[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)]
[Notices]
[Pages 28335-28336]
[FR Doc No: 2015-11876]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74935; File No. SR-EDGX-2015-19)

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Change
the Name of ``ConnectEdge'' Product Offering Under Rule 13.9 to ``BATS
Connect''

May 12, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 28, 2015, EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

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

    The Exchange is proposing to change the name of ``ConnectEdge''
under Rule 13.9 to ``BATS Connect''.
    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    In early 2014, the Exchange and its affiliate, EDGA Exchange, Inc.
(``EDGA''), received approval to effect a merger (the ``Merger'') of
the Exchange's parent company, Direct Edge Holdings LLC, with BATS
Global Markets, Inc., the parent of BZX and BYX (together with BZX,
EDGA, and EDGX, the ``BGM Affiliated Exchanges'').\5\ The Exchange
proposes to change the name of ``ConnectEdge'' under Rule 13.9 to
``BATS Connect'' to more closely align with the Exchange's parent
company, BATS Global Markets, Inc.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 71449 (January 30,
2014), 79 FR 6961 (February 5, 2014) (SR-EDGX-2013-043; SR-EDGA-
2013-034).
---------------------------------------------------------------------------

    ConnectEdge is a communication and routing service that provides
Members an additional means to receive market data from and route
orders to any destination connected to the Exchange's network.
ConnectEdge does not affect trade executions and would not report
trades to the relevant Securities Information Processor. The servers of
the Member need not be located in the same facilities as the Exchange
in order to subscribe to ConnectEdge. Members may also seek to utilize
ConnectEdge in the event of a market disruption where other alternative
connection methods become unavailable.\6\ The Exchange does not propose
to amend the content or services available via the ConnectEdge
offering. The proposal only seeks to change the name of ``ConnectEdge''
under Rule 13.9 to ``BATS Connect''.
---------------------------------------------------------------------------

    \6\ This service is an alternative to a service that the
Exchange already provides to its Members -- current order-sending
Members route orders through access provided by the Exchange to the
Exchange that either check the Exchange for available liquidity and
then route to other destinations or, in certain circumstances,
bypass the Exchange and route to other destinations. See Exchange
Rule 11.11(g) (setting forth routing options whereby Members may
select their orders be routed to other market centers). See also
Securities Exchange Act Release No. 73780 (December 8, 2014), 79 FR
73942 (December 12, 2015) (SR-EDGX-2014-28) (proposing to amend
Exchange Rule 13.9 for immediate effectiveness relating to a
communication and routing service known as ConnectEdge).
---------------------------------------------------------------------------

    Lastly, the Exchange proposes to correct a typographical error
within Rule 13.9 by inserting the word ``the'' before ``Exchanges
network.''
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \7\ in general, and furthers the objectives of Section
6(b)(5) of the Act \8\ in particular, in that it is designed to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest. The Exchange does not
propose to amend the content or services available via the renamed BATS
Connect offering. It simply proposes to change the name of
``ConnectEdge'' to ``BATS Connect'' under Rule 13.9 and to correct a
typographical error. Therefore, the Exchange believes the proposed rule
change is consistent with Section 6(b)(5) of the Act \9\ because the
new name will avoid investor confusion by more closely aligning the
BATS Connect product with the Exchange's parent company, BATS Global
Markets, Inc.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Id.
---------------------------------------------------------------------------

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

    The proposed rule change will not affect competition as it is not
designed to amend the content or services available via the renamed
BATS Connect offering. It is simply intended to correct a typographical
error and more closely align the renamed BATS Connect product with the
Exchange's parent company, BATS Global Markets, Inc.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act\10\ and Rule

19b-4(f)(6) thereunder.\11\ Because the proposed rule change does not:
(i) Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
and Rule 19b-4(f)(6) thereunder.\12\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange has satisfied this
requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange has asked the Commission to waive the
30-day operative delay so that the proposal may become operative
immediately upon filing. Waiver of the 30-day operative delay would
permit the Exchange to change the name of ConnectEdge to BATS Connect
prior to the inclusion of the product offering on the Exchange's fee
schedule effective May 1, 2015. Based on the foregoing, the Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest.\13\ The Commission
hereby grants the Exchange's request and designates the proposal
operative upon filing.
---------------------------------------------------------------------------

    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-EDGX-2015-19 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-EDGX-2015-19. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-EDGX-2015-19 and should be
submitted on or before June 8, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-11876 Filed 5-15-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 243 (Monday, December 19, 2011)]
[Notices]
[Pages 78636-78638]
[FR Doc No: 2011-32376]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP11-481-000]

Southern Star Central Gas Pipeline, Inc.; Supplemental Notice of
Intent To Prepare an Environmental Assessment for the Proposed Alden
Gas Storage Field Expansion Project and Request for Comments On
Environmental Issues

