[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Proposed Rules]
[Pages 23156-23158]
[FR Doc No: 2017-10137]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0477; Directorate Identifier 2016-NM-112-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., 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 Bombardier, Inc., Model CL-600-2B16 (CL-601-3A, CL-601-3R, and
CL-604 Variants) airplanes. This proposed AD was prompted by a report
indicating that the lanyard length of the passenger drop down oxygen
masks is too long. This proposed AD would require replacing the
existing oxygen mask lanyards with lanyards of the correct length. We
are proposing this AD to address the unsafe condition on these
products.

DATES: We must receive comments on this proposed AD by July 6, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0477; 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
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Cesar A. Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; 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-2017-0477;
Directorate Identifier 2016-NM-112-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 based on 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

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2016-15, dated June 1, 2016 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ''the MCAI''), to correct an
unsafe condition for certain Bombardier, Inc., Model CL-600-2B16 (CL-
601-3A, CL-601-3R, and CL-604 Variants) airplanes. The MCAI states:

    Bombardier (BA) has determined that the lanyard length of the
passenger drop down oxygen masks is too long and may cause the
safety pin tethered to the opposite end of the lanyard to remain
engaged in the oxygen flow mechanism when the mask is pulled to the
passenger's face. In an emergency situation where oxygen is
required, it is possible that certain passengers may not receive
oxygen

supply due to the increased length of the lanyard.
    [Bombardier] has issued service bulletin (SB) 605-35-003 to
replace the existing lanyards in the passenger oxygen box assemblies
with lanyards of the correct length. Incorporation of this
[Bombardier service bulletin] will restore the proper oxygen flow
functionality to the passenger oxygen masks in the event of an
emergency.
    This [Canadian] AD mandates the incorporation of [Bombardier
service bulletin] 605-35-003.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0477.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., issued Service Bulletin 605-35-003, Revision 02,
dated April 18, 2016. This service information describes procedures for
replacing the existing oxygen mask lanyards with lanyards of the
correct length. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    We estimate that this proposed AD affects 120 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
             Action                      Labor cost             Parts cost          product         operators
----------------------------------------------------------------------------------------------------------------
Replacement.....................  4 work-hours x $85 per    Not available.....            $340          $40,800
                                   hour = $340.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

    Bombardier, Inc.: Docket No. FAA-2017-0477; Directorate
Identifier 2016-NM-112-AD.

(a) Comments Due Date

    We must receive comments by July 6, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B16 (CL-601-
3A, CL-601-3R, and CL-604 Variants) airplanes, certificated in any
category, serial numbers 5702 through 5705 inclusive, 5707, 5709,
5710, 5712, 5714, 5715, 5718, 5719, 5722, 5723, 5725, 5727, 5728,
5731 through 5733 inclusive, 5735, 5736, 5740, 5742, 5743, 5745,
5746, 5748 through 5750 inclusive, 5752 through 5754 inclusive, 5756
through 5758 inclusive, 5760 through 5762 inclusive, 5764 through
5766 inclusive, 5768 through 5770 inclusive, 5772 through 5774
inclusive, 5776 through 5780 inclusive, 5782 through 5787 inclusive,
5790, 5791, 5793, 5794, 5796, 5797, 5799, 5800, 5802, 5803, 5805
through 5814 inclusive, 5816, 5818 through 5820 inclusive, 5823
through 5829 inclusive, 5831 through 5853 inclusive, 5856, 5857,
5859 through 5863 inclusive, 5865 through 5874 inclusive, 5876
through 5881 inclusive, 5883 through 5888 inclusive, 5890 through
5894 inclusive, 5896 through 5898 inclusive, 5900 through 5906
inclusive, 5908 through 5911 inclusive, 5913 through 5938 inclusive,
5940 through 5947 inclusive, 5949 through 5980 inclusive, 5982
through 5985 inclusive, 5987, and 5988.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by a report indicating that the lanyard
length of the passenger drop down oxygen masks is too long. The
length of the oxygen mask lanyard might cause the safety pin
tethered to the opposite end of the lanyard to remain

engaged in the oxygen flow mechanism when the mask is pulled to the
passenger's face. We are issuing this AD to prevent improper oxygen
flow functionality to the passenger oxygen masks in the event of an
emergency.

