[Federal Register: October 8, 2010 (Volume 75, Number 195)]
[Notices]
[Page 62407-62409]
[DOCID:fr08oc10-53]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2009-0560]

Collection of Information Under Review by Office of Management
and Budget: OMB Control Number: 1625-New

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
request for comments announces that the U.S. Coast Guard is forwarding
an Information Collection Request (ICR), abstracted below, to the
Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget (OMB) requesting an extension of its approval for
the following collection of information: 1625-New, Port Stakeholder
Interface Form. Our ICR describes the information we seek to collect
from the public. Review and comments by OIRA ensure we only impose
paperwork burdens commensurate with our performance of duties.

DATES: Please submit comments on or before November 8, 2010.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2009-0560] to the Docket Management Facility (DMF) at the
U.S. Department of Transportation (DOT) or to OIRA. To avoid
duplication, please submit your comments by only one of the following
means:
    (1) Electronic submission. (a) To Coast Guard docket at http://
www.regulation.gov. (b) To OIRA by e-mail via: oira_
<EMAIL_ADDRESS>    (2) Mail or Hand delivery. (a) DMF (M-30), DOT, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590-0001. Hand deliver between the hours of 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. The telephone number is 202-
366-9329. (b) To OIRA, 725 17th Street, NW., Washington, DC 20503,
attention Desk Officer for the Coast Guard.
    (3) Fax. (a) To DMF,<PHONE_NUMBER>. (b) To OIRA at<PHONE_NUMBER>. To
ensure your comments are received in a timely manner, mark the fax,
attention Desk Officer for the Coast Guard.
    The DMF maintains the public docket for this Notice. Comments and
material received from the public, as well as documents mentioned in
this Notice as being available in the docket, will become part of the
docket and will be available for inspection or copying at room W12-140
on the West Building Ground Floor, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also find the docket on the Internet
at http://www.regulations.gov.
    A copy of the ICR is available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-611), Attn Paperwork Reduction Act Manager, U.S. Coast
Guard, 2100 2nd St., SW., Stop 7101, Washington, DC 20593-7101.

FOR FURTHER INFORMATION CONTACT: Contact Mr. Arthur Requina, Office of
Information Management, telephone<PHONE_NUMBER> or fax<PHONE_NUMBER>, for
questions on these documents. Contact Ms. Renee V. Wright, Program
Manager, Docket Operations,<PHONE_NUMBER>, for questions on the docket.

SUPPLEMENTARY INFORMATION:
    The Coast Guard invites comments on whether this ICR should be
granted based on it being necessary for the proper performance of
Departmental functions. In particular, the Coast Guard would appreciate
comments addressing: (1) The practical utility of the collections; (2)
the accuracy of the estimated burden of the collections; (3) ways to
enhance the quality, utility, and clarity of information subject to the
collections; and (4) ways to minimize the burden of collections on
respondents, including the use of automated collection techniques or
other forms of information technology.
    Comments to Coast Guard or OIRA must contain the OMB Control Number
of the ICR. They must also contain the docket number of this request,
[USCG 2009-0560]. For your comments to OIRA to be considered, it is
best if they are received on or before November 8, 2010.
    Public participation and request for comments: We encourage you to
respond to this request by submitting comments and related materials.
We will post all comments received, without change, to http://
www.regulations.gov. They will include any personal information you
provide. We have an agreement with DOT to use their DMF. Please see the
``Privacy Act'' paragraph below.
    Submitting comments: If you submit a comment, please include the
docket number [USCG-2009-0560], indicate the specific section of the
document to which each comment applies, providing a reason for each
comment. We recommend you include your name, mailing address, an e-mail
address, or other contact information in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit comments and material by electronic means, mail, fax, or
delivery to the DMF at the address under ADDRESSES; but please submit
them by only one means. If you submit them by mail or delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. In response to your comments, we
may revise the ICR or decide not to seek an extension of approval for
this collection. The Coast Guard and OIRA will consider all comments
and material received during the comment period.
    Viewing comments and documents: Go to http://www.regulations.gov to
view documents mentioned in this Notice as being available in the
docket. Click on the ``read comments'' box, which will then become
highlighted in blue. In the ``Keyword'' box insert ``USCG-2009-0560''
and click ``Search.'' Click the ``Open Docket Folder'' in the
``Actions'' column. You may also visit the DMF in room W12-140 on the
West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    Privacy Act: Anyone can search the electronic form of all comments
received in dockets by the name of the individual submitting the
comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review the Privacy
Act statement regarding our public dockets in the January 17, 2008
issue of the Federal Register (73 FR 3316).

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (75 FR 1068, January 8, 2010)
required by 44 U.S.C. 3506(c)(2). That Notice elicited no comments.

Information Collection Request

    Title: Port Stakeholder Interface Form.
    Omb Control Number: 1625-New.
    Type of Request: New collection.
    Respondents: Owners and operators of port facilities.
    Abstract: Section 202 of Public Law 109-347 authorizes the
Secretary, Department of Homeland Security, to develop and update, as
necessary, protocols for the resumption of trade in the event of a
transportation disruption/security incident. It further instructs that
appropriate factors be considered for establishing prioritization of
vessels and cargo determined by the President to be critical for
response and recovery, including factors relating to public health,
national security, and economic need.
    Forms: CG-3142.
    Burden Estimate: This is a new collection with an estimated burden
hours of 12,000 per year.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: October 1, 2010.
R.E. Day,
Rear Admiral, U.S. Coast Guard Acting Assistant Commandant for Command,
Control, Communications, Computers and Information Technology.
[FR Doc. 2010-25382 Filed 10-7-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Notices]
[Page 17395]
[FR Doc No: 2013-06546]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2013-0122; 9793-2]

National Advisory Council for Environmental Policy and Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Federal Advisory Committee Meeting Postponed and
Rescheduled as a Teleconference.

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SUMMARY: Under the Federal Advisory Committee Act, Pub. L. 92463, EPA
gives notice that the public meeting for the National Advisory Council
for Environmental Policy and Technology (NACEPT) initially scheduled
for March 7-8, 2013, was postponed due to the predicted inclement
weather that closed the Federal Government. The NACEPT meeting has been
rescheduled as a teleconference for April 4, 2013. NACEPT provides
advice to the EPA Administrator on a broad range of environmental
policy, technology, and management issues. NACEPT represents diverse
interests from academia, industry, non-governmental organizations, and
local, State, and tribal governments.
    Purpose of Meeting: NACEPT will discuss and approve draft
recommendations in response to the National Academy of Sciences' report
on ``Sustainability and the U.S. EPA.'' NACEPT's second letter on
sustainability will address two topics: (1) what strengths EPA can
leverage to successfully deploy sustainability practices across the
Agency, and (2) what 3-5 year breakthrough objectives can help bring
about sustainability implementation. The agenda and meeting materials
will be available at http://www.epa.gov/ofacmo/nacept/cal-nacept.htm
and http://www.regulations.gov under Docket ID: EPA-HQ-OA-2013-0122.

DATES: NACEPT will now hold a teleconference meeting on Thursday, April
4, 2013, from 12:00 p.m. to 4:00 p.m. (EST). Due to budgetary
uncertainties, EPA is announcing this teleconference with less than 15
calendar days public notice.

