[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Notices]
[Pages 22368-22370]
[FR Doc No: 2017-09712]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80629; File No. SR-BatsBZX-2017-29]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees for Use on the Exchange's Equity Options Platform

May 9, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 1, 2017, Bats BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') 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 Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to BZX Rules
15.1(a) and (c).
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    \5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.bats.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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    The Exchange proposes to amend its fee schedule for its equity
options platform (``BZX Options'') to: (i) Decrease the standard rebate
provided by fee code PF; and (ii) amend certain (A) Customer Penny
Pilot Add Tiers under footnote 1; (B) Quoting Incentive Program
(``QIP'') Tiers under footnote 5; and (C) Customer Non-Penny Pilot Add
Volume Tiers under footnote 12.
Fee Code PF
    Currently, fee code PF provides a standard rebate of $0.26 per
contract for Firm,\6\ Broker Dealer \7\ and Joint Back Office \8\
orders that add liquidity on the Exchange in Penny-Pilot securities.\9\
The Exchange proposes to reduce this srebate [sic] to $0.25 per
contract. The Exchange also proposes to update the Standard Rates table
accordingly to reflect new rate.
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    \6\ ``Firm'' applies to any transaction identified by a Member
for clearing in the Firm range at the OCC, excluding any Joint Back
Office transaction. See the Exchange's fee schedule available at
http://www.bats.com/us/options/membership/fee_schedule/bzx/.
    \7\ ``Broker Dealer'' applies to any order for the account of a
broker dealer, including a foreign broker dealer, that clears in the
Customer range at the Options Clearing Corporation (``OCC''). Id.
    \8\ ``Joint Back Office'' applies to any transaction identified
by a Member for clearing in the Firm range at the OCC that is
identified with an origin code as Joint Back Office. A Joint Back
Office participant is a Member that maintains a Joint Back Office
arrangement with a clearing broker-dealer. Id.
    \9\ ``Penny Pilot Securities'' are those issues quoted pursuant
to Exchange Rule 21.5, Interpretation and Policy .01. Id.
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Customer Penny Pilot Add Tiers
    The Exchange currently offers seven Customer \10\ Penny Pilot Add
Tiers under footnote 1, which provide an enhanced rebate ranging from
$0.40 to $0.53 per contract for qualifying Customer orders that add
liquidity in Penny Pilot Securities and yield fee code PY. The Exchange
now proposes to modify Tier 3' [sic] required criteria and rebateas
[sic] well as to add new Tier 7.
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    \10\ ``Customer'' applies to any transaction identified by a
Member for clearing in the Customer range at the OCC, excluding any
transaction for a Broker Dealer or a ``Professional'' as defined in
Exchange Rule 16.1. Id.
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     Currently under Tier 3, a Member may receive a rebate of
$0.50 per contract where they have an ADV \11\ greater than or equal to
1.30% of average OCV.\12\ As amended, a Member may receive a rebate of
$0.51 per contract where they have an: (i) ADAV \13\ in Customer orders
greater than or equal to 0.50% of average OCV; and (ii) ADAV in Market
Maker \14\ orders greater than or equal to 2.75% of average OCV.
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    \11\ ``ADV'' means average daily volume calculated as the number
of contracts added or removed, combined, per day. See the Exchange's
fee schedule available at http://www.bats.com/us/options/membership/fee_schedule/bzx/.
    \12\ ``OCV'' means the total equity and ETF options volume that
clears in the Customer range at the Options Clearing Corporation
(``OCC'') for the month for which the fees apply, excluding volume
on any day that the Exchange experiences an Exchange System
Disruption and on any day with a scheduled early market close. Id.
    \13\ ``ADAV'' means average daily added volume calculated as the
number of contracts added and ``ADV'' means average daily volume
calculated as the number of contracts added or removed, combined,
per day. Id.
    \14\ ``Market Maker'' applies to any transaction identified by a
Member for clearing in the Market Maker range at the OCC, where such
Member is registered with the Exchange as a Market Maker as defined
in Rule 16.1(a)(37). Id.
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     Under proposed Tier 7, a Member would receive a rebate of
$0.53 per contract where they have an: (i) ADAV in Customer orders
greater than or equal to 0.50% of average OCV; (ii) ADAV in Market
Maker orders greater than or equal to 2.75% of average OCV; and (iii)
ADAV in Firm orders in Non-Penny Pilot Securities greater than or equal
to 0.05% of average OCV.
QIP Tiers
    The Exchange currently offers four QIP Tiers under footnote 5,
which provide an additional rebate ranging from $0.02 to $0.05 per
contract for qualifying Market Maker orders that add liquidity in: (i)
Penny Pilot Securities that yield fee code PM and; (ii) Non-Penny Pilot
Securities that yield fee code NM. The additional rebate per contract
is for an order that adds liquidity to the BZX Options in options
classes in which a Member is a Market Maker registered pursuant to
Exchange Rule 22.2. A Market Maker must be registered with BZX Options
in an average of 20% or more of the

