[Federal Register: July 31, 2006 (Volume 71, Number 146)]
[Notices]
[Page 43144-43145]
[DOCID:fr31jy06-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-102-001]

Trunkline LNG Company, LLC; Notice of Filing

July 24, 2006.
    Take notice that on July 18, 2006, Trunkline LNG Company, LLC
(Trunkline LNG), P.O. Box 4967, Houston, Texas 77210-4967, filed an
application, pursuant to section 3(a) of

the Natural Gas Act (NGA) and part 157 of the Commission's Rules and
Regulations, to amend its pending application filed on March 31, 2006.
Trunkline LNG seeks to revise:
    (1) The depreciation rate reflected on Exhibit O and the
corresponding annual depreciation expense, (2) the estimated
incremental revenues, expenses and income reflected on Exhibit N, and
(3) the cost of service, rate derivation and Pro Forma Sheet No. 5
contained in Exhibit P. The application is on file with the Commission
and open for public inspection. This filing is available for review at
the Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''

link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, please
contact FERC Online Support at<EMAIL_ADDRESS>or toll free
at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.
    Trunkline LNG states that the negotiated rate with its customer, BG
LNG Services, LLC (BG LNG), is based on a 40 year depreciable life for
the Infrastructure Enhancement Project. The facilities will be new
construction and of a durable long-lived nature. Therefore, Trunkline
LNG proposes to depreciate the life of the assets over a term of 40
years instead of 20 years as indicated in the March 31, 2006
application. The revision results in the recourse rate decreasing from
$1.2616 per Dt to $1.1378 per Dt and the composite depreciation rate of
5.0% will be 2.5%.
    Any questions regarding the application are to be directed to
William W. Grygar, Vice President of Rates and Regulatory Affairs, 5444
Westheimer Road, Houston, Texas 77056-5306; phone number (713) 989-
7000.
    Any person wishing to obtain legal status by becoming a party to
the proceedings for this project should, on or before the below listed
comment date, file with the Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426, a motion to intervene in
accordance with the requirements of the Commission's Rules of Practice
and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the
NGA (18 CFR 157.10). A person obtaining party status will be placed on
the service list maintained by the Secretary of the Commission and will
receive copies of all documents filed by the applicant and by all other
parties. A party must submit 14 copies of filings made with the
Commission and must mail a copy to the applicant and to every other
party in the proceeding. Only parties to the proceeding can ask for
court review of Commission orders in the proceeding.
    Motions to intervene, protests and comments may be filed
electronically via the Internet in lieu of paper, see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: 5 p.m. Eastern Time on August 14, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-12247 Filed 7-28-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 31, 2005 (Volume 70, Number 209)]
[Notices]
[Page 62355-62356]
[DOCID:fr31oc05-78]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52660; File No. SR-CBOE-2005-80]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change and Amendment No. 2 Thereto Relating to Crediting of
Certain DPM Principal Acting as Agent Order Transaction Fees

October 24, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 30, 2005, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. On October 17, 2005, the Exchange filed Amendment No. 1 to
the proposed rule change.\3\ On October 20, 2005, the Exchange filed
Amendment No. 2 to the proposed rule change.\4\ CBOE has designated
this proposal as one establishing or changing a due, fee, or other
charge imposed by a self-regulatory organization pursuant to Section
19(b)(3)(A) of the Act,\5\ and Rule 19b-4(f)(2) thereunder,\6\ which
renders the proposal effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change, as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 was withdrawn by CBOE on October 20, 2005.
    \4\ In Amendment No. 2, the Exchange made non-substantive
changes to the purpose of the proposed rule change and to the
proposed rule text, clarified the apportionment of the $.20 credit,
and added a reimbursement obligation on the part of DPMs in
connection with the Linkage Fee Credit described herein.
    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to amend its Fees Schedule to enhance the credit to
Designated Primary Market-Makers (``DPMs'') for transaction fees they
incur related to the execution of outbound ``principal acting as
agent'' (``P/A'') Orders. The text of the proposed rule change is
available on CBOE's Web site, http://www.cboe.com, at CBOE's principal

office, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, CBOE included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposal. 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange, pursuant to Section 21 of the CBOE Fees Schedule,
credits DPMs for transaction fees they incur related to the execution
of outbound P/A Orders, as defined in the Plan for the Purpose of
Creating and Operating an Intermarket Option Linkage (``Linkage'').
This ``Linkage Fee Credit'' is accomplished via a rebate and a credit:
(i) the Exchange rebates transaction fees that DPMs incur when they
trade against a customer order that underlies a P/A Order the DPM sent
through the Linkage; and (ii) the Exchange credits the DPMs up to an
additional 50% of such transaction fees (``50% Credit'') to help offset
some of the fees the DPMs incur for submitting P/A Orders through the
Linkage.\7\ Thus, at current rates in equity options, a DPM receives a
rebate of the $.12 per contract CBOE transaction fee, and up to an
additional $.06 per contract under the 50% Credit, for a total payment
of up to $.18 per contract.
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    \7\ See Securities Exchange Act Release Nos. 49341 (March 1,
2004), 69 FR 10492 (March 5, 2004) (SR-CBOE-2004-08) and 49769 (May
25, 2004), 69 FR 31145 (June 2, 2004) (SR-CBOE-2004-13).
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    The Exchange proposes to enhance the Linkage Fee Credit by
replacing the 50% Credit with a credit of up to $.20 per contract. As
under the current program, the aggregate amount of the $.20 per
contract credit for all DPMs will be limited to no more than the total
amount of fees that the Exchange earns from fees generated by inbound
Linkage transaction fees. The foregoing credit is apportioned to DPMs
pro-rata based on the number of contracts executed by each DPM at other
exchanges via P/A Orders. A DPM will be expected to reimburse the
Exchange to the extent that the funds received by the DPM via the
Linkage Fee Credit program exceed the DPM's actual costs incurred in
executing linkage-related transactions.
    The Exchange also proposes to modify Section 23 of the Fees
Schedule, which includes a cross-reference to Section 21, to reflect
the changes to Section 21.
    The purpose of the enhanced Linkage Fee Credit program is to
further assist DPMs in offsetting the additional costs they incur in
routing orders to other exchanges in order to obtain the National Best
Bid or Offer. The proposed Linkage Fee Credit program will be effective
October 1, 2005 through December 30, 2005.

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \8\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \9\ in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges among its members.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE believes that the proposed rule change would impose no burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Act.

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

    CBOE did not solicit or receive any written comments with respect
to the proposal.

