[Federal Register Volume 76, Number 118 (Monday, June 20, 2011)]
[Notices]
[Pages 35928-35930]
[FR Doc No: 2011-15280]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64673; File No. SR-C2-2011-013]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Sales Value Fee

June 15, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\
notice is hereby given that on June 3, 2011, C2 Options Exchange,
Incorporated (``C2'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'' or ``SEC'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by C2. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    C2 Options Exchange, Incorporated (``C2'' or ``Exchange'') proposes
to make clarifying changes to its Fees Schedule concerning the
application and collection of the Sales Value Fee. The text of the
proposed rule change is available on the Exchange's Web site (http://www.cboe.org/legal), at the Exchange's Office of the Secretary and at
the Commission.

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

    In its filing with the Commission, C2 included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. C2 has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange is proposing amendments to its Fees Schedule to make
clear the circumstances that trigger application of the Sales Value
Fee, and to make other clarifying changes. Section 6 of the C2 Fees
Schedule permits the Exchange to collect a fee from its Trading Permit
Holders for sales of securities on C2 with respect to which the
Exchange is obligated to pay a fee to the SEC pursuant to Section 31 of
the Act \3\ and Rule 31, thereunder.\4\ Each national securities
exchange and association is required to calculate the aggregate dollar
amount of ``covered sales'' occurring on the exchange or through a
member of

the national securities association and to pay fees based on those
covered sales to the Commission (``Section 31 fees''). A covered sale
is a ``sale of a security, other than an exempt sale or a sale of a
security future, occurring on a national securities exchange or by or
through any member of a national securities association otherwise than
on a national securities exchange.'' \5\ Pursuant to Section 6 of the
Fees Schedule, the Exchange assesses a Trading Permit Holder the Sales
Value Fee for an executed sell order entered on C2 that results in a
covered sale. The Sales Value Fee defrays the cost of the Section 31
fee triggered by the covered sale. In this regard, the Sales Value Fee
assessed a Trading Permit Holder is equal to the Section 31 fee
assessed by the Commission for the covered sale. Further, the Exchange
adjusts the Sales Value Fee in lock step with changes to the Section 31
fee made by the Commission. Assessing a sales fee is common practice
among the national securities exchanges and associations.\6\
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    \3\ 15 U.S.C. 78ee.
    \4\ 17 CFR 240.31.
    \5\ 17 CFR 240.31(a)(6).
    \6\ See, e.g., ISE Rule 212, NASDAQ Rule 7002, NASDAQ OMX PHLX
Rule 607 and NYSE Rule 440H.
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    As noted above, the Sales Value Fee defrays the cost of the Section
31 fee. The Sales Value Fee is triggered by the fulfillment of a
Trading Permit Holder's sell order in options securities entered on C2
that results in a covered sale. If the Trading Permit Holder's sell
order is fulfilled on C2, the Exchange incurs a Section 31 fee
obligation. Sell orders in securities entered on C2 that are routed to
another market for execution, however, do not result in a covered sale
on C2. Execution of such routed orders is facilitated by C2's routing
broker,\7\ which acts as the selling Trading Permit Holder for a routed
order on the away market on behalf of the C2 Trading Permit Holder that
entered the sell order. Such routed sell orders result in a covered
sale on the away market, which incurs a Section 31 fee obligation. Like
the Exchange, the away market assesses a sales fee on the Trading
Permit Holder that entered the sell order, in this case the C2 routing
broker, to defray the cost of the Section 31 fee obligation. The
Exchange may reimburse its routing broker for all Section 31-related
fees (e.g., away market sales fees) incurred by the routing broker in
connection with the routing services it provides. In turn, the Exchange
assesses its Trading Permit Holder, the original selling party, a Sales
Value Fee pursuant to Section 6 of the Fees Schedule to defray the cost
of the Section 31 fee passed on by the away exchange pursuant to its
sales fee. As such, the Exchange's Sales Value Fee offsets the sales
fee its routing broker is assessed by the away market (which the
routing broker then passes to C2), the result of which is to place the
parties involved in the transaction in the same position as if the
covered sale had occurred on C2.
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    \7\ C2 routes orders to other exchanges in conjunction with one
or more routing brokers pursuant to C2 Rule 636.
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    In light of the varying means by which a Sales Value Fee is
incurred by Trading Permit Holders, as described above, the Exchange
believes that a more detailed description of the circumstances that
trigger the Sales Value Fee is warranted. Accordingly, the new Fees
Schedule language proposed by the Exchange expressly discusses covered
sales in option securities. In addition, the proposed new Fees Schedule
language includes a description of sell orders entered on C2 that
result in a covered sale on another exchange, expressly discussing the
fee incurred by the Exchange and the application of the Sales Value Fee
in that circumstance.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Securities Exchange Act of 1934 (``Act''),\8\ in
general, and furthers the objectives of Section 6(b)(4) \9\ of the Act
in particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among C2 Trading
Permit Holders and other persons using its facilities and it does not
unfairly discriminate between customers, issuers, brokers or dealers.
The proposed clarifying language does not change the application and
assessment of the Sales Value Fee under the Fees Schedule, but rather
provides greater detail on the transactions that trigger the fee and
the process by which the fee is collected. The Exchange applies Section
6 of its Fees Schedule uniformly to all Trading Permit Holders' sell
orders entered on C2 resulting in covered sales. The Exchange also
believes the proposed rule change is consistent with the provisions of
Section 6 of the Act,\10\ in general and with Section 6(b)(5) of the
Act,\11\ in particular, which requires that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices,
promote just and equitable principles of trade, foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general,
protect investors and the public interest. The Exchange believes that
the proposed rule change is consistent with these requirements because
the proposed amended Fees Schedule text provides Trading Permit Holders
with more detail regarding the circumstances under which the Exchange
assesses a Sales Value Fee, and the process by which the fee is
collected. As such, the proposed changes will help avoid Trading Permit
Holder confusion and foster better understanding of the application of
the fee. Accordingly, the Exchange believes the proposed rule change
will promote just and equitable principles of trade, remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and protect investors and the public interest.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    C2 does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of 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 with respect to the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \12\ and subparagraph (f)(2) of Rule 19b-4 \13\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
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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-C2-2011-013 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-C2-2011-013. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web 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
a.m. and 3 p.m. 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 No. SR-C2-2011-013 and should be
submitted on or before July 11, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-15280 Filed 6-17-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Notices]
[Pages 46949-46950]
[FR Doc No: 2022-16414]

