[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Notices]
[Page 1064]
[FR Doc No: 2012-116]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP12-261-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Environmental Filing 2011 to be effective 2/1/2012.
    Filed Date: 12/28/11.
    Accession Number: 20111228-5036.
    Comments Due: 5 p.m. ET 1/9/12.

    Docket Numbers: RP12-262-000.
    Applicants: Midwestern Gas Transmission Company.
    Description: RPAL Modification to be effective 1/27/2012.
    Filed Date: 12/28/11.
    Accession Number: 20111228-5088.
    Comments Due: 5 p.m. ET 1/9/12.

    Docket Numbers: RP12-263-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: CIMA Negotiated Rate Filing to be effective 1/1/2012.
    Filed Date: 12/29/11.
    Accession Number: 20111229-5167.
    Comments Due: 5 p.m. ET 1/10/12.

    Docket Numbers: RP12-264-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Concord Negotiated Rate Filing to be effective 1/1/
2012.
    Filed Date: 12/29/11.
    Accession Number: 20111229-5168.
    Comments Due: 5 p.m. ET 1/10/12.

    Docket Numbers: RP12-265-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Environmental Filing 2011 Errata to be effective 2/1/
2012.
    Filed Date: 12/29/11.
    Accession Number: 20111229-5169.
    Comments Due: 5 p.m. ET 1/10/12.

    Docket Numbers: RP12-266-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Negotiated Rate Filing--MIECO to be effective 1/1/
2012.
    Filed Date: 12/29/11.
    Accession Number: 20111229-5170.
    Comments Due: 5 p.m. ET 1/10/12.

    Docket Numbers: RP12-268-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Annual Accounting Report 12/30/11 to be effective N/A.
    Filed Date: 12/30/11.
    Accession Number: 20111230-5028.
    Comments Due: 5 p.m. ET 1/11/12.

    Docket Numbers: RP12-269-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Con Ed 2012-01-01 Release to be effective 1/1/2012.
    Filed Date: 12/30/11.
    Accession Number: 20111230-5030.
    Comments Due: 5 p.m. ET 1/11/12.

    Docket Numbers: RP12-270-000.
    Applicants: Sea Robin Pipeline Company, LLC.
    Description: Annual Flowthrough Crediting Mechanism 12/30/11 to be
effective N/A.
    Filed Date: 12/30/11.
    Accession Number: 20111230-5045.
    Comments Due: 5 p.m. ET 1/11/12.

    Docket Numbers: RP12-271-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: EPC FEB 2012 FILING to be effective 2/1/2012.
    Filed Date: 12/30/11.
    Accession Number: 20111230-5049.
    Comments Due: 5 p.m. ET 1/11/12.

    Docket Numbers: RP12-272-000.
    Applicants: Northern Natural Gas Company.
    Description: 20111230 Negotiated Rate to be effective 1/1/2012.
    Filed Date: 12/30/11.
    Accession Number: 20111230-5052.
    Comments Due: 5 p.m. ET 1/11/12.

    Docket Numbers: RP12-273-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 12/30/11 Negotiated Rates--Citigroup Energy--Amendment
3 to be effective 1/1/2012.
    Filed Date: 12/30/11.
    Accession Number: 20111230-5103.
    Comments Due: 5 p.m. ET 1/11/12.

    Docket Numbers: RP12-274-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Report of Iroquois Gas Transmission System, L.P. under
RP12-274, Measurement Variance/Fuel Use Factors utilized by Iroquois
during the period July 1, 2011 through December 31, 2011.
    Filed Date: 12/30/11.
    Accession Number: 20111230-5106.
    Comments Due: 5 p.m. ET 1/11/12.

    Docket Numbers: RP12-275-000.
    Applicants: Dominion Cove Point LNG, LP.
    Description: DCP--Liquefaction Modifications to be effective 1/1/
2012.
    Filed Date: 12/30/11.
    Accession Number: 20111230-5165.
    Comments Due: 5 p.m. ET 1/11/12.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP12-223-001.
    Applicants: Guardian Pipeline, LLC.
    Description: Sequent Amendment to be effective 5/1/2011.
    Filed Date: 12/29/11.
    Accession Number: 20111229-5118.
    Comments Due: 5 p.m. ET 1/10/12.

    Docket Numbers: RP11-2168-002.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Expansion Fuel Filing to be effective 1/1/2012.
    Filed Date: 12/30/11.
    Accession Number: 20111230-5004.
    Comments Due: 5 p.m. ET 1/11/12.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5 p.m. Eastern time on the specified comment
date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service can be found at:
http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated: January 3, 2012.
Nathaniel J. Davis, Sr.
Deputy Secretary
[FR Doc. 2012-116 Filed 1-6-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 27, 2009 (Volume 74, Number 100)]
[Proposed Rules]
[Page 25200]
[DOCID:fr27my09-13]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0133; FRL-8909-7]

Approval and Promulgation of Air Quality Implementation Plans;
California; Finding of Attainment of the 1-Hour Ozone Standard for the
Ventura County Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On April 15, 2009 the California Air Resources Board (CARB)
requested that EPA find that the Ventura County ozone nonattainment
area has attained the revoked 1-hour ozone National Ambient Air Quality
Standard (NAAQS). After a review of this submission and of the relevant
monitoring data, EPA is proposing to make such a finding.
    This finding would relieve the area of the requirement to implement
contingency measures for failure to attain the standard by its
attainment date, as well as Clean Air Act penalty fee requirements for
severe and extreme ozone nonattainment areas that have not attained the
1-hour standard by the applicable attainment date.