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

    The foregoing proposed rule change has been designated as a fee
change pursuant to Section 19(b)(3)(A)(ii) of the Act \10\ and Rule
19b-4(f)(2) \11\ thereunder. Accordingly, the proposal is effective
upon filing with the Commission. At any time within 60 days of the
filing of the proposed rule change, the Commission may summarily
abrogate 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.\12\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
    \12\ The effective date of the original proposed rule change is
September 30, 2005, and the effective date of Amendment No. 2 is
October 20, 2005. For purposes of calculating the 60-day period
within which the Commission may summarily abrogate the proposed rule
change, as amended, under Section 19(b)(3)(C) of the Act, the
Commission considers the period to commence on October 20, 2005, the
date on which the Exchange submitted Amendment No. 2. See 15 U.S.C.
78s(b)(3)(C).
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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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-CBOE-2005-80 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street NE., Washington, DC 20549-9303.
    All submissions should refer to File Number SR-CBOE-2005-80. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-CBOE-2005-80 and should be submitted on or before
November 21, 2005.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
[FR Doc. E5-6000 Filed 10-28-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 160 (Tuesday, August 18, 2020)]
[Rules and Regulations]
[Pages 50774-50777]
[FR Doc No: 2020-17982]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0004; Airspace Docket No. 19-AGL-16]
RIN 2120-AA66

Amendment, Establishment, and Revocation of Multiple Air Traffic
Service (ATS) Routes in the Vicinity of Waukon, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends VHF Omnidirectional Range (VOR) Federal
airways V-2, V-77, V-138, V-218, V-246 and V-398; amends low altitude
Area Navigation (RNAV) route T-251; establishes low altitude RNAV route
T-348, and removes VOR Federal airway V-411 in the vicinity of Waukon,
IA. The Air Traffic Service (ATS) route modifications, establishment,
and removal are necessary due to the planned decommissioning of the VOR
portion of the Waukon, IA, VOR/Distance Measuring Equipment (VOR/DME)
navigation aid (NAVAID). The Waukon VOR provides navigation guidance
for portions of the affected ATS routes and is being decommissioned as
part of the FAA's VOR Minimum Operational Network (MON) program.

DATES: Effective date 0901 UTC, November 5, 2020. 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 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of FAA Order 7400.11D at NARA, email:
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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
the 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 would modify the route structure as necessary to
preserve the safe and efficient flow of air traffic within the National
Airspace System.

History

    The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2020-0004 in the Federal Register (85 FR 4245; January 24,
2020), amending VOR Federal airways V-2, V-77, V-138, V-218, V-246 and
V-398; establishing low altitude RNAV routes T-348 and T-389; and
removing VOR Federal airway V-411 in the vicinity of Waukon, IA. The
proposed actions were due to the planned decommissioning of the VOR
portion of the Waukon, IA, VOR/DME. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal. No comments were received.
    VOR Federal airways are published in paragraph 6010(a) and low
altitude RNAV routes are published in paragraph 6011 of FAA Order
7400.11D dated August 8, 2019, and effective September 15, 2019, which
is incorporated by reference in 14 CFR 71.1. The VOR Federal airways
listed in this document will be subsequently published in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as

listed in the ADDRESSES section of this document. FAA Order 7400.11D
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

Differences From the Proposal

    In the NPRM, the FAA proposed to establish low altitude RNAV route
T-389 extending from the Farmington, MO, VOR/Tactical Air Navigation
(VORTAC) NAVAID to the KOETZ, WI, waypoint. After the NPRM published,
the FAA discovered that the first three T-389 route points overlapped
the same three route points in an existing low altitude RNAV route, T-
251; thus creating a situation where the proposed T-389 and existing T-
251 would overlap between the Farmington, MO, VORTAC and the RIVRS, IL,
waypoint (intersection (INT) in the T-251 description). The proposed T-
389 would then extended northward from the RIVRS, IL, waypoint to the
KOETZ, WI, waypoint.
    The FAA supports establishing a low altitude RNAV T-route between
the Farmington, MO, VORTAC and the KOETZ, WI, waypoint as proposed in
the NPRM. However, to avoid having two T-routes overlap providing
redundant RNAV routing over the same area and to preserve a T-route
number for future use elsewhere in the NAS, the FAA has determined it
better to amend the existing T-251 by extending it from the RIVRS, IL,
INT over the same routing proposed in the NPRM to the KOETZ waypoint
instead of establishing T-389 to accomplish the same. By amending T-
251, the FAA saves the T-389 route number for future use.
    As such, this rule is amending T-251 by extending the existing T-
route from the RIVRS, IL, INT northward to the KOETZ, WI, waypoint over
the same route points proposed for T-389 in the NPRM, and not using the
T-389 route number at this time. Additionally, this rule amends the
RIVRS, IL, INT route point in the T-251 description to reflect it as a
waypoint instead of an intersection.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 71 by modifying VOR Federal airways V-2, V-77, V-138, V-218, V-
246, and V-398; modifying low altitude RNAV route T-251; establishing
low altitude RNAV route T-348; and removing VOR Federal airway V-411.
The planned decommissioning of the VOR portion of the Waukon, IA, VOR/
DME has made this action necessary.
    The VOR Federal airway changes are outlined below.
    V-2: V-2 extends between the Seattle, WA, VORTAC and the
intersection of the Nodine, MN, VORTAC 122[deg] and Waukon, IA, VOR/DME
053[deg] radials (WEBYE fix); and between the Buffalo, NY, VOR/DME and
the Gardner, MA, VOR/DME. The airway segment between the Nodine, MN,
VORTAC and the intersection of the Nodine, MN, VORTAC 122[deg] and
Waukon, IA, VOR/DME 053[deg] radials (WEBYE fix) is removed. The
unaffected portions of the existing airway remain as charted.
    V-77: V-77 extends between the San Angelo, TX, VORTAC and the
Waukon, IA, VOR/DME. The airway segment between the Waterloo, IA, VOR/
DME and the Waukon, IA, VOR/DME is removed. The unaffected portions of
the existing airway remain as charted.
    V-138: V-138 extends between the Riverton, WY, VOR/DME and the
Sidney, NE, VOR/DME; and between the Grand Island, NE, VOR/DME and the
Waukon, IA, VOR/DME. The airway segment between the Mason City, IA,
VOR/DME and the Waukon, IA, VOR/DME is removed. Additionally, the two
``1,200 feet AGL'' references listed between the Grand Island, NE, VOR/
DME and the Lincoln, NE, VORTAC are removed. The unaffected portions of
the existing airway remain as charted.
    V-218: V-218 extends between the International Falls, MN, VOR/DME
and the Waukon, IA, VOR/DME. The airway segment between the Gopher, MN,
VORTAC and the Waukon, IA, VOR/DME is removed. The unaffected portions
of the existing airway remain as charted.
    V-246: V-246 extends between the Janesville, WI, VOR/DME and the
intersection of the Nodine, MN, VORTAC 055[deg] and Eau Claire, WI,
VORTAC 134[deg] radials (MILTO fix). The airway segment between the
Dubuque, IA, VOR/DME and the intersection of the Nodine, MN, VORTAC
055[deg] and Eau Claire, WI, VORTAC 134[deg] radials (MILTO fix) is
removed. The unaffected portions of the existing airway remain as
charted.
    V-398: V-398 extends between the Aberdeen, SD, VOR/DME and the Lone
Rock, WI, VOR/DME. The airway segment between the Rochester, MN, VOR/
DME and the Lone Rock, WI, VOR/DME is removed. The unaffected portions
of the existing airway remain as charted.
    V-411: V-411 extends between the Lone Rock, WI, VOR/DME and the
Farmington, MN, VORTAC. The airway is removed in its entirety.
    The low altitude RNAV route change and establishment are outlined
below.
    T-251: T-251 is amended to extend it between the RIVRS, IL,
intersection and the KOETZ, WI, waypoint, over the same route points
proposed as T-389 in the NPRM. Additionally, the RIVRS, IL,
intersection route point is amended to reflect it as a waypoint. This
T-route amendment is accomplished instead of establishing T-389 as
proposed in the NPRM.
    T-348: T-348 is established between the BRAIN, MN, waypoint and the
Lungs, WI, waypoint.
    All radials in the VOR Federal airway descriptions below are
unchanged and stated in True degrees.

