[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Rules and Regulations]
[Pages 10088-10091]
[FR Doc No: 2016-04245]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0006; FRL-9942-90-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Prevention of Significant Deterioration; Fine Particulate
Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Commonwealth of Virginia State
Implementation Plan (SIP) submitted by the Virginia Department of
Environmental Quality (VADEQ) on behalf of the Commonwealth on July 22,
2014. VADEQ's submittal revises Virginia's Prevention of Significant
Deterioration (PSD) air quality preconstruction permitting program to
be consistent with the federal PSD regulations regarding the use of the
significant monitoring concentration (SMC) and significant impact
levels (SILs) for fine particulate matter (PM2.5) emissions.
EPA is approving these revisions in accordance with the requirements of
the Clean Air Act (CAA).

DATES: This rule is effective on April 29, 2016 without further notice,
unless EPA receives adverse written comment by March 30, 2016. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0006 at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the ``For Further Information Contact'' section. For the
full EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Himanshu Vyas,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The CAA at section 110(a)(2)(C) requires states to develop and
submit to the EPA for approval into the SIP preconstruction review and
permitting programs applicable to certain new and modified stationary
sources of air pollutants for attainment and nonattainment areas that
cover both major and minor new sources and modifications, collectively
referred to as the New Source Review (NSR) SIP. The CAA NSR SIP program
is composed of three separate programs: PSD, Nonattainment New Source
Review (NNSR), and Minor NSR. PSD is established in part C of title I
of the CAA and applies in areas that meet the National Ambient Air
Quality Standards (NAAQS)--``attainment areas,'' as well as areas where
there is insufficient information to determine if the area meets the
NAAQS--``unclassifiable areas.'' The NNSR SIP program is established in
part D of title I of the CAA and applies in areas that are not in
attainment of the NAAQS--``nonattainment areas.'' The Minor NSR SIP
program addresses construction or modification activities that do not
emit, or have the potential to emit, beyond certain major source
thresholds, and thus do not qualify as ``major'' and applies regardless
of the designation of the area in which a source is located. The EPA
regulations governing the criteria that states must satisfy for EPA
approval of the NSR programs as part of the SIP are contained in 40 CFR
51.160-51.166.
    On October 20, 2010, EPA promulgated revisions to the existing

requirements of the federal PSD permitting program as it pertains to
emissions of PM2.5.\1\ As relevant here for this rulemaking,
those revisions included two screening tools which outlined the extent
to which certain sources were required as part of a permit application
to demonstrate the impact of the proposed project on ambient air
quality. A SMC was established to determine whether a PSD permit
application may be exempted from the 1-year air monitoring requirement
for PM2.5 based on the grounds that the increase of the
pollutant is de minimis and would have a limited impact on ambient air
quality. Additionally, SILs were established, below which a source was
presumed to have met its statutory obligation to demonstrate that the
proposed project would not cause or contribute to a violation of the
NAAQS. In response to a request from EPA and a petition from a third
party, the United States Court of Appeals for the District of Columbia
Circuit (the Court) subsequently vacated and remanded to the EPA the
portions of the 2010 PSD regulations establishing the PM2.5
SMC and SILs. Sierra Club v. EPA, 705 F.3d 458, 463-64 (D.C. Cir.
2013). As a result of this decision, EPA subsequently revised its
regulations to amend the SMC for PM2.5 and to remove the
SILs for PM2.5 altogether. See 78 FR 73698 (December 9,
2013).\2\
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    \1\ See ``Prevention of Significant Deterioration (PSD) for
Particulate Matter less than 2.5 Micrometers (PM2.5)--
Increments, Significant Impact Levels (SILs) and Significant
Monitoring Concentration (SMC).'' 75 FR 64864 (October 20, 2010).
    \2\ Rather than remove the PM2.5 SMC in its entirety,
EPA revised the value to zero micrograms per cubic meter ([micro]g/
m\3\) in order to be clear that there is no air quality impact level
below which a permitting authority has the discretion to exempt a
source from PM2.5 monitoring requirements. See 78 FR at
73699.
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    Prior to the Court's decision, on August 25, 2011, VADEQ submitted
a formal revision to its SIP to incorporate changes to its
PM2.5 regulations in accordance with the federal PSD program
in effect at that time. In light of the Court's decision, by letter
dated February 13, 2013, Virginia officially withdrew from the August
25, 2011 submittal those portions of the Virginia Administrative Code
(VAC) which pertained to the PM2.5 SILs and SMC.
Specifically, Virginia withdrew the PM2.5 SIL regulation at
paragraph A(2) of 9VAC5-80-1715 and the portion of paragraph E(1) of
9VAC5-80-1695 pertaining to the PM2.5 SMC. On February 25,
2014, EPA approved the remaining portions of VADEQ's submittal without
addressing the PM2.5 SMC and SILs. See 79 FR 10377. Virginia
subsequently revised the VAC to comport with EPA's December 9, 2013
rulemaking for SILs and SMC and submitted those amended regulations to
EPA as a formal SIP revision on July 22, 2014.

II. Summary of SIP Revision

    Virginia's July 22, 2014 SIP submittal consists of revisions to
Virginia's PSD permitting regulations at 9VAC5-80, sections 1695 and
1715 to reflect federal requirements relating to PM2.5 SMC
and SILs. Specifically, 9VAC5-80-1695E(1) establishes a SMC of 0
[micro]g/m\3\ of PM2.5, and expressly states that no
exemption from monitoring is available with regard to PM2.5.
As previously discussed, VADEQ's PM2.5 SILs provision,
formerly codified at 9VAC5-80-1715A(2) was never approved by EPA into
Virginia's SIP and was subsequently removed by Virginia from the VAC.
Therefore, this approval action does not include a substantive revision
to 9VAC5-80-1715A. Rather, EPA's action involves approval of Virginia's
administrative recodification, necessitated by the Commonwealth's
revision of state regulations (i.e., the removal of the SILs from
9VAC5-80-1715). The Virginia regulations, 9VAC5-80, sections 1695 and
1715, are consistent with federal PSD requirements for PM2.5
in the CAA and its implementing regulations, including specifically 40
CFR 51.166, and were effective in Virginia on June 4, 2014.