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

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC22-95-000.
    Applicants: Cambria Wind, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of Cambria Wind, LLC.
    Filed Date: 7/22/22.
    Accession Number: 20220722-5177.
    Comment Date: 5 p.m. ET 8/12/22.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG22-188-000.
    Applicants: KCE NY 6, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of KCE NY 6, LLC.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5039.
    Comment Date: 5 p.m. ET 8/16/22.

    Docket Numbers: EG22-189-000.
    Applicants: KCE TX 13, LLC.
    Description: KCE TX 13, LLC submits Notice of Self-Certification of
Exempt Wholesale Generator Status.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5043.
    Comment Date: 5 p.m. ET 8/16/22.

    Docket Numbers: EG22-190-000.
    Applicants: KCE TX 19, LLC.
    Description: KCE TX 19, LLC submits Notice of Self-Certification of
Exempt Wholesale Generator Status.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5073.
    Comment Date: 5 p.m. ET 8/16/22.

    Docket Numbers: EG22-191-000.
    Applicants: KCE TX 21, LLC.
    Description: EG or FC of KCE TX 21, LLC submits Self-Certification
of Exempt Wholesale Generator Status.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5078.
    Comment Date: 5 p.m. ET 8/16/22.

    Take notice that the Commission received the following Complaints
and Compliance filings in EL Dockets:

    Docket Numbers: EL22-79-000; QF20-1379-001.
    Applicants: Hollow Road Solar, LLC, Hollow Road Solar, LLC.
    Description: Petition for Enforcement Pursuant to Section 210(h) of
the Public Utility Regulatory Policies Act of 1978 of Hollow Road
Solar, LLC.
    Filed Date: 7/25/22.
    Accession Number: 20220725-5167.
    Comment Date: 5 p.m. ET 8/15/22.

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

    Docket Numbers: ER11-3336-002.
    Applicants: Command Power Corp.
    Description: Notice of Non-Material Change in Status of Command
Power Corp.
    Filed Date: 7/25/22.
    Accession Number: 20220725-5153.
    Comment Date: 5 p.m. ET 8/15/22.

    Docket Numbers: ER22-2300-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits Notice of
Cancellation of Transmission Service Agreement No. 17 for Non-Firm
Point-to-Point Transmission Service entered into by and between PJM and
Carolina Power & Light Company.
    Filed Date: 7/1/22.
    Accession Number: 20220701-5474.
    Comment Date: 5 p.m. ET 8/1/22.

