[Federal Register Volume 85, Number 9 (Tuesday, January 14, 2020)]
[Notices]
[Pages 2191-2192]
[FR Doc No: 2020-00348]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87914; File No. SR-NYSE-2019-62]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Approving Proposed Rule Change To Amend Article II, Section 2.03 of the
Twelfth Amended and Restated Operating Agreement of the Exchange To
Remove the Independence Requirement for the Director Elected by
Exchange Membership Organizations

January 8, 2020.

Introduction

    On November 15, 2019, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend Article II, Section 2.03 of the Twelfth
Amended and Restated Operating Agreement (``Operating Agreement'') of
the Exchange to remove the independence requirement for the director
elected by Exchange membership organizations, and make additional
conforming and non-substantive edits. The proposed rule change was
published for comment in the Federal Register on November 29, 2019.\3\
The Commission received no comment letters on the proposed rule change.
This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 87588 (November 22,
2019), 84 FR 65875 (November 29, 2019) (``Notice'').
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Description of the Proposal

    The Exchange proposes to amend Article II, Section 2.03 of the
Exchange's Operating Agreement to remove the independence requirement
for the director elected by Exchange membership organizations, and make
additional conforming and non-substantive edits.
    Currently, pursuant to the Operating Agreement, at least twenty
percent of the Exchange's board of directors (``Board'') must be
composed of persons who are not members of the board of directors of
Intercontinental Exchange, Inc. (``ICE''), the Exchange's ultimate
parent company, but who qualify as independent under the Exchange's
director independence policy (such policy, the ``Independence Policy'',
and such directors, the ``Non-Affiliated Directors'').\4\ The Non-
Affiliated Directors are nominated by the member organizations of the
Exchange (``Member Organizations''),\5\ through a process set forth in
the Operating Agreement.\6\
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    \4\ See Operating Agreement, Article II, Section 2.03(a)(iii).
    \5\ ``Member Organizations'' includes ``members, allied members
and member organizations of the [Exchange].'' See Operating
Agreement, Article II, Section 2.02 (Rules; Supervision of Member
Organizations). As discussed below, the Exchange proposes to amend
the definition to delete as obsolete the reference to ``allied
members.''
    \6\ See id., Section 2.03(a)(iii)-(v). Other than to remove the
independence requirement, the Exchange does not propose to amend the
process for nominating the Non-Affiliated Directors.
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    Under the Independence Policy,\7\ a director is not independent--
and therefore cannot be a Non-Affiliated Director--if, among other
things, the director:
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    \7\ The Independence Policy is available at: https://www.nyse.com/publicdocs/nyse/regulation/nyse/Director_Independence_Policy_of_New_York_Stock_Exchange_LLC.pdf.
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     Or one of his or her immediate family members is, or
within the last year was, a Member \8\ of the Exchange;
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    \8\ The term ``Member'' is used in the Independence Policy as
defined in Section 3(a)(3)(A)(i) of the Exchange Act. See 15 U.S.C.
78c(a)(3)(A)(i).
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     is, or within the last year was, employed by a Member
Organization; \9\
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    \9\ The term ``Member Organization'' is used in the Independence
Policy as defined in Section 3(a)(3)(A)(ii), 3(a)(3)(A)(iii), and
3(a)(3)(A)(iv) of the Exchange Act. See 15 U.S.C. 78c(a)(3)(A)(ii)-
(iv).
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     has within the last year received from any Member
Organization more than $100,000 per year in direct compensation, or
received from Member Organizations in the aggregate an amount of direct
compensation which in any one year is more than 10 percent of the
director's annual gross income for such year,\10\ or
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    \10\ Such limitations exclude director and committee fees and
pension or other forms of deferred compensation for prior service
(provided such compensation is not contingent in any way on
continued service).
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     is affiliated, directly or indirectly, with a Member
Organization.
    As the Exchange states, the requirement that Non-Affiliated
Directors qualify as independent precludes the Member Organizations
from nominating a candidate from among their own numbers or who was
recently employed by a Member or Member Organization. Because of this,
the Exchange believes, the current requirement limits members' ability
to

nominate the individual of their choice. Moreover, the Exchange notes
that individuals who are precluded by the independence requirement from
serving as Non-Affiliated Directors are the very persons who, by virtue
of their work as, with, or in affiliation with a Member Organization,
are the most informed about the Member Organizations, their operations,
and their concerns.
    The Exchange therefore proposes to remove this limitation in its
current rules by:
     Amending Section 2.03(a)(i) to delete the requirement that
Non-Affiliated Directors qualify as independent under the Independence
Policy;
     adding a sentence stating that ``[t]he Non-Affiliated
Directors need not be independent, and must meet any status or
constituent affiliation qualifications prescribed by the Company and
filed with and approved by the Commission; \11\ and
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    \11\ In tandem with this change, the Exchange also proposes to
make a non-substantive amendment to the first sentence of Article
III, Section 3.03 to delete the language in that sentence defining
the term ``SEC''. Proposed Section 2.03(a)(i), which would appear
earlier in the text, would already include such reference.
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     amending the third sentence of the second paragraph of
Section 2.03(a)(iv) and fourth sentence of Section 2.03(l) to remove
the references to potential petition candidates and current directors
qualifying as independent under the Independence Policy.
    The Exchange states that the proposed rule change would bring the
Operating Agreement into greater conformity with the operating
agreement of its affiliate, NYSE American LLC (``NYSE American''),
which does not require that the NYSE American Non-Affiliated Directors
qualify as independent under the NYSE American Director Independence
Policy,\12\ and with the bylaws of its affiliates, NYSE Arca, Inc.,
NYSE Chicago, Inc. and NYSE National, Inc., none of which, according to
the Exchange, require that the directors nominated by their trading
permit holders be qualified as independent.\13\ The Exchange further
notes that the governing documents of other self-regulatory
organizations, such as the Nasdaq Stock Market LLC \14\ and Cboe BYX
Exchange, Inc.,\15\ do not require that the directors nominated by the
membership of the exchange be independent.
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    \12\ See Notice, supra note 3, at 65876 n.16. See Twelfth
Amended and Restated Operating Agreement of NYSE American LLC
(``NYSE American Operating Agreement''), Section 2.03(a) and (l).
According to the Exchange, the NYSE American Director Independence
Policy is the same as the Exchange's Independence Policy. See
Securities Exchange Act Release No. 85919 (May 22, 2019), 84 FR
24842 (May 29, 2019) (SR-NYSEAMER-2019-20) (notice of filing and
immediate effectiveness of proposed rule change to amend the
Independence Policy of the Board of Directors of NYSE American).
    \13\ See Notice, supra note 3, at 65876 n.17. See Bylaws of NYSE
Arca, Inc., Article III, Section 3.02(a) and NYSE Arca Rule
3.2(b)(3)(C)(ii) (Directors Nominated by the Trading Permit
Holders); Second Amended and Restated Bylaws of NYSE Chicago, Inc.,
Article II, Section 2 (General Composition and Term of Office); and
Sixth Amended and Restated By-Laws of NYSE National, Inc., Article
III, Sections 3.2(a) (General Composition).
    \14\ See Notice, supra note 3, at 65876 n.18. See Bylaws of the
Nasdaq Stock Market LLC, Article I (noting that a ``Member
Representative Director may, but is not required to be, an officer,
director, employee, or agent of a Nasdaq Member'').
    \15\ See Notice, supra note 3, at 65876 n.19. See Ninth Amended
and Restated Bylaws of Cboe BYX Exchange, Inc., Article III,
Sections 3.1 and 3.2.
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    The Exchange also proposes to delete the reference to ``allied
members'' from the definition of ``Member Organizations'' in Section
2.02. The Exchange states that it no longer has allied members and that
therefore the reference is obsolete.\16\ Finally, the Exchange proposes
to make non-substantive conforming changes to the title, recitals, and
signature page of the Operating Agreement, which would become the
Thirteenth Amended and Restated Operating Agreement of the Exchange.
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    \16\ See Notice, supra note 3, at 65876.
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III. Discussion and Commission Findings