III. Final Action

    EPA is approving VADEQ's July 22, 2014 SIP submittal, including
revised provisions of the VAC, 9VAC5-80, sections 1695 and 1715, as a
revision to the Virginia SIP because the revision meets CAA
requirements in the CAA and its implementing regulations. EPA is
publishing this rule without prior proposal because EPA views this as a
noncontroversial amendment and anticipates no adverse comment. However,
in the ``Proposed Rules'' section of this Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on April 29, 2016 without further notice unless EPA
receives adverse comment by March 30, 2016. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.

IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege Law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.'' Virginia's Immunity law, Va. Code Sec.

10.1-1199, provides that ``[t]o the extent consistent with requirements
imposed by Federal law,'' any person making a voluntary disclosure of
information to a state agency regarding a violation of an environmental
statute, regulation, permit, or administrative order is granted
immunity from administrative or civil penalty. The Attorney General's
January 12, 1998 opinion states that the quoted language renders this
statute inapplicable to enforcement of any federally authorized
programs, since ``no immunity could be afforded from administrative,
civil, or criminal penalties because granting such immunity would not
be consistent with Federal law, which is one of the criteria for
immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
PSD program consistent with the Federal requirements. In any event,
because EPA has also determined that a state audit privilege and
immunity law can affect only state enforcement and cannot have any
impact on Federal enforcement authorities, EPA may at any time invoke
its authority under the CAA, including, for example, sections 113, 167,
205, 211 or 213, to enforce the requirements or prohibitions of the
state plan, independently of any state enforcement effort. In addition,
citizen enforcement under section 304 of the CAA is likewise unaffected
by this, or any, state audit privilege or immunity law.

V. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of VADEQ rules regarding PM2.5 SILs and SMC
discussed in Section III of this preamble. The EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or may be viewed at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land as
defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 29, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action.
    This action pertaining to Virginia's PSD requirements for
PM2.5 may not be challenged later in proceedings to enforce
its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 12, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by revising
the entries under Chapter 80 for Sections 5-80-1695 and 5-80-1715 to
read as follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
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                                                          State
         State citation             Title/Subject       effective     EPA Approval date    Explanation  [former
                                                          date                                SIP citation]
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                                                  * * * * * * *
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                         9 VAC 5, Chapter 80 Permits for Stationary Sources [Part VIII]
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                                                  * * * * * * *
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    Article 8 Permits--Major Stationary Sources and Major Modifications Located in Prevention of Significant
                                               Deterioration Areas
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                                                  * * * * * * *
5-80-1695......................  Exemptions........          6/4/14  2/29/16 [Insert     Revised paragraph E(1)
                                                                      Federal Register    to add value for
                                                                      Citation].          PM2.5. Limited
                                                                                approval remains in
                                                                                effect.

                                                  * * * * * * *
5-80-1715......................  Source impact               6/4/14  2/29/16 [Insert     Revised paragraph A.
                                  analysis.                           Federal Register    Limited approval
                                                                      Citation].          remains in effect.

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[FR Doc. 2016-04245 Filed 2-26-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Rules and Regulations]
[Pages 67297-67298]
[FR Doc No: 2013-26921]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0608; Airspace Docket No. 13-ACE-14]

Establishment of Class E Airspace; Curtis, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Curtis, NE.
Controlled airspace is necessary to accommodate new Area Navigation
(RNAV) Standard Instrument Approach Procedures at Curtis Municipal
Airport. The FAA is taking this action to enhance the safety and
management of Instrument Flight Rule (IFR) operations at the airport.

DATES: Effective date: 0901 UTC, February 6, 2014. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone 817-321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On August 12, 2013, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class E airspace for the
Curtis, NE., area, creating additional controlled airspace at Curtis
Municipal Airport (78 FR 48838) Docket No. FAA-2013-0608. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received. Class E airspace designations are published in paragraph
6005 of FAA Order 7400.9X dated August 7, 2013, and effective September
15, 2013, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace extending upward from 700 feet
above the surface within a 7.6-mile radius of Curtis Municipal Airport,
Curtis, NE., to accommodate new standard instrument approach
procedures. Controlled airspace is needed for the safety and management
of IFR operations at the airport.
    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.
Therefore, this regulation: (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. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant

economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace at Curtis Municipal Airport,
Curtis, NE.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9X, Airspace Designations and
Reporting Points, dated August 7, 2013, and effective September 15,
2013, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

ACE NE E5 Curtis, NE [New]

Curtis Municipal Airport, NE
    (Lat. 40[deg]38'20'' N., long. 100[deg]28'24'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.6-mile radius of Curtis Municipal Airport.

    Issued in Fort Worth, Texas, on October 25, 2013.
David P. Medina,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2013-26921 Filed 11-8-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 37 (Friday, February 26, 2021)]
[Notices]
[Pages 11821-11822]
[FR Doc No: 2021-04037]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2021-0167]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection: Rotorcraft
External Load Operator Certificate Application

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request Office of
Management and Budget (OMB) approval to renew an information
collection. The collection involves the submission of FAA Form 8710-4
for the certification process of rotorcraft external-load operators.
The information to be collected is necessary to evaluate the
applicants' eligibility for certification.

