[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Rules and Regulations]
[Pages 28627-28629]
[FR Doc No: E9-14278]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1055]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Mitigation Assistant
Administrator of FEMA reconsider the changes. The modified BFEs may be
changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: William R. Blanton Jr., Engineering
Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.

    The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own, or pursuant to policies established by the
other Federal, State, or regional entities. The changes in BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

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                                                             Date and name of
         State and county           Location and Case No.     newspaper where     Chief executive officer    Effective date of modification   Community
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona:
    Maricopa......................  Town of Gilbert (08-   April 23, 2009;       The Honorable Steven M.    April 8, 2009..................       040044
                                     09-1488P).             April 30, 2009;       Berman, Mayor, Town of
                                                            Arizona Business      Gilbert, 50 East Civic
                                                            Gazette.              Center Drive, Gilbert,
                                                                                AZ 85296.
    Maricopa......................  Unincorporated areas   April 23, 2009;       The Honorable Andrew W.    April 8, 2009..................       040037
                                     of Maricopa County     April 30, 2009;       Kunasek, Chairman,
                                     (08-09-1488P).         Arizona Business      Maricopa County, Board
                                                            Gazette.              of Supervisors, 301 West
                                                                                Jefferson Street, 10th
                                                                                Floor, Phoenix, AZ 85003.
    Maricopa......................  Town of Queen Creek    April 23, 2009;       The Honorable Art          April 8, 2009..................       040132
                                     (08-09-1488P).         April 30, 2009;       Sanders, Mayor, Town of
                                                            Arizona Business      Queen Creek, 22350 South
                                                            Gazette.              Ellsworth Road, Queen
                                                                                Creek, AZ 85242.
    Navajo........................  Unincorporated areas   April 22, 2009;       The Honorable J.R.         August 27, 2009................       040066
                                     of Navajo County (08-  April 29, 2009; The   Despain, Chairman,
                                     09-1857P).             Tribune News.         Navajo County, Board of
                                                                                Supervisors, P.O. Box
                                                                                668, Holbrook, AZ 86025.
Florida: Polk.....................  Unincorporated areas   April 8, 2009; April  The Honorable Sam          August 13, 2009................       120261
                                     of Polk County (09-    15, 2009; The Polk    Johnson, Chairman, Polk
                                     04-1385P).             County Democrat.      County Board of
                                                                                Commissioners, P.O. Box
                                                                                9005, Drawer BC01,
                                                                                Bartow, FL 33831-9005.
Idaho: Blaine.....................  Unincorporated areas   April 22, 2009;       The Honorable Tom Bowman,  April 14, 2009.................       165167
                                     of Blaine County (09-  April 29, 2009;       Chairman, Blaine County
                                     10-0307P).             Idaho Mountain        Board of Commissioners,
                                                            Express.              206 First Street South,
                                                                                Suite 300, Hailey, ID
                                                                                83333.
Iowa:
    Crawford......................  City of Denison (08-   April 10, 2009;       The Honorable Nathan       August 17, 2009................       190096
                                     07-1528P).             April 17, 2009;       Mahrt, Mayor, City of
                                                            Denison Bulletin &    Denison, P.O. Box 668,
                                                            Review.               Denison, IA 51442.
    Polk..........................  City of Ankeny (08-07- April 22, 2009;       The Honorable Steve Van    April 13, 2009.................       190226
                                     1252P).                April 29, 2009; Des   Oort, Mayor, City of
                                                            Moines Register.      Ankeny, 410 West First
                                                                                Street, Ankeny, IA 50023.
Missouri: St. Louis...............  City of Richmond       April 30, 2009; May   The Honorable James J.     September 8, 2009..............       290380
                                     Heights (09-07-        7, 2009; The          Beck, Mayor, City of
                                     0908P).                Countian.             Richmond Heights, 1330
                                                                                South Big Bend
                                                                                Boulevard, Richmond
                                                                                Heights, MO 63117.
Montana:
    Flathead......................  Unincorporated areas   May 1, 2009; May 8,   The Honorable Dale W.      April 21, 2009.................       800023
                                     of Flathead County     2009; Daily Inter     Lauman, Chairman,
                                     (08-08-0361P).         Lake.                 Flathead County Board of
                                                                                Commissioners, 800 South
                                                                                Main Street, Kalispell,
                                                                                MT 59901.
    Stillwater....................  Unincorporated areas   July 17, 2008; July   The Honorable Dennis R.    November 24, 2008..............       300078
                                     of Stillwater County   24, 2008;             Hoyem, Chairman,
                                     (07-08-0854P).         Stillwater County     Stillwater County Board
                                                            News.                 of Commissioners, P.O.
                                                                                Box 970, Columbus, MT
                                                                                59019.
North Carolina:
    Orange........................  Town of Chapel Hill    March 26, 2009;       The Honorable Kevin C.     July 31, 2009..................       370180
                                     (09-04-1756P).         April 2, 2009;        Foy, Mayor, Town of
                                                            Chapel Hill Herald.   Chapel Hill, Mayor's
                                                                                Office, 405 Martin
                                                                                Luther King Jr.
                                                                                Boulevard, Chapel Hill,
                                                                                NC 27514.
    Wake..........................  Wake County            March 13, 2009;       Mr. David C. Cooke,        July 17, 2009..................       370368
                                     (Unincorporated        March 20, 2009; The   Manager, Wake County,
                                     Areas) (08-04-5834P).  News & Observer.      P.O. Box 550, Suite
                                                                                1100, Raleigh, NC 27602.