(f) Compliance

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

(g) Replacement of Oxygen Mask Lanyards

    Within 2,400 flight hours or 60 months, whichever occurs first
after the effective date of this AD, replace the existing lanyards
in the passenger oxygen box assemblies with lanyards of the correct
length, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 605-35-003, Revision 02, dated April 18,
2016.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Bombardier Service Bulletin 605-35-003, dated
January 28, 2016; or Bombardier Service Bulletin 605-35-003,
Revision 01, dated February 10, 2016.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO,
ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2016-15, dated June 1,
2016, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2017-0477.
    (2) For more information about this AD, contact Cesar A. Gomez,
Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171,
FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may view this service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 12, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-10137 Filed 5-19-17; 8:45 am]
 BILLING CODE 4910-13-P


From:  Randy Wiler<EMAIL_ADDRESS>Sent: Friday, December 23, 2016 3:56 PM To:  Jones, DonnaLee<EMAIL_ADDRESS>Raymond, Gabrielle<EMAIL_ADDRESS>Subject:  Operation and Maintenance Plan.doc

Dr. Jones,

Please find attached the Start-up and Shut Down Plan for Erie Coke Corporation.

If you have any questions, please contact the undersigned.

Sincerely Erie Coke Corporation

Randy Wiler Environmental Manager

<< Operation and Maintenance Plan.doc >>


[Federal Register: October 4, 2007 (Volume 72, Number 192)]
[Notices]
[Page 56731-56732]
[DOCID:fr04oc07-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-448-000]

El Paso Natural Gas Company; Notice of Application

September 27, 2007.
    Take notice that on September 18, 2007, El Paso Natural Gas Company
(El Paso), Post Office Box 1087, Colorado Springs, Colorado 80944,
filed in Docket No. CP07-448-000, an application under section 7 of the
Natural Gas Act (NGA) and Part 157 of the Federal Energy Regulatory
Commission's (Commission) regulations for a certificate of public
convenience and necessity authorizing the construction and operation of
a new compression facility to be located at its East Valley Lateral in
Pinal County, Arizona. The proposed Picacho Compressor Station will be
comprised of three gas-fired reciprocating compressor units totaling
8,290 horsepower.
    El Paso's proposal is more fully described as set forth in the
application that is on file with the Commission and open to public
inspection. The instant filing may be also 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, call<PHONE_NUMBER> or TTY, (202) 502-
8659.
    Any questions regarding the application should be directed to:
Richard Derryberry, Director of Regulatory Affairs, El Paso Natural Gas
Company, P.O. Box 1087, Colorado Springs, Colorado 80944 at (719) 520-
3782 or by fax at<PHONE_NUMBER>.
    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 final environmental impact statement (FEIS) or 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 FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the below listed comment date, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the

Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    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 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 (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.
    Motions to intervene, protests and comments may be filed
electronically via the Internet in lieu of paper; see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: October 24, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-19588 Filed 10-3-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)]
[Notices]
[Pages 30696-30697]
[FR Doc No: 2015-13020]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2015-0016; OMB No. 1660-0131]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Threat and Hazard Identification and Risk Assessment--
State Preparedness Report Unified Reporting Tool

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on a revision of a currently approved information
collection. In accordance with the Paperwork Reduction Act of 1995,
this notice seeks comments concerning the Threat and Hazard
Identification and Risk Assessment (THIRA)--State Preparedness Report
(SPR) Unified Reporting Tool.