DATES: Written comments should be submitted by April 27, 2021.

ADDRESSES: Please send written comments:

By Electronic Docket: www.regulations.gov (Enter docket number into
search field)
By mail: Dwayne C. Morris, 800 Independence Ave. SW, Washington, DC
20591
By email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Raymond Plessinger by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0044.
    Title: Rotorcraft External Load Operator Certificate Application.
    Form Numbers: FAA Form 8710-4.
    Type of Review: Renewal.
    Background: This collection involves the application for issuance
or renewal

of a 14 CFR part 133 Rotorcraft External Load Operator Certificate.
Application for an original certificate or renewal of a certificate
issued under 14 CFR part 133 is made on a form, and in a manner
prescribed by the Administrator. The FAA form 8710-4 may be obtained
from an FAA Flight Standards District Office, or online at https://www.faa.gov/documentLibrary/media/form/faa8710-4.pdf. The completed
application is sent to the district office that has jurisdiction over
the area in which the applicant's home base of operation is located.
    The information collected includes: type of application, operator's
name/DBA, telephone number, mailing address, physical address of the
principal base of operations, chief pilot/designee name, airman
certificate grade and number, rotorcraft make, model and registration
numbers to be used, and load combinations requested.
    Respondents: 357 active part 133 certificate-holders.
    Frequency: New applications when needed; current 14 CFR part 133
certificate-holders must renew every 24 months.
    Estimated Average Burden per Response: 30 minutes per application.
    Estimated Total Annual Burden: 89 total hours per year.

    Issued in Washington, DC, on February 23, 2021.
Dwayne C. Morris,
Project Manager, Flight Standards Service, General Aviation and
Commercial Division.
[FR Doc. 2021-04037 Filed 2-25-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 245 (Wednesday, December 21, 2011)]
[Notices]
[Pages 79258-79260]
[FR Doc No: 2011-32585]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65959; File No. SR-CME-2011-17]

Self-Regulatory Organizations; Chicago Mercantile Exchange, Inc.;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change To Revise Rules Relating to Its Cleared Only OTC FX Swap
Offering

December 15, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 2, 2011, the Chicago Mercantile Exchange Inc. (``CME'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change described in Items I and II below, which items
have been prepared primarily by CME. The Commission is publishing this
Notice and Order to solicit comments on the proposed rule change from
interested persons and to approve the proposed rule change on an
accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of Terms of Substance of
the Proposed Rule Change

    CME proposes to amend rules related to existing cleared-only
foreign exchange (``FX'') currency derivatives products. The proposed
rule changes make certain clarifying revisions and other amendments to
rules that were the subject of a recent filing, SR-CME-2011-12.\3\
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    \3\ Commission staff notes that SR-CME-2011-12 was previously
approved pursuant to delegated authority on October 26, 2011. See
Securities Exchange Act Release No. 65637, 76 FR 67512 (Nov. 1,
2011).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the CME's Web
site at http://www.cmegroup.com, at the principal office of CME, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, CME included statements
concerning the purpose 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 III below. CME has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of such statements.

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

    In late September, 2011, CME submitted proposed rule changes in
filing SR-CME-2011-12 to establish rules to expand its cleared-only,
foreign currency (``FX'') swaps offering to support the introduction of
(1) twenty-six new foreign FX currency derivatives for over-the-counter
(``OTC'') cash settlement; and (2) eleven new FX non-deliverable
forward transaction currency pairs for traditional, OTC cash
settlement. CME initially planned to make the rules that are the
subject of this filing operational on January 3, 2012. CME has adopted
a phased roll-out approach and intends to launch the products that are
covered by this filing on December 19, 2011. The proposed changes
associated with this filing have been identified to prepare for this
roll-out. More specifically, the proposed rule changes that are the
subject of this filing include: Changes to CME Rule 5.C. (Position
Limit and Reportable Level table); changes to CME Chapter 300 (CME WM/
Reuters OTC Spot, Forward and Swap Contracts); changes to CME Chapter
277H (Cleared OTC U.S. Dollar/Peruvian Nuevo Sol (USD/PEN) Spot,
Forwards and Swaps); changes to CME Chapter 257H (Cleared OTC U.S.
Dollar/Brazilian Real (USD/BRL) Spot, Forwards and Swaps); CME Chapter
260H (Cleared OTC U.S. Dollar/Russian Ruble (USD/RUB) Spot, Forwards
and Swaps); CME Chapter 270H (Cleared OTC U.S. Dollar/Chinese Renminbi
(USD/RMB) Spot, Forwards and Swaps); and CME Chapter 271H (Cleared OTC
U.S. Dollar/Korean Won Sol (USD/KRW) Spot, Forwards and Swaps). The
proposed rule text is available on CME's Web site.
    The first set of proposed changes deal with CFTC position limit,
accountability and reportable levels. Individual entries in CME's
current Appendix to Chapter 300 provide either Position Accountability
(PA) or Position Limits (PL) or a combination of both (e.g., PA

