-224-AD]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Model MD-90-30
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain McDonnell Douglas Model MD-90-30 airplanes. This proposed AD
would require installing fuses and wire protection in certain wing and
fuel tank spars. This proposed AD results from fuel system reviews
conducted by the manufacturer. We are proposing this AD to prevent
possible damage to the fuel level float or pressure switch wires. Such
damage could become a potential ignition source inside the fuel tank,
and, combined with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by April 24, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0213;
Directorate Identifier 2008-NM-224-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(67 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: single failures, single failures in
combination with another latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
    We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in a fuel tank explosion and consequent loss of the airplane.
    We have received a report that fuel level float switch wires
located on the left and right wing forward spar, center fuel tank
forward spar and forward auxiliary fuel tank, and pressure switch wires
located on the center fuel tank forward spar are routed in the same
bundles as power wires. If a short circuit between a fuel level float
or pressure switch wire and a power wire occurs, an over current can
cause excessive temperatures in the fuel level float or pressure switch
wires, resulting in damage and becoming a potential ignition source.
This condition, if not corrected, could result in possible damage to
the fuel level float or pressure switch wires, and become a potential
ignition source for the fuel tank.

Relevant Service Information

    We have reviewed Boeing Service Bulletin MD90-28-012, dated
November 19, 2008. The service bulletin describes procedures for
installing fuses and wire protection in certain wing and fuel tank
spars. For Group 1, the service bulletin describes procedures for
installing fuel level float switch in-line fuses and wire protection in
the left and right wing forward spars and center fuel tank forward
spar, right side. For Group 2, the service bulletin describes
procedures for installing fuel level float switch in-line fuses and
wire protection in the left and right wing forward spars, center fuel
tank forward spar, right side, and forward auxiliary fuel tank, right
side; and installing a fuel pressure switch in-line fuse and wire
protection in the center fuel tank forward spar, left side.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the(se) same type
design(s). This proposed AD would require accomplishing the

actions specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD would affect 15 airplanes of U.S.
registry. The following table provides the estimated costs for U.S.
operators to comply with this proposed AD.

                                                                 Table--Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
              Action                    Work hours        Average labor          Parts           Cost per product      registered         Fleet cost
                                                          rate per hour                                                airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Installation, depending on Group.  20 or 26............             $80   $1,132 or $1,822...  $2,732 or $3,902...              15   $40,980 to $58,530.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866,
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979), 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.
    You can find our regulatory evaluation and the estimated costs of
compliance 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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

McDonnell Douglas: Docket No. FAA-2009-0213; Directorate Identifier
2008-NM-224-AD.

Comments Due Date

    (a) We must receive comments by April 24, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Model MD-90-30
airplanes, certificated in any category, excluding fuselage number
2159.

Subject

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

Unsafe Condition

    (e) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent possible damage to
the fuel level float or pressure switch wires. Such damage could
become a potential ignition source inside the fuel tank, and, when
combined with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Installation

    (g) Within 5 years after the effective date of this AD, do the
actions specified in paragraph (g)(1) or (g)(2) of this AD, as
applicable, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin MD90-28-012, dated November 19, 2008 (``the
service bulletin'').
    (1) For Group 1 airplanes identified in the service bulletin,
install fuel level float switch in-line fuses and wire protection in
the left and right wing forward spars and center fuel tank forward
spar, right side.
    (2) For Group 2 airplanes identified in the service bulletin,
install fuel level float switch in-line fuses and wire protection in
the left and right wing forward spars, center fuel tank forward
spar, right side, and forward auxiliary fuel tank, right side; and
install a fuel pressure switch in-line fuse and wire protection in
the center fuel tank forward spar, left side.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. Send
information to Attn: Samuel Lee, Aerospace Engineer, Propulsion
Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office,
3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone
(562) 627-5262; fax<PHONE_NUMBER>.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.

    Issued in Renton, Washington, on February 27, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E9-5014 Filed 3-9-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: December 28, 2007 (Volume 72, Number 248)]
[Notices]
[Page 73965]
[DOCID:fr28de07-212]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Forty-Third Meeting, RTCA Special Committee 186: Automatic
Dependent Surveillance-Broadcast (ADS-B)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 186 Automatic Dependent
Surveillance-Broadcast (ADS-B) meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 186 Automatic Dependent Surveillance-
Broadcast (ADS-B).

DATES: The meeting will be held January 15-18, 2008, at 9 a.m. (Unless
Otherwise noted).

