[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57727-57729]
[FR Doc No: 2020-18425]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0449; FRL-10013-14-Region 9]

Approval and Limited Approval and Limited Disapproval of
California Air Plan Revisions; San Diego County Air Pollution Control
District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action on four permitting rules submitted as a revision to the San
Diego County Air Pollution Control District (SDAPCD or ``District'')
portion of the California State Implementation Plan (SIP). We are
finalizing a limited approval and limited disapproval of one rule and
approval of the remaining three rules. These revisions concern the
District's New Source Review (NSR) permitting program for new and
modified sources of air pollution under section 110(a)(2)(C) and part D
of title I of the Clean Air Act (CAA). This action updates the SDAPCD's
applicable SIP with revised rules that the District has amended to
address deficiencies identified in a previous conditional approval
action.

DATES: This rule is effective on October 16, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0449. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Sheila Tsai, EPA Region IX, Air-3-1,
75 Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On May 15, 2020 (85 FR 29377) the EPA proposed to finalize a
limited approval and limited disapproval and full approval of the
following rules into the California SIP.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                   Rule No.                                Rule title              Adopted date   Submitted date
----------------------------------------------------------------------------------------------------------------
20.1..........................................  New Source Review--General            06/26/2019      07/19/2019
                                                 Provisions.
20.2 *........................................  New Source Review--Non-Major          06/26/2019      07/19/2019
                                                 Stationary Sources.
20.3 *........................................  New Source Review--Major              06/26/2019      07/19/2019
                                                 Stationary Sources and PSD
                                                 Stationary Sources.
20.4 *........................................  New Source Review--Portable           06/26/2019      07/19/2019
                                                 Emission Units.
----------------------------------------------------------------------------------------------------------------
* The following subsections of the Rules 20.2-20.4 were not submitted to the EPA for inclusion in the San Diego
  SIP: Rule 20.2 Subsections (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); Rule 20.3 Subsections
  (d)(1)(vi), (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); and Rule 20.4 Subsections (b)(2), (b)(3),
  (d)(1)(iii), (d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5).

    The District submitted these rules to address deficiencies that the
EPA identified in a conditional approval of prior versions of Rules
20.1-20.4 at 83 FR 50007 (October 4, 2018). The 2018 action also
included a conditional approval of Rule 20.6 and a full approval of
Rules 11, 20, and 24. In our May 15, 2020 proposal, we proposed to
approve the submitted rules because we determined that they satisfy the
District's commitment to remedy the deficiencies identified in our
conditional approval of the Rules 20.1-20.4 and Rule 20.6, and
generally comply with most applicable CAA requirements. However, we
also determined that Rule 20.1(a) does not

satisfy the requirements related to 40 CFR 51.160(a) and (b) and CAA
section 173(a). The District revised Rule 20.1(a) to specify that the
rule applies to a permit application based on the requirements in the
rule as in effect on the date that the application is determined to be
complete. By specifying the rule's applicability based on the date of
application completeness, this language may limit the Air Pollution
Control Officer's ability to ensure a source will comply with
applicable NSR program requirements at the time the permit is issued.
This deficiency is the basis for the EPA's final limited approval and
limited disapproval of Rule 20.1. In order to correct this deficiency,
we recommend that SDAPCD remove or revise the language added in the
revised Rule 20.1(a).

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment, which is included in the
docket for this action. We do not consider this comment to be germane
or relevant to this action and therefore not adverse to this action.
Moreover, the comment lacks the required specificity to the proposed
SIP revision and the relevant CAA requirements, and does not address
any specific regulation or provision in question or recommend a
different action on the SIP submission from what EPA proposed.
Therefore, we are finalizing our action as proposed.