with spot month PL) depending generally on the liquidity in the
underlying OTC instruments and coordinating with existing and similar
FX futures and options on futures contracts. Highly liquid underlying
FX pair activity enable Position Accountability trigger levels as
opposed to finite limits, and less liquid underlying FX pair activity
require the more restrictive Position Limits. Since FX futures, options
on FX futures, cleared OTC FX spot, forwards and swaps; and OTC FX
options on spot and forwards, are essentially extensions of the same
market, CME rules will aggregate positions for an account holder across
all of these product lines per FX pair. Notional level equivalents for
existing CME FX pair futures contracts for Position Accountability and/
or Position Limits are carried over to CME's Cleared OTC FX rules.
    Twenty-two of the twenty-six new cleared CME WMR OTC FX products
being launched on Monday, December 19, 2011, have underlying FX pair
futures and/or options on futures contracts for these same FX pairs
that will be listed for cleared OTC transactions (i.e., AUD/USD, USD/
CHF, USD/CAD, NZD/USD, USD/NOK, USD/SEK, EUR/USD, USD/JPY, GBP/USD,
USD/MXN, USD/PLN, USD/ZAR, AUD/JPY, EUR/AUD, CAD/JPY, EUR/GBP, EUR/JPY,
EUR/CHF, USD/CZK, USD/HUF, USD/TRY and USD/ILS). As noted above, CME
considers FX futures, options on FX futures, cleared OTC FX spot,
forwards and swaps; and OTC FX options on spot and forwards, as
essentially extensions of the same market, and CME rules will aggregate
positions for an account holder across all of these product lines per
FX pair. In instances where there are existing underlying futures and
options on futures contracts for the same FX pair, CME is basing the
new OTC contract Position Accountability and Position Limits rules on
these underlying, existing futures and options on futures. That is, for
purposes of aggregation, positions in the new cleared OTC products will
be rolled up in equivalent amounts of currency specified in the
corresponding FX pair futures and options on futures Position
Accountability and/or Position Limits rules.
    CME Chapter 300 contains new rules governing the twenty-six new CME
WMR OTC CSFs that are scheduled to be launched on Monday, December 19,
2011. CME proposes to add a second sentence to the preexisting second
paragraph of CME Rule 300.02.A. This additional sentence in the rule
plus an analogous single-asterisked footnote added to the Chapter 300
Appendix would denote the additional step at final cash settlement,
where for several asterisked FX pairs, the final calculated ``minimum
fluctuation currency amount'' is converted into the ``Unit of Trading
and Clearing Currency'' by dividing by the Final Settlement Price. This
action would minimize the number of different currency accounts that
customers will need to open in order to participate in CME's cleared
OTC FX offering. For example, for 14 of the 26 new CME WMR OTC CSFs
launching on December 19, 2011, the final settlement amount will be
converted into USDs from CHF, NOK, SEK, DKK, MXN, SGD, PLN, ZAR, CZK,
HUF, TRY, ILS, THB and HKD, eliminating the need for customers to
maintain accounts in these 14 currencies. A new additional second
paragraph for CME Rule 300.02.A. would denote that, in some cases, the
Final Settlement Prices for a given FX pair would be calculated using
the appropriate WM/Reuters Closing Spot Rates for component currency
pairs. For example, the AUD/JPY Final Settlement Price will be
calculated by multiplying the two WM/Reuters 4 pm London time Closing
Spot Rates for AUD/USD and USD/JPY; therefore, the AUD/JPY Final
Settlement Price is derived from those two FX pairs' Final Settlement
Prices. Double asterisks and an explanatory footnote in the Appendix
table to Chapter 300 clearly identify those FX pairs that would be
calculated in this way. Lastly, for CME Rule 300.02.A., a fourth
paragraph is proposed to define the movement of the final payment
amount between the CME Clearing House and buyers and sellers, when the
calculation of that final payment amount is positive or negative. This
language had been adopted previously by CME for many of the cleared OTC
FX NDF products and is being included also for the cleared CME WM/
Reuters OTC FX products and those cleared OTC FX NDF offerings where
CME has an underlying futures contract for the same FX pair.
    CME is also proposing amendments to CME Rule 277H.02.A. (Day of
Cash Settlement) to make the rule provision for number of decimals
(six) of the Final Settlement Price calculation to align with the
decimal notation for the minimum price increment (six).
    CME is also proposing a change to CME Chapters 257H, 260H, 270H and
271H. These changes would add language to the cash settlement
provisions in the rules governing four different cleared OTC FX NDF
products to mirror procedures and documentation for other cleared OTC
FX NDF products. The proposed rule changes are designed to define
movement of the final payment amount at termination between CME
Clearing and the buyers and sellers in the transaction. The proposed
changes impact the OTC USD/RUB, USD/BRL, USD/CNY and USD/KRW non-
deliverable forwards products.
    CME is also making a filing, CME Submission 11-463, with its
primary regulator, the Commodity Futures Trading Commission, with
respect to the proposed rule changes.
    CME believes the proposed changes are consistent with the
requirements of the Exchange Act including Section 17A of the Exchange
Act because they involve clearing of swaps and thus relate solely to
CME's swaps clearing activities pursuant to its registration as a
derivatives clearing organization under the Commodity Exchange Act
(``CEA'') and do not significantly affect any securities clearing
operations of the clearing agency or any related rights or obligations
of the clearing agency or persons using such service. CME further notes
that the policies of CEA with respect to clearing are comparable to a
number of the policies underlying the Exchange Act, such as promoting
market transparency for over-the-counter derivatives markets, promoting
the prompt and accurate clearance of transactions and protecting
investors and the public interest. The proposed rule changes accomplish
those objectives by offering investors clearing for a range of FX OTC
swap products.

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

    CME does not believe that the proposed rule change will have any
impact, or impose any burden, on competition.
    C. Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants, or Others
    CME has not solicited, and does not intend to solicit, comments
regarding this proposed rule change. CME has not received any
unsolicited written comments from interested parties.

