[Federal Register: April 1, 2008 (Volume 73, Number 63)]
[Proposed Rules]
[Page 17258-17260]
[DOCID:fr01ap08-10]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0376; Directorate Identifier 2007-NM-322-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 747-100, 747-200B, 747-
300, and 747SR Series 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
certain Boeing Model 747-100, 747-200B, 747-300, and 747SR series
airplanes that have been converted by Boeing to the Boeing Special
Freighter configuration. This proposed AD would require installation of
a closeout panel and moisture curtains for the main equipment center.
This proposed AD would also require changing the drain tubes for the
power drive units and the pitot static tubes and installing larger
moisture shrouds. This proposed AD results from a report of water
contamination in the electrical and electronic units in the main
equipment center. We are proposing this AD to prevent the malfunction
of one or more electrical and electronic units in the main equipment
center, which could adversely affect the airplane's continued safe
flight.

DATES: We must receive comments on this proposed AD by May 16, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Marcia Smith, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0376;
Directorate Identifier 2007-NM-322-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 water contamination in the electrical
and electronic units in the main equipment center. The water
contamination caused a central air data computer (CADC-2) and an air
data inertial reference unit (ADIRU-1) to malfunction with eight
cockpit indications of failure. When loading cargo in rain or snow
conditions, water can spill onto the main deck cargo floor and flow
through the power drive units (PDUs). If the amount of water exceeds
the drain capacity of the PDUs above the main equipment center, water
can spill onto the electrical and electronic units. This water
contamination could cause one or more of the approximately 80
electrical and electronic units to malfunction. The malfunction of one
or more electrical and electronic units in the main equipment center,
if not corrected, could adversely affect the airplane's continued safe
flight.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 747-25A3368,
Revision 1, dated June 25, 2007. The service bulletin describes
procedures for installing a closeout panel and moisture curtains to
protect the electrical and electronic units in the main equipment
center from water contamination.
    We have also reviewed Boeing Alert Service Bulletin 747-25A3346,
dated September 13, 2007. The service bulletin describes procedures for
changing the PDU drain tubes and pitot static tubes, and installing
larger moisture shrouds to provide additional protection from water
contamination. Operators should note that accomplishing the actions
specified in Boeing Alert Service Bulletin 747-25A3346 concurrently
with the actions specified in Boeing Alert Service Bulletin 747-25A3368
would necessitate less work than accomplishing the service bulletins at
different times.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the(se) same type
design(s). This proposed AD would require accomplishing the

actions specified in the service information described previously.

Clarification of Service Information

    Boeing Alert Service Bulletin 747-25A3346 specifies prior or
concurrent accomplishment of Boeing Alert Service Bulletin 747-25A3368,
dated August 25, 2005, or Revision 1, dated June 25, 2007. However,
this proposed AD would allow accomplishment of the original issue of
Boeing Alert Service Bulletin 747-25A3368 before the effective date of
the proposed AD only if the additional work specified in Revision 1 of
the service bulletin is accomplished.

Costs of Compliance

    We estimate that this proposed AD would affect 42 airplanes of U.S.
registry. The following table provides the estimated costs, at an
average labor rate of $80 per work hour, for U.S. operators to comply
with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                                       Cost per        U.S.-
            Action                Work hours           Parts           product       registered     Fleet cost
                                                                                airplanes
----------------------------------------------------------------------------------------------------------------
Installation for Boeing Alert  Up to 10........  Up to $11,672...  Up to $12,472..           42  Up to $523,824.
 Service Bulletin 747-25A3368.
Installation for Boeing Alert  Up to 62........  Up to $31,621...  Up to $36,581..           42  Up to
 Service Bulletin 747-25A3346.                                                                    $1,536,402.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866,
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979), 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.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Boeing: Docket No. FAA-2008-0376; Directorate Identifier 2007-NM-
322-AD.