DATES: Any comments on this proposal must arrive by June 26, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2009-0133, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail or Delivery: Greg Nudd (AIR-2), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: Direct your comments to Docket ID No. EPA-R09-OAR-
2009-0133. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless a 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 http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail 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, 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 EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, 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.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region
IX, 75 Hawthorne Street, San Francisco, California. While all documents
in the docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g.,
confidential business information). To inspect the hard copy materials,
please schedule an appointment during normal business hours with the
contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Greg Nudd, Environmental Engineer, EPA
Region IX,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    This proposal addresses the California Air Resources Board (CARB)
request that EPA find that the Ventura County ozone nonattainment area
has attained the revoked 1-hour ozone National Ambient Air Quality
Standard (NAAQS). In the Rules and Regulations section of this Federal
Register, we are making this finding as a direct final rule without
prior proposal because we believe this action is not controversial. If
we receive adverse comments, however, we will publish a timely
withdrawal of the direct final rule and address the comments in a
subsequent action based on this proposed rule.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: May 14, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E9-12137 Filed 5-26-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Notices]
[Pages 51205-51207]
[FR Doc No: 2014-20337]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72889; File No. SR-NYSEArca-2014-90]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Its Rules
Governing the Short-Term Option Series Program To Introduce Finer
Strike Price Intervals for Related Non-Short Term Options

August 21, 2014.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on August 18, 2014, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its rules governing the Short-Term
Option Series program to introduce finer strike price intervals for
Related non-Short Term Options. The text of the proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its rules governing the Short-Term
Option Series (``STOS'') program to introduce finer strike price
intervals for Related non-Short Term Options. In particular, the
Exchange proposes to amend its rules to permit the listing of Related
non-Short Term Options during the month prior to expiration in the same
strike price intervals as allowed for STOS. The Exchange believes that
the proposed rule change would increase market efficiency as it would
harmonize strike price intervals for contracts that are close to
expiration--whether listed pursuant to a weekly or monthly expiration
schedule--and would align the Exchange's rules with recently approved
changes to the rules governing STOS programs of other options
exchanges,\4\ which would enable the Exchange to compete equally and
fairly with other options exchanges in satisfying strong customer
demand to have the ability to execute hedging and trading strategies in
finer strike price intervals.
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    \4\ See Securities and Exchange Act Release Nos. 72098 (May 6,
2014), 79 FR 27006 (May 12, 2014) (Notice); 72452 (June 24, 2014),
79 FR 36848 (June 30, 2014) (SR-ISE-2014-23) (Approval Order). The
present filing is consistent with the recently approved filing by
the International Securities Exchange, LLC (``ISE'') in all material
respects, except that the Exchange is only proposing to amend the
STOS program for equity options and proposes no changes to STOS
program for index options. For STOS program rules regarding index
options, see Rule 5.19; Rule 5.10(b)(24). This filing is also
similarly consistent with the recent filing for immediate
effectiveness by the Chicago Board of Options Exchange (``CBOE'').
See Securities and Exchange Act Release No. 72539 (July 3, 2014), 79
FR 39447 (July 10, 2014) (SR-CBOE-2014-052).
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    Pursuant to Commentary .07(b) to Rule 6.4, the Exchange may list
short term options in up to fifty option classes, in addition to option
classes that are selected by other securities exchanges that employ a
similar program under their respective rules.\5\ For each of these
option classes, the Exchange may list five short term option expiration
dates at any given time, not counting monthly or quarterly
expirations.\6\ Specifically, on any Thursday or Friday that is a
business day, the Exchange currently may list short term options that
expire at the close of business on each of the next five Fridays that
are business days and are not Fridays in which monthly or quarterly
options expire.\7\ These short term option series, which can be several
weeks or more from expiration, may be listed in strike price intervals
of $0.50, $1, or $2.50, with the finer strike price intervals being
offered for lower priced securities, and for options that trade in the
Exchange's $1 Strike Price Interval Program (as discussed further
below).\8\ More specifically, per current Commentary .07(e) to Rule
6.4, the strike price interval for STOS may be $0.50 or greater for
option classes that both trade in $1 Strike Price Intervals and are in
the STOS program. If the class does not trade in $1 Strike Price
Intervals, the Exchange may list STOS in $0.50 intervals for strike
prices less than $75; in $1 intervals for strike prices that are
between $75 and $150; and in $2.50 intervals for strike prices greater
than $150.\9\
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    \5\ The Exchange notes that the number of option classes that
may participate in the STOS program is aggregated between equity
options and index options and is not apportioned between equity
options and index options.
    \6\ See Commentary .07(a) to Rule 6.4.
    \7\ Id.
    \8\ See Commentary .07(e) to Rule 6.4.
    \9\ Id.
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    The Exchange may also list standard expiration contracts, which are
listed in accordance with the regular monthly expiration cycle, in
wider strike price intervals of $2.50, $5, or $10,\10\ though the
Exchange also operates strike programs, such as the $1 Strike Price
Interval program mentioned above, which allows the Exchange to list a
limited number of option classes in finer strike price intervals.\11\
In general, however, the Exchange must list standard expiration
contracts in $2.50 intervals for strike prices $25 or less, $5
intervals for strike prices greater than $25, and $10 intervals for
strike prices