III. 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 may be submitted by using the
Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml), or send an email to<EMAIL_ADDRESS>

Please include File No. SR-CME-2011-17 on the subject line.
     Paper comments should be sent in triplicate to Elizabeth
M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street
NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-CME-2011-17. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of CME. 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-CME-2011-17 and should be
submitted on or before January 11, 2012.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    In its filing, CME requested that the Commission approve this
request on an accelerated basis for good cause shown. CME has
articulated three reasons for granting this request on an accelerated
basis. One, the products covered by this filing, and CME's operations
as a derivatives clearing organization for such products, are regulated
by the CFTC under the CEA. Two, the proposed rule changes relate solely
to FX swap clearing and therefore relate solely to its swaps clearing
activities and do not significantly relate to CME's functions as a
clearing agency for security-based swaps. Three, not approving this
request on an accelerated basis will have a significant impact on the
swap clearing business of CME as a designated clearing organization.
    Section 19(b) of the Act \4\ directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization. The Commission finds that the proposed rule change is
consistent with the requirements of the Act, in particular the
requirements of Section 17A of the Act,\5\ and the rules and
regulations thereunder applicable to CME. Specifically, the Commission
finds that the proposed rule change is consistent with Section
17A(b)(3)(F) of the Act which requires, among other things, that the
rules of a clearing agency be designed to promote the prompt and
accurate clearance and settlement of derivative agreements, contracts,
and transactions because it should allow CME to enhance its services in
clearing FX swaps, thereby promoting the prompt and accurate clearance
and settlement of derivative agreements, contracts, and
transactions.\6\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b).
    \5\ 15 U.S.C. 78q-1. In approving this proposed rule change, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\7\ for approving the proposed rule change prior to the 30th
day after the date of publication of notice in the Federal Register
because: (i) The proposed rule change does not significantly affect any
securities clearing operations of the clearing agency (whether in
existence or contemplated by its rules) or any related rights or
obligations of the clearing agency or persons using such service; (ii)
CME has indicated that not providing accelerated approval would have a
significant impact on the swap clearing business of CME as a designated
clearing organization; and (iii) the activity relating to the non-
security clearing operations of the clearing agency for which the
clearing agency is seeking approval is subject to regulation by another
regulator.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (SR-CME-2011-17) is approved on an
accelerated basis.
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-32585 Filed 12-20-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
[Rules and Regulations]
[Pages 68105-68107]
[FR Doc No: 2021-26108]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0616; Project Identifier MCAI-2021-00256-T;
Amendment 39-21805; AD 2021-23-07]
RIN 2120-AA64

Airworthiness Directives; Saab AB, Support and Services (Formerly
Known as Saab AB, Saab Aeronautics) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Saab AB, Support and Services Model SAAB 340B airplanes. This
AD was prompted by a report that the circuit breaker for the emergency
cabin lighting tripped without fault in the system. This AD requires
replacing a certain circuit breaker with a part having a higher rating,
as specified in a European Union Aviation Safety Agency (EASA) AD,
which is incorporated by reference. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective January 5, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 5,
2022.

ADDRESSES: For EASA material incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0616.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0616; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The address for Docket Operations is
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: Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3220; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0058, dated March 1, 2021 (EASA
AD 2021-0058) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for certain Saab AB, Support and Services Model SAAB 340B airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Saab AB,
Support and Services Model SAAB 340B airplanes. The NPRM published in
the Federal Register on August 9, 2021 (86 FR 43451). The NPRM was
prompted by report that the circuit breaker for the emergency cabin
lighting tripped without fault in the system. The NPRM proposed to
require replacing a certain circuit breaker with a part having a higher
rating, as specified in EASA AD 2021-0058.
    The FAA is issuing this AD to address the low rating of the 2LN
circuit breaker during maximum charging conditions. This condition, if
not corrected, could lead to an insufficiently charged emergency
battery, with consequent loss of cabin emergency lighting, possibly
resulting in injury to occupants during an evacuation. See the MCAI for
additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
requires adopting this AD as proposed. Except for minor editorial
changes, this AD is adopted as proposed in the NPRM. None of the
changes will increase the economic burden on any operator. Accordingly,
the FAA is issuing this AD to address the unsafe condition on these
products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0058 describes procedures for replacing the 2LN
circuit breaker having a rating of 5A with a new breaker having a
current rating of 7.5A.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 27 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................             $50             $135           $3,645
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    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) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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:

2021-23-07 Saab AB, Support and Services (Formerly Known as Saab AB,
Saab Aeronautics): Amendment 39-21805; Docket No. FAA-2021-0616;
Project Identifier MCAI-2021-00256-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 5, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Saab AB, Support and Services (Formerly Known
as Saab AB, Saab Aeronautics) Model SAAB 340B airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2021-0058, dated March 1, 2021
(EASA AD 2021-0058).

(d) Subject

    Air Transport Association (ATA) of America Code 33, Lights.

(e) Reason

    This AD was prompted by a report that the circuit breaker for
the emergency cabin lighting tripped without fault in the system.
The FAA is issuing this AD to address the low rating of the 2LN
circuit breaker during maximum charging conditions. This condition,
if not corrected, could lead to an insufficiently charged emergency
battery, with consequent loss of cabin emergency lighting, possibly
resulting in injury to occupants during an evacuation.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0058.

(h) Exceptions to EASA AD 2021-0058

    (1) Where EASA AD 2021-0058 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0058 does not apply
to this AD.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Saab AB,
Support and Services' EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.

(j) Related Information

    For more information about this AD, contact Shahram Daneshmandi,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email [email protected].

(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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0058,
dated March 1, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0058, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.

    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-26108 Filed 11-30-21; 8:45 am]
BILLING CODE 4910-13-P


                             SUPPORTING STATEMENT
                        ENVIRONMENTAL PROTECTION AGENCY

1. Identification of the Information Collection

	1(a) 	Title of the Information Collection

	Monthly Progress Reports (Renewal), EPA ICR Number 1039.16, OMB Control Number 2030-0005.

