[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59480-59482]
[FR Doc No: 2016-20855]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0371]
RIN 1625-AA00

Safety Zone; Chesapeake Bay, Hampton, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters east of Ft. Monroe located in Hampton, VA, on the
Chesapeake Bay. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards associated
with military exercises involving high-speed, quick maneuvering
vessels. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Hampton
Roads.

DATES: This rule is effective from 7 a.m. on September 7, 2016, through
6 p.m. on October 7, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0371 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Barbara Wilk, Waterways Management Division Chief,
Sector Hampton Roads, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because information about the military
exercises beginning on September 7, 2016, was not received by the Coast
Guard with sufficient time making it impracticable to publish a final
rule less than 30 days after the publication in the Federal Register
while also allowing for an opportunity to comment on a proposed rule.
The Coast Guard will provide advance notifications to users of the
affected waterway via marine information broadcasts and local notice to
mariners.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. The restriction on
vessel traffic is necessary to protect life, property and the
environment, for the duration of the military exercise due to the high
speeds of the vessels involved. Therefore, due to the need to have a
rule effective by September 7, 2016, a 30-day, delayed-effective-date
is impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives, immediate action is needed to
protect persons and vessels, and enhance public and maritime safety.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Hampton Roads (COTP) has determined that
potential hazards associated with the military exercises starting on
September 7, 2016, will be a safety concern for anyone within described
coordinates of the U.S. Navy exercises. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone from hazards to mariners associated with the
exercises include high speed maneuvering vessels.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. Wednesday,
September 7, 2016, through 6 p.m. Friday, October 7, 2016. The safety
zone will encompass all navigable waters within an area enclosed by a
line connecting the following points latitude 37[deg]07'06'' N.,
longitude 076[deg]13'12'' W., thence east to 37[deg]05'18'' N.,
longitude 076[deg]06'54'' W., thence southeast to 37[deg]04'30'' N.,
longitude 076[deg]06'30'' W., thence south to 36[deg]59'24''.4 N.,
longitude 076[deg]08'30'' W., thence west to 37[deg]01'18'' N.,
longitude 076[deg]15'36'' W., thence to the point or origin on the
Chesapeake Bay located just northeast of Ft. Monroe in Hampton, VA. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters during military exercises.
No vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive order related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact the designated area of the Chesapeake Bay in Hampton, VA for 31
days. Moreover, the Coast Guard will issue Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone and the rule allows vessels
to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting 31 days that will prohibit entry
within five nautical miles of vessels involved in the military
exercises located just northeast of Ft. Monroe in Hampton, VA. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T05-0371 to read as follows:

Sec.  165.T05-0371  Safety Zone, Chesapeake Bay; Hampton, VA.

    (a) Definitions. For the purposes of this section--
    Captain of the Port means the Commander, Sector Hampton Roads.
    ``Representative'' means any Coast Guard commissioned, warrant or
petty officer who has been authorized to act on the behalf of the
Captain of the Port.
    Participants means individuals and vessels involved in the military
exercises.
    (b) Location. The following area is a safety zone: All waters in
the vicinity of Ft. Monroe, on the Chesapeake Bay, bound by a line
drawn from latitude 37[deg]07'06'' N., longitude 076[deg]13'12'' W.,
thence east to 37[deg]05'18'' N., longitude 076[deg]06'54'' W., thence
southeast to 37[deg]04'30'' N., longitude 076[deg]06'30'' W., thence
south to 36[deg]59'24''.4 N., longitude 076[deg]08'30'' W., thence west
to 37[deg]01'18'' N., longitude 076[deg]15'36'' W., thence to the point
or origin. (NAD 1983).
    (c) Regulations. (1) The general regulations governing safety zones
in Sec.  165.23 apply to the area described in paragraph (b) of this
section.
    (2) With the exception of participants, entry into or remaining in
this safety zone is prohibited unless authorized by the Captain of the
Port, Hampton Roads or his designated representatives.
    (3) All vessels within this safety zone when this section becomes
effective must depart the zone immediately.
    (4) The Captain of the Port, Hampton Roads or his representative
can be contacted at telephone number<PHONE_NUMBER>.
    (5) The Coast Guard and designated security vessels enforcing the
safety zone can be contacted on VHF-FM marine band radio channel 13
(165.65 Mhz) and channel 16 (156.8 Mhz).
    (6) This section applies to all persons or vessels except
participants and vessels that are engaged in the following operations:
enforcing laws; servicing aids to navigation, and emergency response
vessels.

    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
    (e) Enforcement period. This section will be enforced from 7 a.m.
on September 7, 2016, through 6 p.m. on October 7, 2016.

    Dated: July 28, 2016.
Richard J. Wester,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2016-20855 Filed 8-29-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Page 10578]
[FR Doc No: 2014-04132]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday,
February 27, 2014 at 2:00 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matter at the Closed Meeting.
    Commissioner Piwowar, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting will be:

Institution and settlement of injunctive actions;
institution and settlement of administrative proceedings;
adjudicatory matters; and other matters relating to enforcement
proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at<PHONE_NUMBER>.

     Dated: February 20, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-04132 Filed 2-21-14; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Notices]
[Pages 9250-9251]
[FR Doc No: 2017-02267]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79898; File No. 4-698]

Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment to the Plan Governing the Consolidated Audit Trail To Add
MIAX PEARL, LLC as a Participant

January 30, 2017.
    Pursuant to Section 11A(a)(3) of the Securities Exchange Act of
1934 (``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given
that on January 12, 2017, MIAX PEARL, LLC (``MIAX PEARL'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') an amendment to the Plan Governing the Consolidated
Audit Trail (``Plan'').\3\ The Commission approved the application of
MIAX PEARL to register as a national securities exchange on December
13, 2016.\4\ One of the conditions of the Commission's approval was the
requirement for MIAX PEARL to join the CAT NMS Plan.\5\ The amendment
adds MIAX PEARL as a Participant to the Plan.\6\ The Commission is
publishing this notice to solicit comments on the amendment from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78k-1(a)(3).
    \2\ 17 CFR 242.608.
    \3\ The Commission approved the CAT NMS Plan on November 15,
2016. See Securities Exchange Act Release No. 79318, 81 FR 84695
(Nov. 23, 2016).
    \4\ See Securities and Exchange Act Release No. 79543 (Dec. 13,
2016), 81 FR 92901 (Dec. 20, 2016) (File No. 10-227).
    \5\ See id. 81 FR at 92916.
    \6\ See Letter from Barbara J. Comly, Executive Vice President,
General Counsel, and Corporate Secretary, MIAX PEARL, to Brent J.
Fields, Secretary, Commission, dated January 11, 2017.
---------------------------------------------------------------------------

I. Description and Purpose of the Amendment

    The amendment to the CAT NMS Plan adds MIAX PEARL as a
Participant.\7\ The CAT NMS Plan

provides that any Person \8\ approved by the Commission as a national
securities exchange or national securities association under the
Exchange Act may become a Participant by submitting to the Company a
completed application in the form provided by the Company.\9\ As a
condition to admission as a Participant, said Person shall: (i) Execute
a counterpart of the CAT NMS Plan, at which time Exhibit A shall be
amended to reflect the status of said Person as a Participant
(including said Person's address for purposes of notices delivered
pursuant to the CAT NMS Plan); and (ii) pay a fee to the Company as set
forth in the Plan (the ``Participation Fee'').\10\ The amendment to the
Plan reflecting the admission of a new Participant shall be effective
only when: (x) It is approved by the Commission in accordance with Rule
608 or otherwise becomes effective pursuant to Rule 608; and (y) the
prospective Participant pays the Participation Fee.\11\
---------------------------------------------------------------------------

    \7\ See Section 1.1 of the CAT NMS Plan. The term
``Participant'' is defined in the CAT NMS Plan as any Person that
becomes a Participant as permitted by this agreement, in such
Person's capacity as a Participant in the Company (it being
understood that the Participants shall comprise the ``members'' of
the Company (as the term ``member'' is defined in Section 18-101(11)
of the Delaware Act)). As defined in the CAT NMS Plan, the name of
the ``Company'' is CAT NMS, LLC.
    \8\ See Section 1.1 of the CAT NMS Plan. The term ``Person'' is
defined as means any individual, partnership, limited liability
company, corporation, joint venture, trust, business trust,
cooperative or association and any heirs, executors, administrators,
legal representatives, successors and assigns of such Person where
the context so permits.
    \9\ See Section 3.3 of the CAT NMS Plan. MIAX PEARL was approved
as a national securities exchange on December 13, 2016. See
Securities and Exchange Act Release No. 79543, 81 FR 92901 (Dec. 20,
2016) (File No. 10-227).
    \10\ See Section 3.3 of the CAT NMS Plan.
    \11\ Id.
---------------------------------------------------------------------------

    MIAX PEARL has executed a copy of the current CAT NMS Plan, amended
to include MIAX PEARL in the List of Parties (including the address of
MIAX PEARL), paid the applicable Participation Fee and provided each
current Plan Participant with a copy of the executed and amended
Plan.\12\
---------------------------------------------------------------------------

    \12\ See supra note 6.
---------------------------------------------------------------------------

II. Effectiveness of the CAT NMS Plan Amendment

    The foregoing Plan amendment has become effective pursuant to Rule
608(b)(3)(iii) \13\ because it involves solely technical or ministerial
matters. At any time within sixty days of the filing of this amendment,
the Commission may summarily abrogate the amendment and require that it
be refiled pursuant to paragraph (a)(1) of Rule 608,\14\ if it appears
to the Commission that such action is necessary or appropriate in the
public interest, for the protection of investors or the maintenance of
fair and orderly markets, to remove impediments to, and perfect the
mechanisms of, a national market system or otherwise in furtherance of
the purposes of the Act.
---------------------------------------------------------------------------

    \13\ 17 CFR 242.608(b)(3)(iii).
    \14\ 17 CFR 242.608(a)(1).
---------------------------------------------------------------------------

III. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the amendment 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 4-698 on the subject line.

Paper Comments

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

All submissions should refer to File Number 4-698. 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
amendment 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 MIAX PEARL. 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 4-698 and should be submitted
on or before February 24, 2017.

    By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-02267 Filed 2-2-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Notices]
[Page 18213]
[FR Doc No: 2011-7675]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR11-96-000]

Corning Natural Gas Corporation; Notice of Filing

    Take notice that on March 23, 2011, Corning Natural Gas Corporation
submitted a revised baseline filing of their Statement of Operating
Conditions for services provided under section 311 of the Natural Gas
Policy Act of 1978 (NGPA).
    Any person desiring to participate in this rate 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 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line 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 Friday, April 1, 2011.

    Dated: March 24, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-7675 Filed 3-31-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 80 (Wednesday, April 25, 2012)]
[Notices]
[Pages 24746-24747]
[FR Doc No: 2012-9938]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.

Extension:
Rule 17a-11; SEC File. No. 270-94; OMB Control No. 3235-0085.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 17a-11 (17 CFR 240.17a-
11) under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.)
(``Exchange Act''). The Commission plans to submit this existing
collection of information to the

Office of Management and Budget for extension and approval.
    In response to an operational crisis in the securities industry
between 1967 and 1970, the Commission adopted Rule 17a-11 (17 CFR
240.17a-11) under the Exchange Act on July 11, 1971. The Rule requires
broker-dealers that are experiencing financial or operational
difficulties to provide notice to the Commission, the broker-dealer's
designated examining authority (``DEA''), and the Commodity Futures
Trading Commission (``CFTC'') if the broker-dealer is registered with
the CFTC as a futures commission merchant. Rule 17a-11 is an integral
part of the Commission's financial responsibility program which enables
the Commission, a broker-dealer's DEA, and the CFTC to increase
surveillance of a broker-dealer experiencing difficulties and to obtain
any additional information necessary to gauge the broker-dealer's
financial or operational condition.
    Rule 17a-11 also requires over-the-counter (``OTC'') derivatives
dealers and broker-dealers that are permitted to compute net capital
pursuant to Appendix E to Exchange Act Rule 15c3-1 to notify the
Commission when their tentative net capital drops below certain levels.
OTC derivatives dealers must also provide notice to the Commission of
backtesting exceptions identified pursuant to Appendix F of Rule 15c3-1
(17 CFR 15c3-1f).
    Compliance with the Rule is mandatory. The Commission will
generally not publish or make available to any person notices or
reports received pursuant to Rule 17a-11. The Commission believes that
information obtained under Rule 17a-11 relates to a condition report
prepared for the use of the Commission, other federal governmental
authorities, and securities industry self-regulatory organizations
responsible for the regulation or supervision of financial
institutions.
    Only broker-dealers whose capital declines below certain specified
levels or who are otherwise experiencing financial or operational
problems have a reporting burden under Rule 17a-11. In 2011, the
Commission received approximately 465 notices under this Rule,
including one notice from an OTC derivatives dealer permitted to
compute net capital pursuant to Appendix E to Exchange Act Rule 15c3-1.
    Each broker-dealer reporting pursuant to Rule 17a-11 will spend
approximately one hour preparing and transmitting the notice required
by the rule. Accordingly, the total estimated annualized burden under
Rule 17a-11 is 465 hours.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimate of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information on
respondents; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    The Commission may not conduct or sponsor a collection of
information unless it displays a current valid control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display a
valid Office of Management and Budget (OMB) control number.
    Please direct your written comments to: Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312 or send an
email to<EMAIL_ADDRESS>
    Dated: April 19, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-9938 Filed 4-24-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Proposed Rules]
[Pages 62663-62667]
[FR Doc No: 2011-26107]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0277; Directorate Identifier 2009-NM-217-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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

SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for all Model 767 airplanes. That NPRM proposed repetitive
inspections to detect fatigue cracking in the wing skin, and corrective
actions if necessary. That NPRM was prompted by reports of cracking in
the upper wing skin at the fastener holes common to the inboard and
outboard pitch load fittings of the front spar which could result in
the loss of the strut-to-wing upper link load path and possible
separation of a strut and engine from the airplane during flight. This
action revises that NPRM by reducing compliance times. We are proposing
this supplemental NPRM to correct the unsafe condition on these
products. Since these actions impose an additional burden over that
proposed in the NPRM, we are reopening the comment period to allow the
public the chance to comment on these proposed changes.

DATES: We must receive comments on this supplemental NPRM by November
25, 2011.

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 http://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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P. O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet
https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; phone:
425-917-6577; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0277;
Directorate Identifier 2009-NM-217-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to include an AD that
would apply to Model 767-200, -300, -300F, and -400ER series airplanes.
That NPRM was published in the Federal Register on March 29, 2010 (75
FR 15357). That NPRM proposed to require repetitive inspections to
detect fatigue cracking in the upper wing skin at the fastener holes
common to the inboard and outboard pitch load fittings of the front
spar, and corrective actions if necessary.

Actions Since Previous NPRM (75 FR 15357, March 29, 2010) Was Issued

    Since we issued the previous NPRM (75 FR 15357, March 29, 2010),
one

operator reported finding a fastener hole with significant crack sizes
of 0.53 and 0.31 inch on either side of the hole on an airplane having
accumulated 18,900 total flight cycles and 89,500 total flight hours at
the time of the inspection. These cracks were found sooner than
expected; therefore, certain initial inspection compliance times (grace
periods) have been reduced.

Relevant Service Information

    Boeing has issued Alert Service Bulletin 767-57A0117, Revision 1,
dated March 2, 2011, to reduce certain initial inspection compliance
times (grace periods) from 4,000 flight cycles or 12,000 flight hours,
to 2,000 flight cycles or 6,000 flight hours (whichever occurs first),
respectively. The procedures in Revision 1 of this service bulletin are
essentially the same as those in Boeing Alert Service Bulletin 767-
57A0117, Original Issue, dated October 1, 2009, which was referenced in
the NPRM (75 FR 15357, March 29, 2010) as the appropriate source of
service information for accomplishing the proposed requirements.
    We have revised this supplemental NPRM to refer to Boeing Alert
Service Bulletin 767-57A0117, Revision 1, dated March 2, 2011, given
credit for Boeing Alert Service Bulletin 767-57A0117, Original Issue,
dated October 1, 2009, and re-identified subsequent paragraphs.

Comments

    We gave the public the opportunity to comment on the previous NPRM
(75 FR 15357, March 29, 2010). The following presents the comments
received on the NPRM and the FAA's response to each comment.

Request for Clarification of Inspection Locations

    Continental Airlines requested that we clarify the locations on
which the inspections are done because the Accomplishment Instructions
of Boeing Alert Service Bulletin 767-57A0117, Original Issue, dated
October 1, 2009, specify doing detailed and ultrasonic inspections of
the upper wing skin surface, but also mention certain instructions that
specify doing the inspections on the lower surface of the upper wing
skin.
    We agree that clarification is needed. The upper surface of the
upper wing skin is the location for the inspection. Boeing Alert
Service Bulletin 767-57A0117, Revision 1, dated March 2, 2011
(described previously), specifies that the inspections be done on the
``upper wing skin surface.'' To clarify the location of the
inspections, we have changed the wording of that phrase in the Summary
and paragraphs (e) and (g) of this supplemental NPRM to ``upper surface
of the upper wing skin.''

Request for Clarification of Certain Repair Conditions

    All Nippon Airways (ANA) requested that we add the reference
``Condition 2D'' to paragraph (i) of the NPRM (75 FR 15357, March 29,
2010), which is reidentified as paragraph (h) of this supplemental
NPRM, to clarify that only Condition 2D of Table 1, paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 767-57A0117, Original
Issue, dated October 1, 2009, requires contacting Boeing for
appropriate action. ANA added that ``Condition 2D'' specifies to
``contact Boeing for additional instructions and do the repair,'' but
paragraph (i) of the NPRM refers to contacting Boeing for appropriate
action. The commenter requested clarification.
    We agree to provide clarification. We disagree with adding a
reference to Condition 2D in paragraph (h) of this supplemental NPRM.
Condition 2D of the Accomplishment Instructions of Boeing Alert Service
Bulletin 767-57A0117, Revision 1, dated March 2, 2011 (this revised
service bulletin is referenced in this supplemental NPRM as the
appropriate source of service information), is the only condition that
requires contacting Boeing for additional instructions and doing the
repair. However, we have revised the language in paragraph (h) of this
supplemental NPRM to match the language in Boeing Alert Service
Bulletin 767-57A0117, Revision 1, dated March 2, 2011.

Request for Clarification of Repair Limits of Figures 5 and 6 of Boeing
Alert Service Bulletin 767-57A0117, Original Issue, Dated October 1,
2009

    Boeing and ANA requested we clarify that any cracks found can be
repaired using Figures 5 and 6 of Boeing Alert Service Bulletin 767-
57A0117, Original Issue, dated October 1, 2009, provided such cracks
are within the repair limits described in those figures. Boeing stated
that while Figures 5 and 6 provide repairs for cracks removed up to a
final hole diameter of 0.540 inch from the starting hole size of 0.375
inch, the NPRM (75 FR 15357, March 29, 2010) would require that all
repairs be submitted for FAA approval. Boeing requested that we change
paragraph (i) of the NPRM (paragraph (h) of this supplemental NPRM) to
further limit the repair conditions that require FAA approval to
include cracks that exceed the repair limits contained in Figures 5 and
6 of Boeing Alert Service Bulletin 767-57A-0117, Original Issue, dated
October 1, 2009.
    We disagree. Paragraph (h) of this supplemental NPRM does not
require all cracks to be repaired in accordance with paragraph (j) of
this supplemental NPRM. Only those cracks beyond the documented limits
in Boeing Alert Service Bulletin 767-57A0117, Revision 1, dated March
2, 2011, for which that service bulletin states to ``contact Boeing''
are required to be repaired in accordance with paragraph (j) of this
supplemental NPRM. Paragraph (h) of this supplemental NPRM refers to
conditions specified in that service bulletin, which include the
limitation noted by the commenter. No change has been made to this
supplemental NPRM in this regard.

Request for Definition of Condition 2D of Boeing Alert Service Bulletin
767-57A0117, Original Issue, Dated October 1, 2009

    Continental Airlines requested changing the definition of Condition
2D of Boeing Alert Service Bulletin 767-57A0117, Original Issue, dated
October 1, 2009. Continental Airlines stated that the definition is,
``Any crack found in one or more of the affected fastener hole
locations that can not be removed with a final hole diameter of less
than or equal to 0.540 inches.'' Continental Airlines noted that the
condition of ``less than or equal to 0.540 inches'' is already covered
under Condition 2C and suggested changing the wording to ``Any crack
found in one or more of the affected fastener hole locations that can
not be removed with a final hole diameter of 0.540 inches.''
    We disagree with changing the definition of Condition 2D. Condition
2C specifies cracks that can be removed with a repaired hole diameter
greater than 0.453 inch and less than or equal to 0.540 inch. Condition
2D specifies cracks that cannot be removed with a repaired hole
diameter of less than or equal to 0.540 inch. No change has been made
to this supplemental NPRM in this regard.

Request To Retain the Compliance Time Specified in Boeing Alert Service
Bulletin 767-57A0117, Original Issue, Dated October 1, 2009

    ANA requested that the compliance time specified in Boeing Alert
Service Bulletin 767-57A0117, Original Issue, dated October 1, 2009, be
retained as proposed in the NPRM (75 FR 15357, March 29, 2010) instead
of reduced as specified in Boeing Alert Service Bulletin 767-57A0117,
Revision 1, dated March 2, 2011. ANA stated that

they changed their ``C'' check maintenance schedule, which aligns
better with the compliance times specified in Boeing Alert Service
Bulletin 767-57A0117, Original Issue, Dated October 1, 2009.
    We do not agree with the commenter's request to extend the
compliance times. The intent of this supplemental NPRM, as stated in
the preamble section, ``Actions Since Previous NPRM Was Issued,'' is to
reduce the initial proposed compliance times based on failures found on
airplanes below the proposed compliance times. In developing an
appropriate compliance time for this action, we considered the safety
implications, parts availability, and normal maintenance schedules for
the timely accomplishment of the inspection. In consideration of these
items, as well as the reports of cracking, we have determined that the
revised compliance times specified in Boeing Alert Service Bulletin
767-57A0117, Revision 1, dated March 2, 2011, will ensure an acceptable
level of safety.
    Since maintenance schedules vary widely among operators, we tried
to accommodate most affected operators by allowing the inspections to
be done during scheduled maintenance intervals. However, under the
provisions of paragraph (j) of this supplemental NPRM, we will consider
requests for approval of an extension of the compliance time if
sufficient data are submitted to substantiate that the extension would
provide an acceptable level of safety.

Request To Change Wording in Figure 5 of Boeing Alert Service Bulletin
767-57A0117, Original Issue, Dated October 1, 2009

    Continental Airlines stated that the ``More Data'' column of Step
2, Figure 5, of Boeing Alert Service Bulletin 767-57A0117, Original
Issue, dated October 1, 2009, references ``Table 1 or Table 2 below.''
Continental noted that there are no tables ``below'' on that particular
page, but are on the following page.
    We infer that the commenter is requesting that we revise this
supplemental NPRM to clarify the location of the tables. We disagree.
Although those tables are not physically ``below'' on the same page,
those tables can be easily located and can still be considered
``below'' as they follow the discussion items. No change has been made
to this supplemental NPRM in this regard.

Request for Clarification of Step 4, Figure 5, of Boeing Alert Service
Bulletin 767-57A0117, Original Issue, Dated October 1, 2009

    Continental Airlines requested clarification of the wording in the
``More Data'' column of Step 4, Figure 5, of Boeing Alert Service
Bulletin 767-57A0117, Original Issue, dated October 1, 2009. The
commenter stated that the reference to ``SRM 51-40-09,'' in the ``More
Data'' section of this service bulletin is for aluminum structure.
Continental believed the intent is to cold work the skin hole only for
airplanes with titanium pitch load fittings. Continental requested that
we clarify this definition.
    We agree that the cold working was meant for the wing skin holes
for airplanes having titanium pitch load fittings. However, we have
determined that the titanium fitting maintains an adequate level of
safety if the cold working process is carried out through the entire
stack-up. The other option would be to cold work only the aluminum
skin, but that would be cost prohibitive and impractical to remove the
titanium fitting, cold work the aluminum skin, and re-install the
titanium fitting on the airplane. No change has been made to the
supplemental NPRM in this regard.

Request To Change Location of Appendix A Reference of Boeing Alert
Service Bulletin 767-57A0117, Original Issue, Dated October 1, 2009

    Continental Airlines stated that it may be beneficial to reference
Appendix A in Figure 6 of Boeing Alert Service Bulletin 767-57A0117,
Original Issue, dated October 1, 2009.
    We partially agree. Although it could be beneficial to reference
Appendix A in Figure 6, Appendix A already is referenced in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 767-57A0117,
Revision 1, dated March 2, 2011 (this revised service bulletin is
referenced in this supplemental NPRM). No change has been made to the
supplemental NPRM in this regard.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all
the relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of these
same type designs. Certain changes described above expand the scope of
the original NPRM (75 FR 15357, March 29, 2010). As a result, we have
determined that it is necessary to reopen the comment period to provide
additional opportunity for the public to comment on this supplemental
NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require accomplishing the actions
specified in the service information described previously, except as
discussed under ``Differences Between the Supplemental NPRM and the
Service Information.''

Differences Between the Supplemental NPRM and the Service Information

    Boeing Alert Service Bulletin 767-57A0117, Revision 1, dated March
2, 2011, specifies to contact the manufacturer for instructions on how
to repair certain conditions, but this proposed AD would require
repairing those conditions in one of the following ways:
     Using a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization that we have
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 417 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.........................  10 work-hours x $85 per             $28,836         $29,686     $12,379,062
                                      hour = $850 per inspection
                                      cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that
would be required based on the results of the proposed inspection. We
have no way of determining the number of aircraft that might need these
repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                             Labor cost                Parts cost       Cost per product
----------------------------------------------------------------------------------------------------------------
Hole repair.......................  1 work-hour per hole x maximum 48              $0  Up to $4,080.
                                     holes per airplane x $85 per hour =
                                     up to $4,080 per airplane.
Fastener replacement..............  1 work-hour per hole x maximum 48               0  Up to $4,080.
                                     holes per airplane x $85 per hour =
                                     up to $4,080 per airplane.
Freeze plug repair................  1 work-hour per hole x maximum 48               0  Up to $4,080.
                                     holes per airplane x $85 per hour =
                                     up to $4,080 per airplane.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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

    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]

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

The Boeing Company: Docket No. FAA-2010-0277; Directorate Identifier
2009-NM-217-AD.

(a) Comments Due Date

    We must receive comments by November 25, 2011.

(b) Affected ADs

    None

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes; certificated in any category; as
identified in Boeing Alert Service Bulletin 767-57A0117, Revision 1,
dated March 2, 2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of cracking in the upper wing
skin at the fastener holes common to the inboard and outboard front
spar pitch load fittings. We are issuing this AD to detect and
correct fatigue cracking in the upper surface of the upper wing skin
at the fastener holes common to the inboard and outboard pitch load
fittings of the front spar, which could result in the loss of the
strut-to-wing upper link load path and possible separation of a
strut and engine from the airplane during flight.

(f) Compliance

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

(g) Initial and Repetitive Inspection

    Except as provided by paragraph (i) of this AD, at the
applicable time specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 767-57A0117, Revision 1, dated March
2, 2011: Do detailed and ultrasonic inspections, or do an open-hole
high-frequency eddy current inspection, to detect cracking in the
upper surface of the upper wing skin at the fastener holes common to
the inboard and outboard pitch load fittings of the front spar; and
do all applicable corrective actions; in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
57A0117, Revision 1, dated March 2, 2011, except as required by
paragraph (h) of this AD. Do all applicable corrective actions
before further flight. Repeat the applicable inspections thereafter
at intervals not to exceed the applicable time specified in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
767-57A0117, Revision 1, dated March 2, 2011.

(h) Exceptions to the Service Bulletin

    (1) If any cracking is found during any inspection required by
this AD, and Boeing Alert Service Bulletin 767-57A0117, Revision 1,
dated March 2, 2011, specifies to contact Boeing for additional
instructions: Before further flight, repair the cracking using a
method approved in accordance with the procedures specified in
paragraph (j) of this AD.
    (2) Where Boeing Alert Service Bulletin 767-57A0117, Revision 1,
dated March 2, 2011, specifies a compliance time after the date on
Boeing Alert Service Bulletin 767-57A0117, Original Issue, dated
October 1, 2009, this AD requires compliance within the specified
compliance time after the effective date of this AD.

(i) Credit for Actions Accomplished in Accordance With Previous Service
Information

    Actions done before the effective date of this AD in accordance
with Boeing Alert Service Bulletin 767-57A0117, dated October 1,
2009, are acceptable for compliance with the corresponding
requirements of paragraph (g) of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 local
Flight Standards District Office, as

appropriate. If sending information directly to the manager of the
ACO, send it to the attention of the person identified in the
Related Information section of this AD. Information may be e-mailed
to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    (1) For more information about this AD, contact Berhane Alazar,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-
mail<EMAIL_ADDRESS>Or, e-mail information to<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 28, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-26107 Filed 10-7-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Notices]
[Page 10765]
[FR Doc No: 2018-04922]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Approval of New Information Collection: Generic Clearance
for Customer Interactions

AGENCY: Federal Aviation Administration (FAA), DOT

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval of a new information collection.
The Federal Register Notice with a 60-day comment period soliciting
comments on the following collection of information was published on
December 28, 2017.

DATES: Written comments should be submitted by April 11, 2018.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
[email protected], or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington,
DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Barbara Hall at<PHONE_NUMBER>, or by
email at: [email protected].

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120--New.
    Title: Helicopter Generic Clearance for Customer Interactions.
    Form Numbers: No Forms.
    Type of Review: New collection.
    Background: Customer Interactions provide the Federal Aviation
Administration valuable information and connect the agency to the
public that we serve. In order to ensure a timely and consistent
process for Paperwork Reduction Act compliance, the Federal Aviation
Administration is proposing to develop a Generic Information Collection
Request to be utilized for Customer Interactions that support the
Agency's mission.
    Customer Interactions can support the Federal Aviation
Administration's mission by allowing the Agency to collect qualitative
and quantitative data that can help inform scientific research;
aviation assessments and monitoring efforts; validate models or tools;
and enhance the quantity and quality of data collected across
communities. Customer Interactions also create an avenue to incorporate
local knowledge and needs, and can contribute to increased data
sharing, open data, and government transparency. The Federal Aviation
Administration may sponsor the collection of this type of information
in connection with aviation projects. All such collections will follow
Agency policies and regulations. If a new collection is not within the
parameters of this generic Information Collection Request (ICR), the
Agency will submit a separate information collection request to Office
of Management and Budget (OMB) for approval.
    Collections under this generic ICR will be from volunteers who
participate on their own initiative through an open and transparent
process; the collections will be low-burden for participants;
collections will be low-cost for both the participants and the Federal
Government; and data will be available to support the endeavors of the
Agency, states, tribal or local entities where data collection occurs.
    Respondents: Approximately 11,000 Individuals and Households,
Businesses and Organizations, State, Local or Tribal Government.
    Frequency: Once per request.
    Estimated Average Burden per Response: 10 minutes.
    Estimated Total Annual Burden: 1,833 hours.

    Issued in Fort Worth, TX, on March 2, 2018.
Barbara Hall,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, ASP-110.
[FR Doc. 2018-04922 Filed 3-9-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 25 (Wednesday, February 8, 2017)]
[Notices]
[Pages 9804-9807]
[FR Doc No: 2017-02545]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79942; File No. SR-BatsEDGX-2017-11]

Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change Related
to Functionality Offered by the Exchange's Options Platform To Adopt
Qualified Contingent Cross Orders

February 2, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 1, 2017, Bats EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange has designated this proposal as a ``non-controversial''
proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(6)(iii) thereunder,\4\ which renders it effective upon
filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

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

    The Exchange filed a proposal related to functionality offered by
the Exchange's options platform (``EDGX Options'') to adopt Qualified
Contingent Cross Orders, as described below.

    The text of the proposed rule change is available at the Exchange's
Web site at www.bats.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is filing this proposal related to functionality
offered by EDGX Options to adopt Qualified Contingent Cross Orders
(``QCC Orders''), as described below.
Background
    The purpose of this filing is to adopt rules related to QCC Orders.
The proposed rule change is based on the rules of other options
exchanges, including an International Securities Exchange (``ISE'')
proposal that was previously approved by the Securities and Exchange
Commission (``Commission'').\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 63955 (February 24,
2011), 76 FR 11533 (March 2, 2011) (SR-ISE-2010-73) (``ISE
Approval'').
---------------------------------------------------------------------------

    The Exchange is currently a party to the Options Order Protection
and Locked/Crossed Market Plan (``Linkage Plan''), and has implemented
Exchange rules in conjunction with that plan, which are set forth in
Chapter XXVII of the Exchange's Rules (the ``Linkage Rules''). Similar
to Regulation NMS under the Act, the Linkage Plan requires, among other
things, that the Exchange establish, maintain and enforce written
policies and procedures that are reasonably designed to prevent
``Trade-Throughs.'' \6\ A Trade-Through is a transaction in an options
series at a price that is inferior to the best price available in the
market.\7\ The Linkage Plan replaced the Plan for the Purpose of
Creating and Operating an Intermarket Option Linkage (``Old Linkage
Plan''). The Old Linkage Plan provided a limited Trade-Through
exemption for ``Block Trades,'' defined to be trades of 500 or more
contracts with a premium value of at least $150,000.\8\ However, as
with Regulation NMS, the Linkage Plan does not provide a Block Trade
exemption. Since its original adoption by the ISE in 2011, QCC has been
offered by multiple options exchanges as a limited substitute for the
Block Trade exemption.\9\
---------------------------------------------------------------------------

    \6\ See Section 5(a) of the Linkage Plan.
    \7\ See Section 2(21) of the Linkage Plan.
    \8\ See Old Linkage Plan Sections 2(3) and 8(c)(i)(C).
    \9\ See ISE Rule 715(j), Supplementary Material .01 to ISE Rule
715 and ISE Rule 721(b); see also CBOE Rule 6.53(u); NASDAQ PHLX
Rule 1080(o); NYSE Arca Rule 6.62(bb), Commentary .02 to NYSE Arca
Rule 6.62 and NYSE Arca Rule 6.90.
---------------------------------------------------------------------------

Proposal Regarding Qualified Contingent Cross Orders
    The purpose of the proposed change is to provide the Exchange Users
\10\ with the ability to submit to the Exchange Qualified Contingent
Cross Orders, an order type offered by multiple other options
exchanges.\11\ The proposed operation of Qualified Contingent Cross
Orders on the Exchange is substantially similar in all material
respects to the operation of such orders on such other exchanges.
---------------------------------------------------------------------------

    \10\ The term ``User'' means any Options Member or Sponsored
Participant who is authorized to obtain access to the System
pursuant to Rule 11.3 (Access). See Exchange Rule 16.1(a)(63).
    \11\ See supra, note 9.
---------------------------------------------------------------------------

    The Exchange proposes to adopt new paragraph (d)(11) to Rule 21.1
to govern the operation of Qualified Contingent Cross Orders. As
proposed, a Qualified Contingent Cross Order would be an originating
order to buy or sell at least 1,000 standard option contracts that is
identified as being part of a qualified contingent trade (as that term
is proposed to be defined in paragraph (d)(11)(A) to Rule 21.1),
coupled with a contra-side order or orders totaling an equal number of
contracts. As proposed, a ``qualified contingent trade'' is a
transaction consisting of two or more component orders, executed as
agent or principal, where: (i) At least one component is an NMS stock,
as defined in Rule 600 of Regulation NMS under the Act; (ii) all
components are effected with a product or price contingency that either
has been agreed to by all the respective counterparties or arranged for
by a broker-dealer as principal or agent; (iii) the execution of one
component is contingent upon the execution of all other components at
or near the same time; (iv) the specific relationship between the
component orders (e.g., the spread between the prices of the component
orders) is determined by the time the contingent order is placed; (v)
the component orders bear a derivative relationship to one another,
represent different classes of shares of the same issuer, or involve
the securities of participants in mergers or with intentions to merge
that have been announced or cancelled; and (vi) the transaction is
fully hedged (without regard to any prior existing position) as a
result of other components of the contingent trade.
    As proposed, Qualified Contingent Cross Orders would be allowed to
execute automatically on entry without exposure provided the execution:
(i) Is not at the same price as a Priority Customer Order \12\ resting
in the EDGX Options Book; \13\ and (ii) is at or between the national
best bid or offer (``NBBO''). As such, the Exchange also proposes to
specify in proposed Rule 21.1(d)(11)(B) that Rule 22.12, related to
exposure of orders on EDGX Options, does not apply to Qualified
Contingent Cross Orders. The proposed Rule would also specify that
Qualified Contingent Cross Orders will be cancelled if they cannot be
executed. Also, pursuant to the proposed rule, Qualified Contingent
Cross Orders may only be entered in the standard increments applicable
to the options class under Rule 21.5.
---------------------------------------------------------------------------

    \12\ See Exchange Rule 16.1(a)(45) (defining ``Priority
Customer'' and ``Priority Customer Order'').
    \13\ See Exchange Rule 16.1(a)(9) (defining ``EDGX Options
Book'').
---------------------------------------------------------------------------

    The Exchange will track and monitor QCC Orders to determine which
is the originating side of the order and which is the contra-side(s) of
the order to ensure that Members are complying with the minimum 1,000
contract size limitation on the originating side of the QCC Order. The
Exchange will check to see if Members are aggregating multiple orders
to meet the 1,000 contract minimum on the originating side of the trade
in violation of the requirements of the rule. The rule requires that
the originating side of the trade consist of one party who is
submitting a QCC Order for at least 1,000 contracts. The Exchange
represents that it will enforce compliance with this portion of the
rule by checking to see if a Member breaks up the originating side of
the order in a post trade allocation to different clearing firms,
allocating less than 1,000 contracts to a party or multiple parties.
For example, a Member enters a QCC Order into the system for 1,500
contracts and receives an execution. Subsequent to the execution, the
Member allocates the originating side of the order to two different
clearing firms

on a post trade allocation basis, thereby allocating 500 contracts to
one clearing firm and 1,000 contracts to another clearing firm. This
type of transaction would not meet the requirements of a QCC Order
under the current and proposed rule.
    With regard to order entry, a Member will have to mark the
originating side as the first order in the system and the contra-
side(s) as the second. The Exchange will monitor order entries to
ensure that Members are properly entering QCC Orders into the system.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\14\ In particular,
the proposal is consistent with Section 6(b)(5) of the Act \15\ because
it is designed to offer market participants greater flexibility by
allowing such market participant to submit QCC Orders to the EDGX
Options Book in the same way they are permitted to send QCC Orders to
other options exchanges, thereby promoting just and equitable
principles of trade, fostering cooperation and coordination with
persons engaged in facilitating transactions in securities, removing
impediments to, and perfecting the mechanism of, a free and open market
and a national market system.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed rules are consistent with the protection of investors
in that they are designed to prevent Trade-Throughs. In addition, the
proposed rule change would promote a free and open market by permitting
the Exchange to compete with other options exchanges for these types of
orders. In this regard, competition would result in benefits to the
investing public, whereas a lack of competition would serve to limit
the choices that participants have for execution of their options
business. As noted above, the proposed operation of Qualified
Contingent Cross Orders on the Exchange is substantially similar in all
material respects to the operation of such orders on such other
exchanges.\16\ As such, permitting the Exchange to operate on an even
playing field relative to other exchanges removes impediments to and to
perfects the mechanism for a free and open market and a national market
system.
---------------------------------------------------------------------------

    \16\ See supra, note 9.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change to
adopt QCC Orders will impose any burden on competition that is not
necessary or appropriate in furtherance of the purposes of the Act. The
Exchange's proposed functionality is open to all market participants.
Further, the proposed rule will allow the Exchange to compete with
other options exchanges that currently offer QCC Orders, thus
alleviating the burden on competition that would arise if such
exchanges were permitted to continue offering such functionality and
the Exchange was not. For these reasons, the Exchange does not believe
that the proposed rule changes will impose any burden on competition
not necessary or appropriate in furtherance of the purposes of the Act,
and believes the proposed change will enhance competition.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change. The Exchange has not received any written
comments from members or other interested parties.

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

    Because the foregoing proposed rule change does not: (A)
Significantly affect the protection of investors or the public
interest; (B) impose any significant burden on competition; and (C) by
its terms, become operative for 30 days from the date on which it was
filed or such shorter time as the Commission may designate it has
become effective pursuant to Section 19(b)(3)(A) of the Act \17\ and
paragraph (f)(6) of Rule 19b-4 thereunder,\18\ the Exchange has
designated this rule filing as non-controversial. The Exchange has
given the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    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: (1)
Necessary or appropriate in the public interest; (2) for the protection
of investors; or (3) 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-BatsEDGX-2017-11 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsEDGX-2017-11. 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-BatsEDGX-2017-11, and should be submitted on or before March
1, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-02545 Filed 2-7-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: May 25, 2011 (Volume 76, Number 101)]
[Notices]
[Page 30339]
[DOCID:fr25my11-61]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP11-128-000]

National Fuel Gas Supply Corporation; Notice of Public Scoping
Meeting for the Proposed Northern Access Project

    On June 6, 2011, the Office of Energy Projects staff will hold a
public scoping meeting to obtain input related to the environmental
analysis of National Fuel Gas Supply Corporation's (National Fuel)
Northern Access Project. We scheduled this meeting to provide
landowners an opportunity to voice comments on the proposed project,
and in response to the requests received during the April 11, 2011
environmental site review of the proposed East Aurora Compressor
Station site and subsequent requests filed with the Commission. The
environmental site review was noticed in our March 29, 2011, Notice of
Intent to Prepare an Environmental Assessment for the Proposed Northern
Access Project and Station 230C Project, Request for Comments on
Environmental Issues, and Notice of Public Environmental Site Review
(NOI).
    The public scoping meeting is scheduled as follows:

Northern Access Project Scoping Meeting

    June 6, 2011, at 7 p.m., Parkdale Elementary School, 141 Girard
Avenue, East Aurora, NY 14052.
    This notice is being sent to the Commission's current environmental
mailing list for this project. The NOI and additional information about
the project is available from the Commission's Office of External
Affairs, at (866) 208-FERC, or on the FERC Web site at http://
www.ferc.gov using the ``eLibrary'' link. Click on the eLibrary link,
click on ``General Search'' and enter the docket number, excluding the
last three digits in the Docket Number field (i.e., CP11-128). Be sure
you have selected an appropriate date range. For assistance, please
contact FERC Online Support at<EMAIL_ADDRESS>or toll free
at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.

    Dated: May 19, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-12892 Filed 5-24-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 7 (Friday, January 10, 2020)]
[Proposed Rules]
[Page 1297]
[FR Doc No: 2019-28391]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R10-UST-2019-0363; FRL-10003-27-Region 10]

Idaho: Final Approval of State Underground Storage Tank Program
Revisions, Codification, and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA
or Act), the Environmental Protection Agency (EPA) is proposing to
approve revisions to the State of Idaho's Underground Storage Tank
(UST) program submitted by the State. This action is based on EPA's
determination that the State's revisions satisfy all requirements for
UST program approval. This action also proposes to codify Idaho's State
program as revised by Idaho and approved by the EPA and to incorporate
by reference the State regulations that we have determined meet the
requirements for approval. The State's federally-authorized and
codified UST program, as revised pursuant to this action, will remain
subject to the EPA's inspection and enforcement authorities under
sections 9005 and 9006 of RCRA Subtitle I and other applicable
statutory and regulatory provisions.

DATES: Send written comments by February 10, 2020.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the online instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail: Scott Wilder, Enforcement and Compliance Assurance
Division (ECAD 20-C04) EPA Region 10, 1200 Sixth Avenue, Suite 155,
Seattle, Washington 98101.
    4. Hand Delivery or Courier: Deliver your comments to Scott Wilder,
Enforcement and Compliance Assurance Division (ECAD 20-C04), EPA Region
10, 1200 Sixth Avenue, Suite 155, Seattle, Washington 98101.
    Instructions: Direct your comments to Docket ID No. EPA-R10-UST-
2019-0363. The EPA's policy is that all comments received will be
included in the public docket without change and may be available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through https://www.regulations.gov, or email. The federal https://www.regulations.gov
website is an ``anonymous access'' system, which means the EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an email comment directly to the EPA
without going through https://www.regulations.gov, then your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
internet. If you submit an electronic comment, then the EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If the EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, then the EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    You can view and copy the documents that form the basis for this
action and associated publicly available materials from 8:30 a.m. to
4:00 p.m. Monday through Friday at the following location: EPA Region
10, 1200 Sixth Avenue, Seattle, Washington 98101, phone number (206)
553-6693. Interested persons wanting to examine these documents should
make an appointment with the office at least 2 days in advance.

FOR FURTHER INFORMATION CONTACT: Scott Wilder,<PHONE_NUMBER>, Region
10, Enforcement and Compliance Assurance Agreement, EPA Region 10, 1200
Sixth Avenue, Seattle, Washington, 98101, email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For additional information, see the direct
final rule published in the ``Rules and Regulations'' section of this
Federal Register.
    Authority:This rule is issued under the authority of Sections
2002(a), 9004, and 7004(b) of the Solid Waste Disposal Act, as amended,
42 U.S.C. 6912, 6991c, 6991d, and 6991e.

    Dated: November 27, 2019.
Chris Hladick,
Regional Administrator, EPA Region 10.
[FR Doc. 2019-28391 Filed 1-9-20; 8:45 am]
 BILLING CODE 6560-50-P