III. EPA Action

    No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) and 301(a) of the Act, the EPA is finalizing full
approval of Rules 20.2-20.4 and finalizing a limited approval and
limited disapproval of Rule 20.1. This action incorporates the
submitted rules into the California SIP, including those provisions
identified as deficient. Because the submitted rules address the
deficiencies identified in our October 4, 2018 conditional approval,
the EPA is removing from the SIP the conditional approval of Rules
20.1-20.4 and Rule 20.6 at 40 CFR 52.248(e).
    This approval is limited because EPA is simultaneously finalizing a
limited disapproval of the rule under section 110(k)(3). Our limited
disapproval action triggers an obligation for the EPA to promulgate a
Federal Implementation Plan (FIP) unless the State corrects the
deficiencies, and the EPA approves the related plan revisions, within
two years of this final action. Additionally, because the deficiency
relates to Nonattainment NSR requirements under part D of title I of
the Act, sanctions will be imposed unless the EPA approves subsequent
SIP revisions that correct the rule deficiencies within 18 months of
the effective date of this action. These sanctions will be imposed
under section 179 of the Act and 40 CFR 52.31. The EPA intends to work
with the SDAPCD to correct the deficiency in a timely manner.
    Note that Rule 20.1 has been adopted by the SDAPCD, and the EPA's
final limited disapproval does not prevent the local agency from
enforcing it. The limited disapproval would also not prevent any
portion of the rule from being incorporated by reference into the
federally enforceable SIP as discussed in a July 9, 1992 EPA memo found
at: https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
SDAPCD rules described in Table 1 of this preamble. The EPA has made,
and will continue to make, these materials available through
www.regulations.gov and at the EPA Region IX Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders
can be found at http://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action
because SIP approvals, including limited approvals, are exempted under
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects 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.

G. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.

I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.

K. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

M. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 16, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Administrative practice and procedure, Environmental protection,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.

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

    Dated: August 18, 2020
John Busterud,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA amends part 52,
Chapter I, Title 40 of the Code of Federal Regulations as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(508)(i)(A)(6),
(7), (8), (9) and (c)(539) to read as follows:

Sec.  52.220   Identification of plan-in part.

* * * * *
    (c) * * *
    (508) * * *
    (i) * * *
    (A) * * *
    (6) Previously approved on October 4, 2018 in paragraph
(c)(508)(i)(A)(1) of this section and now deleted with replacement in
(c)(539)(i)(A)(1), Rule 20.1, ``New Source Review--General
Provisions,'' revision adopted on April 27, 2016.
    (7) Previously approved on October 4, 2018 in paragraph
(c)(508)(i)(A)(2) of this section and now deleted with replacement in
(c)(539)(i)(A)(2), Rule 20.2, ``New Source Review--Non-Major Stationary
Sources'' (except paragraphs (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and
(d)(3)), revision adopted on April 27, 2016.
    (8) Previously approved on October 4, 2018 in paragraph
(c)(508)(i)(A)(3) of this section and now deleted with replacement in
(c)(539)(i)(A)(3), Rule 20.3, ``New Source Review--Major Stationary
Sources and PSD Stationary Sources'' (except paragraphs (d)(1)(vi),
(d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3)), revision adopted on
April 27, 2016.
    (9) Previously approved on October 4, 2018 in paragraph
(c)(508)(i)(A)(4) of this section and now deleted with replacement in
(c)(539)(i)(A)(4), Rule 20.4, ``New Source Review--Portable Emission
Units'' (except paragraphs (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B),
(d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5)), revision adopted on April
27, 2016.
* * * * *
    (539) The following regulations were submitted on July 19, 2019 by
the Governor's designee as an attachment to a letter dated July 18,
2019.
    (i) Incorporation by reference.
    (A) San Diego County Air Pollution Control District.
    (1) Rule 20.1 ``New Source Review--General Provisions,'' revision
adopted on June 26, 2019.
    (2) Rule 20.2 ``New Source Review--Non-Major Stationary Sources,''
(except paragraphs (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3)),
revision adopted on June 26, 2019.
    (3) Rule 20.3 ``New Source Review--Major Stationary Sources and PSD
Stationary Sources,'' (except paragraphs (d)(1)(vi), (d)(2)(i)(B),
(d)(2)(v), (d)(2)(vi)(B) and (d)(3)), revision adopted on June 26,
2019.
    (4) Rule 20.4 ``New Source Review--Portable Emission Units,''
(except paragraphs (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B),
(d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5)), revision adopted on June
26, 2019.
    (B) [Reserved]
    (ii) [Reserved]
* * * * *

Sec.  52.248  [Amended]

0
3. Section 52.248 is amended by removing and reserving paragraph (e).
[FR Doc. 2020-18425 Filed 9-15-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Notices]
[Pages 20731-20732]
[FR Doc No: 2011-9060]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