FOR FURTHER INFORMATION CONTACT: For further information regarding the
teleconference and background materials, contact Mark Joyce, Acting
Designated Federal Officer, at<EMAIL_ADDRESS>(202) 564-2130, U.S.
EPA, Office of Federal Advisory Committee Management and Outreach
(1601M), 1200 Pennsylvania Avenue NW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION: Requests to make oral comments or to provide
written comments to NACEPT should be sent to Eugene Green at
<EMAIL_ADDRESS>by Friday, March 29, 2013. The teleconference is
open to the public, with limited conference lines available on a first-
come, first-served basis. Members of the public wishing to attend
should contact Eugene Green at<EMAIL_ADDRESS>or<PHONE_NUMBER>
by March 29, 2013.
    Meeting Access: Information regarding accessibility and/or
accommodations for individuals with disabilities should be directed to
Eugene Green at the email address or phone number listed above. To
ensure adequate time for processing, please make requests for
accommodations at least 10 days prior to the meeting.

    Dated: March 14, 2013.
Mark Joyce,
Acting Designated Federal Officer.
[FR Doc. 2013-06546 Filed 3-20-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Notices]
[Pages 26574-26577]
[FR Doc No: 2021-10170]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91802; File No. SR-CboeEDGA-2021-011]

Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice
of Filing of a Proposed Rule Change Relating to the Exchange's Process
for Re-Opening Securities Listed on Other National Securities Exchanges
Following the Resumption of Trading After a Halt, Suspension, or Pause
During the Early Trading Session, Pre-Opening Session, or Post-Closing
Session

May 10, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 26, 2021, Cboe EDGA Exchange, Inc. (``Exchange'' or ``EDGA'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes a rule change to amend the Exchange's process
for re-opening securities listed on other national securities exchanges
following the resumption of trading after a halt, suspension, or pause
during the Early Trading Session, Pre-Opening Session, or Post-Closing
Session.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/edga/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

Purpose
    The purpose of the proposed rule change is to amend the Exchange's
process for re-opening securities listed on other national securities
exchanges following the resumption of trading after a halt, suspension,
or pause during the Early Trading Session,\3\ Pre-Opening Session,\4\
or Post-Closing Session.\5\ EDGA Rule 11.7 describes the Exchange's
opening process for securities listed on other national securities
exchanges, including the process for re-opening such securities
following the resumption of trading after a halt, suspension, or pause.
On November 5, 2020, the Exchange filed a proposed rule change to amend
its re-opening process pursuant to EDGA Rule 11.7 for securities listed
on the New York Stock Exchange LLC (``NYSE'') following the resumption
of trading after a halt, suspension, or pause during the Early Trading
Session, Pre-Opening Session, or Post-Closing Session.\6\ That filing
was approved by the Commission on December 28, 2020.\7\ The Exchange
now proposes to further amend EDGA Rule 11.7 to adopt a harmonized re-
opening process for securities listed on NYSE (``Tape A''), securities
listed on exchanges other than The Nasdaq Stock Market LLC (``Nasdaq'')
and NYSE (``Tape B''); and securities listed on Nasdaq (``Tape C'')
following the resumption of trading after a halt, suspension, or pause
during the Early Trading Session, Pre-Opening Session, or Post-Closing
Session. The Exchange believes that the proposed harmonized process for
Tape A, B, and C securities would simplify its procedures and provide a
more effective re-opening process for securities that resume trading
outside of Regular Trading

