[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Proposed Rules]
[Pages 45547-45548]
[FR Doc No: 2017-20837]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0398; FRL-9968-50-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Nonattainment New Source Review Requirements for the 2008 8-
Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
the state implementation plan (SIP) revision submitted by the Maryland
Department of the Environment (MDE) on behalf of the State of Maryland
in response to EPA's February 3, 2017 Findings of Failure to Submit for
various requirements relating to the 2008 8-hour ozone national ambient
air quality standards (NAAQS). This SIP revision is specific to
nonattainment new source review (NNSR) requirements. In the Final Rules
section of this Federal Register, EPA is approving the State's SIP
submittal as a direct final rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. A detailed description of the state submittal and
EPA's evaluation is included in a technical support document (TSD)
prepared in support of this rulemaking action. A copy of the TSD is
available, upon request, from the EPA Regional Office listed in the
ADDRESSES section of this document or is also available electronically
within the Docket for this rulemaking action. If no adverse comments
are received in response to this action, no further activity is
contemplated. If EPA receives adverse comments, the direct final rule
will be withdrawn and all public comments received will be addressed in

a subsequent final rule based on this proposed rule. EPA will not
institute a second comment period. Any parties interested in commenting
on this action should do so at this time.

DATES: Comments must be received in writing by October 30, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0398 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. 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: Mrs. Amy Johansen,<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
that is located in the ``Rules and Regulations'' section of this
Federal Register publication.

    Dated: September 14, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017-20837 Filed 9-28-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Pages 65401-65402]
[FR Doc No: 2019-25735]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2019-0026; OMB No. 1660-0069]

Agency Information Collection Activities: Proposed Collection;
Comment Request; National Fire Incident Reporting System (NFIRS) v5.0

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice and request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public to take this opportunity to comment on a
reinstatement, with change, of a previously approved information
collection for which approval has expired. In accordance with the
Paperwork Reduction Act of 1995, this notice seeks comments concerning
National Fire Incident Reporting System (NFIRS) v5.0. The program
provides a well-established mechanism, using standardized reporting
methods, to collect and analyze fire incident data at the Federal,
State, and local levels with

a myriad of life and property saving uses and benefits.

DATES: Comments must be submitted on or before January 27, 2020.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at www.regulations.gov under Docket ID
FEMA-2019-0026. Follow the instructions for submitting comments.
    (2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street SW, 8NE, Washington, DC 20472-
3100.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link in the footer of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: William Troup, Chief, United States
Fire Administration-National Fire Data Center,<PHONE_NUMBER>. You may
contact the Information Management Division for copies of the proposed
collection of information at email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The National Commission on Fire Prevention
and Control conducted a comprehensive study of the Nation's fire
problem and recommended to Congress actions to mitigate the fire
problem, reduce loss of life and property, and educate the public on
fire protection and prevention. As a result of the study, Congress
enacted Public Law 93-498, Federal Fire Prevention and Control Act of
1974, which establishes the U.S. Fire Administration to administer fire
prevention and control programs, supplement existing programs of
research, training, and education, and encourage new and improved
programs and activities by State and local governments. Section 9(a) of
the Act authorizes the Administrator, U.S. Fire Administration (USFA),
to operate directly or through contracts or grants, an integrated,
comprehensive method to select, analyze, publish, and disseminate
information related to prevention, occurrence, control, and results of
fires of all types.
    NFIRS was established in the mid-1970s and is mandated by the
Federal Fire Prevention and Control Act of 1974 (Pub. L. (PL) 93-498,
as amended) which authorizes the National Fire Data Center to gather
and analyze information such as (1) the frequency, causes, spread, and
extinguishment of fires; (2) injuries and deaths resulting from fires;
(3) information on injuries sustained by a firefighter; and (4)
information on firefighting activities. The act further authorizes USFA
to develop uniform data reporting methods, and to encourage and assist
Federal, State, local and other agencies in developing and reporting
information. NFIRS is a reporting standard that fire departments use to
uniformly report on the full range of their activities, from fire to
emergency medical services to severe weather and natural disasters.
This reporting allows fire departments, as well as many other
government and non-government agencies, to quantify their actions and
identify incident and response trends.
    This information collection expired on 04/30/2019. FEMA is
requesting a reinstatement, without change, of a previously approved
information collection for which approval has expired.

Collection of Information

    Title: National Fire Incident Reporting System (NFIRS) v5.0.
    Type of Information Collection: Reinstatement, with change, of a
previously approved information collection for which approval has
expired.
    OMB Number: OMB No. 1660-0069.
    Form Titles and Numbers: The National Fire Incident Reporting
System (NFIRS) v5.0 Modules 1-11.
    Abstract: NFIRS provides a mechanism using standardized reporting
methods to collect and analyze fire incident data at the Federal,
State, and local levels. Data analysis helps local fire departments and
States to focus on current problems, predict future problems in their
communities, and measure whether their programs are working.
    Affected Public: State, Local or Tribal, and Federal Government.
    Estimated Number of Respondents: 23,500.
    Estimated Number of Responses: 28,059,000.
    Estimated Total Annual Burden Hours: 12,626,550.
    Estimated Total Annual Respondent Cost: $471,980,439.
    Estimated Respondents' Operation and Maintenance Costs: $1,974,000.
    Estimated Respondents' Capital and Start-Up Costs: $1,128,000.
    Estimated Total Annual Cost to the Federal Government: $3,356,189.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Maile Arthur,
Acting Records Management Branch Chief, Office of the Chief
Administrative Officer, Mission Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2019-25735 Filed 11-26-19; 8:45 am]
 BILLING CODE 9111-76-P