RINO International Corporation; Order of Suspension of Trading

April 11, 2011.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
RINO International Corporation, because the company has failed to
disclose that: (i) The outside law firm and forensic accountants hired
by the audit committee to investigate allegations of financial fraud at
the company resigned on or about March 31, 2011, after reporting the
results of their investigation to management and the board; (ii) the
chairman of its audit committee resigned on March 31, 2011; and (iii)
the company's remaining independent directors have also resigned.
Further, questions have arisen regarding, among other things: (i) The
size of the company's operations and number of employees; (ii) the
existence of certain material customer contracts; and (iii) the
existence of two separate and materially different sets of corporate
books and accounts. RINO is a Nevada corporation with its headquarters
and operations in the People's Republic of China, which trades on OTC
Link under the symbol ``RINO.''
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the above-listed
company is suspended for the period from 9:30 a.m. EDT, April 11, 2011,
through 11:59 p.m. EDT, on April 25, 2011.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-9060 Filed 4-11-11; 11:15 am]
BILLING CODE 8011-01-P


Agreement, as proposed to be adopted or amended, to permit the
Transaction, are consistent with Section 6(b) of the Act,\108\ in
general and 6(b)(5), in particular.
---------------------------------------------------------------------------

    \107\ 15 U.S.C. 78f(b)(5).
    \108\ 15 U.S.C. 78f(b).
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    The proposed CHX Holdings Certificate and Bylaws establish an
organizational structure for CHX Holdings, as the holding company for
CHX, which will assure that the Commission and CHX will continue to be
able to fully discharge their respective obligations to effectively
regulate the equity securities markets and CHX. Specifically, among
other key provisions, CHX Holdings and its directors, officers,
employees and agents, are subject to the exclusive jurisdiction of the
U.S. federal courts, the SEC and CHX; CHX Holdings is obligated to
comply with the federal securities laws and the rules and regulations
thereunder, as are its directors, officers and employees; prospective
owners would be required to adhere to the proposed Ownership and Voting
Limitations; and the books, records, premises, directors, employees and
agents of CHX Holdings are deemed to be those of CHX for purposes of
and subject to oversight pursuant to the Act. As such, these provisions
operate to assure that the Exchange's rules meet the statutory
requirements of Section 6(b)(5) of the Act to promote just and
equitable principles of trade and to protect investors and the public
interest.
    The proposed CHX Holding Certificate and Bylaws also establish
board composition and procedure requirements, which will facilitate the
ability of the CHX Holdings to ensure that the CHX Holdings Board is
optimally constituted with members that would give due regard to the
preservation of the independence of the SRO function of the Exchange.
To this end, the CHX Holdings Certificate and Bylaws have been updated
to be largely consistent with the board composition and procedure
requirements of NSX Holdings. Specifically, among other provisions, the
proposed CHX Holdings Board composition and procedure requirements
provide flexibility regarding the number of CHX Holdings Directors and
the removal of CHX Holdings Directors. The Exchange believes that the
proposed changes will also promote consistency among the various
governance documents of the holding companies of the national
securities exchanges and facilitate the ability of the Commission to
provide oversight regarding the upstream governance of national
securities exchanges. The Exchange also notes that CHX Holdings
stockholder-called special meeting provision will facilitate the
calling of special meetings of the stockholders, which would promote
stockholder communication and transparency. As such, these provisions
operate to assure that the Exchange's rules meet the statutory
requirements of Section 6(b)(5) of the Act to promote just and
equitable principles of trade and to protect investors and the public
interest.
    The proposed NA Casin Holdings Certificate and Bylaws establish an

