[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Notices]
[Pages 35832-35836]
[FR Doc No: 2022-12653]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95058; File No. SR-MEMX-2022-15]

Self-Regulatory Organizations; MEMX LLC; Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change To Amend the
Exchange's Fee Schedule

June 7, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 1, 2022, MEMX LLC (``MEMX'' or the ``Exchange'') filed
with the Securities and Exchange Commission (the ``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing with the Commission a proposed rule change
to amend the Exchange's fee schedule applicable to Members \3\ (the
``Fee Schedule'') pursuant to Exchange Rules 15.1(a) and (c). The
Exchange proposes to implement the changes to the Fee Schedule pursuant
to this proposal on June 1, 2022. The text of the proposed rule change
is provided in Exhibit 5.
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    \3\ See Exchange Rule 1.5(p).
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    The purpose of the proposed rule change is to amend the Fee
Schedule to:

(i) adopt a new tier under the Liquidity Provision Tiers; (ii) modify
the required criteria under one of the existing Liquidity Provision
Tiers; and (iii) modify the required criteria and reduce the rebate
provided under Non-Display Add Tier 1, each as further described below.
    The Exchange first notes that it operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of 16 registered equities exchanges, as well as a
number of alternative trading systems and other off-exchange venues, to
which market participants may direct their order flow. Based on
publicly available information, no single registered equities exchange
currently has more than approximately 16% of the total market share of
executed volume of equities trading.\4\ Thus, in such a low-
concentrated and highly competitive market, no single equities exchange
possesses significant pricing power in the execution of order flow, and
the Exchange currently represents approximately 4% of the overall
market share.\5\ The Exchange in particular operates a ``Maker-Taker''
model whereby it provides rebates to Members that add liquidity to the
Exchange and charges fees to Members that remove liquidity from the
Exchange. The Fee Schedule sets forth the standard rebates and fees
applied per share for orders that add and remove liquidity,
respectively. Additionally, in response to the competitive environment,
the Exchange also offers tiered pricing, which provides Members with
opportunities to qualify for higher rebates or lower fees where certain
volume criteria and thresholds are met. Tiered pricing provides an
incremental incentive for Members to strive for higher tier levels,
which provides increasingly higher benefits or discounts for satisfying
increasingly more stringent criteria.
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    \4\ Market share percentage calculated as of May 31, 2022. The
Exchange receives and processes data made available through
consolidated data feeds (i.e., CTS and UTDF).
    \5\ Id.
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Adoption of New Liquidity Provision Tier
    The Exchange currently provides a standard rebate of $0.0020 per
share for executions of orders in securities priced at or above $1.00
per share that add displayed liquidity to the Exchange (such orders,
``Added Displayed Volume''). The Exchange also currently offers
Liquidity Provision Tiers 1, 2 and 3, under which a Member may receive
an enhanced rebate for executions of Added Displayed Volume by
achieving the corresponding required volume criteria for each tier. The
Exchange now proposes to adopt a new tier under the Liquidity Provision
Tiers, which, as proposed, would be the new Liquidity Provision Tier 1,
and the current Liquidity Provision Tiers 1, 2 and 3 would be
renumbered as Liquidity Provision Tiers 2, 3 and 4 (hereinafter
referred to as such). The applicable rebates and required criteria
under Liquidity Provision Tiers 2, 3 and 4 would remain unchanged,
except for the required criteria under Liquidity Provision Tier 2,
which the Exchange is proposing to modify, as further described below.
    Under the proposed new Liquidity Provision Tier 1, the Exchange
will provide an enhanced rebate of $0.00335 per share for executions of
Added Displayed Volume for Members that qualify for such tier by
achieving a Displayed ADAV \6\ that is equal to or greater than 0.40%
of the TCV.\7\ The Exchange proposes to provide Members that qualify
for the proposed new Liquidity Provision Tier 1 a rebate of 0.05% of
the total dollar volume of the transaction for executions of orders in
securities priced below $1.00 per share that add displayed liquidity to
the Exchange, which is the same rebate that is currently applicable to
such executions for all Members. The proposed new Liquidity Provision
Tier 1 is designed to encourage Members to maintain or increase their
order flow that adds displayed liquidity to the Exchange in order to
qualify for the proposed enhanced rebate for executions of Added
Displayed Volume, thereby promoting price discovery and contributing to
a deeper and more liquid market to the benefit of all market
participants.
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    \6\ As set forth on the Fee Schedule, ``ADAV'' means the average
daily added volume calculated as the number of shares added per day,
which is calculated on a monthly basis, and ``Displayed ADAV'' means
ADAV with respect to displayed orders.
    \7\ As set forth on the Fee Schedule, ``TCV'' means total
consolidated volume calculated as the volume reported by all
exchanges and trade reporting facilities to a consolidated
transaction reporting plan for the month for which the fees apply.
The pricing for the proposed new Liquidity Provision Tier 1 is
referred to by the Exchange on the Fee Schedule under the existing
description ``Added displayed volume, Liquidity Provision Tier 1''
with a Fee Code of ``B1'', ``D1'' or ``J1'', as applicable, to be
provided by the Exchange on the monthly invoices provided to
Members. The Exchange notes that because the determination of
whether a Member qualifies for a certain pricing tier for a
particular month will not be made until after the month-end, the
Exchange will provide the Fee Codes otherwise applicable to such
transactions on the execution reports provided to Members during the
month and will only designate the Fee Codes applicable to the
achieved pricing tier on the monthly invoices, which are provided
after such determination has been made, as the Exchange does for its
tier-based pricing today. The Exchange also notes that the pricing
for Liquidity Provision Tiers 2 and 3 will be referred to under the
existing applicable descriptions and Fee Codes, and the pricing for
Liquidity Provision Tier 4 will be referred to by the Exchange under
the new description ``Added displayed volume, Liquidity Provision
Tier 4'' with a Fee Code of ``B4'', ``D4'' or ``J4'', as applicable,
to be provided by the Exchange on the monthly invoices provided to
Members.
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Modify Required Criteria Under Liquidity Provision Tier 2
    The Exchange is also proposing to modify the required criteria
under Liquidity Provision Tier 2. Currently, a Member qualifies for
such tier by achieving an ADAV that is equal to or greater than 0.25%
of the TCV. The Exchange proposes to keep this criteria intact and
adopt an additional (i.e., alternative) criteria that a Member may
achieve in order to qualify for such tier. Specifically, the Exchange
proposes to modify the required criteria such that a Member would also
qualify for Liquidity Provision Tier 2 by achieving: (i) an ADAV that
is equal to or greater than 0.15% of the TCV; and (ii) a Step-Up ADAV
\8\ from May 2022 that is equal to or greater than 0.05% of the TCV.
Thus, such proposed change would add an alternative criteria that
includes a lower overall ADAV threshold but that also requires such
Member to increase its ADAV above its May 2022 ADAV by a specified
threshold. The Exchange notes that it is not proposing to change the
rebates provided under Liquidity Provision Tier 2.
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    \8\ As set forth on the Fee Schedule, ``Step-Up ADAV'' means
ADAV in the relevant baseline month subtracted from current ADAV.
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    The Exchange believes that the proposed alternative criteria
provides an incremental incentive for Members to strive for higher ADAV
on the Exchange (above their ADAV in the month immediately preceding
the effectiveness of this proposal--i.e., May 2022) to receive the
corresponding enhanced rebate for executions of Added Displayed Volume
under such tier, and thus, it is designed to encourage Members that do
not currently qualify for such tier to increase their orders that add
liquidity to the Exchange. The Exchange believes that the tier, as
proposed, would further incentivize increased order flow to the
Exchange, thereby contributing to a deeper and more liquid market to
the benefit of all market participants. The Exchange notes that, as the
proposed change to the

