[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Rules and Regulations]
[Pages 8190-8192]
[FR Doc No: 2022-03096]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 870

[Docket No. FDA-2021-N-0999]

Medical Devices; Cardiovascular Devices; Classification of the
Adjunctive Predictive Cardiovascular Indicator

AGENCY: Food and Drug Administration, Department of Health and Human
Services (HHS).

ACTION: Final amendment; final order.

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SUMMARY: The Food and Drug Administration (FDA or we) is classifying
the adjunctive predictive cardiovascular indicator into class II
(special controls). The special controls that apply to the device type
are identified in this order and will be part of the codified language
for the adjunctive predictive cardiovascular indicator's
classification. We are taking this action because we have determined
that classifying the device into class II (special controls) will
provide a reasonable assurance of safety and effectiveness of the
device. We believe this action will also enhance patients' access to
beneficial innovative devices.

DATES: This order is effective February 14, 2022. The classification
was applicable on March 16, 2018.

FOR FURTHER INFORMATION CONTACT: Aneesh Deoras, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 2564, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Upon request, FDA has classified the adjunctive predictive
cardiovascular indicator as class II (special controls), which we have
determined will provide a reasonable assurance of safety and
effectiveness. In addition, we believe this action will enhance
patients' access to beneficial innovation, by placing the device into a
lower device class than the automatic class III assignment.
    The automatic assignment of class III occurs by operation of law
and without any action by FDA, regardless of the level of risk posed by
the new device. Any device that was not in commercial distribution
before May 28, 1976, is automatically classified as, and remains
within, class III and requires premarket approval unless and until FDA
takes an action to classify or reclassify the device (see 21 U.S.C.
360c(f)(1)). We refer to these devices as ``postamendments devices''
because they were not in commercial distribution prior to the date of
enactment of the Medical Device Amendments of 1976, which amended the
Federal Food, Drug, and Cosmetic Act (FD&C Act).
    FDA may take a variety of actions in appropriate circumstances to
classify or reclassify a device into class I or II. We may issue an
order finding a new device to be substantially equivalent under section
513(i) of the FD&C Act (see 21 U.S.C. 360c(i)) to a predicate device
that does not require premarket approval. We determine whether a new
device is substantially equivalent to a predicate device by means of
the procedures for premarket notification under section 510(k) of the
FD&C Act (21 U.S.C. 360(k)) and part 807 (21 CFR part 807).
    FDA may also classify a device through ``De Novo'' classification,
a common name for the process authorized under section 513(f)(2) of the
FD&C Act. Section 207 of the Food and Drug Administration Modernization
Act of 1997 (Pub. L. 105-115) established the first procedure for De
Novo classification. Section 607 of the Food and Drug Administration
Safety and Innovation Act (Pub. L. 112-144) modified the De Novo
application process by adding a second procedure. A device sponsor may
utilize either procedure for De Novo classification.
    Under the first procedure, the person submits a 510(k) for a device
that has not previously been classified. After receiving an order from
FDA classifying the device into class III under section 513(f)(1) of
the FD&C Act, the person then requests a classification under section
513(f)(2).
    Under the second procedure, rather than first submitting a 510(k)
and then a request for classification, if the person determines that
there is no legally marketed device upon which to base a determination
of substantial equivalence, that person requests a classification under
section 513(f)(2) of the FD&C Act.
    Under either procedure for De Novo classification, FDA is required
to classify the device by written order within 120 days. The
classification will be according to the criteria under section
513(a)(1) of the FD&C Act. Although the device was automatically placed
within class III, the De Novo classification is considered to be the
initial classification of the device.
    We believe this De Novo classification will enhance patients'
access to beneficial innovation. When FDA classifies a device into
class I or II via the De Novo process, the device can

serve as a predicate for future devices of that type, including for
510(k)s (see section 513(f)(2)(B)(i) of the FD&C Act). As a result,
other device sponsors do not have to submit a De Novo request or
premarket approval application to market a substantially equivalent
device (see section 513(i) of the FD&C Act, defining ``substantial
equivalence''). Instead, sponsors can use the less-burdensome 510(k)
process, when necessary, to market their device.

II. De Novo Classification

    On September 26, 2016, FDA received Edwards Lifesciences, LLC's
request for De Novo classification of the Acumen Hypotension Prediction
Index (HPI) Feature Software. FDA reviewed the request in order to
classify the device under the criteria for classification set forth in
section 513(a)(1) of the FD&C Act.
    We classify devices into class II if general controls by themselves
are insufficient to provide reasonable assurance of safety and
effectiveness, but there is sufficient information to establish special
controls that, in combination with the general controls, provide
reasonable assurance of the safety and effectiveness of the device for
its intended use (see 21 U.S.C. 360c(a)(1)(B)). After review of the
information submitted in the request, we determined that the device can
be classified into class II with the establishment of special controls.
FDA has determined that these special controls, in addition to the
general controls, will provide reasonable assurance of the safety and
effectiveness of the device.
    Therefore, on March 16, 2018, FDA issued an order to the requester
classifying the device into class II. In this final order, FDA is
codifying the classification of the device by adding 21 CFR
870.2210.\1\ We have named the generic type of device adjunctive
predictive cardiovascular indicator, and it is identified as a
prescription device that uses software algorithms to analyze
cardiovascular vital signs and predict future cardiovascular status or
events. This device is intended for adjunctive use with other physical
vital sign parameters and patient information and is not intended to
independently direct therapy.
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    \1\ FDA notes that the ``ACTION'' caption for this final order
is styled as ``Final amendment; final order,'' rather than ``Final
order.'' Beginning in December 2019, this editorial change was made
to indicate that the document ``amends'' the Code of Federal
Regulations. The change was made in accordance with the Office of
Federal Register's (OFR) interpretations of the Federal Register Act
(44 U.S.C. chapter 15), its implementing regulations (1 CFR 5.9 and
parts 21 and 22), and the Document Drafting Handbook.
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    FDA has identified the following risks to health associated
specifically with this type of device and the measures required to
mitigate these risks in table 1.

    Table 1--Adjunctive Predictive Cardiovascular Indicator Risks and
                           Mitigation Measures
------------------------------------------------------------------------
             Identified risks                    Mitigation measures
------------------------------------------------------------------------
Delayed or incorrect treatment due to       Software verification,
 erroneous device output resulting from      validation, and hazard
 software malfunction or algorithm error.    analysis;
                                            Non-clinical performance
                                             testing;
                                            Clinical performance
                                             testing; and Labeling.
Delayed or incorrect treatment due to user  Usability assessment, and
 misinterpretation or overreliance on        Labeling.
 indicator.
------------------------------------------------------------------------

    FDA has determined that special controls, in combination with the
general controls, address these risks to health and provide reasonable
assurance of safety and effectiveness. For a device to fall within this
classification, and thus avoid automatic classification in class III,
it would have to comply with the special controls named in this final
order. The necessary special controls appear in the regulation codified
by this order. This device is subject to premarket notification
requirements under section 510(k) of the FD&C Act.
    At the time of classification, adjunctive predictive cardiovascular
indicators are for prescription use only. Prescription devices are
exempt from the requirement for adequate directions for use for the
layperson under section 502(f)(1) of the FD&C Act (21 U.S.C. 352(f)(1))
and 21 CFR 801.5, as long as the conditions of 21 CFR 801.109 are met.