greater than $200.\12\ Pursuant to the Exchange current rules, during
the week prior to expiration only, the Exchange is permitted to list
Related non-Short Term Option contracts in the narrower strike price
intervals available for STOS.\13\ This exception to the standard strike
price intervals is available only during the week prior to expiration,
however, standard expiration contracts regularly trade at significantly
wider intervals than their weekly counterparts.
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    \10\ See Rule 6.4(f) (``Unless otherwise stated in the rules of
the Exchange, the Exchange shall list option series at intervals of
$2.50 or greater for strike prices that are less than $25.00, $5.00
or greater where the strike prices are greater than $25.00, and
$10.00 or greater where the strike prices are greater than
$200.00.'').
    \11\ See Commentary .04 to Rule 6.4 (allows the Exchange to
designate up to 150 options classes on individual stocks to be
traded in $1 strike price intervals where the strike price is
between $50 and $1. See also Commentary .13 to Rule 6.4 (``$0.50
Strike Program'', which allows the Exchange to designate a limited
number of its listed options on individual stocks for which the
interval of strike prices will be $0.50 where the strike price is
$5.50 or less, but only for options classes whose underlying
securities closed at or below $5.00 in its primary market on the
previous trading day and which have national average daily volume
that equals or exceeds 1,000 contracts per day as determined by the
Options Clearing Corporation during the preceding three calendar
months. The $0.50 Strike Program is currently limited to options
classes overlying no more than 20 individual stocks specifically
designated by the Exchange. However, the Exchange may list $0.50
strike prices in any other option classes if those classes are
specifically designated by other securities exchanges that employ a
similar $0.50 Strike Program under their respective rules.).
    \12\ See Rule 6.4(f).
    \13\ See Commentary.05(c) and .07(e) to Rule 6.4.
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    For example, assume ABC is trading at $56.54 and the monthly
expiration contract is three weeks to expiration. Assume also that the
Exchange has listed all available STOS expirations and thus has STOS
listed on ABC for weeks one, two, four, five, and six. Each of the five
weekly ABC expiration dates can be listed with strike prices in $0.50
intervals, including, for example, the $56.50 at-the-money strike.
Because the monthly expiration contract has three weeks to expiration,
however, the at-the-money strikes must be listed in $5 intervals unless
those options are eligible for one of the Exchange's other strike price
programs. In this instance, that would mean that investors would be
limited to choosing, for example, between the $55 and $60 strike prices
instead of the $56.50 at-the-money strike available for STOS. This is
the case even though contracts on the same option class that expire
both several weeks before and several weeks after the monthly
expiration are eligible for finer strike price intervals. Under the
proposed rule change, the Exchange would be permitted to list the
Related non-Short Term Option on ABC, which is less than a month to
expiration, in the same strike price intervals as allowed for short
term option series. Thus, the Exchange would be able to list, and
investors would be able to trade, all expirations described above with
the same uniform $0.50 strike price interval.
    As proposed, the Exchange would be permitted to begin listing the
monthly expiration contract in these narrower intervals at any time
during the month prior to expiration, which begins on the first trading
day after the prior month's expiration date, subject to the provisions
of other Exchange rules. For example, since the April 2014 monthly
option expired on Saturday, April 19, the proposed rule change would
allow the Exchange to list the May 2014 monthly option in short term
option intervals starting Monday, April 21.
    Thus, the Exchange proposes to amend Commentary .05(c) and .07(e)
to Rule 6.4 to reflect that the Exchange may list Related non-Short
Term Options in the same strike price intervals as allowed for STOS at
any time during the month prior to expiration.\14\ The Exchange
believes that introducing consistent strike price intervals for STOS
and Related non-Short Term options during the month prior to expiration
will benefit investors by giving them more flexibility to closely
tailor their investment decisions. The Exchange also believes that the
proposed rule change will provide the investing public and other
markets with additional opportunities to hedge their investments, thus
allowing these investors to better manage their risk exposure. In
addition, as noted above, the Exchange believes the proposed rule
change will harmonize the Exchange's rules with recently approved rules
on competing options exchanges, which consistency across markets will
benefit investors.\15\
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    \14\ The Exchange also proposes to amend Commentary .05(c) and
.07(e) to Rule 6.4 to delete reference to ``on Thursday and Friday''
to conform the Exchange's treatment of Related non-STOS with that of
other options Exchanges. See, e.g., CBOE Rule 5.5(6) (``Related non-
Short Term Option series shall be opened during the month prior to
expiration in the same manner as permitted in Rule 5.5(d) [Short
Term Options Program] and in the same strike price intervals that
are permitted in this Rule 5.5(d)(5) [Strike Interval]'').
    \15\ See supra n. 4.
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    With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and represents that it and the
Options Price Reporting Authority (``OPRA'') have the necessary systems
capacity to handle any potential additional traffic associated with
this proposed rule change. The Exchange believes that its OTP Firms and
OTP Holders will not have a capacity issue as a result of this
proposal. The Exchange also represents that it does not believe this
expansion will cause fragmentation of liquidity.
 2. Statutory Basis
    The Exchange believes that the proposed change is consistent with
Section 6(b) of the Act,\16\ in general, and furthers the objectives of
Section 6(b)(5),\17\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to, and
perfect the mechanism of a free and open market and, in general, to
protect investors and the public interest.
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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed change will result in a
continuing benefit to investors by giving them more flexibility to
closely tailor their investment and hedging decisions, thus allowing
them to better manage their risk exposure. As noted above, standard
expiration options currently trade in wider intervals than their weekly
counterparts, except during the week prior to expiration. As a result,
contracts on the same option class that expire both several weeks
before and several weeks after the standard expiration are eligible to
trade in strike price intervals that the standard expiration contract
is not. This inconsistency is [sic] has arisen due the growth and
expansion of the STOS program in response to customer demand. In fact,
the Exchange had been limited to listing one short term option
expiration date pursuant to the STOS program and it is only in the last
two years that the Exchange amended its rules to permit it to list up
to five short term option expiration dates in addition to standard
expiration options.\18\
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    \18\ See Securities Exchange Act Release No. 68190 (November 8,
2012), 77 FR 68193 (November 15, 2012) (SR-NYSEArca-2012-95).
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    As noted above, the STOS program has been very well-received by
market participants, in particular by retail investors. There is
continuing strong customer demand for having the ability to execute
hedging and trading strategies in the finer strike price intervals
available in STOS, and the Exchange believes that the proposed rule
change will increase market efficiency by harmonizing strike price
intervals for contracts that are close to expiration, whether those
contracts happen to be listed pursuant to weekly or monthly expiration
cycles. The Exchange notes that, in addition to listing standard
expiration contracts in short term option intervals during the
expiration week, it already operates several programs that allow for
strike price intervals for standard expiration contracts that range
from $0.50 to $2.50.\19\ The Exchange believes that each of these
programs has been successful but notes that limitations on the number
of option classes that may be selected for each of these programs means
that many standard expiration contracts must still be listed in wider
intervals than their short term option counterparts. For example, the
$0.50 Strike Price Program, which offers the narrowest strike price
interval, only permits the Exchange to designate up to twenty option
classes to trade in $0.50 intervals, in addition to option classes
selected by other exchanges that employ a similar program.\20\ Thus,
the Exchange believes that the proposed rule change will fill the gap
between strike price