associated options series in a class in order to qualify for QIP
rebates for that class. The Exchange now proposes to delete the current
Tier 2 and to decrease the rebate Tier 3 and renumber it as Tier 2.
     Under the current Tier 2, a Member may receive an
additional rebate of $0.04 per contract where they have an ADV greater
than or equal to 1.30% of average OCV. The Exchange proposes to delete
Tier 2.
     Under Tier 3, a Member may receive an additional rebate of
$0.05 per contract where they have an ADV in greater than or equal to
3.25% of average OCV. The Exchange proposes to decrease the rebate
provided by Tier 3 from $0.05 per contract to $0.04 per contract. The
Exchange also proposes to renumber Tier 3 as Tier 2 to reflect the
above deletion of the current Tier 2.\15\
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    \15\ The Exchange also proposes to renumber Tier 4 as Tier 3 to
reflect the above deletion of the current Tier 2.
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Customer Non-Penny Pilot Add Volume Tiers
    The Exchange currently offers two Customer Non-Penny Pilot Add
Volume Tiers under footnote 12, which provide an enhanced rebate of
$1.00 or $1.05 per contract for qualifying Customer orders which add
liquidity in Non-Penny Pilot Securities and yield fee code NY. The
Exchange proposes to add two new Customer Non-Penny Pilot Add Volume
Tiers under footnote 12.
     Under the newly proposed Tier 1, a Member would receive a
rebate of $0.92 per contract where they have an: (i) ADAV in Customer
orders greater than or equal to 0.50% of average OCV; and (ii) ADAV in
Market Maker orders greater than or equal to 2.75% of average OCV. In
connection with this change, the Exchange proposes to renumber current
Tier 1 as Tier 2.. [sic] The Exchange also proposes to update the
Standard Rates table accordingly to reflect new rebate.
     Under the newly proposed Tier 3, a Member may receive a
rebate of $1.02 per share where they have an: (i) ADAV in Customer
orders greater than or equal to 0.50% of average OCV; (ii) an ADAV in
Market Maker orders greater than or equal to 2.75% of average OCV; and
(iii) an ADAV in Firm, Non-Penny orders greater than or equal to 0.05%
of average OCV. In connection with this change and the addition of new
Tier 1 described above, the Exchange proposes to renumber current Tier
2 as Tier 4.. [sic] The Exchange also proposes to update the Standard
Rates table accordingly to reflect new rebate.
Implementation Date
    The Exchange proposes to implement the above changes to its fee
schedule on May 1, 2017.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent
with the objectives of Section 6 of the Act,\16\ in general, and
furthers the objectives of Section 6(b)(4),\17\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. The Exchange also notes that it operates in a highly-
competitive market in which market participants can readily direct
order flow to competing venues if they deem fee levels at a particular
venue to be excessive or incentives to be insufficient. The proposed
rule changes reflect a competitive pricing structure designed to
incentivize market participants to direct their order flow to the
Exchange.
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    \16\ 15 U.S.C. 78f.
    \17\ 15 U.S.C. 78f(b)(4).
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Fee Codes PF
    The Exchange believes that its proposal to reduce the rebate
provided by fee code PF is fair and equitable and reasonable because
the proposed rebate remains consistent with pricing previously offered
by the Exchange as well as its competitors and does not represent a
significant departure from the Exchange's general pricing structure.
Specifically, the lower rebate to $0.25 per contract for Firm, Broker
Dealer and Joint Back Office orders which add liquidity in Penny Pilot
Securities under fee code PF is identical to NYSE Arca, Inc. (``NYSE
Arca''), which provides a standard rebate of $0.25 per contract for
similar orders.\18\ Lastly, the proposed change to fee code PF is not
unfairly discriminatory because it will apply equally to all Members.
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    \18\ See the NYSE Arca fee schedule available at https://www.nyse.com/publicdocs/nyse/markets/arca-options/NYSE_Arca_Options_Fee_Schedule.pdf.
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Tier Modifications
    The Exchange believes that the proposed modifications to the tiered
pricing structure are reasonable, fair and equitable, and non-
discriminatory. The Exchange operates in a highly competitive market in
which market participants may readily send order flow to many competing
venues if they deem fees at the Exchange to be excessive or incentives
provided to be insufficient. The proposed structure remains intended to
attract order flow to the Exchange by offering market participants a
competitive pricing structure. The Exchange believes it is reasonable
to offer and incrementally modify incentives intended to help to
contribute to the growth of the Exchange.
    Volume-based pricing such as that proposed herein have been widely
adopted by exchanges, including the Exchange, and are equitable because
they are open to all Members on an equal basis and provide additional
benefits or discounts that are reasonably related to: (i) The value to
an exchange's market quality; (ii) associated higher levels of market
activity, such as higher levels of liquidity provisions and/or growth
patterns; and (iii) introduction of higher volumes of orders into the
price and volume discovery processes. In particular, the proposed
changes to footnotes 1, 5, and 12 are intended to further incentivize
Members to send increased order flow to the Exchange in an effort to
qualify for the enhanced rebates made available by the tiers, in turn
contributing to the growth of the Exchange. The proposed changes to the
tiered pricing structure are not unfairly discriminatory because they
will apply equally to all Members.
    Lastly, the Exchange believes that eliminating Tier 2 under
footnote 5 is reasonable, fair, and equitable because this tier was not
providing the desired result of incentivizing Members to increase their
participation on the Exchange. As such, the Exchange also believes that
the proposed elimination of this tier would be non-discriminatory in
that it currently applies equally to all Members and, upon elimination,
would no longer be available to any Members. Further, its elimination
could allow the Exchange to explore other pricing mechanisms such as
those described herein, in which it may enhance market quality for all
Members.