III. Analysis of Environmental Impact

    The Agency has determined under 21 CFR 25.34(b) that this action is
of a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

IV. Paperwork Reduction Act of 1995

    This final order establishes special controls that refer to
previously approved collections of information found in other FDA
regulations and guidance. These collections of information are subject
to review by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). The collections
of information in the guidance document ``De Novo Classification
Process (Evaluation of Automatic Class III Designation)'' have been
approved under OMB control number 0910-0844; the collections of
information in 21 CFR part 814, subparts A through E, regarding
premarket approval, have been approved under OMB control number 0910-
0231; the collections of information in part 807, subpart E, regarding
premarket notification submissions, have been approved under OMB
control number 0910-0120; the collections of information in 21 CFR part
820, regarding quality system regulation, have been approved under OMB
control number 0910-0073; and the collections of information in 21 CFR
part 801, regarding labeling, have been approved under OMB control
number 0910-0485.

List of Subjects in 21 CFR Part 870

    Medical devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act, and
under authority delegated to the Commissioner of Food and Drugs, 21 CFR
part 870 is amended as follows:

PART 870--CARDIOVASCULAR DEVICES

0
1. The authority citation for part 870 continues to read as follows:

    Authority:  21 U.S.C. 351, 360, 360c, 360e, 360j, 360l, 371.

0
2. Add Sec.  870.2210 to subpart C to read as follows:

Sec.  870.2210  Adjunctive predictive cardiovascular indicator.

    (a) Identification. The adjunctive predictive cardiovascular
indicator is a prescription device that uses software algorithms to
analyze cardiovascular

vital signs and predict future cardiovascular status or events. This
device is intended for adjunctive use with other physical vital sign
parameters and patient information and is not intended to independently
direct therapy.
    (b) Classification. Class II (special controls). The special
controls for this device are:
    (1) A software description and the results of verification and
validation testing based on a comprehensive hazard analysis and risk
assessment must be provided, including:
    (i) A full characterization of the software technical parameters,
including algorithms;
    (ii) A description of the expected impact of all applicable sensor
acquisition hardware characteristics and associated hardware
specifications;
    (iii) A description of sensor data quality control measures;
    (iv) A description of all mitigations for user error or failure of
any subsystem components (including signal detection, signal analysis,
data display, and storage) on output accuracy;
    (v) A description of the expected time to patient status or
clinical event for all expected outputs, accounting for differences in
patient condition and environment; and
    (vi) The sensitivity, specificity, positive predictive value, and
negative predictive value in both percentage and number form.
    (2) A scientific justification for the validity of the predictive
cardiovascular indicator algorithm(s) must be provided. This
justification must include verification of the algorithm calculations
and validation using an independent data set.
    (3) A human factors and usability engineering assessment must be
provided that evaluates the risk of misinterpretation of device output.
    (4) A clinical data assessment must be provided. This assessment
must fulfill the following:
    (i) The assessment must include a summary of the clinical data
used, including source, patient demographics, and any techniques used
for annotating and separating the data.
    (ii) The clinical data must be representative of the intended use
population for the device. Any selection criteria or sample limitations
must be fully described and justified.
    (iii) The assessment must demonstrate output consistency using the
expected range of data sources and data quality encountered in the
intended use population and environment.
    (iv) The assessment must evaluate how the device output correlates
with the predicted event or status.
    (5) Labeling must include:
    (i) A description of what the device measures and outputs to the
user;
    (ii) Warnings identifying sensor acquisition factors that may
impact measurement results;
    (iii) Guidance for interpretation of the measurements, including a
statement that the output is adjunctive to other physical vital sign
parameters and patient information;
    (iv) A specific time or a range of times before the predicted
patient status or clinical event occurs, accounting for differences in
patient condition and environment;
    (v) Key assumptions made during calculation of the output;
    (vi) The type(s) of sensor data used, including specification of
compatible sensors for data acquisition;
    (vii) The expected performance of the device for all intended use
populations and environments; and
    (viii) Relevant characteristics of the patients studied in the
clinical validation (including age, gender, race or ethnicity, and
patient condition) and a summary of validation results.

    Dated: February 7, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-03096 Filed 2-11-22; 8:45 am]
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[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Page 33805]
[FR Doc No: 2022-11910]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4522-DR; Docket ID FEMA-2022-0001]

Maine; Amendment No. 9 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Maine (FEMA-4522-DR), dated April 4, 2020, and related
determinations.

DATES: This change occurred on May 17, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Lori A.
Ehrlich, of FEMA is appointed to act as the Federal Coordinating
Officer for this disaster.
    This action terminates the appointment of Paul F. Ford as Federal
Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-11910 Filed 6-2-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: October 7, 2010 (Volume 75, Number 194)]
[Notices]
[Page 62135]
[DOCID:fr07oc10-67]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

Notice of Adjustment of Statewide Per Capita Impact Indicator

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: FEMA gives notice that the statewide per capita impact
indicator under the Public Assistance program for disasters declared on
or after October 1, 2010, will be increased.

DATES: Effective Date: October 1, 2010, and applies to major disasters
declared on or after October 1, 2010.

FOR FURTHER INFORMATION CONTACT: Tod Wells, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: 44 CFR 206.48 provides that FEMA will adjust
the statewide per capita impact indicator under the Public Assistance
program to reflect changes in the Consumer Price Index for All Urban
Consumers published by the Department of Labor.
    FEMA gives notice that the statewide per capita impact indicator
will be increased to $1.30 for all disasters declared on or after
October 1, 2010.
    FEMA bases the adjustment on an increase in the Consumer Price
Index for All Urban Consumers of 1.1 percent for the 12-month period
ended in August 2010. The Bureau of Labor Statistics of the U.S.
Department of Labor released the information on September 17, 2010.

(Catalog of Federal Domestic Assistance No. 97.036, Public
Assistance Grants.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-25334 Filed 10-6-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Notices]
[Page 4291]
[DOCID:fr24ja08-115]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon written request, copies available from: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.

Extension: Rule 104: OMB Control No. 3235-0465; SEC File No. 270-
411.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
     Rule 104 of Regulation M (17 CFR 242.104)--Stabilizing and
Other Activities in Connection with an Offering.
    Rule 104 permits stabilizing by a distribution participant during a
distribution so long as the distribution participant discloses
information to the market and investors. This rule requires disclosure
in offering materials of the potential stabilizing transactions and
that the distribution participant inform the market when a stabilizing
bid is made. It also requires the distribution participants (i.e., the
syndicate manager) to maintain information regarding syndicate covering
transactions and penalty bids and disclose such information to the SRO.
    There are approximately 795 respondents per year that require an
aggregate total of 159 hours to comply with this rule. Each respondent
makes an estimated 1 annual response. Each response takes approximately
0.20 hours (12 minutes) to complete. Thus, the total compliance burden
per year is 159 burden hours. The total compliance cost for the
respondents is approximately $8,943.75, resulting in a cost of
compliance for the respondent per response of approximately $11.25
(i.e., $8,943.75 / 795 responses).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Comments should be directed to: R. Corey Booth, Director/Chief
Information Officer, Securities and Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send
an e-mail to<EMAIL_ADDRESS>Comments must be submitted within
60 days of this notice.

    Dated: January 15, 2008.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-1158 Filed 1-23-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: September 15, 2008 (Volume 73, Number 179)]
[Notices]
[Page 53319]
[DOCID:fr15se08-137]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Forty-Sixth Meeting, RTCA Special Committee 186: Automatic
Dependent Surveillance-Broadcast (ADS-B)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 186 Automatic Dependent
Surveillance Broadcast (ADS-B) meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 186 Automatic Dependent Surveillance
Broadcast (ADS-B).

DATES: The meeting will be held September 22-25, 2008, at 9 a.m.
(Unless Otherwise Noted).