			1(b)	Short Characterization/Abstract

	This Information Collection Request is an extension of Number 1039.15. Every month the Office of Acquisition Solution (OAS) requires contractors provide the Contract Contracting Officer's Representative (COR) with a report detailing: (a) what was accomplished on the contract during that period; (b) expenditures for the same period of time; and (c) what remains to be done. This allows the Contract COR to monitor the efficiency and cost effectiveness of the work being performed. This information is being collected because appropriate Government surveillance of contractor performance is required to give reasonable assurance that efficient methods and effective cost controls are being used for various cost-reimbursable and fixed-rate contracts. The information is used by Government personnel to monitor contract performance. EPA estimates that approximate 337 contracts and orders are subject to these reporting requirements. Monthly progress reports are submitted electronically and stored as a paper copy, and on the electronic contract-writing system EAS Acquisition System (EAS) in accordance with applicable record retention schedules.

2.  Need for and Use of the Collection

		2(a) Need/Authority for the Collection

	Federal Acquisition Regulation (FAR) 16.301-3(a)(4) and 16.601(c)(1) require that cost-reimbursement, time-and-material and labor-hour contracts are monitored in terms of financial and technical efficiency. Environmental Protection Agency Acquisition Regulation (EPAAR) 1511.011-72 prescribes clause 1552.211-72, Monthly Progress Report which provides the specific requirements for progress reports which is used for these types of contracts.

      2(b) Practical Utility/Users of the Data

	Progress reports will be used by the Contract COR to monitor the contractor's progress under a specific contract. If problems with the contractor's performance arise, the contracting officer may also review the progress reports to determine what action may need to be taken.

3.  Nonduplication, Consultations, and other Collection Criteria

      3(a) Nonduplication

	Monthly progress reports are unique to each contract. Information concerning the financial and technical progress of a contractor under a specific contract is not available from other sources.

	3(b) Public Notice Required Prior to ICR Submissions to OMB

	A notice to renew this information collection was posted to the Federal Register on March 29, 2021 (86 FR 16348).  The sixty-day public comment period closed on May 28, 2021, and no relevant comments were received.

	3(c) Consultations

       To determine contractor burden associated with the information collection identified in this request, the following vendors were contacted but did not respond; therefore, the estimated burden figures from the existing ICR are considered to still be applicable. Estimated time to process the information collection is described in Section 6, Estimating the Burden and Cost of the Collection.

_Representative__		               Firm___________	          ____Phone___
Joe Baer	  		Tech Law<PHONE_NUMBER>
Lisa Friday		            Weston Solutions<PHONE_NUMBER>
John Blaisdell  		Sovereign Consulting<PHONE_NUMBER>

      3(d) Effects of Less Frequent Information Collection

	Many EPA contracts and orders involve complex services requiring numerous contractor employees and extensive funding. It is imperative that the Agency be aware of the actions the contractor is taking and the amount of funding expended every month. Less frequent collection would jeopardize the Agency's ability to determine the reasonableness of costs and to take timely action in the event of technical or cost problems under its complex contracts and orders.

      3(e) General Guidelines

      This ICR does not exceed any of the OMB guidelines found in 5 CFR 1320.5(d)(2) and is in accordance with the Office of Management and Budget's general guidelines for Federal data collection, except that the information will be submitted more often than quarterly. Monthly progress reports are mandatory for those holding Agency contracts with progress reporting requirements and generally run from three to five years. Most contractors invoice once a month under these contracts. By submitting the progress report with the invoice, the contractor gives the Contract COR, who is responsible for monitoring the contract, an opportunity to review the financial information contained in the progress report, and compares it to the invoice. Monthly review of this information allows the Agency to promptly note when performance or cost problems arise, and take immediate action. This monthly information is required because of the complex nature of the work performed.

	3(f) Confidentiality

	Information collected under this request, particularly cost and pricing data, is treated as Confidential Business Information (CBI). This information is protected from public release in accordance with the Agency's confidentially regulation, 40 C.F.R. Part 2.

4.  The Respondents and the Information Requested

      4(a) Respondents/North American Industry Classification System Codes

All contractors with clause 1552.211-72 in their contracts will be required to submit monthly progress reports. Respondents are anticipated to fall into one of the following North American Industry Classification System (NAICS) codes, which include but are not limited to: 541511 for custom computer programming services, 541620 for environmental consulting services, 621511 for medical laboratories, and 541380 for testing laboratories.

      4(b) Information Requested

      	(i)  Data Items

      The monthly progress reports submitted by contractors provide the following information:

       (1)  Progress made during the reporting period, including percent of project completed, description of the action of work accomplished, and a schedule of deliverables for the reporting period.

      (2) Difficulties encountered and remedial action taken during the reporting period, and anticipated activity during the subsequent reporting period.

      (3) A list of outstanding actions awaiting the contracting officer's authorization.

  	(4) Cumulative costs at the contract level for: the amount claimed for the current reporting period, the amount obligated, originally invoiced, paid, suspended, disallowed and remaining approved for the cumulative period and contract life.

      (5) Labor hours consisting of a list of employees, their labor categories, and the number of hours worked.

      (6) Labor hours expended and direct labor hours and costs detailed for the current reporting period.

      (7) Labor hours negotiated, expended and remaining; and labor hours and costs detailed for the contract period and cumulative contract life.

      (8) The estimated labor hours and costs to be expended during the next reporting period.

      (9) The current dollar ceilings, net amount invoiced, and remaining amounts in funding categories.

      (10) Unbilled allowable costs for the current reporting period and cumulative for the contract.