[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Page 31597]
[FR Doc No: 2017-14284]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9034-1]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EISs)
Filed 06/26/2017 Through 06/30/2017
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20170117, Final Supplement, FHWA, AK, Gravina Access Project,
Review Period Ends: 08/06/2017, Contact: Karen Pinell<PHONE_NUMBER>.
EIS No. 20170118, Draft, BLM, WY, Normally Pressured Lance Natural Gas
Development Project, Comment Period Ends: 08/21/2017, Contact: Susan
(Liz) Daily<PHONE_NUMBER>.
EIS No. 20170119, Draft, AFS, CA, Mammoth Base Area Land Exchange,
Comment Period Ends: 08/21/2017, Contact: Janelle Walker<PHONE_NUMBER>.
EIS No. 20170120, Draft, USFS, CA, Highway 89 Safety Enhancement and
Forest Ecosystem Restoration Project, Comment Period Ends: 08/21/2017,
Contact: Ann Glubczynski<PHONE_NUMBER>.
EIS No. 20170121, Final Supplement, USN, NAT, Surveillance Towed Array
Sensor System (SURTASS LFA) Sonar, Review Period Ends: 08/07/2017,
Contact: CDR Patrick Havel<PHONE_NUMBER>.
EIS No. 20170122, Draft Supplement, USFS, CO, Rico West Dolores Roads
and Trails Travel Management Project, Comment Period Ends: 08/21/2017,
Contact: Deborah Kill<PHONE_NUMBER>.
EIS No. 20170123, Draft, USFS, OR, Lobert Restoration Project, Comment
Period Ends: 08/21/2017, Contact: Kyle Gomez<PHONE_NUMBER>.
EIS No. 20170124, Draft, FRA, NJ, Hudson Tunnel Project, Comment Period
Ends: 08/21/2017, Contact: Amishi Castelli<PHONE_NUMBER>.

Amended Notices

EIS No. 20170114, Draft, USN, PRO, Atlantic Fleet Training and Testing,
Comment Period Ends: 08/29/2017, Contact: Todd Kraft<PHONE_NUMBER>
Revision of the FR Notice Published 06/30/2017; Correction to Comment
Period Ends from 08/14/2017 to 08/29/2017.

    Dated: July 3, 2017.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2017-14284 Filed 7-6-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39892-39893]
[FR Doc No: 2017-17762]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2016-0002]

Final Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final notice.

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

SUMMARY: Flood hazard determinations, which may include additions or
modifications of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where
applicable, in the supporting Flood Insurance Study (FIS) reports have
been made final for the communities listed in the table below.
    The FIRM and FIS report are the basis of the floodplain management
measures that a community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the Federal Emergency Management Agency's (FEMA's)
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report are used by insurance agents and others to calculate appropriate
flood insurance premium rates for buildings and the contents of those
buildings.

DATES: The effective date of December 21, 2017 which has been
established for the FIRM and, where applicable, the supporting FIS
report showing the new or modified flood hazard information for each
community.

ADDRESSES: The FIRM, and if applicable, the FIS report containing the
final flood hazard information for each community is available for
inspection at the respective Community Map Repository address listed in
the tables below and will be available online through the FEMA Map
Service Center at www.msc.fema.gov by the effective date indicated
above.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the new or
modified flood hazard information for each community listed.
Notification of these changes has been published in newspapers of local
circulation and 90 days have elapsed since that publication. The Deputy
Associate Administrator for Insurance and Mitigation has resolved any
appeals resulting from this notification.
    This final notice is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the new or revised FIRM and FIS report available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.
    The flood hazard determinations are made final in the watersheds
and/or communities listed in the table below.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: July 31, 2017.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
            Burlington County, New Jersey (All Jurisdictions)
------------------------------------------------------------------------
Borough of Fieldsboro..................  Municipal Building, 204
                                          Washington Street, Fieldsboro,
                                          NJ 08505.
Borough of Medford Lakes...............  Municipal Building, Clerk's
                                          Office, 3rd Floor, 1 Cabin
                                          Circle, Medford Lakes, NJ
                                          08055.
Borough of Palmyra.....................  Borough Hall, 2nd Floor, 20
                                          West Broad Street, Palmyra, NJ
                                          08065.
Borough of Pemberton...................  Municipal Building, 50 Egbert
                                          Street, Pemberton, NJ 08068.
Borough of Riverton....................  Borough Hall, 505A Howard
                                          Street, NJ 08077.
Borough of Wrightstown.................  Municipal Building, 21 Saylors
                                          Pond Road, Wrightstown, NJ
                                          08562.
City of Beverly........................  City Hall, 2nd Floor, 446 Broad
                                          Street, Beverly, NJ 08010.
City of Bordentown.....................  City Hall, Tax Office, 324
                                          Farnsworth Avenue, Bordentown,
                                          NJ 08505.
City of Burlington.....................  City Hall, Municipal Office,
                                          525 High Street, Burlington,
                                          NJ 08016.
Township of Bass River.................  Bass River Township Municipal
                                          Building, 3 North Maple
                                          Avenue, New Gretna, NJ 08087.
Township of Bordentown.................  Municipal Building, Community
                                          Development Office, 1
                                          Municipal Drive, Bordentown,
                                          NJ 08505.
Township of Burlington.................  Township Municipal Building,
                                          Engineering Department, 851
                                          Old York Road, Burlington, NJ
                                          08016.
Township of Chesterfield...............  Municipal Building, 300
                                          Bordentown-Chesterfield Road,
                                          Chesterfield, NJ 08515.
Township of Cinnaminson................  Township Building, 1621
                                          Riverton Road, Cinnaminson, NJ
                                          08077.
Township of Delanco....................  Municipal Building, 770
                                          Coopertown Road, Delanco, NJ
                                          08075.
Township of Delran.....................  Municipal Building, 900 Chester
                                          Avenue, Delran, NJ 08075.
Township of Eastampton.................  Municipal Building, 12 Manor
                                          House Court, Eastampton, NJ
                                          08060.
Township of Edgewater Park.............  Township Building, 400 Delanco
                                          Road, Edgewater Park, NJ
                                          08010.