required criteria under Liquidity Provision Tier 2 merely provides an
alternative criteria and does not change the existing criteria, the
Exchange believes that such change would make the tier easier for
Members to achieve, and, in turn, while the Exchange has no way of
predicting with certainty how the proposed new criteria will impact
Member activity, the Exchange expects that more Members will strive to
qualify for such tier than currently do, resulting in the submission of
additional order flow to the Exchange.
Reduce Rebate and Modify Criteria Under Non-Display Add Tier 1
    Lastly, the Exchange proposes to modify the required criteria and
reduce the rebate provided under Non-Display Add Tier 1. Currently, a
Member qualifies for Non-Display Add Tier 1 by achieving a Non-
Displayed ADAV \9\ that is equal to or greater than 5,000,000 shares,
and the Exchange provides a rebate of $0.0028 per share for a
qualifying Member's executions of orders in securities priced at or
above $1.00 per share that add non-displayed liquidity to the Exchange
(such orders, ``Added Non-Displayed Volume''). Now, the Exchange
proposes to lower the Non-Displayed ADAV threshold such that a Member
would qualify for such tier by achieving a Non-Displayed ADAV that is
equal to or greater than 3,000,000 shares. The Exchange also proposes
to reduce the rebate for a qualifying Member's executions of Added Non-
Displayed Volume to $0.0027 per share.\10\ The Exchange is not
proposing to change the rebate provided under such tier for executions
of orders in securities priced below $1.00 per share.
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    \9\ As set forth on the Fee Schedule, ``Non-Displayed ADAV''
means ADAV with respect to non-displayed orders (including Midpoint
Peg orders).
    \10\ The proposed pricing for Non-Display Add Tier 1 is referred
to by the Exchange on the Fee Schedule under the existing
description ``Added non-displayed volume, Non-Display Add Tier 1''
with a Fee Code of ``H1'' or ``M1'', as applicable, to be provided
by the Exchange on the monthly invoices provided to Members.
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    The Exchange notes that the proposed change to the required
criteria under Non-Display Add Tier 1 would lower the Non-Displayed
ADAV threshold, which the Exchange believes would make such tier easier
for Members to achieve, and, in turn, while the Exchange has no way of
predicting with certainty how the proposed new criteria will impact
Member activity, the Exchange expects that more Members will strive to
qualify for such tier than currently do, resulting in the submission of
additional order flow to the Exchange. The purpose of reducing the
rebate provided for executions of Added Non-Displayed Volume under such
tier as proposed (i.e., by $0.0001 per share), which the Exchange
believes is a modest reduction and is commensurate with the proposed
lower Non-Displayed ADAV threshold, is for business and competitive
reasons, as the Exchange believes that such reduction would decrease
the Exchange's expenditures with respect to its transaction pricing in
a manner that is still consistent with the Exchange's overall pricing
philosophy of encouraging added liquidity.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\11\ in general, and with
Sections 6(b)(4) and 6(b)(5) of the Act,\12\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among its Members and other persons using its facilities
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
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    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(4) and (5).
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    As discussed above, the Exchange operates in a highly fragmented
and competitive market in which market participants can readily direct
order flow to competing venues if they deem fee levels at a particular
venue to be excessive or incentives to be insufficient, and the
Exchange represents only a small percentage of the overall market. The
Commission and the courts have repeatedly expressed their preference
for competition over regulatory intervention in determining prices,
products, and services in the securities markets. In Regulation NMS,
the Commission highlighted the importance of market forces in
determining prices and SRO revenues and also recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \13\
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    \13\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 37499 (June 29, 2005).
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    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow or discontinue to reduce use of certain categories of
products, in response to new or different pricing structures being
introduced into the market. Accordingly, competitive forces constrain
the Exchange's transaction fees and rebates, and market participants
can readily trade on competing venues if they deem pricing levels at
those other venues to be more favorable. The Exchange believes the
proposal reflects a reasonable and competitive pricing structure
designed to incentivize market participants to direct additional orders
that add liquidity to the Exchange, which the Exchange believes would
deepen liquidity and promote price discovery and market quality on the
Exchange to the benefit of all market participants, thereby enhancing
the attractiveness of the Exchange as a trading venue.
    The Exchange notes that volume-based incentives and discounts have
been widely adopted by exchanges, including the Exchange, and are
reasonable, equitable and not unfairly discriminatory because they are
open to all members on an equal basis and provide additional benefits
or discounts that are reasonably related to the value to an exchange's
market quality associated with higher levels of market activity, such
as higher levels of liquidity provision and/or growth patterns, and the
introduction of higher volumes of orders into the price and volume
discovery process. The Exchange believes that the proposed new
Liquidity Provision Tier 1 is reasonable, equitable and not unfairly
discriminatory for these same reasons, as it would provide Members with
an additional incentive to achieve a certain volume threshold on the
Exchange, is available to all Members on an equal basis, and, as noted
above, is designed to encourage Members to maintain or increase their
orders that add displayed liquidity to the Exchange in order to qualify
for the enhanced rebate for executions of Added Displayed Volume,
thereby promoting price discovery and contributing to a deeper and more
liquid market to the benefit of all market participants. The Exchange
also believes the enhanced rebate for executions of Added Displayed
Volume under the proposed new Liquidity Provision Tier 1 reflects a
reasonable and equitable allocation of fees and rebates because it is
higher than the rebates provided for such executions under Liquidity
Provision Tiers 2, 3 and 4, which have lower volume thresholds as their
required criteria, and is commensurate with its required criteria and
the market quality benefits it is designed to achieve, as described
above.
    The Exchange believes that the proposed change to modify the
required criteria under Liquidity Provision Tier 2 is reasonable
because, as noted above, such change would keep the existing