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.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (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 of amending VOR Federal
airways V-2, V-77, V-138, V-218, V-246 and V-398; amending low altitude
Area Navigation (RNAV) route T-251; establishing low altitude RNAV
route T-348, and removing VOR Federal airway V-411 due to the planned
decommissioning of the VOR portion of the Waukon, IA, VOR/DME NAVAID
qualifies for categorical exclusion under the National Environmental
Policy Act and its implementing regulations at 40 CFR part 1500, and in
accordance with FAA Order 1050.1F, Environmental Impacts: Policies and
Procedures, paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). As such, this action
is not expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding

Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. The FAA has determined that no extraordinary circumstances
exist that warrant preparation of an environmental assessment or
environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration 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 FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019 and
effective September 15, 2019, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-2 [Amended]

    From Seattle, WA; Ellensburg, WA; Moses Lake, WA; Spokane, WA;
Mullan Pass, ID; Missoula, MT; Helena, MT; INT Helena 119[deg] and
Livingston, MT, 322[deg] radials; Livingston; Billings, MT; Miles
City, MT; 24 miles, 90 miles 55 MSL, Dickinson, ND; 10 miles, 60
miles 38 MSL, Bismarck, ND; 14 miles, 62 miles 34 MSL, Jamestown,
ND; Fargo, ND; Alexandria, MN; Gopher, MN; to Nodine, MN. From
Buffalo, NY; Rochester, NY; Syracuse, NY; Utica, NY; Albany, NY; INT
Albany 084[deg] and Gardner, MA, 284[deg] radials; to Gardner.
* * * * *

V-77 [Amended]

    From San Angelo, TX; Abilene, TX; INT Abilene 047[deg] and
Wichita Falls, TX, 204[deg] radials; Wichita Falls; INT Wichita
Falls 028[deg] and Will Rogers, OK, 216[deg] radials; Will Rogers;
INT Will Rogers 002[deg] and Pioneer, OK, 201[deg] radials; Pioneer;
Wichita, KS; INT Wichita 042[deg] and Topeka, KS, 236[deg] radials;
Topeka; St Joseph, MO; Lamoni, IA; Des Moines, IA; Newton, IA; to
Waterloo, IA.
* * * * *

V-138 [Amended]

    From Riverton, WY; 35 miles, 80 miles 107 MSL, 16 miles 85 MSL,
Medicine Bow, WY; Cheyenne, WY; to Sidney, NE. From Grand Island,
NE; INT of Grand Island 099[deg] and Lincoln, NE, 267[deg] radials;
Lincoln; Omaha, IA; INT Omaha 032[deg] and Fort Dodge, IA, 222[deg]
radials; Fort Dodge; to Mason City, IA.
* * * * *

V-218 [Amended]

    From International Falls, MN; Grand Rapids, MN; to Gopher, MN.
* * * * *

V-246 [Amended]

    From Janesville, WI; to Dubuque, IA.
* * * * *

V-398 [Amended]

    From Aberdeen, SD, via INT Aberdeen 101[deg] and Watertown, SD,
312[deg] radials; Watertown; Redwood Falls, MN; to Rochester, MN.
* * * * *

V-411 [Removed]

* * * * *

6011. United States Area Navigation Routes.

* * * * *

T-251 Farmington, MO (FAM) to Koetz, WI [Amended]

Farmington, MO (FAM)             VORTAC             (Lat. 37[deg]40'24.46'' N, long. 090[deg]14'02.61'' W)
Foristell, MO (FTZ)              VORTAC             (Lat. 38[deg]41'39.60'' N, long. 090[deg]58'16.57'' W)
RIVRS, IL                        WP                 (Lat. 39[deg]25'21.41'' N, long. 090[deg]55'56.70'' W)
KAYUU, MO                        WP                 (Lat. 40[deg]19'05.81'' N, long. 091[deg]41'36.59'' W)
MERKR, IA                        WP                 (Lat. 40[deg]49'16.02'' N, long. 092[deg]08'26.88'' W)
AGENS, IA                        FIX                (Lat. 41[deg]01'43.78'' N, long. 092[deg]20'50.25'' W)
PICRA, IA                        WP                 (Lat. 41[deg]35'00.72'' N, long. 092[deg]32'34.29'' W)
HAVOS, IA                        WP                 (Lat. 42[deg]04'16.32'' N, long. 092[deg]28'29.38'' W)
Waterloo, IA (ALO)               VOR/DME            (Lat. 42[deg]33'23.39'' N, long. 092[deg]23'56.13'' W)
ZEZDU, IA                        WP                 (Lat. 42[deg]49'29.02'' N, long. 092[deg]04'58.05'' W)
FALAR, MN                        WP                 (Lat. 43[deg]34'26.04'' N, long. 091[deg]30'18.32'' W)
KOETZ, WI                        WP                 (Lat. 44[deg]13'15.00'' N, long. 091[deg]28'14.00'' W)

                                                  * * * * * * *
T-348 Brain, MN to Lungs, WI [New]

BRAIN, MN                        WP                 (Lat. 43[deg]39'00.24'' N, long. 096[deg]26'12.58'' W)
GRSIS, MN                        WP                 (Lat. 43[deg]38'45.54'' N, long. 094[deg]25'21.17'' W)
FOOLS, MN                        WP                 (Lat. 43[deg]46'58.20'' N, long. 092[deg]35'44.93'' W)
GABDE, MN                        WP                 (Lat. 43[deg]38'50.04'' N, long. 092[deg]18'26.46'' W)
KRRTR, IA                        WP                 (Lat. 43[deg]16'18.12'' N, long. 091[deg]22'30.62'' W)
Madison, WI (MSN)                VORTAC             (Lat. 43[deg]08'41.41'' N, long. 089[deg]20'22.91'' W)
LUNGS, WI                        WP                 (Lat. 43[deg]02'43.66'' N, long. 088[deg]56'54.86'' W)

* * * * *

    Issued in Washington, DC, on August 12, 2020.
Scott M. Rosenbloom,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2020-17982 Filed 8-17-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: January 28, 2010 (Volume 75, Number 18)]
[Rules and Regulations]
[Page 4490]
[DOCID:fr28ja10-10]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2007-0115]
RIN 1625-AA87

Security Zone; Escorted Vessels, Charleston, SC, Captain of the
Port Zone

Correction

    Rule document E8-11863 was inadvertently published in the Proposed
Rules section of the issue of May 28, 2008, beginning on page 30560. It
should have appeared in the Rules and Regulations section.