Township of Evesham....................  Evesham Township Municipal
                                          Building, Department of
                                          Community Development, 984
                                          Tuckerton Road, Marlton, NJ
                                          08053.
Township of Florence...................  Municipal Complex, Clerk's
                                          Office, 711 Broad Street,
                                          Florence, NJ 08518.
Township of Hainesport.................  Township Municipal Building, 1
                                          Hainesport Centre, Hainesport,
                                          NJ 08036.
Township of Lumberton..................  Municipal Building, 35
                                          Municipal Drive, Lumberton, NJ
                                          08048.
Township of Mansfield..................  Mansfield Township Municipal
                                          Complex, 3135 Route 206 South,
                                          Suite 1, Columbus, NJ 08022.
Township of Maple Shade................  Municipal Building, Community
                                          Development, 200 Stiles
                                          Avenue, Maple Shade, NJ 08052.
Township of Medford....................  Municipal Hall, 17 North Main
                                          Street, Medford, NJ 08055.
Township of Moorestown.................  Town Hall, Department of
                                          Community Development, 2nd
                                          Floor, 111 West 2nd Street,
                                          Moorestown, NJ 08057.
Township of Mount Holly................  Municipal Building, Clerk's
                                          Office, 3rd Floor, 23
                                          Washington Street, Mount
                                          Holly, NJ 08060.
Township of Mount Laurel...............  Municipal Building, 100 Mount
                                          Laurel Road, Mount Laurel, NJ
                                          08054.
Township of New Hanover................  New Hanover Township Municipal
                                          Building, 2 Hockamick Road,
                                          Cookstown, NJ 08511.
Township of North Hanover..............  North Hanover Township
                                          Municipal Building, 41
                                          Schoolhouse Road, Jacobstown,
                                          NJ 08562.
Township of Pemberton..................  Municipal Building, 500
                                          Pemberton-Browns Mills Road,
                                          Pemberton, NJ 08068.
Township of Riverside..................  Administrative Building,
                                          Consturction Office, 237 South
                                          Pavilion Avenue, Riverside, NJ
                                          08075.
Township of Shamong....................  Municipal Building, 105 Willow
                                          Grove Road, Shamong, NJ 08088.
Township of Southampton................  Municipal Building, 5 Retreat
                                          Road, Southampton, NJ 08088.
Township of Springfield................  Springfield Township Municipal
                                          Building, 2159 Jacksonville
                                          Jobstown Road, Jobstown, NJ
                                          08041.
Township of Tabernacle.................  Town Hall, 163 Carranza Road,
                                          Tabernacle, NJ 08088.
Township of Washington.................  Washington Township Municipal
                                          Building, Emergency Management
                                          Office, 2436 County Route 563,
                                          Egg Harbor City, NJ 08215.
Township of Westampton.................  Municipal Building,
                                          Construction Office, 710
                                          Rancocas Road, Westampton, NJ
                                          08060.
Township of Willingboro................  Municipal Complex, 1 Reverend
                                          Dr. Martin Luther King, Jr.
                                          Drive, Willingboro, NJ 08046.
Township of Woodland...................  Woodland Township Municipal
                                          Building, 3943 Main Street,
                                          Chatsworth, NJ 08019.
------------------------------------------------------------------------

[FR Doc. 2017-17762 Filed 8-21-17; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 78, Number 44 (Wednesday, March 6, 2013)]
[Notices]
[Pages 14617-14619]
[FR Doc No: 2013-05166]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69007; File No. SR-MIAX-2013-05]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Establish the MIAX Top of Market (``ToM'') Data Product

February 28, 2013.
    Pursuant to the provisions of 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 February 15, 2013, Miami International
Securities Exchange LLC (``MIAX'' or ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') a proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange is filing a proposal to establish a market data
product related to the trading of standardized options on MIAX.
Specifically, the Exchange is proposing to provide the MIAX Top of
Market (``ToM''), a direct data feed that features the Exchange's best
bid and offer, with aggregate size and last sale information on the
MIAX system.
    The text of the proposed rule change is also available on the
Exchange's Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at MIAX's principal office, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to establish the ToM
market data product. ToM provides a direct data feed that includes the
Exchange's best bid and offer, with aggregate size, based on
displayable order and quoting interest on the Exchange. The ToM data
feed includes data that is identical to the data sent to the processor
for the Options Price Reporting Authority (``OPRA''). The ToM and OPRA
data leave the MIAX system at the same time, as required under Section
5.2(c)(iii)(B) of the Limited Liability Company Agreement of the
Options Price Reporting Authority LLC (the ``OPRA Plan''), which
prohibits the dissemination of proprietary information on any more
timely basis than the same information is furnished to the OPRA System
for inclusion in OPRA's consolidated dissemination of options
information.
    In addition to MIAX's best bid and offer, with aggregate size and
last sale information, subscribers to ToM will also receive: Opening
imbalance condition information; opening and intra-day routing
information; Expanded

Quote Range \3\ information; Post-Halt Notification \4\ and Liquidity
Refresh \5\ condition information. MIAX Market Makers receive this
additional information by way of connectivity with the MIAX Express
Interface (``MEI''); \6\ those who are not MIAX Market Makers must
subscribe to ToM in order to receive the additional information.
---------------------------------------------------------------------------

    \3\ Where there is an imbalance at the price at which the
maximum number of contracts can trade that is also at or within the
highest valid width quote bid and lowest valid width quote offer,
the System will calculate an Expanded Quote Range (``EQR''). The EQR
will be recalculated any time a Route Timer or Imbalance Timer
expires if material conditions of the market (imbalance size, ABBO
price or size, liquidity price or size, etc.) have changed during
the timer. Once calculated, the EQR will represent the limits of the
range in which transactions may occur during the opening process.
See Exchange Rule 503(f)(5).
    \4\ After the Exchange has determined to end a trading system
halt, the System will broadcast to subscribers of the Exchange's
data feeds a Post-Halt Notification. See Exchange Rule 504(d).
    \5\ If a Market Maker quote was all or part of the MIAX Best Bid
or Offer (``MBBO'') and the Market Maker's quote was exhausted by
the partial execution of the initiating order, the System will pause
the market for a time period not to exceed one second to allow
additional orders or quotes refreshing the liquidity at the MBBO to
be received (``liquidity refresh pause''). See Exchange Rule
515(c)(1)(iii)(A).
    \6\ MEI is a connection to MIAX systems that enables Market
Makers to submit electronic quotes to MIAX.
---------------------------------------------------------------------------