ADDRESSES: The meeting will be held at RTCA Conference Rooms, 1828 L
Street, NW., Suite 805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: (1) RTCA Secretariat, 1828 L Street,
NW., Suite 805, Washington, DC 20036,<PHONE_NUMBER>; fax (202) 833-
9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Special Committee 186 meeting. The agenda will
include:

 Sept. 22: Monday

     All Day, Working Group 1, ATSA SURF IA, Colson Board Room.
     All Day, Requirements Focus Group (RFG), Maclntosh-NBAA
Room & Hilton ATA Room.
 Sept. 23: Tuesday

     All Day, Working Group 1, ATSA SURF IA, Colson Board Room.
     All Day, Requirements Focus Group (RFG), Maclntosh-NBAA
Room & Hilton ATA Room.
     All Day, Ad Hoc--CDII Symbology, ARINC Room.
 April 24: Wednesday

     All Day, Working Group 1, ATSA SURF IA, ARINC Room.
     All Day, Requirements Focus Group (RFG). Maclntosh-NBAA
Room & Hilton ATA Room.
     All Day, Ad Hoc--CDII Symbology, Garmin Room.
     All Day, Working Group 4, Colson Board Room.
 Sept. 25: Thursday

     Open Plenary (Chairman's Introductory Remarks, Review
Meeting Agenda, Review/Approval of the Forty-Fifth Meeting Summary,
RICA Paper No. 207 08/SC 186-266, Date, Place, and Time of Next
Meeting).
     FAA Surveillance and Broadcast Services (SBS) Program--
Status.
     Review of EUROCAE WG-51 Activities.
     Working Group Reports.
     WG-1--Operations and Implementation.
     WG-2--TIS-B MASPS.
     WG-3--1090 MHz MOPS.
     WG-4--Applications Technical Requirements.
     WG-5--UAT MOPS.
     RFG--Requirements Focus Group.
     Ad Hock Reports.
     CDTI Symbology.
     TIS-B Service Status.
     Consider for Approval--New Document--Safety, Performance
and Interoperability Requirements Document for Enhanced Visual
Separation on Approach (ATSA-VSA), RTCA Paper No. 190-08/SC 186-265.
     Closing Plenary Session (New/Other Business, Review
Actions Items/Work Program, Adjourn).
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on September 2, 2008.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. E8-21189 Filed 9-12-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: February 2, 2009 (Volume 74, Number 20)]
[Notices]
[Page 5835-5837]
[DOCID:fr02fe09-34]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

January 27, 2009.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP01-377-015.
    Applicants: Northern Border Pipeline Company.
    Description: Northern Border Pipeline Company submits Twenty-First
Revised Sheet 99A to FERC Gas Tariff, First Revised Volume 1.
    Filed Date: 01/06/2009.
    Accession Number: 20090108-0104.
    Comment Date: 5 p.m. Eastern Time on Friday, January 30, 2009.

    Docket Numbers: RP09-234-000.
    Applicants: Black Marlin Pipeline Company.
    Description: Petition of Black Marlin Pipeline Company for
Extension of Temporary Exemptions from Tariff Provisions.
    Filed Date: 01/22/2009.
    Accession Number: 20090122-5161.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 3, 2009.

    Docket Numbers: RP09-235-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Trailblazer Pipeline Company LLC submits report on the
refund of penalty revenues.
    Filed Date: 01/22/2009.
    Accession Number: 20090123-0333.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 3, 2009.

    Docket Numbers: RP09-236-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Trailblazer Pipeline Company LLC submits First Revised
Sheet 175 et al. to FERC Gas Tariff, Fourth Revised Volume 1, to be
effective 2/22/09.
    Filed Date: 01/22/2009.
    Accession Number: 20090123-0332.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 3, 2009.

    Docket Numbers: RP09-237-000.
    Applicants: Pine Prairie Energy Center, LLC.
    Description: Pine Prairie Energy Center, LLC submits First Revised
Sheet 114 et al. to FERC Gas Tariff, Original Volume 1.
    Filed Date: 01/21/2009.
    Accession Number: 20090123-0331.
    Comment Date: 5 p.m. Eastern Time on Monday, February 2, 2009.

    Docket Numbers: RP09-238-000.
    Applicants: NGO Transmission, Inc.
    Description: NGO Transmission, Inc. submits First Revised Sheet 92
et al. to FERC Gas Tariff, Original Volume 1, to be effective 3/1/09.
    Filed Date: 01/22/2009.
    Accession Number: 20090123-0330.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 3, 2009.

    Docket Numbers: RP09-239-000.
    Applicants: Pine Needle LNG Company, LLC.
    Description: Pine Needle LNG Company, LLC submits Second Revised
Sheet 11 et al. to FERC Gas Tariff, Original Volume 1.
    Filed Date: 01/22/2009.
    Accession Number: 20090123-0329.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 3, 2009.

    Docket Numbers: RP09-240-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Natural Gas Pipeline Company of America LLC submits
First Revised Sheet 406 et al. to its FERC Gas Tariff, Seventh Revised
Volume 1, to be effective 2/22/09.
    Filed Date: 01/22/2009.
    Accession Number: 20090123-0328.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 3, 2009.

    Docket Numbers: RP09-241-000.
    Applicants: Panther Interstate Pipeline Energy, LLC.
    Description: Panther Interstate Pipeline Energy, LLC submits First
Revised Sheet 42 et al. to FERC Gas Tariff, Original Volume 1, to be
effective 2/21/09.
    Filed Date: 01/22/2009.
    Accession Number: 20090123-0327.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 3, 2009.

    Docket Numbers: RP09-242-000.
    Applicants: MarkWest New Mexico, L.L.C.
    Description: Mark West New Mexico, LLC submits First Revised Sheet
136 et al. to FERC Gas Tariff, Second Revised Volume 1.
    Filed Date: 01/22/2009.
    Accession Number: 20090123-0335.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 3, 2009.

    Docket Numbers: RP09-243-000.
    Applicants: Kinder Morgan Illinois Pipeline LLC.
    Description: Kinder Morgan Illinois Pipeline LLC submits First
Revised Sheet 167 et al. to its FERC Gas Tariff, Original Volume 1, to
be effective 2/22/09.
    Filed Date: 01/22/2009.
    Accession Number: 20090123-0326.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 3, 2009.

    Docket Numbers: RP09-244-000.
    Applicants: Vector Pipeline, L.P.
    Description: Vector Pipeline, LP submits Fourth Revised Sheet 137
et al. to FERC Gas Tariff, Original Volume 1, proposed to be effective
2/21/09.
    Filed Date: 01/22/2009.
    Accession Number: 20090123-0325.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 3, 2009.

    Docket Numbers: RP09-245-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Transcontinental Gas Pipe Line Company, LLC submits
First Revised Sheet 114 et al. to its FERC Gas Tariff, Fourth Revised
Volume 1, to be effective 2/22/09.
    Filed Date: 01/22/2009.
    Accession Number: 20090123-0324.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 3, 2009.

    Docket Numbers: RP09-246-000.
    Applicants: Horizon Pipeline Company, L.L.C.
    Description: Horizon Pipeline Company, LLC submit First Revised
Sheet 159A et al. to FERC Gas Tariff, Original Volume 1 under.
    Filed Date: 01/22/2009.
    Accession Number: 20090123-0334.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 3, 2009.