ADDRESSES: The meeting will be held at Hilton Melbourne Beach
Oceanfront Hotel, Melbourne, FL.

FOR FURTHER INFORMATION CONTACT: (1) RTCA Secretariat (Hal Moses), 1828
L Street, NW., Suite 805, Washington, DC 20036,<PHONE_NUMBER>; fax
(202) 833-9434; Web site http://www.rtca.org. (2) Hosted by: Rockwell

Collins.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Special Committee 186 meeting. The agenda will
include:
     January 15:
     All Day, ASSAP Subgroup.
     All Day; CDTI Subgroup.
     January 16:
     All Day, WG1/ATSA SURF IA Subgroup.
     All Day, ASSAP Subgroup.
     All Day, CDTI Subgroup.
     January 17:
     All Day, WG1/ASTA SURF IA Subgroup.
     All Day, ASSAP Subgroup.
     All Day, CDTI Subgroup.
     January 18:
     Open Plenary (Chairman's Introductory Remarks, Review
Meeting Agenda, Review/Approval of the Forty-Second Meeting Summary,
RTCA Paper No. 286-07/SC186-255, Date, Place, and Time of Next
Meeting).
     FAA Surveillance and Broadcast Services (SBS) Program--
Status.
     Final Report of Ad-hoc Committee on Applications
Standardization Process.
     Working Group Reports.
     WG-1--Operations and Implementation.
     WG-2--TIS-B MASPS.
     WG-3--1090 MHz MOPS.
     WG-4--Applications Technical Requirements.
     WG-5--UAT MOPS.
     RFG--Requirements Focus Group.
     Closing Plenary Session (New/Other Business, Review
Actions Items/Work Program, Adjourn).
     NOTE:
     AD--Application Development.
     ASAS--Aircraft Surveillance Applications System.
     ASSAP--Airborne Surveillance & Separation Assurance
Processing.
     CDTI--Cockpit Display of Traffic Information.
     MASPS--Minimum Aviation System Performance Standards.
     MOPS--Minimum Operational Performance Standards.
     NRA--Non-Radar Airspace.
     RFG--Requirements Focus Group.
     STP--Surveillance Transmit Processing.
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on December 12, 2007.
Robert L. Bostiga,
RTCA Advisory Committee (Acting).
[FR Doc. 07-6189 Filed 12-27-07; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: December 7, 2005 (Volume 70, Number 234)]
[Notices]
[Page 72866]
[DOCID:fr07de05-131]

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SECURITIES AND EXCHANGE COMMISSION

Issuer Delisting; Notice of Application of SJW Corp. To Withdraw
Its Common Stock, $1.042 Par Value, From Listing and Registration on
the American Stock Exchange LLC File No. 1-08966

December 1, 2005.
    On November 10, 2005, SJW Corp., a California corporation
(``Issuer''), filed an application with the Securities and Exchange
Commission (``Commission''), pursuant to section 12(d) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 12d2-2(d)
thereunder,\2\ to withdraw its common stock, $1.042 par value
(``Security''), from listing and registration on the American Stock
Exchange LLC (``Amex'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    On October 27, 2005, the Board of Directors (``Board'') of the
Issuer approved a resolution to withdraw the Security from listing on
Amex. The Board decided that it is in the best interest of the Issuer
to list the Security on the New York Stock Exchange (``NYSE''). In
order to avoid the direct and indirect costs and the division of the
market resulting from dual listing on Amex and NYSE, the Board decided
to withdraw the Security from listing on Amex.
    The Issuer stated in its application that it has met the
requirements of Amex Rule 18 by complying with all applicable laws in
effect in the State of California, in which it is incorporated, and
provided written notice of withdrawal to Amex.
    The Issuer's application relates solely to the withdrawal of the
Security from listing on the Amex, and shall not affect its continued
listing on the NYSE or its obligation to be registered under section
12(b) of the Act.\3\
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    \3\ 15 U.S.C. 78l(b).
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    Any interested person may, on or before December 23, 2005, comment
on the facts bearing upon whether the application has been made in
accordance with the rules of Amex, and what terms, if any, should be
imposed by the Commission for the protection of investors. All comment
letters may be submitted by either of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/delist.shtml.
 ); or     Send an e-mail to<EMAIL_ADDRESS>Please include

the File Number 1-08966 or;

Paper Comments:

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.

