[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Notices]
[Pages 46981-46983]
[FR Doc No: 2018-20073]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84079; File No. SR-NYSEArca-2018-63]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change To Amend NYSE Arca Rule 1.1 Official Closing
Price To Exclude From the TWAP Calculation a Midpoint That Is Based on
an NBBO That Is Not Reflective of the Security's True and Current Value

September 11, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on August 29, 2018, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Rule 1.1(ll) (``Official
Closing Price''). The proposed change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 recently amended Rule 1.1(ll) to establish how the
Official Closing Price is determined for an Exchange-listed security
that is a Derivative Securities Product \4\ if the Exchange does not
conduct a Closing Auction or if a Closing Auction trade is less than a
round lot.\5\ The purpose of the OCP Filing was to adopt a method for
deriving the Official Closing Price that would be more indicative of
the actual value of the securities that are subject to the rule, in
particular for listed securities that are thinly traded or generally
illiquid. Prior to the recent rule change, the Official Closing Price
for such securities would have been based on a last-sale trade that may
have been hours, days, or even months old and therefore not necessarily
indicative of their true and current value. The OCP Filing adopted a
revised calculation to derive the value for securities that have a
stale last-price. Specifically, for such securities, the Official
Closing Price would be derived by adding a percentage of the time-
weighted average price (``TWAP'') of the NBBO midpoint measured over
the last five minutes before the end of Core Trading Hours and a
percentage of the last consolidated last-sale eligible trade before the
end of Core Trading Hours on that trading day.\6\
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    \4\ With respect to equities traded on the Exchange, the term
``Derivative Securities Product'' means a security that meets the
definition of ``derivative securities product'' in Rule 19b-4(e)
under the Securities Exchange Act of 1934. See NYSE Arca Rule
1.1(k). For purposes of Rule 19b-4(e), a ``derivative securities
product'' means any type of option, warrant, hybrid securities
product or any other security, other than a single equity option or
a security futures product, whose value is based, in whole or in
part, upon the performance of, or interest in, an underlying
instrument. 17 CFR 240.19b-4(e).
    \5\ See Securities Exchange Act Release No. 82907 (March 20,
2018), 83 FR 12980 (March 26, 2018) (SR-NYSEArca-2018-08) (Approval
Order) (the ``OCP Filing'').
    \6\ See Rule 1.1(ll)(1)(B)(i)-(vi).
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    The Exchange proposes to further refine Rule 1.1(ll)(1)(B) to
exclude from the TWAP calculation a midpoint that is based on an NBBO
that is not reflective of the security's true and current value. As
proposed, the Exchange would exclude a NBBO midpoint from the
calculation of the Official Closing Price if that midpoint, when
multiplied by ten percent (10%), is less than the spread of that NBBO.
The Exchange would also exclude a crossed NBBO from the calculation.
    The proposed amendment to adopt a NBBO midpoint check is designed
to validate whether an NBBO used in the calculation of the Official
Closing Price bears a relation to the value of the underlying security.
Under the proposal, the Exchange would calculate the midpoint of the
NBBO and then multiply the midpoint by ten percent (10%) and compare
this value to the spread of the NBBO. If the value of the midpoint when
multiplied by ten percent (10%) is less than the spread of that NBBO,
the Exchange would exclude the NBBO midpoint from the calculation. The
Exchange believes that if the NBBO spread is greater than the value of
the midpoint when multiplied by ten percent (10%), it would indicate
that the spread is too wide, and therefore not representative of the
value of the security. For example, assume the percentage for purposes
of the NBBO midpoint calculation is set at 10%. Assume further that the
NBBO is $9.00 x $11.00. The NBBO spread is therefore $2.00, the
midpoint of the NBBO is $10.00, and the value of the midpoint is $1.00
(10% of $10.00). Given that the spread of the NBBO ($2.00) is greater
than the value of the NBBO midpoint ($1.00), the $9.00 x $11.00 NBBO
would be excluded from the calculation. Conversely, assume the NBBO is
$9.51 x $10.49. The NBBO spread is therefore $0.98, the midpoint of the
NBBO is $10.00, and the value of the midpoint is $1.00 (10% of 10.00).
Given that the spread of the NBBO ($0.98) is less than the value of the
NBBO midpoint ($1.00),