ADAV threshold intact and also provide an alternative criteria that a
Member may choose to achieve that includes a lower overall ADAV
threshold but that also requires such Member to increase its ADAV above
its May 2022 ADAV by a specified threshold, which would incentivize the
submission of additional order flow to the Exchange, thereby
contributing to a deeper and more liquid market to the benefit of all
market participants. The Exchange also believes the proposed new
criteria is equitable and not unfairly discriminatory because all
Members will continue to be eligible to meet such criteria, including
the Members that currently meet the existing ADAV threshold that is not
changing. Further, as noted above, while the Exchange has no way of
predicting with certainty how the proposed new criteria will impact
Member activity, the Exchange expects that more Members will strive to
qualify for such tier under the proposed new criteria, which is more
expansive.
    The Exchange also believes that the proposed change to modify the
required criteria under Non-Display Add Tier 1 is reasonable, equitable
and not unfairly discriminatory because, as noted above, it would lower
the Non-Displayed ADAV threshold, which the Exchange believes would
make such tier easier for Members to achieve, and all Members will
continue to be eligible to meet such criteria. As described above,
while the Exchange has no way of predicting with certainty how the
proposed new criteria will impact Member activity, the Exchange expects
that more Members will strive to qualify for such tier than currently
do. The Exchange also believes that the proposed change to reduce the
rebate provided under Non-Display Add Tier 1 is reasonable, equitable
and not unfairly discriminatory because, as noted above, the Exchange
believes that reducing the rebate as proposed (i.e., by $0.0001 per
share) is a modest reduction, is commensurate with the proposed lower
Non-Displayed ADAV threshold, and would decrease the Exchange's
expenditures with respect to its transaction pricing in a manner that
is still consistent with the Exchange's overall pricing philosophy of
encouraging added liquidity.
    For the reasons discussed above, the Exchange submits that the
proposal satisfies the requirements of Sections 6(b)(4) and 6(b)(5) of
the Act \14\ in that it provides for the equitable allocation of
reasonable dues, fees and other charges among its Members and other
persons using its facilities and is not designed to unfairly
discriminate between customers, issuers, brokers, or dealers. As
described more fully below in the Exchange's statement regarding the
burden on competition, the Exchange believes that its transaction
pricing is subject to significant competitive forces, and that the
proposed fees and rebates described herein are appropriate to address
such forces.
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    \14\ 15 U.S.C. 78f(b)(4) and (5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposal will result in any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. Instead, as discussed above,
the proposal is intended to incentivize market participants to direct
additional orders that add liquidity to the Exchange, thereby deepening
liquidity and promoting price discovery and market quality on the
Exchange to the benefit of all market participants, as well as to
decrease the Exchange's expenditures with respect to its transaction
pricing in a manner that is still consistent with the Exchange's
overall pricing philosophy of encouraging added displayed liquidity. As
a result, the Exchange believes the proposal would enhance its
competitiveness as a market that attracts actionable orders, thereby
making it a more desirable destination venue for its customers. For
these reasons, the Exchange believes that the proposal furthers the
Commission's goal in adopting Regulation NMS of fostering competition
among orders, which promotes ``more efficient pricing of individual
stocks for all types of orders, large and small.'' \15\
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    \15\ See supra note 13.
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Intramarket Competition
    As discussed above, the Exchange believes that the proposal would
incentivize Members to submit additional orders that add liquidity to
the Exchange, thereby contributing to a deeper and more liquid market
and promoting price discovery and market quality on the Exchange to the
benefit of all market participants as well as enhancing the
attractiveness of the Exchange as a trading venue, which the Exchange
believes, in turn, would continue to encourage market participants to
direct additional order flow to the Exchange. Greater liquidity
benefits all Members by providing more trading opportunities and
encourages Members to send additional orders to the Exchange, thereby
contributing to robust levels of liquidity, which benefits all market
participants. The opportunity to qualify for the new Liquidity
Provision Tier 1 and the modified criteria under Liquidity Provision
Tier 2 and Non-Display Add Tier 1, and thus receive the corresponding
rebates for executions of Added Displayed Volume and Added Non-
Displayed Volume, respectively, would be available to all Members that
meet the associated volume requirements in any month. As described
above, the Exchange believes that the proposed new required criteria
under both Liquidity Provision Tier 2 and Non-Display Add Tier 1 would
make such tiers easier to qualify for, as the proposed changes either
add an alternative criteria (while keeping the existing criteria
intact) or lower the required volume threshold, and the Exchange
believes that all such proposed new criteria are reasonably related to
the enhanced liquidity and market quality that such tiers are designed
to promote. Additionally, as noted above, the proposed reduced rebate
for executions of Added Non-Displayed Volume under Non-Display Add Tier
1 would continue to apply equally to all Members in the same manner as
it does today, except that qualification for the tier would be easier
due to the lowered volume threshold, and the Exchange believes that
such rebate represents only a modest reduction from the current rebate
provided under the tier for executions of Added Non-Displayed Volume
and is commensurate with the proposed lowered volume threshold. For the
foregoing reasons, the Exchange believes the proposed changes would not
impose any burden on intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act.
Intermarket Competition
    As noted above, the Exchange operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. Members have numerous
alternative venues that they may participate on and direct their order
flow to, including 15 other equities exchanges and numerous alternative
trading systems and other off-exchange venues. As noted above, no
single registered equities exchange currently has more than
approximately 16% of the total market share of executed volume of
equities trading. Thus, in such a low-concentrated and highly
competitive market, no single equities exchange possesses significant
pricing power in the execution of order flow. Moreover, the Exchange
believes

that the ever-shifting market share among the exchanges from month to
month demonstrates that market participants can shift order flow or
discontinue to reduce use of certain categories of products, in
response to new or different pricing structures being introduced into
the market. Accordingly, competitive forces constrain the Exchange's
transaction fees and rebates, including with respect to executions of
Added Displayed Volume and Added Non-Displayed Volume, and market
participants can readily choose to send their orders to other exchange
and off-exchange venues if they deem fee levels at those other venues
to be more favorable. As described above, the proposed changes
represent a competitive proposal through which the Exchange is seeking
to decrease the Exchange's expenditures with respect to its transaction
pricing and to encourage additional order flow to the Exchange through
volume-based tiers, which have been widely adopted by exchanges,
including the Exchange. Accordingly, the Exchange believes the proposal
would not burden, but rather promote, intermarket competition by
enabling it to better compete with other exchanges that offer similar
pricing incentives to market participants that achieve certain volume
criteria and thresholds.
    Additionally, the Commission has repeatedly expressed its
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. Specifically,
in Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \16\ The fact
that this market is competitive has also long been recognized by the
courts. In NetCoalition v. SEC, the D.C. Circuit stated as follows:
``[n]o one disputes that competition for order flow is `fierce.' . . .
As the SEC explained, `[i]n the U.S. national market system, buyers and
sellers of securities, and the broker-dealers that act as their order-
routing agents, have a wide range of choices of where to route orders
for execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .''.\17\ Accordingly, the Exchange does not believe its
proposed pricing changes impose any burden on competition that is not
necessary or appropriate in furtherance of the purposes of the Act.
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    \16\ See supra note 13.
    \17\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSE-2006-21)).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \18\ and Rule 19b-4(f)(2) \19\ thereunder.
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    \18\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \19\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-MEMX-2022-15 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-MEMX-2022-15. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MEMX-2022-15 and should be submitted on
or before July 5, 2022.
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    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-12653 Filed 6-10-22; 8:45 am]
BILLING CODE 8011-01-P


  From: Lydia Wegman/RTP/USEPA/US  To: "King, Heidi R."<EMAIL_ADDRESS> Cc: Deirdre Murphy/RTP/USEPA/US@EPA, Karen Martin/RTP/USEPA/US@EPA  Date: 01/18/2011 12:17 PM  Subject: RE: Checking in on the CO NAAQS

I'll ask Margaret to work with you to schedule some time for tomorrow afternoon after 2 PM.