    As previously noticed on July 8, 2011, and supplemented herein, the
staff of the Federal Energy Regulatory Commission (FERC or Commission)
will prepare an environmental assessment (EA) that will discuss the
environmental impacts of the Alden Gas Storage Field Expansion Project,
involving the expansion of the certificated boundary and buffer zone of
the existing Alden Gas Storage Field by Southern Star Central Gas
Pipeline, Inc. (Southern Star) in Rice County, Kansas. This EA will be
used by the Commission in its decision-making process to determine
whether the project is in the public convenience and necessity.
    This Supplemental Notice of Intent announces the opening of a
limited scoping period the Commission will use to gather input from the
public and interested agencies on the project. Your input will help the
Commission staff determine what issues need to be evaluated in the EA.
Details on how to submit written comments are provided in the Public
Participation section of this notice. Please note that the limited
scoping period will close on January 13, 2012.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives are asked to notify their constituents of this project
and encourage them to comment on their areas of concern.
    If you are a landowner or owner of mineral rights receiving this
notice, you may be contacted by a storage company representative about
the acquisition of mineral rights and an easement to convert, operate,
and maintain the proposed facilities. The company would seek to
negotiate a mutually acceptable agreement. However, if the project is
approved by the Commission, that approval conveys with it the right of
eminent domain. Therefore, if negotiations to obtain an easement or
mineral rights fail to produce an agreement, the company could initiate
condemnation proceedings where compensation would be determined in
accordance with state or federal law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' was attached to the
project notice Southern Star provided to landowners and owners of
mineral rights. This fact sheet addresses a number of typically-asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC Web site (www.ferc.gov).

Summary of the Proposed Project

    Southern Star requests authorization to expand its existing
certificated boundary and buffer zone of its existing Alden Gas Storage
Field located in Rice County, Kansas to ensure the field's integrity
and protection. The certified storage boundary/buffer currently
encompasses 3,540 acres and operates with a maximum storage capacity of
14.7 billion cubic feet (Bcf) with a working capacity of 4.2 Bcf.
Southern Star states it will attempt to acquire all mineral rights from
the base of the

Kansas City Limestone to the top of the Arbuckle Limestone in this area
to prevent any further production that could compromise the integrity
of the Alden Storage Field.
    Southern Star proposes to expand the storage field boundary and
buffer zone by an additional 1,592 acres for its storage reservoir in
the Misener Sandstone and to acquire gas storage rights and related
mineral rights in the Simpson Sandstone for 2,480 acres, which is below
the Misener Sandstone. About 1,680 acres of the 2,480 acres in the
Simpson Sandstone is within the currently certificated boundary of the
Alden Storage Field. The total acreage affected by the requested
authorizations is 3,272 acres.
    Southern Star also requests to convert two active oil/gas
production wells within the planned expansion acreage, called the Rama
Wellman 1 Well and the Langston Wellman Ranch 2 Well,
into pressure observation wells. Southern Star states that the
conversion of these production wells to observation wells is necessary
because the wells are currently producing gas from its Alden Storage
Field. Southern Star would also remove two existing tank battery
facilities dedicated to each of the production wells. Southern Star's
proposal would not change the current operational parameters or
capabilities of the storage field.
    Pursuant to its blanket certificate, within 6 months of the receipt
of the authority requested, Southern Star would install a small
compressor unit of less than 50 horsepower and construct about 0.75
mile of 4-inch-diameter pipeline parallel to an existing Southern Star
16-inch-diameter pipeline to recover storage gas from the Simpson
formation through an existing well, called the O-5 well, which would
function as a gas recovery well to recycle gas back to the Misener
reservoir.
    Within a year of receiving the authorizations requested, Southern
Star would drill an observation well within the current boundaries of
the northeast section of the Alden Storage Field in the Simpson
Sandstone to monitor for storage gas migration. The location of this
new observation well would be at the structural high in the Simpson
formation, but the exact location has not yet been determined. Southern
Star would obtain the required environmental clearances for this
observation well and file a 30-day advance notice with the Commission
in accordance with section 2.55(a)(2)(ii) of the Commission's
regulations.
    The general location of the project area is shown in appendix 1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction of the Rama Wellman 1 Well would disturb
about 0.9 acre of land including the temporary workspaces and access
road for the well conversion and to remove associated tank battery
facilities. Construction of the proposed Langston Wellman Ranch
2 Well would disturb about 2.3 acres of land that includes the
temporary workspaces and an access road for this well conversion and to
remove tank battery facilities. Following construction, about 0.3 acre
would be maintained for permanent operation of each of the observation
wells; the remaining acreage would be restored and allowed to revert to
former uses. Permanent access roads at each observation well are
proposed.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping''. The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. All comments
received will be considered during the preparation of the EA.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA, we will discuss impacts that could occur as a result of
the removal, coversion, and operation of those facilities related to
the proposed expansion of the storage field boundary and buffer zone
under these general headings:
     Geology and soils;
     Land use;
     Water resources, fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife;
     Air quality and noise;
     Endangered and threatened species; and
     Public safety.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before making our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section beginning on page 5.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate with us in the preparation of the
EA.\3\ Agencies that would like to request cooperating agency status
should follow the instructions for filing comments provided under the
Public Participation section of this notice.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Sec.  1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the Kansas State Historic Preservation Office (SHPO), and to
solicit its views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\4\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the project is
further developed. On natural gas facility projects, the APE at a
minimum encompasses all areas subject to ground disturbance (examples
include construction right-of-way, contractor/pipe storage yards,
compressor stations, and access roads). Our EA for this project will
document our findings on the impacts on historic

properties and summarize the status of consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36 of the Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register for Historic
Places.
---------------------------------------------------------------------------