    Docket Numbers: ER22-2316-000.
    Applicants: BP Energy Company.
    Description: Motion for Leave to File Report Out of Time and a
Report of bp Energy Company.
    Filed Date: 7/6/22.
    Accession Number: 20220706-5162.
    Comment Date: 5 p.m. ET 8/16/22.

    Docket Numbers: ER22-2483-000.
    Applicants: Alta Farms Wind Project II, LLC.
    Description: Baseline eTariff Filing: Alta Farms Wind Project II,
LLC MBR Tariff to be effective 9/23/2022.
    Filed Date: 7/25/22.
    Accession Number: 20220725-5140.
    Comment Date: 5 p.m. ET 8/15/22.

    Docket Numbers: ER22-2484-000.
    Applicants: New York State Electric & Gas Corporation.
    Description: Sec.  205(d) Rate Filing: Engineering and Procurement
Agreement with Lake Mariner Data LLC to be effective 3/24/2022.
    Filed Date: 7/25/22.
    Accession Number: 20220725-5143.
    Comment Date: 5 p.m. ET 8/15/22.

    Docket Numbers: ER22-2485-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2022-07-26_SA 3239 MEC-
Wisconsin Power and Light 2nd Rev GIA (J534) to be effective 7/15/2022.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5011.
    Comment Date: 5 p.m. ET 8/16/22.

    Docket Numbers: ER22-2486-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2022-
07-26_SA 2685 Ameren-SIPC_Irvington Dix Proj Spec 3 to be effective 9/
24/2022.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5015.
    Comment Date: 5 p.m. ET 8/16/22.

    Docket Numbers: ER22-2487-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3127R6 Montana-Dakota
Utilities Co. NITSA NOA to be effective 7/1/2022.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5024.
    Comment Date: 5 p.m. ET 8/16/22.

    Docket Numbers: ER22-2488-000.
    Applicants: Arizona Public Service Company.
    Description: Petition for Waiver of Arizona Public Service Company.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5049.

    Comment Date: 5 p.m. ET 8/16/22.

    Docket Numbers: ER22-2489-000.
    Applicants: Tucson Electric Power Company.
    Description: Sec.  205(d) Rate Filing: TEP, PNM & PDE LGIA to be
effective 6/29/2022.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5058.
    Comment Date: 5 p.m. ET 8/16/22.

    Docket Numbers: ER22-2490-000.
    Applicants: Dominion Energy South Carolina, Inc.
    Description: Sec.  205(d) Rate Filing: Carolina Reserve Sharing
Group Operating Manual to be effective 10/1/2022.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5077.
    Comment Date: 5 p.m. ET 8/16/22.

    Docket Numbers: ER22-2491-000.
    Applicants: Database returns error. There is a problem with archive
data and system. Contact Administrator.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2022-
07-26_SA 3874 Wolverine Power-Grand Haven MIFA to be effective 7/30/
2022.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5088.
    Comment Date: 5 p.m. ET 8/16/22.

    Docket Numbers: ER22-2492-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: PRPA--BHCE JDA update to be
effective 8/1/2022.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5092.
    Comment Date: 5 p.m. ET 8/16/22.

    Docket Numbers: ER22-2493-000.
    Applicants: Northern States Power Company, a Minnesota corporation.
    Description: Sec.  205(d) Rate Filing: 2022-07-26 ITCLLC-CIAC-
Lakefield Jct-Nobles 713 to be effective 7/27/2022.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5098.
    Comment Date: 5 p.m. ET 8/16/22.