    Docket Numbers: RP09-247-000.
    Applicants: Trunkline LNG Company, LLC.
    Description: Trunkline LNG Company, LLC submits Third Revised Sheet
23 et al. to FERC Gas Tariff, Second Revised Volume 1A.
    Filed Date: 01/23/2009.
    Accession Number: 20090126-0204.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 4, 2009.

    Docket Numbers: RP09-248-000.
    Applicants: Southwest Gas Storage Company.
    Description: Southwest Gas Storage Company submits Twenty Fifth
Revised Sheet 5 et al. to FERC Gas Tariff, First Revised Volume 1.
    Filed Date: 01/23/2009.
    Accession Number: 20090126-0203.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 4, 2009.

    Docket Numbers: RP09-249-000.
    Applicants: Sea Robin Pipeline Company, LLC.
    Description: Sea Robin Pipeline Company, LLC submits Sixth Revised
Sheet 5 et al. to FERC Gas Tariff, Second Revised Volume 1.
    Filed Date: 01/23/2009.
    Accession Number: 20090126-0202.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 4, 2009.

    Docket Numbers: RP09-250-000.
    Applicants: Trunkline Gas Company, LLC.
    Description: Trunkline Gas Company, LLC submits Nineteenth Revised
Sheet 10 et al. to FERC Gas Tariff, Third Revised Volume 1, to be
effective 2/23/09.
    Filed Date: 01/23/2009.
    Accession Number: 20090126-0201.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 4, 2009.

    Docket Numbers: RP09-251-000.
    Applicants: Destin Pipeline Company, LLC.

    Description: Destin Pipeline Company, LLC submits Fourth Revised
Sheet 98 et al. to FERC Gas Tariff, Original Volume 1.
    Filed Date: 01/23/2009.
    Accession Number: 20090126-0211.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 4, 2009.

    Docket Numbers: RP09-252-000.
    Applicants: Northern Natural Gas Company.
    Description: Petition of Northern Natural Gas Company for a limited
waiver of tariff provisions.
    Filed Date: 01/23/2009.
    Accession Number: 20090126-0210.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 4, 2009.

    Docket Numbers: RP09-253-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Florida Gas Transmission Company, LLC submits Appendix
A to its FERC Gas Tariff, Fourth Revised Volume 1.
    Filed Date: 01/23/2009.
    Accession Number: 20090126-0209.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 4, 2009.

    Docket Numbers: RP09-254-000.
    Applicants: Transwestern Pipeline Company, LLC.
    Description: Transwestern Pipeline Company submits Fifth Revised
Sheet 1 et al. of its FERC Gas Tariff, Third Revised Volume 1, to be
effective 3/1/09.
    Filed Date: 01/23/2009.
    Accession Number: 20090126-0208.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 4, 2009.

    Docket Numbers: RP09-255-000.
    Applicants: Guardian Pipeline, LLC.
    Description: Guardian Pipeline, LLC submits Second Revised Sheet
181 et al. of its FERC Gas Tariff, Original Volume 1, to be effective
2/1/09.
    Filed Date: 01/23/2009.
    Accession Number: 20090126-0206.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 4, 2009.

    Docket Numbers: RP09-256-000.
    Applicants: Panhandle Eastern Pipe Line Company, LP.
    Description: Panhandle Eastern Pipe Line Company, LP submits
Twenty-First Revised Sheet 4 et al. to its FERC Gas Tariff, Third
Revised Volume 1, to be effective 2/2/09.
    Filed Date: 01/23/2009.
    Accession Number: 20090126-0207.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 4, 2009.

    Docket Numbers: RP09-257-000.
    Applicants: Kinder Morgan Louisiana Pipeline LLC.
    Description: Kinder Morgan Louisiana Pipeline LLC submits a
Negotiated Rate Transportation Service Agreements with Chevron USA Inc
et al., FERC Gas Tariff Original Volume 1, to be effective 3/1/09.
    Filed Date: 01/23/2009.
    Accession Number: 20090126-0311.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 4, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E9-2151 Filed 1-30-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Proposed Rules]
[Pages 60238-60240]
[FR Doc No: 2013-23951]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2013-0729; Airspace Docket No. 13-AEA-14]

Proposed Modification and Establishment of Restricted Areas;
Aberdeen Proving Ground, MD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish a new restricted area,
designated R-4001C, within the existing restricted areas R-4001A and R-
4001B, at the U.S. Army's Aberdeen Proving Ground in Maryland. The
purpose of the proposed R-4001C is to contain two moored balloons,
called Aerostats that would be airborne continuously at approximately
10,000 feet MSL. This action would segregate nonparticipating aircraft
from a hazard to navigation in the Aberdeen Proving Ground airspace.

DATES: Comments must be received on or before November 15, 2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of

Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2013-
0729 and Airspace Docket No. 13-AEA-14, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and ATC
Procedures Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2013-0729 and Airspace Docket No. 13-AEA-14) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2013-0729 and Airspace Docket No. 13-AEA-14.''
The postcard will be date/time stamped and returned to the commenter.
    Comments on environmental and land use aspects to should be
directed to: U.S. Army Corps of Engineers, Baltimore District, 10 South
Howard Street, Baltimore, MD 21201.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person at the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Operations Support Group, Eastern
Service Center, Federal Aviation Administration, 1701 Columbia Ave.,
College Park, GA 30337.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Background

    The U.S. Army requested that the FAA establish a new restricted
area, designated R-4001C, within restricted areas R-4001A and R-4001B
at Aberdeen Proving Ground, MD, to contain two moored balloons called
Aerostats. The Aerostat is a 243-foot long balloon that resembles a
blimp in appearance. The balloons would be moored to the ground by
cables and would operate at 9,950 feet MSL. The Aerostats would be
airborne 24 hours per day, seven days per week, except for periods when
maintenance is required or the winds exceed 60 knots. Lighting of the
mooring cables is not practical due to technical design issues;
therefore, this activity is deemed to be a hazard to navigation and
must be contained within restricted airspace.

Aberdeen Restricted Airspace Structure

    Restricted airspace at Aberdeen Proving Ground consists of two
areas: R-4001A and R-4001B. R-4001A, the larger of the two, has
variable altitudes based on the time of day. R-4001A extends from the
surface to unlimited altitude from 0700 to 2400 local time. It extends
from the surface up to 10,000 feet MSL from 0000 to 0700 local time.
However, higher altitudes may be used between 0000 and 0700 local time
when a Notice to Airmen (NOTAM) is issued 24 hours in advance. R-4001B
abuts the southwest end of R-4001A. R-4001B extends from the surface to
10,000 feet MSL. It also may be used to higher altitudes by NOTAM
issued 24 hours in advance. The time of designation for R-4001B is
``Intermittent as activated by NOTAM 24 hours in advance.'' Both R-
4001A and R-4001B are ``joint-use'' restricted areas. This means that
the restricted areas may be released, in whole or in part, to the FAA
controlling agency when the airspace is not needed by the using agency.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to establish a
new restricted area, designated R-4001C, within the confines of
restricted areas R-4001A and R-4001B, Aberdeen Proving Ground, MD. R-
4001C would consist of a rectangular area approximately 4.5 NM by 2 NM
extending from the surface to 10,000 feet MSL. The time of designation
for R-4001C would be ``continuous.'' Because the balloons would be
airborne 24 hours per day (except for periods as noted above), R-4001C
would not be a joint-use restricted area. R-4001A and R-4001B would
continue to be joint-use areas as described above.
    R-4001C would be established totally within existing restricted
airspace. To accommodate this, the internal dividing line between R-
4001A and R-4001B would be realigned to southwest by less than one
nautical mile. This would expand R-4001A slightly into R-4001B so that
the proposed R-4001C would be kept inside the modified R-4001A
boundary. These changes would be fully contained within the present
overall outer boundary and vertical limits of R-4001A and R-4001B. In
addition, an editorial change would be made to the using agency name
for R-4001A and R-4001B for standardization.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (DOT)
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this proposed rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would modify restricted airspace to support Department of Defense
requirements, at Aberdeen Proving Grounds, MD.