    Wake..........................  Town of Holly Springs  March 13, 2009;       The Honorable Dick Sears,  July 17, 2009..................       370403
                                     (08-04-5834P).         March 20, 2009; The   Mayor, Town of Holly
                                                            News & Observer.      Springs, P.O. Box 8,
                                                                                Holly Springs, NC 27540.
Texas:
    Hunt..........................  Unincorporated areas   April 22, 2009;       The Honorable John Horn,   April 10, 2009.................       480363
                                     of Hunt County (08-    April 29, 2009;       Hunt County Judge, P.O.
                                     06-1912P).             Herald Banner.        Box 1097, Greenville, TX
                                                                                75403.
    Tarrant.......................  City of Arlington (09- March 30, 2009;       The Honorable Robert N.    August 4, 2009.................       485454
                                     06-0207P).             April 6, 2009; Star   Cluck, Mayor, City of
                                                            Telegram.             Arlington, 101 West
                                                                                Abram Street, Arlington,
                                                                                TX 76004.
    Tarrant.......................  City of Fort Worth     April 7, 2009; April  The Honorable Michael J.   March 27, 2009.................       480596
                                     (08-06-1200P).         14, 2009; Star        Moncrief, Mayor, City of
                                                            Telegram.             Fort Worth, 1000
                                                                                Throckmorton Street,
                                                                                Fort Worth, TX 76102.
Wisconsin: St. Croix..............  Village of Baldwin     April 28, 2009; May   The Honorable Donald       April 16, 2009.................       550380
                                     (09-05-1751P).         5, 2009; The          McGee, President,
                                                            Baldwin Bulletin.     Village of Baldwin, P.O.
                                                                                Box 97, Baldwin, WI
                                                                                54002.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: June 9, 2009.
Edward L. Connor,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-14278 Filed 6-16-09; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Proposed Rules]
[Pages 5611-5614]
[FR Doc No: 2019-02931]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0016; Product Identifier 2018-NM-168-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD was
prompted by reports of loss of retention of the regulator inlet filter
retainer on certain crew oxygen cylinder assemblies. This proposed AD
would require an operational check of the crew oxygen cylinder
assembly, replacement of an affected assembly, and eventual replacement
of all affected assemblies with redesigned serviceable assemblies.

We are proposing this AD to address the unsafe condition on these
products.

DATES: We must receive comments on this proposed AD by April 8, 2019.

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 the incorporation by reference (IBR) material described in the
``Related IBR material under 1 CFR part 51'' section in SUPPLEMENTARY
INFORMATION, contact European Aviation Safety Agency (EASA), Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 1000;
email<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find
this IBR material on the EASA website at https://ad.easa.europa.eu. You
may view this IBR material at the FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket on the internet at http://www.regulations.gov.

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-2019-
0016; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (telephone 800-
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

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-2019-0016;
Product Identifier 2018-NM-168-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM based on
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 NPRM.

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0245R1, dated December 5, 2018
(``EASA AD 2018-0245R1'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A350-941 and -1041 airplanes. The
MCAI states:

    Several occurrences were reported of loss of retention of the
regulator inlet filter retainer on affected assemblies. The filter
retainer detached from the regulator and dropped within the cylinder
internal volume. The technical investigation identified a design
defect which was the cause of these events.
    This condition, if not detected and corrected, could lead to
particle ingestion into the regulator during ground handling,
possibly resulting in ignition/fire during system ground operational
testing following cylinder (re)installation on an aeroplane.
    To address this potential unsafe condition, Airbus issued the
AOT [Airbus Alert Operators Transmission A35P010-17, dated December
20, 2017] to provide instructions for an operational check (OPC).
Airbus also developed an improved oxygen cylinder assembly and
issued the SB [Airbus Service Bulletin A350-35-P012, dated July 12,
2018] accordingly, to provide replacement instructions.
    For the reasons described above, EASA issued AD 2018-0245 to
require a one-time OPC of each affected assembly and, depending on
findings, replacement. This [EASA] AD also requires replacement of
all affected assemblies with improved serviceable assemblies.
    Prompted by operator requests for clarification after that
[EASA] AD was issued, this [EASA] AD is revised to introduce a new
definition for `Groups' of aeroplanes affected by this [EASA] AD,
amending the [EASA] AD accordingly to reflect the intended
requirements for each Group.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2018-0245R1 describes procedures for an operational check
of the crew oxygen cylinder assembly, replacement of an affected
assembly, and eventual replacement of all affected assemblies with
redesigned serviceable assemblies. This material is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section, and it is publicly available through the EASA
website.

FAA's Determination and Requirements of This Proposed AD

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

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2018-0245R1 described previously, except for any differences
identified as exceptions in the regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA worked with Airbus and EASA to develop a process to
use certain EASA ADs as the primary source of information for
compliance with requirements for corresponding FAA ADs. As a result,
EASA AD 2018-0245R1 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with the
provisions specified in EASA AD 2018-0245R1, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Service information specified in EASA AD 2018-0245R1 that is required
for compliance with EASA AD 2018-0245R1 will be available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0016 after the FAA final rule is published.

Costs of Compliance

    We estimate that this proposed AD affects 11 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                           Labor cost                               Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
10 work-hours x $85 per hour = $850.............................            * $0            $850          $9,350
----------------------------------------------------------------------------------------------------------------
* We have received no definitive data regarding the parts cost.

    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. We do not control warranty coverage for
affected individuals. As a result, we have included all known costs in
our cost estimate.

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 and associated appliances 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):

Airbus SAS: Docket No. FAA-2019-0016; Product Identifier 2018-NM-
168-AD.

(a) Comments Due Date

    We must receive comments by April 8, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by reports of loss of retention of the
regulator inlet filter retainer on certain crew oxygen cylinder
assemblies. We are issuing this AD to address loss of retention of
the regulator inlet filter retainer on certain crew oxygen cylinder
assemblies. This condition could lead to particle ingestion into the
regulator during ground handling, possibly resulting in ignition/
fire during system ground operational testing following crew oxygen
cylinder (re)installation on an airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2018-0245R1.

(h) Exceptions to EASA AD 2018-0245R1

    (1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2018-0245R1 refers to its effective date,
or the effective date of EASA AD 2018-0245, dated November 13, 2018,
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2018-0245R1 does not
apply to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2018-
0245R1 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 International Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal

inspector, the manager of the local flight standards district
office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2018-0245R1 that contains RC procedures and
tests: Except as required by paragraph (h)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

    (1) For information about EASA AD 2018-0245R1, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. EASA AD 2018-0245R1 may be found in the AD docket on
the internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0016.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on February 1, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-02931 Filed 2-21-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Page 42676]
[FR Doc No: 2017-19153]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-2371-000]

GenOn Holdco 5, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding
GenOn Holdco 5, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 25, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic 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
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: September 5, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-19153 Filed 9-8-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Proposed Rules]
[Pages 31083-31085]
[FR Doc No: 2020-10978]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0456; Product Identifier 2020-NM-053-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A330-202, -203, -223, -243, -301, -321, -
322, -323, -341, -342, and -343 airplanes; and Model A340-200 and -300
series airplanes. This proposed AD was prompted by a report indicating
that the allowable load limits on the vertical tail plane could be
reached and possibly exceeded in cases of multiple rudder doublet
inputs. This proposed AD would require upgrading the flight control
data concentrator (FCDC), associated flight control primary computer
(FCPC), and flight warning computer (FWC), and activation of the stop
rudder input aural warning (SRIW) device, as specified in a European
Union Aviation Safety Agency (EASA) AD, which will be incorporated by
reference. The FAA is proposing this AD to address the unsafe condition
on these products.

DATES: The FAA must receive comments on this proposed AD by July 6,
2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For the material identified in this proposed AD that will be
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa.eu. You may view
this IBR material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0456.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0456; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

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

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-0456;
Product Identifier 2020-NM-053-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
    The FAA will post all comments the FAA receives, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the FAA receives about this NPRM.

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0077, dated March 31, 2020
(``EASA AD 2020-0077'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A330-202, -203, -223, -243, -
301, -321, -322, -323, -341, -342, and -343 airplanes; and Model A340-
211, -212, -213, -311, -312, and -313 airplanes.
    This proposed AD was prompted by a report indicating that the
allowable load limits on the vertical tail plane could be reached and
possibly exceeded in cases of multiple rudder doublet inputs. The FAA
is proposing this AD to address cases of multiple rudder doublet
inputs, which could lead to excessive loads on the vertical tail plane
and a subsequent loss of control of the airplane. See the MCAI for
additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0077 describes procedures for upgrading the FCDC,
associated FCPC, and FWC, and activation of the SRIW device. This
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

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

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0077 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers

and civil aviation authorities (CAAs) to use this process. As a result,
EASA AD 2020-0077 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with EASA
AD 2020-0077 in its entirety, through that incorporation, except for
any differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in the EASA AD does not mean that operators need
comply only with that section. For example, where the AD requirement
refers to ``all required actions and compliance times,'' compliance
with this AD requirement is not limited to the section titled
``Required Action(s) and Compliance Time(s)'' in the EASA AD. Service
information specified in EASA AD 2020-0077 that is required for
compliance with EASA AD 2020-0077 will be available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0456 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 10 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
             Labor cost                    Parts cost           Cost per product       Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Up to 10 work-hours x $85 per hour   Up to $31,038.........  Up to $31,888.........  Up to $318,880.
 = $850.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus SAS: Docket No. FAA-2020-0456; Product Identifier 2020-NM-
053-AD.

(a) Comments Due Date

    The FAA must receive comments by July 6, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS airplanes identified in paragraphs
(c)(1) through (4) of this AD, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2020-
0077, dated March 31, 2020 (``EASA AD 2020-0077'').
    (1) Model A330-202, -203, -223, and -243 airplanes.
    (2) Model A330-301, -321, -322, -323, -341, -342, and -343
airplanes.
    (3) Model A340-211, -212, and -213 airplanes.
    (4) Model A340-311, -312, and -313 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
Controls.

(e) Reason

    This AD was prompted by a report indicating that the allowable
load limits on the vertical tail plane could be reached and possibly
exceeded in cases of multiple rudder doublet inputs. The FAA is
issuing this AD to address cases of multiple rudder doublet inputs,
which could lead to excessive loads on the vertical tail plane and a
subsequent loss of control of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2020-0077.

(h) Exceptions to EASA AD 2020-0077

    (1) Where EASA AD 2020-0077 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0077 does not apply
to this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (j)(2) of this AD. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions

from a manufacturer, the instructions must be accomplished using a
method approved by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or EASA; or Airbus SAS's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0077 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

    (1) For information about EASA AD 2020-0077, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>Internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0456.
    (2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on May 15, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-10978 Filed 5-21-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Notices]
[Pages 45606-45608]
[FR Doc No: 2019-18634]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86743; File No. SR-CboeEDGX-2019-052]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating To Amend the Fee Schedule Applicable to Members and Non-
Members of the Exchange Pursuant to EDGX Rules 15.1(a) and (c)

August 23, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 16, 2019, Cboe EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    Cboe EDGX Exchange, Inc. (the ``Exchange'' or ``EDGX'') is filing
with the Securities and Exchange Commission (``Commission'') a proposed
rule change to amend the fee schedule applicable to Members and non-
Members \3\ of the Exchange pursuant to EDGX Rules 15.1(a) and (c).
Changes to the fee schedule pursuant to this proposal are effective
upon filing. The text of the proposed rule change is attached [sic] as
Exhibit 5.
---------------------------------------------------------------------------

    \3\ A Member is defined as ``any registered broker or dealer
that has been admitted to membership in the Exchange.'' See Exchange
Rule 1.5(n).
---------------------------------------------------------------------------

    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/edgx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule applicable to its
options trading platform (``EDGX Options'') to adopt a fee for the
equity leg of a stock-option order, which orders would yield fee code
``EQ'', effective August 16, 2019.
    The Exchange first notes that it operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of 16 options venues to which market participants
may direct their order flow. Based on publicly available information,
no single options exchange has more than 20% of the market share.\4\
Thus, in such a low-concentrated and highly competitive market, no
single options exchange possesses significant pricing power in the
execution of option order flow. The Exchange believes that the ever-
shifting market share among the exchanges from month to month
demonstrates that market participants can shift order flow, or
discontinue to reduce use of certain categories of products, in
response to fee changes. Accordingly, competitive forces constrain the
Exchange's transaction fees, and market participants can readily trade
on competing venues if they deem pricing levels at those other venues
to be more favorable. In response to competitive pricing, the Exchange,
like other options exchanges, offers rebates and assesses fees for
certain order types executed on or routed through the Exchange.
---------------------------------------------------------------------------

    \4\ See Cboe Global Markets U.S. Options Market Volume Summary
(August 15, 2019), available at https://markets.cboe.com/us/options/market_statistics/.
---------------------------------------------------------------------------

    Pursuant to rule filing SR-2019-CboeEDGX-039,\5\ the Exchange will
implement stock-option order functionality on August 16, 2019. Stock-
option orders are complex instruments that constitute the purchase or
sale of a stated number of units of an underlying stock or a security
convertible into the underlying stock coupled with the purchase or sale
of an option contract(s) on the opposite side of the market and execute
in the same manner as complex orders. Through this new functionality,
the stock portions of stock-option strategy orders will be
electronically communicated by the Exchange to a designated broker-
dealer, who will then manage the execution of such stock portions. In
connection with the new functionality, the Exchange proposes to adopt a
stock handling fee of $0.0010 per share for the processing and routing
by the Exchange of the stock portion of stock-option strategy orders
executed through those mechanisms. The purpose of the proposed stock
handling fee is to cover the fees charges by the outside venue that
prints the trade, as well as assist in covering the Exchange's costs in
matching these stock-option orders against other stock option orders on
the complex book. Additionally, the Exchange will also largely pass
through to Members the fees assessed to the Exchange by the designated
broker that will be managing the execution of these stock portions of
stock-option strategy orders. The Exchange notes that other exchanges
have likewise implemented fees for stock portions of stock-option
strategy order in response to their respective implementations of
stock-option strategy order functionality.\6\ Moreover, the proposed
fee is identical to fees assessed by other options exchanges, including
that of its affiliated exchange, Cboe Options, for stock legs executed
as a part of stock-option strategy orders.\7\
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    \5\ See Securities Exchange Act Release No. 86353 (July 11,
2019), 84 FR 34230 (July 17, 2019) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change To Add Stock-Option Order
Functionality and Complex Qualified Contingent Cross (``QCC'') Order
With Stock Functionality, and To Make Other Changes to its Rules)
(SR-CboeEDGX-2019-039).
    \6\ See Securities Exchange Act Release No. 85909 (May 21,
2019), 84 FR 24587 (May 28, 2019) (SR-EMERALD-2019-21); Securities
Exchange Act Release No. 83788 (August 7, 2018), 83 FR 40110 (August
13, 2018) (SR-MIAX-2018-18); and Securities Exchange Act Release No.
67383 (July 10, 2012), 77 FR 41841 (July 16, 2012) (SR-CBOE-2012-
063).
    \7\ See NASDAQ ISE Options Pricing Schedule, Section 4.12;
NASDAQ MRX Options Pricing Schedule, Section 4(1); MIAX Emerald Fee
Schedule, Section 1(a)(vi); MIAX Options Fee Schedule, Section
1(a)(x); and Cboe Options Fees Schedule, Stock Portion of Stock-
Option Strategy Orders (each exchange charges the same fee of
$0.0010 per share and capped at $50 per order). The Exchange notes
that at this time it does not have the functionality available to
impose a cap per order. The Exchange intends to have this
functionality in place by Quarter 1 of 2020. The Exchange also does
not believe that the absence of a cap prior to this timeframe will
impact market participants as the stock-option strategy
functionality will be new, thus large trades and large volume
executed through such orders will take some time to gain traction on
the Exchange, and, the Exchange notes that a majority of large
complex orders executed on the Exchange are currently executed
through its complex order auctions and QCC (including QCC with
stock). The fee codes appended to these order types do not impose a
cap.

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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6 of the Act,\8\ in general, and furthers the requirements
of Section 6(b)(4),\9\ in particular, as it is designed to provide for
the equitable allocation of reasonable dues, fees and other charges
among its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers. The Exchange also believes that
the proposed rule change is consistent with the objectives of Section
6(b)(5) requirements that the rules of an exchange be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest, and, particularly, is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that its proposed change to assess a charge
for stock portions of stock-option strategy orders processed and routed
through the Exchange transactions is consistent with Section 6(b)(4) of
the Act in that the proposal is reasonable, equitable and not unfairly
discriminatory. The Exchange believes the proposed stock handling fee
for stock-option orders is reasonable and equitable as the proposed fee
will cover the costs of developing and maintaining the systems that
allow for the matching and processing of the stock legs of stock-option
orders executed in the complex order book, as well as all fees charged
by the outside venue that prints the trade. The Exchange also believes
it is reasonable and equitable to largely pass through to the Member
any fees assessed by the routing broker-dealer utilized by the Exchange
with respect to the execution of the stock leg of any such order. The
Exchange notes that other exchanges assess the same fee for stock
components of stock option strategies for the purposes of covering
similar costs.\10\
---------------------------------------------------------------------------

    \10\ See supra note 6.
---------------------------------------------------------------------------

    The Exchange also believes that the proposed fee for the stock legs
of a stock-option strategy order is equitable and not unfairly
discriminatory because it will be uniformly applied to all Members that
execute stock-option orders in the complex order book on the Exchange.
As noted, the proposed fee is identical to fees assessed by other
options exchanges for stock legs executed as a part of stock-option
strategy orders.\11\ As such, stock-option strategy orders are
available on other options exchanges and participants can readily
direct order flow to another exchange if they deem other exchanges'
fees to be more favorable.
---------------------------------------------------------------------------

    \11\ See supra note 7.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe that the proposed rule change will impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Specifically, the Exchange does not believe that
the proposed change will impose any burden on intramarket competitions
that is not necessary or appropriate in furtherance of the purposes of
the Act because the proposed change will apply uniformly to the stock
portions of all market participants' stock-option strategy orders.
    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. As previously
discussed, the Exchange operates in a highly competitive market.
Members have numerous alternative venues that they may participate on
and direct their order flow, including 15 other options exchanges.
Based on publicly available information, no single options exchange has
more than 20% of the market share.\12\ Therefore, no exchange possesses
significant pricing power in the execution of option order flow. In
such an environment, the Exchange must continually adjust its fees to
remain competitive with other exchanges and to attract order flow to
the Exchange. The proposed fee is substantially similar to fees charged
for stock components of stock-option strategy orders by the Exchange's
affiliate, Cboe Options, and other competing exchanges,\13\ therefore,
the Exchange believes that the proposed rule change appropriately
reflects this competitive environment. Indeed, participants can readily
choose to send their orders to other exchanges, and, additionally off-
exchange venues, if they deem fee levels at those other venues to be
more favorable. Moreover, the Commission has repeatedly expressed its
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. Specifically,
in Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \14\ The fact
that this market is competitive has also long been recognized by the
courts. In NetCoalition v. Securities and Exchange Commission, the D.C.
Circuit stated as follows: ``[n]o one disputes that competition for
order flow is `fierce.' . . . As the SEC explained, `[i]n the U.S.
national market system, buyers and sellers of securities, and the
broker-dealers that act as their order-routing agents, have a wide
range of choices of where to route orders for execution'; [and] `no
exchange can afford to take its market share percentages for granted'
because `no exchange possesses a monopoly, regulatory or otherwise, in
the execution of order flow from broker dealers'. . ..''.\15\
Accordingly, the Exchange does not believe its proposed fee change
imposes any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \12\ See supra note 4.
    \13\ See supra note 6.
    \14\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \15\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
---------------------------------------------------------------------------

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)

of the Act \16\ and paragraph (f) of Rule 19b-4\17\ thereunder. 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 will institute proceedings to determine whether
the proposed rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeEDGX-2019-052 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-CboeEDGX-2019-052. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10 a.m. and 3 p.m.
Copies of 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. Persons submitting comments are cautioned that
we do not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
CboeEDGX-2019-052 and should be submitted on or before September 19,
2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-18634 Filed 8-28-19; 8:45 am]
 BILLING CODE 8011-01-P


Clean Harbors Environmental Services Response to US Environmental Protection Agency Questions on Molybdenum Data Submittal Submitted August 9,2883 Please describe the off site waste receipts other & an landfill wastewater, if any, that are ed in the biological system? I 1 ts that the Beer Park treatment sys ncineration facility operates a bio ses powdered activat on si&?, and to treat ! 50 gpm of combine ceive wastewater from the in step metals treatment system.

site is pumped from the leachate collection system to locations. The leachate is then pumped from the intermediate feed the PACT system. The site has a major groundwater hich removes groundwater contaminated with organics. The nd then transferred by pump to\ ondary containment areas is , groundwater, and stormwater ed in intermediate tan at feed the PACT system are ve contain a large amount of stor The PACT system is a combination of biological and carbon adsorption treatment. The system was pas a completely stirred reactor. The water from the aeration zone exits to the clarifier to the bottom and are removed to the sludge holding tank. Clarified In the past, the biological system has had effluent limitations based on organic constituents and solids ( TOC, TSS, various organics). However, the State of Texas has proposed an internal outfall for the PACT and applied the Centralized Wastewater Treatment ( CW) effluent guidelines to this system, based on the biological treatment guidelines. These guidelines include a standard for molybdenum. The facility investigated the PACT wastewater to determine if there is molybdenum in the system and found that the landfill leachate does contain molybdenum. Molybdenum is very difficult to treat ( does not respond to normal hydroxide precipitation or two step treatment) and is not treated at all in biological systems. In order to demonstrate that this is the case, samples of the influent and effluent from the PACT system were collected over a seven day period.

The compliance history for the facility for both Federal and State Permits ( old NPDES and TPDES) show that the facility has been in compliance for many years.

3' 4. Please provide the design basis for the existing treatment system compliance targets by polfutant parameter, flow rate, hydraulic residence time, organic load ( BOD5), mixed liquor suspended solids ( MLSS), FIM ratio, etc.). Please provide the individual flows for the leachate, ding tank receives each waste The design basis of the Zimpro astewater Treatment System is provided below:

Basis of Desicln: Influent PACT Effluent Flow ( GPD) 150,000 avg COD 1,200 60 BOD 400 20 TSS 100 20 Aeration Tank ( 77,500 gallons): Aerobic Sludge ( 24,000 gallons): Clarifier: Aeration Blowers: 1400 SCFM M LSS 7000 8100 Typical Rainwater ( CIWA) goes to tanks T 151,152,& 153. Ground water and leachate to T 150. Note: We have the capability of sending leachate to T 151 also, Le. when we have to clean out T 150. 300,000 peak \  HDT ( Nominal) 12.4 hrs HDT ( Nominal) 25 days Hydraulic Loading Rate 310 GPD/ Ft2 F/ M 0.2 0.5 i i I ' I i 6. Please provide data for other parameters. The Mo data alone is insufficient to assess the performance of the treatment system. For each sample date, please provide flow, BOD5, TSS, COD, TOC, all metals, and all organics. Specify grab or com te samples. What are the characteristics of your treatment system ( type of variability) supports using Mo grab les rather that composite samples for this assessment?

iod were analyzed for all of the Deer Park effluent parameters. The Attachment # 3 fluent to the system as it flows from the holding tank to the treated water exited the clarifier ( after solids separation). several hours of holding time in the PACT treatment system. r was from one holding tank and effluent wastewater actually only switched every 3 6 days, so this is normally not an issue.

new polyethylene containers and transported immediately to the scheduled for analysis by Inductively ater metals analysis for the discharge rs of experience with metals analysis in P method 6010 with supporting QNQC. thod used is the same as EPA method The samples were collec permits at the onsi water, wastewater Experienced chem 200.7.

The molybdenum data for the seven day period showed that molybdenum is not removed from the system. This data agrees with the basic science of metals treatment, which indicates that a biological or organics removal system will not remove any significant amount of molybdenum from the wastewater. This is typically true for molybdenum and other metals such as antimony, arsenic, etc. When the CWT effluent guidelines were determined, it is most likely that any molybdenum in the effluent was also present in the wastewater influent and passed through the treatment systems with little or no removal. A basic biological treatment system would require an advanced metals removal system to be installed before or after the system to treat heavy metals.

There are two days of data ( June 11 and 12) when the molybdenum level in the effluent was significantly higher than the effluent. On June 12, the feed tank was changed to a tank with a lower concentration of molybdenum. Thus, the influent ievel in the grab sample went down. The effluent concentration was higher as the new feed water had not been in the system long enough to lower the reactor concentration. This same situation in reverse can be seen in the June 7 and 8 data when the influent tevels jumped from 1.08 mg/ L to 4.34 mg/ L. The feed tank source was changed on June 8. The response in the effluent levels lagged for an additional day, while the mixed reactor received the new source water. This data cate that a reduction in molybdenum was occurring, but it was actually due to a feed  eight hours later, the levels in the effluent had increased to concentrations similar to uent level dropped, while the effluent remained high. The feed tank change The influent sample is being reanalyzed ( a duplicate as taken) and the 8. For the North & South landfill leachate samples, please provide data for other parameters, if available?

The operating condition ided in Attachment the wastewater treatment plant on the dates the samples were collected are T wast a \ nu N 0 0 ' l n n a t I  L in 0 ' 0 3 T  L s s w  L A  1: e n m CD 2 B cr v) 4 Attachment # 2 Mr. Richard Witliams Edorcement Division Database and Administration Team @ IC 224)

P. 8. Box 23887 Austin, Texas 7871 1 3087 Re: Discharge Monitoring Report NPDES Permit No. Txoo05941 . Clem Harbors Deer Park, LP F k e r l y Safety Kleen ( Deer Pan%;), 1. n~ I TEXAS COMMISSION ONEMONMENTAL 91T .

. .

Dear Mr. Williams:

Enclosed is the Discharge Monitoring Report for 83. There were no excursions of the reported discharge . limitations during this period.

K ~ Q U have any questions or comkekts, please Mimager, at ( 281) 930 24S2 or Technical Seni contact Timothy F. Kent, Senior Compliance ce Hu at ( 281) 930 2393.

Very truly yours,

Dennis G. wainwright c/

General Manager . . 03 06 043 . dm DGW/ sg Enclosure cc: Timothy P. Kent, Clean Harbors Deer Park, M. Grace Hu, Clean Harbors Deer Park, LP Lee Hoover, Clean Harbor5 Deer Park, LP Mail Receipt 7002 0860 0005 5014 6709 . . u.. .~ _,.. .= FI i ... r.:.?? I.,: . . .

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I I I I ! An employee owned company Min Grace Hu, PhD. Director of Laboratories Clean Harbors Deer Park L. P. P. 0. Box 609 Deer Park, Texas 77536 8 May 2003 PBS& J Job NO.: 470136.00 0301 PBSBrJ Login No.: 00305 109 .. Order For information Docket No.: VI 92 1198 Outfall 001 1 Deer Park Bear Dr. Hu:

Attached please find the report, and original records, on acute bioassays of Clean Harbors Deer Park L. P. Outfall 001 effluent. Based on the Critical Dilution, the effluent was not toxic to Mysidopsis bahia.

The Whole Effluent Toxicity tests reported herein were conducted according to the appropriate permit required EPA protocol and are in compliance with the National Environrnentai Laboratory Accreditation Conference ( NEMC) Standards.

Should you have any questions or comments, please do not hesitate to call.

Faust R. Parker, Jr., Ph. Laboratory Director FRP: ma Enclosure # Pages: Ltr f Environmentat Toxicology Laboratory 888 W. Sam Houston Pkwy S., Suite 110 5 Houston, Texas 77042 1917 0 Telephone: 713.977.1500 e Fax: 713.977.9233 www. pbsj. com ENVIRONMENTAL T OGY LABORATORY AC RBSbJ JOB NO. 470136.00 0301 >> .. . ENVIRONMENTAL TOXICOLOGY L( IBBORAT0RY / 1623 h ambient light;

l v d in accordance with the method stanaards or according to the exception( s) as noted:

EPA 48 hr Mysfdopsis bahia  QAU Form # 2335E Page 1 of 3 Acute Toxicity Test with Mysidopsfs bahia /

EPA 48 hr Mysidopsis babia p QAU Form # t 2335E T. C%; Initial' eview Page 2 of 3  PA 48 hr Mysidopsb bahia  QAU Form # 2335E Page 3 of 3 , . .

I STATISTICAL ANALYSIS ******* *********

TOTAL MEAN X COEF VAR 5.28 0.00' 0.00 5.28 0, oo 12 28 THE DATA NOT NORMALLY DISTRIBUTED.

THE NUMBER OF REPLICATES IS EQUAL; STEELS MANY ONE RANK TEST WILL BE USED.

RANK SUMS ************** ************** f****************************************

CONCENTRATION VALUE SIGNIFICANT EFFLUENT RAEJK SUM CRITICAL STATISTICALLY ********************* f************************************************~ 1 30.0 16.0 NO 8% El? 17% El? 30.0 16.0 NO 27.5 16.0 NO 23% EF 30% EF 30.0 16.0 NO 40% EP 19.5 NO ****************************************** . . . . . . . . . . . . . . . . . . . . . . . .

PBS& J Job NO. 470136.00 0301 PBS& J Login No. 0305109 . Mysidopsis bahia  48 Hours Copper in [ Cu( N03) 2]

m LCSO  Q Moving Average + Upper Control tirnit + Lower Control Limit \

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EWRONMENTAL I Clean Harbors Beer park, LP [ Formerly Safety Kkn peer Park), Inc.]

Enclosed is the Discharge Monitoring Reqort for October 2002. There ' opere no excursions of the reported discharge limitations during this period.

If you have any questions or comments, please do not hesitate to contact Timothy F: Kent, CQI@~ ZIUZ Manager, at ( 281) 930 2482 or Technical Services Manager, M. Grace Hu at ( 281) 930 2393.

Deds G. Wahwright GeneralManager .,

021 1 043. dg~ DGWh .

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tatistical Analyses, as. needed k tody Record( s) I I e( s), as needed , i 93 EPA 48 hr Mysidopsis bahia  QAU Fqrm # 2335E Page 4 of 3 ' Acute Toxicity Test with Mysidopsis bahia .

Comments: I' , EPA 48 hr Mysidopsis bahia  QAU Form # 2335E Page 3 of 3 % EF 30%

TOTAL 10.0 10.0 . 10.0 9 . 8 8.0 MEANX 1Q. 0 % SURVIVAL 180.0 L O O . 0 100  0 100.0 98.0 80.0 *************************~**************************************~*****~

THE ARCSINE SQUARE ROOT TRANSFORM WILL BE USED FOR STATISTICAL ASALIYSIS.

CSINE SQUARE ROOT COEFFI COEF VAR 0.00 0.00 0.90 0.00 5 . 2 8 8.23 T E$ DATA AWE NOT NORMaLLY DISTRIBUTED. I .

THE NUMBER OF REPLICATES IS EQUAL; STEELS M k Y  O N E RANK " XST WILL BE USED.

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2 PBS& J Job NO. 478136.00 0381 PBS& J Login No. 0208 182 ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... .  . . EJ L a o e Muving Average + Upper C ~ ~ t r e l Limit + bmrer Control Limit . .

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Reviewed by: S. Bunch 8/ 2612002 .

. . .. Mr. Richard Williams I I P. 0. Box 13087 I AUS~~ II, T ~ x ~ s 78711 3087 I I ,

DearMr. Williatms:

or Tecbnid Services Manager,

I 2027 BaFtleground Rod st Office Box 6Q9 Deer Park, Texas 77536 281.938.2300 Fax 281.930.231 . . . . . . . . . .......... . ..... . . . . . . . .. ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .... . . . ... . . . . . .  .. . . . . . , . . . . . . . . .. .. . . , . , .. I 2' P :

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[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 37994-37995]
[FR Doc No: 2015-16395]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 761

[EPA-HQ-RCRA-2011-0524; FRL_9929-92-OSWER]

Polychlorinated Biphenyls (PCBs): Revisions to Manifesting
Regulations; Item Number

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA or the Agency)
is issuing a technical amendment to correct references in the
regulations to the item number for the Special Handling Instructions
Box on the manifest form (EPA Form 8700-22). This document is being
issued to amend the regulations by correcting these references.

DATES: This final rule is effective on July 2, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-RCRA-2011-0524. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., 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 either electronically through
www.regulations.gov or in hard copy at the EPA Docket Center, EPA/DC,
WJC West Building, Room 3334, 1301 Constitution Ave. NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
RCRA Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Karen Swetland, U.S. Environmental
Protection Agency, Office of Resource Conservation and Recovery, (MC:
5304P), 1200 Pennsylvania Avenue NW., Washington, DC, 20460, Phone:
703-308-8421; or by email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action applies to generators, transporters, and designated
facilities (off-site disposal and commercial storage facilities)
managing PCB wastes. Potentially affected categories and entities
include, but are not necessarily limited to:

------------------------------------------------------------------------
                                                 Examples of potentially
        NAICS Description           NAICS Code      affected entities
------------------------------------------------------------------------
Electric Power Distribution......       221122  Generators of PCB waste.
Transportation and Warehousing...        48-49  Transportation of PCB
                                                 waste.
Waste Management and Remediation           562  Facilities that manage
 Services.                                       PCB waste.
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this section could also
be affected. The North American Industrial Classification System
(NAICS) codes have been provided to assist you and others in
determining whether this action might apply to certain entities. To
determine whether you or your business may be affected by this action,
you should carefully examine the applicability provisions in 40 Code of
Federal Regulations (CFR) part 761. If you have any questions regarding
the applicability of this action to a particular entity, consult the
person listed under the FOR FURTHER INFORMATION CONTACT section of this
document.

B. How can I get copies of this document and other related information?

    The current information is as follows:
     Docket ID No. EPA-HQ-RCRA-2011-0524.
     Federal eRulemaking Portal: http://www.regulations.gov.

II. What does this correction do?

    This technical amendment is being issued to correct the item number
reference for the Special Handling Instructions Box in 40 CFR part
761.207(a)(1), (2), and (3). EPA published a document in the Federal
Register on September 6, 2012 (77 FR 54818), revising Agency
regulations. That document incorrectly referenced Item 15 to identify
the Special Handling Instructions box on EPA Form 8700-22. This
technical amendment is being issued to amend the final rule by revising
Sec.  761.207(a)(1), (2), and (3) to correctly identify the item number
as 14.

III. Why is this correction issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a final rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this technical amendment
final without prior proposal and opportunity for comment, because EPA
is merely correcting information that was referenced incorrectly in the
previously published final rule. EPA

finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).

IV. Do any of the statutory and executive order reviews apply to this
action?

    Under Executive Order 12866 (58 FR 51735, October 4, 1993) and
Executive Order 13563 (76 FR 3821, January 21, 2011), this action is
not a ``significant regulatory action'' and is therefore not subject to
OMB review. Because this action is not subject to notice and comment
requirements under the Administrative Procedure Act or any other
statute, it is not subject to the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) or Sections 202 and 205 of the Unfunded Mandates Reform
Act (2 U.S.C. 1531-1538). In addition, this action does not
significantly or uniquely affect small governments. This action does
not create new binding legal requirements that substantially and
directly affect Tribes under Executive Order 13175 (65 FR 67249,
November 9, 2000). This action does not have significant Federalism
implications under Executive Order 13132 (64 FR 43255, August 10,
1999). Because this final rule has been exempted from review under
Executive Order 12866, this final rule is not subject to Executive
Order 13211, entitled Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001)
or Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., nor does it require any special considerations
under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994). This action does not
involve technical standards; thus, the requirements of Section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before certain actions may take effect, the agency
promulgating the action must submit a report, which includes a copy of
the action, to each House of the Congress and to the Comptroller
General of the United States. Because this final action does not
contain legally binding requirements, it is not subject to the
Congressional Review Act

List of Subjects in 40 CFR Part 761

    Environmental protection, Manifest, Polychlorinated biphenyls.

    Dated: June 22, 2015.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
    For the reasons stated in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:

PART 761--POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING,
PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS

0
1. The authority citation for part 761 continues to read as follows:

    Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616.

0
2. Amend Sec.  761.207 by revising paragraphs (a)(1), (a)(2) and (a)(3)
to read as follows:

Sec.  761.207  The manifest--general requirements.

    (a) * * *
    (1) For each bulk load of PCBs, the identity of the PCB waste, the
earliest date of removal from service for disposal, and the weight in
kilograms of the PCB waste. (Item 14--Special Handling Instructions
box)
    (2) For each PCB Article Container or PCB Container, the unique
identifying number, type of PCB waste (e.g., soil, debris, small
capacitors), earliest date of removal from service for disposal, and
weight in kilograms of the PCB waste contained. (Item 14--Special
Handling Instructions box)
    (3) For each PCB Article not in a PCB Container or PCB Article
Container, the serial number if available, or other identification if
there is no serial number, the date of removal from service for
disposal, and weight in kilograms of the PCB waste in each PCB Article.
(Item 14--Special Handling Instructions box)
* * * * *

[FR Doc. 2015-16395 Filed 7-1-15; 8:45 am]
BILLING CODE 6560-50-P