DATES: Comments must be submitted on or before July 28, 2015.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at www.regulations.gov under Docket ID
FEMA-2015-0016. Follow the instructions for submitting comments.
    (2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street SW., 8NE, Washington, DC 20472-
3100.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link in the footer of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Leiloni Stainsby, Section Chief--
Assessments Branch, FEMA, National Preparedness Assessment Division, at
202-786-9737. You may contact the Records Management Division for
copies of the proposed collection of information at email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This package is a revision to the collection
originally approved as the State Preparedness Report, OMB Control
Number: 1660-0131. FEMA is updating the name of this collection from
``State Preparedness Report'' to the ``Threat and Hazard Identification
and Risk Assessment (THIRA)--State Preparedness Report (SPR) Unified
Reporting Tool'' to reflect more accurately the information and method
of collection. The Post-Katrina Emergency Management Reform Act of 2006
(PKEMRA), as amended by the Implementing Recommendations of the 9/11
Commission Act of 2007, established an annual requirement for the 56
States and territories to submit a State Preparedness Report (SPR).
    PKEMRA requires a report on current capability levels and a
description of targeted capability levels from all States and
territories receiving non-disaster preparedness grant funds
administered by the Department of Homeland Security. Each report must
also include a discussion of the extent to which target capabilities
identified in the applicable State homeland security plan and other
applicable plans are unmet, and an assessment of resources needed to
meet the preparedness priorities established under PKEMRA Section
646(e), including: (i) An estimate of the amount of expenditures
required to attain the preparedness priorities; and (ii) the extent to
which the use of Federal assistance during the preceding fiscal year
achieved the preparedness priorities. To meet this requirement, States
and territories first identify capability targets through the Threat
and Hazard Identification and Risk Assessment (THIRA) and then assess
against these targets in the SPR. It is also important to note that the
only allowable expenses under the grant awards are for completing the
THIRA/SPR and THIRA.
    FEMA holds annual after-action calls every January. All state and
local jurisdictions that complete the THIRA/SPR are invited to
participate and provide feedback on the collection process. FEMA uses
this after-action process to gather feedback on the utility of the
information and on how the burden can be further reduced. Participation
in these calls is voluntary. FEMA estimates that the time it takes to
participate in and respond to the THIRA/SPR After Action Conference
Calls is one hour per respondent for a total of 123 hours.

Collection of Information

    Title: Threat and Hazard Identification and Risk Assessment
(THIRA)--State Preparedness Report (SPR) Unified Reporting Tool.
    Type of Information Collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0131.
    FEMA Forms: FEMA Form 008-0-19, THIRA-SPR Unified Reporting Tool;
FEMA Form 008-0-20, THIRA-SPR Unified Reporting Tool; FEMA Form 008-0-
23, THIRA/SPR After Action Conference Calls.
    Abstract: This package is a revision to the collection originally
approved as the State Preparedness Report. The revised name more
accurately reflects exactly what information is collected and how. It
serves as a report on the current capability levels and a description
of targeted capability levels from all states and territories receiving
Federal preparedness assistance administered by the Department of
Homeland Security.
    Affected Public: State, Local or Tribal Government.
    Number of Respondents: 123.
    Number of Responses: 123.
    Estimated Total Annual Burden Hours: 71,363 hours.

                                                                           Estimated Annualized Burden Hours and Costs
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Number of                        Average  burden                          Average      Total annual
      Type of  respondent          Form name/form         Number of       responses per   Total number of   per  response (in     Total annual      hourly wage     respondent
                                       number            respondents       respondent        responses            hours)       burden (in hours)       rate            cost
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(Urban Areas) or Tribal          THIRA/FEMA Form     67................               1  67...............  408 hours........  27,336...........          $45.33   $1,239,140.88
 Government.                      008-0-19.
State or Territory.............  SPR-THIRA/FEMA      56................               1  56...............  784 hours........  43,904...........           45.33    1,990,168.32
                                  Form 008-0-20.
THIRA/SPR After Action           FEMA Form 008-0-23  123 (same as the                 1  123 (same as the   1................  123..............  ..............  ..............
 Conference Call.                                     participants                        participants
                                                      above, no                           above, no
                                                      additional                          additional
                                                      participants).                      participants).
                                ----------------------------------------------------------------------------------------------------------------------------------------------------------------
    Total......................  ..................  123...............  ..............  123..............  .................  71,363...........  ..............    3,234,884.79
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 Note: The ``Avg. Hourly Wage Rate'' for each respondent includes a 1.4 multiplier to reflect a fully-loaded wage rate.