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send them so that the
Commission receives them in Washington, DC on or before January 13,
2012.
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the project docket number (CP11-481-000) with your
submission. The Commission encourages electronic filing of comments and
has expert eFiling staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site at www.ferc.gov under the link to
Documents and Filings. This is an easy method for interested persons to
submit brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's Web site at www.ferc.gov under the link to
Documents and Filings. With eFiling you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property or
mineral rights may be used permanently or temporarily for project
purposes, and anyone who submits comments on the project. We will
update the environmental mailing list as the analysis proceeds to
ensure that we send the information related to this environmental
review to all individuals, organizations, and government entities
interested in and/or potentially affected by the proposed project.
    If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the User's Guide under the ``e-filing'' link on the Commission's Web
site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., CP11-
481). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.
    Any public meetings or additional site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: December 9, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-32376 Filed 12-16-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Proposed Rules]
[Pages 6450-6452]
[FR Doc No: 2022-02510]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0893]
RIN 1625-AA87

Security Zone for Navy Diving Exercise; Gastineau Channel,
Juneau, AK

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a temporary security
zone for certain waters of the Gastineau Channel. This action is
necessary to protect personnel, vessels, and the marine environment
from potential hazards created by a Navy diving excercise involving
remotely operated vehicles (ROVs) and accompanying divers on these
navigable waters between the Juneau-Douglas Bridge and Savikko Park
near Juneau, AK from March 6, 2022, through March 17, 2022. This
proposed rulemaking would prohibit persons and vessels from being in
the security zone unless authorized by the Captain of the Port
Southeast Alaska or a designated representative. We invite your
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before February 14, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0893 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Jesse Collins, Waterways
Management Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port Southeast Alaska
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
ROV(s) Remotely Operated Vehicle(s)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Depatment of Navy has notified the Coast Guard that it will be
conducting a diving exercise from 6 a.m. to 6 p.m., each day from March
6, 2022, through March 17, 2022, along the entire length of the
Gastineau Channel. Hazards associated with the exercise include
collision and damage to remotely operated vehicles (ROVs) and collision
and injury to divers in the water. The Captain of the Port Southeast
Alaska (COTP) has determined that potential hazards associated with the
exercise would be a security concern for anyone within a 200-yard
radius of the Navy vessel displaying the Alpha (``Dive'') flag.
    The purpose of this rulemaking is to ensure safety of the public as
well as the Navy personnel and assets in the navigable waters before,
during, and after the scheduled diving exercise. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a security zone from March 6,
2022, through March 17, 2022. The security zone would be enforced daily
from 6 a.m. to 6 p.m. and would cover all navigable waters within 200-
yard radius of the Navy vessel displaying the Alpha (``Dive'') flag in
the Gastineau Channel. The duration of the zone is intended to protect
Navy personnel and assets on these navigable waters before, during, and
after the scheduled 6 a.m. to 6 p.m. diving exercise. No vessel or
person would be permitted to enter the security zone without obtaining
permission from the COTP or a designated representative. The regulatory
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. 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 size,
location, and time of day of the security zone. Traffic is limited
during the time of year when the security zone would be in effect. As a
moving security zone assigned to a Navy vessel rather than a defined
area of water, the impact to the waterway would be minimized. Moreover,
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
security zone 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 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 call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under

the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a security
zone lasting 12 hours for twelve days that would prohibit entry within
200-yard radius of the Navy vessel displaying the Alpha (``Dive'')
flag. Normally such actions are categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    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-2021-0893 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 you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule 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.
    Personal information. 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
to the docket 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 165

    Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T17-0893 to read as follows:

Sec.  165.T17-0893  Security Zone for Navy Diving Exercise; Gastineau
Channel, Juneau, AK.

    (a) Location. The following area is a security zone: All the waters
in Juneau Harbor and along the Gastineau Channel within a 200-yard
radius of a Navy vessel displaying the Alpha (``Dive'') flag.
    (b) Definitions. As used in this section:
    (1) Captain of the Port (COTP) means the Commander, U.S. Coast
Guard Sector Juneau.
    (2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Southeast Alaska to assist in enforcing the security zone
described in paragraph (a) of this section.
    (c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. All vessels underway within this
security zone at the time it is activated are to depart the zone.
    (2) To seek permission to enter, contact the COTP or the COTP's
designated representative by telephone

at<PHONE_NUMBER> or on Marine Band Radio VHF-FM channel 16 (156.8 MHz).
The Coast Guard vessels enforcing this section can be contacted on
Marine Band Radio VHF-FM channel 16 (156.8 MHz).
    (3) Those in the security zone must comply with all lawful orders
or directions given to them by the COTP or the COTP's designated
representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
    (e) Enforcement period. This section is effective from March 6,
2022, through March 17, 2022, but will only be subject to enforcement
from 6 a.m. to 6 p.m. each day.