      (11) Actual average direct labor costs compared with the negotiated average for the current contract period.

      (12) Similar financial status information to that already outlined, at the work assignment level or task/delivery order level.

(ii)   Respondent Activities

	Respondents are required to compile and submit monthly progress reports that contain the data items in (4)(b)(i) above.

5.   The Information Collected: Agency Activities, Collection Methodology, and Information Management

      5(a) Agency Activities

               Once the information is received by the Agency, it is reviewed by the Contract COR against existing financial data, contractor deliverables and agency records for verification. If no discrepancies are noted, the report is placed in the contract file.

      5(b) Collection Methodology and Management

               The Agency monitors monthly contractor activity by requiring progress reports. Many contractor respondents prepare computerized reports, and software programs are available which track financial data. There is no specified submission format so long as the required data is provided and contractors can provide their data electronically.

      5(c) Small Entity Flexibility

               Most contractors invoice once a month under service contracts and orders. Progress reports are required every month so that charges on the invoice can be reconciled with financial and technical information provided in the progress report.

	5(d) Collection Schedule

	Contractors are required to submit monthly progress reports.

6.   Estimating the Burden and Cost of the Collection

	The overall respondent burden is estimated to be 24 hours per monthly response, and a total annual burden of 97,056 hours (24 hours per response x 4,044 responses). The overall respondent cost of the collection is $2,448 per monthly response, and a total annual cost of $9,901,168.

	6(a) Estimating Respondent Burden

	The overall respondent burden is estimated to be 24 hours per monthly response, and a total annual burden of 97,056 hours. The estimated respondent burden of 24 hours consists of 9 hours to gather information, and 15 hours to compile and process the information. No estimated capital or start-up costs because respondents do not need to acquire any capital goods in order to provide the requested information.

		6(b) Estimating Respondent Costs

			(i)   Estimating Labor Costs:  Contractor burden is based on historical data:

	     Collection Activity			Hours Per Month	Rate 		Cost

	1.  Gather information		        		  9			$170.14        $1,531
	2.  Compile and Process information      	15			$  61.14        $   917
               TOTALS			     		24				          $2,448

	Step 1 is normally performed by an Administrative Services Manager, and administrative support personnel are responsible for completing step 2. The cost associated with this effort was estimated using hourly rates based upon the May 2019 National Occupational Employment and Wage Estimates published by the U.S. Department of Labor's Bureau of Labor Statistics. The occupational categories used are Administrative Services Manager and Office and Administrative Support.

 	Since the labor rates used in this estimate are from 2019, an escalation factor of 3% was applied for each year to determine an average wage for the respective year. The cost for each labor category was determined by multiplying the escalated hourly labor rate by an estimated loading factor of 2.95 to reflect industries' overhead, fringe benefits, and general and administrative costs for each year (2022-2024) that the ICR will be in effect. The 2.95 estimate was provided by an EPA cost analyst as representative of labor related burdens experienced by EPA contractors. The loaded labor costs for 2022 thru 2024 were added together then divided by three (number of years for the ICR) to arrive at an annualized labor cost for each labor category.

 The following are the loaded labor rates used in the calculations in the table above:

 Administrative Services Manager:
2022 = ($54.34 x 1.03) = $55.98 x 2.95 = $165.14
2023 = ($55.98 x 1.03) = $57.66 x 2.95 = $170.10
2024 = ($57.66 x 1.03) = $59.39 x 2.95 = $175.20
                                     $510.44/3 = $170.14

 Office and Administrative Support:
2022 = ($19.53x 1.03)  = $20.12 x 2.95 = $ 59.35
2023 = ($20.12 x 1.03) = $20.72 x 2.95 = $ 61.12
2024 = ($20.72 x 1.03) = $21.34 x 2.95 = $ 62.95
                                      $183.42/3 = $61.14

	The prior ICR calculated that EPA had 337 active contracts and orders requiring monthly progress reports in 2018. The prior ICR calculated that EPA had 337 active contracts and orders requiring monthly progress reports in 2018. This figure remains the same for 2021.                                                                                The estimated 337 contracts and orders each require a monthly progress report (337 contracts/orders x 12 months each = 4,044 responses). Respondents on average take 24 hours per month to complete each response. Therefore, total burden for one year is 97,056 hours (24 hours per response x 4,044 responses). The annual cost to respondents based on the figures shown above is $9,901,168 ($2,448 per response x 4,044 responses). Contractors are reimbursed for these costs under the applicable contract.

				(ii)  Estimating Capital/ Start-up Costs

	Because it will not be necessary for respondents to acquire any capital goods to provide the requested information, EPA has not estimated any capital/start-up costs.

		(iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

	Operating and maintenance costs consist of postage and photocopying, are estimated at $12.50 per response x 4,044 responses = $50,550.

      6(c)   Estimating Agency Burden and Cost

	Agency burden estimates were developed by procurement personnel who work with the types of contracts addressed in this ICR. On the average, the same amount of time is required to review the data for each type of contract. Progress reports are reviewed by the contracting officer and the Contract COR responsible for the contract. Agency burden is calculated as follows:

	Collection Activity			Hours Per Month	Rate		Cost

	Audit/review data submissions		2		$114.66	$229.32

      Burden hours for the contracting officer and the Contract COR are combined for a total of two (2) hours, which is about the same as previous years, and is based on both of these individuals being GS-13s. The GS-13 hourly salary for 2021 with a locality pay for "Rest of US" is $50.04, and a 3 percent escalation factor has been applied for any cost-of-living increases given to federal workers in 2022, 2023, and 2024. These wage rates were then multiplied by a factor of 2.16 to reflect Federal employee benefits. The 2.16 estimate was provided by an EPA cost analyst as representative of labor-related burdens for government employees. The loaded labor costs for 2022 thru 2024 were added together then divided by three (number of years for the ICR) for an annualized loaded rate of $114.66 for the three years the ICR is in effect.