organizational structure for NA Casin Holdings, as the direct holding
company for CHX Holdings, which will assure that the Commission and CHX
will continue to be able to fully discharge their respective
obligations to effectively regulate the equity securities markets and
CHX. Specifically, similar to the requirements under the CHX Holdings
Certificate and Bylaws, among other provisions, NA Casin Holdings and
its directors, officers, employees and agents, would be subject to the
exclusive jurisdiction of the U.S. federal courts, the SEC and CHX; NA
Casin Holdings is obligated to comply with the federal securities laws
and the rules and regulations thereunder, as are its directors,
officers and employees; prospective owners would be required to adhere
to the Ownership and Voting Limitations; and the books, records,
premises, directors, employees and agents of NA Casin Holdings are
deemed to be those of CHX for purposes of and subject to oversight
pursuant to the Act. Moreover, the harmonization between the NA Casin
Holdings Certificate and Bylaws and the CHX Holdings Certificate and
Bylaws are intended to align the CHX Holdings governance structure with
that of NA Casin Holdings and thus enhance governance efficiencies. As
such, these provisions operate to assure that the Exchange's rules meet
the statutory requirements of Section 6(b)(5) of the Act to promote
just and equitable principles of trade and to protect investors and the
public interest.
    The proposed CHX Certificate, Bylaws and Rules establish an
organization structure for CHX that will assure that CHX will continue
to be able to fully-discharge its obligations as an SRO pursuant to the
Exchange Act. Specifically, among other key provisions, the CHX board
composition and procedure requirements have been updated to be largely
consistent with the board composition and procedure requirements of
NSX; the CHX Regulatory Oversight Committee composition requirements
have been updated to be consistent with the NSX Regulatory Oversight
Committee composition requirements; and the rules governing the
composition of the various CHX board committees have been restated
under the proposed CHX Bylaws in a manner similar to the NSX By-Laws.
The Exchange believes that these amendments will promote consistency
among the various governance documents of the national securities
exchanges and facilitate the ability of the Commission to provide
oversight of the equity securities markets. The Exchange also notes
that the current provisions regarding the SRO function of CHX will
remain substantively unchanged and will remain in full force and effect
prior to, during and after the Closing. As such, these provisions
operate to assure that the Exchange's rules meet the statutory
requirements of Section 6(b)(5) of the Act to promote just and
equitable principles of trade and to protect investors and the public
interest.
    To the extent that the CHX Certificate and Bylaws differ from that
of NSX, the Exchange believes that those provisions are also consistent
with the objectives of Section 6(b)(5). Specifically, the Exchange
believes that the proposed requirement that at least 20% of the CHX
board be comprised of CHX Holdings Directors will promote governance
efficiencies between CHX Holdings and CHX that will operate to enhance
the governance and operation of the Exchange as an SRO. Also, the
Exchange believes that maintaining the role of Vice Chairman of the CHX
Board and the current CHX Board committee composition requirements
(except for the Regulatory Oversight Committee composition
requirements, as described above) will provide continuity in CHX
governance so as to facilitate the transition to the post-Closing
governance structure. Finally, the Exchange believes that the CHX
stockholder-called special meeting provision will facilitate the
calling of special meetings of the stockholders, which would promote
stockholder communication and transparency. As such, all of these
provisions operate to assure that the Exchange's rules meet the
statutory requirements of Section 6(b)(5) of the Act to promote just
and equitable principles of trade and to protect investors and the
public interest.
    In addition, the proposed NACH Stockholders' Agreement, Saliba Put
Agreement and Raptor Put Agreement include provisions that provide
reasonable financial protections to the Indirect Upstream Owners so as
to facilitate consummation of the Transaction without violating the
proposed Ownership and Voting Limitations. Specifically, while the
proposed NACH Stockholders' Agreement includes various transfer of
shares provisions, the agreement does not contain any provisions, such
as lock-up, drag-along or tag-along rights, that could result in the
Indirect Upstream Owners becoming Related Persons.109 110
Accordingly, the Exchange believes that these agreements would not by
themselves result in a violation of the proposed Ownership and Voting
Limitations and would, instead, facilitate the ability of the Indirect
Upstream Owners to provide additional capital to the Exchange so that
the Exchange's rules meet the statutory requirements of Section 6(b)(5)
of the Act to promote just and equitable principles of trade and to
protect investors and the public interest.
---------------------------------------------------------------------------

    \109\ See supra note 17.
    \110\ See supra note 22.
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    Moreover, the Exchange submits that the proposed call options under
the proposed CHX Holdings Certificate \111\ and NA Casin Holdings
Certificate \112\ will serve as an enforcement and deterrence mechanism
to ensure compliance with the proposed Ownership and Voting Limitations
by the Upstream Owners and any future owners. Thus, the Exchange
submits that the call options are consistent with Section 6(b)(5) in
that the call options further the protection of investors and the
public interest by ensuring diversity in the ownership of the Exchange,
which is key to protecting the Exchange's independence and its ability
to meet its obligations pursuant to the Exchange Act.
---------------------------------------------------------------------------