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

    The Exchange believes the proposed amendment to its fee schedule
would not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
does not believe that the proposed changes represent a significant
departure from previous pricing offered by the Exchange or pricing
offered by the Exchange's competitors. Additionally, Members may opt to
disfavor the Exchange's pricing if they believe that alternatives offer
them better value. Accordingly, the Exchange does not believe that the
proposed changes will impair the ability of Members or competing venues
to

maintain their competitive standing in the financial markets. The
Exchange does not believe that the proposed changes to the Exchange's
standard fees, rebates and tiered pricing structure burdens
competition, but instead, enhances competition as it is intended to
increase the competitiveness of the Exchange.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \19\ and paragraph (f) of Rule 19b-4
thereunder.\20\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please
include File Number SR-BatsBZX-2017-29 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-BatsBZX-2017-29. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BatsBZX-2017-29 and should
be submitted on or before June 5, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-09712 Filed 5-12-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Rules and Regulations]
[Pages 41117-41120]
[FR Doc No: 2014-16387]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0395; Directorate Identifier 2014-SW-016-AD;
Amendment 39-17876; AD 2014-06-51]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters Deutschland GmbH
(Airbus Helicopters) (Type Certificate Previously Held by Eurocopter
Deutschland GmbH) Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are publishing a new airworthiness directive (AD) for
Airbus Helicopters Model MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-BK 117 B-
1, and MBB-BK 117 C-2 helicopters with a certain Metro Aviation, Inc.
(Metro), vapor-cycle air conditioning kit pulley (pulley) installed,
which was sent previously to all known U.S. owners and operators of
these helicopters. This AD supersedes AD 2013-12-06, which required
inspecting the pulley for looseness and properly installed lockwire and
re-installing the pulley. Since we issued AD 2013-12-06, we received a
report of a possible design and manufacturing deficiency in some
pulleys wherein they did not have sufficient thread depth, allowing the
pulley to detach from the rotor brake disc. This AD requires inspecting
each pulley attaching bolt hole to determine if there is sufficient
depth of the threads and either removing the pulley if the depth is
insufficient or installing dual locking tabs under each pulley
attaching bolt if the depth is sufficient. These actions are intended
to prevent the pulley from detaching, resulting in damage to the tail
rotor (T/R) driveshaft, and subsequent loss of control of the
helicopter.

DATES: This AD becomes effective July 30, 2014 to all persons except
those persons to whom it was made immediately effective by Emergency AD
(EAD) 2014-06-51, issued on March 24, 2014, which contains the
requirements of this AD.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of July 30, 2014.
    We must receive comments on this AD by September 15, 2014.

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 or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the economic evaluation, any
incorporated by reference service information, any comments received,
and other information. The street address for the Docket Operations
Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
    For service information identified in this AD, contact Metro
Aviation, Inc.,

1214 Hawn Ave, Shreveport, LA 71107; phone:<PHONE_NUMBER>; Web site:
metroproductsupport.com. You may review the referenced service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Martin Crane, Aviation Safety
Engineer, Rotorcraft Certification Office, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments prior to it becoming effective. However, we
invite you to participate in this rulemaking by submitting written
comments, data, or views. We also invite comments relating to the
economic, environmental, energy, or federalism impacts that resulted
from adopting this AD. The most helpful comments reference a specific
portion of the AD, 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. We will file in the docket all comments that
we receive, as well as a report summarizing each substantive public
contact with FAA personnel concerning this rulemaking during the
comment period. We will consider all the comments we receive and may
conduct additional rulemaking based on those comments.

Discussion

    On June 13, 2013, we issued AD 2013-12-06, Amendment 39-17484 (78
FR 40956, July 9, 2013) (AD 2013-12-06), for Eurocopter Deutschland
GmbH (now Airbus Helicopters) Model MBB-BK 117 A-3, MBB-BK 117 A-4,
MBB-BK 117 B-1, and MBB-BK 117 C-2 helicopters with a Metro vapor-cycle
air conditioning kit installed in accordance with Supplemental Type
Certificate No. SH3880SW. AD 2013-12-06 required repetitively
inspecting the air conditioning drive pulley for looseness and properly
installed lockwire, and also required reinstalling the pulley. AD 2013-
12-06 resulted from two reports of the pulley detaching from the rotor
brake disk on the T/R driveshaft. We issued AD 2013-12-06 to prevent
separation of the pulley, damage to the T/R driveshaft, and subsequent
loss of control of the helicopter.

Actions Since AD 2013-12-06 Was Issued

    After we issued AD 2013-12-06, Metro developed a procedure to
install a tabbed washer underneath the bolt heads securing the pulley
to the rotor disc. This procedure was intended to provide a secondary
locking feature to the bolts, and to relieve the requirement for
repetitive inspections of the safety wire which secures the bolts. On
December 20, 2013, Metro requested and we approved this procedure as a
global Alternative Method of Compliance (AMOC) for AD 2013-12-06 in
lieu of performing the repetitive inspections required by paragraph (e)
of that AD.
    On March 10, 2014, we received a report that an attaching bolt
would not seat on the mating surface of the pulley. Compliance with the
AMOC revealed a possible design deficiency and a manufacturing defect
in some pulleys. Metro has determined that the pulley, along with two
additional pulleys from other helicopters, did not have sufficient
thread depth. This condition may allow the attaching bolts to come
loose, resulting in the pulley detaching from the rotor brake disc,
subsequent damage to the T/R driveshaft, and loss of control of the
helicopter.
    On March 24, 2014, we issued EAD 2014-06-51, which superseded AD
2013-12-06, for those to whom it was made immediately effective. EAD
2014-06-51 requires inspecting the pulley to determine if there is
sufficient depth of the threads and removing the pulley if there is not
sufficient depth. EAD 2014-06-51 also requires installing a dual
locking tab on each pulley attaching bolt and reporting the inspection
findings to the FAA. Finally, EAD 2014-06-51 revises the applicability
to helicopters with a pulley, P/N 30001, installed rather than with the
air conditioning kit installed because this pulley has been determined
to be the unsafe condition. EAD 2014-06-51 was sent previously to all
known U.S. owners and operators of these helicopters. The actions in
EAD 2014-06-51 are intended to prevent the pulley detaching from the
rotor brake disc, subsequent damage to the T/R driveshaft, and loss of
control of the helicopter.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs.