    Dated: February 1, 2022.
M.S. Gillman,
Commander, U.S. Coast Guard, Acting Captain of the Port Southeast
Alaska.
[FR Doc. 2022-02510 Filed 2-3-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Rules and Regulations]
[Pages 63011-63014]
[FR Doc No: 2023-19898]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1051; Project Identifier MCAI-2022-01565-T;
Amendment 39-22529; AD 2023-17-03]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A330-200 series airplanes, Model A330-200 Freighter
series airplanes, Model A330-300 series airplanes, Model A340-200
series airplanes, and Model A340-300 series airplanes. This AD was
prompted by a report that certain overheat detection system (OHDS)
sensing elements, produced before January 31, 2021, may not properly
detect thermal bleed leak events due to a quality escape during the
manufacturing process. This AD requires a one-time special detailed
inspection (SDI) for discrepancies of each affected part installed at
an affected position, and replacement of discrepant parts, as specified
in a European Union Aviation Safety Agency (EASA) AD, which is
incorporated by reference. This AD would also prohibit the installation
of affected parts. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective October 19, 2023.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 19,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1051; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For EASA material incorporated by reference in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
     For Kidde Aerospace & Defense service information
incorporated by reference in this AD, contact Kidde Aerospace &
Defense, 4200 Airport Drive NW, Building B, Wilson, NC 27896; telephone
319-295-5000; website kiddetechnologies.com/aviation.com.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-1051.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus SAS Model
A330-200 \1\ series airplanes, Model A330-200 Freighter series
airplanes, Model A330-300 series airplanes, Model A340-200 series
airplanes, and Model A340-300 series airplanes. The NPRM published in
the Federal Register on May 26, 2023 (88 FR 34097). The NPRM was
prompted by AD 2022-0243, dated December 8, 2022, issued by EASA, which
is the Technical Agent for the Member States of the European Union
(EASA AD 2022-0243) (also referred to as the MCAI). The MCAI states
that the affected part manufacturer, Kidde Aerospace & Defense,
reported that certain OHDS sensing elements, produced before January
31, 2021, may not properly detect thermal bleed leak events due to a
quality escape during the manufacturing process.
---------------------------------------------------------------------------

    \1\ In the preamble of the NPRM, the FAA inadvertently referred
to model ``A320-200'' series airplanes. The affected airplane
models, however, were correctly described in the Applicability
paragraph. The preamble of this final rule has been corrected to
reference the correct model, ``A330-200'' series airplanes.
---------------------------------------------------------------------------

    In the NPRM, the FAA proposed to require a one-time SDI for
discrepancies of each affected part installed at an affected position,
and replacement of discrepant parts, as specified in EASA AD 2022-0243.
The NPRM also proposed to prohibit the installation of

affected parts. The FAA is issuing this AD to address an air leak
remaining undetected by the OHDS sensing element and not being isolated
during flight. The unsafe condition, if not addressed, could possibly
result in localized areas of the airplane being exposed to high
temperatures, with consequent reduced structural integrity of the
airplane.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1051.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
    The FAA received additional comments from Airbus SAS. The following
presents the comment received on the NPRM and the FAA's response.

Request To Correct the Referenced EASA AD Number

    Airbus SAS requested to correct the EASA AD number referenced in
paragraph (h)(5) of the proposed AD. The reference to EASA AD 2022-0234
is a mistake as it should refer to EASA AD 2022-0243.
    The FAA agrees that EASA AD 2022-0243 is correct for paragraph
(h)(5) of this AD. The FAA has changed this AD accordingly.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.

Related Service Information Under 1 CFR Part 51

    EASA 2022-0243 specifies procedures for a one-time SDI for
discrepancies of each affected part installed at an affected position,
and replacement of discrepant parts where the displayed electronic
centralized aircraft monitoring (ECAM) warning is not related to
results of a heat gun test at certain locations. EASA AD 2022-0243 also
prohibits the installation of affected parts.
    The FAA reviewed Kidde Aerospace & Defense Service Bulletin CFD-26-
3, dated January 13, 2022; and Revision 1, dated March 29, 2022, which
identify affected OHDS sensing elements (those having certain part
numbers and corresponding date codes). These documents are distinct
because Revision 1 corrects typographical errors and clarifies wording.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 119 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Up to 64 work-hours x $85 per hour = $5,440..................              $0           $5,440         $647,360
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
13 work-hours x $85 per hour = $1,105.             * $           $1,105
------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the parts
  cost.

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:

    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-17-03 Airbus SAS: Amendment 39-22529; Docket No. FAA-2023-1051;
Project Identifier MCAI-2022-01565-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 19, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes specified in
paragraphs (c)(1) through (5) of this AD, certificated in any
category.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
    (4) Model A340-211, -212, and -213 airplanes.
    (5) Model A340-311, -312, and -313 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by a report that certain overheat detection
system (OHDS) sensing elements, produced before January 31, 2021,
may not properly detect the thermal bleed leak events due to a
quality escape during the manufacturing process. The FAA is issuing
this AD to address an air leak remaining undetected by the OHDS
sensing element and not being isolated during flight. The unsafe
condition, if not addressed, could possibly result in localized
areas of the airplane being exposed to high temperatures, with
consequent reduced structural integrity of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0243, dated December 8, 2022 (EASA AD 2022-0243).