Hours.\8\ The Exchange also proposes to make non-substantive changes to
Rule 11.7 to conform the text to Cboe BZX Exchange, Inc. (``BZX'') Rule
11.24.
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    \3\ The term ``Early Trading Session'' means the time between
7:00 a.m. and 8:00 a.m. Eastern Time. See EDGA Rule 1.5(ii).
    \4\ The term ``Pre-Opening Session'' means the time between 8:00
a.m. and 9:30 a.m. Eastern Time. See EDGA Rule 1.5(s).
    \5\ The term ``Post-Closing Session'' means the time between
4:00 p.m. and 8:00 p.m. Eastern Time. See EDGA Rule 1.5(r).
    \6\ See Securities Exchange Act Release No. 90419 (November 13,
2020), 85 FR 73829 (November 19, 2020) (SR-CboeEDGA-2020-029).
    \7\ See Securities Exchange Act Release No. 90804 (December 28,
2020), 86 FR 158 (January 4, 2021) (Approval Order).
    \8\ The term ``Regular Trading Hours'' means the time between
9:30 a.m. and 4:00 p.m. Eastern Time. See EDGA Rule 1.5(y).
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    As amended pursuant to SR-CboeEDGA-2020-029, EDGA Rule 11.7(e)(3)
provides that during the Early Trading Session, Pre-Opening Session, or
Post-Closing Session, Tape A securities that resume trading after a
halt, suspension, or pause will be automatically re-opened pursuant to
the Exchange's contingent open procedures, as described in EDGA Rule
11.7(d), after one second has passed following the Exchange's receipt
of the first NBBO following such resumption of trading. This rule was
adopted to automate the prior manual process that would otherwise be
used to initiate the re-opening of Tape A securities when NYSE was not
open for trading. Consistent with that intent, the Exchange proposed to
continue to re-open Tape A securities using the same contingent open
procedures that would apply when the Exchange manually initiated its
re-opening process pursuant to EDGA Rule 11.7(e)(2). As a result, when
the Exchange re-opens Tape A securities during pre- and post-market
trading sessions today, orders are handled in time sequence and placed
on the EDGA Book, routed, cancelled, or executed in accordance with the
terms of the order. This differs from the standard processed used by
the Exchange during Regular Trading Hours, where the Exchange seeks to
execute queued orders at the midpoint of the national best bid or offer
(``NBBO'').\9\ After additional consideration, the Exchange believes
that market participants and investors would be better served by
utilizing its standard midpoint re-opening in these circumstances as
doing so would promote greater consistency with the process used by the
Exchange in other circumstances and may generally provide executions
that better reflect the applicable market for the security.
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    \9\ See EDGA Rule 11.7(e)(1).
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    The Exchange therefore proposes to amend EDGA Rule 11.7(e) such
that the process for re-opening Tape A securities after the Exchange
has determined to initiate a re-opening would generally mirror the
standard process described in EDGA Rule 11.7(e)(1), which as discussed
is designed to provide an execution at the midpoint of the NBBO. The
determination of whether to re-open such Tape A securities would,
however, continue to follow the process discussed in SR-CboeEDGA-2020-
029. Thus, during the Early Trading Session, Pre-Opening Session, or
Post-Closing Session, the re-opening process for Tape A securities
would occur at the midpoint of the NBBO after one second has passed
following the Exchange's receipt of the first NBBO following the
resumption of trading after a halt, suspension, or pause. Although the
Exchange has determined to use a midpoint re-opening process similar to
that currently described in EDGA Rule 11.7(e)(1), for the reasons
discussed in SR-CboeEDGA-2020-029, it remains important that the
trigger for initiating this process outside of Regular Trading Hours
not be tied to the resumption of trading on the primary listing market
as NYSE does not trade its listed securities at times when the Exchange
is open for pre- and post-market trading.
    In addition, the Exchange proposes to amend the process for re-
opening Tape B and C securities to mirror the proposed process for Tape
A securities, except that the Exchange would require the primary
listing market to have begun quoting the security before it initiates
its own re-opening process. As explained in SR-CboeEDGA-2020-029, the
Exchange amended EDGA Rule 11.7 to permit Tape A securities listed on
NYSE to re-open based on quoting activity on other national securities
exchanges during pre- and post-market trading when NYSE does not trade
its listed securities. However, this limitation does not exist for Tape
B or C securities as the applicable primary listing markets for those
securities each offer pre- and post-market trading sessions where
market participants can trade their listed securities.\10\ As a result,
the Exchange believes that it is desirable for Tape B and C securities
to be opened on the Exchange only after the primary listing exchange
has begun trading its listed securities, consistent with the current
EDGA Rule 11.7(e), which would continue to be applied during Regular
Trading Hours. However, similar to the proposed process for re-opening
Tape A securities, the Exchange would simplify the triggers for re-
opening trading pursuant to EDGA Rule 11.7(e)(1) such that its re-
opening process for Tape B and C securities during the Early Trading
Session, Pre-Opening Session, and Post-Closing Session would occur at
the midpoint of the NBBO after one second has passed following the
publication of the first two-sided quotation by the listing exchange
following the resumption of trading after a halt, suspension, or pause.
In its effort to simplify the re-opening process employed during these
timeframes, the Exchange would not retain a separate trigger to allow
the re-opening process to be initiated immediately when the Exchange
receives both a two-sided quotation and a trade from the listing
exchange.
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    \10\ See Nasdaq Rules, Equity 1, Section 1(a)(9); NYSE Arca,
Inc. Rule 7.34-E(a); NYSE American LLC Rule 7.34E(a).
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    The Exchange also proposes to make a number of structural changes
to EDGA Rule 11.7(e) to facilitate the amendments described above, and
non-substantive changes to conform the rule text to BZX Rule 11.24.
First, the Exchange proposes to structure EDGA Rule 11.7(e)(1) such
that it would contain subparagraphs (A), (B), and (C), which each would
describe applicable differences between the Exchange's opening process
at the beginning of the Regular Trading Session, as described in EDGA
Rule 11.7(a)(2) and (b), and the re-opening process employed by the
Exchange after a halt. As amended, EDGA Rule 11.7(e)(1)(A) would
describe the types of orders that are eligible for participation in the
re-opening process. Further, the Exchange proposes to amend the text of
the paragraph to partially conform to BZX Rule 11.24(e)(1). As
proposed, EDGA Rule 11.7(e)(1)(A) would state that non-RHO \11\ orders
will be eligible for participation in the Re-Opening Process, but
IOC,\12\ FOK,\13\ EDGA Post Only Orders,\14\ and Minimum Execution
Quantity Orders \15\ will be cancelled or rejected, as applicable, and
any ISO \16\ that is not IOC or FOK will be converted into a non-ISO
and be queued for participation in the Re-Opening Process.
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    \11\ See Exchange Rule 11.6(q)(6) Regular Hours Only (``RHO'').
    \12\ See Exchange Rule 11.6(q)(1) Immediate-or-Cancel (``IOC'').
    \13\ See Exchange Rule 11.6(q)(3) Fill-or-Kill (``FOK'').
    \14\ See Exchange Rule 11.6(n)(4).
    \15\ See Exchange Rule 11.6(h).
    \16\ See Exchange Rule 11.8(c) Intermarket Sweep Order
(``ISO'').
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    As amended, EDGA Rule 11.7(e)(2)(B) would describe the Exchange's
current re-opening process, which the Exchange now proposes to limit to
Regular Trading Hours. Further, the Exchange proposes to partially
conform EDGA Rule 11.7(e)(2)(B)(ii) with BZX Rule BZX Rule 11.24(e)(1).
Specifically, as amended EDGA Rule 11.7(e)(2)(B)(ii) would provide that
during Regular Trading Hours, the Re-Opening Process will occur at the
(i) first NBBO subsequent to the first reported trade and first two-
sided quotation on the listing exchange following the resumption of
trading after a halt, suspension, or pause; or (ii) NBBO

when the first two-sided quotation published by the listing exchange
following the resumption of trading after a halt, suspension, or pause
if no first trade is reported by the listing exchange within one second
of publication of the first two-sided quotation by the listing
exchange.
    As proposed, EDGA Rule 11.7(e)(2) would contain language discussed
above that describes the Exchange's re-opening process during the Early
Trading Session, Pre-Opening Session, or After Hour Trading Session,
i.e., for Tape A, B, and C securities.\17\
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    \17\ The Exchange would also eliminate EDGA Rule 11.7(e)(3),
which currently addresses the re-opening of Tape A securities listed
on NYSE during pre- and post-market trading. As discussed, the
Exchange is proposing to harmonize the process for re-opening Tape
A, B, and C securities outside of Regular Trading Hours, and the
harmonized process discussed in this proposed rule change would be
described in EDGA Rule 11.7(e)(2)(C).
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    Lastly, the Exchange proposes to amend EDGA Rule 11.7(e)(2) to
reflect the changes discussed above. As amended, the lead in to EDGA
Rule 11.7(e)(2) would state that this section applies where the
conditions required to establish the price of the re-opening process in
the now restructured EDGA Rule 11.7(e)(1)(B) or (C) have not occurred,
which reflects the now renumbered sections of the rule, including
language that is in current EDGA Rule 11.7(e)(1) and EDGA Rule
11.7(e)(3).\18\
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    \18\ The Exchange would also eliminate language that states that
this section applies when the security has not otherwise been re-
opened for trading on the Exchange pursuant to EDGA Rule 11.7(e)(3).
As discussed, the content of EDGA Rule 11.7(e)(3) would be moved to
EDGA Rule 11.7(e)(1)(C) with further amendments as discussed herein.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the requirements of Section 6(b) of the Act,\19\ in general, and
Section 6(b)(5) of the Act,\20\ in particular, in that it is designed
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest and not to permit unfair discrimination between
customers, issuers, brokers, or dealers. The Exchange believes that the
proposed rule change is consistent with the protection of investors and
the public interest as it would implement a streamlined process for re-
opening Tape A, B, and C securities during the Early Trading Session,
Pre-Opening Session, or Post-Closing Session.
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    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).
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    The Exchange currently employs different processes for re-opening
Tape A, B, and C securities during pre- and post-market trading. The
Exchange believes, however, that market participants would be better
served by a harmonized process that: (1) Ensures that the Exchange's
automated re-opening process executes orders at the midpoint of the
NBBO; and (2) eliminates unnecessary distinctions between the process
utilized for Tape A, B, and C securities. Executing the Exchange's re-
opening process during pre- and post-market trading at the midpoint of
the NBBO is beneficial to market participants as the NBBO midpoint may
more closely reflect market prices and conditions for the security
being re-opened. As a result, the Exchange believes that using the NBBO
midpoint to price its re-opening process for all securities would help
to promote a fair and orderly market. In addition, using generally
consistent triggers for initiating the Exchange's re-opening process in
Tape A, B, and C securities that resume trading during pre- and post-
market trading sessions would reduce the overall complexity of the re-
opening process employed during these timeframes. The Exchange notes,
however, that it would nevertheless require the primary listing market
to begin trading its own securities prior to re-opening trading on the
Exchange in Tape B and C securities. This limitation would not apply to
Tape A securities that NYSE does not trade outside of its regular
trading session as doing so would require unnecessary and inefficient
manual intervention by the Exchange to manually initiate trading, as
was the case prior to the filing and Commission approval of SR-
CboeEDGA-2020-029. The Exchange believes that this distinction
continues to be appropriate as it is based on applicable differences
between each primary listing market's hours of operation and would
continue to promote a more streamlined automated process for initiating
the re-opening process in Tape A securities at times when NYSE does not
trade its own listed securities.
    The Exchange believes the proposed structural changes and non-
substantive amendments to Rule 11.7(e)(1) will simplify the Exchange's
rules and harmonize the text to the corresponding BZX rule.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
designed to facilitate a more efficient and harmonized re-opening
process for all securities that resume trading outside of Regular
Trading Hours, and is not designed to address any competitive issues.
All members would have their orders handled in the same manner based on
the proposed changes to the Exchange's re-opening process, and other
national securities exchanges are free to adopt the same or similar
processes if they believe that the proposed process is beneficial for
their own members. The Exchange therefore does not believe that the
proposed rule change would have any significant impact on competition.