    \111\ See Section (e) of Article FOURTH of the proposed CHX
Holdings Certificate.
    \112\ See Section (14) of Article IX of the proposed NA Casin
Holdings Certificate.
---------------------------------------------------------------------------

    Further, the proposed rule change is designed to effectuate changes
to the CHX Holdings' ownership necessary to close the Transaction and
provide for an efficient transition into a new organizational structure
as soon as practicable after approval by the Commission of the proposed
rule change. To this extent, the Exchange submits that the rule changes
are consistent with Section 6(b)(5) in that they are designed to remove
impediments to and perfect the mechanism of a free and open market and
national market system.
    The Exchange believes that the Transaction and the proposed rule
change promote the protection of investors and the public interest. The
Exchange submits that its proposal and the proposed ownership structure
are consistent with the public interest in promoting efficient markets,
reducing administrative burdens on exchanges, and providing flexibility
where appropriate to the effective discharge of SRO responsibilities.
The amendments are intended to provide market participants, investors,
and the public with a clear and transparent description of the proposed
changes to the CHX Holdings' ownership and governance structure as
reflected in governing corporate documents. The Exchange

also believes that the Closing will operate to enhance competition
among the equity securities markets and provide new trading and capital
formation opportunities for market participants and the investing
public. As such, the Transaction and the proposed rule change will
assure that the Exchange meets its statutory requirements of Section
6(b)(5) of the Act to promote just and equitable principles of trade
and to protect investors and the public interest.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The rule change is being
proposed in connection with the Transaction that will, upon completion,
change the ownership structure of CHX Holdings. The Exchange believes
that the Transaction will result in substantial capital investment into
the Exchange, which will better enable the Exchange to compete within
the highly competitive U.S. securities market and better enable the
Exchange to further the objectives of the Act. As such, the Exchange
believes that there is 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

    No written comments were solicited or received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    A. By order approve or disapprove the proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CHX-2016-20 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-CHX-2016-20. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CHX-2016-20 and should be
submitted on or before January 3, 2017.
---------------------------------------------------------------------------

    \113\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\113\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-29646 Filed 12-9-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Rules and Regulations]
[Pages 29065-29066]
[FR Doc No: 2019-13207]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0388]
RIN 1625-AA09

Drawbridge Operation Regulation; Atlantic Intracoastal Waterway
(Halifax River), Daytona Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the Memorial Bridge (Veteran's Memorial/Orange Ave/CR
4050) across the Atlantic Intracoastal Waterway (Halifax River), mile
830.6, at Daytona Beach, FL. The drawbridge was removed in 2018 and is
being replaced with a fixed bridge. The operating regulation is no
longer applicable or necessary.

DATES: This rule is effective June 21, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0388. In the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Jennifer Zercher, Bridge Administration Branch,
United States Coast Guard District Seven; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FL Florida
FR Federal Register
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because Veteran's Memorial Bridge, that once
required draw operations in 33 CFR 117.261(g), was removed from the
Atlantic Intracoastal Waterway (Halifax River) in 2018 and is being
replaced with a fixed bridge. Therefore, the regulation is no longer
applicable and shall be removed from publication. It is unnecessary to
publish an NPRM because this regulatory action does not purport to
place any restrictions on mariners but rather removes a restriction
that has no further use or value.
    We are issuing this rule under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective in less
than 30 days after publication in the Federal Register. The bridge has
been removed from the waterway for one year and this rule merely
requires an administrative change to the Federal Register, in order to
omit a regulatory requirement that is no longer applicable or
necessary. The modification has already taken place and the removal of
the regulation will not affect mariners currently operating on this
waterway. Therefore, a delayed effective date is unnecessary.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Veteran's Memorial Bridge was removed in 2018 and is being
replaced with a fixed bridge in 2019. The elimination of this
drawbridge necessitates the removal of the drawbridge operation
regulation, 33 CFR 117.261(g), pertaining to the former drawbridge.