[FR Doc. 2010-517 Filed 1-27-10; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register Volume 76, Number 1 (Monday, January 3, 2011)]
[Proposed Rules]
[Pages 28-31]
[FR Doc No: 2010-33129]

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

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

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

Federal Register / Vol. 76, No. 1 / Monday, January 3, 2011 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0908; Directorate Identifier 2009-NM-067-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 757 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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

SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for the products listed above. That NPRM proposed replacing the
power control relays for the fuel boost pumps and override pumps with
new relays having a ground fault interrupt (GFI) feature. That NPRM was
prompted by results from fuel system reviews conducted by the
manufacturer. This action revises that NPRM for all airplanes by
proposing to require an electrical bonding resistance measurement for
certain GFI relays to verify that certain bonding requirements are met.
This action also revises that NPRM by proposing to require, for certain
airplanes, an inspection to ensure that certain screws are properly
installed, and re-installing longer screws if necessary. We are
proposing this supplemental NPRM to prevent damage to the fuel pumps
caused by electrical arcing that could introduce an ignition source in
the fuel tank, which, in combination with flammable fuel vapors, could
result in a fuel tank explosion and consequent loss of the airplane.
Since these actions impose an additional burden over that proposed in
the NPRM, we are reopening the comment period to allow the public the
chance to comment on these proposed changes.

DATES: We must receive comments on this supplemental NPRM by January
28, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet
https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Georgios Roussos, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, Seattle Aircraft Certification
Office, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0908;
Directorate Identifier 2009-NM-067-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to include an
airworthiness directive (AD) that would apply to certain Model 757-200,
-200PF, -200CB, and -300 series airplanes. That NPRM was published in
the Federal Register on October 19, 2009 (74 FR 53436). That NPRM
proposed to require replacing the power control relays for the fuel
boost pumps and override pumps with new relays having a ground fault
interrupt (GFI) feature.

Actions Since Previous NPRM Was Issued

    Since we issued the previous NPRM, Boeing has issued Service
Bulletins 757-28A0078 and 757-28A0079, both Revision 1, both dated
August 24, 2010. In the previous NPRM, we referred to Boeing Alert
Service Bulletins 757-28A0078 and 757-28A0079, both dated July 16,
2008, as the appropriate sources of service information. The procedures
in Revision 1 of these service bulletins are essentially the same as
those in the original issues; however, Revision 1 of these service
bulletins also includes the following new actions:
     For all airplanes: Adds bonding resistance measurements of
the GFI relays installed on the P33 and P37 panels to verify that
certain bonding requirements are met.
     For airplanes on which the original issue of these service
bulletins has been

done: Adds general visual inspection to ensure that the installation
screws used to secure the GFI relays have enough grip length to hold
the screws to each nutplate. The original screws were shorter and might
not have been installed properly. Revision 1 of these service bulletins
specifies installation of longer screws if necessary.
     For all airplanes: Corrects the part number for the screws
used to install the relays and adds substitution information for
installation screws.

Comments

    We gave the public the opportunity to comment on the previous NPRM.
The following presents the comments received on the NPRM and the FAA's
response to each comment.

Request To Change Wording in NPRM

    Boeing requested that we change the wording in the paragraph of the
NPRM titled, ``FAA's Determination and Requirements of This Proposed
AD.'' The paragraph states in part: ``Airworthiness Limitation (AWL)
28-AWL-21 of Section 9 of the Boeing 757 Maintenance Planning Document
(MPD) Document, D622N001-9, Revision March 2008, which was required by
AD 2008-10-11, is also related to this proposed AD by including a
repetitive operational test of the GFI relays, and repair of any failed
GFI relay to ensure continued functionality of the GFI circuit.''
Boeing pointed out that AWL 28-AWL-21 does not mention repair of any
failed GFI relay and requested that the phrase ``and repair of any
failed GFI relay'' be deleted from that paragraph of the NPRM.
    We agree with Boeing's statement that AWL 28-AWL-21 of Section 9 of
the Boeing 757 Maintenance Planning Document (MPD) Document, D622N001-
9, Revision March 2008, does not describe repair of the GFI relays. The
intent of the repair statement in the original NPRM was to show that if
a maintenance check fails, it should be followed by a system repair and
retest before pump operation. The correction can be a replacement of
the GFI relay, its repair, or some other means identified in the
airplane maintenance manual. However, the paragraph referenced by the
commenter is not restated in this supplemental NPRM. Therefore, no
change to this supplemental NPRM is necessary in this regard.

Request To Permit Incorporation of Universal Fault Interrupter (UFI)

    TDG Aerospace requested that we change the previous NPRM to reflect
incorporation of a UFI it produces as an approved means of compliance
for providing electrical fault protection for the center fuel tank
override boost pumps. Thomson Airways, Jet2.com, FedEx, Continental
Airlines, American Airlines, and DHL support TDG Aerospace's request.
TDG Aerospace stated that FAA Supplemental Type Certificate (STC)
ST01950LA, issued January 17, 2007, installs the TDG Aerospace UFI on
Model 757 airplanes. TDG Aerospace pointed out that the UFIs have been
approved as an alternative method of compliance (AMOC) with the
requirements of paragraph (g) of AD 2008-11-07, Amendment 39-15529 (73
FR 30755, May 29, 2008), and paragraph (e) of AD 2002-24-51, Amendment
39-12900 (67 FR 61253, September 30, 2002), for certain Model 757-200
and 757-300 airplanes.
    We acknowledge the commenter's request to allow the incorporation
of the TDG Aerospace UFI for compliance with this supplemental NPRM. We
will be working closely with TDG Aerospace on this issue; however, we
have not yet completed evaluating the STC (STC ST01950LA) against the
GFI-specific requirements of this supplemental NPRM. We issued AMOC
approvals for certain requirements of ADs 2008-11-07 and 2002-24-51 in
reference to potential ignition due to the generation of sparks caused
by metal-to-metal contact during dry fuel pump operation, rather than
generation by electrical arcing that this supplemental NPRM addresses.
If substantiating data demonstrate that the TDG Aerospace UFI will
provide an acceptable level of safety, we might consider reflecting
incorporation of the STC as an option when we issue the final rule AD.
We have not changed the supplemental NPRM in this regard.