Do you have a copy of the new EO you could send us?  I haven't seen it yet, only heard about it.  Thanks.


[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Rules and Regulations]
[Pages 45957-45958]
[FR Doc No: 2017-20966]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0320; Airspace Docket No. 17-ASO-12]

Establishment of Class E Airspace; Picayune, MS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface at Picayune, MS, to accommodate new area
navigation (RNAV) global positioning system (GPS) standard instrument
approach procedures (SIAPs) serving Highland Community Hospital
Heliport. Controlled airspace is necessary for the safety and
management of instrument flight rules (IFR) operations at the heliport.

DATES: Effective 0901 UTC, December 7, 2017. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E airspace extending upward from 700 feet above
the surface at Highland Community Hospital Heliport, Picayune, MS, to
support IFR operations under standard instrument approach procedures at
the heliport.

History

    The FAA published a notice of proposed rulemaking (NPRM in the
Federal Register (82 FR 25991, June 6, 2017) Docket No. FAA-2017-0320
to establish Class E airspace extending upward from 700 feet above the
surface at Highland Community Hospital Heliport, Picayune, MS, due to
the new RNAV (GPS) standard instrument approach procedures developed
for IFR operations at the heliport. Interested parties were invited to
participate in

this rulemaking effort by submitting written comments on the proposal
to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11B dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends title 14 Code of Federal Regulations (14 CFR)
part 71 by establishing Class E airspace extending upward from 700 feet
above the surface within a 6.5-mile radius of Highland Community
Hospital Heliport, Picayune, MS. This action provides the controlled
airspace required to support the new RNAV (GPS) standard instrument
approach procedures for IFR operations at Highland Community Hospital
Heliport.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (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); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the FAA amends 14 CFR part 71 as
follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.11B, Airspace Designations and Reporting
Points, dated August 3, 2017, effective September 15, 2017, is amended
as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO MS E5 Highland Community, Picayune, MS [New]

Highland Community Hospital Heliport, MS
    (Lat. 30[deg]32'57'' N., long. 89[deg]39'57'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Highland Community Hospital
Heliport.

    Issued in College Park, Georgia, on September 22, 2017.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2017-20966 Filed 10-2-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41855-41857]
[FR Doc No: 2021-16507]

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

Federal Emergency Management Agency

[Docket ID: FEMA-2021-0016; OMB No. 1660-0086]

Agency Information Collection Activities: Proposed Collection;
Comment Request; National Flood Insurance Program--Mortgage Portfolio
Protection Program (MPPP); Ask the Advocate Web Form

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 30-Day notice of revision and request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public to take this opportunity to comment on a revision of
a previously approved information collection for which approval has
expired. FEMA will submit the information collection abstracted below
to the Office of Management and Budget for review and clearance in
accordance with the Paperwork Reduction Act of 1995, this notice seeks
comments concerning an amendment to a currently-approved collection of
information related to the National Flood Insurance Program (NFIP),
Mortgage Portfolio Protection Program (MPPP), which is an option that
companies participating in the National Flood Insurance Program can use
to bring their mortgage loan portfolios into compliance with the flood
insurance purchase requirements. This amended notice seeks comments
concerning the collection of information related to the Office of the
Flood Insurance Advocate (OFIA).

DATES: Comments must be submitted on or before September 2, 2021.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT:
    For information related to the NFIP Mortgage Portfolio Protection
Program (MPPP), contact Kelly Bronowicz, Industry Management Branch
Chief, FIMA, FEMA, at<PHONE_NUMBER>, or<EMAIL_ADDRESS>    For information related to the Ask the Advocate web form, contact
Joe Cecil, Advocate Representative Team Lead, Office of the Flood
Insurance Advocate, FIMA, FEMA, at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>    Requests for additional information or copies of the information
collection should be made to the Forms & Information Collections
Manager, Information Management Division, 500 C Street SW, Washington,
DC 20472, email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pertaining to the MPPP, federal lenders and
Federally-regulated or sponsored lending institutions may not make,
increase, extend, or renew any loan secured by improved real property
located in a special flood hazard area (SFHA) unless the building and
any personal property securing the loan is covered by flood insurance
for the life of the loan. See Flood Disaster Protection Act of 1973
(FDPA) Sec.  102 (Pub. L. 93-234; 42 U.S.C. 4012a). The FEMA
Administrator carries out the NFIP to enable interested persons to
purchase insurance against loss resulting from physical damage to or
loss of real or personal property arising from flood in the United
States. See National Flood Insurance Act of 1968 (NFIA) (Pub. L. 90-
448, title XIII; 42 U.S.C. 4001 et seq.).
    In general, individual mortgagees subject to the requirements of
the FDPA obtain and maintain flood insurance for their individual
properties. When individual mortgagees to not obtain required flood
insurance, the NFIP's Mortgage Portfolio Protection program (MPPP)
allows covered lenders to ensure compliance with the requirements of
FDPA by selling making available special coverage for the lender's
entire mortgage portfolio. See 44 CFR 62.23(l). In order sell MPPP
policies, private insurance companies participating in the NFIP's Write
Your Own (WYO) Program must apply for and annually renew their election
to voluntarily participate in the MPPP.
    This proposed information collection previously published in the
Federal Register on May 25, 2021, at 86 FR 28122 with a 60-day public
comment period. No comments were received. This information collection
expires on December 31, 2021. FEMA is requesting a revision of this
currently approved collection. The purpose of this notice is to notify
the public that FEMA will submit the information collection abstracted
below to the Office of Management and Budget for review and clearance.
    Pertaining to the Ask the Advocate Web Form, Section 24 of the
Homeowner Flood Insurance Affordability Act of 2014 (42 U.S.C. 4033),
Public Law 113-89, 128 Stat. 1030, requires FEMA to designate a Flood
Insurance Advocate that would advocate for the fair treatment of NFIP
policyholders and property owners by: (1) Providing education and
guidance on all aspects of the NFIP, (2) identifying trends affecting
the public, and (3) making recommendations for NFIP program
improvements to FEMA leadership. Pursuant to this authority, FEMA
established the Office of the Flood Insurance Advocate (OFIA) on
December 22, 2014.
    Members of the public regularly contact OFIA seeking assistance on
the NFIP. OFIA seeks to facilitate the timely and effective management
of these inquiries by creating a web form on OFIA's web page at https://www.fema.gov/flood-insurance/advocate. The web form will allow users
to provide information that includes all the data necessary for OFIA to
perform its Congressionally-mandated duties and responsibilities.
    Consumers who submit an inquiry to OFIA will be required to fill-
out ten (10) informational fields on the Ask the Advocate web form.
These fields include: (1) First name, (2) Last name, (3) Email address,
(4) Confirm email address, (5) How did you hear of Advocate's office
(pull-down list), (6) Contact role (list field), (7) State (pull-down
list), (8) ZIP code, (9) Subject (of inquiry) and (10) Questions/
Comment (regarding inquiry). An eleventh (11th) field is a security
CAPTCHA field intended to distinguish human from machine input as a way
of thwarting spam and automated extraction of data from websites.
    When a consumer submits this information, the data will be
collected and stored on OFIA's Department of Homeland Security/FEMA-
approved Customer Relationship Management cloud-based environment
hosted by Salesforce.
    Once OFIA receives this information, the inquiry will be assigned a
system-generated ``Case number'', and then the case is then assigned to
an OFIA Advocate Representative (FEMA employee). Using the data
collected from the Ask the Advocate web form, the Advocate
Representative will research the customer's inquiry and offer education
and guidance to help the customer navigate the NFIP process.