Related Service Information

    We reviewed Metro Alert Service Bulletin (ASB) No. MA145-21B-003,
Revision B, dated December 20, 2013 (ASB MA145-21B-003), which
describes procedures for installing a dual-locking tab on the air
conditioning drive pulley attachment bolts.
    Since we issued EAD 2014-06-51, Metro released ASB No. MA145-21-
004, Revision IR, dated March 24, 2014, which describes procedures for
inspecting the air conditioning drive pulley thread depth. This AD
continues to reference ASB MA145-21B-003.

AD Requirements

    This AD requires, within 5 hours time-in-service, inspecting each
pulley attaching bolt hole to determine if there is sufficient depth of
the threads. If the depth is less than 0.61 inch, this AD requires
removing the pulley. This AD also requires installing dual locking tabs
under each pulley attaching bolt by following the Accomplishment
Instructions, paragraphs 3.E. through 3.G., of ASB MA145-21B-003. This
AD also requires submitting a report of the inspection findings to the
FAA.

Differences Between This AD and the Service Information

    This AD requires determining the depth of the threaded portion of
the pulley attaching bolt holes; the service information does not.

Costs of Compliance

    We estimate that this AD will affect 75 helicopters of U.S.
Registry. We estimate that operators may incur the following costs in
order to comply with this AD. At an average labor rate of $85 per work-
hour, inspecting the pulley bolt holes, and installing the tabbed
washers will require 6 work hours, and required parts will cost $100,
for a cost per helicopter of $610 and a total cost of $45,750 for the
fleet.
    Reviewing instructions, collecting and reviewing information, and
submitting a report to the FAA will require 0.5 work-hour, for a cost
per helicopter of $43 and a cost of $3,225 for the fleet.
    If necessary, replacing a pulley will require about 2 work-hours,
and required parts would cost $800, for a total cost per helicopter of
$970.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the

requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting required by this AD
is mandatory. Comments concerning the accuracy of this burden and
suggestions for reducing the burden should be directed to the FAA at
800 Independence Ave. SW., Washington, DC 20591. ATTN: Information
Collection Clearance Officer, AES-200.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments before adopting these
AD requirements would delay implementing the safety actions needed to
correct this known unsafe condition. Therefore, we found and continue
to find that the risk to the flying public justifies waiving notice and
comment prior to adopting this rule because the required corrective
actions must be done within 5 hours time-in-service, a very short time
period based on the average flight-hour utilization rate of these
helicopters.
    Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment before issuing this AD
were impracticable and contrary to the public interest and that good
cause existed to make the AD effective immediately by EAD 2014-06-51,
issued on March 24, 2014, to all known U.S. owners and operators of
these helicopters. These conditions still exist and the AD is hereby
published in the Federal Register as an amendment to section 39.13 of
the Federal Aviation Regulations (14 CFR 39.13) to make it effective to
all persons.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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, 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.
    We prepared an economic evaluation of the estimated costs to comply
with this 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.

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 removing Airworthiness Directive (AD)
2013-12-06, Amendment 39-17484 (78 FR 40956, July 9, 2013), and adding
the following new AD:

2014-06-51 Airbus Helicopters Deutschland GmbH (Airbus Helicopters)
(Type Certificate Previously Held By Eurocopter Deutschland GmbH)
Helicopters: Amendment 39-17876; Docket No. FAA-2014-0395;
Directorate Identifier 2014-SW-016-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Model MBB-BK 117 A-3, MBB-
BK 117 A-4, MBB-BK 117 B-1, and MBB-BK 117 C-2 helicopters with a
Metro Aviation, Inc., vapor-cycle air conditioning kit pulley
(pulley) part number (P/N) 30001 installed in accordance with
Supplemental Type Certificate (STC) No. SH3880SW.

(b) Unsafe Condition

    This AD defines the unsafe condition as insufficient thread
depth which could allow the attaching bolts to come loose, resulting
in the pulley detaching from the rotor brake disc, subsequent damage
to the tail rotor (T/R) driveshaft, and loss of control of the
helicopter.

(c) Effective Date

    This AD becomes effective July 30, 2014 to all persons except
those persons to whom it was made immediately effective by Emergency
AD 2014-06-51, issued on March 24, 2014, which contains the
requirements of this AD.

(d) Affected ADs

    This AD supersedes AD 2013-12-06, Amendment 39-17484 (78 FR
40956, July 9, 2013).