Environmental Review

    This proposal will be subjected to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

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

Sec.  73.40  [Amended]

0
2. Sec.  73.40 is amended as follows:
* * * * *

1. R-4001A Aberdeen, MD [Amended]

    By removing the current boundaries and using agency and inserting
the following:
    Boundaries. Beginning at lat. 39[deg]30'30'' N., long.
076[deg]09'59'' W.; to lat. 39[deg]29'00'' N., long. 076[deg]07'59''
W.; to lat. 39[deg]29'30'' N., long. 076[deg]04'59'' W.; to lat.
39[deg]27'00'' N., long. 076[deg]00'29'' W.; to lat. 39[deg]19'47'' N.,
long. 076[deg]11'33'' W.; to lat. 39[deg]17'30'' N., long.
076[deg]12'58'' W.; to lat. 39[deg]16'24'' N., long. 076[deg]16'17''
W.; to lat. 39[deg]17'13'' N., long. 076[deg]18'48'' W.; to lat.
39[deg]18'42'' N., long. 076[deg]18'48'' W.; to lat. 39[deg]20'03'' N.,
long. 076[deg]20'30'' W.; to lat. 39[deg]19'56'' N., long.
076[deg]21'02'' W.; to lat. 39[deg]20'39'' N., long. 076[deg]21'59''
W.; to lat. 39[deg]22'00'' N., long. 076[deg]21'59'' W.; to lat.
39[deg]23'28'' N., long. 076[deg]20'39'' W.; to lat. 39[deg]26'10'' N.,
long. 076[deg]14'49'' W.; to lat. 39[deg]27'00'' N., long.
076[deg]12'29'' W.; to the point of beginning, excluding R-4001C.
    Using agency. U.S. Army, Commander, Aberdeen Proving Ground, MD.

2. R-4001B Aberdeen, MD [Amended]

    By removing the current boundaries and using agency and inserting
the following:
    Boundaries. Beginning at lat. 39[deg]17'30'' N., long.
076[deg]12'58'' W.; to lat. 39[deg]12'10'' N., long. 076[deg]16'29''
W.; to lat. 39[deg]12'45'' N., long. 076[deg]22'29'' W.; to lat.
39[deg]17'30'' N., long. 076[deg]19'44'' W.; to lat. 39[deg]18'30'' N.,
long. 076[deg]21'59'' W.; to lat. 39[deg]20'39'' N., long.
076[deg]21'59'' W.; to lat. 39[deg]19'56'' N., long. 076[deg]21'02''
W.; to lat. 39[deg]20'03'' N., long. 076[deg]20'30'' W.; to lat.
39[deg]18'42'' N., long. 076[deg]18'48'' W.; to lat. 39[deg]17'13'' N.,
long. 076[deg]18'48'' W.; to lat. 39[deg]16'24'' N., long.
076[deg]16'17'' W.; to the point of beginning.
    Using agency. U.S. Army, Commander, Aberdeen Proving Ground, MD.

3. R-4001C Aberdeen, MD [New]

    Boundaries. Beginning at lat. 39[deg]21'50'' N., long.
076[deg]21'59'' W.; to lat. 39[deg]23'01'' N., long. 076[deg]16'35''
W.; to lat. 39[deg]21'04'' N., long. 076[deg]15'52'' W.; to lat.
39[deg]19'56'' N., long. 076[deg]21'02'' W.; to lat. 39[deg]20'39'' N.,
long. 076[deg]21'59'' W.; to the point of beginning.
    Designated altitudes. Surface 10,000 feet MSL.
    Time of designation. Continuous.
    Controlling agency. FAA, Potomac TRACON.
    Using agency. U.S. Army, Commander, Aberdeen Proving Ground, MD.

    Issued in Washington, DC, on September 24, 2013.
Gary A. Norek,
Manager, Airspace Policy and ATC Procedures Group.
[FR Doc. 2013-23951 Filed 9-30-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Notices]
[Page 61814]
[FR Doc No: 2015-26080]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 Notice of Effectiveness of Exempt Wholesale Generator Status

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

------------------------------------------------------------------------
Grant Wind, LLC.......................................      EG15-102-000
McCoy Solar, LLC......................................      EG15-103-000
Javelina Wind Energy, LLC.............................      EG15-104-000
Prairie Breeze Wind Energy III LLC....................      EG15-105-000
GenOn Mid-Atlantic, LLC...............................      EG15-106-000
Cedar Bluff Wind, LLC.................................      EG15-107-000
------------------------------------------------------------------------

    Take notice that during the month of September 2015, the status of
the above-captioned entities as Exempt Wholesale Generators became
effective by operation of the Commission's regulations. 18 CFR
366.7(a).

    Dated: October 5, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-26080 Filed 10-13-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Notices]
[Pages 79728-79729]
[FR Doc No: 2011-32816]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65953; File No. SR-NYSEAMEX-2011-93]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Adopting the Text
of Financial Industry Regulatory Authority Rule 5210, Which Prohibits
the Publication of Manipulative or Deceptive Quotations or
Transactions, as NYSE Amex Equities Rule 5210

December 14, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby
given that on December 7, 2011, NYSE Amex LLC (the ``Exchange'' or
``NYSE Amex'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to adopt the text of Financial Industry
Regulatory Authority (``FINRA'') Rule 5210, which prohibits the
publication of manipulative or deceptive quotations or transactions, as
NYSE Amex Equities Rule 5210. The text of the proposed rule change is
available at the Exchange, the Commission's Public Reference Room, and
www.nyse.com.

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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to adopt the text of FINRA Rule 5210, which
prohibits the publication of manipulative or deceptive quotations or
transactions, as NYSE Amex Rule 5210.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 60835 (Oct. 16,
2009), 74 FR 54616 (Oct. 22, 2009) (SR-FINRA-2009-055). The
Exchange's affiliates, New York Stock Exchange LLC and NYSE Arca,
Inc., are proposing to adopt a substantially similar rule.
---------------------------------------------------------------------------

Background

    On July 30, 2007, the National Association of Securities Dealers,
Inc. (``NASD''), and NYSE Regulation, Inc. (``NYSER'') consolidated
their member firm regulation operations into a combined organization,
FINRA, and entered into a Regulatory Services Agreement (``RSA''),
under which FINRA agreed to perform certain regulatory functions of the
Exchange on behalf of the Exchange. NYSE Amex became a party to the RSA
effective December 15, 2008.\4\ On June 14, 2010, FINRA also assumed
responsibility for performing the market surveillance and enforcement
functions performed by NYSER. To facilitate FINRA's performance of
these enforcement functions and further harmonize the rules of FINRA
and NYSE Amex, the Exchange is proposing to adopt the text of FINRA
Rule 5210.\5\ FINRA Rule 5210 prohibits members from publishing or
circulating, or causing to be published or circulated, any
communication that purports to report any transaction as a purchase or
sale of any security, unless such member believes that such transaction
was a bona fide purchase or sale of such security. The Rule also
prohibits members from publishing or circulating, or causing to be
published or circulated, any communication that purports to quote the
bid price or asked price for any security, unless the member believes
that such quotation represents a bona fide bid for, or offer of, such
security.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release Nos. 56148 (July 26,
2007), 72 FR 42146 (August 1, 2007) (order approving the RSA); 56147
(July 26, 2007), 72 FR 42166 (August 1, 2007) (SR-NASD-2007-054)
(order approving the incorporation of certain NYSE Rules as ``Common
Rules''); and 60409 (July 30, 2009), 74 FR 39353 (August 6, 2009)
(order approving the amended and restated RSA, adding NYSE Amex LLC
as a party).
    \5\ For consistency with Exchange rules, the Exchange proposes
to change all references from ``member'' to ``member organization.''
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change will strengthen
FINRA's ability to bring sanctions on behalf of the Exchange against a
member organization for engaging in manipulative forms of quoting
behavior, for example, quote stuffing and layering. FINRA Rule 5210
(formerly NASD Rule 3310 and IM 3310) \6\ was successfully used in the
Acceptance, Waiver and Consent announced in September 2010 by FINRA
against Trillium Brokerage Services and other individual
Respondents.\7\ The Exchange believes that the proposed rule change
would augment FINRA's ability on behalf of the Exchange to take action
against manipulative quoting behavior on the Exchange.
---------------------------------------------------------------------------