Collection of Information

    Title: National Flood Insurance Program--Mortgage Portfolio
Protection Program (MPPP).
    Type of Information Collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0086.
    FEMA Forms: Ask the Advocate Web Form (form number pending OMB
approval).
    Abstract: Regarding the MPPP, FEMA needs the information to ensure
that private insurance companies that join the NFIP's WYO Program meet
all state and federal requirements for insurance companies.
Requirements include a good business record and satisfactory rating in
their field. There is no other way to obtain this information because
it is specific to each company that applies to join the NFIP.
    Regarding the Ask the Advocate Web Form, the Homeowner Flood
Insurance Affordability Act of 2014 requires FEMA to designate a Flood
Insurance Advocate that would advocate for the fair treatment of NFIP
policyholders and property owners. Pursuant to this authority, FEMA
established OFIA on December 22, 2014.
    Members of the public regularly contact OFIA seeking assistance on
the NFIP. OFIA seeks to facilitate the timely and effective management
of these inquiries through a web form on OFIA's web page. The web form
will allow users to provide information that includes all the data
necessary for OFIA to fulfill its duties and responsibilities.
    Affected Public: Individuals, households, businesses, or other for-
profit.
    Estimated Number of Respondents: 1,041.
    Estimated Number of Responses: 1,041.
    Estimated Total Annual Burden Hours: 227.
    Estimated Total Annual Respondent Cost: $11,856.
    Estimated Respondents' Operation and Maintenance Costs: $0.00.
    Estimated Respondents' Capital and Start-Up Costs: $0.00.

    Estimated Total Annual Cost to the Federal Government: $71,930.

Comments

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

Millicent L. Brown,
Senior Manager, Records Management Branch, Office of the Chief
Administrative Officer, Mission Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2021-16507 Filed 8-2-21; 8:45 am]
BILLING CODE 9111-52-P


[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12446-12447]
[FR Doc No: 2022-04518]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP22-584-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Sec.  4(d) Rate Filing: New Service Agreement--
Seminole to be effective 4/1/2022.
    Filed Date: 2/24/22.
    Accession Number: 20220224-5080.
    Comment Date: 5 p.m. ET 3/8/22.

    Docket Numbers: RP22-585-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Sec.  4(d) Rate Filing: Update Non-Conforming List--
Seminole to be effective 4/1/2022.
    Filed Date: 2/24/22.
    Accession Number: 20220224-5082.
    Comment Date: 5 p.m. ET 3/8/22.

    Docket Numbers: RP22-586-000.
    Applicants: Empire Pipeline, Inc.
    Description: Compliance filing: Refund Report Jan-Dec 2021 (Per
Settlement in RP18-940) to be effective N/A.
    Filed Date: 2/24/22.
    Accession Number: 20220224-5123.
    Comment Date: 5 p.m. ET 3/8/22.

    Docket Numbers: RP22-587-000.
    Applicants: Tres Palacios Gas Storage LLC.
    Description: Compliance filing: Tres Palacios Gas Storage Docket
No. CP12-36 Updated Market Power Analysis to be effective N/A.
    Filed Date: 2/24/22.
    Accession Number: 20220224-5156.
    Comment Date: 5 p.m. ET 3/8/22.

    Docket Numbers: RP22-588-000.
    Applicants: ANR Pipeline Company.
    Description: Sec.  4(d) Rate Filing: ANR Fuel Filing 2022 to be
effective 4/1/2022.
    Filed Date: 2/24/22.
    Accession Number: 20220224-5160.
    Comment Date: 5 p.m. ET 3/8/22.

    Docket Numbers: RP22-589-000.
    Applicants: Viking Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: Annual LMCRA--Spring 2022 to
be effective 4/1/2022.
    Filed Date: 2/25/22.
    Accession Number: 20220225-5019.
    Comment Date: 5 p.m. ET 3/9/22.

    Docket Numbers: RP22-590-000.
    Applicants: KPC Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Fuel Reimbursement Adjustment
to be effective 4/1/2022.
    Filed Date: 2/25/22.
    Accession Number: 20220225-5021.
    Comment Date: 5 p.m. ET 3/9/22.

    Docket Numbers: RP22-591-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts
(Atlanta Gas 8438 releases eff 3-1-2022) to be effective 3/1/2022.

    Filed Date: 2/25/22.
    Accession Number: 20220225-5022.
    Comment Date: 5 p.m. ET 3/9/22.

    Docket Numbers: RP22-592-000.
    Applicants: Guardian Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: EPCR Semi-Annual Adjustment--
Spring 2022 to be effective 4/1/2022.
    Filed Date: 2/25/22.
    Accession Number: 20220225-5023.
    Comment Date: 5 p.m. ET 3/9/22.

    Docket Numbers: RP22-593-000.
    Applicants: Millennium Pipeline Company, LLC.
    Description: Compliance filing: Annual Report on Operational
Transactions 2022 to be effective N/A.
    Filed Date: 2/25/22.
    Accession Number: 20220225-5027.
    Comment Date: 5 p.m. ET 3/9/22.

    Docket Numbers: RP22-594-000.
    Applicants: Midwestern Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: Annual Fuel Retention
Percentage Adjustment--2022 Rate to be effective 4/1/2022.
    Filed Date: 2/25/22.
    Accession Number: 20220225-5028.
    Comment Date: 5 p.m. ET 3/9/22.

    Docket Numbers: RP22-595-000.
    Applicants: Viking Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: Semi-Annual Fuel and Loss
Retention Adjustment--Spring 2022 to be effective 4/1/2022.
    Filed Date: 2/25/22.
    Accession Number: 20220225-5031.
    Comment Date: 5 p.m. ET 3/9/22.

    Docket Numbers: RP22-596-000.
    Applicants: MoGas Pipeline LLC.
    Description: Compliance filing: MoGas NAESB Compliance Filing to be
effective 6/1/2022.
    Filed Date: 2/25/22.
    Accession Number: 20220225-5032.
    Comment Date: 5 p.m. ET 3/9/22.

    Docket Numbers: RP22-597-000.
    Applicants: Northwest Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: 2022 Summer Fuel Filing to be
effective 4/1/2022.
    Filed Date: 2/25/22.
    Accession Number: 20220225-5048.
    Comment Date: 5 p.m. ET 3/9/22.