IV. Discussion of Final Rule

    The Coast Guard is changing regulation in 33 CFR 117.261 by
removing restrictions and the regulatory burden related to draw
operations for a bridge that is no longer a drawbridge. The change
removes Sec.  117.261(g) of the regulation governing the Veteran's
Memorial Bridge, since the bridge has been removed from the waterway
and is being replaced with a fixed bridge. This Final Rule seeks to
update the Code of Federal Regulations by removing language that
governs the operation of the Veteran's Memorial Bridge, which is no
longer a drawbridge. This change does not affect waterway or land
traffic. This change does not affect nor does it alter the operating
schedules in 33 CFR 117.261 governing the remaining active drawbridges
on the Atlantic Intracoastal Waterway from St. Marys River to Key
Largo.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact the
bridge was removed from the waterway and the replacement structure will
be a fixed bridge. The removal of the operating schedule from 33 CFR
117 subpart B will have no effect on the movement of waterway or land
traffic.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    For the reasons stated in section IV.A above this final rule would
not have a significant economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions which do
not individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction.
    A Record of Environmental Consideration and a Memorandum for the
Record are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

Sec.  117.261  [Amended]

0
2. Amend Sec.  117.261 by removing and reserving paragraph (g).

    Dated: June 11, 2019.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2019-13207 Filed 6-20-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69013-69015]
[FR Doc No: 2023-22080]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0026; Project Identifier MCAI-2022-01210-T;
Amendment 39-22443; AD 2023-10-07]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A319-151N, -153N and -171N airplanes; Model
A320-251N, -252N, -253N, -271N, -272N, and -273N airplanes; and Model
A321-251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX,
and -272NX airplanes. This AD was prompted by a safety review of the
airplane fuel system, which identified that the electrical harness
routing of the engine low pressure shut off valve (LPSOV) is not
adequately protected against uncontained engine rotor failure (UERF).
This AD requires modification of the LPSOV electrical harness routing
on either the left-hand engine or the right-hand engine, as specified
in a European Union Aviation Safety Agency (EASA) AD, which is
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective November 9, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 9,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0026; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For EASA material incorporated by reference in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-0026.

FOR FURTHER INFORMATION CONTACT: Erik Bedillion, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone<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 certain Airbus SAS
Model A319-151N, -153N and -171N airplanes; Model A320-251N, -252N, -
253N, -271N, -272N, and -273N airplanes; and Model A321-251N, -252N, -
253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX, and -272NX
airplanes. The NPRM published in the Federal Register on January 30,
2023 (88 FR 5817). The NPRM was prompted by AD 2022-0185, dated
September 5, 2022, issued by EASA, which is the Technical Agent for the
Member States of the European Union (EASA AD 2022-0185) (also referred
to as the MCAI). The MCAI states during a safety review of the airplane
fuel system, it was identified that the electrical harness routing of
the engine LPSOV is not adequately protected against UERF.
    In the NPRM, the FAA proposed to require modification of the LPSOV
electrical harness routing on either the left-hand engine or the right-
hand engine, as specified in EASA AD 2022-0185. The FAA is issuing this
AD to address inadequate protection of the LPSOV against UERF. The
unsafe condition, if not addressed, could result in loss of engine fuel
isolation capability in case of UERF, possibly resulting in an
uncontrolled fire.

    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0026.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0185 specifies procedures for modification of the
LPSOV electrical harness routing on either the left-hand engine (for
airplanes with LEAP-1A series engines installed) or the right-hand
engine (for airplanes with PW1100 series engines installed).
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 323 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 13 work-hours x $85 per hour =   Up to $2,800...........  Up to $3,905...........  Up to $1,261,315.
 $1,105.
----------------------------------------------------------------------------------------------------------------

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

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-10-07 Airbus SAS: Amendment 39-22443; Docket No. FAA-2023-0026;
Project Identifier MCAI-2022-01210-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 9, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in
paragraphs (c)(1) through (3) of this AD, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2022-0185, dated September 5, 2022 (EASA AD 2022-0185).
    (1) Model A319-151N, -153N and -171N airplanes.
    (2) Model A320-251N, -252N, -253N, -271N, -272N, and -273N
airplanes.
    (3) Model A321-251N, -252N, -253N, -271N, -272N, -251NX, -252NX,
-253NX, -271NX, and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by a safety review of the airplane fuel
system, which identified that the electrical harness routing of the
engine low pressure shut off valve (LPSOV) is not adequately
protected against uncontained engine rotor failure (UERF). The FAA
is issuing this AD to address inadequate protection of the LPSOV
against UERF. The unsafe condition, if not addressed, could result
in loss of engine fuel isolation capability in case of UERF,
possibly resulting in an uncontrolled fire

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2022-0185.