intervals allowed for STOS and Related non-Short Term Options. The
Exchange believes that the proposed rule change, like the other strike
price programs currently offered by the Exchange, will benefit
investors by giving them more flexibility to closely tailor their
investment and hedging decisions.
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    \19\ See supra nn. 10-12.
    \20\ See supra n. 11.
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    With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and represents that it and the OPRA
have the necessary systems capacity to handle any potential additional
traffic associated with this proposed rule change. The Exchange
believes that its OTP Firms and OTP Holders will not have a capacity
issue as a result of this proposal. The Exchange also represents that
it does not believe this expansion will cause fragmentation of
liquidity.

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

    The Exchange does not believe that the Proposal will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act. To the contrary, the Exchange believes that
the proposed rule change will result in additional investment options
and opportunities to achieve the investment objectives of market
participants seeking efficient trading and hedging vehicles, to the
benefit of investors, market participants, and the marketplace in
general. Specifically, the Exchange believes that investors will
benefit from the availability of strike price intervals in standard
expiration contracts that match the intervals currently permitted for
short term options with a similar time to expiration, and from the
clarification regarding the listing of additional series during the
week of expiration. In addition, as noted above, the Exchange believes
the proposed rule change is pro-competitive and will allow the Exchange
to compete more effectively with other options exchanges that have
already adopted changes to their STOS programs that are substantially
identical to the changes proposed by this filing.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the 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 from the date on which it was filed, or such shorter time as the
Commission may designate, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \21\ and Rule 19b-4(f)(6)
thereunder.\22\
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    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the 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.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange stated that waiver of this requirement would
enable the Exchange to, as soon as possible, have the ability to
compete with other exchanges that have incorporated the proposed rule
change to their STOS Programs and would help eliminate investor
confusion and promote competition among the option exchanges. For these
reasons, the Commission believes that the proposed rule change presents
no novel issues and that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest;
and will allow the Exchange to remain competitive with other exchanges.
Therefore, the Commission designates the proposed rule change to be
operative upon filing.\23\
---------------------------------------------------------------------------

    \23\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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-NYSEArca-2014-90 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-NYSEArca-2014-90. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2014-90 and should
be submitted on or before September 17, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-20337 Filed 8-26-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Notices]
[Pages 18418-18419]
[FR Doc No: 2013-06700]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Notice of Application for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of Applications for Special Permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR Part 107,
Subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the ``Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft.

DATES: Comments must be received on or before April 25, 2013.

ADDRESS COMMENTS TO: Record Center, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, Washington,
DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on March 18, 2013.
Donald Burger,
Chief, General Approvals and Permits.