Request Use of Substitutes for Common Hardware

    American Airlines requested that operators be allowed to use
substitutes for common hardware such as washers, nuts, bolts, shims,
sealants, and adhesives that have been determined to be equivalent to
the operator's parts management system. American Airlines stated that
the Parts Disposition Authority for American Airlines is contained in
the engineering procedures manual (EPM), which is incorporated by
reference into the general manual that is required by the FAA-approved
operations specification. The commenter stated that the EPM defines the
process by which parts equivalency can be established. American
Airlines stated that using approved substitutes for common hardware
will eliminate unnecessary AMOC requests for equivalent hardware.
    We disagree with the request to allow the use of substitutes for
common hardware. Common hardware, as detailed above, in certain cases
may play an integral role in the safety and integrity of the
installation. The specific importance of common hardware may not always
be obvious, and parts equivalency can only be assessed and addressed by
an engineering review of the system and its installation. Operators may
use the approved fastener and process material substitutions listed in
the Accomplishment Instructions of Boeing Service Bulletins 757-28A0078
and 757-28A0079, both Revision 1, both dated August 24, 2010, as
applicable. According to the provisions of paragraph (k) of this AD,
operators may request approval of an AMOC to use substitutes for common
hardware, if the request is submitted with substantiating data that
demonstrate the substitutes for common hardware will provide an
acceptable level of safety. We have not changed the supplemental NPRM
in this regard.

Explanation of Changes Made to This Supplemental NPRM

    We have revised this supplemental NPRM to identify the legal name
of the manufacturer as published in the most recent type certificate
data sheet for the affected airplane models.
    Since issuance of the original NPRM, we have increased the labor
rate used in the Costs of Compliance from $80 per work-hour to $85 per
work-hour. The Costs of Compliance information, below, reflects this
increase in the specified hourly rate.
    We have also revised the Costs of Compliance in this supplemental
NPRM to include the cost of the inspection to ensure that the
installation screws used to secure the GFI relays have enough grip
length to hold the screws to each nutplate and the cost of the bonding
resistance measurement.
    We have been advised that there is an error in Boeing Service
Bulletins 757-28A0078 and 757-28A0079, both Revision 1, both dated
August 24, 2010. The note in paragraph 3.B.12.i(5), refers to the left
override fuel boost pump instead of the right override fuel boost pump.
Boeing has issued Service Bulletin Information Notices (IN) 757-28A0078
IN 02 and 757-28A0079 IN 02, both dated October 6, 2010, to inform
operators of the error. We have added a new paragraph (i) to this
supplemental NPRM to reflect this change.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all
the relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design. Certain changes described above expand the scope of the
original NPRM. As a result, we have determined that it is necessary to
reopen the comment period to provide additional opportunity for the
public to comment on this supplemental NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require accomplishing the actions
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD will affect 696 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per        Cost on U.S.
               Action                        Labor cost           Parts cost    product          operators
----------------------------------------------------------------------------------------------------------------
Replacement, measurement, and        7 work-hours x $85 per          $12,600      $13,195  Up to $9,183,720.\1\
 operational test.                    hour = $595.
Inspection of screw installation     1 work-hour x $85 per hour            0           85  $59,160.
 and bonding resistance measurement.  = $85.
----------------------------------------------------------------------------------------------------------------
\1\ The cost on U.S. operators depends on airplane configuration.

    We estimate the following costs to do the inspection to ensure that
certain installation screws have sufficient grip length for airplanes
on which the original issue of the service bulletins has been
incorporated. We have no way of determining the number of airplanes
that might need this inspection:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                    Labor cost                 Parts cost    product
----------------------------------------------------------------------------------------------------------------
Installation of longer screw..................  1 work-hour x $85 per hour = $85......           $0          $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.
    We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We 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) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new
airworthiness directive (AD):

The Boeing Company: Docket No. FAA-2009-0908; Directorate Identifier
2009-NM-067-AD.

Comments Due Date

    (a) We must receive comments by January 28, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 757-200, -200PF,
-200CB, and -300 series airplanes, certificated in any category; as
identified in the applicable service bulletin specified in paragraph
(c)(1) or (c)(2) of this AD.
    (1) For Model 757-200, -200PF, and -200CB series airplanes:
Boeing Service Bulletin 757-28A0078, Revision 1, dated August 24,
2010.
    (2) For Model 757-300 series airplanes: Boeing Service Bulletin
757-28A0079, Revision 1, dated August 24, 2010.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 28, Fuel.

Unsafe Condition

    (e) This AD was prompted by fuel system reviews conducted by the
manufacturer. We

are issuing this AD to prevent damage to the fuel pumps caused by
electrical arcing that could introduce an ignition source in the
fuel tank, which, in combination with flammable fuel vapors, could
result in a fuel tank explosion and consequent loss of the airplane.

Compliance

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

Replacement, Measurements and Test

    (g) For airplanes on which the actions specified in Boeing Alert
Service Bulletin 757-28A0078 or 757-28A0079, both dated July 16,
2008, have not been accomplished as of the effective date of this
AD: Within 60 months after the effective date of this AD, replace
the power control relays for the fuel boost pumps and override pumps
with new relays having a ground fault interrupt (GFI) feature; do
applicable electrical bonding resistance measurements between the
GFI relays and their installation panel to verify that applicable
bonding requirements are met; and do an operational test to ensure
correct operation, as specified in Boeing Service Bulletin 757-
28A0078, Revision 1, dated August 24, 2010 (for Model 757-200, -
200CB, and -200PF airplanes); or Boeing Service Bulletin 757-
28A0079, Revision 1, dated August 24, 2010 (for Model 757-300
airplanes). Do all actions in accordance with Part 1 of the
Accomplishment Instructions of Boeing Service Bulletin 757-28A0078,
Revision 1, dated August 24, 2010 (for Model 757-200, -200CB, and -
200PF airplanes); or Boeing Service Bulletin 757-28A0079, Revision
1, dated August 24, 2010 (for Model 757-300 airplanes); except as
required by paragraph (i) of this AD.

Inspection

    (h) For airplanes on which the actions specified in Boeing Alert
Service Bulletin 757-28A0078 or 757-28A0079, both dated July 16,
2008, have been accomplished before the effective date of this AD:
Within 60 months after the effective date of this AD, do a general
visual inspection to verify that each GFI installation screw has
enough grip length to hold the screws in each nut plate; and do
applicable electrical bonding resistance measurements between the
GFI relays and their installation panel to verify that applicable
bonding requirements are met. If the screw does not have enough grip
length, before further flight, install a longer screw. Do all
actions in accordance with Part 2 of the Accomplishment Instructions
of Boeing Service Bulletin 757-28A0078, Revision 1, dated August 24,
2010 (for Model 757-200, -200CB, and -200PF airplanes); or Boeing
Service Bulletin 757-28A0079, Revision 1, dated August 24, 2010 (for
Model 757-300 airplanes).

Exception to the Service Information

    (i) The note in paragraph 3.B.12.i(5) of Part 1 of the
Accomplishment Instructions of Boeing Service Bulletins 757-28A0078
and 757-28A0079, both Revision 1, both dated August 24, 2010, should
read, ``NOTE: The right override fuel boost pump PRESS light stays
off when the pump switch is turned to OFF.''

Paperwork Reduction Act Burden Statement

    (j) A Federal agency may not conduct or sponsor, and a person is
not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be e-mailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your Principal
Maintenance Inspector or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector, your local Flight
Standards District Office.

Related Information

    (l) For more information about this AD, contact Georgios
Roussos, Aerospace Engineer, Systems and Equipment Branch, ANM-130S,
Seattle ACO, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Or, e-mail
information to<EMAIL_ADDRESS>e-mail:
<EMAIL_ADDRESS>    (m) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on December 23, 2010.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-33129 Filed 12-30-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77209-77210]
[FR Doc No: 2020-26471]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2020-0569; FRL-10016-85-OGC]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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

SUMMARY: In accordance with the Clean Air Act, as amended (CAA or the
Act), notice is given of a proposed consent decree in Sierra Club v.
Wheeler, No. 2:20-cv-00725-SMB (D. AZ). On April 14, 2020, the Sierra
Club filed a complaint in the United States District Court for the
District of Arizona, alleging that the Environmental Protection Agency
(EPA) failed to perform certain non-discretionary duties. Plaintiff
alleges that EPA failed to take final action to approve, disapprove,
conditionally approve, or approve in part and disapprove in part,
Arizona's nonattainment plan SIP submission for the West Pinal
nonattainment area for the PM10 National Ambient Air Quality
Standards (NAAQS). The proposed consent decree would establish a
deadline for EPA to take action on the remaining portions of the SIP
submission.

DATES: Written comments on the proposed consent decree must be received
by December 31, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2020-0569, online at https://www.regulations.gov (EPA's preferred
method). Follow the online instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
number for this action. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Additional Information
about Commenting on the Proposed Consent Decree'' heading under the
SUPPLEMENTARY INFORMATION section of this document. Out of an abundance
of caution for members of the public and our staff, the EPA Docket
Center and Reading Room are closed to the public, with limited
exceptions, to reduce the risk of transmitting COVID-19. Our Docket
Center staff will continue to provide remote customer service via
email, phone, and webform. We encourage the public to submit comments
via https://www.regulations.gov, as there may be a delay in processing
mail and faxes. Hand deliveries and couriers may be received by
scheduled appointment only. For further information on EPA Docket
Center services and the current status, please visit us online at
https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information
from the CDC, local area health departments, and our Federal partners
so that we can respond rapidly as conditions change regarding COVID-19.

FOR FURTHER INFORMATION CONTACT: Geoffrey L. Wilcox, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Obtaining a Copy of the Proposed Consent Decree

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2020-0569) contains a copy of the proposed consent
decree.
    The electronic version of the public docket for this action
contains a copy of the proposed consent decree, and is available
through https://www.regulations.gov. You may use https://www.regulations.gov to submit or view public comments, access the index
listing of the contents of the official public docket, and access those
documents in the public docket that are available electronically. Once
in the system, key in the appropriate docket identification number then
select ``search.''

II. Additional Information About the Proposed Consent Decree

    The proposed consent decree would require the EPA to take action
pursuant to CAA section 110(k) on an Arizona state implementation plan
(SIP) submission. On May 31, 2012, pursuant to CAA section 107(d), EPA
designated a portion of Pinal County in Arizona as nonattainment for
the PM10 NAAQS, effective July 2, 2012. On December 21,
2015, the Arizona Department of Environmental Quality (``ADEQ'')
submitted a SIP submission to EPA intended to meet the applicable
Moderate nonattainment area plan requirements for the West Pinal
nonattainment area. EPA determined that part of the SIP submission was
complete on March 21, 2016, and EPA published a final rule approving
that part of the SIP submission on May 1, 2017 (82 FR 20267).
    The proposed consent decree would require the Administrator,
pursuant to CAA sections 110(k)(2)-(4), to take action on the remaining
portion of Arizona's December 21, 2015, nonattainment plan SIP
submission that EPA did not previously address in the May 1, 2017,
final action.
    Under the terms of the proposed consent decree, EPA shall sign a
notice or notices of final rulemaking that approve, disapprove,
conditionally approve, or approve in part and disapprove in part, the
remaining portion of Arizona's December 21, 2015, nonattainment plan
SIP submission for the West Pinal area by July 30, 2021.
    For a period of thirty (30) days following the date of publication
of this document, the Agency will accept written comments relating to
the proposed consent decree. EPA or the Department of Justice may
withdraw or withhold consent to the proposed consent decree if the
comments disclose facts or considerations that indicate that such
consent is inappropriate, improper, inadequate, or inconsistent with
the requirements of the Act.

III. Additional Information About Commenting on the Proposed Consent
Decree

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2020-
0569, via https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from this docket. The EPA may publish any comment
received to its public docket. Do not submit to EPA's docket at https://www.regulations.gov any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. For additional information about submitting information
identified as CBI, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section of this document. Note that written
comments containing CBI and submitted by mail may be delayed and
deliveries or couriers will be received by scheduled appointment only.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment. This ensures that you
can be identified as the submitter of the comment and allows EPA to
contact you in case EPA cannot read your comment due to technical
difficulties or needs further information on the substance of your
comment. Any identifying or contact information provided in the body of
a comment will be included as part of the comment that is placed in the
official public docket and made available in EPA's electronic public
docket. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.
    Use of the https://www.regulations.gov website to submit comments
to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
    Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.

Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2020-26471 Filed 11-30-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Notices]
[Pages 9569-9570]
[FR Doc No: 2017-02483]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0022; FRL-9957-35]

Pesticide Product Registration; Receipt of Applications for New
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and
opportunity to comment on these applications.

DATES: Comments must be received on or before April 10, 2017.

ADDRESSES: Submit your comments, identified by docket identification
(ID) numbers and the file symbols of interest as shown in the body of
this notice, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Registration Applications

    EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the provisions of FIFRA section 3(c)(4)
(7 U.S.C. 136a(c)(4)), EPA is hereby providing notice of receipt and
opportunity to comment on these applications. Notice of receipt of
these applications does not imply a decision by the Agency on these
applications.
    1. EPA Registration Numbers: 100-542 and 100-620. Docket ID Number:
EPA-HQ-OPP-2016-0495. Applicant: Syngenta Crop Protection, LLC, P.O.
Box 18300, Greensboro, NC 27419. Active ingredient: Prometryn. Product
type: Herbicide. Proposed Use: Sesame. Contact: RD.
    2. EPA Registration Numbers: 8033-102 and 8033-103. Docket ID
Number: EPA-HQ-OPP-2016-0649. Applicant: Nisso America Inc., on behalf
of Nippon Soda Co., Ltd., 88 Pine Street, 14th Floor, New York, NY
10005. Active Ingredient: Cyflufenamid. Product Type: Fungicide.
Proposed Uses: Cherry (Crop Sub-Group 12-12A), fruiting vegetables
(Crop Group 8-10), and hops. Contact: RD.
    3. EPA Registration Number: 11195-1. Docket ID Number: EPA-HQ-OPP-
2016-0587. Applicant: Snowden Enterprises, Inc. c/o Pyxis Regulatory
Consulting, Inc. 4110 136th St. Ct. NW., Gig Harbor, WA 98332. Active
Ingredient: Sulfur dioxide. Product Type: Fungicide. Proposed Use: Fig.
Contact: RD.
    4. EPA Registration Numbers: 59639-2, 59639-3, 59639-83, 59639-132,
and 59639-148. Docket ID Number: EPA-HQ-OPP-2016-0651. Applicant:
Valent U.S.A. Corporation, 1600 Riviera Avenue, Suite #200, Walnut
Creek, CA 94596. Active Ingredient: Clethodim. Product Type: Herbicide.
Proposed Uses: Almond; brassica, leafy greens, subgroup 4-16B; leafy
greens subgroup 4-16A; leaf petiole vegetable subgroup 22B; nut, tree,
group 14-12; okra; onion, green, subgroup 3-07B; stalk and stem
vegetable subgroup 22A; and vegetable,

fruiting, group 8-10, except okra. Contact: RD.