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

    Dated: July 26, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-16414 Filed 7-29-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Proposed Rules]
[Pages 44316-44319]
[FR Doc No: 2021-16902]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0655; Project Identifier MCAI-2020-01497-E]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
(Type Certificate Previously Held by Rolls-Royce plc) Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Rolls-Royce Deutschland Ltd. & Co KG (RRD) Trent 7000-72 and
Trent 7000-72C model turbofan engines. This proposed AD was prompted by
the manufacturer revising the engine Time Limits Manual (TLM) life
limits of certain critical rotating parts and updating certain
maintenance tasks. The proposed AD would require the operator to revise
the airworthiness limitation section (ALS) of their approved
maintenance program (AMP) by incorporating the revised tasks of the
applicable TLM for each affected model turbofan engine, as specified in
a European Union Aviation Safety Agency (EASA) AD, which is proposed
for incorporation by reference (IBR). The FAA is proposing this AD to
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September
27, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that is proposed for IBR in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email<EMAIL_ADDRESS>website: https://www.easa.europa.eu.
You may find this material on the EASA website at https://ad.easa.europa.eu. For RRD service information identified in this NPRM,
contact Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby,
DE24 8BJ, United Kingdom; phone: +44 (0)1332 242424 fax: +44 (0)1332
249936; website: https://www.rolls-royce.com/contact-us.aspx. You may
view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803.
For information on the availability of this material at the FAA, call
(781) 238-7759. The EASA material is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0655.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0655; or in person at
Docket Operations between 9 a.m. and 5 p.m.,

Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the EASA AD, any comments received, and other information.
The street address for Docket Operations is listed above.

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

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0655; Project Identifier
MCAI-2020-01497-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Kevin
M. Clark, Aviation Safety Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803. Any commentary that the FAA receives that
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0244, dated November 5, 2020
(EASA AD 2020-0244), to correct an unsafe condition on RRD Trent 7000-
72 and Trent 7000-72C model turbofan engines.
    This proposed AD was prompted by the manufacturer revising the
engine TLM life limits of certain critical rotating parts and updating
certain maintenance tasks. The FAA is proposing this AD to prevent the
failure of critical rotating parts.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2020-0244. EASA AD 2020-0244 specifies
revising the approved AMP by incorporating the limitations, tasks, and
associated thresholds and intervals described in the TLM. 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 ADDRESSES.

Other Related Service Information

    The FAA reviewed Chapter 05-10 of Rolls-Royce (RR) Trent 7000 TLM
T-T7000-1RR, dated July 10, 2020. RR Trent 7000 TLM T-T7000-1RR,
Chapter 05-10, identifies the reduced life limits of certain critical
rotating parts.
    The FAA also reviewed Chapter 05-20 of RR Trent 7000 TLM T-T7000-
1RR, dated July 10, 2020. RR Trent 7000 TLM T-T7000-1RR, Chapter 05-20,
identifies the critical rotating part inspection thresholds and
intervals.

FAA's Determination

    These engines have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the State of Design
Authority, the FAA has been notified about the unsafe condition
described in the EASA AD referenced in this proposed AD. The FAA is
issuing this NPRM after determining that the unsafe condition described
previously is likely to exist or develop on other products of the same
type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0244, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed AD and the EASA AD.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0244
will be incorporated by reference in the FAA final rule. This proposed
AD would require compliance with EASA AD 2020-0244 in its entirety,
through that incorporation, except for any differences identified as
exceptions in the regulatory text of this proposed AD. Using common
terms that are the same as the heading of a particular section in EASA
AD 2020-0244 does not mean that operators need comply only with that
section. For example, where the AD requirement refers to ``all required
actions and compliance times,'' compliance with this AD requirement is
not limited to the section titled ``Required Action(s) and Compliance
Time(s)'' in EASA AD 2020-0244. Service information specified in EASA
AD 2020-0244 that is required for compliance with it will be available
at https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0655 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    This AD does not mandate the ``Maintenance Tasks and Replacement of
Critical Parts'' and ``Corrective Action(s)'' sections of EASA AD 2020-
0244. Where EASA AD 2020-0244 requires compliance from its effective
date, this AD requires using the effective date of this AD. Where EASA
AD 2020-0244 requires revising the AMP within 12 months from its
effective date, this AD requires revising the AMP within 90 days after
the effective date of this AD. This AD does not mandate compliance with
the ``Remarks'' section of EASA AD 2020-0244.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 10 engines installed on airplanes of U.S. Registry.

    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revise the ALS........................  1 work-hour x $85 per                 $0             $85            $850
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Rolls-Royce Deutschland Ltd & Co KG (Type Certificate previously
held by Rolls-Royce plc): Docket No. FAA-2021-0655; Project
Identifier MCAI-2020-01497-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by September 27, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd. & Co KG (RRD)
(Type Certificate previously held by Rolls-Royce plc) Trent 7000-72
and Trent 7000-72C model turbofan engines.

(d) Subject

    Joint Aircraft Service Component (JASC) Code 7200, Engine
(Turbine/Turboprop).