the $9.51 x $10.49 NBBO would be included in the calculation.
    The proposed amendment is similar to, and based on, the term
``Auction NBBO'' as defined in Rule 7.35-E(a)(5).\7\ The Exchange
currently uses the Auction NBBO as a basis for determining the Auction
Reference Price for the Core Open Auction.\8\ If there is no Auction
NBBO, then the Exchange uses the prior trading day's Official Closing
Price. To qualify as an Auction NBBO for the Core Open Auction, there
must be both a bid and an offer that is not zero, the NBBO cannot be
crossed, and the midpoint of the NBBO when multiplied by a designated
percentage, cannot be greater than or equal to the spread of the
NBBO.\9\ Although Rule 7.35-E(a)(5) currently specifies that the
designated percentage used for determining the Auction NBBO for the
Core Open Auction would be determined by the Exchange upon prior notice
to ETP Holders, the Exchange proposes to codify within the proposed
amendment to Rule 1.1(ll)(1)(B) the percentage used in the TWAP
calculation for the Official Closing Price at ten percent (10%).
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    \7\ See Rule 7.35-E(a)(5). The term ``Auction NBBO'' means an
NBBO that is used for purposes of pricing an auction.
    \8\ The Exchange also uses the Auction NBBO for determining the
Indicative Match Price in specified situations for the Closing
Auction. See Rule 7.35-E(a)(8)(C).
    \9\ See Rule 7.35-E(a)(5).
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    The Exchange believes that the proposed NBBO midpoint check, which
uses the same methodology as determining an Auction NBBO for the Core
Open Auction, achieves the same purpose as the Auction NBBO because it
would eliminate use of an NBBO that does not reflect the true value of
a security. For the same reasons that the Exchange would not use an
NBBO that does not pass the Auction NBBO test as an Auction Reference
Price, the Exchange similarly proposes that if an NBBO fails that same
test, it would not be used for determining the TWAP calculation for the
Official Closing Price of a security.
    The Exchange also proposes a non-substantive clarifying change to
Rule 1.1(ll). Under Rule 1.1(ll), if the Official Closing Price cannot
be determined under paragraph (A) of Rule 1.1(ll), then the procedure
under paragraph (B) would be utilized. If the Official Closing Price
cannot be determined under paragraphs (A) and (B) of Rule 1.1(ll), then
the procedure under paragraph (C) would be utilized. And lastly, if the
Official Closing Price cannot be determined under paragraphs (A), (B),
or (C) of Rule 1.1(ll) then the procedure under paragraph (D) would be
utilized. To reflect this decision tree methodology, the Exchange
proposes to adopt rule text to reflect that the process under paragraph
(D) of Rule 1.1(ll)(1) would be utilized if the Official Closing Price
cannot be determined under paragraphs (1)(A), (B) or (C) of the Rule.
The Exchange is not proposing any substantive change to paragraph (D)
of Rule 1.1(ll)(1). The Exchange believes that the proposed rule change
would provide additional clarity in the Rules and reflect current
practice for the purpose of determining the Official Closing Price.
    Because of the technology changes associated with this proposed
rule change, the Exchange will announce the implementation date of this
proposed rule change by Trader Update. The Exchange anticipates that
the implementation date will be in the first quarter of 2019.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\10\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\11\ 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.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because creating a process to validate the
NBBO midpoint to determine the Official Closing Price by comparing the
midpoint value to the spread of the NBBO, and if the NBBO midpoint is
not valid, to exclude it from the calculation, would ensure that the
NBBO is sufficiently tight to guarantee that the midpoint of the NBBO
would be a meaningful and accurate basis for determining the Official
Closing Price. The Exchange also believes the proposed refined
methodology for determining the Official Closing Price would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because it would provide for a more up-to-date
indication of the value of the underlying security if there have not
been any last-sale eligible trades leading in to the close of trading.
The Exchange believes the proposed NBBO midpoint check for purposes of
determining the Official Closing Price would also provide a closing
price that more accurately reflects the most recent and reliable market
information possible. As noted above, the Exchange already uses this
methodology for determining whether an NBBO can be used as an Auction
Reference Price for the Core Open Auction.
    The Exchange further believes that the proposed TWAP calculation
would remove impediments to and perfect the mechanism of a free and
open market and a national market system because it would provide for a
more robust mechanism to determine the value of an affected security
for purposes of determining an Official Closing Price. By calculating
the midpoint of the NBBO and then multiplying the midpoint by ten
percent (10%) and comparing this value to the spread of the NBBO, the
Exchange believes that the proposed methodology would result in the
price of a security that is even more reflective of the true and
current value of such security than the methodology in place today.
    The Exchange believes the proposed non-substantive amendment to
current Rule 1.1(ll)(1)(D) is intended to provide additional clarity
and detail and will eliminate confusion among market participants,
which is in the interests of all investors and the general public.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes that
the proposed rule change will not impose any burden on competition
because the proposal would simply provide for a more efficient manner
to determine the Official Closing Price for a Derivative Securities
Product.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the

Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected] . Please include
File NumberSR-NYSEArca-2018-63 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2018-63. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of the filing also will be available for inspection and
copying at the principal office of the Exchange. All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2018-63 and should be submitted
on or before October 9, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20073 Filed 9-14-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 136 (Monday, July 16, 2012)]
[Rules and Regulations]
[Pages 41668-41670]
[FR Doc No: 2012-16491]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30848; Amdt. No. 3484]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective July 16, 2012. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 16, 2012.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420), Flight Technologies and Programs
Divisions, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and

impractical. Furthermore, airmen do not use the regulatory text of the
SIAPs, Takeoff Minimums or ODPs, but instead refer to their depiction
on charts printed by publishers of aeronautical materials. The
advantages of incorporation by reference are realized and publication
of the complete description of each SIAP, Takeoff Minimums and ODP
listed on FAA forms is unnecessary. This amendment provides the
affected CFR sections and specifies the types of SIAPs and the
effective dates of the, associated Takeoff Minimums and ODPs. This
amendment also identifies the airport and its location, the procedure,
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule '' under 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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (air).

    Issued in Washington, DC, on June 22, 2012.
John Duncan,
Deputy Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 26 JULY 2012

Montgomery, AL, Montgomery Rgnl (Dannelly Field), Takeoff Minimums
and Obstacle DP, Amdt 2
Camden, AR, Harrell Field, VOR/DME RWY 1, Amdt 10
Tucson, AZ, Tucson Intl, Takeoff Minimums and Obstacle DP, Amdt 5
Santa Ana, CA, John Wayne Airport-Orange County, LOC BC RWY 1L, Amdt
11
Dover/Cheswold, DE, Delaware Airpark, RNAV (GPS) RWY 9, Amdt 2
Dover/Cheswold, DE, Delaware Airpark, RNAV (GPS) RWY 27, Amdt 1
Dover/Cheswold, DE, Delaware Airpark, VOR RWY 27, Amdt 6B
Pensacola, FL, Pensacola Gulf Coast Rgnl, ILS OR LOC RWY 17, Amdt 14
Pensacola, FL, Pensacola Gulf Coast Rgnl, NDB RWY 35, Amdt 17
Pensacola, FL, Pensacola Gulf Coast Rgnl, RNAV (GPS) RWY 8, Amdt 2
Pensacola, FL, Pensacola Gulf Coast Rgnl, RNAV (GPS) RWY 17, Amdt 2
Pensacola, FL, Pensacola Gulf Coast Rgnl, RNAV (GPS) RWY 26, Amdt 2
Pensacola, FL, Pensacola Gulf Coast Rgnl, RNAV (GPS) RWY 35, Amdt 2
Pensacola, FL, Pensacola Gulf Coast Rgnl, Takeoff Minimums and
Obstacle DP, Amdt 1
Pensacola, FL, Pensacola Gulf Coast Rgnl, VOR RWY 8, Amdt 4
Augusta, GA, Augusta Rgnl at Bush Field, ILS OR LOC RWY 17, Amdt 9
Augusta, GA, Augusta Rgnl at Bush Field, ILS OR LOC RWY 35, Amdt 28
Augusta, GA, Augusta Rgnl at Bush Field, RNAV (GPS) RWY 17, Amdt 2
Augusta, GA, Augusta Rgnl at Bush Field, RNAV (GPS) RWY 26, Amdt 1
Augusta, GA, Augusta Rgnl at Bush Field, RNAV (GPS) RWY 35, Amdt 2
Augusta, GA, Augusta Rgnl at Bush Field, RNAV (GPS) Y RWY 8, Amdt 1
Augusta, GA, Augusta Rgnl at Bush Field, RNAV (GPS) Z RWY 8, Orig
Augusta, GA, Augusta Rgnl at Bush Field, Takeoff Minimums and
Obstacle DP, Amdt 14
Augusta, GA, Augusta Rgnl at Bush Field, VOR/DME RWY 17, Amdt 4
Griffin, GA, Griffin-Spalding County, GPS RWY 14, Orig-B, CANCELED
Griffin, GA, Griffin-Spalding County, GPS RWY 32, Orig-B, CANCELED
Griffin, GA, Griffin-Spalding County, NDB RWY 32, Orig-B, CANCELED
Griffin, GA, Griffin-Spalding County, RNAV (GPS) RWY 14, Orig
Griffin, GA, Griffin-Spalding County, RNAV (GPS) RWY 32, Orig
Griffin, GA, Griffin-Spalding County, Takeoff Minimums and Obstacle
DP, Amdt 1
Swainsboro, GA, East Georgia Regional, ILS OR LOC/DME RWY 14, Amdt 1
Swainsboro, GA, East Georgia Regional, NDB RWY 14, Amdt 2
Swainsboro, GA, East Georgia Regional, RNAV (GPS) RWY 14, Amdt 1A
Swainsboro, GA, East Georgia Regional, RNAV (GPS) RWY 32, Amdt 2
Swainsboro, GA, East Georgia Regional, Takeoff Minimums and Obstacle
DP, Amdt 2
Swainsboro, GA, Emanuel County, VOR/DME-A, Amdt 3, CANCELED
Tifton, GA, Henry Tift Myers, ILS OR LOC RWY 33, Amdt 1
Clinton, IA, Clinton Muni, RNAV (GPS) RWY 32, Amdt 1
Indianapolis, IN, Indianapolis Metropolitan, VOR RWY 33, Amdt 10
Louisville, KY, Louisville Intl-Standiford Field, RNAV (RNP) Z RWY
17L, Orig
Louisville, KY, Louisville Intl-Standiford Field, RNAV (RNP) Z RWY
17R, Orig
Louisville, KY, Louisville Intl-Standiford Field, RNAV (RNP) Z RWY
35L, Amdt 1
Louisville, KY, Louisville Intl-Standiford Field, RNAV (RNP) Z RWY
35R, Orig
Paducah, KY, Barkley Rgnl, ILS OR LOC RWY 4, Amdt 10
Benton Harbor, MI, Southwest Michigan Rgnl, ILS OR LOC RWY 28, Amdt
8
Benton Harbor, MI, Southwest Michigan Rgnl, RNAV (GPS) RWY 28, Amdt
2
Detroit, MI, Detroit Metropolitan Wayne County, ILS OR LOC RWY 3R,
ILS RWY 3R (CAT II), ILS RWY 3R (CAT III), Amdt 15C
Detroit, MI, Detroit Metropolitan Wayne County, ILS OR LOC RWY 27L,
Amdt 3A
Detroit, MI, Detroit Metropolitan Wayne County, ILS PRM RWY 3R, ILS
PRM RWY

3R (CAT II), ILS PRM RWY 3R (CAT III), (Simultaneous Close
Parallel), Orig-B
Detroit, MI, Detroit Metropolitan Wayne County, ILS Y RWY 22R, Orig-
B
Detroit, MI, Detroit Metropolitan Wayne County, ILS Y PRM RWY 22R,
Orig-C
Detroit, MI, Detroit Metropolitan Wayne County, ILS Z OR LOC RWY
22R, Amdt 2C
Detroit, MI, Detroit Metropolitan Wayne County, RNAV (GPS) RWY 21L,
Amdt 2A
Mackinac Island, MI, Mackinac Island, GPS RWY 26, Orig, CANCELED
Mackinac Island, MI, Mackinac Island, RNAV (GPS) RWY 8, Orig
Mackinac Island, MI, Mackinac Island, RNAV (GPS) RWY 26, Orig
Mackinac Island, MI, Mackinac Island, VOR/DME-A, Amdt 9
Saginaw, MI, Saginaw County H.W. Browne, Takeoff Minimums and
Obstacle DP, Amdt 8
Detroit Lakes, MN, Detroit Lakes-Wething Field, VOR RWY 13, Amdt 1
Detroit Lakes, MN, Detroit Lakes-Wething Field, VOR RWY 31, Amdt 1
Lexington, NC, Davidson County, GPS RWY 6, Orig-A, CANCELED
Lexington, NC, Davidson County, GPS RWY 24, Orig-A, CANCELED
Lexington, NC, Davidson County, ILS OR LOC/DME RWY 6, Amdt 1
Lexington, NC, Davidson County, RNAV (GPS) RWY 6, Orig
Lexington, NC, Davidson County, RNAV (GPS) RWY 24, Orig
Lexington, NC, Davidson County, Takeoff Minimums and Obstacle DP,
Amdt 1
Washington, NC, Warren Field, VOR/DME RWY 5, Amdt 3
Atkinson, NE., Stuart-Atkinson Muni, RNAV (GPS) RWY 11, Amdt 1
Newark, NJ, Newark Liberty Intl, GLS RWY 4L, Orig-C
Newark, NJ, Newark Liberty Intl, ILS OR LOC RWY 4L, ILS RWY 4L (SA
CAT I), ILS RWY 4L (SA CAT II), Amdt 14
Newark, NJ, Newark Liberty Intl, RNAV (GPS) RWY 4L, Amdt 2
Farmingdale, NY, Republic, RNAV (GPS) RWY 1, Amdt 2
Farmingdale, NY, Republic, RNAV (GPS) RWY 19, Amdt 2
Farmingdale, NY, Republic, RNAV (GPS) Y RWY 14, Amdt 2
New York, NY, La Guardia, RNAV (GPS) RWY 31, Amdt 1
Penn Yan, NY, Penn Yan, Takeoff Minimums and Obstacle DP, Amdt 4
Grants Pass, OR, Grants Pass, GPS-A, Amdt 1, CANCELED
Grants Pass, OR, Grants Pass, RNAV (GPS)-A, Orig
Grants Pass, OR, Grants Pass, Takeoff Minimums and Obstacle DP, Amdt
1
Charleston, SC, Charleston AFB/Intl, ILS OR LOC RWY 15, ILS RWY 15
(SA CAT I), ILS RWY 15 (CAT II), Amdt 24
Charleston, SC, Charleston AFB/Intl, RNAV (RNP) Z RWY 3, Orig
Charleston, SC, Charleston AFB/Intl, RNAV (RNP) Z RWY 15, Orig
Charleston, SC, Charleston AFB/Intl, RNAV (RNP) Z RWY 21, Orig
Charleston, SC, Charleston AFB/Intl, RNAV (RNP) Z RWY 33, Orig
Dillon, SC, Dillon County, Takeoff Minimums and Obstacle DP, Amdt 1
Aberdeen, SD, Aberdeen Regional, LOC/DME BC RWY 13, Amdt 10A,
CANCELED
Dallas, TX, Collin County Rgnl at Mc Kinney, RNAV (GPS) RWY 18, Amdt
2
Dallas, TX, Collin County Rgnl at Mc Kinney, RNAV (GPS) RWY 36, Amdt
2
Dallas, TX, Collin County Rgnl at Mc Kinney, Takeoff Minimums and
Obstacle DP, Amdt 2
Dallas, TX, Collin County Rgnl at Mc Kinney, VOR/DME-A, Amdt 2
Houston, TX, Ellington Field, RNAV (GPS) RWY 22, Amdt 2
Kountze/Silsbee, TX, Hawthorne Field, RNAV (GPS) RWY 13, Amdt 1
Longview, TX, East Texas Rgnl, RNAV (GPS) RWY 18, Amdt 2
Heber, UT, Heber City Muni-Russ McDonald Field, RNAV (GPS)-A, Amdt 2
Abingdon, VA, Virginia Highlands, LOC RWY 24, Amdt 4
Abingdon, VA, Virginia Highlands, RNAV (GPS) RWY 6, Amdt 1
Abingdon, VA, Virginia Highlands, RNAV (GPS) RWY 24, Amdt 1
Everett, WA, Snohomish County (Paine Fld), ILS OR LOC/DME Y RWY 16R,
Amdt 22
Everett, WA, Snohomish County (Paine Fld), ILS OR LOC/DME Z RWY 16R,
ILS Z RWY 16R (SA CAT II), Orig
Everett, WA, Snohomish County (Paine Fld), RNAV (GPS) RWY 34L, Amdt
1
Everett, WA, Snohomish County (Paine Fld), RNAV (GPS)Y RWY 16R, Amdt
1
Everett, WA, Snohomish County (Paine Fld), RNAV (GPS) Z RWY 16R,
Orig
Madison, WI, Dane County Rgnl-Truax Field, RNAV (GPS) RWY 3, Orig
Madison, WI, Dane County Rgnl-Truax Field, RNAV (GPS) RWY 21, Amdt 2
Shawano, WI, Shawano Muni, GPS RWY 29, Orig-A CANCELED
Shawano, WI, Shawano Muni, RNAV (GPS) RWY 12, Orig
Shawano, WI, Shawano Muni, RNAV (GPS) RWY 30, Orig
Pinedale, WY, Ralph Wenz Field, RNAV (GPS) RWY 11, Amdt 2
Pinedale, WY, Ralph Wenz Field, RNAV (GPS) RWY 29, Amdt 2

[FR Doc. 2012-16491 Filed 7-13-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Rules and Regulations]
[Pages 41508-41511]
[FR Doc No: 2017-18570]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0164; Product Identifier 2017-NE-06-AD; Amendment
39-19008; AD 2017-17-18]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
General Electric Company (GE) CF34-8 model turbofan engines. This AD
was prompted by analysis that resulted in the reduction of the life of
the affected fan blades. This AD requires inspections of the affected
fan blades until their removal. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective October 6, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 6,
2017.

ADDRESSES: For service information identified in this final rule,
contact General Electric Company, GE--Aviation, Room 285, 1 Neumann
Way, Cincinnati, OH 45215, phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>You may view this service information at the
FAA, Engine and Propeller Standards Branch, Policy and Innovation
Division, 1200 District Avenue, Burlington, MA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2017-0164.

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-2017-
0164; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this final rule, the regulatory evaluation, any comments
received, and other information. The address for the Docket Office
(phone:<PHONE_NUMBER>) is Document Management Facility, U.S. Department
of Transportation, Docket Operations, M-30, West Building

Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590.

FOR FURTHER INFORMATION CONTACT: John Frost, Aerospace Engineer, FAA,
ECO Branch, Compliance and Airworthiness Division, 1200 District
Avenue, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain GE CF34-8 model
turbofan engines. The NPRM published in the Federal Register on April
14, 2017 (82 FR 17945). The NPRM was prompted by analysis that showed
that the stresses in the pinholes, in the affected fan blades, could
result in crack initiation at pinhole surfaces beyond 19,000, 19,500,
or 25,000 cycles-since-new (CSN), depending on the engine model on
which the blade is installed. The NPRM proposed to require initial and
repetitive eddy current inspections (ECIs) and removal of affected fan
blades before reaching 41,000 CSN. The NPRM also provided an option to
repair affected blades, which allows for an additional 28,000 cycles
before removal. This condition, if not corrected, could result in
failure of the fan blade, uncontained blade release, damage to the
engine, and damage to the airplane.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.
    The Air Line Pilots Association expressed support for the NPRM.

Request To Rescind the AD

    Republic Airlines requested that we rescind the AD action. Republic
Airlines does not feel that the failure of the blade is an
airworthiness issue that should be addressed by this AD. Republic
Airlines feels that in the event of a failed blade, the aircraft could
continue to a safe flight and landing. The failure would be evident
operationally and the crews would take the appropriate steps to return
the aircraft and its occupants safely to the closest airport.
    We disagree. Based on the analysis that resulted in the reduction
of the life of the affected fan blades, the FAA determined an unsafe
condition exists based on the extremely high number of forecasted
events. We did not change this AD.

Request To Change Related Service Information

    J-Air & Horizon Air requested that we mandate the use of specific
service bulletins in paragraph (g) of this AD. Paragraph (g) of this AD
does not specify an ECI procedure.
    We partially agree. We disagree with mandating the use of specific
service bulletins in paragraph (g) of this AD because that would
preclude the use of other procedures that may be acceptable.
    However, we added a statement to compliance paragraph (g) in this
AD indicating the GE service documents in which guidance can be found
for performing the ECI.

Request To Add Repetitive Inspections Intervals

    Horizon Air requested that we provide instructions with regard to
the repetitive inspection interval requirements for fan blades that
have accumulated an unknown number of CSN.
    We agree. We added paragraph (g)(4)(iii) of this AD to mandate a
repetitive inspection.

Request To Add Terminating Action

    Horizon Air requested that we provide a designated paragraph for
terminating action. Although paragraph (h) of this AD provides fan
blade, part number (P/N) 4114T31G01, as a repair option, the repair is
not specifically given as a means to terminate the repetitive
inspections required for fan blade, P/N 4114T15P02.
    We disagree. This AD requires repetitive inspections only for fan
blade, P/N 4114T15P02. Therefore, once a fan blade is repaired to P/N
4114T31G01, a repetitive inspection is not required. We did not change
this AD.

Request To Update Service Information

    Horizon Air requested that all references to GE Alert Service
Bulletin (ASB) CF34-8E SB 72-A0115, R03 be revised to R04.
    We agree. We revised this AD to refer to the latest service
information revision and date.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the changes described previously and minor
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed GE ASB CF34-8C SB 72-A0137, Revision 5 (R05), dated
June 15, 2016. This ASB identifies an approved inspection method and
provides the procedures necessary for calculating the adjusted CSN for
the initial inspection of CF34-8C fan blades.
    We also reviewed CF34-8E ASB 72-A0060, Revision 5 (R05), dated June
15, 2016. This ASB identifies an approved inspection method and
provides the procedures necessary for calculating the adjusted CSN for
the initial inspection of CF34-8E fan blades.
    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.

Other Related Service Information

    We reviewed GE ASBs CF34-8E SB 72-A0115, R04, dated December 9,
2016; and CF34-8C SB 72-A0225, R03, dated December 9, 2016. These ASBs
describe procedures for repairing fan blade, part number (P/N)
4114T15P02 to P/N 4114T31G01, with the installation of a bushing in the
pinholes.

Costs of Compliance

    We estimate that this AD affects 1,986 engines installed on
airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Initial ECI Inspection................  4 work-hours x $85 per                $0            $340        $675,240
                                         hour = $340.
Replacement of fan blade (prorated      0 work-hours x $85 per             5,460           5,460      10,843,560
 annual cost).                           hour = $0.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2017-17-18 General Electric Company: Amendment 39-19008; Docket No.
FAA-2017-0164; Product Identifier 2017-NE-06-AD.

(a) Effective Date

    This AD is effective October 6, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to General Electric Company (GE) CF34-8C1, CF34-
8C5, CF34-8C5A1, CF34-8C5B1, CF34-8C5A2, CF34-8C5A3, CF34-8E2, CF34-
8E2A1, CF34-8E5, CF34-8E5A1, CF34-8E5A2, CF34-8E6 and CF34-8E6A1
engines, including engines marked on the engine data plate as CF34-
8C5B1/B, CF34-8C5/B, CF34-8C5A1/B, CF34-8C5A2/B, CF34-8C5/M, CF34-
8C5A1/M, CF34-C8C5A2/M, CF34-8C5A3/B, or CF34-8C5B1/M, with a fan
blade, part number (P/N) 4114T15P02 or P/N 4114T31G01, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7230, Turbine Engine
Compressor Section.

(e) Unsafe Condition

    This AD was prompted by analysis that resulted in the reduction
of the life of the affected fan blades. We are issuing this AD to
prevent failure of the fan blade, uncontained blade release, damage
to the engine, and damage to the airplane.

(f) Compliance

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

(g) Eddy Current Inspections (ECIs)

    (1) For CF34-8C1, CF34-8C5B1, CF34-8C5B1/B and CF34-8E2 engines
with fan blade, P/N 4114T15P02, installed:
    (i) Perform an initial ECI of the fan blade pinhole prior to the
fan blade accumulating 25,000 cycles-since-new (CSN); and
    (ii) Repeat this inspection within every 3,000 cycles
thereafter.
    (2) For CF34-8C5, CF34-8C5/B, CF34-8C5A1, CF34-8C5A1/B, CF34-
8C5A2, CF34-8C5A2/B, CF34-8E2A1, CF34-8E5, CF34-8E5A1, CF34-8E6 and
CF34-8E6A1 engines with fan blade, P/N 4114T15P02, installed:
    (i) Perform an initial ECI of the fan blade pinhole prior to the
fan blade accumulating 19,500 CSN; and
    (ii) Repeat this inspection within every 3,000 cycles
thereafter, until the fan blade has accumulated 25,000 CSN, then
repeat the inspection every 1,500 cycles thereafter.
    (3) For CF34-8C5/M, CF34-8C5A1/M, CF34-8C5A2/M, CF34-8C5A3,
CF34-8C5A3/B, CF34-8C5B1/M, and CF34-8E5A2 engines with fan blade,
P/N 4114T15P02, installed:
    (i) Perform an initial ECI of the fan blade pinhole prior to the
fan blade accumulating 19,000 CSN; and
    (ii) Repeat this inspection within every 3,000 cycles
thereafter, until the fan blade has accumulated 25,000 CSN, then
repeat the inspection every 1,500 cycles thereafter.
    (4) For any affected engine with a fan blade, P/N 4114T15P02,
installed, where the CSN of the fan blade is unknown on the
effective date of this AD:
    (i) Assume the blade has accumulated 25,000 CSN on the effective
date of this AD; and
    (ii) Inspect the blade prior to installation or within 500
cycles after the effective date of this AD, whichever is earlier.
    (iii) Repeat this inspection based on the intervals of the new
engine installation, as specified in paragraph (g) of this AD.
    (5) If a fan blade is moved from one affected engine model to
another affected model after the initial ECI:
    (i) Perform an additional ECI of the blade prior to installation
in the new model; and
    (ii) Repeat this inspection based on the intervals of the new
engine installation, as specified in paragraph (g) of this AD.
    (6) If a fan blade, P/N 4114T15P02, has been used on more than
one engine model prior to the initial ECI, use Appendix A of GE
Alert Service Bulletin (ASB) CF34-8C SB