    Authority: 7 U.S.C. 136 et seq.

    Dated: January 4, 2017.
Michael Goodis,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2017-02483 Filed 2-6-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: April 6, 2007 (Volume 72, Number 66)]
[Notices]
[Page 17152]
[DOCID:fr06ap07-54]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD07-3-007]

Review of Cost Submittals by Other Federal Agencies for
Administering Part I of the Federal Power Act; Notice Requesting
Questions and Comments on Fiscal Year 2006 Other Federal Agency Cost
Submissions

April 2, 2007.
    In its Order On Rehearing Consolidating Administrative Annual
Charges Bill Appeals And Modifying Annual Charges Billing Procedures
(109 FERC ] 61,040), the Commission set forth an annual deadline for
Other Federal Agencies (OFAs) to submit their costs related to
Administering Part I of the Federal Power Act. The Commission required
the OFAs to submit their costs by December 31st of each fiscal year
(FY) using the OFA Cost Submission Form. The order also announced that
a technical conference would be held for the purpose of reviewing the
submitted cost forms and detailed supporting documentation.
    On March 29, 2007, the Commission held a technical conference to
review the FY 2006 OFA cost submissions, which was attended by OFAs and
licensees.
    Within two weeks of the date of this notice, interested parties may
file their specific questions and comments on the FY 2006 OFA cost
submissions with the Commission under Docket No. AD07-3-007. Once
filed, the Commission will forward the questions and comments to the
OFAs for response.
    Anyone with questions pertaining to the technical conference or
this notice should contact Fannie Kingsberry at<PHONE_NUMBER> (via e-
mail at fannie.kingsberry@ferc.gov), or Norman Richardson at (202) 502-
6219 (via e-mail at norman.richardson@ferc.gov).

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-6436 Filed 4-5-07; 8:45 am]

BILLING CODE 6717-01-P


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Commodity Specific Food Safety Guidelines for the Fresh
Tomato Supply Chain - 2nd Edition

July 2008

FDA is
posting this industry information as a service to industry, consumers, the
media, and other interested parties.

The
document is available in PDF.

Special thanks to all of the companies, agencies, trade associations and
individuals who helped in developing the 2nd edition of this guidance.

Acknowledgements

2nd Edition Editors:
David Gombas, Ph.D., United Fresh
Produce Association (corresponding editor)
Ed Beckman, California Tomato
Farmers
Reggie Brown, Florida Tomato Exchange
Bob Carey, Publix Super
Markets, Inc.
Filindo Colace, Thomas Colace Company
Donna Garren, Ph.D.,
National Restaurant Association
John Gurrisi, Darden Restaurants
Bev
Kempf, Club Chef
JM Procacci, Procacci Brothers
Walter Ram, The Giumarra
Companies
Martha Roberts, Ph.D., University of Florida IFAS

Additional Contributors and Reviewers:

Tom Bruno, DiMare Fresh

Chris Cunnane, Procacci Brothers

Suresh Decosta, McDonalds

Fried DeSchouwer, Greenhouse Produce Company, LLC

Tony DiMare, DiMare Fresh

Bob Elliott, Sunkist Growers

Josh Funk, KFC

Billy Heller, Pacific Tomato Growers

Johnna Hepner, Markon

Don Ikemoto, Yum Brands

Tom Lovelace, McEntire Produce

Sam Maglio, Maglio & Company

Rose Martin, Ontario Greenhouse Vegetable Growers

Buddy McEntire, McEntire Produce

Ross McKenny, Del Monte

John Millwater, Fresh Express

Courtney Parker, Ph.D., Fresh Express

Sean Picquelle, Taco Bell

Bill Pool, Wegmans

Arthur Quiggle, Wholesale Produce

Michael Roberson, Publix Super Markets, Inc.

Larry Robertson, Darden Restaurants

Jim Rushing, Pacific Tomato Growers

Dirk Sampath, DiMare Fresh

John Sikina, Procacci Brothers

Michelle Smith, Ph.D., FDA CFSAN

Mitch Smith, McDonalds

Mike Spinazzola, Subway

Kathleen Staley, USDA AMS

Trevor Suslow, Ph.D., University of California - Davis

Samantha Winters, Florida Tomato Exchange

Brian Zomorodi, Ready Pac

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[Federal Register Volume 85, Number 173 (Friday, September 4, 2020)]
[Notices]
[Pages 55337-55339]
[FR Doc No: 2020-19653]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89722; File No. SR-CboeBZX-2020-042]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Order
Instituting Proceedings To Determine Whether To Approve or Disapprove a
Proposed Rule Change To Accommodate Exchange Listing and Trading of
Options-Linked Securities

September 1, 2020.
    On May 15, 2020, Cboe BZX Exchange, Inc. (``Exchange'' or ``BZX'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
amend BZX Rule 14.11(d) to

permit Exchange listing and trading of Options-Linked Securities. The
proposed rule change was published for comment in the Federal Register
on June 3, 2020.\3\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 88968 (May 28,
2020), 85 FR 34270 (``Notice'').
---------------------------------------------------------------------------

    On July 9, 2020, pursuant to Section 19(b)(2) of the Act,\4\ the
Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ The Commission has received no comment letters on the
proposed rule change.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 89267, 85 FR 42933
(July 15, 2020). The Commission designated September 1, 2020 as the
date by which the Commission shall approve or disapprove, or
institute proceedings to determine whether to disapprove, the
proposed rule change.
---------------------------------------------------------------------------

    The Commission is issuing this order to institute proceedings
pursuant to Section 19(b)(2)(B) of the Act \6\ to determine whether to
approve or disapprove the proposed rule change.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

I. Description of the Proposal

    Exchange Rule 14.11(d) provides for Exchange listing and trading of
Securities Linked to the Performance of Indexes and Commodities
(Including Currencies) (``Linked Securities'').\7\ The Exchange
proposes to amend Rule 14.11(d) to add Options-Linked Securities to the
type of Linked Securities permitted to list and trade on the Exchange.
---------------------------------------------------------------------------