    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.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    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: February 25, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-04518 Filed 3-3-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 26, 2007 (Volume 72, Number 186)]
[Notices]
[Page 54646]
[DOCID:fr26se07-52]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER04-157-022, ER04-714-012, EL05-89-002]

Bangor Hydro-Electric Company; Florida Power & Light Company; New
England Transmission Owners; Errata Notice Extending Comment Date

September 19, 2007.
    On September 18, 2007, the Commission issued a notice in the above-
captioned proceeding. Combined Notice Of Filings  1, September
18, 2007. The comment date on the notice read ``Monday, September 17,
2007.'' This errata notice extends the comment due date to Wednesday,
September 26, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-18907 Filed 9-25-07; 8:45 am]

BILLING CODE 6717-01-P


Section 2. Sample Collection Information Section 3. Sample Process Dates, Times, and Temperatures Section 4. Number of Colony Forming Units and Calculations Number of E. coli CFU Section 5. Comments 1Ground water under the direct influence of surface water Number of total coliform CFU 3 RESULTS Total coliforms per 100 mL 1 Filter no. E. coli per 100 mL mL of sample filtered Total coliforms 4 2 Long Term 2 Enhanced Surface Water Treatment Rule Source Water Monitoring Method Type: Membrane Filtration Analytical Method Number: EPA 1604 ( MI Medium)

Turbidity result ( NTU): Section 1. Laboratory Identification Information Laboratory name: Laboratory ID:

Sample ID ( optional): Sample collection date:

PWS ID:

Time:

Temperature ( oC): Date:

Time:

Temperature ( oC): Sample collection time:

PWS facility ID: Holding time:

Analyst initials E. coli Sample collection point ID:

Source water type ( circle one): Flowing stream ( FS) Reservoir/ lake ( RL) 1GWUDI FS 1GWUDI RL MI medium incubation start MI medium incubation end Date:

Draft June 2003


[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Rules and Regulations]
[Pages 25412-25413]
[FR Doc No: 2022-08925]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Chapter I

[EPA-HQ-OAR-2022-0129; FRL-9735-01-OAR]

Endangerment and Cause or Contribute Findings for Greenhouse
Gases Under Section 202(a) of the Clean Air Act; Final Action on
Petitions

AGENCY: Environmental Protection Agency.

ACTION: Notice of final action denying petitions.

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

SUMMARY: The Environmental Protection Agency (EPA) received four
petitions for reconsideration, rulemaking, or reopening of the
Endangerment and Cause or Contribute Findings for Greenhouse Gases
under Section 202(a) of the Clean Air Act (CAA), published in the
Federal Register on December 15, 2009. The agency is providing
notification of its action denying all four petitions. The basis for
EPA's action is set out fully in the accompanying decision document,
available in the docket for this action.

DATES: Effective April 29, 2022.

FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Martinich, Environmental
Protection Agency, Office of Air and Radiation, Office of Atmospheric
Programs, Climate Change Division,<PHONE_NUMBER>,
[email protected]. For additional information regarding this
Notice, please go to the website https://www.epa.gov/climate-change/endangerment-and-cause-or-contribute-findings-greenhouse-gases-under-section-202a.

SUPPLEMENTARY INFORMATION:

I. How can I get copies of this document and other related information?

    A copy of this Federal Register document, the petitions,\1\ the
letters denying the four petitions and the decision document \2\
describing the full basis for the denial of these petitions, and other
materials related to this action are available in the docket for this
action (Docket ID No. EPA-HQ-OAR-2022-0129). Publicly available docket
materials are available electronically through www.regulations.gov. In
addition, following signature, an electronic copy of this final action
and the decision document will be available on the internet at https://www.epa.gov/climate-change/2022-denial-petitions-reconsideration-rulemaking-or-reopening-endangerment-and-cause. Due to the ongoing
COVID-19 pandemic, public access to the EPA Docket Center and Reading
Room may be limited: Please check the website at https://www.epa.gov/dockets for the most up to date information on operating status. Our
Docket Center staff will continue to provide remote customer service
via email, phone, and webform. We encourage the public to obtain docket
information via https://www.regulations.gov/. For further information
on EPA Docket Center services and the current status, please visit us
online at https://www.epa.gov/dockets.
---------------------------------------------------------------------------

    \1\ The four petitions are styled respectively as: Petition for
Reconsideration of ``Endangerment and Cause or Contribute Findings
for Greenhouse Gases Under Section 202(A) of the Clean Air Act,''
submitted on behalf of the Concerned Household Electricity Consumers
Council (CHECC); Petition for Rulemaking on the Issue of Greenhouse
Gases and Public Health and Welfare, submitted on behalf of the
Competitive Enterprise Institute, the Science and Environmental
Policy Project, and four individual members of the latter's Board of
Directors (CEI); Petition to Reopen and Reconsider ``Endangerment
and Cause or Contribute Findings for Greenhouse Gases Under Section
202(a) of the Clean Air Act,'' filed by the FAIR Energy Foundation
(FAIR); and Petition to Reconsider Endangerment and Cause or
Contribute Findings for Greenhouse Gases under Section 202(a) of the
Clean Air Act, 74 FR. 66496 (December 15, 2009) Docket No. EPA-HQ-
OAR-2009-0171; FRL-9091-8; RIN 2060-ZA14 (``Endangerment Finding'')
submitted by the Texas Public Policy Foundation on behalf of Liberty
Packing Company LLC, Nuckles Oil Co., Inc. dba Merit Oil Company,
Norman R. ``Skip'' Brown, Dalton Trucking Company, Inc., Loggers
Association of Northern California, Construction Industry Air
Quality Coalition, and Robinson Industries, Inc (TPP).
    \2\ See ``EPA's Denial of Petitions Relating to the Endangerment
and Cause or Contribute Findings for Greenhouse Gases Under Section
202(a) of the Clean Air Act.''
---------------------------------------------------------------------------

II. Judicial Review

    The decision to deny the four petitions is a final agency action
for purposes of section 307(b)(1) of the CAA, which governs judicial
review of final actions by the EPA. This action is not a rulemaking and
is not subject to the various statutory and other provisions applicable
to a rulemaking.
    Section 307(b)(1) provides, in part, that petitions for review must
be filed in the United States Court of Appeals for the District of
Columbia Circuit (D.C. Circuit): (i) When the agency action consists of
``nationally applicable regulations promulgated, or final actions
taken, by the Administrator,'' or (ii) when such action is locally or
regionally applicable, but ``such action is based on a determination of
nationwide scope or effect and if in taking such action the
Administrator finds and publishes that such action is based on such a
determination.'' For locally or regionally applicable final actions,
the CAA reserves to the EPA complete discretion whether to invoke the
exception in (ii).
    This final action is ``nationally applicable'' within the meaning
of CAA section 307(b)(1). In the alternative, to the extent a court
finds this final action to be locally or regionally applicable, the
Administrator is exercising the complete discretion afforded to him
under the CAA to make and publish a finding that this action is based
on a determination of ``nationwide scope or effect'' within the meaning
of CAA