(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

    Within 5 hours time-in-service, inspect each pulley attaching
bolt hole to determine the depth:
    (1) Relieve tension from the compressor drive belt and remove
each bolt that attaches the pulley to the rotor brake disc. Do not
remove all three bolts at the same time.
    (2) Remove AN960-416 washer or MAI-145-DUAL LOCK TAB washer.
    (3) Using a bolt or screw with \1/4\-28 threads with 0.5 inch of
threads and a minimum of 0.8 inch grip length, coat the shank with
blue dye or permanent marker and thread into hole until threads have
lightly bottomed (finger tight). Scribe the shank flush with the
face of the rotor brake disk. Measure distance from end to scribe
mark (length protruding into assembly). This dimension represents
total depth of threads and stack-up of the brake disk.
    (4) If the depth measures less than 0.61 inch, remove the
pulley.
    (5) If the depth measures 0.61 inch or more, install dual
locking tabs as described in the Accomplishment Instructions,
paragraphs 3.E. through 3.G., of Metro Aviation, Inc., Alert Service
Bulletin No. MA145-21B-003, Revision B, dated December 20, 2013.

(g) Reporting Requirement

    Within 10 days after inspecting the pulley as required by
paragraph (f)(3) of this AD, submit a report with the helicopter
model, helicopter serial number, hole number 1 thread depth, hole
number 2 thread depth (if measured), and hole number 3 thread depth

(if measured) to the person identified in paragraph (h)(1) of this
AD.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Certification Office, FAA, may
approve AMOCs for this AD. Send your proposal to: Martin Crane,
Aviation Safety Engineer, Rotorcraft Certification Office,
Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas
76137; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest 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.

(i) Additional Information

    (1) Metro Aviation, Inc., Alert Service Bulletin No. MA145-21-
004, Revision IR, dated March 24, 2014, which is not incorporated by
reference, contains additional information about the subject of this
AD. For service information identified in this AD, contact Metro
Aviation, Inc., 1214 Hawn Ave., Shreveport, LA 71107; phone: (318)
222-5529; Web site: metroproductsupport.com. You may review a copy
of the service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth
Texas 76137.
    (2) STC No. SH3380SW, amended April 16, 2004, may be found on
the Internet at, http://www.regulations.gov in Docket No. FAA-2014-
0395.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 6500: Tail Rotor
Drive.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Metro Aviation, Inc., Alert Service Bulletin No. MA145-21B-
003, Revision B, dated December 20, 2013.
    (ii) Reserved.
    (3) For Metro Aviation, Inc., service information identified in
this AD, contact Metro Aviation, Inc., 1214 Hawn Ave, Shreveport, LA
71107; phone:<PHONE_NUMBER>; Web site: metroproductsupport.com.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas 76137. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference 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 Fort Worth, Texas, on June 16, 2014.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 2014-16387 Filed 7-14-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Rules and Regulations]
[Pages 34258-34261]
[FR Doc No: 2013-13520]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0405]
RIN 1625-AA00

Safety Zone; Salvage Operations at Marseilles Dam; Illinois River

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Illinois River starting at Mile Marker 246.9 and
extending 600 yards upstream of the Marseilles Dam to Mile Marker
247.2. This zone is intended to restrict the movement of vessels due to
the salvage operations and repair efforts at the Marseilles Dam. This
safety zone is necessary to protect the general public, vessels, and
tows from the hazards associated with those repair and salvage
operations.

DATES: This rule is effective in the CFR June 7, 2013 through November
30, 2013. This rule is effective for purposes of enforcement with
actual notice on May 17, 2013. This rule will remain in effect until
November 30, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0405]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact MST1 Joseph McCollum, Prevention Department, Coast Guard Sector
Lake Michigan, Milwaukee, WI at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
RNA Regulated Navigation Area

A. Regulatory History and Information

    On April 18, 2013, in light of dangerously high water conditions,
the Coast Guard established a temporary safety zone on the Illinois
River from Mile Marker 187.2 to Mile Marker 285.9 (USCG-2013-0299). The
safety zone restricted recreational and commercial vessel transits in
the zone without the permission of the Captain of the Port Lake
Michigan. Because of the emergent nature of the flooding, the Coast
Guard did not solicit comments before establishing this temporary
safety zone.
    On April 26, 2013, in order to facilitate commerce and in
consideration of salvage operations around the Marseilles Dam, the
Coast Guard established a temporary safety zone (USCG-2013-0323) that
authorized commercial vessels to transit the Illinois River except from
Mile Marker 244 to Mile Marker 252. Recreational vessels were
prohibited from Mile Marker 187.2 to 285.9. Because of the emergent
nature of the flooding, the Coast Guard also did not solicit comments
prior to establishing this temporary safety zone.
    On April 29, 2013, to further ensure the safety of those vessels
transiting in the vicinity of the Marseilles Dam and the salvage
operations there, the Coast Guard established a temporary safety zone
(USCG-2013-0334) that restricted access on the Illinois River from the
gates of the Dresden Lock and Dam at Mile Marker 271.4 to the gates of
the Starved Rock Lock and Dam at Mile Marker 231.0. Because of the
emergent nature of the flooding, the Coast Guard also did not solicit
comments prior to establishing this temporary safety zone.
    On May 3, 2013 the Coast Guard established an RNA on the Illinois
River from the gates of the Dresden Lock and Dam at Mile Marker 271.4
to Mile Marker 240.0 (USCG-2013-0344). This RNA was established to
ensure the safety of those vessels transiting in the vicinity of the
Marseilles Dam and the Salvage Operation there. Enforcement of the
prior safety zones were suspended.