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act \17\ and the
rules and regulations thereunder applicable to a national securities
exchange.\18\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\19\ which
requires, among other things, that rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, 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; and that those rules are not designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
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    \17\ 15 U.S.C. 78f.
    \18\ 15 U.S.C. 78f(b). In approving this proposal, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \19\ 15 U.S.C. 78f(b)(5).
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    The Commission further finds that the proposed rule change is
consistent with Section 6(b)(3) of the Act,\20\ which, among other
things, requires the rules of a national securities exchange to assure
the fair representation of its members in the selection of its
directors and administration of its affairs.
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    \20\ 15 U.S.C. 78f(b)(3).
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    As the Exchange notes, the requirement that Non-Affiliated
Directors qualify as independent dates to the demutualization of the
Exchange, when the Exchange filed with the Commission a proposed new
organizational structure that included a requirement that all Board
members of the Exchange be independent.\21\ Moreover, as the Exchange
also notes, the Commission has approved governing documents of other
exchanges that do not require the member representatives on their
boards to be independent.\22\
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    \21\ See Securities Exchange Act Release No. 53382 (February 27,
2006), 71 FR 11251 (March 6, 2006) (SR-NYSE-2005-77) (Commission
order granting approval of NYSE's business combination with
Archipelago Holdings, Inc.).
    \22\ See supra notes 12-15.
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    Therefore, the Commission believes that it is reasonable for NYSE
to eliminate the independence requirement for Non-Affiliated Directors
and thereby afford its Member Organizations the same flexibility in
selecting directors that need not be independent as exists at other
national securities exchanges. The Commission notes that the proposed
rule change will enable the Exchange to conform its governing documents
with those of its affiliated exchanges, which do not require that
directors nominated by the membership be independent.
    Based on the foregoing, the Commission finds that the proposed rule
change is consistent with the Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\23\ that the proposed rule change (SR-NYSE-2019-62) be, and hereby
is, approved.
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    \23\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2020-00348 Filed 1-13-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 27, 2009 (Volume 74, Number 206)]
[Notices]
[Page 55288]
[DOCID:fr27oc09-127]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Request for an Extension of a Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for an extension of a waiver of compliance
from certain requirements of its safety standards. The individual
petition is described below, including the party seeking relief, the
regulatory provisions involved, the nature of the relief being
requested, and the petitioner's arguments in favor of relief.

Union Pacific Railroad Company

[Docket Number FRA-2007-27322)

    Pursuant to 49 CFR 211.41 and 211.51, by letter dated November 13,
2007, FRA authorized the Union Pacific Railroad Company (UP) to conduct
field testing of its processor-based train control system identified as
the Vital-Train Management System (V-TMS). In the same letter, FRA
provided UP temporary conditional relief from certain provisions of 49
CFR Parts 216, 217, 218, 229, 233, 235, 236, and 240 related to the
field testing. By letter dated August 3, 2009, UP has requested that
FRA extend the regulatory relief granted in order to continue field
testing of its V-TMS system until December 31, 2015, or until such time
as the relief is superseded by an FRA approved Positive Train Control
Implementation Plan (PTCIP) and any other filings required in
accordance with final regulations implementing Sec.  104 of the Rail
Safety Improvement Act of 2008 (codified at 49 U.S.C. 20157).
    A request for an informational filing extension, as required under
49 CFR Part 236, subpart H, has also been prepared and submitted in
conjunction with this waiver extension request and can be found in the
same docket (FRA-2007-27322) as this waiver extension request. UP has
an approved Railroad Safety Program Plan as provided for 49 CFR 236.905
(Docket Number FRA-2006-24002).
    Although FRA is not soliciting public comment on the waiver
extension request, interested parties are invited to review the request
and associated documents at the following locations:
     Web site: http://www.regulations.gov. Follow the online
instructions for a simple search on the DOT electronic docket site
(Docket Number FRA-2007-27322). All documents in the public docket that
are associated with the waiver request are available on the web site
for inspection and copying.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC on October 19, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-25818 Filed 10-26-09; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Notices]
[Pages 46938-46939]
[FR Doc No: 2018-20101]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-3300-006]

Reilly, Lawrence J.; Notice of Filing

    Take notice that on September 7, 2018, Lawrence J. Reilly filed an
application for authorization to hold interlocking positions, pursuant
to section 305(b) of the Federal Power Act, 16 U.S.C. 825d(b) (2012),
and section 45.8 of the Federal Energy Regulatory Commission's
(Commission) regulations, 18 CFR 45.8 (2018).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies

of the protest or intervention to the Federal Energy Regulatory
Commission, 888 First Street NE, Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on September 28, 2018.

    Dated: September 11, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-20101 Filed 9-14-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Rules and Regulations]
[Pages 58347-58348]
[FR Doc No: 2017-26661]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2016-0406; FRL-9971-43-Region 6]

Approval and Promulgation of Implementation Plans; New Mexico;
Albuquerque and Bernalillo County; Regional Haze Progress Report State
Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving a revision to a
State Implementation Plan (SIP) for the City of Albuquerque and
Bernalillo County, New Mexico (the County) submitted by the Governor on
June 24, 2016. The SIP revision addresses requirements of the Act and
the EPA's rules that require the County to submit a periodic report
assessing reasonable progress goals (RPGs) for regional haze with a
determination of the adequacy of the existing regional haze SIP.