    The Exchange expects to file with the Commission to assess fees
applicable to ToM. Such fees will not be assessed until the first full
calendar month during which MIAX lists and trades options overlying at
least 100 underlying securities. Once MIAX begins listing and trading
options overlying at least 100 underlying securities, and subject to
filing with the Commission, MIAX will assess market data fees
applicable to ToM.
2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with
Section 6(b) \7\ of the Act in general, and furthers the objectives of
Section 6(b)(5) \8\ of the Act in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest, and it is not designed to
permit unfair discrimination among customers, brokers, or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The ToM product is designed to promote just and equitable
principles of trade by providing all subscribers with top of market
data that should enable them to make informed decisions on trading in
MIAX options by using the ToM data to assess current market conditions
that directly affect such decisions. The market data provided by ToM
removes impediments to, and is designed to further perfect, the
mechanisms of a free and open market and a national market system by
making the MIAX market more transparent and accessible to market
participants making routing decisions concerning their options orders.
    The ToM market data product is also designed to protect investors
and the public interest by providing data to subscribers that is
already currently available on other exchanges \9\ and will enable MIAX
to compete with such other exchanges, thereby offering market
participants with additional data in order to seek the market center
with the best price and the most liquidity on which to execute their
transactions, all to the benefit of investors and the public interest,
and to the marketplace as a whole.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 60459 (August 7,
2009), 74 FR 41466 (August 17, 2009) (SR-Phlx-2009-54) (Order
Approving a Proposed Rule Change to Establish Fees for the Top of
PHLX Options Direct Data Feed Product).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
    On the contrary, the Exchange believes that the ToM market data
product will enhance competition in the U.S. options markets by
providing similar data to that which is currently provided on another
options exchange.\10\
---------------------------------------------------------------------------

    \10\ Id.
---------------------------------------------------------------------------

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

    Written comments were neither solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6) \12\
thereunder.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2013-05 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549.

All submissions should refer to File Number SR-MIAX-2013-05. 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
such filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-MIAX-2013-05 and should be submitted on or before March
27, 2013.

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

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-05166 Filed 3-5-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 236 (Tuesday, December 8, 2020)]
[Proposed Rules]
[Pages 78971-78974]
[FR Doc No: 2020-26910]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1113; Project Identifier MCAI-2020-00893-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-03-10, which applies to all Airbus SAS Model A300 series
airplanes; and Model A300 B4-600, B4-600R, and F4-600R series
airplanes, and Model A300 C4-605R Variant F airplanes (collectively
called Model A300-600 series airplanes). AD 2019-03-10 requires
repetitive detailed visual inspections of the main landing gear (MLG)
leg components and replacement of the MLG leg if cracked components are
found. Since the FAA issued AD 2019-03-10, it was determined that
additional actions (including inspections, modifications, and checks)
are needed to address the unsafe condition. This proposed AD would
continue to require the actions required by AD 2019-03-10. For certain
airplanes, this proposed AD would also require modification of the MLG
hinge arm by installing improved MLG hinge arm/barrel pins; an out-of-
roundness check of removed pins; repetitive inspections of any affected
pins and the associated connecting rod bushes, and replacement of the
MLG leg if cracked components are found; and installation of an
improved spacer as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 22,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>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 IBR 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 on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-1113.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1113; 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 NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-1113;
Project Identifier MCAI-2020-00893-T'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, explain the reason for any recommended change, and include
supporting data. The FAA will consider all comments received by the
closing date and may amend the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Dan
Rodina, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Discussion

    The FAA issued AD 2019-03-10, Amendment 39-19562 (84 FR 5595,
February 22, 2019) (AD 2019-03-10), which applies to all Airbus SAS
Model A300 series airplanes; and Model A300-600 series airplanes. AD
2019-03-10

requires repetitive detailed visual inspections of the MLG leg
components and replacement of the MLG leg if cracked components are
found. The FAA issued AD 2019-03-10 to address cracking of certain
components in the MLG leg, which could result in an MLG collapse, and
consequent damage to the airplane and injury to the airplane occupants.

Actions Since AD 2019-03-10 Was Issued

    Since the FAA issued AD 2019-03-10, Airbus issued instructions for
installation of a new MLG hinge arm/barrel pin with wet primer
integration, to improve corrosion protection. It was also determined
that an out-of-roundness check of removed pins is needed to detect
potential overload. Airbus also issued instructions for repetitive
general visual inspections of affected pins and connecting rod bushes.
Airbus also issued instructions for modification of the spacer design
to prevent migration of the connecting rod bushes in case of bush
fracture.
    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0145, dated July 1, 2020 (EASA
AD 2020-0145) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A300 series airplanes; Model A300-600 series
airplanes; and Model A300F4-608ST airplanes. EASA AD 2020-0145
supersedes EASA AD 2018-0170 (which corresponds to FAA AD 2019-03-10).
Model A300F4-608ST airplanes are not certificated by the FAA and are
not included on the U.S. type certificate data sheet; this proposed AD
therefore does not include those airplanes in the applicability.
    This proposed AD was prompted by reports of cracks in MLG leg
components, and a determination that additional actions (including
inspections, modifications, and checks) are needed to address the
unsafe condition. The FAA is proposing this AD to address cracking of
certain components in the MLG leg, which could result in an MLG
collapse, and consequent damage to the airplane and injury to the
airplane occupants. See the MCAI for additional background information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2019-03-10, this proposed AD would retain all of the
requirements of AD 2019-03-10. Those requirements are referenced in
EASA AD 2020-0145, which, in turn, is referenced in paragraph (g) of
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0145 describes procedures for repetitive detailed
visual inspections of the MLG leg components and replacement of the MLG
leg if cracked components are found. EASA AD 2020-0145 also describes
procedures, for certain airplanes, for modification of the MLG hinge
arm by installing improved pins, which would terminate the repetitive
detailed inspections required by AD 2019-03-10; an out-of-roundness
check of removed pins; repetitive inspections of affected pins and the
associated connecting rod bushes for cracking, and replacement of the
MLG leg if cracked components are found; and installation of an
improved spacer, which would terminate the repetitive pin and rod
bushes inspections. EASA AD 2020-0145 also describes procedures for
reporting results of the out-of-roundness check to Safran.
    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.