    Estimated Cost: The estimated annual cost to respondents for the
hour burden is $3,234,884.79. The estimated annual cost to respondents
operations and maintenance costs for technical services is $10,833,275.
There are no annual start-up or capital costs. The cost to the Federal
Government is $2,154,074.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to: (a) Evaluate whether the proposed
data collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

    Dated: May 26, 2015.
Janice Waller,
Acting Director, Records Management Division, Mission Support Bureau,
Federal Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2015-13020 Filed 5-28-15; 8:45 am]
 BILLING CODE 9111-46-P


[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Notices]
[Pages 57518-57520]
[FR Doc No: 2017-26124]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82170; File No. SR-PHLX-2017-96]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Section
(a)(i)(D) of Rule 1012, Series of Options Open for Trading

November 29, 2017.
    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 November 17, 2017, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III, below, which
Items have been prepared by the Exchange. 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 Section (a)(i)(D) of Rule 1012,
Series of Options Open for Trading, to delete two sentences regarding
opening for trading of long term option series, which sentences have
effectively been superseded by another rule.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqphlx.cchwallstreet.com/, at the principal
office of the Exchange, 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
    Section (a)(i)(D) of Rule 1012 currently provides that the Exchange
may list, with respect to any class of stock or Exchange-Traded Fund
Share options series, options having from twelve up to thirty-nine
months from the time they are listed until expiration. There may be up
to six expiration months. Strike price interval, bid/ask differential
and continuity rules shall not apply to such options series until the
time to expiration is less than nine months.
    Section (a)(i)(D) also provides in its last two sentences that such
option series will open for trading either when there is buying or
selling interest, or 40 minutes prior to the close, whichever occurs
first, and that no quotations need to be posted for such option series
until they are opened for trading. The Exchange proposes to delete the
outdated provision of Section (a)(i)(D) regarding the time of opening
as inconsistent with, and unnecessary in view of, Rule 1017, Openings
in Options, which governs in detail all openings on the Exchange,
including openings in long term option series.\3\ The Exchange proposes
to delete the Section (a)(i)(D) provision that no quotations need to be
posted for such option series until they are opened for trading as
superfluous, given that no quotations need to be posted for any series
of options traded on the Exchange until they are opened for trading.\4\
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    \3\ The Exchange recently amended Rule 1017, Openings in
Options, which clarified the manner in which the opening process
occurs on Phlx. See Securities Exchange Act Release No. 80820 (May
31, 2017), 82 FR 26171 (June 6, 2017) (SR-Phlx-2017-40).
    \4\ The Exchange interprets ``posted'' in Section (a)(i)(D) as
meaning published on the Options Price Reporting Authority
(``OPRA''). Rule 1017(d)(iii) provides that ``[t]he Specialist
assigned in a particular equity or index option must enter a Valid
Width Quote, in 90% of their assigned series, not later than one
minute following the dissemination of a quote or trade by the market
for the underlying security or, in the case of index options,
following the receipt of the opening price in the underlying
index.'' The quote resulting from the Specialist's obligation under
Rule 1017(d)(iii) is considered in the opening process of Rule 1017,
and the Exchange publishes a quote in the option series once the
option has been opened pursuant to that rule.
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    Rule 1017 does provide in great detail for a fully automated
opening of trading when there is buying or selling interest in all
options series, including long term option series. Generally speaking,
the fully automated opening process begins when either (1) a ``valid
width'' specialist quote is submitted, (2) valid width quotes are
received from at least two Exchange market makers within two minutes of
the opening trade or quote in the underlying security or (3) after two
minutes of the opening trade or quote in the underlying, valid width
quotes are received from one Exchange market maker. If an opening
imbalance exists outside of an acceptable range, the system will
initiate an imbalance process. During this process the Exchange will
consider interest on the Exchange as well as interest on away
exchanges. If there is not an opening imbalance outside of an
acceptable range on the Exchange, the system will verify that a
``quality opening market'' exists in order to validate the opening
price prior to executing interest on the opening. A quality opening
market is a bid/ask spread with an acceptable differential as defined
by the Exchange. The bid/ask spread is made up of the best available
bid, on the Exchange as well as away markets, and the best available
offer, on the Exchange as well as away market. The acceptable bid/ask
spread differentials can be found on the Exchange's Web site.
    Rule 1017 does not provide for the opening of long term option
series 40 minutes prior to the close. The Exchange proposes to remove
this inconsistent anachronism, still found in Rule 1012(A)(i)(D), as
the Exchange no longer believes that long term options warrant special
opening treatment but should open like other options under Rule 1017,
pursuant to a fully automated process in which options open once
certain precise conditions have been met. Although removing the
provision that long term option series must open forty minutes prior to
the close of trading even if there is no buying or selling interest,
the Exchange believes it will be rare for a long term option series not
to have buying or selling interest in any event, due to Exchange
members' quoting obligations.