section 307(b)(1).\3\ This action relates to the 2009 Endangerment and
Cause or Contribute Findings for Greenhouse Gases under Section 202(a)
of the Clean Air Act (``2009 Endangerment Finding''), which are
nationally applicable, 74 FR 66496 (December 15, 2009). The 2009
Endangerment Finding concerns risks from greenhouse gas pollution and
contributions to such pollution that occur across the nation, and the
result of the denial of these four petitions is that the existing
nationally applicable 2009 Endangerment Finding remains in place and
undisturbed. Further, both the 2009 Endangerment Finding and EPA's
previous denial of petitions for reconsideration of that Finding were
previously reviewed by the D.C. Circuit, see Coal. for Responsible
Regul., Inc. v. EPA, 684 F.3d 102 (D.C. Cir. 2012) (per curiam)
(subsequent history omitted). Moreover, the 2009 Endangerment Finding
triggered EPA's statutory duty to promulgate motor vehicle standards
under section 202(a) of the CAA, for which judicial review is also only
available in the D.C. Circuit and which have effects in more than one
federal judicial circuit.\4\ For these reasons, this final action is
nationally applicable or, alternatively, the Administrator is
exercising the complete discretion afforded to him by the CAA and
hereby finds that this final action is based on a determination of
nationwide scope or effect for purposes of CAA section 307(b)(1) and is
hereby publishing that finding in the Federal Register.
---------------------------------------------------------------------------

    \3\ In deciding whether to invoke the exception by making and
publishing a finding that this final action is based on a
determination of nationwide scope or effect, the Administrator has
also taken into account a number of policy considerations, including
his judgment balancing the benefit of obtaining the D.C. Circuit's
authoritative centralized review versus allowing development of the
issue in other contexts and the best use of Agency resources.
    \4\ In the report on the 1977 Amendments that revised section
307(b)(1) of the CAA, Congress noted that the Administrator's
determination that the ``nationwide scope or effect'' exception
applies would be appropriate for any action that has a scope or
effect beyond a single judicial circuit. See H.R. Rep. No. 95-294 at
323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-03.
---------------------------------------------------------------------------

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the District of Columbia Circuit within 60 days from the date this
final action is published in the Federal Register.

Michael S. Regan,
Administrator.
[FR Doc. 2022-08925 Filed 4-28-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Proposed Rules]
[Pages 20094-20097]
[FR Doc No: 2021-07550]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0273; Project Identifier AD-2021-00050-E]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all General Electric Company (GE) GEnx-1B64, GEnx-1B64/P1, GEnx-
1B64/P2, GEnx-1B67, GEnx-1B67/P1, GEnx-1B67/P2, GEnx-1B70, GEnx-1B70/
75/P1, GEnx-1B70/75/P2, GEnx-1B70/P1, GEnx-1B70/P2, GEnx-1B70C/P1,
GEnx-1B70C/P2, GEnx-1B74/75/P1, GEnx-1B74/75/P2, GEnx-1B76/P2, GEnx-
1B76A/P2, GEnx-2B67, GEnx-2B67/P, and GEnx-2B67B model turbofan
engines. This proposed AD was prompted by an in-service occurrence of
loss of engine thrust control resulting in uncommanded high thrust.
This proposed AD would require revising the operator's existing FAA-
approved minimum equipment list (MEL) by incorporating into the MEL the
dispatch restrictions listed in this AD. This proposed AD would also
require initial and repetitive replacement of the electronic engine
control (EEC) MN4 microprocessor. The FAA is proposing this AD to
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by June 1,
2021.

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 service information identified in this NPRM, contact General
Electric Company, 1 Neumann Way, Cincinnati, OH 45215; phone: (513)
552-3272; email<EMAIL_ADDRESS>website: www.ge.com.
You may view this service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0273; 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 NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Mehdi Lamnyi, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0273; Project Identifier
AD-2021-00050-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Mehdi
Lamnyi, Aviation Safety Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803. Any commentary that the FAA receives
which is not specifically designated as CBI will be placed in the
public docket for this rulemaking.

Background

    The FAA received a report from the manufacturer of an in-service
loss of engine thrust control on a GE90-115B model turbofan engine on
October 27, 2019, that resulted in uncommanded high thrust. Analysis by
the manufacturer found accumulated thermal cycles of the MN4 integrated
circuit in the EEC, through normal operation, causes the solder ball
joints to wear out and eventually fail over time. Since the GE90 and
the GEnx model turbofan engines share the same EEC hardware and
experience similar thermal and vibratory environments, the manufacturer
determined that GEnx model turbofan engines are susceptible to the same
type of failure. This condition, if not addressed, could result in loss
of engine thrust control and reduced control of the airplane.

FAA's Determination

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

Related Service Information Under 1 CFR Part 51

    The FAA reviewed GE GEnx-1B Service Bulletin (SB) 73-0097 R01,
dated January 29, 2021, and R00, dated December 17, 2020; and GE GEnx-
2B SB 73-0090 R01, dated January 28, 2021, and R00, dated December 17,
2020. This service information specifies procedures for replacing the
EEC MN4 microprocessor on GEnx-1B and GEnx-2B model turbofan engines,
as applicable. 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.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the existing operator's
FAA-

approved MEL by incorporating into the MEL the dispatch restrictions
listed in paragraph (g) of this AD. This proposed AD would also require
initial and repetitive replacement of the EEC MN4 microprocessor using
an approved overhaul procedure.

Interim Action

    The FAA considers that this proposed AD would be an interim action.
If final action is later identified, the FAA might consider additional
rulemaking.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 308 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revise operator's FAA-approved MEL....  1 work-hour x $85 per                 $0             $85         $26,180
                                         hour = $85
Replace EEC MN4 microprocessor........  1 work-hour x $85 per             25,200          25,285       7,787,780
                                         hour = $85
----------------------------------------------------------------------------------------------------------------

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

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866.
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

General Electric Company: Docket No. FAA-2021-0273; Project
Identifier AD-2021-00050-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by June 1, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to General Electric Company (GE) GEnx-1B64,
GEnx-1B64/P1, GEnx-1B64/P2, GEnx-1B67, GEnx-1B67/P1, GEnx-1B67/P2,
GEnx-1B70, GEnx-1B70/75/P1, GEnx-1B70/75/P2, GEnx-1B70/P1, GEnx-
1B70/P2, GEnx-1B70C/P1, GEnx-1B70C/P2, GEnx-1B74/75/P1, GEnx-1B74/
75/P2, GEnx-1B76/P2, GEnx-1B76A/P2, GEnx-2B67, GEnx-2B67/P, and
GEnx-2B67B model turbofan engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7600, Engine
Controls.

(e) Unsafe Condition

    This AD was prompted by an in-service occurrence of loss of
engine thrust control resulting in uncommanded high thrust. The FAA
is issuing this AD to prevent dispatch of the airplane when certain
conditions caused by degradation of the MN4 microprocessor in the
electronic engine control (EEC) are present. The unsafe condition,
if not addressed, could result in loss of engine thrust control and
reduced control of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) For all affected GEnx-1B model turbofan engines, within 120
days of the effective date of this AD, revise the operator's
existing FAA-approved minimum equipment list (MEL) by incorporating
into the MEL the dispatch restriction specified in Figure 1 to
paragraph (g)(1) of this AD, as a required operation or maintenance
procedure.
    Note 1 to paragraph (g)(1): Specific alternative MEL wording to
accomplish the actions specified in Figure 1 can be approved by the
operator's principal operations or maintenance inspector.