FAA's Determination and Requirements of This Proposed AD

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

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0145 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0145
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0145 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2020-0145 that is required for compliance with EASA AD 2020-
0145 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-1113 after the FAA
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 128 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD           1 work-hour x $85                $0  $85, per inspection  $10,880, per
 2019[dash]03[dash]10.              per hour = $85,                      cycle.               inspection cycle.
                                    per inspection
                                    cycle.
New proposed modifications.......  180 work-hours x             17,993  33,293.............  4,261,504.
                                    $85 per hour =
                                    $15,300.

New proposed inspection..........  1 work-hour x $85                 0  85.................  10,880.
                                    per hour = $85.
New proposed out-of-roundness      4 work-hours x $85                0  340................  43,520.
 check.                             per hour = $340.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 work-hour per product
to comply with the proposed reporting requirement in this proposed AD.
The average labor rate is $85 per hour. Based on these figures, the FAA
estimates the cost of reporting the inspection results on U.S.
operators to be $85, or $85 per product.

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                              Cost per
           Labor cost                    Parts cost            product
------------------------------------------------------------------------
20 work-hours x $85 per hour =    $3,400,000 per MLG......  $3,401,700
 $1,700 per MLG.                                             per MLG.
------------------------------------------------------------------------

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 proposed AD
is 2120-0056. The paperwork cost associated with this proposed 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
associated with this proposed AD is mandatory. Comments concerning the
accuracy of this burden and suggestions for reducing the burden should
be directed to Information Collection Clearance Officer, Federal
Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-
1524.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2019-03-10, Amendment 39-19562
(84 FR 5595, February 22, 2019), and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2020-1113; Project Identifier MCAI-2020-
00893-T.

(a) Comments Due Date

    The FAA must receive comments by January 22, 2021.

(b) Affected Airworthiness Directives (ADs)

    This AD replaces AD 2019-03-10, Amendment 39-19562 (84 FR 5595,
February 22, 2019) (AD 2019-03-10).

(c) Applicability

    This AD applies to all Airbus SAS airplanes, certificated in any
category, identified in paragraphs (c)(1) through (5) of this AD.
    (1) Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and
B4-203 airplanes.
    (2) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.
    (3) Model A300 B4-605R and B4-622R airplanes.
    (4) Model A300 F4-605R and F4-622R airplanes.
    (5) Model A300 C4-605R Variant F airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
Gear.

(e) Reason

    This AD was prompted by reports of cracks in main landing gear
(MLG) leg components, and a determination that additional actions
(including inspections, modifications, and out-of-roundness checks)
are needed to address the unsafe condition. The FAA is issuing this
AD to address cracking of certain components in the MLG leg, which
could result in an MLG collapse, and consequent damage to the
airplane and injury to the airplane occupant.

(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, European Union Aviation Safety Agency (EASA) AD
2020-0145, dated July 1, 2020 (EASA AD 2020-0145).

(h) Exceptions to EASA AD 2020-0145

    (1) Where EASA AD 2020-0145 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2020-0145 refers to the effective date of EASA
AD 2018-0170, this AD requires using March 29, 2019 (the effective
date of AD 2019-03-10).
    (3) The ``Remarks'' section of EASA AD 2020-0145 does not apply
to this AD.
    (4) Paragraph (3) of EASA AD 2020-0145 specifies to ``send all
removed pins for an out-of-roundness check.'' For this AD, do an
inspection of each pin for out-of-roundness, in accordance with the
service information specified in EASA AD 2020-0145.
    (5) Paragraph (3) of EASA AD 2020-0145 specifies to report
inspection results to Safran within a certain compliance time. For
this AD, report inspection results at the applicable time specified
in paragraph (h)(5)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.

(i) Other FAA 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)(2) of
this AD. Information may be emailed to<EMAIL_ADDRESS>
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 Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0145 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
    (4) Paperwork Reduction Act Burden Statement: A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a 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 OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
All responses to this collection of information are mandatory as
required by this AD. Send comments regarding this burden estimate or
any other aspect of this collection of information, including
suggestions for reducing this burden to Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

(j) Related Information

    (1) For information about EASA AD 2020-0145, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email<EMAIL_ADDRESS>internet www.easa.europa.eu. You
may find this EASA AD 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>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-1113.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on December 2, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-26910 Filed 12-7-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 19, 2005 (Volume 70, Number 201)]
[Notices]
[Page 60806]
[DOCID:fr19oc05-48]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-9-000]

Colorado Interstate Gas Company; Notice of Operational Purchases/
Sales; Annual Report

October 12, 2005.
    Take notice that on October 6, 2005, Colorado Interstate Gas
Company tendered for filing its annual report of operational purchases
and sales in accordance with section 37.3 of the general terms and
conditions of its FERC Gas Tariff, First Revised Volume No. 1.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. eastern time on October 19, 2005.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-5754 Filed 10-18-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8882-8884]
[FR Doc No: 2023-02908]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0002; Internal Agency Docket No. FEMA-B-2311]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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

SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Federal
Regulations. The currently effective community number is shown in the
table below and must be used for all new policies and renewals.