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 on the proposed rule
change.

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 up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve or disapprove such 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-CboeEDGA-2021-011 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-CboeEDGA-2021-011. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly.
    All submissions should refer to File Number SR-CboeEDGA-2021-011
and should be submitted on or before June 4, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-10170 Filed 5-13-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Notices]
[Pages 47918-47920]
[FR Doc No: 2018-20552]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP17-117-000; CP17-118-000]

Driftwood LNG LLC; Driftwood Pipeline; LLC Notice of Availability
of the Draft Environmental Impact Statement for the Proposed Driftwood
LNG Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a draft environmental impact statement (EIS)
for the Driftwood LNG and Pipeline Projects (Project). Driftwood LNG
LLC and Driftwood Pipeline LLC, collectively Driftwood, request
authorization (FERC Docket Nos. CP17-117-000 and CP17-118-000) to site,
construct, and operate liquefied natural gas (LNG) export facilities
and certain interstate, natural gas transmission pipeline facilities in
Evangeline, Acadia, Jefferson Davis, and Calcasieu Parishes, Louisiana.
The Project would provide gas and processing to produce up to 26
million tonnes per annum of LNG for export.
    The draft EIS assesses the potential environmental effects of the
construction and operation of the Driftwood LNG Project in accordance
with the requirements of the National Environmental Policy Act (NEPA).
The FERC staff concludes that approval of the Project would result in
adverse impacts on the environment. However, with the exception of the
visual impact on the nearby Driftwood Community which we conclude would
be significant, impacts on the environment would be reduced to
acceptable levels with the implementation of Driftwood's proposed
impact avoidance, minimization, and mitigation measures and the
additional measures recommended by staff in the draft EIS.
    The U.S. Environmental Protection Agency, the U.S. Army Corps of
Engineers, U.S. Coast Guard, U.S. Department of Energy, and the U.S.
Department of Transportation participated as cooperating agencies in
the preparation of the EIS. Cooperating agencies have jurisdiction by
law or special expertise with respect to resources potentially affected
by the

proposal and participate in the NEPA analysis.
    The draft EIS addresses the potential environmental effects of the
construction and operation of the following project facilities:
     Five LNG plants (each plant consists of one gas pre-
treatment unit, one condensation stabilization unit, and four heavy
hydrocarbon removal and liquefaction units);
     three LNG storage tanks;
     three marine berths capable of accommodating LNG carriers
of up to 216,000 cubic meters each;
     74 miles of 48-inch-diameter pipeline, 10.6 miles of 42-
inch-diameter pipeline, and 11.3 miles of 36-inch-diameter pipeline;
one 3.4-mile-long, 30-inch-diameter lateral pipeline collocated with
the mainline pipeline;
     three compressor stations providing a total of
approximately 275,000 horsepower of compression; and
     six pig launchers and receiver facilities,\1\ 15 meter
stations, and 17 mainline valves.
---------------------------------------------------------------------------

    \1\ A pig is an internal tool that can be used to clean and dry
a pipeline and/or to inspect it for damage or corrosion.
---------------------------------------------------------------------------

    The Commission mailed a copy of the Notice of Availability to
federal, state, and local government representatives and agencies;
elected officials; environmental and public interest groups; Native
American tribes; potentially affected landowners and other interested
individuals and groups; and newspapers and libraries in the project
area. The draft EIS is only available in electronic format. It may be
viewed and downloaded from the FERC's website (www.ferc.gov), on the
Environmental Documents page (https://www.ferc.gov/industries/gas/enviro/eis.asp). In addition, the draft EIS may be accessed by using
the eLibrary link on the FERC's website. Click on the eLibrary link
(https://www.ferc.gov/docs-filing/elibrary.asp), click on General
Search, and enter the docket number in the ``Docket Number'' field,
excluding the last three digits (i.e., CP17-117 or CP17-118). Be sure
you have selected an appropriate date range. For assistance, please
contact FERC Online Support at [email protected] or toll free
at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.
    Any person wishing to comment on the draft EIS may do so. Your
comments should focus on the draft EIS's disclosure and discussion of
potential environmental effects, reasonable alternatives, and measures
to avoid or lessen environmental impacts. The more specific your
comments, the more useful they will be. To ensure consideration of your
comments on the proposal in the final EIS, it is important that the
Commission receive your comments on or before 5 p.m. Eastern Time on
November 5, 2018.
    For your convenience, there are four methods you can use to submit
your comments to the Commission. The Commission will provide equal
consideration to all comments received, whether filed in written form
or provided verbally. The Commission encourages electronic filing of
comments and has staff available to assist you at<PHONE_NUMBER> or
[email protected]. Please carefully follow these instructions
so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on the Project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's website (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the Project docket numbers
(CP17-117-000 and CP17-118-000) with your submission: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Room 1A, Washington, DC 20426.
    (4) In lieu of sending written or electronic comments, the
Commission invites you to attend one of the public comment sessions its
staff will conduct in the project area to receive comments on the draft
EIS, scheduled as follows:

------------------------------------------------------------------------
            Date and time                           Location
------------------------------------------------------------------------
Tuesday, October 9 (5 p.m.-7 p.m.      Seven Clans Hotel, 797 Coushatta
 CST).                                  Drive, Kinder, LA 20648 (800)-
                                        584-7263.
Wednesday, October 10 (5 p.m.-7 p.m.   Holiday Inn Opelousas, 5696O-49
 CST).                                  North Service Road, Opelousas,
                                        LA 70570<PHONE_NUMBER>.
Thursday, October 11 (5 p.m.-7 p.m.    West Cal Event Center, 401 Arena
 CST).                                  Road, Sulphur, LA 70665 (337)-
                                        528-9378.
------------------------------------------------------------------------