DATES: This rule is effective on January 11, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2016-0406. All documents in the docket are
listed at the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: James E. Grady,<PHONE_NUMBER>;
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' each mean ``the EPA.''

I. Background

    The background for this action is discussed in detail in the
October 2, 2017 proposal (82 FR 45762). In that document the EPA
proposed to approve the County's regional haze progress report SIP
revision (submitted on June 24, 2016) as meeting the applicable
regional haze requirements set forth in 40 CFR 51.309(d)(10). In
addition, the EPA proposed to approve the County's determination that
the current regional haze SIP is adequate to meet the State's 2018 RPGs
for the first planning period and does not require further substantive
revision to achieve the established regional haze goals. The public
comment period for the proposal closed on November 1, 2017. The EPA did
not receive any comments regarding the proposal during its public
comment period.

II. Final Action

    The EPA is approving the County's regional haze progress report SIP
revision (submitted on June 24, 2016) as meeting the applicable
regional haze requirements set forth in 40 CFR 51.309(d)(10)(i)(A)
through (G). The EPA is also approving the County's determination that
the current regional haze SIP requires no further substantive revision
at this time in order to achieve the established 2018 RPGs for
visibility improvement and emission reduction (40 CFR
51.309(d)(10)(ii)). This action is being taken under section 110 of the
Act.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a

copy of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 12, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Best available
retrofit technology, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Regional haze, Reporting and recordkeeping requirements, Sulfur
dioxide, Visibility, Volatile organic compounds.

    Dated: December 5, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart GG--New Mexico

0
2. In Sec.  52.1620(e), the second table titled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the New
Mexico SIP'' is amended by adding an entry for ``City of Albuquerque
Progress Report for the State Implementation Plan for Regional Haze''
at the end of the table to read as follows:

Sec.  52.1620   Identification of plan.

* * * * *
    (e) * * *

            EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
                                       Applicable        submittal/
      Name of SIP provision          geographic or        effective    EPA approval  date       Explanation
                                   nonattainment area       date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
City of Albuquerque Progress      City of Albuquerque-      6/24/2016  12/12/2017,
 Report for the State              Bernalillo County.                   [Insert Federal
 Implementation Plan for                                                Register
 Regional Haze.                                                         citation].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-26661 Filed 12-11-17; 8:45 am]
 BILLING CODE 6560-50-P


17941 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices immediately following the meeting. The SAB allows a grace period of 48 hours after adjournment of the public meeting to provide written comments supporting any verbal comments stated at the public meeting to be made a part of the public record. 5. Meeting Access. Individuals requiring special accommodation to access this teleconference should contact Ms. Delores Darden, EPA Science Advisory Board Staff, at the telephone or e mail address provided above, at least five business days prior to the meeting so that appropriate arrangements can be made.

Dated: April 7, 2003. Vanessa T. Vu, Director, EPA Science Advisory Board Staff Office. [ FR Doc. 03   9040 Filed 4   11   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ FRL   7483   1]

Notice of Extension of Public Comment Period on the Draft Final Guidelines for Carcinogen Risk Assessment and the Draft Supplemental Guidance for Assessing Cancer Susceptibility From Early Life Exposure to Carcinogens AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice of extension of public comment period.

SUMMARY: This notice extends the comment period for the Draft Final Guidelines for Carcinogen Risk Assessment and the draft Supplemental Guidance for Assessing Cancer Susceptibility from Early Life Exposure to Carcinogens. The availability of these documents was originally announced in the Federal Register on March 3, 2003 ( 68 FR 10012). DATES: Comments must be received by Monday, June 2, 2003. ADDRESSES: The documents are available via the Internet from www. epa. gov/ ncea/ raf/ cancer2003. htm. Instructions for submitting comments are provided at this website and in the March 3, 2003 Federal Register notice.

FOR FURTHER INFORMATION CONTACT: Dr. William P. Wood, Risk Assessment Forum ( mail code 8601D), U. S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, telephone 202   564   3361, or send electronic mail inquiries to risk. forum@ epa. gov. SUPPLEMENTARY INFORMATION: In the March 3, 2003 Federal Register ( 68 FR 10012), EPA announced the availability of, and opportunity to comment on, the Draft Final Guidelines for Carcinogen Risk Assessment ( February 2003, NCEA   F   0644A) and the draft Supplemental Guidance for Assessing Cancer Susceptibility from Early Life Exposure to Carcinogens ( EPA/ 630/ R   03/ 003). The comment period was scheduled to close on May 1, 2003. This notice extends the comment period until June 2, 2003. EPA will consider all comments received by this date in completing final Guidelines and supplemental guidance. As announced in the Federal Register on April 11, 2003, a panel of EPA's Science Advisory Board ( SAB) will meet to review the draft Supplemental Guidance on May 12 to 14, 2003. EPA will provide all public comments on the draft Supplemental Guidance that EPA has received by May 1, 2003 to the SAB review panel prior to its meeting. Comments received by EPA by June 2, 2003 but after May 1, 2003 will also be forwarded to the SAB for consideration by the review panel in completing its report. Comments may also be submitted directly to the SAB in the manner described in the Federal Register notice announcing the SAB meeting. It is the policy of the SAB to accept written comments and accommodate oral public comments wherever possible at its public meetings.