(h) Exceptions to EASA AD 2022-0185

    (1) Where EASA AD 2022-0185 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0185.
    (3) Where EASA AD 2022-0185 specifies to modify ``in accordance
with the instructions of the SB, or contact Airbus for approved
instructions whenever necessary,'' this AD requires obtaining
instructions before further flight using the procedures specified in
paragraph (i)(2) of this AD if any actions cannot be done in
accordance with the instructions of the SB.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(j) Additional Information

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

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0185,
dated September 5, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0185, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 27, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-22080 Filed 10-4-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Notices]
[Pages 3409-3410]
[FR Doc No: 2016-01152]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9941-00-OW]

National Coastal Condition Assessment 2010

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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

SUMMARY: This notice announces the availability of the final National
Coastal Condition Assessment (NCCA) 2010. The NCCA describes the
results of a nationwide coastal probabilistic survey that was conducted
in the summer of 2010 by the Environmental Protection Agency (EPA) and
its state, tribal, and federal partners. Results include estimates of
coastal area with good, fair, and poor biological quality, water
quality, sediment quality, and ecological fish tissue quality. Results
are presented nationally and regionally for the Northeast, Southeast,
Gulf of Mexico, West, and Great Lakes coasts. The NCCA 2010 also
includes information on how the survey was implemented, and future
actions and challenges.

FOR FURTHER INFORMATION CONTACT: Hugh Sullivan, Office of Wetlands,
Oceans and Watersheds, Office of Water, Washington DC Phone: 202-564-
1763; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

    To better answer questions about the condition of waters across the
country, EPA and its state and tribal partners have embarked on a
series of surveys under the National Aquatic Resource Surveys (NARS)
program. The NCCA 2010 is the most recent in this series of surveys.
The key goals of the NCCA 2010 are to describe the ecological condition
of the nation's coastal and Great Lakes nearshore waters, how those
conditions are changing, and the key stressors affecting those waters.
An important component of the NCCA is collaboration with state, tribal,
and

federal partners in developing new monitoring tools and analytical
approaches and in advancing the science of coastal monitoring. The
survey uses a statistical design to sample 1,104 randomly-selected
sites that represent the condition of the larger population of coastal
waters in the conterminous United States. This is the first time the
nearshore waters of the Great Lakes have been included in a national
statistically-based survey.
    The report finds that more than half of the nation's coastal and
Great Lakes nearshore waters are rated in good condition for biological
and sediment quality, while about one third are rated in good condition
for water quality and less than one percent are rated in good condition
based on the potential harm that fish tissue contaminants pose to
predator fish, birds, and wildlife. Excessive phosphorus is the
greatest contributor to the poor water quality rating. Selenium is the
greatest contributor to the poor rating for potential harm to predator
fish, birds and wildlife from fish tissue contaminants. The draft
report has undergone peer, state and EPA review.

A. How can I get copies of the NCCA 2010 and other related information?

    You may access the NCCA 2010 from EPA's Web site at http://www.epa.gov/national-aquatic-resource-surveys/ncca.

    Dated: January 13, 2016.
Joel Beauvais,
Deputy Assistant Administrator, Office of Water.
[FR Doc. 2016-01152 Filed 1-20-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Notices]
[Page 53743]
[FR Doc No: 2022-18945]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[P-14803-001]

Klamath River Renewal Corporation; PacifiCorp; Notice of
Availability of the Final Environmental Impact Statement for the
Surrender, Decommissioning, and Removal of the Lower Klamath
Hydroelectric Project

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the application for surrender of license and removal of
project works for the Lower Klamath Hydroelectric Project No. 14803 and
has prepared a final environmental impact statement (EIS).\1\ The
project is located on the Klamath River in Klamath County, Oregon, and
in Siskiyou County, California. The project occupies approximately 400
acres of federal lands. These federal lands are administered by the
U.S. Department of the Interior, Bureau of Land Management (BLM).
---------------------------------------------------------------------------