    The primary goal of these comment sessions is to have you identify
the specific environmental issues and concerns with the draft EIS.
Individual verbal comments will be taken on a one-on-one basis with a
court reporter. This format is designed to receive the maximum amount
of verbal comments, in a convenient way during the timeframe allotted.
    Each comment session is scheduled from 5 p.m. to 7 p.m. CST. You
may arrive at any time after 5 p.m. There will not be a formal
presentation by Commission staff when the session opens. If you wish to
speak, the Commission staff will hand out numbers in the order of your
arrival. Comments will be taken until 7 p.m. However, if no additional
numbers have been handed out and all individuals who wish to provide
comments have had an opportunity to do so, staff may conclude the
session at 6:30 p.m.
    Your verbal comments will be recorded by the court reporter (with
FERC staff or representative present) and become part of the public
record for this proceeding. Transcripts will be publicly available on
FERC's eLibrary system (see below for instructions on using eLibrary).
If a significant number of people are interested in providing verbal
comments in the one-on-one settings, a time limit of 5 minutes may be
implemented for each commentor.
    It is important to note that verbal comments hold the same weight
as written or electronically submitted comments. Although there will
not be a formal presentation, Commission staff will be available
throughout the comment session to answer your questions about the
environmental review process.
    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the

Commission's Rules of Practice and Procedures (18 CFR 385.214). Motions
to intervene are more fully described at http://www.ferc.gov/resources/guides/how-to/intervene.asp. Only intervenors have the right to seek
rehearing or judicial review of the Commission's decision. The
Commission grants affected landowners and others with environmental
concerns intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which no other
party can adequately represent. Simply filing environmental comments
will not give you intervenor status, but you do not need intervenor
status to have your comments considered.

Questions?

    Additional information about the Projects is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC (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 www.ferc.gov/docs-filing/esubscription.asp.

    Dated: September 14, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-20552 Filed 9-20-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: November 3, 2008 (Volume 73, Number 213)]
[Notices]
[Page 65303-65305]
[DOCID:fr03no08-37]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF08-29-000]

Mississippi Hub, LLC; Notice of Intent To Prepare an
Environmental Assessment for the Proposed MS HUB Expansion Project,
Request for Comments on Environmental Issues, and Notice of Public Site
Visit

October 27, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the proposed MS HUB Expansion
Project involving construction and operation of facilities by
Mississippi Hub, LLC (MS HUB) in Simpson, Jefferson Davis and Covington
Counties, Mississippi. The EA will be used by the Commission in its
decision-making process to determine whether or not to authorize the
project under section 7 of the Natural Gas Act.
    This notice explains the scoping process we \1\ will use to gather
environmental input from the public and interested agencies, and
summarizes the project review process for the FERC. Your input will
help determine which issues need to be evaluated in the EA. Details on
how to submit comments during the scoping period are provided in the
Public Participation section of this notice. Please note that the
scoping period will close on December 3, 2008.
---------------------------------------------------------------------------

    \1\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the FERC's Office of Energy Projects.
---------------------------------------------------------------------------

    This notice is being sent to potentially affected landowners;
federal, state, and local government agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. State and local
government representatives are asked to notify their constituents of
this planned project and encourage them to comment on their areas of
concern.
    If you are a landowner receiving this notice, you may be contacted
by a MS HUB company representative about survey permission and/or the
acquisition of an easement to construct, operate, and maintain the
proposed facilities. The company would seek to negotiate a mutually
acceptable agreement. However, if the project is approved by the
Commission, that approval conveys with it the right of eminent domain.
Therefore, if easement negotiations fail to produce an agreement, the
natural gas company could initiate condemnation proceedings in
accordance with state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (http://www.ferc.gov). This fact sheet
addresses a number of typically asked questions, including the use of
eminent domain and how to participate in the Commission's proceedings.

Summary of the Proposed Project

    MS HUB proposes to expand the working gas capacity of its currently
authorized salt dome natural gas storage facility in Mississippi from
12 billion standard cubic feet (Bcf) to 15 Bcf and construct two new
natural gas pipelines in an extension of its South Pipeline Corridor.
Specifically, MS HUB seeks authority to construct and operate:
     Two solution-mined salt dome caverns, expanded from a
working gas capacity of 6.0 Bcf to 7.5 Bcf each;
     Approximately 14.2 miles of 24-inch-diameter natural gas
pipeline, extending from the gas storage facility to an interconnect
with the Southeast Supply Header (SESH) pipeline;
     Approximately 22.6 miles of 30-inch-diameter natural gas
pipeline, extending from the gas storage facility to an interconnect
with a Transcontinental Gas Pipe Line (Transco) pipeline;
     Aboveground tie-in and metering facilities at each
interconnect site;
     Associated access roads; and
     An additional 15,800 horsepower (hp) of compression at the
gas storage site.
    The general location of the project facilities is shown in Appendix
1.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices are
available on the Commission's Web site at the ``eLibrary'' link or
from the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary refer to the last page of this notice. Copies
of the appendices were sent to all those receiving this notice in
the mail.
---------------------------------------------------------------------------

    Construction of the proposed facilities would require approximately
340 acres of land. Following construction, approximately 136 acres
would be maintained as new pipeline right-of-way and aboveground
facility sites. The remaining acreage would be restored and allowed to
revert to its former use. If approved, MS HUB proposes to begin
construction of the project in August 2009.

The EA Process

    We are preparing an EA to comply with the National Environmental
Policy Act of 1969 (NEPA) which requires the Commission to take into
account the environmental impact that could result if it authorizes MS
HUB's proposal. NEPA also requires us to discover and address the
public's concerns about proposals that require federal authorizations.
This process is referred to as ``scoping.'' The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues.
    By this notice, we are requesting public comments on the scope of
the issues to be addressed in the EA. All comments received will be
considered during preparation of the EA. We are also asking Federal,
State, and local agencies with jurisdiction and/or special expertise
with respect to environmental issues to formally cooperate with us in
the preparation of the EA. Agencies that would like to request
cooperating status should follow the instructions for filing comments
provided below.
    Although no formal application has been filed with the Commission,
the FERC staff has initiated its review of the project under its NEPA
Pre-filing Process to encourage the early involvement of stakeholders
and to identify and resolve issues before an application is filed. The
purpose of the Pre-filing Process is to seek public and agency input
early in the project planning phase and encourage involvement by
interested stakeholders in a manner that allows for the early
identification and resolution of environmental issues. We will work
with all interested stakeholders to identify and attempt to address
issues before MS HUB files its application with the FERC.
    The EA will discuss impacts that could occur as a result of the
construction and operation of the proposed project, under the general
headings of geology and soils; land use; water resources, fisheries,
and wetlands; cultural resources; vegetation and wildlife; threatened
and endangered species; air quality and noise; safety and reliability;
and cumulative impacts. The EA will also evaluate reasonable
alternatives to the proposed project, and make recommendations on how
to

lessen or avoid impacts on affected resources.
    Our independent analysis of the issues will be in the EA. Depending
on the comments received during the scoping process, the EA may be
published and mailed to Federal, State, and local agencies; newspapers;
libraries; interested individuals who return the Mail List Retention
Form in Appendix 3; and the Commission's official service list for this
proceeding. An additional comment period may be allotted for review
when the EA is published. We will consider all comments on the EA
before we make our recommendations to the Commission.