All submissions should refer to File Number 1-08966. This file number
should be included on the subject line if e-mail is used. To help us
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/delist.shtml). Comments are

also available for public inspection and copying in the Commission's
Public Reference Room. All comments received will be posted without
change; we do not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly.
    The Commission, based on the information submitted to it, will
issue an order granting the application after the date mentioned above,
unless the Commission determines to order a hearing on the matter.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\4\
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    \4\ 17 CFR 200.30-3(a)(1).
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Jonathan G. Katz,
Secretary.
[FR Doc. E5-6983 Filed 12-6-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Notices]
[Pages 25330-25331]
[FR Doc No: 2011-10744]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP11-216-000]

Texas Eastern Transmission, LP; Notice of Request Under Blanket
Authorization

    Take notice that on April 18, 2011 Texas Eastern Transmission, LP
(Texas Eastern), 5400 Westheimer Court, Houston, Texas 77056, filed in
Docket No. CP11-216-000, a Prior Notice request pursuant to sections
157.205 and 157.216 of the Commission's Regulations under the Natural
Gas Act for authorization to abandon in place, 7.1-miles of its 16-inch
pipeline located in Federal waters in the Gulf of Mexico near
Louisiana. The proposed abandonment will not result in the termination
of any services to Texas Eastern's customers, all as more fully set
forth in the application which is on file with the Commission and open
to public inspection. The filing may also be viewed on the Web at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call

toll-free,<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Any questions regarding this Application should be directed to
Marcy Collins, Associate General Counsel, Texas Eastern Transmission,
LP, P.O. Box 1642, Houston, Texas 77251, or call<PHONE_NUMBER>, or fax
(713) 989-3191, or by e-mail<EMAIL_ADDRESS>    Any person may, within 60 days after the 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. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the NGA (18 CFR 157.205) file 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
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a protest, the instant request shall be
treated as an application for authorization pursuant to section 7 of
the NGA.
    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, will receive
copies of the environmental documents, and will be notified of meetings
associated with he 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 commentary will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
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 via the Internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

    Dated: April 27, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-10744 Filed 5-3-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Proposed Rules]
[Pages 5480-5482]
[FR Doc No: 2017-00861]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-1041]
RIN 1625-AA08

Special Local Regulation; Pago Pago Harbor, American Samoa

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent special
local regulation for the Annual Fautasi Ocean Challenge canoe race in
Pago Pago Harbor, American Samoa. This annual event historically occurs
during the weeks of Veteran's Day and Thanksgiving Day. This action is
necessary to safeguard the participants and spectators, including all
crews, vessels, and persons on the water in Pago Pago Harbor during the
event. This regulation will functionally close the port to vessel
traffic during the race, but will not require the evacuation of any
vessels from the harbor. Entry into, transiting, or anchoring in the
harbor would be prohibited to all vessels not registered with the
sponsor as participants or not part of the race patrol, unless
specifically authorized by the Captain of the Port (COTP) Honolulu or a
designated representative. Vessels who are already moored or anchored
in the harbor seeking permission to remain there shall request
permission from the COTP unless deemed a spectator vessel that is
moored to a waterfront facility within the regulated area. The area
forming the subject of this permanent special local regulation is
described below. We invite your comments on this notice of proposed
rulemaking (NPRM).

DATES: Comments and related material must be received by the Coast
Guard on or before February 17, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-1041 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander Nicolas Jarboe,
Waterways Management Division, U.S. Coast Guard Sector Honolulu;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port, Honolulu
CFR Code of Federal Regulations
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    This annual event will consist of a series of races entirely within
Pago Pago Harbor between longboats with paddling crews of 30-50 persons
each. It is anticipated that a large number of spectator pleasure craft
will be drawn to the event. Spectator vessels and commercial vessel
traffic would pose a significant safety hazard to the longboats,
longboat crew members, and other persons and vessels involved with the
event due to the longboats limited maneuverability within the port.
    The Captain of the Port, Honolulu (COTP), proposes to establish a
permanent special local regulation for Pago Pago Harbor to minimize
vessel traffic in Pago Pago Harbor before, during, and after the
scheduled event to safeguard persons and vessels during the longboat
races. A regulated area is a water area, shore area, or water and shore
area, for safety or environmental purposes, of which access is limited
to authorized persons, vehicles, or vessels. The statutory basis for
this rulemaking is 33 U.S.C. 1233, which gives the Coast Guard, under a
delegation from the Secretary of the Department of Homeland Security,
regulatory authority to enforce the Ports and Waterways Safety Act.