    A number of exchanges' long term options series rules contain the
same provisions contained in the last two sentences of Rule
1012(A)(i)(D). These provisions appear to have been put in place due to
the fact that long-term series are usually very inactively traded.\5\
Although long term options series continue to be inactively traded, the
Exchange no longer believes it is necessary to accommodate long term
options openings in this manner, and prefers to have the procedures
specified in Rule 1017 apply uniformly across options classes for the
sake of efficient operation of the Exchange and the minimization of
investor confusion. The Exchange believes it is counterintuitive to
impose such requirements with respect to long-term series when the
requirements do not apply for other series that may be opened pursuant
to Rule 1017. Further, the Exchange has no systemic means to force an
option to open forty minutes prior to the close.
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    \5\ See, e.g., Securities Exchange Act Release No. 30010
(November 27, 1991), 56 FR 63747 (December 5, 1991) (SR-NYSE-91-33)
(Filing and Order Granting Accelerated Approval of Proposed Rule
Change by the New York Stock Exchange, Inc., Relating to the Listing
of Long-Term Equity Options), in which the Commission found that the
New York Stock Exchange's proposal to open the long-term series for
trading either when there is buying or selling interest or 40
minutes prior to the close (whichever occurs first) was consistent
with the approach taken by the other options exchanges and was
consistent with the Act because long-term series are usually very
inactively traded. See also Chicago Board Options Exchange Rule
5.8(b) and NYSE Arca Rule 6.3(e)(i), which contain the same
provisions the Exchange proposes to delete.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\6\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\7\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest,
by eliminating an outdated provision regarding opening of long term
option series, thereby eliminating an internal inconsistency in the
Exchange's rulebook. The language the Exchange is proposing to remove
is inconsistent with Rule 1017. Permitting opening of long term options
series in the same manner as all other options, under the fully
automated process set forth in Rule 1017 will result in operational
efficiencies for the Exchange and will minimize potential investor
confusion regarding the Exchange's opening procedures.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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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 not necessary or appropriate in
furtherance of the purposes of the Act. The opening process for long
term option series will continue to operate in the same manner as
today, pursuant to Rule 1017. The proposal does not change the intense
competition that exists among the options markets for options business
including on the opening. Nor does the Exchange believe that the
proposal will impose any burden on intra-market competition; the
opening process involves many types of participants and interest. The
proposal merely removes an outdated rule provision that is inconsistent
with Rule 1017.

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

    No written comments were either solicited or received.

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

    Because the foregoing 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)(iii) of the Act \8\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \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.
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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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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-PHLX-2017-96 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-PHLX-2017-96. 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
10:00 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-PHLX-2017-96, and should be
submitted on or before December 26, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-26124 Filed 12-4-17; 8:45 am]
BILLING CODE 8011-01-P