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the proposed facilities and
the environmental information provided by MS HUB. This preliminary list
of issues may be changed based on your comments and our analysis.
     Federally listed endangered or threatened species may
occur in the proposed project area.
     Construction impacts to wetlands located in the proposed
project area.
     Construction activities near residences and structures.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the MS HUB Expansion Project. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
The more specific your comments, the more useful they will be. To
ensure that your comments are timely and properly recorded, please send
in your comments so that they will be received in Washington, DC on or
before December 3, 2008.
    For your convenience, there are three methods which you can use to
submit your written comments to the Commission. In all instances please
reference the project docket number (PF08-29-000) with your submission.
The three methods are:
    (1) You may file your comments electronically by using the Quick
Comment feature, which is located on the Commission's Internet Web site
at http://www.ferc.gov under the link to Documents and Filings. A Quick
Comment is an easy method for interested persons to submit text-only
comments on a project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Internet Web site at
http://www.ferc.gov under the link to Documents and Filings. eFiling
involves preparing your submission in the same manner as you would if
filing on paper, and then saving the file on your computer's hard
drive. You will attach that file as your submission. New eFiling users
must first create an account by clicking on ``Sign up'' or
``eRegister.'' You will be asked to select the type of filing you are
making. A comment on a particular project is considered a ``Comment on
a Filing;'' or
    (3) You may file your comments via mail to the Commission by
sending an original and two copies of your letter to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First St., NE.,
Room 1A, Washington, DC 20426;
    Label one copy of the comments for the attention of Gas Branch 3,
PJ-11.3.
    The Commission encourages electronic filing of comments and has
dedicated eFiling expert staff available to assist you at<PHONE_NUMBER>
or<EMAIL_ADDRESS>    Once MS HUB formally files its application with the Commission, you
may want to become an ``intervenor,'' which is an official party to the
proceeding. Intervenors play a more formal role in the process and are
able to file briefs, appear at hearings, and be heard by the courts if
they choose to appeal the Commission's final ruling. An intervenor
formally participates in a Commission proceeding by filing a request to
intervene. Instructions for becoming an intervenor are included in the
User's Guide under the ``e-filing'' link on the Commission's Web site.
Please note that you may not request intervenor status at this time.
You must wait until a formal application is filed with the Commission.
MS HUB currently plans to file its formal application in March 2009.

Public Meetings and Site Visits

    As part of the Pre-filing Process review, FERC staff will
participate in a public open house sponsored by MS HUB in the project
area on November 18, 2008 to explain the environmental review process
to interested stakeholders and take comments about the project. MS HUB
will mail out a separate invitation regarding this public open house
event to all affected landowners and other interested parties. For
additional information regarding the open house, please contact MS HUB
directly at 1-866-429-5289.
    In addition, on November 19, 2008, the FERC staff will conduct a
public site visit to view the proposed facility locations and pipeline
route. Examination will be by automobile and on foot. Representatives
of MS HUB will be accompanying the FERC staff. All interested parties
may attend. Those planning to attend must provide their own
transportation and should meet at the location and time described
below.
    MS HUB's open house and the FERC's site visit are designed to
provide another opportunity to offer comments on the proposed Project.
Interested groups and individuals are encouraged to attend the meetings
and to present comments on the environmental issues that they believe
should be addressed in the EA. The open house and site visit are
scheduled as follows:

------------------------------------------------------------------------
                  Date                               Location
------------------------------------------------------------------------
MS HUB Open House, Tuesday, November     M. G. Dyess Inc., 7159 Hwy 35
 18th, 7 p.m. to 8:30 p.m. (CST).         South, Bassfield, MS 39421
                                          (approximately 1 mile south of
                                          the intersection of Hwy 42 and
                                          Hwy 35; M. G. Dyess facility
                                          on west side of Hwy 35).
FERC Site Visit, Wednesday, November     Meet at 9 a.m. at the: Wal-Mart
 19th at 9 a.m. to 1 p.m. (CST).          Super Center, 1625 Simpson Hwy
                                          49, Magee, MS 39111.
------------------------------------------------------------------------

    For additional information, you may contact the Commission's Office
of External Affairs at 1-866-208-FERC (3372).

Environmental Mailing List

    An effort is being made to send this notice to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project. This includes all landowners who are
potential right-of-way grantors, whose property may be used temporarily
for project purposes, or who own homes within distances defined in the
Commission's regulations

of certain aboveground facilities. By this notice we are also asking
governmental agencies, especially those in Appendix 2, to express their
interest in becoming cooperating agencies for the preparation of the
EA.
    We may mail the EA for comment. If you are interested in receiving
the EA for review and/or comment, please return the Mail List Retention
Form (Appendix 3). In addition, all individuals who provide written
comments to the FERC will remain on our environmental mailing list for
this project. If you do not return the Mail List Retention Form or
provide written comments, you will be taken off the mailing list.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the ``eLibrary''
link. Click on the eLibrary link, click on ``General Search'' and enter
the docket number excluding the last three digits in the Docket Number
field (e.g., PF08-29). Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which 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 http://www.ferc.gov/esubscribenow.htm.
    Fact sheets prepared by the FERC are also available for viewing on
the FERC Internet Web site (www.ferc.gov), using the ``For Citizens''
link. The fact sheet, ``Guide to Electronic Information at FERC,''
provides instructions on how to stay informed and participate in the
Commission's proceedings.
    Public meetings or site visits will be posted on the Commission's
calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx
along with other related information.
    Finally, MS HUB will be updating its Web site at http://
www.MississippiHub.com to share news and updates as the environmental
review of its project proceeds.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-26081 Filed 10-31-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 26, 2008 (Volume 73, Number 38)]
[Rules and Regulations]
[Page 10140-10143]
[DOCID:fr26fe08-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2007-0020; Amdt. No. 91-299]
RIN 2120-AJ14

Operation of Civil Aircraft of U.S. Registry Outside of the
United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends certain regulations governing U.S.
registered aircraft operating beyond the territorial airspace of the
United States. This action is necessary to correct an error in the
recodification of the regulations concerning general operating and
flight rules. The intended effect of this action is to correct an
inadvertent error in the regulations.

DATES: This action is effective February 26, 2008.

FOR FURTHER INFORMATION CONTACT: Nancy Lauck Claussen, Flight Standards
Service, Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone:<PHONE_NUMBER>; facsimile (202) 267-
5229, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:
    (1) Searching the Federal eRulemaking portal at http://
www.regulations.gov;
    (2) Visiting the FAA's Regulations and Policies Web page at http://
www.faa.gov/regulations--policies/; or
    (3) Accessing the Government Printing Office's Web page at http://
www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal
Aviation

Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue,
SW., Washington, DC 20591, or by calling<PHONE_NUMBER>. Make sure to
identify the amendment number or docket number of this rulemaking.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Acting Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Section 44701(a)(5), General Requirements. Under
that section, the FAA is charged with prescribing regulations and
minimum standards for other practices, methods, and procedure the
Acting Administrator finds necessary for safety in air commerce and
national security. This regulation is within the scope of that
authority because it addresses operational requirements that support
aviation safety.