III. Discussion of Proposed Rule

    This rule will create a permanent special local regulation in Pago
Pago Harbor. The regulated area will close the harbor to all vessels
not authorized by the COTP for entry into, transiting, or anchoring
within the port for the duration of the event. The COTP will authorize
registered participants, support vessels, and enforcement vessels to
enter and remain in the area. No other vessels will be permitted to
enter the regulated area without obtaining permission from the COTP or
a designated representative. The harbor will remain closed until the
Coast Guard issues an ``All Clear'' after races have concluded and the
harbor is deemed safe for normal operations. This rule will not require
any vessel already moored to evacuate the port, provided they are
moored in such a way that they do not interfere with the event. The
proposed regulatory text appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866. This
determination is based on the size, location, duration, and time-of-day
of the safety zone. Accordingly, this NPRM has not been reviewed by the
Office of Management and Budget.
    Under this NPRM, the Coast Guard would issue a Broadcast Notice to
Mariners with information pertaining to the regulated area via VHF-FM
marine channel 16.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    Some owners or operators of vessels intending to transit the
regulated area may be small entities and may not be authorized to do
so. However, given the

short duration of this proposed temporary rule, this would not create a
significant economic impact on a substantial number of these entities.
Moreover, the rule would allow all vessels to seek permission from the
Coast Guard to enter the regulated area.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
    If you believe this proposed rule would have substantial direct
effects on federalism or tribal governments, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such expenditure, we discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a
temporary and limited safety zone in Pago Pago Harbor. Normally such
actions are categorically excluded from further review under paragraph
34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:

PART 100--SPECIAL LOCAL REGULATIONS/REGATTAS AND MARINE PARADES.

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.1401 to read as follows:

Sec.  100.1401   Special Local Regulation; Annual Fautasi Ocean
Challenge Canoe Race, Pago Pago Harbor, America Samoa.

    (a) Location. The following regulated area is established as a
special local regulation: Breakers Point (eastern edge of Pago Pago
Harbor entrance) thence southeast to 14[deg]18'47'' S.,
170[deg]38'54.5'' W. thence southwest to 14[deg]19'03'' S.,
170[deg]39'14'' W., thence northwest to Tulutulu Point and then
following the coastline encompassing Pago Pago Harbor. This regulated
area extends from the surface of the water to the ocean floor.
    (b) Enforcement period. This annual event historically occurs in
November

during the weeks of Veterans Day and Thanksgiving Day. The Captain of
the Port Honolulu, will establish enforcement dates that will be
announced by Notice of Enforcement, Local Notice to Mariners, Broadcast
Notice to Mariners, on-scene designated representatives, and outreach.
    (c) Regulations. (1) All persons and vessels not registered with
the sponsor as participants or support/enforcement vessels are
considered spectators. The ``support/enforcement vessels'' consist of
any territory, or local law enforcement and sponsor provided vessels
assigned or approved by the Captain of the Port Honolulu to patrol the
regulated area.
    (2) No spectator shall anchor, block, loiter or impede the transit
of participants or support/enforcement vessels in the regulated area
during the enforcement dates and times, unless cleared for entry by or
through a support/enforcement vessel.
    (3) Spectator vessels may be moored to a waterfront facility within
the regulated area in such a way that they shall not interfere with the
progress of the event. Such mooring must be complete at least 30
minutes prior to the establishment of the regulated area and remain
moored through the duration of the event.
    (d) Informational Broadcasts. The Captain of the Port Honolulu,
will establish enforcement dates and times with a Notice of
Enforcement. If circumstances render enforcement of the regulated area
unnecessary for the entirety of these periods, the Captain of the Port
or his designated representative will inform the public through
broadcast notices to mariners that the regulated area is no longer
being enforced. The harbor will remain closed until the Coast Guard
issues an ``All Clear'' for the harbor after the race has concluded and
the harbor is deemed safe for normal operations.
    (e) Penalties. Vessels or persons violating this rule may be
subject to the penalties set forth in 33 U.S.C. 1233.