[GRAPHIC] [TIFF OMITTED] TP16AP21.000

    (2) For all affected GEnx-2B model turbofan engines, within 120
days of the effective date of this AD, revise the operator's
existing FAA-approved MEL by incorporating into the MEL the dispatch
restriction specified in Figure 2 to paragraph (g)(2) of this AD, as
a required operation or maintenance procedure.
    Note 2 to paragraph (g)(2): Specific alternative MEL wording to
accomplish the actions specified in Figure 2 can be approved by the
operator's principal operations or maintenance inspector.

[GRAPHIC] [TIFF OMITTED] TP16AP21.001

    (3) For all affected engines, before the EEC reaches 11,000
cycles since new, replace the EEC MN4 microprocessor using an
approved overhaul procedure.
    (i) Thereafter, replace the EEC MN4 microprocessor before
accumulating 11,000 cycles since the last replacement.
    (ii) [Reserved]

(h) Definition

    For the purposes of this AD, an approved overhaul procedure is
one of the following:
    (i) Replacement of the EEC MN4 microprocessor using FADEC
International-approved maintenance procedures; or
    (ii) Replacement of the EEC MN4 microprocessor using the
Accomplishment Instructions, paragraph 3., as applicable, of GEnx-1B
Service Bulletin (SB) 73-0097 R00, dated December 17, 2020, or R01,
dated January 29, 2021; or GEnx-2B SB 73-0090 R00, dated December
17, 2020, or R01, dated January 28, 2021.

(i) Installation Prohibition

    After the effective date of this AD, do not install onto any
engine an EEC with a main channel board that was subject to more
than three replacements of the EEC MN4 microprocessor.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in Related Information. 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.

(k) Related Information

    (1) For more information about this AD, contact Mehdi Lamnyi,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
General Electric Company, 1 Neumann Way, Cincinnati, OH 45215;
phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
website: www.ge.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 1200 District Avenue, Burlington, MA 01803. For
information on the availability of this material at the FAA, call
(781) 238-7759.

    Issued on April 7, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-07550 Filed 4-15-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Rules and Regulations]
[Pages 3182-3184]
[FR Doc No: 2022-01141]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0949; Project Identifier AD-2021-00115-E;
Amendment 39-21915; AD 2022-02-18]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
General Electric Company (GE) CF6-80C2A1, CF6-80C2A2, CF6-80C2A3, CF6-
80C2A5, CF6-80C2A5F, and CF6-80C2A8 model turbofan engines with an
installed left-hand rear mount link assembly, part number (P/N)
1846M23G01. This AD was prompted by the manufacturer reducing the life
limit for the affected left-hand rear mount link assembly. This AD
requires revising the airworthiness limitations section (ALS) of the
existing engine maintenance manual and the operator's existing approved
continuous airworthiness maintenance program (CAMP). The FAA is issuing
this AD to address the unsafe condition on these products.

DATES: This AD is effective February 25, 2022.

ADDRESSES: For service information identified in this final rule,
contact General Electric Company, 1 Neumann Way, Cincinnati, OH 45215;
phone:<PHONE_NUMBER>; email: [email protected]; website:
https://www.ge.com. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0949.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0949; 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, any
comments received, and other information. The address for Docket
Operations is U.S. Department of

Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Scott Stevenson, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all GE CF6-80C2A1, CF6-
80C2A2, CF6-80C2A3, CF6-80C2A5, CF6-80C2A5F, and CF6-80C2A8 model
turbofan engines with an installed left-hand rear mount link assembly,
P/N 1846M23G01. The NPRM published in the Federal Register on November
5, 2021 (86 FR 61086). The NPRM was prompted by a report from the
manufacturer reducing the life limit for the affected left-hand rear
mount link assembly. The left-hand rear mount link assembly was
redesigned and certified in 1999, and the FAA subsequently issued AD
2000-12-08 (65 FR 39536, June 27, 2000), mandating the replacement of
the affected left-hand rear mount link assembly with a part eligible
for installation. Later, analysis from the aircraft manufacturer of
stress loads in their extended service goal mission profile revealed
loads during the take-off phase that were not included at
certification. These additional loads result in a reduced life limit on
the left-hand rear mount link assembly. In the NPRM, the FAA proposed
to require revising the ALS of the GE CF6-80C Engine Manual, GEK92451,
as applicable to each affected engine model, and the operator's
existing approved CAMP to incorporate a reduced life limit for the
affected left-hand rear mount link assembly, P/N 1846M23G01. The FAA is
issuing this AD to address the unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from one commenter, FedEx Express, who
supported the NPRM without change.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety requires adopting the AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes,
including the removal of the reference to GE CF6-80C2 Engine Manual,
GEK92451, this AD is adopted as proposed in the NPRM.

Related Service Information

    The FAA reviewed GE CF6-80C2 Temporary Revision (TR) 05-0276, dated
July 13, 2021 (GE TR 05-0276), and GE CF6-80C2 TR 05-0277, dated July
9, 2021 (GE TR 05-0277). GE TR 05-0276 and GE TR 05-277 provide the new
life limit to be updated into the ALS, for the affected left-hand rear
mount link assembly, in the existing engine maintenance manual.

Costs of Compliance

    The FAA estimates that this AD affects 220 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revise ALS of Engine Manual and the     2 work-hours x $85 per                $0            $170         $37,400
 operator's existing approved CAMP.      hour = $170.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2022-02-18 General Electric Company: Amendment 39-21915; Docket No.
FAA-2021-0949; Project Identifier AD-2021-00115-E.

(a) Effective Date

    This airworthiness directive (AD) is effective February 25,
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to General Electric Company (GE) CF6-80C2A1,
CF6-80C2A2, CF6-80C2A3, CF6-80C2A5, CF6-80C2A5F, and CF6-80C2A8
model turbofan engines with an installed left-hand rear mount link
assembly, part number (P/N) 1846M23G01.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7120, Engine Mount
Section.

(e) Unsafe Condition

    This AD was prompted by a report from the manufacturer on an
updated analysis of stress loads during take-off, which revealed a
stress increase with take-off phase loads that were not included at
certification. The FAA is issuing this AD to lower the life limit of
the left-hand rear mount link assembly and prevent the failure of
the engine mount system. The unsafe condition, if not addressed,
could result in separation of the engine from the airplane and loss
of the airplane.

(f) Compliance

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

(g) Required Actions

    Within 180 days after the effective date of this AD, revise the
airworthiness limitations section of the existing engine maintenance
manual, and the operator's existing approved continuous
airworthiness maintenance program, by reducing the life limit of the
left-hand rear mount link assembly, P/N 1846M23G01, from 50,000
flight cycles (FCs) to 23,800 FCs.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ECO Branch, send it to the attention of the person identified in
paragraph (i) of this AD. You may email your request to: [email protected].
    (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.

(i) Related Information

    For more information about this AD, contact Scott Stevenson,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].

(j) Material Incorporated by Reference

    None.

    Issued on January 14, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-01141 Filed 1-20-22; 8:45 am]
BILLING CODE 4910-13-P