Background

    In August 1966, the FAA amended 14 CFR part 91 to prescribe rules
that apply to civil aircraft of U.S. registry operating outside of the
United States. This final rule made the general operating rules of
Subpart A and the maintenance rules of Subpart C of Part 91 applicable
to U.S. registered civil aircraft operations outside of, as well as
within, the United States. (See 31 FR 8354; June 15, 1966.) Section
91.1, Applicability, was amended by adding paragraph (b)(3), which
provided that ``Each person operating a civil aircraft of U.S. registry
outside of the United States shall * * * Except for Sec. Sec.
91.15(b), 91.17, 91.38, and 91.43, comply with Subparts A and C of this
part so far as they are not inconsistent with applicable regulations of
the foreign country where the aircraft is operated or Annex 2 to the
Convention on International Civil Aviation.''
    On August 18, 1989, the FAA issued a final rule that recodified
Part 91 (54 FR 34284). The purpose of this action was to reorganize and
clarify existing rules.\1\ The FAA designated new Sec.  91.703--
Operations of civil aircraft of U.S. registry outside of the United
States, and moved several paragraphs from Sec.  91.1 relating to the
operation of U.S. registered aircraft outside the U.S. to the newly
established Sec.  91.703. Specifically, paragraph (b)(3) of Sec.  91.1
was moved to Sec.  91.703(a)(3). The FAA did not intend any substantive
change to this paragraph.
---------------------------------------------------------------------------

    \1\ The FAA also made four substantive changes to the
regulations during this rulemaking that are not at issue in this
rule.
---------------------------------------------------------------------------

    As recodified, Sec.  91.703 provides that ``Each person operating a
civil aircraft of U.S. registry outside of the United States shall * *
* (3) Except for Sec. Sec.  91.307(b), 91.309, 91.323, and 91.711,
comply with this part so far as it is not inconsistent with applicable
regulations of the foreign country where the aircraft is operated or
annex 2 of the Convention of International Civil Aviation.'' Referring
to ``this part'' instead of referring specifically to subparts A and C
in part 91 substantively affects the regulatory requirements. Under the
current language, except for the four noted exceptions, all the
provisions of part 91 apply to U.S. registered aircraft operating
outside of the United States.
    The FAA has reviewed this matter, as it applies to the speed
restrictions articulated in Sec.  91.117(a).\2\ The current regulatory
text of Sec.  91.703(a)(3) makes the speed restrictions of Sec.
91.117(a) applicable to U.S registered civil aircraft when operating
outside the United States (and not within a foreign country). We
conclude that the final rule in 1989 erroneously changed the
requirements and that this result was unintended. This rule corrects
that error. The FAA will further review Part 91 to determine whether
there are similar issues that need to be addressed.
---------------------------------------------------------------------------

    \2\ Section 91.117(a) provides that unless otherwise authorized
by the Administrator, no person may operate an aircraft below 10,000
feet mean sea level (MSL) at an indicated airspeed of more than 250
knots (288 m.p.h.).
---------------------------------------------------------------------------

Good Cause for Immediate Adoption of This Final Rule

    On the basis of the above information, the FAA finds that immediate
action is necessary to correct the regulations to accurately depict the
agency's intentions. As a practical matter, the FAA is aware that most
of the affected industry was unaware of the literal effect of the
recodification with respect to the speed restrictions contained in
Sec.  91.117(a). Until recently, the FAA was not aware of the error,
and has proceeded from an operational perspective that the speed
restrictions of Sec.  91.117(a) do not apply to U.S. registered
aircraft, via Sec.  91.703(a)(3), when operating outside the U.S. (and
not within another country's territorial airspace).\3\
---------------------------------------------------------------------------

    \3\ The FAA's Office of the Chief Counsel realized this issue in
issuing an interpretation dated October 12, 2005 to Mr. Michael Di
Marco, which concludes appropriately that the speed restriction of
Sec.  91.117(a) does in fact apply to U.S. registered civil aircraft
when operating over the high seas under the current regulations.
This interpretation was reaffirmed on April 10, 2007, in the
agency's response to Mr. David Shacknai. Concurrent with the
adoption of this final rule, the FAA will rescind the interpretation
as it is no longer valid.
---------------------------------------------------------------------------

    Because the circumstances described in this notice warrant
immediate action by the FAA to correct and accurately depict the
regulatory requirements, I find that notice and public comment under 5
U.S.C. 553(b) are impracticable and contrary to the public interest.
Further, I find that good cause exists for making this rule effective
immediately upon publication.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. Therefore, any small entity that has a question regarding
this document may contact their local FAA official, or the person
listed under the FOR FURTHER INFORMATION CONTACT. You can find out more
about SBREFA on the Internet at our site, http://www.faa.gov/
regulations--policies/rulemaking/sbre--act/.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that there
is no new information collection requirement associated with this
direct final rule.
    An agency may not collect or sponsor the collection of information,
nor may it impose an information collection requirement unless it
displays a currently valid Office of Management and Budget (OMB)
control number.

International Compatibility

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with ICAO
Standards and Recommended Practices to the maximum extent practicable.
The FAA has reviewed the corresponding ICAO Standards and Recommended
Practices and has identified no differences with these regulations.

Economic Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that

each Federal agency shall propose or adopt a regulation only upon a
reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, this Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995).
    In conducting these analyses, FAA has determined this rule-- (1)
Has benefits which do justify its costs, is not a ``significant
regulatory action'' as defined in the Executive Order and is not
``significant'' as defined in DOT's Regulatory Policies and Procedures;
(2) will not have a significant impact on a substantial number of small
entities; (3) reduces barriers to international trade; and (4) does not
impose an unfunded mandate on state, local, or tribal governments, or
on the private sector. These analyses, available in the docket, are
summarized below.
    Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination follows:
    Since this final rule merely corrects an inadvertent error in the
regulations, the expected outcome will be a minimal impact with
positive net benefits, and a regulatory evaluation was not prepared.
FAA has, therefore, determined that this final rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
    This final rule corrects an inadvertent error in the regulations.
Its economic impact is minimal. Therefore, we certify that this action
will not have a significant economic impact on a substantial number of
small entities.
    Therefore, as the FAA Acting Administrator, I certify that this
final rule will not have a significant economic impact on a substantial
number of small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Legitimate domestic objectives, such as safety, are
not considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this final rule and has determined that it will
impose no costs on domestic and international entities and thus has a
neutral trade impact.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(adjusted annually for inflation with the base year 1995) in any one
year by State, local, and tribal governments, in the aggregate, or by
the private sector; such a mandate is deemed to be a ``significant
regulatory action.'' The FAA currently uses an inflation-adjusted value
of $128.1 million in lieu of $100 million.
    This final rule does not contain such a mandate.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, we determined that this final rule does not have
federalism implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 312f and involves no
extraordinary circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or
Use

    The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order because it is
not a ``significant regulatory action'' under Executive Order 12866,
and it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.

List of Subjects in 14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Aviation safety, Reporting
and recordkeeping requirements.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends Chapter I of Title 14, Code of Federal Regulations as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717,
44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-
47531, articles 12 and 29 of the Convention on International Civil
Aviation (61 Stat. 1180).

0
2. Amend Sec.  91.703 by revising paragraph (a)(3) to read as follows:

Sec.  91.703  Operations of civil aircraft of U.S. registry outside of
the United States.