(h) Exceptions to EASA AD 2022-0243

    (1) Where EASA AD 2022-0243 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0243.
    (3) Where EASA AD 2022-0243 defines ``affected part'' and refers
to ``the VSB'' for the part numbers and date codes, for this AD, use
Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated January
13, 2022; or Revision 1, dated March 29, 2022, as ``the VSB'' for
the part numbers and date codes.
    (4) Where EASA AD 2022-0243 defines Groups, replace the text
``the SB'' with ``Airbus Service Bulletin A330-36-3052, dated June
27, 2022; or Airbus SB A340-36-4036, dated June 27, 2022; as
applicable.''
    (5) Where paragraph (2) of EASA AD 2022-0243 specifies action if
``any discrepancy as defined in the SB is detected,'' for this AD a
discrepancy is when the displayed electronic centralized aircraft
monitoring (ECAM) warning is not related to results of a heat gun
test at certain location.

(i) No Reporting Requirement and No Return of Parts

    (1) Although the service information referenced in EASA AD 2022-
0243 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
    (2) Although the service information referenced in EASA AD 2022-
0243 specifies to return certain parts to the manufacturer, this AD
does not include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation 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 responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (k) 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 responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(k) Additional Information

    For more information about this AD, contact Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0243,
dated December 8, 2022.
    (ii) Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated
January 13, 2022.
    (iii) Kidde Aerospace & Defense Service Bulletin CFD-26-3,
Revision 1, dated March 29, 2022.
    Note 1 to paragraph (l)(2)(iii): The revision level of this
document is identified on only the transmittal page; no other page
of the document contains this information.
    (3) For EASA AD 2022-0243, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) For Kidde Aerospace & Defense service information, contact
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B,
Wilson, NC 27896; telephone<PHONE_NUMBER>; website
kiddetechnologies.com/aviation.com.
    (5) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (6) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability

of this material at NARA, email [email protected], or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 7, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-19898 Filed 9-13-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Notices]
[Pages 16673-16676]
[FR Doc No: 2020-06083]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2019-0009]

DEKRA Certification Inc.: Application for Recognition and
Proposed Modification to the NRTL Program's List of Appropriate Test
Standards

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the application of DEKRA
Certification, Inc., for recognition as a Nationally Recognized Testing
Laboratory (NRTL) and presents the agency's preliminary finding to
grant this recognition. Additionally, OSHA proposes to modify the NRTL
Program's List of Appropriate Test Standards to add two additional test
standards.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before April 23, 2020.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments
electronically at: https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2019-0009,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Docket Office's normal business hours, 10:00 a.m.
to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2019-0009). All comments, including any personal
information you provide, are placed in the public docket without
change, and may be made available online at https://www.regulations.gov. Therefore, the agency cautions commenters about
submitting statements they do not want made available to the public, or
submitting comments that contain personal information (either about
themselves or others) such as Social Security numbers, birth dates, and
medical data.
    Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the https://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection at the
OSHA Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
    Extension of comment period: Submit requests for an extension of
the comment period on or before April 23, 2020 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Many of OSHA's workplace standards require that a NRTL test and
certify certain types of equipment as safe for use in the workplace.
NRTLs are independent laboratories that meet OSHA's requirements for
performing safety testing and certification of products used in the
workplace. To obtain and retain OSHA recognition, the NRTLs must meet
the requirements in the NRTL Program regulations at 29 CFR 1910.7. More
specifically, to be recognized by OSHA, an organization must: (1) Have
the appropriate capability to test, evaluate, and approve products to
assure their safe use in the workplace; (2) be completely independent
of employers subject to the tested equipment requirements, and
manufacturers and vendors of products for which OSHA requires
certification; (3) have internal programs that ensure proper control of
the testing and certification process; and (4) have effective reporting
and complaint handling procedures. Recognition is an acknowledgement by
OSHA that the NRTL has the capabilities to perform independent safety
testing and certification of the specific products covered within the
NRTL's scope of recognition and is not a delegation or grant of
government authority. Recognition of a NRTL by OSHA also allows
employers to use products certified by that NRTL to meet those OSHA
standards that require product testing and certification.
    The agency processes applications for initial recognition following
requirements in Appendix A of 29 CFR 1910.7. This appendix requires
OSHA to publish two notices in the Federal Register in processing an
application. In the first notice, OSHA announces the

application, provides its preliminary finding, and solicits comments on
its preliminary findings. In the second notice, the agency provides its
final decision on the application. These notices set forth the NRTL's
scope of recognition.

II. Notice of the Application for Recognition

    OSHA is providing notice that DEKRA Certification, Inc., (DEKRA) is
applying for recognition as a NRTL. According to its public information
(see https://www.dekra-product-safety.com/en/about-dekra) DEKRA states
that it is an internationally accredited testing laboratory. In its
application, DEKRA lists the current address of its headquarters as:
DEKRA Certification, Inc., 405 Glenn Drive, Suite 12, Sterling,
Virginia 20164. OSHA has determined preliminarily that DEKRA has the
capability to perform as a NRTL as outlined in 29 CFR 1910.7.
    Each NRTL's scope of recognition has two elements: (1) The type of
products the NRTL may test, with each type specified by its applicable
test standard; and (2) the recognized site(s) that have the technical
capability to perform the product-testing and product-certification
activities for the applicable test standards within the NRTL's scope of
recognition. DEKRA applied on December 8, 2016, for one recognized site
(OSHA-2019-0009-0002). This application was amended on October 4, 2018,
to add a new site as the company headquarters and requesting five
supplemental programs within its scope of recognition (OSHA-2019-0009-
0003). This application was amended again on October 8, 2019 to request
thirty-four test standards be included within its scope of recognition.
On October 1, 2019, OSHA published an update to the NRTL Program
Policies, Procedures and Guidelines Directive, CPL-01-004, which
eliminates supplemental programs from the NRTL Program. With this
update, OSHA will no longer recognize NRTL applicants for supplemental
programs. The following sections set forth the requested scope of
recognition included in DEKRA's application.