Dated: April 8, 2003. Paul Gilman, Assistant Administrator for Research and Development. [ FR Doc. 03   9048 Filed 4   11   03; 8: 45 am]

BILLING CODE 6560   50   P FEDERAL COMMUNICATIONS COMMISION Notice of Public Information Collection( s) Being Reviewed by the Federal Communications Commission April 4, 2003. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection( s), as required by the Paperwork Reduction Act of 1995, Public Law 104   13. An agency may not conduct or sponsor a collection of information unless it displays a current valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act ( PRA) that does not display a valid control number. Comments are requested concerning ( a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; ( b) the accuracy of the Commission's burden estimate; ( c) ways to enhance the quality, utility, and clarity of the information collected; and ( d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written comments should be submitted on or before June 13, 2003. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all comments to Les Smith, Federal Communications Commission, Room 1   A804, 445 12th Street, SW., Washington, DC 20554, or via the Internet to Leslie. Smith@ fcc. gov. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection( s) contact Les Smith at 202   418   0217 or via the Internet at Leslie. Smith@ fcc. gov. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060   0208. Title: Section 73.1870, Chief Operators. Form Number: N/ A. Type of Review: Extension of a currently approved collection. Respondents: Business and other forprofit entities; Not for profit institutions. Number of Respondents: 14,500. Estimated Time per Response: 26 hours. Frequency of Response: Recordkeeping; Third party disclosure. Total Annual Burden: 379,407. Total Annual Costs: $ 0.00. Needs and Uses: 47 CFR 73.1870 requires that the licensee of an AM, FM, or TV broadcast station designate a chief operator of the station. Section 73.1870( b)( 3) requires that this designation must be in writing and posted with the station license. Section 73.1230 requires that all licensees post station licenses `` at the place the licensee considers the principal control point of the transmitter'' generally at the transmitter site. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in VerDate Jan< 31> 2003 14: 06 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 14APN1. SGM 14APN1


[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Notices]
[Pages 38258-38259]
[FR Doc No: 2016-13823]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78003; File No. SR-NYSEArca-2015-93]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove a Proposed Rule Change, as
Modified by Amendment No. 1 Thereto, Relating to Listing and Trading of
Shares of the Cumberland Municipal Bond ETF Under NYSE Arca Equities
Rule 8.600

June 7, 2016.
    On November 24, 2015, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade
shares of the Cumberland Municipal Bond ETF, a series of the ETFis
Series Trust I. The proposed rule change was published for comment in
the Federal Register on December 14, 2015.\3\ On December 29, 2015, the
Exchange submitted Amendment No. 1 to the proposed rule change.\4\ On

January 21, 2016, pursuant to Section 19(b)(2) of the Act,\5\ the
Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\6\ On March 10, 2016, the Commission instituted proceedings
under Section 19(b)(2)(B) of the Act \7\ to determine whether to
approve or disapprove the proposed rule change, as modified by
Amendment No. 1 thereto.\8\ In the Order Instituting Proceedings, the
Commission solicited comments to specified matters related to the
proposal.\9\ The Commission received no comments on the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 76590 (Dec. 8,
2015), 80 FR 77384 (``Notice'').
    \4\ In Amendment No. 1, the Exchange clarified that each
Municipal Bond (as defined herein) held by the Fund must be a
constituent of a deal where the deal's original offering amount was
at least $100 million, clarified whether certain securities would be
exchange-traded or over-the-counter, deleted a statement relating to
redemption of Shares, clarified pricing information for certain
assets, and corrected a typographical error. Because Amendment No. 1
to the proposed rule change is technical in nature and does not
materially alter the substance of the proposed rule change or raise
any novel regulatory issues, it is not subject to notice and
comment. Amendment No. 1, which amended and replaced the original
proposal in its entirety, is available on the Commission's Web site
at: http://www.sec.gov/comments/sr-nysearca-2015-93/nysearca201593-1.pdf.
    \5\ 15 U.S.C. 78s(b)(2).
    \6\ See Securities Exchange Act Release No. 76955, 81 FR 4724
(Jan. 27, 2016). The Commission designated March 11, 2016 as the
date by which the Commission shall either approve or disapprove, or
institute proceedings to determine whether to disapprove, the
proposed rule change. See Securities Exchange Act Release No. 76955A
(Mar. 2, 2016), 81 FR 12174 (Mar. 8, 2016) (correcting the date to
``March 11, 2016'' as the date by which the Commission shall either
approve or disapprove, or institute proceedings to determine whether
to disapprove, the proposed rule change).
    \7\ 15 U.S.C. 78s(b)(2)(B).
    \8\ See Securities Exchange Act Release No. 77340, 81 FR 14163
(Mar. 16, 2016) (``Order Instituting Proceedings''). Specifically,
the Commission instituted proceedings to allow for additional
analysis of the proposed rule change's consistency with Section
6(b)(5) of the Act, which requires, among other things, that the
rules of a national securities exchange be ``designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade,'' and ``to protect investors and the
public interest.'' See id., 81 FR at 14165-66.
    \9\ See id., 81 FR at 14166.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \10\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the date of publication of notice of the filing of the proposed rule
change. The Commission may, however, extend the period for issuing an
order approving or disapproving the proposed rule change by not more
than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination. The
proposed rule change was published for notice and comment in the
Federal Register on December 14, 2015.\11\ The 180th day after
publication of the notice of the filing of the proposed rule change in
the Federal Register is June 11, 2016.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).
    \11\ See supra note 3 and accompanying text.
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to issue an order approving or disapproving the
proposed rule change so that it has sufficient time to consider the
proposed rule change, as modified by Amendment No. 1 thereto.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\12\ designates August 10, 2016, as the date by which the
Commission shall either approve or disapprove the proposed rule change,
as modified by Amendment No. 1 thereto (File No. SR-NYSEArca-2015-93).
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2).

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

    \13\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-13823 Filed 6-10-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Notices]
[Page 33105]
[FR Doc No: 2017-15095]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-2084-000]

Great Bay Solar 1, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Great Bay Solar 1, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 2, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: July 13, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-15095 Filed 7-18-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Proposed Rules]
[Pages 20082-20084]
[FR Doc No: 2023-06925]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 /
Proposed Rules

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0113]
RIN 1625-AA09

Drawbridge Operation Regulation; Cheboygan River at Cheboygan, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the US 23 Highway Bridge, mile 0.92, across the Cheboygan
River--Part of the Inland Route, at Cheboygan, Michigan. The Cheboygan
County Road Commission requested we extend the winter advance notice
for the bridge. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must reach the Coast Guard on or
before June 5, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0113 using Federal Decision Making Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Lee D. Soule, Bridge Management Specialist,
Ninth Coast Guard District; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
MDNR Michigan Department of Natural Resources
MDOT Michigan Department of Transportation
OMB Office of Management and Budget
LWD Low Water Datum based on IGLD85
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Cheboygan River is part of the Michigan Inland Route. The
Michigan Inland Route is the longest chain of rivers and lakes in the
state of Michigan and is almost forty miles long. The waterway runs
through Pickerel Lake, Crooked Lake, the Crooked River, Burt Lake, the
Indian River, Mullett Lake, into the Cheboygan River, and eventually
flowing into Lake Huron. The waterway is controlled by two Michigan
Department of Natural Resources (MDNR) locks, one is in the Cheboygan
River and the other is in the Crooked River.
    The Michigan Inland Route can handle vessels up to sixty-five feet
long with an eighteen-foot beam and has been open to interstate
commerce since 1869 when the Cheboygan lock opened.
    The US 23 Highway Bridge, mile 0.92, across the Cheboygan River is
a double leaf bascule bridge providing a horizontal clearance of 60
feet and a vertical clearance of 9 feet above LWD in the closed
position and an unlimited clearance in the open position. The current
regulation in 33 CFR 117.627 requires the State Street (U.S. Route 23)
Bridge, mile 0.92, across the Cheboygan River to open on signal from
April 1 through May 15 and from September 16 through December 14. From
May 16 through September 15 between the hours of 6 a.m. and 6 p.m. the
draw opens on the quarter and three-quarter hours. From December 15
through March 31 the bridge operates with a 12-hour advance notice.