    Dated: January 10, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2017-00861 Filed 1-17-17; 8:45 am]
 BILLING CODE 9110-04-P


Jeff Herzog 11/ 12/ 2003 03: 32 PM To: Andrea. Grant@ piperrudnick. com, ddoane@ ilta. org, dgilligan@ pmaa. org, LidiakP@ api. org, MELeister@ MAPLLC. com, Charlie_ Drevna@ npradc. org, BBrown@ ColPipe. com, MJoy@ AOPL. com, GScott@ colliershannon. com cc: jhuber@ nora oilheat. org, JScandola@ buckeye. com Subject: Suggested revision to proposed heating oil marker requirement Gentlefolk, I have been exploring the idea raised by industry of excluding parts of PADD 1 from the proposed heating oil marker requirements ( for 2007 2010) a bit further.

Under such an approach:  Terminals in the exclusion area would not be required to add the marker to heating oil.  Terminals outside of the area would be required to add the marker to heating oil.  No high sulfur (> 500 ppm) small refiner or credit NRLM could be used in the exclusion area. All high sulfur fuel (> 500 ppm) would be for use as heating oil only.

John Huber of NORA also suggested such an approach in written comments that he filed to the NR rule docket this week. I think that we might also have to put in place some restrictions on bulk shipments ( by pipeline and barge) of unmarked heating oil out of the exclusion area. Its currently unclear to me whether we would also need to put in place restrictions on the shipment by truck of unmarked heating oil out of the exclusion area.

If we were to take such an approach, my initial evaluation suggests that the following area might be the best fit wrt to reducing the potential costs of the proposed heating oil marker requirement while maintaining the potential benefits of the proposed small refiner and credit provisions: >>>> No marker would required in heating oil ( and no high sulfur small refiner and credit NRLM fuel) in PADDs 1A and 1B except the area in PADDs 1A and 1B which also belongs to " Appalachian No. 1" ( i. e. Western NY, and PA, and West Virginia).

Any thoughts?

I also asked Jim Scandola ( of Buckeye pipeline) and John Huber for their input. Feel free to respond by e mail or to give me a call. I plan to docket any exchange of e mails on the subject. Please don't read too much into this. We just want to flesh the idea out so we can evaluate it fully.

Best Regards Jeffrey A. Herzog, Mechanical Engineer United States Environmental Protection Agency National Vehicle and Fuel Emissions Laboratory Assessment and Standards Division 2000 Traverwood Drive Ann Arbor, Michigan, 48105 Phone: ( 734) 214 4227 Fax: ( 734) 214 4816 E Mail: herzog. jeff@ epa. gov


[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1769-1771]
[FR Doc No: 2012-317]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66106; File No. SR-NYSE-2011-73]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change by New York Stock Exchange LLC
To Amend the Schedule of Rebates Paid to Supplemental Liquidity
Providers for Providing Liquidity

January 5, 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 30, 2011, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. 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 proposes to amend its Price List to revise its
schedule of rebates paid to Supplemental Liquidity Providers (``SLPs'')
for providing liquidity on the Exchange. The text of the proposed rule
change is available at the Exchange's principal office, at
www.nyse.com, at the Commission's Public Reference Room, and at the
Commission's Web site at www.sec.gov.

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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Price List to revise its
schedule of rebates paid to SLPs for providing liquidity on the
Exchange.
    Currently, under a tiered structure of credits, a SLP that meets
the 10% average or more quoting requirement pursuant to NYSE Rule 107B
in an assigned security with a per share stock price of $1.00 or more
receives a credit per share per transaction for adding liquidity in the
applicable month as follows: \3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 65062 (August 9,
2011), 76 FR 50529 (August 15, 2011) (SR-NYSE-2011-39).
---------------------------------------------------------------------------

     $0.0020 credit per share per transaction if the SLP adds
liquidity of an average daily volume of more than 10 million shares but
not more than the greater of 15 million shares or 0.50% of consolidated
average daily volume (``ADV'') \4\ in NYSE listed securities for all
assigned SLP securities; and
---------------------------------------------------------------------------

    \4\ Consolidated ADV is equal to the volume reported by all
exchanges and trade reporting facilities to the Consolidated Tape
Association (``CTA'') Plan for Tape A (i.e., NYSE listed)
securities.
---------------------------------------------------------------------------