The RNA established restrictions which: directed vessels to transit
under optimal ambient conditions; controlled tow configurations and
other operational conditions; and established conditions which required
a check-in process through Marseilles Lock and Dam. Because of the
emergent nature of the river conditions, and the potential compromise
of the Marseilles Dam, the Coast Guard also did not solicit comments
prior to establishing this RNA.
    Now the Coast Guard is issuing a fifth temporary final rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because doing so
would be impracticable and contrary to the public interest. The Coast
Guard is issuing this rule in response to an immediate and hazardous
situation which involves: salvage operations in the vicinity of the
Marseilles Dam. Thus, delaying the effective date of this rule to wait
for a comment period to run would be both impracticable and contrary to
the public interest because it would inhibit the Coast Guard's ability
to protect persons and vessels from the hazards, which are discussed
further below, associated with the salvage operations and repair
efforts at the Marseilles Dam.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for 30 day notice period to run would
be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    Heavy and extended periods of rain during the first half of the
month of April resulted in dangerously high waters within the Illinois
River, bringing excessive debris, rapidly-flowing water, and
complicating vessel navigation. These high and rapidly-moving waters
also threatened to damage critical infrastructure including river
levees.
    Since April 18, 2013, seven barges broke loose from their tow
during an approach to the Marseilles Lock canal and lodged against the
Marseilles Dam. Salvage operations are underway to recover the barges.
The salvage operations involve the use of multiple barges, cranes,
vessels, and heavy equipment. A survey of the Marseilles Dam found that
two gates had been severely damaged. Thus, in addition to the current
hazardous conditions involved in the salvage operation, the Captain of
the Port is issuing this temporary final rule for an extended effective
period to allow for the repair efforts at the Marseilles Dam and the
hazardous conditions which will be present during that time.
    The safety risks associated with these conditions include
collisions among heavy equipment, barges, and work vessels involved in
the salvage and repair effort and passing vessel traffic, as well as
damage or injury caused by falling debris.

C. Discussion of Rule

    The Captain of the Port, Lake Michigan, has determined that a
safety zone is necessary to mitigate the aforementioned safety risks.
Thus, this rule establishes a safety zone that encompasses all waters
of the Illinois River starting at Mile Marker 246.9 and extending 600
yards upstream of the Marseilles Dam to Mile Marker 247.2. This rule
will restrict vessels that intend to transit this portion of the
Illinois River. This rule is effective and will be enforced with actual
notice from May 17, 2013 until November 30, 2013.
    The Captain of the Port Lake Michigan will notify the public that
this safety zone is being enforced by all appropriate means to the
affected segments of the public including publication in the Federal
Register as practicable, in accordance with 33 CFR 165.7(a). Such means
of notification may also include, but are not limited to Broadcast
Notice to Mariners or Local Notice to Mariners.
    All persons and vessels shall comply with the instructions of the
Captain of the Port, Lake Michigan, or his or her designated on-scene
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port, Lake
Michigan, or his or her designated on-scene representative. The Captain
of the Port, Lake Michigan, or his or her designated on-scene
representative may be contacted via VHF Channel 16 or by contacting the
Coast Guard Sector Lake Michigan Command Center at<PHONE_NUMBER>.

D. Regulatory Analysis

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). We conclude that this rule is not a
significant regulatory action because we anticipate that it will have
minimal impact on the economy, will not interfere with other agencies,
will not adversely alter the budget of any grant or loan recipients,
and will not raise any novel legal or policy issues. The safety zone
created by this rule will be relatively small and enforced for about
six months to allow for vital salvage and repair operations. Also, this
safety zone is designed to minimize its impact on navigable waters by
allowing vessels to transit unrestricted to portions of the waterways
not affected by the safety zone. Thus, restrictions on vessel movements
within that particular area are expected to be minimal. Under certain
conditions, moreover, vessels may still transit through the safety zone
when permitted by the Captain of the Port, Lake Michigan. On the whole,
the Coast Guard expects insignificant adverse impact to mariners from
the activation of this safety zone.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.

The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit portions of the Illinois River during the time that this
zone is enforced.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: this
safety zone is designed to allow vessels to transit unrestricted to
portions of the waterways not affected by the safety zone; an area to
the south of the salvage and repair operations has been provided to
allow traffic to transit the Illinois River when conditions surrounding
the salvage operations allow. This safety zone would be effective and
thus subject to enforcement, for about six months. Traffic may be
allowed to pass through the zone with the permission of the Captain of
the Port. The Captain of the Port can be reached via VHF channel 16.
Before the enforcement of the zone, we would issue local Broadcast
Notice to Mariners.

 3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so they can better evaluate its
effects on them. If this rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

 4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

 5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Unfunded Mandates Reform Act

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

7. Taking of Private Property

    This rule will not affect the taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

 8. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

 9. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

 10. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

 11. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

 12. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

 13. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone, and
thus, paragraph 34(g) of figure 2-1 in Commandant Instruction M16475.lD
applies.
    An environmental analysis checklist supporting this determination
and a Categorical Exclusion Determination are available in the docket
where indicated under ADDRESSES. We seek comments or information that
may lead to the discovery of a significant environmental impact from
this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T09-0405 to read as follows:

Sec.  165.T09-0405  Safety Zone; Salvage Operations at Marseilles Dam;
Illinois River.

    (a) Location. All waters of the Illinois River starting at Mile
Marker 246.9 and extending 600 yards upstream of the Marseilles Dam to
Mile Marker 247.2.