A. Standards Requested for Recognition

    Table 1 below lists the appropriate test standards found within
DEKRA's application for testing and certification of products under the
NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                    DEKRA's NRTL Scope of Recognition
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
AAMI 60601-1.................  Medical Electrical Equipment--Part 1:
                                General Requirements for Basic Safety
                                and Essential Performance.
UL 1012......................  Standard for Power Units Other Than Class
                                2.
UL 1059......................  Standard for Terminal Blocks.
UL 1203......................  Standard for Explosion-Proof and Dust-
                                Ignition-Proof Electrical Equipment for
                                Use in Hazardous (Classified) Locations.
UL 121201....................  Nonincendive Electrical Equipment for Use
                                in Class I and II, Division 2 and Class
                                III, Divisions 1 and 2 Hazardous
                                (Classified) Locations.
UL 1310......................  Standard for Class 2 Power Units.
UL 153.......................  Standard for Portable Electric
                                Luminaires.
UL 1598......................  Luminaires.
UL 1778......................  Uninterruptible Power Systems.
UL 2157......................  Electric Clothes Washing Machines and
                                Extractors.
UL 50........................  Enclosures for Electrical Equipment, Non-
                                Environmental Considerations.
UL 508A......................  Standard for Industrial Control Panels.
UL 60065.....................  Standard for Audio, Video and Similar
                                Electronic Apparatus--Safety
                                Requirements.
UL 60079-0...................  Standard for Explosive Atmospheres--Part
                                0: Equipment--General Requirements.
UL 60079-1...................  Standard for Explosive Atmospheres--Part
                                1: Equipment Protection by Flameproof
                                Enclosures ``d''.
UL 60079-2...................  Standard for Explosive Atmospheres--Part
                                2: Equipment Protection by Pressurized
                                Enclosure `p'.
UL 60079-7...................  Standard for Explosive Atmospheres--Part
                                7: Equipment Protection by Increased
                                Safety `e'.
UL 60079-11..................  Explosive Atmospheres--Part 11: Equipment
                                Protection by Intrinsic Safety ``i''.
UL 60079-15..................  Explosive Atmospheres--Part 15: Equipment
                                Protection by Type of Protection `n'.
UL 60079-18..................  Standard for Explosive Atmospheres--Part
                                18: Equipment Protection by
                                Encapsulation `m'.
UL 60079-26..................  Standard for Explosive Atmospheres--Part
                                26: Equipment with Equipment Protection
                                Level (EPL) Gas.
UL 60079-30-1 *..............  Standard for Explosive Atmospheres--Part
                                30-1: Electrical Resistance Trace
                                Heating--General and Testing
                                Requirements.
UL 60079-31..................  Explosive Atmospheres--Part 31: Equipment
                                Dust Ignition Protection by Enclosure
                                `t'.
UL 60730-1 *.................  Automatic Electrical Controls--Part 1:
                                General Requirements.
UL 60730-2-9.................  Standard for Automatic Electrical
                                Controls--Part 2-9: Particular
                                Requirements for Temperature Sensing
                                Controls.
UL 60950-1...................  Information Technology Equipment--Safety--
                                Part 1: General Requirements.
UL 60950-22..................  Information Technology Equipment--Safety--
                                Part 22: Equipment to be Installed
                                Outdoors.
UL 61010-1...................  Safety Requirements for Electrical
                                Equipment for Measurement, Control and
                                Laboratory Use--Part 1: General
                                Requirements.
UL 61058-1...................  Switches for Appliances--Part 1: General
                                Requirement.
UL 62368-1...................  Audio/video, Information and
                                Communication Technology Equipment--Part
                                1: Safety Requirements.
UL 858.......................  Standard for Household Electric Ranges.
UL 858A......................  Safety-Related Solid-State Controls For
                                Electric Ranges.
UL 8750......................  Standard for Light Emitting Diode (LED)
                                Equipment for Use in Lighting Products.
UL 913.......................  Standard for Intrinsically Safe Apparatus
                                and Associated Apparatus for Use in
                                Class I, II, III, Division 1, Hazardous
                                (Classified) Locations.
------------------------------------------------------------------------
* Represents the standards that OSHA proposes to add to the NRTL
  Program's List of Appropriate Test Standards.