    \6\ See supra n. 3.
    \7\ See http://www.finra.org/web/groups/industry/@ip/<EMAIL_ADDRESS>---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\8\ in general, and
furthers the objectives of Section 6(b)(5),\9\ in particular, in that
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
Specifically, the Exchange believes that the proposed rule change would
provide an additional basis for bringing enforcement actions against
Exchange member organizations that engage in deceptive and manipulative
quoting activity. To the extent the Exchange has proposed changes that
differ from the FINRA version of the Rules, such changes are technical
in nature and do not change the substance of the FINRA Rule.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because such waiver will allow FINRA to more effectively carry
out its enforcement activities on behalf of the Exchange. Therefore,
the Commission designates the proposal operative upon filing.\12\
---------------------------------------------------------------------------

    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-NYSEAMEX-2011-93 on the subject line.

Paper Comments

    Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090. All submissions should refer to File Number
SR-NYSEAMEX-2011-93. This file number should be included on the subject
line if email is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE., Washington, DC 20549, on official business days between the
hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
publicly available. All submissions should refer to File Number SR-
NYSEAMEX-2011-93, and should be submitted on or before January 12,
2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-32816 Filed 12-21-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 112 (Friday, June 10, 2011)]
[Proposed Rules]
[Pages 34020-34021]
[FR Doc No: 2011-14231]

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

40 CFR Part 52

[EPA-R03-OAR-2009-0881; FRL-9309-1]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revisions to Requirements for Major Sources Locating in
or Impacting a Nonattainment Area in Allegheny County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is taking direct final action to approve a revision to the
Pennsylvania State Implementation Plan (SIP) which was submitted on
November 16, 2006 by the Pennsylvania Department of Environmental
Protection (PADEP). This change to Allegheny County's Air Pollution
Control Rules and Regulations amends the existing requirements for
sources locating in or impacting a nonattainment area in Allegheny
County by incorporating

Federal modeling requirements. In the Final Rules section of this
Federal Register, EPA is approving the State's SIP submittal as a
direct final rule without prior proposal because the EPA views this as
a noncontroversial submittal and anticipates no adverse comments. If no
adverse comments are received in response to this action, no further
activity is contemplated. If EPA receives adverse comments, the direct
final rule will be withdrawn and all public comments received will be
addressed in a subsequent final rule based on this proposed rule. EPA
will not institute a second comment period. Any parties interested in
commenting on this action should do so at this time.

DATES: Comments must be received in writing by July 11, 2011.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0881 by one of the following methods:
    A. http://www.regulations.gov. Follow the online instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2009-0881, Kathleen Cox, Associate Director,
Office of Permits and Air Toxics, Mailcode 3AP10, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0881. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105; and the Allegheny County Health Department, Bureau
of Environmental Quality, Division of Air Quality, 301 39th Street,
Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Paul T. Wentworth,<PHONE_NUMBER>, or
by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
that is located in the ``Rules and Regulations'' section of this
Federal Register publication.

    Dated: May 6, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-14231 Filed 6-9-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Proposed Rules]
[Pages 43085-43088]
[FR Doc No: 2019-17904]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0589; Product Identifier 2017-SW-020-AD]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada Limited
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2016-02-06 for Bell Helicopter Textron Canada Limited (Bell) Model 429
helicopters. AD 2016-02-06 requires inspecting certain tail rotor (T/R)
pitch link bearing bores for corrosion and pitting. AD 2016-02-06 also
requires a repetitive inspection of the sealant and

repeating the inspections for corrosion and pitting if any sealant is
missing. Since the FAA issued AD 2016-02-06, the FAA determined
additional part-numbered T/R pitch link assemblies (links) are affected
by the same unsafe condition and an additional repetitive inspection is
necessary to address the unsafe condition. This proposed AD would
retain the requirements of AD 2016-02-06, expand the applicability, and
add a repetitive inspection. The actions of this proposed AD are
intended to address an unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 21,
2019.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0589; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the Transport Canada AD, the economic evaluation, any comments
received, and other information. The street address for Docket
Operations is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.
    For service information identified in this NPRM, contact Bell
Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel,
Quebec J7J1R4; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax (450)
433-0272; or at http://www.bellcustomer.com/files/. You may review the
referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort
Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Scott Franke, Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views. The FAA also invites comments
relating to the economic, environmental, energy, or federalism impacts
that might result from adopting the proposals in this document. The
most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. To ensure the docket does not contain duplicate comments,
commenters should send only one copy of written comments, or if
comments are filed electronically, commenters should submit them only
one time.
    The FAA will file in the docket all comments that the FAA receives,
as well as a report summarizing each substantive public contact with
FAA personnel concerning this proposed rulemaking. Before acting on
this proposal, the FAA will consider all comments received on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments received.

Discussion

    The FAA issued Emergency AD 2016-02-06 which was published in the
Federal Register as a Final rule; request for comments on February 2,
2016, at 81 FR 5367 (``AD 2016-02-06''). AD 2016-02-06 applies to Bell
Model 429 helicopters with a T/R link part number (P/N) 429-012-112-
101, -101FM, -103, or -103FM installed. AD 2016-02-06 requires
inspecting P/N 429-012-112-101 and 429-012-112-103 T/R link bearing
bores for any aluminum oxide corrosion and then cleaning the affected
area of the T/R link and inspecting for any pitting. If there is any
corrosion or any pitting, AD 2016-02-06 requires replacing the T/R
link. If there is no corrosion or pitting, AD 2016-02-06 requires
applying corrosion preventative sealant. AD 2016-02-06 also requires,
for all applicable T/R/links, repetitively inspecting the bearing bore
for missing sealant.
    AD 2016-02-06 was prompted by AD No. CF-2016-01, dated January 5,
2016, issued by Transport Canada, which is the aviation authority for
Canada, to correct an unsafe condition for Bell Model 429 helicopters.
Transport Canada advised of an incident in which a T/R link on a Model
429 helicopter failed, causing vibration and difficulty controlling the
helicopter. According to Transport Canada, the failure was caused by a
crack that had initiated at a corrosion pit between the roll staked lip
of the bearing and the beveled edge of the link. Transport Canada
stated deficiencies in the application of corrosion resistant finishes
to the link during manufacturing caused the corrosion.
    Transport Canada further advised that this condition, if not
detected, could result in failure of a link and loss of control of the
helicopter. For these reasons, the Transport Canada AD required
inspection of the T/R link and replacement of any link with corrosion.
The Transport Canada AD also required application of corrosion
preventative sealant and re-identification of the T/R link.