    (b) Effective and Enforcement Period. This safety zone will be
effective and enforced from May 17, 2013, until November 30, 2013.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port, Lake
Michigan or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Lake Michigan or his
designated on-scene representative. The Captain of the Port, Lake
Michigan or his on-scene representative may make exceptions to the
restrictions of this safety zone for vessels intending to transit the
Illinois River via the Marseilles Lock Canal and its approach channel
south of Marseilles Dam. Notice of this exception, or other exceptions,
will be made via Broadcast Notice to Mariners.
    (3) The ``on-scene representative'' of the Captain of the Port,
Lake Michigan is any Coast Guard commissioned, warrant or petty officer
who has been designated by the Captain of the Port, Lake Michigan to
act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Lake Michigan or his on-
scene representative to obtain permission to do so. The Captain of the
Port, Lake Michigan or his on-scene representative may be contacted via
VHF Channel 16. Vessel operators given permission to enter or operate
in the safety zone must comply with all directions given to them by the
Captain of the Port, Lake Michigan, or his on-scene representative.

    Dated: May 17, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-13520 Filed 6-6-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 18, 2005 (Volume 70, Number 200)]
[Notices]
[Page 60555]
[DOCID:fr18oc05-101]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-3216-EM]

Texas; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the State of Texas (FEMA-3216-EM), dated September 2, 2005, and related
determinations.

EFFECTIVE DATE: September 24, 2005.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal
Emergency Management Agency, Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Acting Under Secretary for Emergency Preparedness and Response,
Department of Homeland Security, under Executive Order 12148, as
amended, Sandy Coachman, of FEMA is appointed to act as the Federal
Coordinating Officer for this declared emergency.
    This action terminates my appointment of Gary Jones as Federal
Coordinating Officer for this emergency.

(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 Program; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services Program; 97.034,
Disaster Unemployment Assistance (DUA); 97.046, Fire Management
Assistance; 97.048, Individuals and Households Housing; 97.049,
Individuals and Households Disaster Housing Operations; 97.050
Individuals and Households Program-Other Needs, 97.036, Public
Assistance Grants; 97.039, Hazard Mitigation Grant Program)

R. David Paulison,
Acting Under Secretary, Emergency Preparedness and Response, Department
of Homeland Security.
[FR Doc. 05-20774 Filed 10-17-05; 8:45 am]

BILLING CODE 9110-10-P


Meeting Minutes:  December 11, 2007

Sulfuryl Fluoride - Exposure Discussion;  EPA (OPP, OAR) & Dow
AgroSciences, Exponent

Recorder:  Meredith Laws

	      Registration Division, OPP

Introduction:  M. Laws stated that there was no set agenda for the
discussion.

                       Dow expressed appreciation and acknowledged the
complexities of the issues with SF and noted that the SF risk assessment
and exposures are unique.  Dow asked about the goal of the mtg being the
discussion of the exposure assumptions, changes that have been made, and
the steps forward.

Discussion of OPP, HED handouts:	M. Doherty, EPA: provided handouts:  a
spreadsheet and tables of the dietary exposure assumptions.  We are
looking at what Profume uses are driving exposure to fluoride, space
fumigation + direct food fumigation.  Spread sheet shows drivers at top
(totals 9 pages long but quickly drops off so not all pages provided).

	M. Doherty noted the cryolite piece on the bar chart comes from grapes
and that space fumigation = low amount of food (fraction) treated.
Under food – most commodities assumed 100% treated (id’d as “1”
in the fraction column).

	R. Keigwin noted that OPP has a new food handling model – but it has
not been tested for fumigants yet.  Focus has been on crack & crevice
treatment.

	Attendees discussed the spread sheet and what columns meant.
“Other” on the bar chart are items such as coffee, grapes, etc.
Cryolite – only “cross over” group to Profume is still
raisins/grapes.

Discussion of how the commodities are used in DEEM:   M. Doherty:  the
spread sheet represents those numbers used in the January, 2006 risk
assessment.  Since the NAS report, some new exposures, ie.  we (EPA)
underestimated exposure from water.

Dow believes the NAS report has a different view of exposures from
water.  Two liters/day is the Agency’s default consumption value,
which represents about the 95th percentile.  Our January 2006 chronic
assessment used the average consumption in DEEM (about 0.7 L/day) and 2
ppm as the fluoride level in direct drinking water (i.e., tap water).
NAS stated this level is too low due to a significant portion of the
population being exposed to more than 2 ppm (about 1%) and some exposed
to more than 4 ppm (about 0.07%).

NAS report:  EPA underestimated powdered tea.  And, EPA used 1995 paper
on consumption of toothpaste, but a 1999 paper by the same author said
consumption of toothpaste went up, EPA should use this.

Dow presentation:  “Profume Exposure Refinement”.  Noted that Dow
was asked to present current picture today and expected picture:

Structural Fumigation:  mills & processors fumigated 2-3x/year.  Not
practical to remove the food but get it down as low as possible.
Referred to as incidental fumigation on the label.

Food Fumigation:  food is placed in a chamber and directly fumigated.
MeBr use: walnuts, hams, cocoa beans, beans-dried, plums, dates.  Other
would be when there is a pest infestation.  Dow noted there is interest
in seeds to be planted.

Background:  Reg. Milestones:  1997 – Dow initiated development;  2002
– EUP granted, never used;  2004 – Profume registered, 35%  risk
cup;  2005 – Amended registration, 43% fluoride risk cup;  2006 –
NAS report completed.  How does the risk cup change with the NAS report?

Dow:  this is a unique product and use pattern.  Dow has use and usage
data, periodic updates submitted to BEAD.  Opportunity for unique
refinement.  Built as a methyl bromide replacement – well understood
use pattern.  Stratospheric Ozone Protection – Profume/Dow recognized
by EPA.