----------------------------------------------------------------------------------------------------------------
                                                                                Nature of special
   Application No.         Docket No.            Applicant       Regulation(s) affected      permits thereof
----------------------------------------------------------------------------------------------------------------
                                               NEW SPECIAL PERMITS
----------------------------------------------------------------------------------------------------------------
15811-N.............  ....................  Bluesky             49 CFR 49 CFR Table      To authorize the
                                             Helicopters,        Sec.   172.101,          transportation in
                                             Inc., Redlands,     Column(9B), Sec.         commerce of certain
                                             CA.                 172.204(c)(3), Sec.      hazardous materials by
                                                                 173.27(b)(2), Sec.       14 CFR Part 133
                                                                 175.30(a)(1), Sec.       Rotorcraft External
                                                                 172.200, 172.300, and    Load Operations
                                                                 172.400.                 transporting hazardous
                                                                                materials attached to
                                                                                or suspended from an
                                                                                aircraft, in remote
                                                                                areas of the U.S.
                                                                                only, without being
                                                                                subject to hazard
                                                                                communication
                                                                                requirements, quantity
                                                                                limitations and
                                                                                certain loading and
                                                                                stowage requirements.
                                                                                (mode 4)
15820-N.............  ....................  Korean Air,         49 CFR 172.101, Column   To authorize the one-
                                             Arlington, VA.      (9B), 172.204(c)(3),     time transportation in
                                                                 173.27, and              commerce of certain
                                                                 175.30(a)(1).            explosives that are
                                                                                forbidden for
                                                                                transportation by
                                                                                cargo only aircraft.
                                                                                (mode 4)

15821-N.............  ....................  Circor              49 CFR 49 CFR 178.36...  To authorize the
                                             Instrumentation                              manufacture, marking,
                                             Technologies dba,                            sale and use of non-
                                             Hoke                                         DOT specification
                                             Incorporated,                                cylinders manufactured
                                             Spartanburg, SC.                             from Hastelloy C-276
                                                                                (ASTM B622) material.
                                                                                (mode 1)
15827-N.............  ....................  Advanced Chemical   49 CFR 173.185(a)......  To authorize the
                                             Transport,                                   manufacture, marking,
                                             Sunnyvale, CA.                               sale an use of certain
                                                                                packagings for spent
                                                                                lithium ion batteries
                                                                                that have not been
                                                                                tested in accordance
                                                                                with the UN Manual of
                                                                                Test Criteria. (modes
                                                                                1, 3, 4)
15828-N.............  ....................  Praxair, Inc.,      49 CFR 180.605(h)(3)...  To authorize the
                                             Danbury, CT.                                 transportation in
                                                                                commerce of certain
                                                                                portable tanks that
                                                                                have been
                                                                                alternatively tested.
                                                                                (modes 1, 3)
15832-N.............  ....................  Baker Petrolite,    49 CFR 172.102(c)        To authorize the
                                             Sugar Land, TX.     Special Provision B14    transportation in
                                                                 and TP38.                commerce of certain
                                                                                uninsulated portable
                                                                                tanks for
                                                                                transportation of
                                                                                acrolein by motor
                                                                                vehicle and cargo
                                                                                vessel. (modes 1, 3)
15833-N.............  ....................  Northern Power      49 CFR 172.200,          To authorize the
                                             Systems, Inc.       172.315(a)(2), and       transportation in
                                                                 172.504(a).              commerce of limited
                                                                                quantities of paint,
                                                                                aerosols and fire
                                                                                extinguishers in a
                                                                                package containing a
                                                                                windmill with no
                                                                                marks, labels or
                                                                                shipping paper
                                                                                documents for
                                                                                transportation by
                                                                                highway and cargo
                                                                                vessel. (modes 1,3)
15834-N.............  ....................  Multistar Ind.,     49 CFR 180.605(1)......  To authorize the
                                             Inc., Othello, WA.                           transportation in
                                                                                commerce of certain
                                                                                portable tanks and
                                                                                cargo tanks containing
                                                                                anhydrous ammonia that
                                                                                do not have
                                                                                manufacturer's data
                                                                                reports required by 49
                                                                                CFR 180.605(1). (mode
                                                                                1)
15836-N.............  ....................  Galyean LP........  49 CFR 173.202,          To authorize the
                                                                 173.203, 173.241,        transportation in
                                                                 173.242 and 173.243.     commerce of certain
                                                                                Class 3 and Class 8
                                                                                materials in
                                                                                alternative packaging
                                                                                for transportation by
                                                                                motor vehicle. (mode
                                                                                1)
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-06700 Filed 3-25-13; 8:45 am]
BILLING CODE 4909-60-M


[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Pages 42733-42735]
[FR Doc No: 2021-16534]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0489; FRL-8691-02-R3]

Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Nonattainment New Source Review Requirements for
2015 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Department of
Energy and Environment (DOEE) of the District of Columbia (the
District). The revision will fulfill the District's Nonattainment New
Source Review (NNSR) SIP element requirement for the 2015 8-hour ozone
National Ambient Air Quality Standard (NAAQS). EPA is approving the
revision to the District of Columbia SIP in accordance with the
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on September 7, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0489. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Matthew Willson, Permits Branch
(3AD10), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is<PHONE_NUMBER>. Mr. Willson can also be reached
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On March 11, 2021 (86 FR 8734), EPA published a notice of proposed
rulemaking (NPRM) for the District of Columbia. In the NPRM, EPA
proposed approval of the District's NNSR Certification for the 2015 8-
hour ozone NAAQS. The formal SIP revision was submitted by the District
on May 5, 2020. Specifically, the District certified that its existing
NNSR program, covering the District portion of the Washington, DC-MD-VA
Nonattainment Area (Washington Area) for the 2015 8-hour ozone NAAQS,
is at least as stringent as the requirements at 40 CFR 51.165, as
amended by the final rule titled ``Implementation of the 2015 National
Ambient Air Quality Standards for Ozone: Nonattainment Area State
Implementation Plan Requirements'' (SIP Requirements Rule), for ozone
and its precursors. See 83 FR 62998 (December 6, 2018).
    On October 1, 2015, EPA promulgated a revised 8-hour ozone NAAQS of
0.070 parts per million (ppm). 80 FR 65292 (October 26, 2015). Under
EPA's regulations at 40 CFR 50.19, the 2015 8-hour ozone NAAQS is
attained when the three-year average of the annual fourth-highest daily
maximum 8-hour average ambient air quality ozone concentration is less
than or equal to 0.070 ppm.
    Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that is violating the NAAQS
based on the three most recent years of ambient air quality data at the
conclusion of the designation process. The Washington Area was
classified as marginal nonattainment for the 2015 8-hour ozone NAAQS on
June 4, 2018 (effective August 3, 2018) using 2014-2016 ambient air
quality data. 83 FR 25776. On December 6, 2018, EPA issued the final
SIP Requirements Rule, which establishes the requirements that state,
tribal, and local air quality management agencies must meet as they
develop implementation plans for areas where air quality exceeds the
2015 8-hour ozone NAAQS. 80 FR 65291, October 26, 2015. Areas that were
designated as marginal ozone nonattainment areas are required to attain
the 2015 8-hour ozone NAAQS no later than August 3, 2021. 40 CFR
51.1303 and 83 FR 10376, March 9, 2018.
    Based on initial nonattainment designations for the 2015 8-hour
ozone NAAQS, as well as the December 6, 2018 final SIP Requirements
Rule, the District was required to develop a SIP revision addressing
certain CAA requirements for the Washington Area, and submit to EPA a
NNSR Certification SIP or SIP revision no later than 36 months after
the effective date of area designations for the 2015 8-hour ozone

NAAQS (i.e., August 3, 2021). See 83 FR 62998 (December 6, 2018). EPA
is approving the District's May 5, 2020 NNSR Certification SIP revision
for the 2015 8-hour ozone NAAQS.

II. Summary of SIP Revision and EPA Analysis

    This rule is specific to the District's NNSR requirements. NNSR is
a preconstruction review permit program that applies to new major
stationary sources or major modifications at existing sources located
in a nonattainment area. The specific NNSR requirements for the ozone
NAAQS are located in 40 CFR 51.160 through 51.165.
    The District's SIP approved NNSR program, established in Chapters 1
(Air Quality--General Rules) and 2 (Air Quality--General and
Nonattainment Area Permits) in Title 20 of the District of Columbia
Municipal Regulations (DCMR), applies to the construction and
modification of major stationary sources in nonattainment areas. In its
May 5, 2020 SIP revision, the District certifies that the versions of
20 DCMR Chapters 1 and 2 approved in the SIP are at least as stringent
as the Federal NNSR requirements for the Washington Area. EPA last
approved revisions to the District's major NNSR SIP on July 5, 2019. In
that action, EPA approved revisions to the District's SIP which made
DOEE's NNSR program consistent with Federal requirements. 84 FR 32072,
July 5, 2019. No public comments were received on the NPRM.

III. Final Action

    EPA is approving the District's May 5, 2020 SIP revision addressing
the NNSR requirements for the 2015 8-hour ozone NAAQS for the
Washington Area. EPA has concluded that the District's submission
fulfills the 40 CFR 51.1114 revisions requirement, meets the
requirements of CAA section 110 and 172 and the minimum SIP
requirements of 40 CFR 51.165.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 4, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
    This action pertaining to the District's NNSR program and the 2015
8-hour ozone NAAQS may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: July 28, 2021.
Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart J--District of Columbia

0
2. In Sec.  52.470, the table in paragraph (e) is amended by adding an
entry for ``2015 8-Hour Ozone Certification for Nonattainment New
Source Review (NNSR)'' at the end of the table to read as follows:

Sec.  52.470  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                                           State
    Name of non-regulatory SIP          Applicable       submittal    EPA approval date   Additional explanation
             revision                geographic area        date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2015 8-Hour Ozone Certification    The District of         05/05/20  08/05/21, [insert    ......................
 for Nonattainment New Source       Columbia.                         Federal Register
 Review (NNSR).                                                       citation].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2021-16534 Filed 8-4-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)]
[Proposed Rules]
[Pages 40505-40508]
[FR Doc No: 2017-17839]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0805; Product Identifier 2017-NM-051-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
The Boeing Company Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-
83), DC-9-87 (MD-87) airplanes, Model MD-88 airplanes, and Model MD-90-
30 airplanes. This proposed AD was prompted by a report of loss of
airspeed

indication due to icing. This proposed AD would require modifying the
air data heat (ADH) system. We are proposing this AD to address the
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by October 10,
2017.