    \1\ On April 20, 2022, the Council on Environmental Quality
(CEQ) issued a final rule, National Environmental Policy Act
Implementing Regulations Revisions (Final Rule, 87 FR 23453), which
was effective as of May 20, 2022. Accordingly, Commission staff
prepared this EIS in accordance with CEQ's new regulations.
---------------------------------------------------------------------------

    The final EIS contains staff evaluations of the applicant's
proposal and the alternatives for surrender of the Lower Klamath
Project. The final EIS documents the views of governmental agencies,
non-governmental organizations, affected Indian Tribes, the public, the
applicants, and Commission staff.
    In this notice, we acknowledge the number of pages in this final
EIS exceeds the final EIS page limits set forth in CEQ's Final Rule for
proposals of unusual scope or complexity. Noting the scope and
complexity of this proposal, the Director of the Office of Energy
Projects, as our senior agency official, has authorized this page limit
exceedance for the final EIS.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons with
an opportunity to view and/or print the final EIS via the internet
through the Commission's Home Page (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. At this
time, the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), in a Presidential
proclamation issued on March 13, 2020. For assistance, contact FERC
Online Support at [email protected], or toll-free at (866)
208-3676, or for TTY,<PHONE_NUMBER>.
    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to https://www.ferc.gov/ferc-online/overview to
register for eSubscription.

    Dated: August 26, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-18945 Filed 8-31-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Notices]
[Pages 43085-43086]
[FR Doc No: 2017-19343]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for modification of special permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein. Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.

DATES: Comments must be received on or before September 28, 2017.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration U.S. Department of Transportation Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on August 31, 2017.
Donald Burger,
Chief, Office of the Special Permits and Approvals.

                                              Special Permits Data
----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the
         Application No.             Docket No.         Applicant          Regulation(s)       special permits
                                                                              affected             thereof
----------------------------------------------------------------------------------------------------------------
14768-M..........................  ..............  Tobin & Sons Moving  173.196(a),          To modify the
                                                    & Storage, Inc.      173.196(b),          special permit to
                                                                         173.199.             adjust the
                                                                                allowable
                                                                                temperature range
                                                                                and other
                                                                                editorial
                                                                                corrections. (Mode
                                                                                1).
14933-M..........................  ..............  Tobin & Sons Moving  173.196(a),          To modify the
                                                    & Storage, Inc.      173.196(b),          permit to
                                                                         173.199, 178.609.    authorize a change
                                                                                in the operating
                                                                                temperature range.
                                                                                (Mode 1).
14951-M..........................  ..............  Hexagon Lincoln,     173.301(f),          To authorize the
                                                    Inc.                 173.302(a).          manufacture, mark,
                                                                                sell and use of a
                                                                                12,000-liter
                                                                                cylinder. (Modes
                                                                                1,2,3).
16232-M..........................  ..............  Linde Gas North      171.23(a),           To modify the
                                                    America LLC.         171.23(a)(2)(ii),    special permit to
                                                                         171.23(a)(3),        authorize
                                                                         173.301(f)(3),       additional
                                                                         173.301(g).          cylinders for the
                                                                                transportation in
                                                                                commerce of Xenon/
                                                                                Krypton. (Modes
                                                                                1,2,3).

20232-M..........................  ..............  Leidos Biomedical    173.196,             To modify the
                                                    Research, Inc.       178.503(f),          special permit to
                                                                         178.609.             authorize an
                                                                                additional
                                                                                Division 6.1
                                                                                material. (Mode
                                                                                1).
20352-M..........................  ..............  Schlumberger         173.201(c),          To modify the
                                                    Technology Corp.     173.202(c),          special permit to
                                                                         173.203(c),          authorize cargo
                                                                         173.301(f),          only aircraft
                                                                         173.302(a),          transportation and
                                                                         173.304(a),          to include
                                                                         173.304(d).          additional testing
                                                                                requirements.
                                                                                (Modes 1,2,3,4).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-19343 Filed 9-12-17; 8:45 am]
 BILLING CODE 4909-60-P