     $0.0021 credit per share per transaction if the SLP adds
liquidity of the greater of (a) an ADV of more than 15 million shares
but not more than 35 million shares or (b) more than 0.50% but not more
that 1.25% of consolidated ADV in NYSE listed securities for all
assigned SLP securities; and
     $0.0022 credit per share per transaction if the SLP adds
liquidity of the greater of (a) an ADV of more than 35 million shares
or (b) more than 1.25% of consolidated ADV in NYSE listed securities
for all assigned SLP securities.
    For example, under current procedures, if a SLP is assigned three
securities and meets the 10% quoting requirement pursuant to NYSE Rule
107B for each assigned security, the SLP must add liquidity of at least
10 million shares ADV for all three assigned securities in the
aggregate to receive a rebate per share of $0.0020. To receive a rebate
of $0.0021 per share, the SLP must add liquidity of at least 15 million
shares ADV for all three assigned securities in the aggregate, or the
ADV for added liquidity of the three assigned securities must be at
least 0.50% of the consolidated Tape A ADV, whichever is greater. Thus,
if consolidated Tape A ADV is 4 billion shares, then the SLP's added
liquidity for the three assigned

stocks in the aggregate must be at least 20 million shares (or 0.5%. of
4 billion), since 0.5% of 4 billion is more than 15 million shares ADV
for all three assigned securities.
    The Exchange proposes to amend these credits as described below. A
SLP that meets the 10% average or more quoting requirement in an
assigned security pursuant to NYSE Rule 107B will receive a credit per
share per transaction for adding liquidity as follows:
     $0.0020 credit per share per transaction if the SLP adds
liquidity of an ADV of more than 10 million shares for all assigned SLP
securities in the aggregate and, for each assigned SLP security, adds
liquidity of not more than 1.0% of the consolidated ADV for that
assigned SLP security in the applicable month; and
     $0.0021 credit per share per transaction if the SLP adds
liquidity of an ADV of more than 10 million shares for all assigned SLP
securities in the aggregate and, for each assigned SLP security, adds
liquidity of more than 1.0% but not more than 2.5% of the consolidated
ADV for that assigned SLP security in the applicable month; and
     $0.0022 credit per share per transaction if the SLP adds
liquidity of an ADV of more than 10 million shares for all assigned SLP
securities in the aggregate and, for each assigned SLP security, adds
liquidity of more than 2.5% of the consolidated ADV for that assigned
SLP security in the applicable month.
    For example, under the proposed procedures, if a SLP is assigned
three securities, S1, S2, and S3, and meets the 10% quoting requirement
pursuant to NYSE Rule 107B for each assigned security, the SLP must add
liquidity of at least 10 million shares ADV for all three assigned
securities in the aggregate to receive a rebate per share of $0.0020
(``Tier 3''). To receive a rebate of $0.0021 per share for S1, the SLP
must meet the Tier 3 requirements and must add liquidity of more than
1.0% but not more than 2.5% of the consolidated ADV for S1 (``Tier
2''). To receive a rebate of $0.0022 per share for S1, the SLP must
meet the Tier 3 requirements and must add liquidity of more than 2.5%
of the consolidated ADV for S1 (``Tier 1''). Assuming the SLP meets the
10% quoting requirement pursuant to NYSE Rule 107B, the following chart
illustrates the application of the proposed rebates when the SLP adds
liquidity to the extent specified below:

----------------------------------------------------------------------------------------------------------------
                                                                                Percentage of
                                                          SLP provide ADV    Consolidated ADV   consolidated ADV
                   Assigned security                        per security       per security     provided by SLP
                                                                                (%)
----------------------------------------------------------------------------------------------------------------
S1.....................................................          6,000,000        100,000,000                6.0
S2.....................................................          4,000,000        220,000,000                1.8
S3.....................................................          2,000,000        250,000,000                0.8
                                                        --------------------------------------------------------
    Aggregate of all Assigned Securities...............         12,000,000
----------------------------------------------------------------------------------------------------------------

    The SLP would receive a Tier 3 rebate of $0.0020 per share for S3,
because it added liquidity of at least 10 million shares for all
assigned securities (12 million shares ADV total), but did not exceed
1.0% of the consolidated ADV for S3. The SLP would receive a Tier 2
rebate of $0.0021 per share for S2, because it added liquidity of at
least 10 million shares for all assigned securities, exceeded 1.0% of
the consolidated ADV for S2, but did not exceed 2.5% of consolidated
ADV for S2. Lastly, the SLP would receive a Tier 1 rebate of $0.0022
per share for S1, because it added liquidity of at least 10 million
shares for all assigned securities and exceeded 2.5% of the
consolidated ADV for S3.
    The calculation of consolidated ADV and SLP adding liquidity for an
assigned SLP security will include only those days and volumes when the
SLP security was assigned to a SLP and will also not include those days
and volumes where the SLP security was not listed on the Exchange for
trading. For example, if a SLP security is added or deleted in the
middle of the month, then the volume and quoting requirements will be
based on the average of the days when the SLP was acting as such during
the calendar month.\5\
---------------------------------------------------------------------------