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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may
view this referenced service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2017-0805.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0805; 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: Eric Igama, Aerospace Engineer,
Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960
Paramount Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax:
562-627-5210; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite 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-2017-0805;
Product Identifier 2017-NM-051-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 have received a report of both pilots' airspeed indicators
freezing at 80 knots during takeoff. The outside air temperature was 25
degrees Fahrenheit and the wind was at approximately 20 knots in light
snow. The airplane had been waiting in this weather condition for about
two hours for de-icing before takeoff.
    Air data sensors directly affect flight computers and flight deck
instrumentation. The air data sensors have heaters to prevent blockage
from ice formation in the sensor or from ice formation on the static
plates. Incorrect airspeed indications can be the direct result of
pitot tube icing. Failure to activate the ADH system in icing
conditions could result in irregular airspeed or altitude indications,
which could possibly result in a runway overrun during a high speed
rejected takeoff (RTO) due to failure to rotate before the end of the
runway, or a stall/overspeed during flight.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin MD80-30A132, dated April
28, 2017; and Boeing Alert Service Bulletin MD90-30A031, dated June 2,
2017. This service information describes procedures for modifying the
ADH system so that it activates when the left and right fuel switches
are in the ON position. These documents are distinct since they apply
to different airplane models. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

FAA's Determination

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

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions
identified as ``RC'' (required for compliance) in the Accomplishment
Instructions of the service information described previously, except
for differences between this proposed AD and the service information
that are identified in the regulatory text of this proposed AD. For
information on the procedures, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0805.
    Master Minimum Equipment List relief may be developed and approved
by the FAA Long Beach, CA Aircraft Evaluation Group (AEG) Flight
Operations Evaluation Board (FOEB) to allow operation of an airplane
with an ADH system modified in accordance with this proposed AD that is
inoperable for a specified time period. This potential relief is
specified in paragraph (i) of this proposed AD.

Differences Between This Proposed AD and the Service Information

    Boeing Alert Service Bulletin MD80-30A132, dated April 28, 2017,
specifies to contact the manufacturer for change instructions, but this
proposed AD would require obtaining and doing those change instructions
in one of the following ways:
     In accordance with 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 (ODA) whom we have
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 553 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
----------------------------------------------------------------------------------------------------------------
Modification, MD80 Group 1, 84          56 work-hours x $85 per           $4,459          $9,219        $774,396
 airplanes.                              hour = $4,760.
Modification, MD80 Group 2, 11          57 work-hours x $85 per           11,014          15,859         174,449
 airplanes.                              hour = $4,845.
Modification, MD80 Group 3, 336         57 work-hours x $85 per            8,589          13,434       4,513,824
 airplanes.                              hour = $4,845.
Modification, MD80 Group 4, 1 airplane  56 work-hours x $85 per            4,479           9,239           9,239
                                         hour = $4,760.
Modification, MD80 Group 5, 37          57 work-hours x $85 per           11,034          15,879         587,523
 airplanes.                              hour = $4,845.
Modification, MD90 Group 1, 84          37 work-hours x $85 per            4,395           7,540         633,360
 airplanes.                              hour = $3,145.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for doing the modification on MD80 Group 6 airplanes.

Authority for This Rulemaking

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

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

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2017-0805; Product Identifier
2017-NM-051-AD.

(a) Comments Due Date

    We must receive comments by October 10, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model DC-9-81 (MD-81),
DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87) airplanes, Model
MD-88 airplanes, and Model MD-90-30 airplanes, certificated in any
category.

(d) Subject

    Air Transport Association (ATA) of America Code 3410; Flight
environment data.

(e) Unsafe Condition

    This AD was prompted by a report of loss of airspeed indication
due to icing. We are issuing this AD to prevent operation of
unheated air data sensors in icing conditions. Failure to activate
the air data heat (ADH) system in icing conditions could result in
irregular airspeed or altitude indications, which could possibly
result in a runway overrun during a high speed rejected takeoff
(RTO) due to failure to rotate before the end of the runway, or a
stall/overspeed during flight.

(f) Compliance

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

(g) Required Actions

    At the applicable time specified in paragraph (g)(1) or (g)(2)
of this AD: Do all applicable actions identified as ``RC'' (required
for compliance) in, and in accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin MD80-30A132, dated
April 28, 2017; and Boeing Alert Service Bulletin MD90-30A031, dated
June 2, 2017; as applicable; except as required by paragraph (h) of
this AD.
    (1) For Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83),
DC-9-87 (MD-87) model airplanes and Model MD-88 airplanes: Within 28
months after the effective date of this AD.
    (2) For Model MD-90-30 airplanes: Within 27 months after the
effective date of this AD.

(h) Exception to Service Information Specifications

    Where Boeing Alert Service Bulletin MD80-30A132, dated April 28,
2017, specifies contacting Boeing, and specifies that action as
``RC'' (Required for Compliance): This AD requires using a method
approved in accordance with the procedures specified in paragraph
(j) of this AD.

(i) Master Minimum Equipment List (MMEL)

    In the event that the ADH system as modified by this AD is
inoperable, an airplane may be operated as specified in the FAA-
approved MMEL, provided MMEL provisions that address the modified
ADH system are included in the MMEL and those provisions are
included in the operator's Minimum Equipment List.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO 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 local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (k)(1) of this AD. Information may be
emailed 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, to make those findings. To be
approved, the repair method, modification deviation, or alteration
deviation must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.
    (4) Except as required by paragraph (h) of this AD: For service
information that contains steps that are labeled as Required for
Compliance (RC), the provisions of paragraphs (j)(4)(i) and
(j)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled 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 RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(k) Related Information

    (1) For more information about this AD, contact Eric Igama,
Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles
ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 1601 Lind Avenue
SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on August 16, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-17839 Filed 8-24-17; 8:45 am]
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[Federal Register: June 9, 2009 (Volume 74, Number 109)]
[Rules and Regulations]
[Page 27249-27251]
[DOCID:fr09jn09-3]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2009-0286]

Drawbridge Operation Regulations; New Haven Harbor, Quinnipiac
and Mill Rivers, CT, Test Schedule Change

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for
comments.