(e) Unsafe Condition

    This AD was prompted by the manufacturer revising the engine
Time Limits Manual (TLM) life limits of certain critical rotating
parts and updating certain maintenance tasks. The FAA is issuing
this AD prevent the failure of critical rotating parts. The unsafe
condition, if not addressed, could result in failure of one or more
engines, loss of thrust control, and loss of the airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraph (h) of this AD: Perform all
required actions within the compliance times specified in, and in
accordance with, European Union Aviation Safety Agency AD 2020-0244,
dated November 5, 2020 (EASA AD 2020-0244).

(h) Exceptions to EASA AD 2020-0244

    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0244 are not required by this AD.
    (2) Where EASA AD 2020-0244 requires compliance from its
effective date, this AD requires using the effective date of this
AD.
    (3) Paragraph (3) of EASA AD 2020-0244 specifies revising the
approved AMP within 12 months after its effective date, but this AD
requires revising the approved AMP within 90 days after the
effective date of this AD.
    (4) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2020-0244.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ECO Branch, send it to the attention of the person identified in
paragraph (j)(2) of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    (1) For more information about EASA AD 2020-0244, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email<EMAIL_ADDRESS>You may find this material on the
EASA website at https://ad.easa.europa.eu. You may view this
material at the FAA, Airworthiness Products Section, Operational
Safety Branch, 1200 District Avenue, Burlington, MA 01803. For
information on the availability of this material at the FAA, call
(781) 238-7759. This material may be found in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0655.
    (2) For more information about this AD, contact Kevin M. Clark,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (3) For RRD service information identified in this AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, DE24
8BJ, United Kingdom; phone: +44 (0)1332 242424 fax: +44 (0)1332
249936; website: https://www.rolls-royce.com/contact-us.aspx. You
may view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District Avenue, Burlington, MA
01803. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

    Issued on August 3, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-16902 Filed 8-11-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)]
[Notices]
[Page 47397]
[FR Doc No: 2018-20395]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Report of
Inspections Required by Airworthiness Directives

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. Airworthiness Directives are regulations issued to require
corrective action to resolve an unsafe condition in aircraft, engines,
propellers, and appliances. Reports of inspections are often needed
when emergency corrective action is taken to determine if the action
was adequate to correct the unsafe condition. The respondents are
aircraft owners and operators.

DATES: Written comments should be submitted by November 19, 2018.

ADDRESSES: Send comments to the FAA at the following address: Barbara
Hall, Federal Aviation Administration, ASP-110, 10101 Hillwood Parkway,
Fort Worth, TX 76177.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Barbara Hall by email at:
[email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0056.
    Title: Report of Inspections Required by Airworthiness Directives.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an information collection.
    Background: Title 14 CFR part 39, Airworthiness Directives (AD),
authorized by Sec. Sec.  40113(a), 44701, and 44702 of Title 49 United
States Code, prescribes how the FAA issues ADs. The FAA issues ADs when
an unsafe condition is discovered on a specific aircraft type. Specific
information may be required from aircraft owners/operators if an unsafe
condition requires more information to develop corrective action. If it
is necessary for the aircraft manufacturer or airworthiness authority
to evaluate the information, owners/operators will be instructed to
send the information to them.
    Respondents: Approximately 1,120 aircraft owners/operators.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 1 hour.
    Estimated Total Annual Burden: 28,000 hours.

    Issued in Washington, DC, on September 13, 2018.
Barbara L. Hall,
FAA Information Collection Clearance Officer, Performance, Policy, and
Records Management Branch, ASP-110.
[FR Doc. 2018-20395 Filed 9-18-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Rules and Regulations]
[Pages 6966-6968]
[FR Doc No: 2018-03239]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0998]
RIN 1625-AA00

Safety Zone; Pensacola Bay, Pensacola, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone for all
navigable waters on Pensacola Bay within 500 yards of the construction
of the new Pensacola Bay Bridge in Pensacola, FL. The purpose of the
safety zone is to protect personnel, vessels, and the marine
environment from potential hazards created by work performed during the
construction of the new bridge located across the Pensacola Bay. This
rulemaking restricts speed to an idle speed or slowest safe speed for
all vessels, mariners, and persons unless specifically authorized by
the Captain of the Port Sector Mobile (COTP) or a designated
representative.