72-A0137, R05, dated June 15, 2016, or Appendix A of GE ASB CF34-8E
SB 72-A0060, R05, dated June 15, 2016, to calculate the new cycle
limit for the initial inspection of that fan blade.
    (7) Guidance on performing the ECI can be found in GE Service
Bulletins GE ASB CF34-8C SB 72-A0137, R05, dated June 15, 2016, or
GE ASB CF34-8E SB 72-A0060, R05, dated June 15, 2016.

(h) Fan Blade Removal

    (1) For any affected engine with a fan blade, P/N 4114T15P02,
installed, remove the blade from service or repair to P/N 4114T31G01
prior to the blade accumulating 41,000 CSN.
    (2) For any affected engine with a fan blade, P/N 4114T31G01,
installed, remove the blade from service prior to the blade
accumulating 28,000 cycles since installation of the pinhole
bushing.

(i) Alternative Methods of Compliance (AMOCs)

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

(j) Related Information

    (1) For more information about this AD, contact John Frost,
Aerospace Engineer, FAA, ECO Branch, Compliance and Airworthiness
Division, 1200 District Avenue, Burlington, MA 01803; phone: 781-
238-7756; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) GE ASB CF34-8E SB 72-A0115, R04, dated December 9, 2016, and
GE ASB CF34-8C SB 72-A0225, R03, dated December 9, 2016, can be
obtained from GE using the contact information in paragraph (k)(3)
of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) General Electric Company (GE) Alert Service Bulletin (ASB)
CF34-8C SB 72-A0137, Revision 5 (R05), dated June 15, 2016.
    (ii) GE ASB CF34-8E SB 72-A0060, Revision 5 (R05), dated June
15, 2016.
    (3) For General Electric Company service information identified
in this AD, contact General Electric Company, GE-Aviation, Room 285,
1 Neumann Way, Cincinnati, OH 45215, phone:<PHONE_NUMBER>; fax: 513-
552-3329; email<EMAIL_ADDRESS>    (4) You may view this service information at FAA, Engine and
Propeller Standards Branch, Policy and Innovation Division, 1200
District Avenue, Burlington, MA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on August 29, 2017.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2017-18570 Filed 8-31-17; 8:45 am]
BILLING CODE 4910-13-P


                       NACAA Consultation Documentation

Memo to Docket
Record of EPA consultation with NAACA Permitting Sub-Committee on the renewal of the Information Collection Request (ICR) for 40 CFR part 70 Federal Operating Permit Program (EPA tracking number 1587.14; OMB tracking number 2060-0243.)

Date of Call: November 14, 2018.

Participants:
 EPA: Dylan Mataway-Novak, Environmental Specialist, OPG, OAQPS.
 National Association of Clean Air Agencies (NACAA): Permitting Committee Monthly Conference Call Attendees.

Purpose of Call: The EPA participated in a conference call with members from the NACAA permitting sub-committee who joined the call, regarding a previously established agenda topic to consult with the EPA and discuss any comments on the part 70 ICR renewal set to expire on March 31, 2019. At the time of the call, the first part 70 ICR renewal Federal Register notice asking for comments had been issued, and the EPA was seeking input from NACAA before submitting the ICR renewal to OMB for review and final approval.

Comments for NACAA and EPA response

NACAA Comment: Representatives from some of the states and local permitting authorities participating on the committee asked if the ICR was broken down by states or by regions.

EPA Response: The EPA provided some background information on the nature and scope of ICRs, including that the ICR is an assessment of the paperwork burdens of the program, rather than of all burdens and costs of the permitting program. The commenters appeared to be under the impression that any activities that a state or local permitting authority would consider for permit fee purposes should also be included in the ICR consideration of program burden and costs. The EPA has issued several prior guidance memoranda on the costs and activities that state and local agencies are required to cover for state permit fee purposes. Some of the activities that commenters suggested should be included in the ICR are not actually part of the ICR consideration, but they are included in title V related considerations. In addition, some activities identified, such as ambient monitoring, source monitoring, enforcement of emissions standards derived from applicable requirements, are covered separately under ICRs for those requirements. In addition, the EPA explained the mathematical nature of the ICR assumptions as averages, variability among permitting authorities, and the data used to develop the information provided in the ICR.