Actions Since AD 2016-02-06 Was Issued

    Since the FAA issued AD 2016-02-06, Transport Canada revised its AD
and issued AD No. CF-2016-01R1, dated February 10, 2016, and AD No. CF-
2016-01R2, dated April 12, 2017 (AD CF-2016-01R2). Both revised
Transport Canada ADs clarify the applicable P/Ns, address spare parts,
and address parts installed on-condition prior to December 7, 2015. AD
CF-2016-01R2 includes a terminating action for the repetitive
inspections.
    Since the FAA issued AD 2016-02-06, improved T/R link P/N 429-012-
112-111 and -113 have been developed that include the corrosion
preventative sealant installed; however, recurring inspections of the
sealant of these T/R links are still necessary since they are subject
to the same unsafe condition due to design similarity. Some T/R links
P/N 429-012-112-101 and -103 have also been field modified and re-
identified as T/R links P/N 429-012-112-111FM and -113FM, and continue
to need recurring inspections of the sealant as they are also subject
to the same unsafe condition due to design similarity. Accordingly, the
FAA proposes adding T/R link P/Ns 429-012-112-111, -111FM, -113, and -
113FM to the applicability.
    Additionally, because the corrosion preventative sealant could
become damaged, not maintain seal, or wear away with use of the
helicopter, this proposed AD includes a repetitive 12-month inspection
with the corrosion preventative sealant removed. This proposed
requirement is a more in-depth inspection for corrosion and pitting,
due to any potential loss of the

seal and build up of corrosion underneath the sealant over time.
    This proposed AD would also change the visual inspection of each
cleaned T/R link for pitting by requiring use of 10X or higher power
magnification as specified in Bell Helicopter's related service
information.

Comments on AD 2016-02-06

    After our Final rule; request for comments was published, the FAA
received comments from one commenter.

Request

    Bell requested the FAA clarify its statement in the preamble of AD
2016-02-06 explaining that AD 2016-02-06 requires inspecting each T/R
link bearing bore for pitting after cleaning while the Transport Canada
AD requires inspecting for corrosion after cleaning. The FAA determined
that an inspection for pitting instead of corrosion after cleaning was
a more effective method of detecting the unsafe condition. While the
cleaning process may remove corrosion, it will not remove pitting in
the metal.
    Bell also disagreed that a 10X or higher magnification is necessary
for the inspection and stated that a visual inspection of the sealant
is sufficient. The FAA disagrees. Corrosion can start in any small
opening of the sealant and may be undetectable without magnification.
    Lastly, Bell disagreed with AD 2016-02-06 not requiring re-
identification of the link P/N. Bell stated that a modified part
requires a distinct identification and that not mandating the re-
identification could cause confusion among operators. The FAA disagrees
that re-identification of the link P/N is necessary to correct the
unsafe condition. If an owner or operator would like to add ``FM'' to
the P/N to indicate that corrosive preventative sealant has been
applied, then they may. However, the AD requires repetitive inspections
for all applicable parts, including those with ``FM'' in the P/N.
Accordingly, re-identification is not necessary and does not affect
compliance with the AD.

FAA's Determination

    This helicopter has been approved by the aviation authority of
Canada and is approved for operation in the United States. Pursuant to
our bilateral agreement with Canada, Transport Canada, its technical
representative, has notified us of the unsafe condition described in
the Canadian AD. The FAA is proposing this AD because the FAA evaluated
all the relevant information and determined the unsafe condition
described previously is likely to exist or develop in other products of
the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bell Helicopter Alert Service Bulletin 429-15-26,
dated December 7, 2015 (ASB 429-15-26), which advises of reports of
corrosion on T/R links between the roll staked lip of bearing P/N 429-
312-107-103 and the beveled edge of T/R link P/Ns 429-012-112-101/-103.
ASB 429-15-26 specifies inspecting each T/R link bearing bore between
the roll staked lip of the bearing outer race and the link bearing bore
with 10X magnification for corrosion and if there is corrosion,
replacing the link. If there is no corrosion, ASB 429-15-26 specifies
cleaning the area and performing a second inspection with 10X
magnification for corrosion. If there is corrosion, ASB 429-15-26
specifies replacing the link. If there is no corrosion, ASB 429-15-26
specifies removing the torque stripe, cleaning the area, and applying
corrosion preventative sealant. ASB 429-15-26 also specifies re-
identifying the P/Ns as 429-012-112-101FM/-103FM. Further, ASB 429-15-
26 specifies a repetitive inspection of the sealant and reapplication
if the sealant is damaged.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Proposed AD Requirements

    This proposed AD would retain the requirements of AD 2016-02-06 and
would add P/Ns 429-012-112-111, -111FM, -113, and -113FM to the
applicability. This proposed AD would also add use of 10X or higher
power magnification to the visual inspection of each cleaned T/R link
for pitting and a repetitive 12-month inspection with the corrosion
preventative sealant removed.

Differences Between This Proposed AD and the Transport Canada AD

    This proposed AD applies to helicopters with certain link P/Ns
installed, whereas the Transport Canada AD applies to helicopters with
certain serial numbers instead. This proposed AD requires inspecting
the bearing bores for any pitting after cleaning the T/R link, while
the Transport Canada AD requires inspecting for corrosion after
cleaning the T/R link. This proposed AD requires performing the
inspections with 10X or higher magnification, while the Transport
Canada AD does not specify any magnification. This proposed AD does not
require re-identifying the P/N of the link, whereas the Transport
Canada AD does. The Transport Canada AD also provides a terminating
action to the repetitive sealant inspection, while this proposed AD
does not. This proposed AD also requires a repetitive inspection with
the corrosion preventative sealant removed and reapplied, whereas the
Transport Canada AD does not.

Interim Action

    The FAA considers this proposed AD to be an interim action. The
design approval holder is currently developing a modification that will
address the unsafe condition identified in this proposed AD. Once this
modification is developed, approved, and available, the FAA might
consider additional rulemaking.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 93 helicopters
of U.S. Registry. The FAA estimates that operators may incur the
following costs in order to comply with this AD. Labor costs are
estimated at $85 per work-hour.
    Inspecting the set of T/R links (eight bearings) for corrosion
would take about one work-hour for an estimated cost of $85 per
helicopter and $7,905 for the U.S. fleet per inspection cycle. Cleaning
and inspecting the set of T/R links for pitting would take about one
work-hour for an estimated cost of $85 per helicopter. Replacing a T/R
link would require no additional work-hours after inspection and
required parts cost $2,739 for an estimated replacement cost of $2,739
per T/R link. Removing the torque stripe, cleaning, and applying
sealant to the set of T/R links would take about one work-hour with a
negligible parts cost for an estimated cost of $85 per helicopter.
Inspecting the sealant on a set of T/R links would take about one work-
hour for an estimated cost of $85 per helicopter and $7,905 for the
U.S. fleet per inspection cycle.
    According to Bell Helicopter's service information some of the
costs of this proposed AD may be covered under warranty, thereby
reducing the cost impact on affected individuals. The FAA does not
control warranty coverage by Bell Helicopter. Accordingly, the FAA has
included all costs in its cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I,

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

Regulatory Findings

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

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

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

Sec.  39.13  [Amended]

0
 2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2016-02-06, Amendment 39-18387 (81 FR 5367, February 2, 2016), and
adding the following new airworthiness directive (AD):

Bell Helicopter Textron Canada Limited: Docket No. FAA-2019-0589;
Product Identifier 2017-SW-020-AD.