2022= ($50.04 x 1.03) =  $51.54 x 2.16 = $111.33
2023= ($51.54 x 1.03) =  $53.06 x 2.16 = $114.61
2024= ($53.06 x 1.03) =  $54.65 x 2.16 = $118.04
                                       $343.98/3 = $114.66

Therefore, total annual agency burden is summarized as follows:
Total burden hours = 4,044 responses x 2 hours per response = 8,088 hours.
Total burden costs: $229.32 per response x 4,044 responses = $927,370.

	6(d) Estimating the Respondent Universe and Total Burden and Costs

	There are an estimated 337 active contracts and orders that each require a monthly progress report (337 contracts/orders x 12 months each = 4,044 responses). Respondents on average take 24 hours per month to complete each response. Therefore, total burden for one year is 97,056 hours (24 hours per response x 4,044 responses). The annual cost to respondents based on the figures shown above is $9,901,168 ($2,448 per response x 4,044 responses).

	6(e) Bottom-Line Annual Burden Hours and Costs

		(i)   Respondent Tally

	Total Number of Respondents:	337
	Total Annual Responses:		4,044
	Total Burden Hours:			97,056 hours
	Total Burden Costs:			$ 9,901,168

		(ii)  The Agency Tally

	Total Burden Hours:			8,088 hours
	Total Burden Costs:			$ 927,370

      6(f) Reasons for Change in Burden

	There is no change of hours in the total estimated respondent burden compared with the ICR currently approved by OMB. The loaded labor costs were adjusted upwards to account for inflation.

6(g) Burden Statement

	The annual public reporting and recordkeeping burden for this collection of information is estimated to average 24 hours per response. "Burden" means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information; processing and maintaining information; disclosing and providing information; training personnel to be able to respond to a collection of information; searching data sources; completing and reviewing the collection of information; and transmitting or otherwise disclosing the information. An agency may not conduct or sponsor, nor is a person required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in EPA Acquisition Regulation (EPAAR) 1501.370, OMB Approvals Under the Paperwork Reduction Act.

 	To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OARM-2018-0229, which is available for public viewing at the Office of Environmental Information (OEI) Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D. C. The EPA Docket Center Public Reading Room is open from 8:30 a. m. to 4:30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the OEI Docket is<PHONE_NUMBER>. An electronic version of the public docket is available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket.  Please use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select "search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. EPA-HQ-OARM-2018-0229 and OMB Control Number 2030-0005 in any correspondence.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in collecting this information.


[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Notices]
[Page 32434]
[FR Doc No: 2020-11714]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting; Cancellation

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: 85 FR 31564, May
26, 2020.

PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: Wednesday, May 27,
2020 at 2:00 p.m.

CHANGES IN THE MEETING: The Closed Meeting scheduled for Wednesday, May
27, 2020 at 2:00 p.m., has been cancelled.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: May 27, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-11714 Filed 5-27-20; 4:15 pm]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Notices]
[Page 63309]
[FR Doc No: 2012-25388]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF12-9-000]

Constitution Pipeline Company, LLC; Notice of Public Scoping
Meeting and Extension of Scoping Period for the Planned Constitution
Pipeline Project

    On October 24, 2012, the Federal Energy Regulatory Commission (FERC
or Commission) will hold an additional public scoping meeting for
Constitution Pipeline Company's (Constitution) Constitution Pipeline
Project. This notice also extends the scoping period for the project,
which will now close on November 9, 2012. The project would consist of
a 120.6-mile-long natural gas pipeline in Susquehanna County,
Pennsylvania; and Broome, Chenango, Delaware, and Schoharie Counties,
New York. FERC staff will conduct this public scoping meeting as part
of our preparation of an environmental impact statement (EIS) for the
project. The scoping meeting is designed to provide the public with an
opportunity to offer verbal comments on the project and on the issues
they believe should be addressed in the EIS.
    More information about this project and the Commission's EIS
process is available in the Notice of Intent to Prepare an
Environmental Impact Statement for the Planned Constitution Pipeline
Project, Request for Comments on Environmental Issues, and Notice of
Public Scoping Meetings (NOI), issued on September 7, 2012. The NOI
also provides details on how to submit written comments in lieu of or
in addition to verbal comments on the project.\1\ We ask that you
submit your comments so that we receive them by November 9, 2012.
---------------------------------------------------------------------------

    \1\ The NOI can be viewed on the Commission's e-Library link
under Accession Number 20120907-3012.
---------------------------------------------------------------------------

    Constitution representatives will be present one hour before the
meeting with maps of the potential routes. The additional public
scoping meeting is scheduled as follows:

Wednesday, October 24, 2012, Beginning at 7:00-10:00 p.m. EDT,
Foothills Performing Arts & Civic Center Atrium, 24 Market Street,
Oneonta, New York 13820

    This and all public meetings will be posted on the Commission's
calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along
with other related information.
    This notice is being sent to the Commission's current environmental
mailing list for this project. Additional information about the project
is available from the Commission's Office of External Affairs, at (866)
208-FERC, or on the FERC Web site at www.ferc.gov using the
``eLibrary'' link. Click on the eLibrary link, click on ``General
Search'' and enter the docket number, excluding the last three digits
in the Docket Number field (i.e., PF12-9). Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>,
or for TTY, contact<PHONE_NUMBER>.

    Dated: October 9, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-25388 Filed 10-15-12; 8:45 am]
BILLING CODE 6717-01-P