    \5\ In addition, ADV calculations also exclude early closing
days. See note 4 of the Price List.
---------------------------------------------------------------------------

    The proposed fee changes will be effective January 1, 2012.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act, in general, and Section
6(b)(4) \6\ of the Act, in particular, in that it is designed to
provide for the equitable allocation of reasonable dues, fees, and
other charges among its members and other persons using its facilities.
The Exchange believes the proposed pricing tiers are equitable and non-
discriminatory because they are open to all SLPs on an equal basis and
provide incentives that are reasonably related to a SLP's additional
quoting and liquidity obligations in each security. The linking of the
adding liquidity requirement to the percent of consolidated ADV for
each individual security will reward SLPs for adding more liquidity and
meeting the quoting requirement in an individual security, while also
requiring the SLP to meet the total ADV of added liquidity requirement
of 10 million shares. The Exchange notes that, while the proposed
change in requirements to receive the rebates of $0.0021 and $0.0022
are reduced in the aggregate, they are increased on an individual stock
basis. Lastly, the Exchange believes the requirement to meet a
percentage of consolidated ADV in an individual security should
increase incentive to add liquidity across more securities, including
less active securities where there may be fewer liquidity providers and
thus make it more likely to reach the individual percentage of
consolidated ADV requirement than in more active securities.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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

    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 effective upon filing pursuant to
Section 19(b)(3)(A)(ii) of the Act \7\ and subparagraph (f)(2) of Rule
19b-4 \8\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange. At any time within 60 days of the
filing of such 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2011-73 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-NYSE-2011-73. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2011-73 and should be
submitted on or before February 1, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-317 Filed 1-10-12; 8:45 am]
BILLING CODE 8011-01-P


Assessing the Effect of Five Gasoline Properties on Exhaust Emissions from Light-Duty Vehicles certified to Tier-2 Standards

                       Analysis of Data from EPA Phase 3

                                (EPAct/V2/E-89)

                                 Appendix  N.3

                         Model Fitting Information for
                                Ethanol (Bag 1)

This appendix summarizes model fitting for Bag-1 Ethanol.  Model-fitting techniques and approaches summarized in Section 8.7.  Features of the data and modeling for this compound are listed below.
Fuel-parameter matrix:	FULL
Media contamination:	YES
No. measurements:	913
No. censored values:	193
Modeling approach:	TOBIT REGRESSION
Estimated Dependent Variable model:	YES

Models fit for Ethanol, Bag 1 (all models include an intercept term)
Model Term
                                   Notation
                                     Model

                                     Full
FM6
FM9
FM10
FM11
                                     etOH
Ze
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                     Arom
Za
                                      ●
                                      ●
                                      x

                                      RVP
Zr
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      T50
Z5
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      T90
Z9
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                 etOH x etOH
ZZee
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                  T50 x T50
ZZ55
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                 etOH x Arom
ZZea
                                      ●
                                      x

                                  etOH x T50
ZZe5
                                      ●
                                      x

                                  etOH x T90
ZZe9
                                      ●
                                      x

                                  etOH x RVP
ZZer
                                      ●
                                      x

                                  Arom x T50
ZZa5
                                      ●
                                      ●
                                      x

                                  Arom x T90
ZZa9
                                      ●
                                      x

                                  T90 x T90
ZZ99
                                      ●
                                      ●
                                      ●
                                      x

                                  T50 x T90
ZZ59
                                      ●
                                      ●
                                      ●
                                      ●
                                      x
                                  Arom x RVP
ZZar
                                      ●
                                      ●
                                      x

                                  RVP x T90
ZZr9
                                      ●
                                      x

 Model Fitting History for Ethanol, Bag 1 (FM11 selected as best-fit model).
                                Fit Parameters

                             Test with respect to
                                     Full

                             Test with respect to
                                Previous Model
Model
                                                                              p
-2lnL
BIC[1]

                                                                        Dev.[1]
                                                                              d
                                                                    Pr>χ[2]

                                                                           Dev.
                                                                              d
                                                                    Pr>χ[2]
Full
                                                                             18
632.42
750.84

FM6
                                                                             12
633.33
712.28

                                                                         0.9125
                                                                              6
                                                                           0.99

FM9
                                                                              9
634.97
694.18

                                                                         2.5494
                                                                              9
                                                                           0.98

                                                                         1.6369
                                                                              3
                                                                           0.65
FM10
                                                                              8
635.10
687.74

                                                                         2.6863
                                                                             10
                                                                           0.99

                                                                         0.1369
                                                                              1
                                                                           0.71
FM11
                                                                              7
637.88
683.93

                                                                         5.4581
                                                                             11
                                                                           0.91

                                                                         2.7719
                                                                              1
                                                                          0.095
[1] A lower value indicates a better fit.