(a) Applicability

    This AD applies to Bell Helicopter Textron Canada Limited Model
429 helicopters with a tail rotor (T/R) pitch link assembly (link)
part number (P/N) 429-012-112-101, -101FM, -103, -103FM, -111, -
111FM, -113, or -113FM installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of a T/R link.
This condition could result in loss of T/R flight control and
subsequent loss of control of the helicopter.

(c) Affected ADs

    This AD replaces AD 2016-02-06, Amendment 39-18387 (81 FR 5367,
February 2, 2016).

(d) Comments Due Date

    The FAA must receive comments by October 21, 2019.

(e) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(f) Required Actions

    (1) For T/R link P/N 429-012-112-101 and -103, within 10 hours
time-in-service (TIS):
    (i) Remove each T/R link. Prior to cleaning the T/R link bearing
bores, using 10X or higher power magnification, inspect each T/R
link bearing bore for aluminum oxide corrosion extruding from
between the roll staked lip of the bearing outer race and the link
bearing bore. Aluminum oxide corrosion appears as a white
crystalline material in contrast with the black finish and any
accumulated soot. An example of this corrosion is shown in Figure 1
of Bell Helicopter Alert Service Bulletin 429-15-26, dated December
7, 2015 (ASB 429-15-26).
    (ii) If there is any aluminum oxide corrosion, replace the T/R
link before further flight.
    (iii) If there is no aluminum oxide corrosion, clean each T/R
link bearing bore with isopropyl alcohol, and using 10X or higher
power magnification, inspect each cleaned T/R link for pitting.
    (A) If there is any pitting, replace the T/R link before further
flight.
    (B) If there is no pitting, apply corrosion preventative sealant
by following the Accomplishment Instructions, paragraph 5. of Part
I, of ASB 429-15-26.
    (2) For all T/R link P/Ns listed in paragraph (a) of this AD,
within 50 hours TIS, and thereafter at intervals not to exceed 50
hours TIS, using 10X or higher power magnification, inspect each T/R
link bearing bore for missing corrosion preventative sealant. If any
corrosion preventative sealant is missing, perform the actions in
paragraphs (f)(3)(i) and (f)(3)(ii) of this AD before further
flight.
    (3) For all T/R link P/Ns listed in paragraph (a) of this AD,
within 12 months since date of manufacture, except if paragraphs
(f)(1)(i) through (f)(1)(iii) of this AD have already been done for
T/R link P/N 429-012-112-101 or -103 within the last 12 months and
except if paragraph (f)(3)(i) and (f)(3)(ii) of this AD have already
been done for T/R link P/N 429-012-112-101FM, -103FM, -111, -111FM,
-113, or -113FM within the last 12 months; and thereafter for all T/
R link P/Ns listed in paragraph (a) of this AD at intervals not to
exceed 12 months:
    (i) Remove each T/R link; and
    (ii) Remove all corrosion preventative sealant, and perform the
actions in paragraphs (f)(1)(i) through (f)(1)(iii) of this AD.
    (4) After the effective date of this AD:
    (i) Do not install T/R link P/N 429-012-112-101 or -103 on any
helicopter before complying with the actions in paragraphs (f)(1)(i)
through (f)(1)(iii) of this AD.
    (ii) Do not install T/R link P/N 429-012-112-101FM, 103FM, -111,
111FM, -113, or -113FM on any helicopter before complying with the
actions in paragraph (f)(2) of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, FAA, may approve
AMOCs for this AD. Send your proposal to: Scott Franke, Aviation
Safety Engineer, Safety Management Section, Rotorcraft Standards
Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone
(817) 222-5110; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, the FAA suggests
that you notify your principal inspector, or lacking a principal
inspector, the manager of the local flight standards district office
or certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(h) Additional Information

    The subject of this AD is addressed in Transport Canada AD No.
CF-2016-01R2, dated April 12, 2017. You may view the Transport
Canada AD on the internet at http://www.regulations.gov in the AD
Docket.

 (i) Subject

    Joint Aircraft Service Component (JASC) Code: 6400, Tail Rotor
System.

    Issued in Fort Worth, Texas, on August 13, 2019.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2019-17904 Filed 8-19-19; 8:45 am]
BILLING CODE 4910-13-P


TABLE 2 ANNUAL BURDEN OF REPORTING AND RECORDKEEPING REQUIREMENTS NEW SOURCE PERFORMANCE STANDARD ( NSPS) SUBPART OOO  NONMETALLIC MINERALS PROCESSING REPORTING/ RECORDKEEPING REQUIREMENT Hours/ Occurence ( A) Occurences/

Year ( B) Hours/ Year ( C= A* B)

( C) Respondents/

Year ( D) Hours/ Year ( E= C* D)

( E) Costs/ Year ( F)

1. APPLICATIONS N/ A N/ A N/ A N/ A N/ A N/ A 2. SURVEY AND STUDIES N/ A N/ A N/ A N/ A N/ A N/ A 3. REPORTING REQUIREMENTS a. Read Instructions 1 1 1 580 580 $ 31,865.20 b. Required Activities Initial Performance Tests 30.5 1 30.5 580 17690 $ 971,888.60 Repeat of Performance Tests 30.5 0.2 6.1 580 3538 $ 194,377.72 c. Create Information  Included in 3b

d. Gather Existing Information  Included in 3b

e. Write Report Notification of Construction/ Reconstruction 2 1 2 20 40 $ 2,197.60 Notification of Actual Startup 2 1 2 580 1160 $ 63,730.40 Notification of Initial Performance Test 2 1 2 580 1160 $ 63,730.40 Report of Performance Test  Included in 3b

Notif. of Physical or Operational Change 2 1 2 560 1120 $ 61,532.80 4. RECORDKEEPING REQUIREMENTS a. Read Instructions  Included in 3a

b. Plan Activities  Included in 3b

c. Implement Activities  Included in 3b

d. Develop Record System N/ A N/ A N/ A N/ A N/ A N/ A e. Time to Enter Information*

Records of startups, shutdowns, malfunctions , etc. 1.5 1 1.5 4305 6457.5 $ 354,775.05 f. Train Personnel N/ A N/ A N/ A N/ A N/ A N/ A g. Audits N/ A N/ A N/ A N/ A N/ A N/ A TOTAL ANNUAL BURDEN 31746 $ 1,744,097.77 Assumptions Number of affected facilities 3725 Time required to read instructions ( hours) 1 Time required to complete performance test ( hours)** 30.5 Rate of failed performance tests 20%

Time required to complete Method 9 ( hours) 4 Time required to record operating parameters ( hours) 0.25 Number of days operating per year 250 Number of new facilities ( per year) 580 Time required to record startups, shutdowns,

malfunctions etc. ( hours) 0.25 Number of startups, shutdowns, malfuctions,

etc. ( per year) 1 Time Required for notification preparation ( hours) 2 Technicial labor rate $ 54.94 * We are assuming that the number of respondents per year required to enter information will be equal to the number of existing facilities plus the average number of new facilities over the three year timeframe for this ICR.

Therefore, the number of respondents per year is equal to 4,305 ( 3,725 + 580).

** Performance tests include 8 hours to develop a performance test report. Performance test is a weighted average of the time required to test new facilities ( 20) as well as existing facilities ( 560). The average time to conduct a performance test for a new facility is estimated to be about 150 hours. The average time to conduct a performance test for an existing facility is estimated to be about 18 hours. The time required to conduct Method 9 and Method 5 tests is also included in this estimate.