DATES: These flood hazard determinations will be finalized on the dates
listed in the table below and revise the FIRM panels and FIS report in
effect prior to this determination for the listed communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Insurance and Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact

stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Federal Emergency
Management Agency, Department of Homeland Security.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Chief executive
  State and county     Location and  case       officer of         Community map      Online location of letter of map         Date of         Community
                              No.               community            repository                   revision                   modification         No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
California:
    Riverside.......  Agua Caliente Band   The Honorable Reid   Tribal               https://msc.fema.gov/portal/        Apr. 28, 2023......      060763
                       of Cahuilla Indian   D. Milanovich,       Administrative       advanceSearch.
                       Reservation (21-09-  Chair, Tribal        Office, Planning
                       0616P).              Council, Agua        and Natural
                                            Caliente Band of     Resources, 5401
                                            Cahuilla Indians,    Dinah Shore Drive,
                                            5401 Dinah Shore     Palm Springs, CA
                                            Drive, Palm          92264.
                                            Springs, CA 92264.
    Riverside.......  City of Menifee (22- The Honorable Bill   Public Works and     https://msc.fema.gov/portal/        May 17, 2023.......      060176
                       09-0958P).           Zimmerman, Mayor,    Engineering          advanceSearch.
                                            City of Menifee,     Department, 29714
                                            29844 Haun Road,     Haun Road,
                                            Menifee, CA 92586.   Menifee, CA 92586.
    Riverside.......  City of Palm         The Honorable Lisa   Public Works and     https://msc.fema.gov/portal/        Apr. 28, 2023......      060257
                       Springs (21-09-      Middleton, Mayor,    Engineering          advanceSearch.
                       0616P).              City of Palm         Department, 3200
                                            Springs, 3200 East   East Tahquitz
                                            Tahquitz Canyon      Canyon Way, Palm
                                            Way, Palm Springs,   Springs, CA 92262.
                                            CA 92262.
    Riverside.......  Unincorporated       The Honorable Jeff   Riverside County,    https://msc.fema.gov/portal/        May 4, 2023........      060245
                       Areas of Riverside   Hewitt, Chair,       Flood Control and    advanceSearch.
                       County (22-09-       Board of             Water Conservation
                       0446P).              Supervisors,         District, 1995
                                            Riverside County,    Market Street,
                                            4080 Lemon Street,   Riverside, CA
                                            5th Floor,           92501.
                                            Riverside, CA
                                            92501.
    Sonoma..........  City of Santa Rosa   The Honorable Chris  City Hall,           https://msc.fema.gov/portal/        May 4, 2023........      060381
                       (22-09-0905P).       Rogers, Mayor,       Engineering          advanceSearch.
                                            City of Santa        Division, 100
                                            Rosa, 100 Santa      Santa Rosa Avenue,
                                            Rosa Avenue, Room    Room 3, Santa
                                            10, Santa Rosa, CA   Rosa, CA 95404.
                                            95404.
    Sonoma..........  Unincorporated       The Honorable Lynda  Sonoma County,       https://msc.fema.gov/portal/        May 4, 2023........      060375
                       Areas of Sonoma      Hopkins, Chair,      Permit and           advanceSearch.
                       County (22-09-       Board of             Resource
                       0905P).              Supervisors,         Management, 2550
                                            Sonoma County, 575   Ventura Avenue,
                                            Administration       Santa Rosa, CA
                                            Drive, Room 100A,    95403.
                                            Santa Rosa, CA
                                            95403.
Hawaii:.............
    Honolulu........  City and County of   The Honorable Rick   Department of        https://msc.fema.gov/portal/        May 3, 2023........      150001
                       Honolulu (22-09-     Blangiardi, Mayor,   Planning and         advanceSearch.
                       0548P).              City and County of   Permitting, 650
                                            Honolulu, 530        South King Street,
                                            South King Street,   1st Floor,
                                            Room 300,            Honolulu, HI 96813.
                                            Honolulu, HI 96813.
Indiana:
    Hamilton........  City of Noblesville  The Honorable Chris  Planning             https://msc.fema.gov/portal/        Apr. 6, 2023.......      180082
                       (22-05-1795P).       Jensen, Mayor,       Department, 16       advanceSearch.
                                            City of              South 10th Street,
                                            Noblesville, City    Suite 150,
                                            Hall, 16 South       Noblesville, IN
                                            10th Street,         46060.
                                            Noblesville, IN
                                            46060.
    Lake............  Town of St. John     Mike Aurelio,        Town Clerk's         https://msc.fema.gov/portal/        May 11, 2023.......      180141
                       (21-05-3750P).       Chair, St. John      Office, 10955 West   advanceSearch.
                                            Town Council,        93rd Avenue, St.
                                            Municipal Offices,   John, IN 46373.
                                            10995 West 93rd
                                            Avenue, St. John,
                                            IN 46373.
    Lake............  Unincorporated       Ted Bilski,          Lake County          https://msc.fema.gov/portal/        May 11, 2023.......      180126
                       Areas of Lake        President, Lake      Building, 2293       advanceSearch.
                       County (21-05-       County Council,      North Main Street,
                       3750P).              2293 North Main      Crown Point, IN
                                            Street, Building     46307.
                                            `A', 3rd Floor,
                                            Crown Point, IN
                                            46307.
Minnesota:
    Redwood.........  City of Redwood      The Honorable Gary   City Office, 333     https://msc.fema.gov/portal/        May 5, 2023........      270393
                       Falls (22-05-        Revier, Mayor,       South Washington     advanceSearch.
                       1715P).              City of Redwood      Street, Redwood
                                            Falls, P.O. Box      Falls, MN 56283.
                                            526, Redwood
                                            Falls, MN 56283.
    Redwood.........  Unincorporated       Chair Priscilla      Redwood County       https://msc.fema.gov/portal/        May 5, 2023........      270644
                       Areas of Redwood     Klabunde, Board of   Government Center,   advanceSearch.
                       County (22-05-       Redwood County       403 South Mill
                       1715P).              Commissioners,       Street, Redwood
                                            P.O. Box 130,        Falls, MN 56283.
                                            Redwood Falls, MN
                                            56283.
Missouri:...........
    Jackson.........  City of Lee's        The Honorable Bill   Mayor's Office, 207  https://msc.fema.gov/portal/        May 8, 2023........      290174
                       Summit (22-07-       Baird, Mayor, City   Southwest Market     advanceSearch.
                       0797P).              of Lee's Summit,     Street, Lee's
                                            220 Southeast        Summit, MO 64063.
                                            Green Street,
                                            Lee's Summit, MO
                                            64063.
Nebraska:...........