III. Discussion of Proposed Rule

    Because the recreational vessel traffic going through the US 23
Highway Bridge, mile 0.92, across the Cheboygan River is controlled by
the lock immediately upriver, there have been limited requests for
bridge openings between 11 p.m. and 8 a.m., when the lock is closed. In
accordance with the current bridge regulation in 33 CFR 117.627, the
bridge opens twice an hour in sequence with the lock operations at the
top and bottom of the hour allowing vessels fifteen minutes to arrive
at the bridge from the lock or to travel from the bridge to the lock.
    There is one ferry serving the islands in the Straights of Mackinac
and one passenger vessel that provides tour service to local wreck
sites for divers. Most of the fall and spring requests for bridge
openings are from these two boats. Both the ferry and the passenger
vessel operate on a schedule and are predictable.
    The ferry is the only means to deliver first responders to the
islands and when operating under this condition is considered an
emergency vessel as defined in 33 CFR 117.31.
    We requested annual averaged daily vehicle crossing at the US 23
Highway Bridge, mile 0.92, across the Cheboygan River and discovered
the bridge carries less than 8,000 vehicles each day and normally would
not require limiting opening twice a day; however, after we examined
the drawtender's logs we found that if the bridge opened on signal, the
monthly average openings would increase from an average of 152 openings
a month to well over 380 openings a month.
    We do not intend to change the two openings an hour concept, but we
would change the hours of operations to better meet the needs of
navigation and to make the rule easier to understand.
    Cheboygan County requested to start the winter 12-hour advance
notice requirement on November 1 to provide more snowplow drivers
during winter squalls. We reviewed three years of drawtender logs and
spoke to local stakeholders. We concluded that starting a 12-hour
advance notice on November 1 would be impracticable because the bridge
opens five to six times each day and November is deer season in
Michigan, so the island residents have concerns with tourism to the
island and the availability of emergency services to the island on the
ferry vessel.
    After reviewing three years of drawtender logs and speaking to
local stakeholders, we concluded that the winter 12-hour advance notice
could be extended to December 1 through April 30 providing the County
with an additional 46 days of 12-hour advance notice.
    From the drawtender logs we learned that there have been limited
requests for

openings from 11 p.m. to 7 a.m., and we are proposing to place the
bridge on a 2-hour advance during the evenings. No drawtender will be
in attendance at the bridge and the County will provide a point of
contact for the public to request bridge openings.
    MDNR officers requested clearance gauges be installed at the bridge
to prevent recreational vessels from hitting the bridge after a lock
opening. When the locks open, they cause a temporary rise in water
levels at the bridge reducing the vertical clearance at the bridge. We
propose to require clearance gauges to be maintained on the upriver and
down river sides of the bridge as required by 33 CFR 117.47.
    Stakeholders also voiced concerns that bridge may delay ferries
from delivering public utility repair teams to the island in the event
of a storm, power loss, or fallen power lines. We propose to include
this as part of the regulation.
    In accordance with 33 CFR 117.55, the bridge owner shall keep in
good repair signage that explains the bridge schedule and contact
information when the bridge requires an advance notice. Annually the
owner shall provide updated contact information to the District
Commander to be included in the Local Notice to Mariners.

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 these statutes and Executive Orders.

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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the ability that
vessels can still transit the bridge given advanced notice.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed 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 call for no 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 has implications for federalism or
Indian tribes, 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 will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined 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 promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this proposed rule. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

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.
    Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0113 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If your material cannot be submitted using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive. 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 of any posting or updates to the docket.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; DHS Delegation No.
0170.1, Revision No. 01.3.

0
2. Revise Sec.  117.627 to read as follows:

Sec.  117.627  Cheboygan River.

    The draw of the US 23 highway bridge, mile 0.9 at Cheboygan shall
operate as follows:
    (a) From May 1 through November 31--
    (1) Between the hours of 7 a.m. and 11 p.m. the draw need only open
from three minutes before to three minutes after the quarter-hour and
three-quarter hour.
    (2) Between the hours of 11 p.m. and 7 a.m. no drawtender is
required to be at the bridge and the bridge need not open unless a
request to open the draw is given at least 2-hours in advance of a
vessels intended time of passage through the draw.
    (b) From December 1 through April 31, no drawtender is required to
be at the bridge and the bridge need not open unless a request to open
the draw is given at least 12-hours in advance of a vessels intended
time of passage through the draw.
    (c) At all times the draw shall open as soon as possible for the
passage of vessels if carrying public safety or public utility vehicles
and persons to or from the island.
    (d) The owner of the bridge shall provide and keep in good legible
condition two board gauges painted white with black figures not less
than six inches high to indicate the vertical clearance under the
closed draw at all water levels. The gages shall be placed on the
bridge so that they are plainly visible to operators of vessels
approaching the bridge either up or downstream.

M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2023-06925 Filed 4-4-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Notices]
[Pages 22214-22215]
[FR Doc No: 2015-09259]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2008-0010]

Board of Visitors for the National Fire Academy

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Committee Management; Notice of Open Federal Advisory Committee
Meeting.

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

SUMMARY: The Board of Visitors for the National Fire Academy (Board)
will meet via teleconference on May 7, 2015. The meeting will be open
to the public.

DATES: The meeting will take place on Thursday, May 7, from 2:00 to
4:00 p.m. Eastern Daylight Time. Please note that the meeting may close
early if the Board has completed its business.