    \7\ Rule 14.11(d) currently accommodates Exchange listing and
trading of Equity Index-Linked Securities, Commodity-Linked
Securities, Fixed Income Index-Linked Securities, Futures-Linked
Securities, and Multifactor Index-Linked Securities (collectively
referred to as ``Linked Securities'').
---------------------------------------------------------------------------

    The proposed amendment would add Options-Linked Securities to the
list of Linked-Securities set forth in paragraph (d) of Rule 14.11.
Additionally, the proposal would provide that the payment at maturity
with respect to Options-Linked Securities is based on the performance
of U.S. exchange-traded options on any one or combination of the
following: (a) Index Fund Shares; (b) Managed Fund Shares, (c)
Exchange-Traded Fund Shares; (d) Linked Securities; (e) securities
defined in Rule 14.11; (f) the S&P 100 Index, the S&P 500 Index, the
Nasdaq 100 Index, the Dow Jones Industrial Average, the MSCI EAFE
Index, the MSCI Emerging Markets Index, the NYSE FANG Index, the
Russell 2000 Index, the Russell 1000 Index, the Russell 1000 Growth
Index, the Russell 1000 Value Index, the Cboe Volatility Index,
Communication Services Select Sector Index, the Consumer Discretionary
Select Sector Index, the Consumer Staples Select Sector Index, the
Energy Select Sector Index, the Financial Select Sector Index, the
Health Care Select Sector Index, the Industrial Select Sector Index,
the Materials Select Sector Index, the Real Estate Select Sector Index,
the Technology Select Sector Index, or the Utilities Select Sector
Index; or (g) a basket or index of any of the foregoing (``Options
Reference Asset'').
    The Exchange proposes that Option-Linked Securities \8\ must meet
both of the following initial listing criteria: (1) The value of the
Options Reference Asset must be calculated and widely disseminated by
one or more major market data vendors on at least a 15-second basis
during the Exchange's regular market session; and (2) in the case of
Options-Linked Securities that are periodically redeemable, the
indicative value of the subject Options Linked Securities must be
calculated and widely disseminated by the Exchange or one or more major
market data vendors on at least a 15-second basis during the Exchange's
regular market session. In addition, the Exchange will consider the
suspension of trading in, and will initiate delisting proceedings
pursuant to Rule 14.12 if any of the initial listing criteria described
above are not continuously maintained. The Exchange also will consider
the suspension of trading in, and will initiate delisting proceedings
pursuant to Rule 14.12 under any of the following circumstances:
---------------------------------------------------------------------------

    \8\ The proposal would move existing Rule 14.11(d)(2)(K)(v)
(Multifactor Index-Linked Securities Listings Standards) to Rule
14.11(d)(2)(K)(vi), and would set forth the Option-Linked Securities
Listing Standards in Rule 14.11(d)(2)(K)(v).
---------------------------------------------------------------------------

    (A) If the aggregate market value or the principal amount of the
Options-Linked Securities publicly held is less than $400,000;
    (B) if an interruption to the dissemination of the value of the
Options Reference Asset persists past the trading day in which it
occurred or is no longer calculated or available and a new Options
Reference Asset is substituted, unless the new Options Reference Asset
meets the requirements of Rule 14.11(d)(2)(K); or
    (C) if such other event shall occur or condition exists which in
the opinion of the Exchange makes further dealings on the Exchange
inadvisable.\9\
---------------------------------------------------------------------------

    \9\ According to the Exchange, the proposed continued listing
criteria for Options-Linked Securities are substantially the same as
existing Rules 14.11(d)(2)(K)(ii)(b) (Commodity-Linked Securities),
14.11(d)(2)(K)(iii)(c) (Fixed Income-Linked Securities), and
14.11(d)(2)(K)(iv)(c) (Futures-Linked Securities). The proposal
would also add Options Reference Assets to the permitted types of
Multifactor Reference Assets.
---------------------------------------------------------------------------

    According to the Exchange, the proposed standards would continue to
ensure transparency surrounding the listing process for Linked
Securities. The Exchange also believes that the standards for listing
and trading Options-Linked Securities are reasonably designed to
promote a fair and orderly market for such securities. The proposed
addition of Options Reference Assets, as described above, would also
work in conjunction with the initial and continued listing criteria
related to surveillance procedures and trading guidelines for Linked
Securities. The Exchange further believes that its surveillance
procedures are adequate to properly monitor the trading of Options-
Linked Securities in all trading sessions and to deter and detect
violations of Exchange Rules.

II. Proceedings To Determine Whether To Approve or Disapprove SR-
CboeBZX-2020-042 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \10\ to determine whether the proposed rule
change should be approved or disapproved. Institution of such
proceedings is appropriate at this time in view of the legal and policy
issues raised by the proposed rule change. Institution of proceedings
does not indicate that the Commission has reached any conclusions with
respect to any of the issues involved. Rather, as described below, the
Commission seeks and encourages interested persons to provide comments
on the proposed rule change.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\11\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of the proposed rule change's consistency with Section 6(b)(5)
of the Act, which requires, among other things, that the rules of a
national securities exchange be ``designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, . . . to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.'' \12\
---------------------------------------------------------------------------

    \11\ Id.
    \12\ 15 U.S.C. 78f(b)(5).

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

III. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposed rule change
is consistent with Section 6(b)(5) or any other provision of the Act,
or the rules and regulations thereunder. Although there do not appear
to be any issues relevant to approval or disapproval that would be
facilitated by an oral presentation of views, data, and arguments, the
Commission will consider, pursuant to Rule 19b-4, any request for an
opportunity to make an oral presentation.\13\
---------------------------------------------------------------------------

    \13\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposed rule change should be approved
or disapproved by September 25, 2020. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
October 9, 2020.
    The Commission asks that commenters address the sufficiency of the
Exchange's statements in support of the proposal, which are set forth
in the Notice,\14\ and any other issues raised by the proposed rule
change under the Act. As discussed above, the Exchange proposes to
adopt generic listing standards for Options-Linked Securities. The
Exchange takes the position that the proposed Options-Linked Securities
generic listing standards would continue to ensure transparency
surrounding the listing process for Linked Securities. The Exchange
also states that the standards for listing and trading Options-Linked
Securities are reasonably designed to promote a fair and orderly market
for such securities.
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    \14\ See supra note 3.
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    The Commission seeks commenters' views regarding whether the
proposal is designed to protect investors and the public interest, and,
in particular, whether there is adequate transparency and disclosure
related to the options to which Options-Linked Securities or
Multifactor Index-Linked Securities are proposed to be linked. In
addition, the Commission seeks comment regarding whether additional
requirements, either qualitative or quantitative, relating to either
the generic listing standards for Options Linked Securities or the
definition of Options Reference Assets, would help to ensure that the
proposal is designed to prevent fraudulent and manipulative acts and
practices.
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeBZX-2020-042 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-CboeBZX-2020-042. 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-CboeBZX-2020-042 and should be submitted
on or before September 25, 2020. Rebuttal comments should be submitted
by October 9, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(57).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-19653 Filed 9-3-20; 8:45 am]
BILLING CODE 8011-01-P