[1] The deviation is the difference in
the -2loglik statistics for the
nested and reference models,
respectively, per Equation 14.

Coefficients and Tests of Effect for the Full and Best-Fit Models  -  Ethanol (Bag 1).
Effect

                                  Full Model

                             Best-Fit Model (FM11)

Estimate
Std.Err.
d.f.
t-value
Pr>t

                                                                       Estimate
Std.Err.
d.f.
t-value
Pr>t
Intercept[1]

                                                                             15

                                                                        -4.9081

Ze

                                                                         1.4759
                                                                        0.07240
                                                                             15
                                                                          20.38
                                                                    <0.00001

                                                                         1.4643
                                                                        0.07115
                                                                             15
                                                                          20.56
                                                                    <0.00001
Za

                                                                        -0.0067
                                                                        0.04327
                                                                             15
                                                                          -0.16
                                                                           0.88

Zr

                                                                       -0.05004
                                                                        0.04316
                                                                             15
                                                                          -1.16
                                                                           0.26

                                                                       -0.05990
                                                                        0.02940
                                                                             15
                                                                          -2.06
                                                                          0.057
Z5

                                                                         0.1050
                                                                        0.03806
                                                                             15
                                                                           2.76
                                                                          0.015

                                                                        0.07188
                                                                        0.02964
                                                                             15
                                                                           2.37
                                                                          0.032
Z9

                                                                        -0.1261
                                                                        0.03701
                                                                             15
                                                                          -3.47
                                                                         0.0034

                                                                       -0.09990
                                                                        0.03574
                                                                             15
                                                                          -2.78
                                                                          0.014
ZZee

                                                                        -0.4787
                                                                        0.06014
                                                                             15
                                                                          -7.96
                                                                    <0.00001

                                                                        -0.4967
                                                                        0.05229
                                                                             15
                                                                          -9.51
                                                                    <0.00001
ZZ55

                                                                         0.1261
                                                                        0.05018
                                                                             15
                                                                           2.51
                                                                          0.024

                                                                         0.1121
                                                                        0.03826
                                                                             15
                                                                           2.90
                                                                          0.011
ZZea

                                                                      -0.005952
                                                                        0.03881
                                                                             15
                                                                          -0.15
                                                                           0.88

ZZe5

                                                                        0.02820
                                                                        0.05277
                                                                             15
                                                                           0.54
                                                                           0.60

ZZe9

                                                                      0.0008509
                                                                        0.06491
                                                                             15
                                                                         0.0090
                                                                           0.99

ZZer

                                                                        0.03237
                                                                        0.05103
                                                                             15
                                                                           0.64
                                                                           0.53

ZZa5

                                                                        0.03318
                                                                        0.03212
                                                                             15
                                                                           1.04
                                                                           0.32

ZZa9

                                                                       -0.01143
                                                                        0.03461
                                                                             15
                                                                          -0.33
                                                                           0.74

ZZ99

                                                                        -0.5112
                                                                        0.04523
                                                                             15
                                                                          -1.13
                                                                           0.28

ZZ59

                                                                        0.05311
                                                                        0.04341
                                                                             15
                                                                           1.22
                                                                           0.24

ZZar

                                                                        0.04136
                                                                        0.02855
                                                                             15
                                                                           1.45
                                                                           0.17

ZZr9

                                                                      -0.008676
                                                                        0.04644
                                                                             15
                                                                          -0.20
                                                                           0.85

[1]

                                                                         0.1283

                                                                         0.5697

                                                                        0.05739

[1] Not fit by the model, but manually recalculated from intercepts for individual vehicles.

  Coefficients for Models (FM11) for individual Jackknife replicates used to calculate standard errors for model terms.


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Honeywell Presentation on 3-30-07

For more information please contact Ross Brennan by phone at
202-343-9226 or by email at   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>