III. Proposal To Add New Test Standards to the NRTL Program's List of
Appropriate Test Standards

    Periodically, OSHA will propose to add new test standards to the
NRTL Program's list of appropriate test standards following an
evaluation of the test standard document. To qualify as an appropriate
test standard, the agency evaluates the document to (1) verify it
represents a product category for which OSHA requires certification by
a NRTL, (2) verify the document represents an end product and not a
component, and (3) verify the document defines safety test
specifications (not installation or operational performance
specifications). OSHA becomes aware of new test standards through
various avenues. For example, OSHA may become aware of new test
standards by: (1) Monitoring notifications issued by certain Standards
Development Organizations; (2) reviewing applications by NRTLs or
applicants seeking recognition to include new test standard in their
scopes of recognition; and (3) obtaining notification from
manufacturers, manufacturing organizations, government agencies, or
other parties. OSHA may determine to include a new test standard in the
list, for example, if the test standard is for a particular type of
product that another test standard also covers or it covers a type of
product that no standard previously covered.
    In this notice, OSHA proposes to add two new test standards to the
NRTL Program's list of appropriate test standards. Table 2, below,
lists the test standards that are new to the NRTL Program. OSHA
preliminarily determined that these test standards are appropriate test
standards and proposes to include them in the NRTL Program's list of
appropriate test standards. OSHA seeks public comment on this
preliminary determination.

 Table 2--Test Standards OSHA Is Proposing To Add to the NRTL Program's
                   List of Appropriate Test Standards
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
UL 60079-30-1 *..............  Standard for Explosive Atmospheres--Part
                                30-1: Electrical Resistance Trace
                                Heating--General and Testing
                                Requirements.
UL 60730-1 *.................  Automatic Electrical Controls--Part 1:
                                General Requirements.
------------------------------------------------------------------------

    The test standards listed above may be approved as U.S. test
standards by the American National Standards Institute (ANSI). However,
for convenience, the agency may use the designations of the standards-
developing organization for the test standards instead of the ANSI
designation. NRTL Program policy (see OSHA Instruction CPL 1-001-004,
Chapter 2, Section VIII), establishes test standard approval criteria
based on 29 CFR 1910.7(c).

B. Sites Requested for Recognition

    The current addresses of the DEKRA's sites included in its
application for recognition as a NRTL are:
    1. DEKRA Certification, Inc., 405 Glenn Drive, Suite 12, Sterling,
Virginia 20164; and
    2. DEKRA Certification B.V. Arnhem, Meander 1051, 6825 MJ Arnhem,
Gelderland, Netherlands.
    The NRTL Program requires that to be a recognized site, the sites
listed above must have the capability to conduct product testing in
accordance with the appropriate test standard for the equipment or
material being tested and certified.

IV. Preliminary Finding on the Application for Recognition as a NRTL

    OSHA's NRTL Program recognition process involves a thorough
analysis of a NRTL applicant's policies and procedures, and a
comprehensive on-site review of the applicant's testing and
certification activities to ensure that the applicant meets the
requirements of 29 CFR 1910.7. OSHA staff performed a detailed analysis
of DEKRA's application packet and reviewed other pertinent information.
OSHA staff also performed comprehensive on-site assessments of DEKRA's
testing facilities, at DEKRA Arnhem, Netherlands on July 11-13, 2018
and DEKRA Sterling, Virginia on October 30, 2018. An overview of OSHA's
assessment of the four requirements for recognition (i.e., capability,
control procedures, independence, and credible reports and complaint
handling) is provided below.

A. Capability

    Section 1910.7(b)(1) states that, for each specified item of
equipment or material to be listed, labeled, or accepted, the NRTL must
have the capability (including proper testing equipment and facilities,
trained staff, written testing procedures, and calibration and quality-
control programs) to perform appropriate testing. OSHA staff performed
a detailed analysis of DEKRA's application packet and reviewed other
pertinent information to assess its capabilities to perform testing and
certification activities. OSHA preliminarily determined that DEKRA has
demonstrated these capabilities through the following:
     DEKRA's facilities have adequate test areas, energy
sources, and procedures for controlling incompatible activities.
     DEKRA provided a detailed list of its testing equipment.
Review of the application shows that the equipment listed is available
and adequate for the standards for which it seeks recognition.
     DEKRA has detailed procedures for conducting testing,
review, and evaluation, and for capturing the test and other data
required by the test standards for which it seeks recognition.
     DEKRA has detailed procedures addressing the maintenance
and calibration of equipment, and the types of records maintained for,
or supporting laboratory activities.
     DEKRA has sufficient qualified personnel to perform the
proposed scope of testing based on their education, training, technical
knowledge, and experience.
     DEKRA has an adequate quality-control system in place to
conduct internal audits, as well as track and resolve nonconformances.
    OSHA's on-site assessments of DEKRA's facilities confirmed the
capabilities described in its application packet. The assessors found
some non-conformances with the requirements of 29 CFR 1910.7. DEKRA
addressed these issues sufficiently to meet the applicable NRTL
requirements.

B. Control Procedures

    Section 1910.7(b)(2) requires that the NRTL provide controls and
services, to the extent necessary, for the particular equipment or
material to be listed, labeled, or accepted. These controls and
services include procedures for identifying the listed or labeled
equipment or materials, inspections of production runs at factories to
assure conformance with test standards, and field inspections to
monitor and assure

the proper use of identifying marks or labels. OSHA staff performed a
detailed analysis of DEKRA's application packet and reviewed other
pertinent information to assess its control procedures. OSHA
preliminarily determined that DEKRA has demonstrated these capabilities
through the following:
     DEKRA has a quality-control manual and detailed procedures
to address the steps involved to list and certify products.
     DEKRA has a registered certification mark.
     DEKRA has certification procedures to address the
authorization of certifications and audits of factory facilities. The
audits apply to both the initial evaluations and the follow-up
inspections of manufacturers' facilities.
    OSHA's on-site assessment of DEKRA's facilities confirmed the
capabilities described in its application packet. The assessors found
some non-conformances with the requirements of 29 CFR 1910.7. DEKRA
addressed these issues sufficiently to meet the applicable NRTL
requirements.