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

SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of
three bridges; the Ferry Street Bridge and the Grand Avenue Bridge
across the Quinnipiac River, and the Chapel Street Bridge across the
Mill River, all at New Haven, Connecticut. This deviation will test a
change to the drawbridge operation schedule to determine whether a
permanent change to the schedule is needed.

DATES: This deviation is effective from May 1, 2009 through October 26,
2009. Comments must reach the Coast Guard on or before November 15,
2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0286 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building ground floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Ms. Judy Leung-Yee, Project Officer, First Coast Guard
District, telephone<PHONE_NUMBER>. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related material. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0286), indicate the specific section of this
document to which each comment applies, and give the reason for each
suggestion or recommendation. You may submit your comments and
materials online (http://www.regulations.gov), or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0286'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0286 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit
either the Docket Management Facility in Room W12-140, on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment), if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act, system of
records notice regarding our public dockets in the January 17, 2008
issue of the Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.

Background and Purpose

    The Ferry Street Bridge at mile 0.7, across the Quinnipiac River,
has a vertical clearance in the closed position of 25 feet at mean high
water and 31 feet at mean low water. The Grand Avenue Bridge at mile
1.3, across the Quinnipiac River, has a vertical clearance in the
closed position of 9 feet at mean high water and 15 feet at mean low
water. The Chapel Street Bridge at mile 0.4, across the Mill River, has
a vertical clearance of 7 feet at mean high water and 13 feet at mean
low water. The existing drawbridge operation regulations are listed at
33 CFR 117.213.
    The City of New Haven, the owner of the bridges, requested a change
to the drawbridge operation regulations for the Ferry Street Bridge
across Quinnipiac River at mile 0.7, the Grand Avenue Bridge across the
Quinnipiac River at mile 1.3, and the Chapel Street Bridge at mile 0.4,
across the Mill River, all at New Haven, Connecticut.
    During the past four years the Ferry Street Bridge has undergone a
major rehabilitation. During the rehabilitation project the movable
spans were removed or left in the open position at various times
allowing navigation to pass at all times.
    Now that the Ferry Street Bridge is fully operational again, the
bridge owner would like to test an alternate drawbridge operation
schedule for all its bridges, the Ferry Street Bridge, the Grand Avenue
Bridge and the Chapel Street Bridge, to help reduce the burden of
crewing these bridges during time periods when there have been few
requests to open.
    The waterway users are seasonal recreational craft, commercial
fishing, and construction vessels.
    The existing drawbridge operation regulation listed at 33 CFR
117.213, authorizes a roving crew concept that requires the draw of the
Ferry Street Bridge to open on signal from October 1 through April 30,
between 9 p.m. and 5 a.m. unless the draw tender is at the Grand Ave.
or Chapel Street bridges, in which case, a delay of up to one hour in
opening is permitted.
    The bridge owner would like to extend the above roving crew concept
to be in effect year round.
    As a result of all of the above information, the Coast Guard has
decided to implement a temporary test deviation to test the requested
change to the drawbridge operation regulations.
    The public is invited to comment regarding the effectiveness of
this temporary test deviation. The Coast Guard will consider all
comments received within the comment period before determining whether
this proposed rule change should become either a permanent change to
the rules, be revised or modified further, or if the existing
regulations should remain unchanged.
    Under this temporary test deviation, in effect from May 1, 2009
through October 26, 2009, the Ferry Street Bridge, the Grand Avenue
Bridge, and the Chapel Street Bridge shall operate as follows:
    The Ferry Street Bridge across Quinnipiac River at mile 0.7, shall
open on signal for all marine traffic; except that, from 7:30 a.m. to
8:30 a.m. and 4:45 p.m. to 5:45 p.m., weekdays except Federal holidays,
the draw need not be opened for the passage of vessel traffic. From 9
p.m. to 5 a.m., the draw shall open on signal if at least a one hour
advance notice is given to the draw tender at the Chapel Street Bridge
by calling<PHONE_NUMBER>.
    The Grand Avenue Bridge across Quinnipiac River at mile 1.3, shall
open on signal for all marine traffic; except that, from 7:30 a.m. to
8:30 a.m. and 4:45 p.m. to 5:45 p.m., weekdays except Federal holidays,
the draw need not be opened for the passage of vessel traffic. From 9
p.m. to 5 a.m. the draw shall open on signal if at least a one hour

advance notice is given to the draw tender at the Chapel Street Bridge
by calling<PHONE_NUMBER>.
    The Chapel Street Bridge across the Mill River at mile 0.4, shall
open on signal for all marine traffic; except that, from 7:30 a.m. to
8:30 a.m. and 4:45 p.m. to 5:45 p.m., weekdays except Federal holidays,
the draw need not be opened for the passage of vessel traffic. From 9
p.m. to 5 a.m. the draw shall open on signal if at least a one hour
advance notice is given to the draw tender by calling<PHONE_NUMBER>.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: April 27, 2009.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. E9-13369 Filed 6-8-09; 8:45 am]

BILLING CODE 4910-15-P