Methyl Bromide Phase Out:  over ~ 6 years, transition.

US pop exposure 2004 vs 2006 assessment:  Profume contribution of total
fluoride jumped, ie. 0.8% - - - > 18% but the 18% can be refined.  Or:
0.0003 mg/kg/day - - -> 0.0079 mg/kg/day (0.0007, structural + 0.0072,
food)

Dow noted that the NAS report recommends a probabilistic analysis, asked
if we had thought about this.  HED has never done a probabilistic for
chronic risk, has done it for acute.  Dow notes most risk assessments
don’t have 6 different routes of exposure w/ pesticides least.  EPA
stated that we haven’t had the tools to do a probabilistic.

Exponent asked for OW’s timeline for review of the NAS report.  EPA
meeting participants unsure, noted that OW not required to do a full
aggregate.  Other sources may affect the MCL.  Intentional fluoridation
– where something can be done.  M. Doherty noted that it is very
difficult to remove naturally occurring fluoride.

General comment:  future assessment:  base exposure on data vs.
assumptions

Exponent requested EPA’s idea of timing.  EPA participants could not
answer legal response timing.  Dow will offer a proposal to EPA – may
provide a new assessment w/ all the new assumptions & info, incorporate
new details.

HED staff stated that they need to investigate their drinking water
data, what they have, ie. data from 16 states – what does this mean
nationally.  New data from 48 states?

Private wells are not reported.  Public water – need to report if > 2
ppm, the secondary MCL.  EPA assumes that what is reported is the same
all year long, if it changes temporally – we could adjust but we
don’t know if it does.

HED noted that OW has 2 things to do:  review the NAS report and also
the normal 6 year review includes fluoride (revise MCL or no?  Safe
Drinking Water Act – 48 states data submitted).  2009, 2010 prob
before MCL will be looked at, but legal process may go faster.


[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Pages 17204-17205]
[FR Doc No: 2023-05891]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13123-031]

Eagle Crest Energy Company; Notice of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Project Boundary Amendment.
    b. Project No: 13123-031.
    c. Date Filed: October 12, 2022.
    d. Applicant: Eagle Crest Energy Company.
    e. Name of Project: Eagle Mountain Pumped Storage Project.
    f. Location: The project would be located at an inactive mine in
Riverside County, California, near the town of Desert Center. The
project boundary amendment pertains to the transmission line portion
and its tie-in to the Red Bluff substation.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Stephen Lowe, 700 Universe Blvd., Juno Beach,
FL 33408,<PHONE_NUMBER>, [email protected].
    i. FERC Contact: Mark Carter,<PHONE_NUMBER>, [email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: April 17, 2023.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include docket number P-13123-031. Comments emailed to Commission staff
are not considered part of the Commission record.
    k. Description of Request: The proposed amendment would revise the
project boundary to remove the Red Bluff Substation from the project
boundary and relocate a portion of the transmission line so that it
enters the substation from the east rather than from the north. The
licensee states that the substation is owned by a third-party and need
not be included in the project boundary. As constructed, the substation
bays are located on the east side of the station rather than the north,
requiring the project boundary to be amended to accommodate a new
connection to the substation.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Location of the Orders Issuing New License: This order may be
viewed on the Commission's website at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. Comments, Protests, or Motions to Intervene: Anyone may submit

comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    p. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: March 16, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-05891 Filed 3-21-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Notices]
[Pages 59142-59143]
[FR Doc No: 2011-24533]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0002]

Joint Meeting of the Advisory Committee for Reproductive Health
Drugs and the Drug Safety and Risk Management Advisory Committee;
Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committees: Advisory Committee for Reproductive Health
Drugs and the Drug Safety and Risk Management Advisory Committee.
    General Function of the Committees: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on December 9, 2011, from 8
a.m. to 5 p.m.
    Location: The Marriott Inn and Conference Center, University of
Maryland University College (UMUC), The Ballroom, 3501 University
Blvd.,

East, Adelphi, MD. The conference center telephone number is 301-985-
7300.
    Contact Person: Kalyani Bhatt, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
31, Rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, FAX: 301-847-
8533, e-mail<EMAIL_ADDRESS>or FDA Advisory Committee Information
Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC area), and
follow the prompts to the desired center or product area. Please call
the Information Line for up-to-date information on this meeting. A
notice in the Federal Register about last minute modifications that
impact a previously announced advisory committee meeting cannot always
be published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site and call the appropriate
advisory committee hot line/phone line to learn about possible
modifications before coming to the meeting.
    Agenda: On December 9, 2011, the committees will discuss the
benefits and risks of ORTHO EVRA (norelgestromin/ethinyl estradiol
transdermal system), marketed by Janssen Pharmaceuticals, Inc., for the
prevention of pregnancy. Specifically, the committees will discuss the
possibly increased risk of thrombotic (blood clots) and thromboembolic
events (blood clots that can break loose and move within the
circulatory system) in users of ORTHO EVRA compared to women who use
commonly prescribed birth control pills, as suggested by postmarketing
studies.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
November 23, 2011. Oral presentations from the public will be scheduled
between approximately 1 p.m. and 2 p.m. Those individuals interested in
making formal oral presentations should notify the contact person and
submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before November 15, 2011. Time allotted
for each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public hearing
session. The contact person will notify interested persons regarding
their request to speak by November 16, 2011.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Kalyani Bhatt at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: September 19, 2011.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2011-24533 Filed 9-22-11; 8:45 am]
BILLING CODE 4160-01-P