    Lancaster.......  City of Lincoln (22- The Honorable        Building and Safety  https://msc.fema.gov/portal/        May 12, 2023.......      315273
                       07-0792P).           Leirion Gaylor       Department, 555      advanceSearch.
                                            Baird, Mayor, City   South 10th Street,
                                            of Lincoln, 555      Lincoln, NE 68508.
                                            South 10th Street,
                                            Suite 301,
                                            Lincoln, NE 68508.
Nevada:.............
    Clark...........  Unincorporated       The Honorable James  Clark County,        https://msc.fema.gov/portal/        May 4, 2023........      320003
                       Areas of Clark       B. Gibson, Chair,    Office of the        advanceSearch.
                       County (22-09-       Board of             Director of Public
                       1177P).              Commissioners,       Works, 500 South
                                            Clark County, 500    Grand Central
                                            South Grand          Parkway, 2nd
                                            Central Parkway,     Floor, Las Vegas,
                                            6th Floor, Las       NV 89155.
                                            Vegas, NV 89155.
Texas:..............
    Williamson......  City of Hutto (22-   The Honorable Mike   City Hall, 500 West  https://msc.fema.gov/portal/        Apr. 17, 2023......      481047
                       06-1965P).           Snyder, Mayor,       Live Oak Street,     advanceSearch.
                                            City of Hutto, 500   Hutto, TX 78634.
                                            West Live Oak
                                            Street, Hutto, TX
                                            78634.
Washington:
    Chelan..........  Unincorporated       Cathy Mulhall,       Chelan County,       https://msc.fema.gov/portal/        Apr. 27, 2023......      530015
                       Areas of Chelan      Chelan County        Department of        advanceSearch.
                       County (22-10-       Administrator, 400   Public Works, 350
                       0970P).              Douglas Street,      Orondo Street,
                                            Suite 401,           Wenatchee, WA
                                            Wenatchee, WA        98801.
                                            98801.
    Clark...........  City of Woodland     The Honorable        City Hall, 230       https://msc.fema.gov/portal/        May 11, 2023.......      530035
                       (23-10-0005P).       William Finn,        Davidson Avenue,     advanceSearch.
                                            Mayor, City of       Woodland, WA 98674.
                                            Woodland, P.O. Box
                                            9, Woodland, WA
                                            98674.
    Clark...........  Unincorporated       Karen Dill           Clark County, 1300   https://msc.fema.gov/portal/        May 11, 2023.......      530024
                       Areas of Clark       Bowerman, County     Franklin Street,     advanceSearch.
                       County (23-10-       Councilor,           Vancouver, WA
                       0005P).              District 3, Clark    98660.
                                            County, P.O. Box
                                            5000, Vancouver,
                                            WA 98666.
    Cowlitz.........  Unincorporated       Arne Mortensen,      Cowlitz              https://msc.fema.gov/portal/        May 11, 2023.......      530032
                       Areas of Cowlitz     County               Administration       advanceSearch.
                       County (23-10-       Commissioner,        Building, 207 4th
                       0005P).              Cowlitz County,      Avenue North, Room
                                            207 4th Avenue       305, Kelso, WA
                                            North, Room 305,     98626.
                                            Kelso, WA 98626.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2023-02908 Filed 2-9-23; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 79, Number 217 (Monday, November 10, 2014)]
[Rules and Regulations]
[Page 66607]
[FR Doc No: 2014-26590]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 145

[Docket No. FAA-2006-26408, Amdt. No. 145-30A]
RIN 2120-AJ61

Repair Stations

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; correction.

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

SUMMARY: The Federal Aviation Administration (FAA) is correcting a
final rule published in the Federal Register on August 12, 2014, (79 FR
46974). In that rule, the FAA removed a word to address what the agency
perceived to be a previous oversight. After publication, and based on
information in a petition for rulemaking, the FAA realized that the
word should remain. Since the final rule's changes do not become
effective until November 10, 2014, this correction will ensure that the
word remains in the regulation.

DATES: Effective November 10, 2014.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Susan Traugott, Repair Station Branch (AFS-340),
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington DC, 20591; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>For legal questions concerning this action,
contact Edmund Averman, Office of the Chief Counsel (AGC-210), Federal
Aviation Administration, 800 Independence Avenue SW., Washington,
DC20591; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On August 12, 2014, the FAA published a final rule entitled
``Repair Stations,'' (79 FR 46974). In that rule, among other things,
the agency stated it was making a correction to Sec.  145.221(a) to
remove what it said was the ``erroneous insertion of the word `serious'
when addressing the service difficulty reporting requirements from any
failure, malfunction, or defect.'' We noted that the word ``serious''
was removed through notice and comment rulemaking in a 2001 final rule
entitled ``Repair Stations,'' (66 FR 41088; August 6, 2001). We stated
that the word ``serious'' had been ``inadvertently inserted by a
separate final rule entitled `Service Difficulty Reports,'' (65 FR
56191, September 15, 2000).''
    The agency erred when it stated that the September 15, 2000 final
rule erroneously inserted the word ``serious'' in the repair station
rules for service difficulty reporting. The 2000 rule did not insert
the word ``serious''--it simply retained it in the predecessor defect
reporting regulations that the agency was amending for unrelated
purposes. Those rules had limited the types of reports required to only
those involving defects that were ``serious'' since at least 1964. In
the 2001 amendments, the agency inadvertently omitted the word
``serious'' in new Sec.  145.221(a). (66 FR 41088; August 6, 2001). The
agency restored the term in 2003 correctly, noting that ``it was not
the FAA's intent to require repair stations to report all failures,
malfunctions, and defects.'' ``Repair Stations: Service Difficulty
Reporting,'' (68 FR 75380; December. 30, 2003).
    On September 22, 2014, eight aviation-related organizations jointly
filed a petition for rulemaking with the FAA (Docket No. FAA-2014-
0767). Petitioners included: Aeronautical Repair Station Association,
Aerospace Industries Association, Aircraft Electronics Association,
Airlines for America, Cargo Airline Association, General Aviation
Manufacturers Association, National Air Carrier Association, and
National Air Transportation Association (collectively, the
``Petitioners''). The Petitioners stated that the FAA erred in removing
the word ``serious'' from Sec.  145.221(a). While acknowledging the
above-referenced changes cited by the FAA in the 2014 final rule, the
Petitioners further noted that the word ``serious'' was deliberately
and correctly reinserted in a December 30, 2003 final rule (68 FR
75381).
    After reviewing the 2003 final rule, the FAA agrees with the
Petitioners and is instructing the Federal Register not to remove the
word ``serious'' in Sec.  145.221(a).
    In FR rule document 2014-18938, appearing on page 46971 in the
Federal Register of Tuesday, August 12, 2014, the following correction
is made:

Sec.  145.221  [Corrected]

    1. On page 46985, in the first column, in Sec.  145.221, paragraph
(a), add the word ``serious'' before the phrase ``failure, malfunction,
or defect of an article.''

    Issued under authority of 49 U.S.C. 106(f), 44701(a), and 44707
in Washington, DC, on November 4, 2014.
Lirio Liu
Director, Office of Rulemaking.
[FR Doc. 2014-26590 Filed 11-7-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Notices]
[Pages 61003-61004]
[FR Doc No: 2012-24528]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0405]

Stephen C. Delaney, Jr.: Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is issuing an order
under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) debarring
Stephen C. Delaney, Jr. for a period of 5 years from importing articles
of food or offering such articles for importation into the United
States. FDA bases this order on a finding that Mr. Delaney was
convicted of one felony count under Federal law for conduct relating to
the importation into the United States of an article of food. Mr.
Delaney was given notice of the proposed debarment and an opportunity
to request a hearing within the timeframe prescribed by regulation. As
of August 10, 2012 (30 days after receipt of the notice), Mr. Delaney
had not responded. Mr. Delaney's failure to respond constitutes a
waiver of his right to a hearing concerning this action.

DATES: This order is effective October 5, 2012.

ADDRESSES: Submit applications for termination of debarment to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Kenny Shade, Office of Regulatory
Affairs, Food and Drug Administration, 12420 Parklawn Dr., Rockville,
MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(1)(C) of the FD&C Act (21 U.S.C. 335a(b)(1)(C))
permits FDA to debar an individual from importing an article of food or
offering such an article for import into the United States if FDA
finds, as required by section 306(b)(3)(A) of the FD&C Act (21 U.S.C.
335a(b)(3)(A)), that the individual has been convicted of a felony for
conduct relating to the importation into the United States of any food.
    On April 8, 2011, Mr. Delaney was convicted in the U.S. District
Court for the District of Massachusetts of one count of false labeling
under the Lacey Act in violation of 16 U.S.C. 3372(d).
    FDA's finding that debarment is appropriate is based on the felony
conviction referenced herein for conduct relating to the importation
into the United States of any food. The factual basis for this
conviction is as follows: As alleged in the indictment that was filed
against Mr. Delaney, he was the president and owner of a seafood
packing and re-packing company. On or about April 15, 2009, in
violation of 16 U.S.C. 3372(d), he knowingly made and submitted a false
record, account and label for, and a false identification of fish that
had been and was intended to be, imported, purchased, and received from
a foreign country and transported in interstate commerce, and involved
the sale and purchase, the offer of sale and purchase, and the intent
to sell and purchase, fish with a market value of approximately $8,000.
Specifically, Mr. Delaney falsely labeled imported frozen fillets of
pollock, product of China, as cod loins, product of Canada.
    As a result of his conviction, on July 9, 2012, FDA sent Mr.
Delaney a notice by certified mail proposing to debar him for a period
of 5 years from importing articles of food or offering such articles
for import into the United States. The proposal was based on a finding
under section 306(b)(1)(C) of the FD&C Act that Mr. Delaney was
convicted of a felony under Federal law for conduct relating to the
importation into the United States of an article of food because he
knowingly made and submitted a false record, account and label for, and
a false identification of fish that had been and was intended to be,
imported, purchased, and received from a foreign country and
transported in interstate commerce, and involved the sale and purchase,
the offer of sale and purchase, and intent to sell and purchase, fish
with a market value of approximately $8,000.
    The proposal was also based on a determination, after consideration
of the factors set forth in section 306(c)(3) of the FD&C Act (21
U.S.C. 335a(c)(3)), that Mr. Delaney should be subject to a 5-year
period of debarment. The proposal also offered Mr. Delaney an
opportunity to request a hearing, providing him 30 days from the date
of receipt of the letter in which to file the request, and advised

him that failure to request a hearing constituted a waiver of the
opportunity for a hearing and of any contentions concerning this
action. Mr. Delaney failed to respond within the timeframe prescribed
by regulation and has, therefore, waived his opportunity for a hearing
and waived any contentions concerning his debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Director, Office of Enforcement, Office of
Regulatory Affairs, under section 306(b)(1)(C) of the FD&C Act, and
under authority delegated to the Director (Staff Manual Guide 1410.35),
finds that Mr. Stephen C. Delaney, Jr. has been convicted of a felony
under Federal law for conduct relating to the importation of an article
of food into the United States and that he is subject to a 5-year
period of debarment.
    As a result of the foregoing finding, Mr. Delaney is debarred for a
period of 5 years from importing articles of food or offering such
articles for import into the United States, effective (see DATES).
Pursuant to section 301(cc) of the FD&C Act (21 U.S.C. 331(cc)), the
importing or offering for import into the United States of an article
of food by, with the assistance of, or at the direction of Mr. Delaney
is a prohibited act.
    Any application by Mr. Delaney for termination of debarment under
section 306(d)(1) of the FD&C Act should be identified with Docket No.
FDA-2012-N-0405 and sent to the Division of Dockets Management (see
ADDRESSES). All such submissions are to be filed in four copies. The
public availability of information in these submissions is governed by
21 CFR 10.20(j).
    Publicly available submissions may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: September 21, 2012.
Armando Zamora,
Acting Director, Office of Enforcement, Office of Regulatory Affairs.
[FR Doc. 2012-24528 Filed 10-4-12; 8:45 am]
BILLING CODE 4160-01-P