DATES: This rule is effective without actual notice from February 16,
2018 until December 31, 2020. For the purposes of enforcement, actual
notice will be used from February 7, 2018 until February 16, 2018.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Lieutenant Kyle D. Berry, Sector Mobile,
Waterways Management Division, U.S. Coast Guard; telephone 251-441-
5940, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Mobile
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The construction
of the Pensacola Bay Bridge has advanced to the phase requiring the
presence of vessels, barges, and cranes that are now working in and
around the main navigation channel and other areas frequently navigated
by recreational vessels. Hazards associated with this phase of the
construction include accidental falling debris, submerged objects,
collision, allision, and other navigational hazards. It is
impracticable to publish an NPRM because we must establish this safety
zone immediately to prevent injury to persons and vessels and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), and for the
reasons stated above, the Coast Guard finds that good cause exists for
making it effective less than 30 days after publication in the Federal
Register. Delaying the effective date of this rule would be contrary to
public interest because of the potential safety hazards associated with
the work.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector Mobile (COTP) has determined that
potential hazards associated with the bridge work that is currently
ongoing will be a safety concern for anyone within 500 yards of the
construction of the new Pensacola Bay Bridge. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable

waters within the safety zone while the bridge work is being completed.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone effective from
February 7, 2018 until December 31, 2020 on Pensacola within 500 yards
of the construction of the new Pensacola Bay Bridge in Pensacola, FL.
The safety zone is needed to protect life and property from the hazards
associated with the construction of the new bridge on Pensacola Bay.
This rulemaking restricts speed to an idle speed or slowest safe speed
for all vessels, mariners, and persons unless specifically authorized
by the COTP or a designated representative. The duration of the zone is
intended to ensure the safety of people and vessels on these navigable
waters during the construction of the new bridge.

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 protestors.

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, this rule 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 size, location,
and duration of the rulemaking. This safety zone will be in place
within 500 yards of the construction of the new Pensacola Bay Bridge
until the estimated completion of the bridge on December 31, 2020.
Vessels are permitted to enter the safety zone, but must do so at idle
or the slowest safe speed. Additionally, the Coast Guard will issue
Broadcast Notices to Mariners via VHF-FM marine channel 16 about the
regulation so that waterway users may plan accordingly for transits
during this restriction.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will 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
section.
    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 will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

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 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, which guides the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule involves safety zone within
500 yards of the construction of the new Pensacola Bay Bridge on
Pensacola Bay, Pensacola, FL. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to

coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places or
vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and
Recordkeeping Requirements, Security Measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T08-0998 to read as follows:

Sec.  165.T08-0998  Safety Zone; Pensacola Bay, Pensacola, FL.

    (a) Location. The following area is a temporary safety zone: All
navigable waters of the Pensacola Bay within 500 yards of the
construction of the new Pensacola Bay Bridge.
    (b) Enforcement period. This section will be enforced from February
7, 2018 through December 31, 2020.
    (c) Regulations. In accordance with the general regulations in
Sec.  165.23, persons and vessels entering this safety zone must
transit at idle or the slowest safe speed and comply with all lawful
directions issued by the Captain of the Port Sector Mobile (COTP) or a
designated representative.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the temporary safety zone as
well as any changes in the planned schedule.

    Dated: February 7, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-03239 Filed 2-15-18; 8:45 am]
BILLING CODE 9110-04-P


MEMORANDUM SUBJECT: Significant Changes Made to the Effluent Guidelines for the Meat and Poultry Products Category Final Rule During OMB Review FROM: Lisa Larimer U. S. EPA, Office of Water, Engineering and Analysis Division TO: The Record Executive Order 12866, " Regulatory Planning and Review" [ 58 FR 51735 ( October 4, 1993)], requires EPA to determine if a regulatory action is " significant" and therefore subject to review by the Office of Management and Budget ( OMB). The Executive Order defines " significant regulatory action" as one that is likely to result in a rule that may do the following:

° have an annual effect on the economy of $ 100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities; ° create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; ° materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or ° raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order.

Pursuant to the terms of Executive Order 12866, it has been determined that the final rule establishing effluent limitations guidelines and standards for the meat and poultry point source category is a " significant regulatory action" because it may raise novel legal or policy issues. As such, this action was submitted to OMB for review. This memo documents any significant changes made in response to suggestions or recommendations provided by OMB.

Significant Changes Suggested by OMB During the Review Period OMB's Office of Information and Regulatory Affairs began its official review on February 18, 2004, and ended it on February 26, 2004. During this review period, no significant changes were made to the final rule in response to suggestions made by OMB personnel.