[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Notices]
[Pages 9267-9270]
[FR Doc No: 2017-02260]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79899; File No. SR-CBOE-2016-080]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of Amendment No. 1 and Order Granting
Accelerated Approval of a Proposed Rule Change, as Modified by
Amendment No. 1, To Amend CBOE Rule 6.53C

January 30, 2017.

I. Introduction

    On November 17, 2016, Chicago Board Options Exchange, Incorporated
(``CBOE'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend CBOE Rule 6.53C,
Interpretation and Policy .10, to provide for the electronic trading of
complex orders consisting of series authorized for trading on the
Hybrid 3.0 Platform and series authorized for trading on the Hybrid
Trading System (``Hybrid'' or ``Hybrid Trading System''). The proposed
rule change was published for comment in the Federal Register on
December 2, 2016.\3\ The Commission received no comment letters
regarding the proposed rule change. On December 30, 2016, the Exchange
filed Amendment No. 1 to the proposed rule change.\4\ On January 12,
2017, the Commission extended the time for Commission consideration of
the proposal until March 2, 2017.\5\ This order provides notice of
filing of Amendment No. 1 and approves the proposed rule change, as
modified by Amendment No. 1, on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 79406 (November 28,
2016), 81 FR 87102 (``Notice'').
    \4\ As discussed more fully below, Amendment No. 1 revises the
proposal to describe the treatment of an SPX/SPXW order resting on
the complex order book (``COB'') that becomes marketable against
orders residing in the EBook for the individual legs of the order;
indicate when an incoming SPX/SPXW order will be subject to a
complex order auction (``COA''); indicate that non-customer SPX/SPXW
orders that are marketable upon receipt will not be COA-eligible;
describe the treatment of SPX/SPXW orders during extended trading
hours; and indicate that CBOE will announce the implementation date
of the proposal via Regulatory Circular at least seven days prior to
the implementation date. To promote transparency of its proposed
amendment, when CBOE filed Amendment No. 1 with the Commission, it
also submitted Amendment No. 1 as a comment letter to the file,
which the Commission posted on its Web site and placed in the public
comment file for CBOE-2016-080 (available at https://www.sec.gov/comments/sr-cboe-2016-080/cboe2016080-1454634-130131.pdf). CBOE also
posted a copy of its Amendment No. 1 on its Web site (http://www.cboe.com/framed/PDFframed.aspx?content=/publish/RuleFilingsSEC/SR-CBOE-2016-080.a1.pdf§ion=SEC_ABOUT_CBOE_BOD&title=Proposal+Regarding+Complex+Orders+Consisting+of+SPX+Options+Series+and+SPXW+Options+Series)
when it filed Amendment No. 1 with the Commission.
    \5\ See Securities Exchange Act Release No. 79783 (January 12,
2017), 82 FR 6673 (January 19, 2017).
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II. Description of the Proposed Rule Change

    Currently, there are two trading platforms operating on CBOE's
trade engine, CBOE Command: (i) Hybrid; and (ii) the Hybrid 3.0
Platform.\6\ For each Hybrid 3.0 class, CBOE may determine to authorize
a group of series of the class for trading on Hybrid.\7\ CBOE may
establish Hybrid trading parameters for such a group on a group basis
to the extent that CBOE's rules otherwise allow CBOE to establish such
trading parameters on a class basis.\8\ Currently, options on the
Standard & Poor's 500 Index (``S&P 500''), trading under the symbol
SPX, are the only Hybrid 3.0 Platform class.\9\ CBOE has authorized a
group of series within the S&P 500 options class, trading under the
symbol SPXW, to trade on Hybrid.\10\ The SPX options series, which
trade on the Hybrid 3.0 Platform, are a.m.-settled contracts with
standard third Friday expirations.\11\ The SPXW options series, which
trade on Hybrid, are p.m.-settled contracts with non-standard
expirations.\12\
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    \6\ See Notice, 81 FR at 87103. As described more fully in the
Notice, CBOE introduced Hybrid, an electronic trading platform
integrated with CBOE's floor-based open-outcry auction market, in
2003. See Securities Exchange Act Release No. 47959 (May 30, 2003),
68 FR 34441 (June 9, 2003) (order approving File No. SR CBOE-2002-
05). CBOE subsequently implemented an enhanced version of Hybrid,
known as Hybrid 2.0, which allows remote quoting in option classes.
See Securities Exchange Act Release No. 50003 (July 12, 2004), 69 FR
43028 (July 19, 2004) (order approving File No. SR-CBOE-2004-24).
CBOE later implemented the Hybrid 3.0 Platform, a trading platform
on Hybrid that allows one or more quoters to submit electronic
quotes that represent the aggregate Market Maker quotation interest
in a series for the trading crowd. See Securities Exchange Act
Release No. 55874 (June 7, 2007), 72 FR 32688 (June 13, 2007) (order
approving File No. SR-CBOE-2006-101). In 2008, CBOE removed the
distinction between Hybrid and Hybrid 2.0 classes and deleted
references to the Hybrid 2.0 platform because CBOE migrated all
option classes, other than classes traded on the Hybrid 3.0
Platform, from Hybrid to Hybrid 2.0. See Securities Exchange Act
Release No. 58153 (July 14, 2008), 73 FR 41386 (July 18, 2008)
(notice of filing and immediate effectiveness of File No. SR-CBOE-
2008-067). Following the removal of the Hybrid 2.0 distinction, all
options classes, other than those trading on the Hybrid 3.0
Platform, have been referred to as Hybrid classes trading on the
Hybrid Trading System.
    \7\ See CBOE Rule 8.14, Interpretation and Policy .01.
    \8\ See CBOE Rule 8.14, Interpretation and Policy .01(c).
    \9\ See CBOE Rule 8.3(c)(iii).
    \10\ See Notice, 81 FR at 87103.
    \11\ See id. at 87103-87104.
    \12\ See id. at 87104.
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    Currently, when CBOE receives a complex order consisting of both
SPX and SPXW options series (an ``SPX/SPXW order'') during regular
trading hours, the order is routed to a PAR workstation pursuant to
CBOE Rule 6.12(a)(1) to provide an opportunity for the order to trade
in open outcry.\13\ If CBOE receives an SPX/SPXW order during extended
trading hours, the order is rejected back to the sender.\14\ CBOE
handles SPX/SPXW orders in this manner because its system currently
cannot accept complex orders consisting of series that trade on
different trading platforms.\15\ CBOE is updating its system to accept
SPX/SPXW orders so they will be able to trade with other SPX/SPXW
orders electronically during regular trading hours and extended trading
hours.\16\ As described in more detail below, the proposal amends
CBOE's rules to specify the manner in which SPX/SPXW orders, and any
other complex orders consisting of series that trade on Hybrid and on
the Hybrid 3.0 Platform, will be executed electronically.\17\
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    \13\ See id.
    \14\ See id. See also CBOE Rule 6.1A(b) and RG15-013.
    \15\ See Notice, 81 FR at 87104.
    \16\ See id.
    \17\ Although the proposal focuses on SPX/SPXW orders, the
proposed rules will apply to all complex orders consisting of series
that trade on Hybrid and series that trade on the Hybrid 3.0
Platform. See Notice, 81 FR at 87104. See also CBOE Rule 6.53C,
Interpretation and Policy .10.
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    CBOE Rule 6.53C, Interpretation and Policy .10 provides rules
governing the execution of complex orders in Hybrid 3.0 classes trading
on the Hybrid 3.0 Platform. CBOE proposes to amend CBOE Rule 6.53C,
Interpretation and Policy .10 to provide that if CBOE authorizes a
group of series of a Hybrid 3.0 class for trading on Hybrid pursuant to
CBOE Rule 8.14, Interpretation and Policy .01, CBOE Rule 6.53C,
Interpretation and Policy .10 will apply to a complex order with at
least one leg in a series from the group authorized for trading on the
Hybrid 3.0 Platform, including if the order has another leg(s)

in a series from the group authorized for trading on Hybrid. In
addition, CBOE proposes to amend CBOE Rule 6.53C, Interpretation and
Policy .10(a) to indicate that a marketable complex order that consists
solely of a group of series that is authorized for trading on the
Hybrid 3.0 Platform will execute automatically against individual
orders residing in the EBook, provided the complex order can be
executed in full (or in a permissible ratio) by orders in the EBook and
the orders in the EBook are priced equal to or better than the
individual quotes residing in the EBook. A marketable complex order
that consists of a group of series that is authorized for trading on
the Hybrid 3.0 Platform and a group of series authorized for trading on
Hybrid will not automatically execute against individual orders
residing in the EBook.\18\ CBOE states that SPX/SPXW complex orders
(unlike SPX complex orders) will not automatically execute against
individual orders residing in the EBook because of system limitations
that would be prohibitively expensive to modify.\19\ SPX/SPXW orders
that are marketable against individual orders residing in the EBook
instead will be routed to a PAR workstation during regular trading
hours and rejected during extended trading hours, consistent with the
existing treatment of SPX/SPXW orders.\20\ Except for this difference,
SPX/SPXW orders will be executed in accordance with CBOE Rule 6.53C,
Interpretation and Policy .10 in the same manner as complex orders
consisting solely of series that are authorized for trading on the
Hybrid 3.0 Platform, i.e., SPX complex orders.\21\
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    \18\ See CBOE Rule 6.53C, Interpretation and Policy .10(a).
    \19\ See Notice, 81 FR at 87104.
    \20\ See id.
    \21\ See id.
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    CBOE states that SPX/SPXW orders will trade using a price-time
matching algorithm.\22\ During regular trading hours, CBOE will handle
SPX/SPXW orders in the following manner:
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    \22\ See id. See also CBOE Rules 6.45B(a) (giving CBOE the
ability to determine the matching algorithm) and Rule 8.14,
Interpretation and Policy .01(c).
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     SPX/SPXW orders with more than four legs will be routed
for manual handling, consistent with the manner in which CBOE handles
SPX complex orders.\23\
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    \23\ See Notice, 81 FR at 87104. The current number of legs
permitted for complex orders for electronic processing is four. See
CBOE Rule 6.53C(a)(1) (providing that complex orders with no more
than the applicable number of legs as determined by the Exchange are
eligible for processing). Pursuant to CBOE Rule 6.12(a)(1), orders
initially routed for electronic processing that are not eligible for
automatic execution or book entry will by default route to PAR or
back to the Trading Permit Holder.
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     SPX/SPXW orders for the accounts of non-customers \24\
will not be allowed to rest in the Complex Order Book (``COB''), but
will instead be routed for manual handling, consistent with the manner
in which CBOE handles SPX complex orders.\25\ SPX/SPXW orders from all
other participants will be allowed to rest in the COB.\26\
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    \24\ CBOE notes that, in this context, ``non-customers'' would
include CBOE market makers, non-CBOE market makers, and proprietary
firms. See Amendment No. 1.
    \25\ See Notice, 81 FR at 87104. See also CBOE Rule 6.53C(c)(i)
(allowing CBOE to determine which classes and order origin types are
eligible for entry into the COB) and RG15-195.
    \26\ See id.
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     SPX/SPXW orders for the accounts of customers and non-
customers will be permitted to participate in the COB opening process
and trade against SPX/SPXW orders resting in the COB, consistent with
the manner in which CBOE handles SPX complex orders.\27\
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    \27\ See Notice, 81 FR at 87104. See also CBOE Rule 6.53C.11 and
RG15-195. CBOE notes that, as with SPX complex orders, customers and
non-customers submitting SPX/SPXW orders during extended trading
hours may use the contingency OPG to book orders that will
participate in the regular trading hours opening. Any portion of an
SPX/SPXW order marked OPG that is not executed during the opening
will be cancelled. In addition, customers may use a non-OPG
contingency to allow their SPX/SPXW orders to remain on the COB
after the opening. See Amendment No. 1.
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     As discussed above, marketable SPX/SPXW orders will not be
eligible to automatically execute against individual orders residing in
the EBook for the legs of the order.\28\ CBOE notes that not allowing
SPX/SPXW orders to automatically execute against individual orders
residing in the EBook for the legs of the SPX/SPXW order effectively
means that CBOE is not changing the manner in which CBOE treats these
SPX/SPXW orders.\29\
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    \28\ See CBOE Rule 6.53C, Interpretation and Policy .10(a).
    \29\ See Notice, 81 FR at 87104.
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     Marketable SPX/SPXW orders will be eligible to
automatically execute against other SPX/SPXW orders resting in the COB,
provided the execution is at a net price that has priority over the
individual orders and quotes residing in the EBook, consistent with the
manner in which CBOE handles SPX complex orders.\30\
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    \30\ See id. See also CBOE Rule 6.53C, Interpretation and Policy
.10(b).
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     Marketable SPX/SPXW orders will not be eligible to
automatically execute against individual Market-Maker quotes resting in
the EBook for the legs, consistent with the manner in which CBOE
handles SPX complex orders.\31\
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    \31\ See CBOE Rule 6.53C.10 (providing that the Exchange may
determine to not allow marketable complex orders entered into COB
and/or COA to automatically execute against individual quotes
residing in the EBook) and RG 12-025 (providing marketable SPX
complex orders will not execute with individual quotes).
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     SPX/SPXW orders resting in the COB that become marketable
against Market-Maker quotes in the individual legs will be subject to a
complex order auction (``COA''),\32\ consistent with the manner in
which CBOE handles SPX complex orders.\33\ Such an order (or the
remaining portion of such an order) that is not executed but is still
marketable will be routed for manual handling, consistent with the
manner in which CBOE handles SPX complex orders.\34\
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    \32\ See CBOE Rule 6.53C(d)(i)(1).
    \33\ See Notice, 81 FR at 87104. See also CBOE Rule 6.53C,
Interpretation and Policy .10(d).
    \34\ See Notice, 81 FR at 87104-87105. See also CBOE Rule 6.53C,
Interpretation and Policy .10(d).
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     Pursuant to CBOE Rule 6.53C, Interpretation and Policy
.10(e), CBOE will submit incoming customer SPX/SPXW orders to a COA if
they are COA-eligible.\35\ Incoming non-customer SPX/SPXW orders that
are marketable upon receipt will not be COA-eligible, and will instead
route for manual handling.\36\
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    \35\ See Amendment No. 1.
    \36\ See id.
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    During extended trading hours, SPX/SPXW orders for the accounts of
customers and non-customers will be allowed to rest in the COB.\37\ Any
customer or non-customer SPX/SPXW order resting in the COB during
extended trading hours that becomes marketable will be subject to a
COA, and any portion of the order that remains unexecuted at the
conclusion of the COA will be returned to the order entry firm.\38\
During extended trading hours, an incoming customer SPX/SPXW order that
is marketable upon receipt will be subject to a COA, and an incoming
non-customer SPX/SPXW order that is marketable upon receipt will be
cancelled.\39\
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    \37\ See Notice, 81 FR at 87105. See also RG15-013.
    \38\ See Amendment No. 1.
    \39\ See id.
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    As with all products that trade during both regular trading hours
and extended trading hours, no SPX/SPXW order on the COB at the end of
regular trading hours will interact with or be transferred to the COB
for extended trading hours, nor will an SPX/SPXW order on the COB at
the end of extended trading hours interact with or be transferred to
the COB.\40\
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    \40\ See id.
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    CBOE will announce the implementation date of the proposal,

which will be within 120 days of the Commission's approval of the
filing, via Regulatory Circular at leave seven days prior to the
implementation date.\41\ The Regulatory Circular announcing the
implementation date also will describe the changes made by the
proposal.\42\
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    \41\ See id.
    \42\ See id.
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III. Discussion and Commission Findings

    After careful review of the proposed rule change, as modified by
Amendment No. 1, the Commission finds that the proposed rule change, as
amended, is consistent with the requirements of the Act and the rules
and regulations thereunder applicable to a national securities
exchange.\43\ In particular, the Commission finds that the proposed
rule change, as modified by Amendment No. 1, is consistent with Section
6(b)(5) of the Act,\44\ which requires, among other things, that the
rules of a national securities exchange be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, 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.
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    \43\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \44\ 15 U.S.C. 78f(b)(5).
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    Currently, complex orders consisting of one or more series that
trade on Hybrid and one or more series that trade on the Hybrid 3.0
Platform must be executed in open outcry because CBOE's system cannot
accept complex orders consisting of series that trade on different
trading platforms.\45\ CBOE proposes to update its system to allow
complex orders consisting of series that trade on Hybrid and series
that trade on the Hybrid 3.0 Platform, including SPX/SPXW orders, to
trade against other SPX/SPXW orders electronically during regular
trading hours and extended trading hours, in addition to trading in
open outcry. The Commission believes that providing for the electronic
trading of complex orders consisting of series that trade on Hybrid and
series that trade on the Hybrid 3.0 Platform could provide additional
execution and price improvement opportunities for these complex orders.
As discussed above, complex orders consisting of both Hybrid series and
Hybrid 3.0 Platform series will be subject to the same trading rules as
complex orders comprised solely of series that trade on the Hybrid 3.0
Platform (i.e., complex orders consisting solely of SPX series), except
that complex orders consisting of series that trade on Hybrid and
series that trade on the Hybrid 3.0 Platform will not be able to
execute electronically against orders on the EBook for the individual
legs of the complex order.\46\ Instead, a complex order that consists
of series that trade on Hybrid and on the Hybrid 3.0 Platform that is
marketable against orders on the EBook will be routed to a PAR
workstation during regular trading hours or returned to the order entry
firm during extended trading hours, consistent with the existing
treatment of SPX/SPXW orders.\47\ The Commission notes that CBOE will
announce the implementation date of the proposal via Regulatory
Circular at least seven days prior to the implementation date.\48\
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    \45\ See Notice, 81 FR at 87104. If CBOE receives an SPX/SPXW
order during extended trading hours, it rejects the order back to
the sender. See id. See also CBOE Rule 6.1A(b) and RG15-013.
    \46\ See CBOE Rule 6.53C, Interpretation and Policy .10 and
.10(a).
    \47\ See Notice, 81 FR at 87105.
    \48\ See Amendment No. 1.
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IV. Solicitation of Comments on Amendment No. 1

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether Amendment No. 1
to 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-CBOE-2016-080 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-CBOE-2016-080. 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-CBOE-2016-080 and should be
submitted on or before February 24, 2017.

V. Accelerated Approval of the Proposed Rule Change, as Modified by
Amendment No. 1

    The Commission finds good cause to approve the proposed rule
change, as modified by Amendment No. 1, prior to the 30th day after the
date of publication of notice of the amended proposal in the Federal
Register. Amendment No. 1 modifies the proposal to provide additional
details regarding the operation of the proposed rules. In particular,
Amendment No. 1 identifies ``non-customers'' for purposes of the
proposal; indicates that an SPX/SPXW order resting in the COB that
become marketable will be subject to a COA, including, during extended
trading hours, a non-customer SPX/SPXW order; notes that non-customer
SPX/SPXW orders that are marketable on receipt will not be COA-
eligible, but instead will be routed for manual handling during regular
trading hours and cancelled during extended trading hours; states that
both customers and non-customers may submit SPX/SPXW orders with the
contingency OPG to participate in the regular trading hours opening,
and that customers may use a non-OPG contingency to allow their SPX/
SPXW orders to remain on the COB after the open; notes that no SPX/SPXW
order on the COB at the end of regular trading hours will not interact
with, or be transferred to, the COB for extended trading hours, nor
will an SPX/SPXW order on the COB at the end of extended trading hours
interact with, or be transferred to, the COB for regular trading hours;
and states that CBOE will announce the implementation date of the
proposal via Regulatory Circular at

least seven days prior to the implementation date, and that the
Regulatory Circular announcing the implementation date will describe
the changes made by the proposal. The Commission believes that
Amendment No. 1 will benefit investors and other market participants by
providing them with additional information concerning the handling of
complex orders consisting of Hybrid and Hybrid 3.0 Platform series,
including SPX/SPXW orders. Among other things, Amendment No. 1
identifies ``non-customers'' in the context of the proposal as CBOE
market makers, non-CBOE market makers, and proprietary trading firms,
and clarifies the treatment of non-customer SPX/SPXW orders during
extended trading hours. The changes in Amendment No. 1 provide
additional detail to the proposal and do not introduce material, new,
or novel concepts. Accordingly, the Commission finds good cause,
pursuant to Section 19(b)(2) of the Act,\49\ to approve the proposed
rule change, as modified by Amendment No. 1, on an accelerated basis.
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    \49\ 15 U.S.C. 78s(b)(2).
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VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\50\ that the proposed rule change (SR-CBOE-2016-080), as modified
by Amendment No. 1, is approved on an accelerated basis.
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    \50\ See id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\51\
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    \51\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-02260 Filed 2-2-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Rules and Regulations]
[Page 45051]
[FR Doc No: 2015-18502]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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

Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 /
Rules and Regulations

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 401, 413, and 414

[Docket No.: FAA-2015-1745; Amdt. Nos 413-11 and 414-3]
RIN 2120-AK58

Electronic Applications for Licenses, Permits, and Safety
Approvals

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of effective date and response
to public comments.

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SUMMARY: This action confirms the effective date of the direct final
rule, request for comments, published on May 27, 2015, and dispositions
the one public comment received. The rule amends commercial space
transportation regulations to allow an applicant for a license,
experimental permit, or safety approval the option of submitting an
application electronically.

DATES: The effective date of July 27, 2015, for the direct final rule
published on May 27, 2015 (80 FR 30147), is confirmed.

ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this action, see ``How To
Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Shirley McBride, Office of Commercial Space
Transportation, Regulations and Analysis Division, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    For legal questions concerning this action, contact Alex Zektser,
Office of Chief Counsel, International Law, Legislation, and
Regulations Division, AGC-250, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3073; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Before publication of the direct final rule on May 27, 2015
(Electronic Applications for Licenses, Permits, and Safety Approvals,
80 FR 30147), applications for a license, an experimental permit, or a
safety approval made under 14 CFR part 413 or 414 had to be submitted
to the FAA in paper form. The FAA determined that this paper-based
submission process was unduly burdensome because an electronically-
submitted application would provide the FAA with the same information
as a paper application. In addition, the Government Paperwork
Elimination Act (GPEA) requires that, when practicable, a federal
agency must provide the public with an option to transact with the
agency electronically.\1\ Accordingly, the FAA published a direct final
rule, request for comments, amending the application process under 14
CFR part 413 for a license or experimental permit, and under part 414
for a safety approval to allow applicants to submit their applications
electronically.
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    \1\ Office of Management and Budget, Implementation of the
Government Paperwork Elimination Act, http://www.whitehouse.gov/omb/fedreg_gpea2 (explaining implementation of Pub. Law 105-277, sec.
1704).
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    The comment period on the direct final rule closed on June 26,
2015. Only one commenter submitted a comment document.

Discussion of Comments

    The FAA only received one comment on June 3, 2015, from an
individual commenter supporting the final rule. The commenter also
recommended that in addition to this rulemaking, the FAA also institute
a practice of providing an electronic response acknowledging receipt of
the application.

Conclusion

    Because there were no adverse comments submitted on this rulemaking
and the only comment submitted on the rule supported the agency action,
the FAA has determined that no further rulemaking action is necessary.
The direct final rule is effective on July 27, 2015. The FAA will
consider the additional suggestion submitted by the individual
commenter separately from this rulemaking action, as the suggestion was
that the FAA institute a practice in addition to the one that is the
subject of this rulemaking.

    Issued under authority provided by 49 U.S.C. 160(f), and 51
U.S.C. 50901-50923 in Washington, DC, on July 23, 2015.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2015-18502 Filed 7-28-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20746-20749]
[FR Doc No: 2023-07094]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0173; Project Identifier MCAI-2022-01153-T;
Amendment 39-22356; AD 2023-04-09]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A310 series airplanes. This AD was prompted by a
determination that new or more restrictive airworthiness limitations
are necessary. This AD requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective April 24, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 24,
2023.
    The FAA must receive comments on this AD by May 22, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0173; 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
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For 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.
     You may view this service information 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 at
regulations.gov under Docket No. FAA-2023-0173.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-0173; Project Identifier MCAI-
2022-01153-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this final rule, it is important that you clearly designate the
submitted comments as CBI. Please mark each page of your submission
containing CBI as ``PROPIN.'' The FAA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this final rule. Submissions containing CBI
should be sent to Dan Rodina, Aerospace Engineer, Large Aircraft
Section, International Validation Branch, FAA, 2200 South 216th St.,
Des Moines, WA 98198; telephone<PHONE_NUMBER>; email [email protected].
Any commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0172, dated August 22, 2022
(EASA AD 2022-0172) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A310-203, A310-204, A310-221,
A310-222, A310-203C, A310-304, A310-308, A310-322, A310-324, and A310-
325 airplanes. Model A310-203C and A310-308 airplanes are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet; this AD therefore does not include those
airplanes in the applicability. The MCAI states that new or more
restrictive airworthiness limitations have been developed.
    EASA AD 2022-0172 specifies that it requires a task (limitation)
related to the replacement of life-limited parts already in Airbus A310
Airworthiness Limitations Section (ALS) Part 1 Safe Life Airworthiness
Limitations Items (SL-ALI) Revision 02 that is required by EASA AD
2017-0204 (which corresponds to FAA AD 2018-18-19, Amendment 39-19398
(83 FR 47056, September 18, 2018) (AD 2018-18-19)), and that
incorporation of EASA AD 2022-0172 invalidates (terminates) prior
instructions for that task. This AD therefore terminates the
limitations for SL-ALI, as required by paragraph (g)(3) of AD 2018-18-
19, for Model A310-203, -204, -221, -222, -304, -322, -324, and -325
airplanes only.
    The FAA is issuing this AD to address fatigue damage in principal
structural

elements. The unsafe condition, if not addressed, could result in
reduced structural integrity of the airplane. You may examine the MCAI
in the AD docket at regulations.gov under Docket No. FAA-2023-0173.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0172, which specifies new or more
restrictive airworthiness limitations for airplane structures and safe
life limits. This service information is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

FAA's Determination

    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
described above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.

AD Requirements

    This AD requires revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations, which are specified in EASA AD 2022-0172
described previously, as incorporated by reference. Any differences
with EASA AD 2022-0172 are identified as exceptions in the regulatory
text of this AD.
    This AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections). Compliance with
these actions is required by 14 CFR 91.403(c). For airplanes that have
been previously modified, altered, or repaired in the areas addressed
by this AD, the operator may not be able to accomplish the actions
described in the revisions. In this situation, to comply with 14 CFR
91.403(c), the operator must request approval for an alternative method
of compliance (AMOC) according to paragraph (k)(1) of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2022-0172 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2022-0172 through that incorporation,
except for any differences identified as exceptions in the regulatory
text of this AD. Using common terms that are the same as the heading of
a particular section in EASA AD 2022-0172 does not mean that operators
need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2022-
0172. Service information required by EASA AD 2022-0172 for compliance
will be available at regulations.gov under Docket No. FAA-2023-0173
after this final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g., inspections
or intervals) may be used unless the actions and intervals are approved
as an AMOC in accordance with the procedures specified in the AMOCs
paragraph under ``Additional AD Provisions.'' This new format includes
a ``New Provisions for Alternative Actions and Intervals'' paragraph
that does not specifically refer to AMOCs, but operators may still
request an AMOC to use an alternative action or interval.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
foregoing reason(s), the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. For any
affected airplane that may be imported and placed on the U.S. Register
in the future, the FAA provides the following cost estimates to comply
with this AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
    The FAA estimates the total cost per operator for the new actions
to be $7,650 (90 work-hours x $85 per work-hour).

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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2023-04-09 Airbus SAS: Amendment 39-22356; Docket No. FAA-2023-0173;
Project Identifier MCAI-2022-01153-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 24, 2023.

(b) Affected ADs

    This AD affects AD 2018-18-19, Amendment 39-19398 (83 FR 47056,
September 18, 2018) (AD 2018-18-19).

(c) Applicability

    This AD applies to Airbus SAS Model A310-203, -204, -221, -222,
-304, -322, -324, and -325 airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue damage in principal structural
elements. The unsafe condition, if not addressed, could result in
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
2022-0172, dated August 22, 2022 (EASA AD 2022-0172).

(h) Exceptions to EASA AD 2022-0172

    (1) This AD does not adopt the requirements specified in
paragraph (1) of EASA AD 2022-0172.
    (2) Paragraph (2) of EASA AD 2022-0172 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (2) of EASA 2022-0172 is at the applicable ``limitations''
as incorporated by the requirements of paragraph (2) of EASA AD
2022-0172, or within 90 days after the effective date of this AD,
whichever occurs later.
    (4) This AD does not adopt the provisions specified in paragraph
(3) of EASA AD 2022-0172.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0172.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2022-0172.

(j) Terminating Action for AD 2018-18-19

    For Model A310-203, -204, -221, -222, -304, -322, -324, and -325
airplanes only: Accomplishing the actions required by this AD
terminates the corresponding requirements of paragraph (g)(3) of AD
2018-18-19 for the tasks identified in the service information
referenced in EASA AD 2022-0172 only.

(k) 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 (l) 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; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(l) Additional Information

    For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
206-231-3225; email [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0172,
dated August 22, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0172, 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) 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>.
    (5) 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 February 17, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-07094 Filed 4-6-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Rules and Regulations]
[Pages 23422-23425]
[FR Doc No: 2016-09275]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2016-0209]
RIN 1625-AA08

Special Local Regulation; Wy-Hi Rowing Regatta; Detroit River,
Trenton Channel; Wyandotte, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local
regulation controlling movement of vessels for certain waters of the
Detroit River, Trenton Channel. This action is necessary and is
intended to ensure safety of life on navigable waters to be used for a
rowing event immediately prior to, during, and immediately after this
event. This regulation requires vessels to maintain a minimum speed for
safe navigation and maneuvering.

DATES: This temporary final rule is effective from 7:30 a.m. until 4:30
p.m. on May 7, 2016. For the purposes of enforcement, actual notice
will be used on May 7, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0209 in the ``SEARCH'' box and click

``SEARCH.'' Click on Open Docket Folder on the line associated with
this rule. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Petty Officer Todd Manow,
Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-
9564, email<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking

II. Background History and Regulatory Information

    On May 7, 2016, the Wyandotte Boat Club is holding a rowing regatta
in which at least 150 youth rowers will participate in a race in the
Trenton Channel, a tributary of the Detroit River. Due to the projected
amount of human-powered watercraft on the water, there is a need to
require vessels in the affected waterways to maintain a minimum speed
for safe navigation. The rowing regatta will occur between 7:30 a.m.
and 4:30 p.m. on May 7, 2016. This event has taken place under the same
sponsorship in the same location annually for the past 10 years.
    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency, for good cause, finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because doing so would be
impracticable. The final details of this event were not known to the
Coast Guard until there was insufficient time remaining before the
event to publish an NPRM. Thus, delaying the effective date of this
rule to wait for a comment period to run would be impracticable because
it would inhibit the Coast Guard's ability to protect participants,
spectators, and other waterway users during this youth rowing regatta.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security
Delegation No. 0170.1. Having reviewed the application for a marine
event submitted by the sponsor, the Captain of the Port Detroit (COTP)
has determined that the likely combination of recreation vessels,
commercial vessels, and an unknown number of spectators in close
proximity to a youth rowing regatta along the water pose extra and
unusual hazards to public safety and property. Therefore, the COTP is
establishing a Special Local Regulation around the event location to
help minimize risks to safety of life and property during this event.

IV. Discussion of Rule

    This rule establishes a temporary special local regulation from
7:30 a.m. until 4:30 p.m. on May 7, 2016. In light of the
aforementioned hazards, the COTP has determined that a special local
regulation is necessary to protect spectators, vessels, and
participants. The special local regulation will encompass the following
waterway: All waters of the Detroit River, Trenton Channel between the
following two lines going from bank-to-bank: The first line is drawn
directly across the channel from position 42[deg]11.0' N.,
083[deg]09.4' W. (NAD 83); the second line, to the north, is drawn
directly across the channel from position 42[deg]11.7' N., 083[deg]8.9'
W. (NAD 83).
    An on-scene representative of the COTP or event sponsor
representatives may permit vessels to transit the area when no race
activity is occurring. The on-scene representative may be present on
any Coast Guard, state or local law enforcement vessel assigned to
patrol the event. Vessel operators desiring to transit through the
regulated area must contact the Coast Guard Patrol Commander to obtain
permission to do so. The COTP or his designated on-scene representative
may be contacted via VHF Channel 16.
    The COTP or his designated on-scene representative will notify the
public of the enforcement of this rule by all appropriate means,
including a Broadcast Notice to Mariners and Local Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O.
13563, Improving Regulation and Regulatory Review, and does not require
an assessment of potential costs and benefits under section 6(a)(3) of
Executive Order 12866 or under section 1 of E.O. 13563. The Office of
Management and Budget has not reviewed it under those Orders.
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues.
    The Coast Guard's use of this special local regulation will be of
relatively small size and only nine hours in duration, and it is
designed to minimize the impact on navigation. Moreover, vessels may
transit through the area affected by this special local regulation at a
minimum speed for safe navigation. Overall, the Coast Guard expects
minimal impact to vessel movement from the enforcement of this special
local regulation.

B. Impact on Small Entities

    As per the Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-
612, as amended, we have considered the potential impact of regulations
on small entities during rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in this portion of the Detroit River, Trenton Channel
in the vicinity of Wyandotte, MI between 7:30 a.m. and 4:30 p.m. on May
7, 2016.
    This special local regulation will not have a significant economic
impact on a substantial number of small entities for the reasons cited
in the Regulatory

Planning and Review section. Additionally, before the enforcement of
the regulation, Coast Guard Sector Detroit will issue a local Broadcast
Notice to Mariners so vessel owners and operators can plan accordingly.

C. Assistance for Small Entities

    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 rule so that they can better evaluate
its effects on them. If this rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against entities
that question or complain about this rule or any policy or action of
the Coast Guard.

D. Collection of Information

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

E. Federalism

    A rule has implications for federalism under E.O. 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 rule under that Order and determined
that this rule does not have implications for federalism.

F. Protest Activities

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

G. 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 rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

H. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

I. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.

J. Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not create an environmental risk
to health or risk to safety that may disproportionately affect
children.

K. Indian Tribal Governments

    This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does 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.

L. Energy Effects

    This action is not a ``significant energy action'' under E.O.
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use.

M. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

N. Environment

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

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

0
2. Add Sec.  100.35T09-0209 to read as follows:

Sec.  100.35T09-0209  Special Local Regulation; Wy-Hi Rowing Regatta;
Detroit River, Trenton Channel; Wyandotte, MI.

    (a) Regulated area. A regulated area is established to encompass
the following waterway: All waters of the Detroit River, Trenton
Channel between the following two lines going from bank-to-bank: The
first line is drawn directly across the channel from position
42[deg]11.0' N., 083[deg]9.4' W. (NAD 83); the second line, to the
north, is drawn directly across the channel from position 42[deg]11.7'
N., 083[deg]8.9' W. (NAD 83).
    (b) Enforcement period. This section is will be enforced from 7:30
a.m. until 4:30 p.m. on May 7, 2016.
    (c) Regulations. (1) Vessels transiting through the regulated area
are to maintain the minimum speeds for safe navigation.
    (2) Vessel operators desiring to operate in the regulated area must
contact the Coast Guard Patrol Commander to obtain permission to do so.
The Captain of the Port Detroit

(COTP) or his on-scene representative may be contacted via VHF Channel
16 or at<PHONE_NUMBER>. Vessel operators given permission to operate
within the regulated area must comply with all directions given to them
by the COTP or his on-scene representative.
    (3) The ``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State, or local
law enforcement officer designated by or assisting the COTP to act on
his behalf.

    Dated: March 25, 2016.
Scott B. Lemasters,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2016-09275 Filed 4-20-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Proposed Rules]
[Pages 17964-17965]
[FR Doc No: 2014-07119]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0171; FRL-9908-24-Region 9]

Revisions to the Arizona State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Arizona Statutes portion of the Arizona State
Implementation Plan (SIP). This revision concerns particulate matter
(PM) emissions from dust generating operations that do not already have
a permit. We are proposing to approve a state general permit to
regulate these emission sources under the Clean Air Act (CAA or the
Act).

DATES: Any comments on this proposal must arrive by April 30, 2014.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0171, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an

appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX,
(415) 947-4125<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses the requirements in
the ADEQ Dust Action General Permit (DAGP) in accordance with Arizona
Revised Statute section 49-457.05. In the Rules and Regulations section
of this Federal Register, we are approving this state requirement in a
direct final action without prior proposal because we believe this SIP
revision is not controversial. If we receive adverse comments, however,
we will publish a timely withdrawal of the direct final rule and
address the comments in subsequent action based on this proposed rule.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: March 7, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014-07119 Filed 3-28-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Rules and Regulations]
[Pages 70357-70360]
[FR Doc No: 2012-28029]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0591; Directorate Identifier 2012-NM-015-AD;
Amendment 39-17264; AD 2012-23-08]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain The Boeing Company Model 737-600, -700, -700C, -800, and -
900 series airplanes. That AD currently requires replacing the drain
tube assemblies and support clamps on the aft fairing of the engine
struts. This new AD requires replacing the drain tube assembly of the
left and right engine strut aft fairings with a new one, which includes
an integral support clamp made of nickel alloy 625. This AD also adds
airplanes to the applicability. This AD was prompted by a report of a
broken drain tube assembly on the left engine strut at the clamp
support location under the aft fairing compartment, inside the heat
shield cavity of the aft fairing. There have also been reports of tube
wear at this clamp location on additional airplanes. We are issuing
this AD to prevent failure of the drain tube assemblies and clamps on
the aft fairings of the engine struts. Such failure could allow leaked
flammable fluids in the drain systems to discharge onto the heat
shields of the aft fairings of the engine struts, which could result in
an undetected and uncontrollable fire.

DATES: This AD is effective December 31, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 31,
2012.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Ansel James, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6497; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2008-08-24, Amendment 39-15478 (73 FR 21242,
April 21, 2008). That AD applies to the specified products. The NPRM
published in the Federal Register on June 12, 2012 (77 FR 34879). That
NPRM proposed to require replacing the drain tube assembly of the left
and right engine strut aft fairings with a new one which includes an
integral support clamp made of nickel alloy 625. That NPRM also
proposed to add airplanes to the applicability.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 34879, June 12, 2012) and the FAA's response to each comment.

Support for the NPRM (77 FR 34879, June 12, 2012)

    United Airlines supports the 60-month compliance time specified in
the NPRM (77 FR 34879, June 12, 2012).

Clarification of Effect of Winglet Installation

    Aviation Partners Boeing stated that accomplishing the supplemental
type certificate (STC) ST00830SE does not affect the actions specified
in the NPRM (77 FR 34879, June 12, 2012).
    We concur. We have added new paragraph (c)(2) to this AD, which
states that STC ST00830SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se) does
not affect the ability to accomplish the actions required by this AD.
Therefore, for airplanes on which STC ST00830SE is installed, a
``change in product'' alternative method of compliance (AMOC) approval
request is not necessary to comply with the requirements of 14 CFR
39.17 section 39.17 of the Federal Aviation Regulations. For all other
AMOC requests, the operator must request approval for an AMOC in
accordance with the procedures specified in paragraph (h) of this AD.

Request To Extend Compliance Time

    American Airlines (AAL) requested that the compliance time
specified in paragraph (g) of the NPRM (77 FR 34879, June 12, 2012) be
extended from 60 to 72 months. AAL stated that the routine maintenance
schedule does not allow for accomplishment of the replacements during
the proposed compliance time. AAL stated that the compliance time could
be extended for all airplanes without jeopardizing aviation safety.
    We disagree with the request to change the compliance time. In
developing an appropriate compliance time for this AD, we considered
not only the safety implications, but the manufacturer's
recommendations, the availability of required parts, and the practical
aspect of accomplishing the actions within an interval of time that
corresponds to typical scheduled maintenance for affected operators.
Under the provisions of paragraph (h) of the final rule, however, we
may consider requests for adjustments to the compliance time if data
are submitted to substantiate that such adjustments would provide an
acceptable level of safety. No change has been made to this AD in this
regard.

Request To Revise Paragraph (f) of the NPRM (77 FR 34879, June 12,
2012) To Include Terminating Action

    AAL requested that we revise paragraph (f) of the NPRM (77 FR
34879, June 12, 2012) to state that accomplishment of Boeing Special
Attention Service Bulletin 737-54-1043, Revision 2, dated November 4,
2011, constitutes a terminating action for the specified unsafe
condition and that no further action is required.
    We disagree with the request to revise paragraph (f) of the NPRM
(77 FR 34879, June 12, 2012). The action required by paragraph (g) of
this AD, which is specified in the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 737-54-1043, Revision 2,
dated November 4, 2011, is the only action required by this AD. If
operators have previously accomplished the actions specified in Boeing
Special Attention Service Bulletin 737-54-1043, Revision 2, dated
November 4, 2011, they are in compliance with the AD, as specified in
paragraph (f) of this AD. No change has been made to this AD in this
regard.

Request To Clarify Conflicting AMOC Statements

    Alaska Airlines (ASA) requested clarification regarding conflicting
AMOC statements. ASA stated that paragraph (h)(3) of the NPRM (77 FR
34879, June 12, 2012) does not allow AMOCs approved for AD 2008-08-24,
Amendment 39-15478 (73 FR 21242, April 21, 2008), to be used for the
actions proposed in the NPRM. However, ASA pointed out that Boeing
Special Attention Service Bulletin 737-54-1043, Revision 2, dated
November 4, 2011, states that it is an approved AMOC for paragraphs (f)
and (h) of AD 2008-08-24. ASA also requested credit for actions done
previously using Boeing Special Attention Service Bulletin 737-54-1043,
Revision 2, dated November 4, 2011.
    We agree to clarify. Paragraph 1.F., ``Approval,'' of Boeing
Special Attention Service Bulletin 737-54-1043, Revision 2, dated
November 4, 2011, states that the actions specified in that service
bulletin are approved as an AMOC for paragraphs (f) and (h) of AD 2008-
08-24, Amendment 39-15478 (73 FR 21242, April 21, 2008). That AMOC
approval allows operators to use Boeing Special Attention Service
Bulletin 737-54-1043, Revision 2, dated November 4, 2011, to comply
with AD 2008-08-24. However, on the effective date of this AD, AD 2008-
08-24 will be superseded (i.e., will no longer exist), and the fact
that Boeing Special Attention Service Bulletin 737-54-1043, Revision 2,
dated November 4, 2011, refers to AD 2008-08-24 will be moot. This AD
requires the accomplishment of the actions of that service bulletin as
the primary means of compliance with this AD, and not as an AMOC.
    The intent of paragraph (h)(3) of this AD is to prevent the use of
any AMOC for AD 2008-08-24, Amendment 39-15478 (73 FR 21242, April 21,
2008), as an AMOC for this new AD. This new AD requires accomplishment
of Boeing Special Attention Service Bulletin 737-54-1043, Revision 2,
dated November 4, 2011. No credit is given for Boeing Special Attention
Service Bulletin 737-54-1043, Revision 1, dated October 19,

2009; or Boeing Special Attention Service Bulletin 737-54-1043, dated
May 2, 2007; because additional work is necessary for airplanes on
which Boeing Special Attention Service Bulletin 737-54-1043, Revision
1, dated October 19, 2009; or Boeing Special Attention Service Bulletin
737-54-1043, dated May 2, 2007; was accomplished. No change has been
made to this AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 34879, June 12, 2012) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 34879, June 12, 2012).

Costs of Compliance

    We estimate that this AD affects 1,098 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replacement...........................  14 work-hours x $85 per          $12,326         $13,516     $14,840,568
                                         hour = $1,190.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2008-08-24, Amendment 39-15478 (73 FR 21242, April 21, 2008), and
adding the following new AD:

2012-23-08 The Boeing Company: Amendment 39-17264; Docket No. FAA-
2012-0591; Directorate Identifier 2012-NM-015-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective December 31,
2012.

(b) Affected ADs

    This AD supersedes AD 2008-08-24, Amendment 39-15478 (73 FR
21242, April 21, 2008).

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any
category, as identified in Boeing Special Attention Service Bulletin
737-54-1043, Revision 2, dated November 4, 2011.
    (2) Supplemental Type Certificate (STC) ST00830SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST00830SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17. For all other AMOC requests, the
operator must request approval for an AMOC in accordance with the
procedures specified in paragraph (h) of this AD.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 54, Nacelles/pylons.

(e) Unsafe Condition

    This AD was prompted by a report of a broken drain tube assembly
on the aft fairing of the left engine strut at the clamp support
location under the aft fairing compartment, inside the heat shield
cavity of the aft fairing. There have also been reports of tube wear
at the clamp location on additional airplanes. We are issuing this
AD to prevent failure of the drain tube assemblies and clamps on the
aft fairings of the engine struts. Such failure could allow leaked
flammable fluids in the drain systems to discharge onto the heat
shields of the aft fairings of the engine struts, which could result
in an undetected and uncontrollable fire.

(f) Compliance

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

(g) Replacement

    Within 60 months after the effective date of this AD, replace
the drain tube assemblies and support clamps on the aft fairing of
the struts of engines 1 and 2 with new drain tube assemblies and
clamps, in accordance with the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 737-54-1043, Revision 2, dated
November 4, 2011.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) AMOCs approved previously in accordance with AD 2008-08-24,
Amendment 39-15478 (73 FR 21242, April 21, 2008), are not approved
as AMOCs with this AD.

(i) Related Information

    For more information about this AD, contact Ansel James,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 737-54-1043,
Revision 2, dated November 4, 2011.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport
Airplane
    Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on November 9, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-28029 Filed 11-23-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Notices]
[Page 63873]
[FR Doc No: 2019-25033]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-3145-012; ER10-1728-012; ER10-1800-013; ER10-
3116-012; ER10-3120-012; ER10-3128-012; ER10-3136-012; ER11-2036-012;
ER11-2701-014; ER13-1544-009; ER15-1579-014; ER15-1582-015; ER15-1914-
016; ER15-2679-012; ER15-2680-012; ER15-760-015; ER15-762-016; ER16-
1255-013; ER16-1609-006; ER16-1738-010; ER16-1901-010; ER16-1955-010;
ER16-1956-010; ER16-1973-010; ER16-2201-009; ER16-2224-009; ER16-2541-
009; ER16-2578-010; ER16-468-010; ER16-474-011; ER16-890-011; ER16-930-
006; ER17-1864-008; ER17-1871-008; ER17-1909-008; ER17-306-009; ER17-
544-009; ER18-1667-003; ER18-2327-002; ER18-2492-004; ER19-1179-001;
ER19-1473-001; ER19-1474-001; ER19-1597-001; ER19-846-003; ER19-847-
003.
    Applicants: AES Alamitos, LLC, AES Alamitos Energy, LLC, AES Energy
Storage, LLC, AES ES Gilbert, LLC, AES ES Tait, LLC, AES Huntington
Beach, L.L.C., AES Huntington Beach Energy, LLC, AES Integrated Energy,
LLC, AES Laurel Mountain, LLC, AES Ohio Generation, LLC, AES Redondo
Beach, L.L.C., Indianapolis Power & Light Company, Mountain View Power
Partners, LLC, Mountain View Power Partners IV, LLC, The Dayton Power
and Light Company, 65HK 8me LLC, 67RK 8me LLC, 87RL 8me LLC, Antelope
Big Sky Ranch LLC, Antelope DSR 1, LLC, Antelope DSR 2, LLC, Antelope
DSR 3, LLC, Antelope Expansion 2, LLC, Bayshore Solar A, LLC, Bayshore
Solar B, LLC, Bayshore Solar C, LLC, Beacon Solar 1, LLC, Beacon Solar
3, LLC, Beacon Solar 4, LLC, Central Antelope Dry Ranch C LLC, FTS
Master Tenant 1, LLC, FTS Master Tenant 2, LLC, ID Solar 1, LLC, Latigo
Wind Park, LLC, North Lancaster Ranch LLC, Pioneer Wind Park I LLC,
Riverhead Solar Farm, LLC, San Pablo Raceway, LLC, Sandstone Solar LLC,
Sierra Solar Greenworks LLC, Solverde 1, LLC, Summer Solar LLC, Western
Antelope Blue Sky Ranch A LLC, Western Antelope Blue Sky Ranch B LLC,
Elevation Solar C LLC, Western Antelope Dry Ranch LLC.
    Description: Supplement to June 25, 2019 Triennial Market Power
Analysis of the AES MBR Affiliates for the Southwest Region.
    Filed Date: 11/12/19.
    Accession Number: 20191112-5303.
    Comments Due: 5 p.m. ET 12/3/19.

    Docket Numbers: ER19-2473-000.
    Applicants: Basin Electric Power Cooperative, Inc.
    Description: Amendment to July 26, 2019 Request for One-Time Waiver
of certain requirements under Attachment O to MISO's Open Access
Transmission, Energy and Operating Reserve Markets Tariff of Basin
Electric Power Cooperative.
    Filed Date: 11/6/19.
    Accession Number: 20191106-5044.
    Comments Due: 5 p.m. ET 11/27/19.

    Docket Numbers: ER20-116-000.
    Applicants: Evergy Metro, Inc.
    Description: Report Filing: Supplemental Filing to a Notice of
Succession, Vol. No. 4 to be effective N/A.
    Filed Date: 11/12/19.
    Accession Number: 20191112-5260.
    Comments Due: 5 p.m. ET 12/3/19.

    Docket Numbers: ER20-363-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 373 to
be effective 10/15/2019.
    Filed Date: 11/12/19.
    Accession Number: 20191112-5254.
    Comments Due: 5 p.m. ET 12/3/19.

    Docket Numbers: ER20-364-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 301 to be
effective 12/23/2019.
    Filed Date: 11/12/19.
    Accession Number: 20191112-5258.
    Comments Due: 5 p.m. ET 12/3/19.

    Docket Numbers: ER20-365-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA SA No 5522;
Queue No. AE1-075 to be effective 10/14/2019.
    Filed Date: 11/13/19.
    Accession Number: 20191113-5011.
    Comments Due: 5 p.m. ET 12/4/19.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES20-8-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of PJM Interconnection, L.L.C.
    Filed Date: 11/12/19.
    Accession Number: 20191112-5274.
    Comments Due: 5 p.m. ET 12/3/19.

    Docket Numbers: ES20-9-000.
    Applicants: PJM Settlement, Inc.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of PJM Settlement, Inc.
    Filed Date: 11/12/19.
    Accession Number: 20191112-5292.
    Comments Due: 5 p.m. ET 12/3/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 13, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-25033 Filed 11-18-19; 8:45 am]
BILLING CODE 6717-01-P