ADDRESSES: Members of the public who wish to participate in the
teleconference should contact Ruth MacPhail as listed in the FOR
FURTHER INFORMATION CONTACT section by close of business May 5, 2015,
to obtain the call-in number and access code. For information on
services for individuals with disabilities or to request special
assistance, contact Ruth MacPhail as soon as possible.
    To facilitate public participation, we are inviting public comment
on the issues to be considered by the Board as listed in the
SUPPLEMENTARY INFORMATION section. Comments must be submitted in
writing no later than May 5, 2015, and must be identified by Docket ID
FEMA-2008-0010 and may be submitted by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Email<EMAIL_ADDRESS>Include the docket number
in the subject line of the message.
     Mail/Hand Delivery: Ruth MacPhail, 16825 South Seton
Avenue, Emmitsburg, Maryland 21727.
    Instructions: All submissions received must include the words
``Department of Homeland Security'' and the Docket ID for this action.
Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided.
    Docket: For access to the docket to read background documents or
comments received by the National Fire Academy Board of Visitors, go to
http://www.regulations.gov, click on ``Advanced Search,'' then enter
``FEMA-2008-0010'' in the ``By Docket ID'' box, then select ``FEMA''
under ``By Agency,'' and then click ``Search.'' Prior to the meeting,
meeting materials will be posted at http://www.usfa.fema.gov/nfa/about/bov.shtm by April 29, 2015.

FOR FURTHER INFORMATION CONTACT:
    Alternate Designated Federal Officer: Denis G. Onieal, telephone
(301) 447-1117, email<EMAIL_ADDRESS>    Logistical Information: Ruth MacPhail, telephone<PHONE_NUMBER>,
fax<PHONE_NUMBER>, and email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Board of Visitors for the National Fire
Academy (Board) will meet via teleconference on Thursday, May 7, 2015.
The meeting will be open to the public. Notice of this meeting is given
under the Federal Advisory Committee Act, 5 U.S.C. Appendix.

Purpose of the Board

    The purpose of the Board is to review annually the programs of the
National Fire Academy (NFA) and advise the Administrator of the Federal
Emergency Management Agency (FEMA), through the United States Fire
Administrator, on the operation of the NFA and any improvements therein
that the Board

deems appropriate. In carrying out its responsibilities, the Board
examines NFA programs to determine whether these programs further the
basic missions that are approved by the Administrator of FEMA, examines
the physical plant of the NFA to determine the adequacy of the NFA's
facilities, and examines the funding levels for NFA programs. The Board
submits a written annual report through the United States Fire
Administrator to the Administrator of FEMA. The report provides
detailed comments and recommendations regarding the operation of the
NFA.

Agenda

    1. The Board will receive updates on U.S. Fire Administration data,
research, and response support initiatives.
    2. The Board will discuss deferred maintenance and capital
improvements on the National Emergency Training Center campus and
Fiscal Year 2015 Budget Request/Budget Planning.
    3. The Board will review and give feedback on NFA program
activities, including:
     The Managing Officer Program, a new multiyear curriculum
that introduced emerging emergency services leaders to personal and
professional skills in change management, risk reduction, and adaptive
leadership; a progress report on this new program will be discussed;
     Adoption of the Fire and Emergency Services Higher
Education Model by Foreign Countries;
     Training, Resource and Data Exchange (TRADE) policy
discussion;
     Review of Professional Development Crosswalk, national
standards for Fire Officer competencies and their interrelationships
with State, National and Academic programs;
     Volunteer Incentive Program (VIP) policy change
discussion;
     Off-Campus delivery program changes;
     Status of staff vacancies and challenges;
     Contract instructor issues and challenges;
     Incremental versus radical course material policy
discussion;
     Status of Mediated Online courses;
     Curriculum and Instruction program activities;
     Interagency Agreement with the Department of
Transportation with update on Traffic Incident Management Course;
     Policy and program change discussion regarding
consolidation of Management and Leadership Curricula;
     Status of the National Professional Development Symposium
which brings national training and education audiences together for
their annual conference and support initiatives, scheduled to be held
June 10-12, 2015;
     Fire and Emergency Services Higher Education (FESHE)
Recognition Program Update;
     Program Decision Option budget requests to Department of
Homeland Security.
    There will be a 10-minute comment period after each agenda item;
each speaker will be given no more than 2 minutes to speak. Please note
that the public comment period may end before the time indicated,
following the last call for comments. Contact Ruth MacPhail to register
as a speaker.

    Dated: April 15, 2015.
Denis G. Onieal,
Superintendent, National Fire Academy, United States Fire
Administration, Federal Emergency Management Agency.
[FR Doc. 2015-09259 Filed 4-20-15; 8:45 am]
 BILLING CODE 9111-45-P


[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Rules and Regulations]
[Pages 8328-8331]
[FR Doc No: 2018-03430]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9435; Product Identifier 2016-NM-108-AD; Amendment
39-18830; AD 2017-06-06]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2012-22-15,
which applied to all Fokker Services B.V. Model F28 Mark 0070 and Mark
0100 airplanes. AD 2012-22-15 required revising the maintenance program
to incorporate the limitations,

tasks, thresholds, and intervals specified in certain revised Fokker
maintenance review board (MRB) documents. This new AD requires revising
the maintenance or inspection program, as applicable, to incorporate
new maintenance requirements and airworthiness limitations. This AD was
prompted by new and more restrictive airworthiness limitations. We are
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective April 3, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 3,
2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
December 20, 2012 (77 FR 68063, November 15, 2012).

ADDRESSES: For service information identified in this final rule,
contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357,
2130 EL Hoofddorp, the Netherlands; telephone: +31 (0)88-6280-350; fax:
+31 (0)88-6280-111; email: [email protected]; internet
http://www.myfokkerfleet.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 1601 Lind Avenue
SW, Renton, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>. It is also available on the internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2016-9435.

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-2016-
9435; 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 AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (telephone 800-
647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 1601 Lind
Avenue SW, Renton, WA 98057-3356; telephone<PHONE_NUMBER>; fax 425-227-
1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 to supersede AD 2012-22-15, Amendment 39-17252 (77
FR 68063, November 15, 2012) (``AD 2012-22-15''). AD 2012-22-15 applied
to all Fokker Services B.V. Model F28 Mark 0070 and Mark 0100
airplanes. The SNPRM published in the Federal Register on October 19,
2017 (82 FR 48671) (``the SNPRM''). We preceded the SNPRM with a notice
of proposed rulemaking (NPRM) that published in the Federal Register on
December 16, 2016 (81 FR 91068) (``the NPRM''). The NPRM was prompted
by new and more restrictive airworthiness limitations. The NPRM
proposed to revise the maintenance or inspection program, as
applicable, to incorporate the new and more restrictive airworthiness
limitations. The SNPRM proposed to require revising the maintenance or
inspection program, as applicable, to incorporate new and more
restrictive airworthiness limitations that were issued since the NPRM
was released. We are issuing this AD to prevent reduced structural
integrity of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive AD 2017-0095, dated May 30, 2017 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Fokker Services
B.V. Model F28 Mark 0070 and Mark 0100 airplanes. The MCAI states:

    Fokker Services Engineering Report SE-623 contains the
Airworthiness Limitation Items (ALIs) and Safe Life Items (SLIs).
This report is Part 2 of the Airworthiness Limitations Section (ALS
Part 2) of the Instructions for Continued Airworthiness, referred to
in Section 06, Appendix 1, of the Fokker 70/100 Maintenance Review
Board document.
    The complete ALS consists of:
    Part 1--Report SE-473, Certification Maintenance Requirements
(CMRs)--ref. EASA AD 2015-0027 [which corresponds to FAA AD 2016-11-
22, Amendment 39-18549 (81 FR 36438, June 7, 2016)],
    Part 2--Report SE-623, ALIs and SLIs--ref. EASA AD 2016-0125
[which corresponds to certain requirements in FAA AD 2012-22-15],
and
    Part 3--Report SE-672, Fuel ALIs and CDCCLs--ref. EASA AD 2015-
0032 [which corresponds to FAA AD 2016-11-15, Amendment 39-18542 (81
FR 36447, June 7, 2016)].
    The instructions contained in those reports have been identified
as mandatory actions for continued airworthiness. Failure to
accomplish these actions could result in an unsafe condition.
    EASA previously issued AD 2016-0125, requiring the actions
described in ALS Part 2, Report SE-623 at issue 15 and 16.
    Since that AD was issued, Fokker Services published issue 17 of
Report SE-623, containing new and/or more restrictive maintenance
tasks.
    For the reasons described above, this [EASA] AD retains the
requirements of AD 2016-0125, which is superseded, and requires
implementation of the maintenance actions as specified in ALS Part 2
of the Instructions for Continued Airworthiness, Fokker Services
Engineering Report SE-623 at issue 17 (hereafter referred to as
``ALS Part 2'' in this [EASA] AD).

    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-2016-
9435.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the SNPRM or on the determination
of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued Engineering Report SE-623, ``Fokker
70/100 ALI's and SLI's,'' Issue 17, issued April 26, 2017. The service
information describes new and more restrictive airworthiness
limitations. 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.

Costs of Compliance

    We estimate that this AD affects 15 airplanes of U.S. registry.
    The actions required by AD 2012-22-15, and retained in this AD,
take about 1 work-hour per product, at an average labor rate of $85 per
work-hour. Based on these figures, the estimated cost of the actions
that are required by AD 2012-22-15 is $85 per product.
    We also estimate that it would take about 1 work-hour per product
to

comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD on U.S. operators to be $1,275, or $85 per product.

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive 2012-
22-15, Amendment 39-17252 (77 FR 68063, November 15, 2012), and adding
the following new AD.

2017-06-06 Fokker Services B.V: Amendment 39-18830; Docket No. FAA-
2016-9435; Product Identifier 2016-NM-108-AD.

(a) Effective Date

    This AD is effective April 3, 2018.

(b) Affected ADs

    (1) This AD replaces AD 2012-22-15, Amendment 39-17252 (77 FR
68063, November 15, 2012) (``AD 2012-22-15'').
    (2) This AD affects AD 2012-12-07, Amendment 39-17087 (77 FR
37788, June 25, 2012) (``AD 2012-12-07'').
    (3) This AD affects AD 2008-06-20 R1, Amendment 39-16089 (74 FR
61018, November 23, 2009) (``AD 2008-06-20 R1'').

(c) Applicability

    This AD applies to Fokker Services B.V. Model F28 Mark 0070 and
Mark 0100 airplanes, certificated in any category, all serial
numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a revision of an airworthiness
limitations items (ALI) document, which introduces new and more
restrictive maintenance requirements and airworthiness limitations.
We are issuing this AD to prevent reduced structural integrity of
the airplane.

(f) Compliance

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

(g) Retained Maintenance Program Revision, with Revised Compliance
Language

    This paragraph restates the requirements of paragraph (i) of AD
2012-22-15, with revised compliance language. Within 3 months after
December 20, 2012 (the effective date of AD 2012-22-15), revise the
maintenance program to incorporate the airworthiness limitations
specified in Fokker Report SE-623, ``Fokker 70/100 Airworthiness
Limitation Items and Safe Life Items,'' Issue 8, released March 17,
2011. For all tasks and retirement lives identified in Fokker Report
SE-623, ``Fokker 70/100 Airworthiness Limitation Items and Safe Life
Items,'' Issue 8, released March 17, 2011, the initial compliance
times start from the later of the times specified in paragraphs
(g)(1) and (g)(2) of this AD, and the repetitive inspections must be
accomplished thereafter at the applicable interval specified in
Fokker Report SE-623, ``Fokker 70/100 Airworthiness Limitation Items
and Safe Life Items,'' Issue 8, released March 17, 2011. Doing the
revision required by paragraph (k) of this AD terminates the
requirements of this paragraph.
    (1) Within 3 months after December 20, 2012 (the effective date
of AD 2012-22-15).
    (2) At the time specified in Fokker Report SE-623, ``Fokker 70/
100 Airworthiness Limitation Items and Safe Life Items,'' Issue 8,
released March 17, 2011.

(h) Retained Corrective Actions, With Specific Delegation Approval
Language

    This paragraph restates the requirements of paragraph (j) of AD
2012-22-15, with specific delegation approval language. If any
discrepancy, as defined in Fokker Report SE-623, ``Fokker 70/100
Airworthiness Limitation Items and Safe Life Items,'' Issue 8,
released March 17, 2011, is found during accomplishment of any task
specified in Fokker Report SE-623, ``Fokker 70/100 Airworthiness
Limitation Items and Safe Life Items,'' Issue 8, released March 17,
2011: Within the applicable compliance time specified in Fokker
Report SE-623, ``Fokker 70/100 Airworthiness Limitation Items and
Safe Life Items,'' Issue 8, released March 17, 2011, accomplish the
applicable corrective actions in accordance with Fokker Report SE-
623, ``Fokker 70/100 Airworthiness Limitation Items and Safe Life
Items,'' Issue 8, released March 17, 2011, except as required by
paragraphs (h)(1) and (h)(2) of this AD.
    (1) If no compliance time is identified in Fokker Report SE-623,
``Fokker 70/100 Airworthiness Limitation Items and Safe Life
Items,'' Issue 8, released March 17, 2011, accomplish the applicable
corrective actions before further flight.
    (2) If any discrepancy is found and there is no corrective
action specified in Fokker Report SE-623, ``Fokker 70/100
Airworthiness Limitation Items and Safe Life Items,'' Issue 8,
released March 17, 2011: Before further flight, contact the Manager,
International Section, Transport Standards Branch, FAA; or the
European Aviation Safety Agency (EASA); or Fokker B.V. Services'
EASA Design Organization Approval (DOA); for approved corrective
actions, and accomplish those actions before further flight.

(i) Retained ``No Alternative Actions or Intervals,'' With a New
Exception

    This paragraph restates the requirements of paragraph (k) of AD
2012-22-15, with a new

exception. Except as required by paragraph (k) of this AD, after
accomplishing the revision required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or intervals may be used
unless the actions or intervals are approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (m)(1) of this AD.

(j) Retained Method of Compliance With AD 2008-06-20 R1, With Revised
Compliance Language

    This paragraph restates the terminating action specified in
paragraph (m) of AD 2012-22-15, with revised compliance language.
Accomplishing the actions specified in paragraph (g) of this AD
terminates the requirements of paragraphs (f)(1) through (f)(5) of
AD 2008-06-20 R1.

(k) New Requirement of This AD: Maintenance or Inspection Program
Revision

    Within 30 days of the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
airworthiness limitations specified in Fokker Services B.V.
Engineering Report SE-623, ``Fokker 70/100 ALI's and SLI's,'' Issue
17, issued April 26, 2017. Accomplishing the revision required by
this paragraph terminates the requirements of paragraph (g) of this
AD. Accomplishing the revision required by this paragraph also
terminates the requirements of paragraph (g) of AD 2012-12-07.
    (1) The initial compliance times for the tasks specified in
Fokker Services B.V. Engineering Report SE-623, ``Fokker 70/100
ALI's and SLI's,'' Issue 17, issued April 26, 2017, are at the later
of the applicable compliance times specified in Fokker Services B.V.
Engineering Report SE-623, ``Fokker 70/100 ALI's and SLI's,'' Issue
17, issued April 26, 2017, or within 30 days after the effective
date of this AD, whichever is later.
    (2) If any discrepancy is found, before further flight, repair
using a method approved by the Manager, International Section,
Transport Standards Branch, FAA; or the EASA; or Fokker B.V.
Service's EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.

(l) No Alternative Actions or Intervals

    After the maintenance or inspection program, as applicable, has
been revised as required by paragraph (k) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an AMOC in accordance with the
procedures specified in paragraph (m)(1) of this AD.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (n)(2) of this AD. Information
may be emailed to: [email protected]. 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: As of the effective date of
this AD, 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, International Section, Transport Standards
Branch, FAA; or EASA; or Fokker B.V. Services' EASA DOA. If approved
by the DOA, the approval must include the DOA-authorized signature.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive AD 2017-0095, dated May 30,
2017, 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-2016-9435.
    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone
425-227-1137; fax<PHONE_NUMBER>.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
April 3, 2018.
    (i) Fokker Services B.V. Engineering Report SE-623, ``Fokker 70/
100 ALI's and SLI's,'' Issue 17, issued April 26, 2017.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
December 20, 2012 (77 FR 68063, November 15, 2012).
    (i) Fokker Report SE-623, ``Fokker 70/100 Airworthiness
Limitation Items and Safe Life Items,'' Issue 8, released March 17,
2011.
    (ii) Reserved.
    (5) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130
EL Hoofddorp, the Netherlands; telephone: +31 (0)88-6280-350; fax:
+31 (0)88-6280-111; email: [email protected]; internet
http://www.myfokkerfleet.com.
    (6) You may view this service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 9, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-03430 Filed 2-26-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Proposed Rules]
[Page 42763]
[FR Doc No: 2015-17742]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0027; FRL-9930-78-Region-6]

Approval and Promulgation of Air Quality Implementation Plans;
Texas; Low Reid Vapor Pressure Fuel Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Texas State Implementation Plan (SIP) related
to Low Reid Vapor Pressure (RVP) Fuel Regulations that were submitted
by the State of Texas on January 5, 2015. The EPA evaluated the Texas
SIP submittal and determined these revisions are consistent with the
requirements of the Clean Air Act (Act or CAA). The EPA is approving
this action under the federal CAA.

DATES: Written comments should be received on or before August 19,
2015.

ADDRESSES: Comments may be mailed to Ms. Mary Stanton, Chief, Air
Grants Section (6PD-S), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Tracie Donaldson,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct rule
without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no relevant adverse comments are received in response to this
action no further activity is contemplated. If EPA receives relevant
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time.
    For additional information, see the direct final rule which is
located in the rules section of this Federal Register.

    Dated: July 7, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-17742 Filed 7-17-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Notices]
[Page 55545-55546]
[DOCID:fr28oc09-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13531-000]

Hydrodynamics, Inc.; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

October 21, 2009.
    On July 7, 2009, Hydrodynamics, Inc. filed an application for a
preliminary permit, pursuant to section 4(f) of the

Federal Power Act, proposing to study the feasibility of the East
Rosebud Hydro Project, which would be located on East Rosebud Creek, in
Carbon County, Montana. The sole purpose of a preliminary permit, if
issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed project would consist of the following: (1) A new 8-
foot-high, 100-foot-long concrete diversion dam; (2) a new 7-foot-wide,
30-foot-long intake extending from the right side of the dam; (3) a new
42-inch-diameter, 2.2-mile-long steel penstock; (4) a new powerhouse
containing one generating unit with an installed capacity of 6
megawatts; (5) a new tailrace discharging flows into East Rosebud
Creek; (6) a new substation; (7) a new 50-kilovolt, 3.6-mile-long
transmission line; and (8) appurtenant facilities. The proposed project
would have an average annual generation of 40 gigawatt-hours.
    Applicant Contact: Ben Singer, Project Manager, Hydrodynamics,
Inc., P.O. Box 1136, Bozeman, MT 59771; phone:<PHONE_NUMBER>.
    FERC Contact: Dianne Rodman,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov/docs-filing/ferconline.asp) under the ``eFiling''
link. For a simpler method of submitting text only comments, click on
``Quick Comment.'' For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>call toll-free at<PHONE_NUMBER>; or,
for TTY, contact<PHONE_NUMBER>. Although the Commission strongly
encourages electronic filing, documents may also be paper-filed. To
paper-file, mail an original and eight copies to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at: http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13531) in the docket number field to access
the document. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-25870 Filed 10-27-09; 8:45 am]

BILLING CODE 6717-01-P