    (a) * * *
    (3) Except for Sec. Sec.  91.117(a), 91.307(b), 91.309, 91.323, and
91.711, comply with this part so far as it is not inconsistent with
applicable regulations of the foreign country where the aircraft is
operated or annex 2 of the Convention on International Civil Aviation;
and
* * * * *

    Issued in Washington, DC on February 15, 2008.
Robert A. Sturgell,
Acting Administrator.
[FR Doc. E8-3583 Filed 2-25-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: August 19, 2009 (Volume 74, Number 159)]
[Proposed Rules]
[Page 41810-41813]
[DOCID:fr19au09-12]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0714; Directorate Identifier 2009-NM-041-AD]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -
145EP, 145ER, -145MP, -145MR, -145XR, and 145LR Airplanes Modified in
Accordance With Brazilian Supplemental Type Certificate (STC) 2002S06-
09, 2002S06-10, or 2003S08-01

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as: It was reported that after commanding the landing gear
lever to down the three green landing gear positioning indication was
displayed followed by the LG/LEVER DISAGREE EICAS [engine indicating
and crew alerting system] message. The crew decided to continue the
approach and landing procedure. As soon as the crew identified that the
landing gear was not extended properly, a go-around procedure was
successfully performed. During maneuver, the airplane settled
momentarily onto the flaps and belly.
    The unsafe condition is the landing gear remaining in the up and
locked position during approach and landing and accompanied by an
invalid EICAS landing gear position indication, which could result in
landing with gear in the up position, and eliminate controllability of
the airplane on ground. This may consequently result in structural
damage to the airplane. The proposed AD would require actions that are
intended to address the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by September 18,
2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--
12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone: +55 12
3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail:
<EMAIL_ADDRESS>Internet: http://www.flyembraer.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0714;
Directorate Identifier 2009-NM-041-AD'' at the beginning of your
comments. We specifically invite

comments on the overall regulatory, economic, environmental, and energy
aspects of this proposed AD. We will consider all comments received by
the closing date and may amend this proposed AD based on those
comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2009-01-01, effective January 8, 2009, as
corrected by Brazilian Airworthiness Directive Errata, effective
January 20, 2009 (referred to after this as ``the MCAI''), to correct
an unsafe condition for the specified products. The MCAI states:

    It was reported that after commanding the landing gear lever to
down the three green landing gear positioning indication was
displayed followed by the LG/LEVER DISAGREE EICAS [engine indicating
and crew alerting system] message. The crew decided to continue the
approach and landing procedure. As soon as the crew identified that
the landing gear was not extended properly, a go-around procedure
was successfully performed. During maneuver, the airplane settled
momentarily onto the flaps and belly.
* * * * *

The unsafe condition is the landing gear remaining in the up and locked
position during approach and landing and accompanied by an invalid
EICAS landing gear position indication, which could result in landing
with gear in the up position, and eliminate controllability of the
airplane on ground. This may consequently result in structural damage
to the airplane. Required actions include replacing the landing gear
electronic unit with a new one having a new part number. You may obtain
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Service Bulletins 145-32-0120, Revision 01,
dated November 4, 2008; and 145LEG-32-0032, Revision 02, dated February
17, 2009. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 711 products of U.S. registry. We also estimate that
it would take about 2 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $0 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these costs.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $113,760, or $160 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2009-0714; Directorate Identifier 2009-NM-041-AD.

Comments Due Date

    (a) We must receive comments by September 18, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ, -135ER, -135KE,
-135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes, certificated in any category, modified according to
Brazilian Supplemental Type Certificate 2002S06-09, 2002S06-10 or
2003S08-01, and equipped with landing gear electronic unit (LGEU)
part number (P/N) 355-022-002.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing
gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    It was reported that after commanding the landing gear lever to
down the three green landing gear positioning indication was
displayed followed by the LG/LEVER DISAGREE EICAS [engine indicating
and crew alerting system] message. The crew decided to continue the
approach and landing procedure. As soon as the crew identified that
the landing gear was not extended properly, a go-around procedure
was successfully performed.
    During maneuver, the airplane settled momentarily onto the flaps
and belly.
* * * * *
The unsafe condition is the landing gear remaining in the up and
locked position during approach and landing and accompanied by an
invalid EICAS landing gear position indication, which could result
in landing with gear in the up position, and eliminate
controllability of the airplane on ground. This may consequently
result in structural damage to the airplane. Required actions
include replacing the LGEU with a new one having a new part number.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 12 months after the effective date of this AD,
replace any LGEU P/N 355-022-002 having a serial number (S/N) 1000
through 1999 inclusive with a new LGEU having P/N 355-022-003, in
accordance with the Accomplishment Instructions of Embraer Service
Bulletin 145-32-0120, Revision 01, dated November 4, 2008; or
145LEG-32-0032, Revision 02, dated February 17, 2009; as applicable.
    (2) As of 12 months after the effective date of this AD, no
person may install on any airplane an LGEU having a P/N 355-022-002
and S/N 1000 through 1999 inclusive.
    (3) Within 30 months after the effective date of this AD,
replace any LGEU P/N 355-022-002 having a serial number not
identified in paragraph (f)(1) of this AD, with a new LGEU having a
P/N 355-022-003, in accordance with the Accomplishment Instructions
of Embraer Service Bulletin 145-32-0120, Revision 01, dated November
4, 2008; or 145LEG-32-0032, Revision 02, dated February 17, 2009; as
applicable.
    (4) As of 30 months after the effective date of this AD, no
person may install on any airplane an LGEU having a P/N 355-022-002.
    (5) Replacement of the LGEU is also acceptable for compliance
with the requirements of paragraph (f) of this AD if done before the
effective date of this AD in accordance with one of the service
bulletins identified in Table 1 of this AD:

                                        Table 1--Credit Service Bulletins
----------------------------------------------------------------------------------------------------------------
       Embraer Service Bulletin--                  Revision--                           Dated--
----------------------------------------------------------------------------------------------------------------
145LEG-32-0032..........................  Original...................  October 8, 2008.
145LEG-32-0032..........................  01.........................  November 4, 2008.
145-32-0120.............................  Original...................  September 15, 2008.
----------------------------------------------------------------------------------------------------------------

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows:
    Although Embraer Service Bulletins 145LEG-32-0032, Revision 02,
dated February 17, 2009; and 145-32-0120, Revision 01, dated
November 4, 2008; specify that no person may install on any airplane
an LGEU P/N 355-022-002 as of 30 months after the effective date of
this AD, we have determined that no LGEU P/N 355-022-002 with a S/N
1000 through 1999 inclusive may be installed 12 months after the
effective date of this AD. Allowing installation of those serial
numbers beyond 12 months would not address the identified unsafe
condition and ensure an adequate level of safety. This difference
has been coordinated with the Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC).

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1405; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI ANAC Airworthiness Directive 2009-01-01,
effective January 8, 2009, as corrected by Brazilian Airworthiness
Directive Errata, effective January 20, 2009; and the service
bulletins listed in Table 2 of this AD; for related information.

                                       Table 2--Related Service Bulletins
----------------------------------------------------------------------------------------------------------------
          Embraer Service Bulletin--             Revision--                         Dated--
----------------------------------------------------------------------------------------------------------------
145-32-0120..................................              01  November 4, 2008.
145LEG-32-0032...............................              02  February 17, 2009.
----------------------------------------------------------------------------------------------------------------

    Issued in Renton, Washington, on August 7, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-19853 Filed 8-18-09; 8:45 am]

BILLING CODE 4910-13-P