C. Independence

    Section 1910.7(b)(3) requires that the NRTL be completely
independent of employers that are subject to the testing requirements,
and of any manufacturers or vendors of equipment or materials tested
under the NRTL Program. The revised NRTL Program Policies, Procedures
and Guidelines Directive, CPL 01-004-001, allows NRTLs to comply with
the requirement in the NRTL Program regulation that NRTLs be
``completely independent of employers subject to the tested equipment
requirements, and of any manufacturers or vendors of equipment or
materials being tested for these purposes'' (29 CFR 1910.7(b)(3)) by
meeting the minimum performance standards of Annex B of the NRTL
Program directive CPL 01-004-001 with respect to impartiality. The
revised policy focuses on the NRTL's ability to effectively identify,
eliminate and control any risk to its impartiality.
    This policy requires the NRTL to identify risks to impartiality on
an ongoing basis and when risks to impartiality are identified, the
NRTL must demonstrate how it eliminates or minimizes such risks. OSHA
staff performed a detailed analysis of DEKRA's application packet and
reviewed other pertinent information to assess its independence. OSHA
preliminarily determined that DEKRA has demonstrated independence
through the following:
     DEKRA is a privately-owned organization, and OSHA found no
information regarding ownership that would qualify as a conflict under
OSHA's independence policy.
     DEKRA shows that it has none of the relationships
described in OSHA's independence policy or any other relationship that
could subject it to undue influence when testing for product safety.
     DEKRA has policies and procedures in place to identify
risks to impartiality and when risks to impartiality are found, DEKRA
has policies and procedures to eliminate or minimize such risks.

D. Credible Reports and Complaint Handling

    Section 1910.7(b)(4) specifies that a NRTL must maintain effective
procedures for producing credible findings and reports that are
objective and free of bias. The NRTL must also have procedures for
handling complaints and disputes under a fair and reasonable system.
OSHA staff performed a detailed analysis of DEKRA's application packet
and reviewed other pertinent information to assess its ability to
produce credible results and handle complaints. OSHA preliminarily
determined that DEKRA has demonstrated these capabilities through the
following:
     DEKRA has detailed procedures describing the content of
test reports, and other detailed procedures describing the preparation
and approval of these reports.
     DEKRA has procedures for recording, analyzing, and
processing complaints from users, manufacturers, and other parties in a
fair manner.
    OSHA's on-site assessments of DEKRA's facilities confirmed the
capabilities described in its application packet. The assessors found
some non-conformances with the requirements of 29 CFR 1910.7. DEKRA
addressed these issues sufficiently to meet the applicable NRTL
requirements.
    OSHA's review of the application file and pertinent documentation,
as well as the results of the on-site assessments, indicate that DEKRA
can meet the requirements prescribed by 29 CFR 1910.7 for recognition
as a NRTL for its sites located in Sterling, Virginia and Arnhem,
Netherlands.
    OSHA's preliminary finding does not constitute an interim or
temporary approval of DEKRA's application.
    OSHA welcomes public comment as to whether DEKRA meets the
requirements of 29 CFR 1910.7 for recognition as a NRTL. Comments
should consist of pertinent written documents and exhibits. Commenters
needing more time to comment must submit a request in writing, stating
the reasons for the request, for an extension by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified. To obtain or review copies
of the exhibits identified in this notice, as well as comments
submitted to the docket, contact the Docket Office, Room N-3653,
Occupational Safety and Health Administration, U.S. Department of
Labor, at the above address. These materials also are available online
at http://www.regulations.gov under Docket No. OSHA-2019-0009.
    OSHA staff will review all comments submitted to the docket in a
timely manner and, after addressing the issues raised by these
comments, will make a recommendation to the Assistant Secretary for
Occupational Safety and Health regarding DEKRA's application for
recognition as a NRTL. The Assistant Secretary will make the final
decision on granting the application. In making this decision, the
Assistant Secretary may undertake other proceedings prescribed in
Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of this final decision in the
Federal Register.

V. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice. Accordingly, the agency is issuing this notice pursuant to 29
U.S.C. 657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912,
Jan. 25, 2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on March 18, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2020-06083 Filed 3-23-20; 8:45 am]
BILLING CODE 4510-26-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on April 5, 2002

NOTICE OF ACTION TAKEN -- DOCKET OST 2000-6816

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  AEROVIAS de MEXICO, S.A. de C.V.
                       Date Filed:  March 14, 2002

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct scheduled, combination service between
Mexico City, Mexico, and Chicago, Illinoios.

If renewal, date and citation of last action:  March 29, 2001, in this
Docket.

Applicant representative(s):  William C. Evans,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.			       			                              Action
date:  April 5, 2002

Effective dates of authority granted:  April 5, 2002, through April 5,
2003.

Basis for approval:  United States-Mexico Air Transport Services
Agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated: Foreign air carrier permit
conditions.

Special conditions/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
_______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp