[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Rules and Regulations]
[Pages 19622-19625]
[FR Doc No: 2022-07089]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0383; Project Identifier MCAI-2022-00264-T;
Amendment 39-21998; AD 2022-07-10]
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 A350-941 and -1041 airplanes. This AD was prompted by
a report that certain overheat detection system (OHDS) sensing elements
may not properly detect thermal bleed leak events due to a quality
escape during the manufacturing process. This AD requires revising the
operator's existing FAA-approved minimum equipment list (MEL) to
include dispatch restrictions as specified in a European Union Aviation
Safety Agency (EASA) AD, which is incorporated by reference. This AD
also prohibits the installation of affected parts. This AD also allows
operators to inspect affected parts for discrepancies, and do
applicable replacements, in order to terminate the revision of the
operator's existing MEL required by this AD. The FAA is issuing this AD
to address the unsafe condition on these products.

DATES: This AD becomes effective April 20, 2022.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 20,
2022.
    The FAA must receive comments on this AD by May 20, 2022.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. For Kidde Aerospace & Defense service
information identified in this final rule, contact Kidde Aerospace &
Defense, 4200 Airport Drive NW, Building B, Wilson, NC 27896;
telephone:<PHONE_NUMBER>; internet: https://kiddetechnologies.com/aviation.com. You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2022-0383.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0383; 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 AD, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 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-2022-0383; Project Identifier MCAI-
2022-00264-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
https://www.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 AD, 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 AD. Submissions containing CBI should be sent to Dan
Rodina, Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 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 2022-0031, dated February 25, 2022
(EASA AD 2022-0031) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A350-941 and -1041 airplanes.
    This AD was prompted by a report that certain OHDS sensing elements
may not properly detect thermal bleed leak events due to a quality
escape during the manufacturing process. The FAA is issuing this AD to
address undetected thermal bleed leak events that might not be isolated
during flight, possibly resulting in localized areas of the wing
structure being exposed to high temperatures and consequent reduced
structural integrity of the airplane. See the MCAI for additional
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0031 specifies procedures for revising the operator's
existing MEL to include dispatch restrictions (which, depending on the
configuration, includes limiting the number of inoperative days for the

OHDS sensing element or requiring certain checks in order to be
inoperative) for Airbus A350 Master Minimum Equipment List (MMEL) item
36-22-01, ``Air Leak Detection Redundancy.'' EASA AD also specifies
procedures for a detailed inspection of the affected OHDS sensing
elements for discrepancies (i.e., the related electronic centralized
aircraft monitoring (ECAM) alert is not displayed after a heat gun test
is done), and applicable replacements (which is not required by this
AD, as discussed under ``Differences Between this AD and the MCAI).''
EASA AD 2022-0031 also prohibits the installation of affected parts.
    Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated January
13, 2022, identifies affected OHDS sensing elements (those having
certain part numbers and corresponding date codes).
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

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.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2022-0031 described previously, except for any differences identified
as exceptions in the regulatory text of this AD and except as discussed
under ``Differences Between this AD and the MCAI.''
    EASA AD 2022-0031 requires operators to ``inform all flight crews''
of revisions to the operator's existing MMEL, and thereafter to
``operate the aeroplane accordingly.'' However, this AD does not
specifically require those actions as they are already required by FAA
regulations.
    FAA regulations (14 CFR 121.628(a)(2)) require operators to provide
pilots with access to all of the information contained in the
operator's existing MEL. Furthermore, 14 CFR 121.628(a)(5) requires
airplanes to be operated under all applicable conditions and
limitations contained in the operator's existing MEL. Therefore,
including a requirement in this AD to operate the airplane according to
the revised MEL would be redundant and unnecessary.

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 2022-0031 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2022-0031 in its entirety 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 2022-0031 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
2022-0031. Service information required by EASA AD 2022-0031 for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0383 after this AD is
published.

Differences Between This AD and the MCAI

    EASA AD 2022-0031 requires an inspection of affected parts for
discrepancies within 36 months, and replacing discrepant parts.
However, the planned compliance time for the inspection would allow
enough time to provide notice and opportunity for prior public comment
on the merits of the inspection. Therefore, the FAA is considering
further rulemaking to require the inspection and replacement. This AD
does not mandate that inspection, instead making it an optional action
in this AD. Accomplishing the inspection, and applicable replacements,
will constitute terminating action for the revision of the operator's
existing MEL required by this AD. The terminating action is specified
in paragraph (5) of EASA AD 2022-0031.

FAA's Justification 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.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because undetected thermal bleed leak events that might not be isolated
during flight could result in localized areas of the wing structure
being exposed to high temperatures and consequent reduced structural
integrity of the airplane. The OHDS sensing elements are critical to
continued airworthiness of the airplane because an undetected hot air
leak might lead to permanent damage to the surrounding loaded
structure. Additionally, the revision of the operator's existing MEL
required by this AD must be done within 30 days in order to address the
unsafe condition. Accordingly, notice and opportunity for prior public
comment are impracticable and contrary to the public interest pursuant
to 5 U.S.C. 553(b)(3)(B).
    In addition, 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,
for the same reasons the FAA found good cause to forgo notice and
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the 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

    The FAA estimates that this AD affects 29 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85           $2,465
----------------------------------------------------------------------------------------------------------------

                  Estimated Costs for Optional Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
13 work-hours x $85 per hour = $1,105.              $0           $1,105
------------------------------------------------------------------------

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

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hours x $85 per hour = $85.....            * $0            * $85
------------------------------------------------------------------------
* The FAA has received no definitive data on the parts cost.

    According to the parts manufacturer, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators. The FAA does not control warranty coverage for
affected operators. As a result, the FAA has included all known costs
in the cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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:

2022-07-10 Airbus SAS: Amendment 39-21998; Docket No. FAA-2022-0383;
Project Identifier MCAI-2022-00264-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 20, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report that certain overheat detection
system (OHDS) sensing elements may not properly detect thermal bleed
leak events due to a quality escape during the manufacturing
process. The FAA is issuing this AD to address undetected thermal
bleed leak events that might not be isolated during flight, possibly
resulting in localized areas of the wing structure being exposed to
high temperatures and consequent reduced structural integrity of the
airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0031, dated February 25, 2022 (EASA AD 2022-0031).

(h) Exceptions to EASA AD 2022-0031

    (1) Where EASA AD 2022-0031 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0031 has a definition for ``Affected
part'' and refers to ``the VSB [vendor service bulletin]'' for the

part numbers and date codes, for this AD, use Kidde Aerospace &
Defense Service Bulletin CFD-26-3, dated January 13, 2022, as ``the
VSB'' for the part numbers and date codes.
    (3) Where EASA AD 2022-0031 has a definition for ``Groups'' and
identifies certain airplanes as Group 2 airplanes, replace the text,
``An aeroplane having an MSN [manufacturer serial number] not listed
in the Section 1.A of the SB is Group 2, provided it is determined
that no affected part has been installed on any affected position of
that aeroplane since Airbus date of manufacture'' with ``An
aeroplane having an MSN not listed in the Section 1.A of Airbus
Service Bulletin A350-36-P032, dated December 3, 2021, is Group 2,
provided it is determined that no affected part has been installed
on any affected position of that aeroplane since Airbus date of
manufacture.''
    (4) Where paragraphs (2) and (3) of EASA AD 2022-0031 require a
detailed inspection of affected parts and applicable corrective
actions, this AD does not require those actions, but allows
performing those actions as terminating action for the revision of
the operator's existing minimum equipment list (MEL) as specified in
paragraph (5) of EASA AD 2022-0031.
    (5) The ``Remarks'' section of EASA AD 2022-0031 does not apply
to this AD.
    (6) Where paragraph (1) of EASA 2022 0031 specifies to ``inform
all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations.

(i) No Reporting Requirement and No Return of Parts

    (1) Although the service information referenced in EASA AD 2022-
0031 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
    (2) Although the service information referenced in EASA AD 2022-
0031 specifies to return certain parts to the manufacturer, this AD
does not include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, 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.
    (3) Required for Compliance (RC): Except as required by
paragraphs (i) and (j)(2) of this AD, if any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

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

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0031,
dated February 25, 2022.
    (ii) Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated
January 13, 2022.
    (3) For EASA AD 2022-0031, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) For Kidde Aerospace & Defense service information, contact
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B,
Wilson, NC 27896; telephone:<PHONE_NUMBER>; internet: https://kiddetechnologies.com/aviation.com.
    (5) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (6) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 24, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-07089 Filed 4-4-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Pages 95051-95052]
[FR Doc No: 2016-30776]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R06-OAR-2016-0293; FRL-9956-92-Region 6]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Louisiana; Redesignation of
Baton Rouge 2008 8-Hour Ozone Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act) the
Environmental Protection Agency (EPA) is approving the State of
Louisiana's request to redesignate the five-parish Baton Rouge
Nonattainment Area (BRNA or Area) for the 2008 8-hour ozone National
Ambient Air Quality Standards (NAAQS or standard) to attainment. EPA is
also approving a State Implementation Plan (SIP) revision containing a
maintenance plan for the area, including motor vehicle emission budgets
(MVEBs) for nitrogen oxides (NOX) and volatile organic
compounds (VOC) for the years 2022 and 2027. EPA has determined that
the BRNA is continuing to attain the 2008 ozone NAAQS and has met the
CAA criteria for redesignation to attainment.

DATES: This rule is effective on January 26, 2017.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2016-0293. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Wendy Jacques,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our
November 4, 2016 proposal (81 FR 76891). In that document we proposed
to determine that the BRNA continues to attain the 2008 ozone NAAQS; to
approve into the SIP Louisiana's plan for maintaining the 2008 ozone
NAAQS (maintenance plan), including the associated MVEBs; and to
redesignate the BRNA to attainment for the 2008 ozone NAAQS. We did not
receive any comments regarding our proposal.

II. What are the effects of EPA's final action?

    Approval of Louisiana's redesignation request changes the legal
designation of the BRNA as found at 40 CFR part 81, from nonattainment
to attainment for the 2008 ozone NAAQS. Approval of Louisiana's
associated SIP revision also incorporates a plan for maintaining the
2008 ozone NAAQS in the BRNA through 2027 into the SIP. This
maintenance plan includes contingency measures to remedy any future
violations of the 2008 ozone NAAQS and procedures for evaluation of
potential violations. The maintenance plan also establishes
NOX and VOC MVEBs for 2022 and 2027 for the Baton Rouge
Area. The MVEBs, in tons per day (tpd) are listed in Table 1.

                 Table 1--MVEBs for the Baton Rouge Area
                                  [tpd]
------------------------------------------------------------------------
                     Year                           NOX          VOC
------------------------------------------------------------------------
2022..........................................        14.37        13.19
2027..........................................        10.95        11.55
------------------------------------------------------------------------

III. Final Action

    We are approving the State of Louisiana's request to redesignate
the BRNA for the 2008 8-hour ozone NAAQS to attainment; and the
associated maintenance plan SIP revision for the area, including
NOX and VOC MVEBs for the years 2022 and 2027. We have
determined that the BRNA is continuing to attain the 2008 ozone NAAQS
and has met the CAA criteria for redesignation from nonattainment to
attainment for the 2008 ozone NAAQS.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must

submit a rule report, which includes a copy of the rule, to each House
of the Congress and to the Comptroller General of the United States.
EPA will submit a report containing this action and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. A major rule cannot take effect until
60 days after it is published in the Federal Register. This action is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 27, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: December 16, 2016.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart T--Louisiana

0
2. In Sec.  52.970(e) the second table titled ``EPA-Approved Louisiana
Nonregulatory Provisions and Quasi-Regulatory Measures'' is amended by
adding an entry at the end for ``2008 8-hour Ozone NAAQS Redesignation
Request and Maintenance Plan'' to read as follows:

Sec.  52.970  Identification of plan.

* * * * *
    (e) * * *

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

                                                  * * * * * * *
2008 8-hour Ozone NAAQS             Baton Rouge Area.....        5/2/2015  12/27/2016, [Insert
 Redesignation Request and                                                  Federal Register
 Maintenance Plan.                                                          citation].
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. In Sec.  81.319, the table entitled ``Louisiana-2008 8-Hour Ozone
NAAQS (Primary and secondary)'' is amended by revising the entry for
``Baton Rouge, LA'' to read as follows:

Sec.  81.319  Louisiana.

* * * * *

                                       Louisiana--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                    Designation                           Classification
         Designated area          ------------------------------------------------------------------------------
                                           Date \1\                  Type            Date \1\          Type
----------------------------------------------------------------------------------------------------------------
Baton Rouge, LA \2\..............  12/27/2016, [Insert       Attainment.........      12/27/2016
                                    Federal Register
                                    citation].
    Ascension Parish.
    East Baton Rouge Parish.
    Iberville Parish.
    Livingston Parish.
    West Baton Rouge Parish.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

* * * * *

[FR Doc. 2016-30776 Filed 12-23-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: March 1, 2010 (Volume 75, Number 39)]
[Notices]
[Page 9198-9199]
[DOCID:fr01mr10-62]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 2

February 18, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-340-001.
    Applicants: Wyoming Interstate Company, Ltd.
    Description: Wyoming Interstate Co, Ltd submits the updated
quarterly fuel and lost and unaccounted-for reimbursement percentages.
    Filed Date: 02/03/2010.
    Accession Number: 20100204-0202.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 23, 2010.

    Docket Numbers: RP04-274-022.
    Applicants: Kern River Gas Transmission Company.
    Description: Kern River Gas Transmission Company submits pro forma
tariff sheets and supporting schedules.
    Filed Date: 02/01/2010.
    Accession Number: 20100202-0237.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 23, 2010.

    Docket Numbers: RP10-272-001.
    Applicants: Millennium Pipeline Company, L.L.C.
    Description: Millennium Pipeline Co, LLC submits Substitute Second
Revised Sheet No. 233 to FERC Gas Tariff, Original Volume No. 1,
effective February 1, 2010.
    Filed Date: 02/01/2010.
    Accession Number: 20100202-0238.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 16, 2010.

    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of Section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons
unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Secretary.
[FR Doc. 2010-4149 Filed 2-26-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Page 46814]
[FR Doc No: 2017-21638]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3387-EM; Docket ID FEMA-2017-0001]

Georgia; Amendment No. 3 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the State of Georgia (FEMA-3387-EM), dated September 8, 2017, and
related determinations.

DATES: This amendment was issued September 26, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this emergency is closed effective September 20, 2017.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-21638 Filed 10-5-17; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: February 5, 2008 (Volume 73, Number 24)]
[Notices]
[Page 6719-6720]
[DOCID:fr05fe08-54]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R05-OAR-2007-0653; FRL-8525-4]

Adequacy Status of the Metro-East St. Louis, IL, Submitted 8-Hour
Ozone Attainment Demonstration and State Implementation Plan for
Transportation Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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

SUMMARY: In this notice, EPA is notifying the public that we have found
that the motor vehicle emissions budgets (MVEBs) for 8-hour ozone in
Metro-East St. Louis (Madison, Monroe, St. Clair, and Jersey Counties),
Illinois, are adequate for conformity purposes. As a result of our
finding, Metro-East St. Louis must use the MVEBs from the 8-hour ozone
attainment demonstration and state implementation plan (SIP) submitted
on July 2, 2007, for future conformity determinations.

DATES: This finding is effective February 20, 2008.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Life Scientist,
Criteria Pollutant Section (AR-18J), Air Programs Branch, Air and
Radiation Division, United States Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
353-8777<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'' or ``our'' is used, we mean EPA.

Background

    Today's action is simply an announcement of a finding that we have
already made. EPA Region 5 sent a letter to the Illinois Environmental
Protection Agency on December 19, 2007, stating that the 2008 and 2009
MVEBs in Metro-East St. Louis are adequate. Illinois submitted the
budgets on July 2, 2007, as part of the 8-hour ozone attainment
demonstration for this area. This submittal was announced on EPA's
conformity Web site, and received no comments: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm
, (once there, click on ``What SIP

submissions are currently under EPA adequacy review?'').
    The 2008 and 2009 MVEBs, in tons per day (tpd), for volatile
organic compounds (VOC) and oxides of nitrogen (NOx) for
Metro-East St. Louis (Madison, Monroe, St. Clair, and Jersey Counties)
are as follows:

------------------------------------------------------------------------
                                                 2008 MVEB    2009 MVEB
                                                   (tpd)        (tpd)
------------------------------------------------------------------------
VOC...........................................        14.27        13.44
NOX...........................................        34.87        31.94
------------------------------------------------------------------------

    Transportation conformity is required by section 176(c) of the
Clean Air Act. EPA's conformity rule requires that transportation
plans, programs, and projects conform to state air quality
implementation plans and establishes the criteria and procedures for
determining whether or not they do. Conformity to a SIP means that
transportation activities will not produce new air quality violations,
worsen existing violations, or delay timely attainment of the national
ambient air quality standards.
    The criteria by which we determine whether a SIP's motor vehicle
emission budgets are adequate for conformity purposes are outlined in
40 CFR 93.118(e)(4). We have described our process for determining the
adequacy of submitted SIP budgets in our July 1, 2004, preamble
starting at 69 FR 40038, and we used the information in these resources
while making our adequacy determination. Please note that an adequacy
review is separate from EPA's completeness review, and it also should
not be used to prejudge EPA's ultimate approval of the SIP. Even if we
find a budget adequate, the SIP could later be disapproved.
    The finding and the response to comments are available at EPA's
conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm
.

    Authority: 42 U.S.C. 7401-7671 q.

    Dated: January 24, 2008.
Margaret Guerriero,
Acting Regional Administrator, Region 5.
[FR Doc. E8-2084 Filed 2-4-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: September 21, 2007 (Volume 72, Number 183)]
[Notices]
[Page 54030-54031]
[DOCID:fr21se07-81]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Project No. 12576-001]

CRD Hydroelectric LLC; Notice of Intent to File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

 September 14, 2007.
    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 12576-001.
    c. Dated Filed: July 30, 2007.
    d. Submitted By: CRD Hydroelectric LLC (CRD Hydro).
    e. Name of Project: Red Rock Hydroelectric Project.
    f. Location: The project would be located at the existing Red Rock
Dam on the Des Moines River in Marion County, Iowa. The project would
occupy federal land administered by the U.S. Corps of Engineers.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations
    h. Applicant Contact: Mr. Douglas Spaulding, 8441 Wayzata Blvd.,
Suite 101, Golden Valley, MN 55426<PHONE_NUMBER>.
    i. FERC Contact: Tim Konnert,<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
    j. CRD Hydro filed its request to use the Traditional Licensing
Process on July 30, 2007. CRD Hydro filed public notice of its request
on August 16, 2007. In a letter dated September 13, 2007, the Director
of the Office of Energy Projects approved CRD Hydro's request to use
the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with:
(a) the U.S. Fish and Wildlife Service under section 7 of the
Endangered Species Act; and (b) the Iowa State Historic Preservation
Officer, as required by section 106, National Historical Preservation
Act, and the implementing regulations of the Advisory Council on
Historic Preservation at 36 CFR 800.2.
    l. CRD Hydro filed a Pre-Application Document (PAD; including a
proposed process plan and schedule) with the Commission, pursuant to 18
CFR 5.6 of the Commission's regulations.
    m. A copy of the PAD is available for review at the Commission in
the Public

Reference Room or may be viewed on the Commission's Web site (http://www.ferc.gov
), using the ``eLibrary'' link. Enter the docket number,

excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

(202) 502-8659. A copy is also available for inspection and
reproduction at the address in paragraph h.
    Register online at http://ferc.gov/esubscribenow.htm to be notified

via e-mail of new filing and issuances related to this or other pending
projects. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-18670 Filed 9-20-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Notices]
[Pages 49593-49596]
[FR Doc No: 2022-17248]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0386]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Registration and
Product Listing for Owners and Operators of Domestic Tobacco Product
Establishments and Listing of Ingredients in Tobacco Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995 (PRA).

DATES: Submit written comments (including recommendations) on the
collection of information by September 12, 2022.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0650. Also include the FDA docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Registration and Product Listing for Owners and Operators of Domestic
Tobacco Product Establishments and Listing of Ingredients in Tobacco
Products

OMB Control Number 0910-0650--Extension

    On June 22, 2009, the Family Smoking Prevention and Tobacco Control
Act (Tobacco Control Act) (Pub. L. 111-31) was signed into law. The
Tobacco Control Act amended the Federal Food, Drug, and Cosmetic Act
(FD&C Act) by adding, among other things, a chapter granting FDA
important authority to regulate the manufacture, marketing, and
distribution of tobacco products to protect the public health generally
and to reduce tobacco use by minors. The Tobacco Control Act created
new requirements for the tobacco industry. Section 101 of the Tobacco
Control Act amended the FD&C Act by adding, among others, sections 905
and 904 (21 U.S.C. 387e and 387d).
    Section 905 of the FD&C Act requires the annual registration of any
``establishment in any State engaged in the manufacture, preparation,
compounding, or processing of a tobacco product or tobacco products.''
Section 905 of the FD&C Act requires this registration be completed by
December 31 of each year. The Secretary of Health and Human Services
(Secretary) has delegated to the Commissioner of Food and Drugs the
responsibility for administering the FD&C Act, including section 905.
Section 905 of the FD&C Act requires owners or operators of each
establishment to register: (1) their name; (2) places of business; (3)
a list of all tobacco products which are

manufactured by that person; (4) a copy of all labeling and a reference
to the authority for the marketing of any tobacco product subject to a
tobacco product standard under section 907 of the FD&C Act (21 U.S.C.
387g) or to premarket review under section 910 of the FD&C Act (21
U.S.C. 387j); (5) a copy of all consumer information and other
labeling; (6) a representative sampling of advertisements; (7) upon
request made by the Secretary for good cause, a copy of all
advertisements for a particular tobacco product; and (8) upon request
made by the Secretary, if the registrant has determined that a tobacco
product contained in the product list is not subject to a tobacco
product standard established under section 907 of the FD&C Act, a brief
statement of the basis upon which the registrant made such
determination.
    FDA collects the information submitted pursuant to section 905 of
the FD&C Act through an electronic portal, and through paper forms
(Forms FDA 3741 https://www.fda.gov/media/77915/download and 3741a
https://www.fda.gov/media/99863/download) for those individuals who
choose not to use the electronic portal.
    FDA has also published a guidance for industry entitled
``Registration and Product Listing for Owners and Operators of Domestic
Tobacco Product Establishments'' (https://www.fda.gov/downloads/TobaccoProducts/Labeling/RulesRegulationsGuidance/UCM191940.pdf). This
guidance is intended to assist persons making tobacco product
establishment registration and product listing submissions to FDA.
    Section 904(a)(1) of the FD&C Act requires that each tobacco
product manufacturer or importer submit ``a listing of all ingredients,
including tobacco, substances, compounds, and additives that are, as of
such date, added by the manufacturer to the tobacco, paper, filter, or
other part of each tobacco product by brand and by quantity in each
brand and subbrand'' by December 22, 2009. This section applies only to
those tobacco products manufactured and distributed before June 22,
2009, and which are still manufactured as of the date of the ingredient
listing submission.
    Section 904(c) of the FD&C Act requires that a tobacco product
manufacturer: (1) provide all information required under section 904(a)
of the FD&C Act to FDA ``at least 90 days prior to the delivery for
introduction into interstate commerce of a tobacco product not on the
market on the date of enactment'' of the Tobacco Control Act; (2)
advise FDA in writing at least 90 days prior to adding any new tobacco
additive or increasing in quantity an existing tobacco additive, except
for those additives that have been designated by FDA through regulation
as not a human or animal carcinogen, or otherwise harmful to health
under intended conditions of use; and (3) advise FDA in writing at
least 60 days of such action of eliminating or decreasing an existing
additive, or adding or increasing an additive that has been designated
by FDA through regulation as not a human or animal carcinogen, or
otherwise harmful to health under intended conditions of use.
    FDA collects the information submitted pursuant to section
904(a)(1) and 904(c) of the FD&C Act through an electronic portal, and
through a paper form (Form FDA 3742 https://www.fda.gov/media/77661/download) for those individuals who choose not to use the electronic
portal.
    In addition to the development of the electronic portal and paper
form, FDA published a guidance entitled ``Listing of Ingredients in
Tobacco Products'' (https://www.fda.gov/media/101162/download). This
guidance is intended to assist persons making tobacco product
ingredient listing submissions. FDA also provides a technical guide,
embedded hints, and a web tutorial to the electronic portal.
    The Tobacco Control Act also gave FDA the authority to issue a
regulation deeming all other products that meet the statutory
definition of a tobacco product to be subject to Chapter 9 of the FD&C
Act (section 901(b) of the FD&C Act (21 U.S.C. 387a(b))). On May 10,
2016, FDA issued that rule, extending FDA's tobacco product authority
to all products that meet the definition of tobacco product in the law
(except for accessories of newly regulated tobacco products), including
electronic nicotine delivery systems, cigars, hookah tobacco, pipe
tobacco, nicotine gels, and dissolvables that were not already subject
to the FD&C Act, and other tobacco products that may be developed in
the future (81 FR 28974 at 28976) (``the final deeming rule'').
    In the Federal Register of January 28, 2022 (87 FR 4622), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. One comment was received that was not PRA
related.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Number of
   FDA form; activity; Tobacco Control Act        Number of     responses per   Total annual        Average burden per recordkeeping        Total hours
                   section                       respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tobacco Product Establishment Initial                     200               1             200  1.6......................................             320
 Registration and Listing; Form FDA 3741
 Registration and Product Listing for Owners
 and Operators of Domestic Establishments
 (Electronic and Paper submissions); sections
 905(b)-(d), 905(h), or 905(i).
Tobacco Product Establishment Renewal                   2,572               1           2,572  0.16 (10 minutes)........................             412
 Registration and Listing; Form FDA 3741
 Registration and Product Listing for Owners
 and Operators of Domestic Establishments
 (Electronic and Paper submissions); sections
 905(b)-(d), 905(h), or 905(i).
Tobacco Product Listing; Form FDA 3742                     16               1              16  2........................................              32
 Listing of Ingredients (Electronic and Paper
 submissions); section 904(a)(1).
Tobacco Product Listing; Form FDA 3742                     37              10             370  0.40 (24 minutes)........................             148
 Listing of Ingredients (Electronic and Paper
 submissions); section 904(c).
Obtaining a Dun and Bradstreet (D-U-N-S)                  100               1             100  0.5 (30 minutes).........................              50
 Number.
                                              ----------------------------------------------------------------------------------------------------------
    Total....................................  ..............  ..............  ..............  .........................................             962
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Since the publishing of the 60-day notice, the Consolidated
Appropriations Act of 2022 (the Appropriations Act, Pub. L. 117-103),
enacted on March 15, 2022, amended the definition of the term ``tobacco
product'' in section 201(rr) of the FD&C Act (21 U.S.C. 321(rr)) to
include products that contain nicotine from any source. As a result,

non-tobacco nicotine (NTN) products that were not previously subject to
the FD&C Act (e.g., products containing synthetic nicotine) are now
subject to all of the tobacco product provisions in the FD&C Act
beginning on April 14, 2022. Based on this new authority the owners and
operators of establishments engaged in the manufacture, preparation,
compounding, or processing of tobacco products containing NTN must
register with the FDA and list all these tobacco products that they
manufacture, prepare, compound, or process for commercial distribution.
As such we have revised the estimates in the burden chart to account
for products containing NTN.
    The PRA burden estimates have been updated to fully incorporate the
use of an electronic system known as Tobacco Registration and Product
Listing Module Next Generation (TRLM NG) for submitting registration
and product listing information to FDA. With the TRLM NG, manufacturers
can enter information quickly and easily. For example, product label
pictures can be uploaded directly. We anticipate that most, if not all
companies, already have electronic versions of their labels for
printing, sales, or marketing purposes.
    Product listing information is provided at the time of
registration. Currently, registration and listing requirements only
apply to domestic establishments engaged in the manufacture,
preparation, compounding, or processing of a tobacco product. This
includes importers to the extent that they engage in the manufacture,
preparation, compounding, or processing of a tobacco product, including
repackaging or otherwise changing the container, wrapper, or labeling
of any tobacco product package. Foreign establishments are not required
to register and list until FDA issues regulations establishing such
requirements in accordance with section 905(h) of the FD&C Act. To
account for the foregoing, we include both domestic manufacturing
establishments and importers in our estimates.
    The deadline for initial establishment registration and product
listing for both statutorily regulated and deemed products has passed.
However, pursuant to the new authority provided by the Appropriations
Act, the FD&C Act now includes specific language that makes clear FDA
has the authority the owners and operators of establishments engaged in
the manufacture, preparation, compounding, or processing of tobacco
products containing NTN must register with the FDA and list all these
tobacco products that they manufacture, prepare, compound, or process
for commercial distribution.
    FDA estimates up to 200 new establishments will submit one initial
establishment registration and product listing report each year. Such
new establishments potentially include manufacturers of NTN products,
new vape shop locations that mix or assemble tobacco products on the
market as of the final deeming rule effective date. The Agency
estimates that up to 200 tobacco establishments will each submit 1
initial establishment registration and product listing report each
year, which is expected to take 1.6 hours, for a total 320 burden
hours.
    FDA estimates that the confirmation or updating of establishment
registration and product listing information as required by section 905
of the FD&C Act will take 10 minutes annually per confirmation or
update per establishment. Based on FDA's experience with current
establishment registration and product listings submitted to the
Agency, the Agency estimates that on average 2,572 establishments will
each submit one confirmation or updated report each year, which is
expected to take 0.16 hour (10 minutes) for a total 412 burden hours.
    FDA estimates that the submission of ingredient listings required
by section 904(a)(1) of the FD&C Act for each establishment will take 2
hours initially. Ingredients may be submitted electronically through
the Center for Tobacco Products portal or if unable to submit
ingredients electronically then by mail using Form FDA 3742. We expect
all 904(a)(1) tobacco ingredient submissions to have been received
prior to November 8, 2018, for small manufacturers and large
manufacturers, May 8, 2018, for cigarettes, cigarette tobacco, roll-
your-own, smokeless tobacco, and deemed tobacco products. While all
manufacturers have been expected to submit 904(a)(1) tobacco ingredient
submissions, there may be a small number of firms that have missed this
deadline. We are estimating approximately three manufacturers may have
missed their deadline. This is based on estimates of how many late
submissions FDA has received after the deadline. Because this burden
estimate covers 3 years, we are dividing by 3, to yield 1 respondent as
a yearly average for this estimate. Additionally, manufacturers for
tobacco products containing nicotine that is not made or derived from
tobacco must complete initial tobacco ingredient submissions for such
products per section 904(a)(1) of the FD&C Act. Therefore, FDA
estimates that 16 establishments will initially submit one report
annually at 2 hours per report, for a total of 32 hours.
    Submissions under section 904(c) of the FD&C Act are for any new
product that is not yet on the market (e.g., if on the market due to
deeming compliance period, deemed product manufacturers should have
submitted under section 904(a)(1) of the FD&C Act). This includes any
statutorily regulated product that would receive a marketing
authorization, any new deemed product not subject to the deeming
compliance period, and any new NTN products not on the market as of
April 14, 2022. For deemed product categories and NTN products, there
is a portion of these applicants who will have reported their
ingredients under section 904(a)(1) of the FD&C Act as most of these
submissions are expected to be for products subject to section
904(a)(1) requirements.
    Based on FDA's experience and the number of new products authorized
to be introduced or delivered for introduction into interstate commerce
submitted over the past 3 years, FDA estimates that 37 establishments
will each submit 10 reports (1 every 6 months). FDA also estimates that
the confirmation or updating of product (ingredient) listing
information required by section 904(c) of the FD&C Act is expected to
take 0.40 hour (24 minutes) for a total 148 burden hours. FDA estimates
that obtaining a DUNS (data universal numbering system) number will
take 30 minutes. FDA assumes that all new establishment facilities that
will be required to initially register under section 905 of the FD&C
Act would obtain a DUNS number. FDA estimates that up to 100
establishments that would need to obtain this number each year. The
total industry burden to obtain a DUNS number is 50 hours.
    FDA estimates the total burden for this collection to be 962 hours.
We have adjusted our burden estimate, which has resulted in an increase
of 132 hours to the currently approved burden. As a result, NTN
products that were not previously subject to the FD&C Act (e.g.,
products containing synthetic nicotine) are now subject to all of the
tobacco product provisions in the FD&C Act beginning on April 14, 2022.
Based on this new authority the owners and operators of establishments
engaged in the manufacture, preparation, compounding, or processing of
tobacco products containing NTN must register with the FDA and list all
these tobacco products that they manufacture, prepare, compound, or
process for commercial distribution. As such we have revised the
estimates in the burden

chart to account for products containing NTN.

    Dated: August 5, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-17248 Filed 8-10-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Notices]
[Pages 10763-10765]
[FR Doc No: 2018-04923]

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

Federal Aviation Administration

Notice of Intent of Waiver With Respect to Land; Fort Wayne
International Airport, Fort Wayne, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: The FAA is considering a proposal to change approximately
78.902 acres of airport land from aeronautical use to non-aeronautical
use of airport property located at Ft. Wayne International, Ft. Wayne,
IN. The aforementioned land is not needed for aeronautical use.
    Fort Wayne International Airport (FWA) proposes to release
approximately 78.902 acres of land located on the northeast corner of
existing airport property. The land is located to the east of Keller
Road and the west of Ardmore Avenue. The land to be released is
comprised of Tract 7, Tract 8, and Tract 9 as described in the survey.
The land is owned by the Fort Wayne-Allen County Airport Authority
(FWACAA). The property was originally purchased for the purpose of
economic development and to enable the Authority to ensure airport
compatible development. The Sponsor is proposing to release and
ultimately sell or lease these parcels per local zoning regulations.
The proposed future use of the land will be for compatible commercial
or industrial developments. The sale of these parcels would allow the
Sponsor to further financially support airfield improvement projects.
Of the tracts proposed for release, none were acquired with FAA
Funding.

DATES: Comments must be received on or before April 11, 2018.

ADDRESSES: Documents are available for review by appointment at the FAA
Chicago Airports District Office, Rob Esquivel, Program Manager, 2300
East Devon Avenue, Des Plaines, IL 60018, Telephone:<PHONE_NUMBER>/
Fax:<PHONE_NUMBER> and Fort Wayne Allen County Airport Authority, 3801
W. Ferguson Rd., Ste. 209, Fort Wayne, IN 46809, Telephone: (260) 446-
3428.
    Written comments on the Sponsor's request must be delivered or
mailed to: Rob Esquivel, Program Manager, Federal Aviation
Administration, Chicago Airports District Office, 2300 East Devon
Avenue, Ste. 312, Des Plaines, IL 60018, Telephone:<PHONE_NUMBER>/Fax:
(847) 294-7046.

FOR FURTHER INFORMATION CONTACT: Rob Esquivel, Program Manager, Federal
Aviation Administration, Chicago Airports District Office, 2300 East
Devon Avenue, Ste. 312 Des Plaines, IL 60018, Telephone: (847) 294-
7340/Fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with section 47107(h) of Title
49, United States Code, this notice is required to be published in the
Federal Register 30 days before modifying the land-use assurance that
requires the property to be used for an aeronautical purpose.
    The land is owned by the Fort Wayne-Allen County Airport Authority
(FWACAA). The property was originally purchased for the purpose of
economic development and to enable the Authority to ensure airport
compatible development. The Sponsor is proposing to release and
ultimately sell or lease these parcels per local zoning regulations.
The proposed future use of the land will be for compatible commercial
or industrial developments.
    The disposition of proceeds from the sale of the airport property
will be in accordance with FAA's Policy and Procedures Concerning the
Use of Airport Revenue, published in the Federal Register on February
16, 1999 (64 FR 7696).
    This notice announces that the FAA is considering the release of
the subject airport property at the Fort Wayne International Airport,
Fort Wayne, IN from federal land covenants, subject to a reservation
for continuing right of flight as well as restrictions on the released
property as required in FAA Order 5190.6B section 22.16. Approval does
not constitute a commitment by the FAA to financially assist in the
disposal of the subject airport property

nor a determination of eligibility for grant-in-aid funding from the
FAA.

Legal Description: Tract 7--25.000 Acres

    Part of the Southwest Quarter and Southeast Quarter of Section 5,
Township 29 North, Range 12 East of the Second Principal Meridian,
Pleasant Township in Allen County, Indiana, more particularly described
as follows:
    Commencing at a 1'' pinched pipe marking the Northeast corner of
said Southeast Quarter; thence North 89 degrees 58 minutes 31 seconds
West (GPS Grid bearing and basis of bearings to follow), a distance of
689.63 feet (deed) along the North line of said Southeast Quarter to a
DuraNail with a ``Miller'' identification ring set on the centerline of
Indianapolis Road; thence continuing North 89 degrees 58 minutes 31
seconds West, a distance of 2864.85 feet along said North line and
along the North line of said Southwest Quarter to a 5/8'' steel rebar
with a ``Miller Firm #0095'' identification cap set; thence South 00
degrees 01 minutes 42 seconds West, a distance of 59.40 feet to a
DuraNail with a ``Miller'' identification ring set at the POINT OF
BEGINNING of the herein described tract; thence Southeasterly along a
curve, concave to the Southwest, having a radius of 308.50 feet, a
central angle of 44 degrees 07 minutes 33 seconds, and a chord of
231.76 feet bearing South 67 degrees 43 minutes 14 seconds East to a
DuraNail with a ``Miller'' identification ring set; thence South 45
degrees 39 minutes 27 seconds East, a distance of 1008.91 feet to a
DuraNail with a ``Miller'' identification ring set; thence South 45
degrees 39 minutes 27 seconds East, a distance of 491.92 feet to a
DuraNail with a ``Miller'' identification ring set on a tangent curve,
concave to the Northeast, having a radius of 1166.00 feet, a central
angle of 12 degrees 15 minutes 31 seconds, and a chord of 249.00 feet
bearing South 51 degrees 47 minutes 13 seconds East to a DuraNail with
a ``Miller'' identification ring set; thence South 57 degrees 54
minutes 58 seconds East, a distance of 300.59 feet to a DuraNail with a
``Miller'' identification ring set; thence South 32 degrees 03 minutes
29 seconds West, a distance of 538.19 feet to a 5/8'' steel rebar with
a ``Miller Firm #0095'' identification cap set; thence North 45 degrees
39 minutes 27 seconds West, a distance of 2730.62 feet to a DuraNail
with a ``Miller'' identification ring set; thence South 89 degrees 47
minutes 01 seconds East, a distance of 500.40 feet to the Point of
Beginning. Containing 25.000 Acres, more or less. Subject to easements
of record.

Legal Description: Tract 8--34.606 Acres

    Part of the Southwest Quarter and Southeast Quarter of Section 5,
Township 29 North, Range 12 East of the Second Principal Meridian,
Pleasant Township in Allen County, Indiana, more particularly described
as follows:
    Commencing at a 1'' pinched pipe marking the Northeast corner of
said Southeast Quarter; thence North 89 degrees 58 minutes 31 seconds
West (GPS Grid bearing and basis of bearings to follow), a distance of
689.63 feet (deed) along the North line of said Southeast Quarter to a
DuraNail with a ``Miller'' identification ring set on the centerline of
Indianapolis Road, said point also being the POINT OF BEGINNING of the
herein described tract; thence South 32 degrees 03 minutes 32 seconds
West, a distance of 1158.41 feet along said centerline to a DuraNail
with a ``Miller'' identification ring set; thence North 62 degrees 10
minutes 45 seconds West, a distance of 62.09 feet to a DuraNail with a
``Miller'' identification ring set on a tangent curve, concave to the
Northeast, having a radius of 216.00 feet, a central angle of 16
degrees 22 minutes 18 seconds, and a chord of 61.51 feet bearing North
53 degrees 59 minutes 35 seconds West to a DuraNail with a ``Miller''
identification ring set; thence North 45 degrees 48 minutes 26 seconds
West, a distance of 610.87 feet to a DuraNail with a ``Miller''
identification ring set on a tangent curve, concave to the South,
having a radius of 300.00 feet, a central angle of 89 degrees 47
minutes 27 seconds, and a chord of 423.49 feet bearing South 89 degrees
17 minutes 50 seconds West to a DuraNail with a ``Miller''
identification ring set; thence South 44 degrees 24 minutes 07 seconds
West, a distance of 497.18 feet to a DuraNail with a ``Miller''
identification ring set; thence North 45 degrees 39 minutes 27 seconds
West, a distance of 1008.91 feet to a DuraNail with a ``Miller''
identification ring set on a tangent curve, concave to the Southwest,
having a radius of 308.50feet, a central angle of 44 degrees 07 minutes
33 seconds, and a chord of 231.76 feet bearing North 67 degrees 43
minutes 14 seconds West to a DuraNail with a ``Miller'' identification
ring set; thence North 00 degrees 01 minutes 42 seconds East, a
distance of 59.40 feet to a 5/8'' steel rebar with a ``Miller Firm
#0095'' identification cap set on the North line of said Southwest
Quarter; thence South 89 degrees 58 minutes 31 seconds East, a distance
of 2864.85 feet along said North line and along the North line of said
Southeast Quarter to the Point of Beginning. Containing 34.606 Acres,
more or less. Subject to the right-of-way of Indianapolis Road and
subject to easements of record.

Legal Description: Tract 9--19.296 Acres

    Part of the Southeast Quarter of Section 5, Township 29 North,
Range 12 East of the Second Principal Meridian, Pleasant Township in
Allen County, Indiana, more particularly described as follows:
    Commencing at a 1'' pinched pipe marking the Northeast corner of
said Southeast Quarter; thence North 89 degrees 58 minutes 31 seconds
West (GPS Grid bearing and basis of bearings to follow), a distance of
689.63 feet (deed) along the North line of said Southeast Quarter to a
DuraNail with a ``Miller'' identification ring set on the centerline of
Indianapolis Road; thence South 32 degrees 03 minutes 32 seconds West,
a distance of 1158.41 feet along said centerline to a DuraNail with a
``Miller'' identification ring set, said point also being the POINT OF
BEGINNING of the herein described tract; thence continuing South 32
degrees 03 minutes 32 seconds West, a distance of 701.53 feet along
said centerline to a DuraNail with a ``Miller'' identification ring
set; thence North 78 degrees 06 minutes 46 seconds West, a distance of
48.73 feet to a DuraNail with a ``Miller'' identification ring set;
thence North 57 degrees 54 minutes 58 seconds West, a distance of
108.37 feet to a DuraNail with a ``Miller'' identification ring set;
thence North 57 degrees 54 minutes 58 seconds West, a distance of
300.59 feet to a DuraNail with a ``Miller'' identification ring set on
a tangent curve, concave to the Northeast, having a radius of 1166.00
feet, a central angle of 12 degrees 15 minutes 31 seconds, and a chord
of 249.00 feet bearing North 51 degrees 47 minutes 13 seconds West to a
DuraNail with a ``Miller'' identification ring set; thence North 45
degrees 39 minutes 27 seconds West, a distance of 491.92 feet to a
DuraNail with a ``Miller'' identification ring set; thence North 44
degrees 24 minutes 07 seconds East, a distance of 497.18 feet to a
DuraNail with a ``Miller'' identification ring set on a tangent curve,
concave to the South, having a radius of 300.00 feet, a central angle
of 89 degrees 47 minutes 27 seconds, and a chord of 423.49 feet bearing
North 89 degrees 17 minutes 50 seconds East to a DuraNail with a
``Miller'' identification ring set; thence South 45 degrees 48 minutes
26 seconds East, a distance of 610.87 feet to a DuraNail with a
``Miller'' identification ring set on a tangent curve, concave to

the Northeast, having a radius of 216.00 feet, a central angle of 16
degrees 22 minutes 18 seconds, and a chord of 61.51 feet bearing South
53 degrees 59 minutes 35 seconds East to a DuraNail with a ``Miller''
identification ring set; thence South 62 degrees 10 minutes 45 seconds
East, a distance of 62.09 feet to the Point of Beginning. Containing
19.296 Acres, more or less. Subject to the right-of-way of Indianapolis
Road and subject to easements of record.

    Issued in Des Plaines, IL, on February, 28th, 2018.
Deb Bartell,
Manager, Chicago Airports District Office, FAA, Great Lakes Region.
[FR Doc. 2018-04923 Filed 3-9-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Rules and Regulations]
[Pages 28993-28994]
[FR Doc No: 2017-12937]

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

Federal Aviation Administration

14 CFR Part 33

[Docket No. FAA-2014-0376; Notice No. 33-014-01-SC]

Special Conditions: SNECMA, Silvercrest-2 SC-2D; Rated 10-Minute
One Engine Inoperative Takeoff Thrust at High Ambient Temperature;
Withdrawal

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; withdrawal.

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

SUMMARY: The FAA is withdrawing previously published special conditions
for the Silvercrest-2 SC-2D engine model. We are requesting the
withdrawal because the ``Rated 10-Minute One Engine Inoperative Takeoff
Thrust at High Ambient Temperature (Rated 10-Minute OEI TOTHAT) is not
needed.

DATES: As of June 27, 2017, the special conditions published on October
31, 2014, at 79 FR 64666, are withdrawn.

FOR FURTHER INFORMATION CONTACT: Tara Fitzgerald, ANE-112, Engine and
Propeller Directorate, Aircraft Certification Service, 1200 District
Avenue, Burlington, Massachusetts, 01803-5213; telephone (781) 238-
7130; facsimile<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On April 19, 2011, SNECMA, now known as Safran Aircraft Engines
(SAE) applied for a new type certificate for the Silvercrest-2 SC-2D
engine model. At that time, the Silvercrest-2 SC-2D engine model was to
have a novel or unusual design feature when compared to the state of
technology described in the airworthiness standards for aircraft
engines. The design feature included an additional takeoff rating for
the Silvercrest-2 SC-2D engine model, named ``Rated 10-Minute One
Engine Inoperative Takeoff Thrust at High Ambient Temperature'' (Rated
10-Minute OEI TOTHAT). It was intended to maintain the takeoff thrust
in certain high ambient temperature conditions for a maximum of 10
minutes with one engine inoperative (OEI).

Reason for Withdrawal

    The FAA is withdrawing Notice No. 33-014-01-SC because of concerns
raised over the sufficiency of the ``Rated 10-Minute OEI TOTHAT''
special condition to meet the Automatic Takeoff Thrust Control System
(ATTCS) design requirement specified in Title 14, Code of Federal
Regulations (14 CFR) part 25, section I25.5(b)(2).
    The proposed takeoff rating was for use during OEI events that
occur during takeoff in high ambient temperature conditions, up to 5
degrees Celsius hotter than the rated takeoff corner point. The
assumptions for this rating are no longer valid and the ``Rated 10-
Minute OEI TOTHAT'' is not needed.

Conclusion

    This withdrawal does not preclude the FAA from issuing another
notice on the subject matter in the future or committing the agency to
any future course of action.

    Issued in Burlington, Massachusetts, on June 13, 2017.
Carlos A. Pestana,
Acting Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2017-12937 Filed 6-26-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 24, 2010 (Volume 75, Number 36)]
[Notices]
[Page 8415-8416]
[DOCID:fr24fe10-150]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61528; File No. 4-443]

Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment to the Plan for the Purpose of Developing and Implementing
Procedures To Facilitate the Listing and Trading of Standardized
Options To Add BATS Exchange, Inc. as a Sponsor

February 17, 2010.
    Pursuant to Section 11A(a)(3) of the Securities Exchange Act of
1934 (``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given
that on February 2, 2010, BATS Exchange, Inc. (``BATS'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') an amendment to the Plan for the Purpose of Developing
and Implementing Procedures to Facilitate the Listing and Trading of
Standardized Options (``OLPP'').\3\ The amendment proposes to add BATS
as a Sponsor of the OLPP. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78k-1(a)(3).
    \2\ 17 CFR 242.608.
    \3\ On July 6, 2001, the Commission approved the OLPP, which was
proposed by the American Stock Exchange LLC (``Amex''), Chicago
Board Options Exchange, Incorporated (``CBOE''), International
Securities Exchange LLC (``ISE''), Options Clearing Corporation
(``OCC''), Philadelphia Stock Exchange, Inc. (``Phlx''), and Pacific
Exchange, Inc. (``PCX'') (n/k/a NYSE Arca). See Securities Exchange
Act Release No. 44521, 66 FR 36809 (July 13, 2001). On February 5,
2004, Boston Stock Exchange, Inc. (``BSE'') was added as a Sponsor
to OLPP. See Securities Exchange Act Release No. 49199, 69 FR 7030
(February 12, 2004). On March 21, 2008, the Nasdaq Stock Market, LLC
(``Nasdaq'') was added as a Sponsor to the OLPP.
---------------------------------------------------------------------------

I. Description and Purpose of the Amendment

    The current Sponsors of the OLPP are Amex, BSE, CBOE, ISE, NYSE
Arca, OCC, Phlx and Nasdaq. The proposed amendment to the OLPP would
add BATS as a Sponsor of the OLPP. A national securities exchange may
become a Sponsor if it satisfies the requirement of Section 7 of the
OLPP. Specifically an Eligible Exchange \4\ may become a Sponsor of the
OLPP by: (i) Executing a copy of the OLPP, as then in effect; (ii)
providing each current Plan Sponsor with a copy of such executed Plan;
and (iii) effecting an amendment to the OLPP, as specified in Section
7(ii) of the OLPP.
---------------------------------------------------------------------------

    \4\ The OLPP defines an ``Eligible Exchange'' as a national
securities exchange registered with the Commission pursuant to
Section 6(a) of the Exchange Act, 15 U.S.C. 78f(a), that (1) has
effective rules for the trading of options contracts issued and
cleared by the OCC approved in accordance with the provisions of the
Exchange Act and the rules and regulations thereunder and (2) is a
party to the Plan for Reporting Consolidated Options Last Sale
Reports and Quotation Information (the ``OPRA Plan''). BATS has
represented that it has met both the requirements for being
considered an Eligible Exchange. See Letter from Eric Swanson, SVP,
General Counsel, BATS to Johnna Dumler, Special Counsel, Division of
Trading and Markets, Commission, dated February 12, 2010.
---------------------------------------------------------------------------

    Section 7(ii) of the OLPP sets forth the process by which an
Eligible Exchange may effect an amendment to the OLPP. Specifically, an
Eligible Exchange must: (a) execute a copy of the OLPP with the only
change being the addition of the new sponsor's name in Section 8 of the
OLPP; and (b) submit the executed OLPP to the Commission. The OLPP then
provides that such an amendment will be effective at the later of
either the amendment being approved by the Commission or otherwise
becoming effective pursuant to Section 11A of the Act. BATS has
submitted a signed copy of the OLPP to the Commission in accordance
with the procedures set forth in the OLPP regarding new Plan Sponsors.

II. Effectiveness of the Proposed Linkage Plan Amendment

    The foregoing proposed OLPP amendment has become effective pursuant
to Rule 608(c)(3)(iii) \5\ because it involves solely technical or
ministerial matters. At any time within sixty days of the filing of
this amendment, the Commission may summarily abrogate the amendment and
require that it be refiled pursuant to paragraphs (b)(1) of Rule
608,\6\ if it appears to the Commission that such action is necessary
or appropriate in the public interest, for the protection of investors
or the maintenance of fair and orderly markets, to remove impediments
to, and perfect the mechanisms of, a national market system or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \5\ 17 CFR 242.608(b)(3)(iii).
    \6\ 17 CFR 242.608(b)(1).
---------------------------------------------------------------------------

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed
amendment 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 e-mail to<EMAIL_ADDRESS>Please include
File Number 4-443 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington DC 20549-1090.
All submissions should refer to File Number 4-443. This file number
should be included on the subject line if e-mail 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 viewing and printing in the Commission's Public
Reference Room, 100 F Street, NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at BATS'
principal office. 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 No. 4-443 and
should be submitted on or before March 17, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(29).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-3545 Filed 2-23-10; 8:45 am]
BILLING CODE 8011-01-P