Comments Due Date

    (a) We must receive comments by May 16, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-100, 747-200B, 747-300,
and 747SR series airplanes, certificated in any category, as
identified in Boeing Alert Service Bulletin 747-25A3346, dated
September 13, 2007; and Boeing Alert Service Bulletin 747-25A3368,
Revision 1, dated June 25, 2007.

    Note 1: The affected airplanes are those that have been
converted by Boeing to the Boeing Special Freighter configuration.

Unsafe Condition

    (d) This AD results from a report of water contamination in the
electrical and electronic units in the main equipment center. We are
issuing this AD to prevent the malfunction of one or more electrical
and electronic units in the main equipment center, which could
adversely affect the airplane's continued safe flight.

Compliance

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

Installation of Closeout Panel and Moisture Curtains

    (f) For the airplanes identified in Boeing Alert Service
Bulletin 747-25A3368, Revision 1, dated June 25, 2007: Within 24
months after the effective date of this AD, install the closeout
panel and moisture curtains for the main equipment center, by
accomplishing all of the applicable actions specified in the
Accomplishment Instructions of the service bulletin.

Installation of Larger Moisture Shrouds and Additional Drain Lines

    (g) For the airplanes identified in Boeing Alert Service
Bulletin 747-25A3346, dated September 13, 2007: Within 72 months
after the effective date of this AD, change the drain tubes for the
power drive units and the pitot static tubes and install larger
moisture shrouds, by accomplishing all of the applicable actions
specified in the Accomplishment Instructions of the service
bulletin.

    Note 2: Accomplishing the actions specified in Boeing Alert
Service Bulletin 747-25A3346 dated September 13, 2007, concurrently
with the actions specified in Boeing Alert Service Bulletin 747-
25A3368, Revision 1, dated June 25, 2007, would necessitate less
work than accomplishing the service bulletins at different times.

Credit for Actions Done According to Previous Issue of the Service
Bulletin

    (h) Actions done before the effective date of this AD in
accordance with Boeing Alert

Service Bulletin 747-25A3368, dated August 25, 2005, are acceptable
for compliance with the corresponding actions required by paragraph
(f) of this AD, provided that all of the additional work specified
in Boeing Alert Service Bulletin 747-25A3368, Revision 1, dated June
25, 2007, is accomplished in accordance with paragraph (f) of this
AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office, FAA,
ATTN: Marcia Smith, Aerospace Engineer, Cabin Safety and
Environmental Systems Branch, ANM-150S, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax (425)
917-6590; has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

    Issued in Renton, Washington, on March 24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-6613 Filed 3-31-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Notices]
[Pages 31410-31411]
[FR Doc No: 2012-12720]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67033; File No. SR-NYSEArca-2012-42]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca
Equities Rule 7.31(pp) To Change the Primary After 3:45 Order to a
Primary After 3:55 Order

May 21, 2012.
    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 May 10, 2012, 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 NYSE Arca Equities Rule 7.31(pp) to
change the Primary After 3:45 Order to a Primary After 3:55 Order. The
text of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and www.nyse.com.

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 NYSE Arca Equities Rule 7.31(pp) to
change the Primary After 3:45 Order to a Primary After 3:55 Order.
    Currently, the Primary After 3:45 Order can be entered for
participation on the Exchange until 3:45 p.m. Eastern Time (12:45 p.m.
Pacific Time), after which time the order is cancelled on the Exchange
and an order is entered for participation on the primary market. These
orders can be Day only and may not be designated as GTC or GTD. Any
such orders that are routed to the primary market at 3:45 p.m. Eastern
Time retail [sic] their original order attributes.
    The Exchange proposes to amend the rule to provide that such orders
can be entered for participation on the Exchange until 3:55 p.m.
Eastern Time (12:55 p.m. Pacific Time) instead of 3:45 p.m. Eastern
Time. As proposed the order type would be renamed the ``Primary After
3:55 Order.'' Other than the time change, the Exchange does not propose
any changes to the order type.
    The Exchange is proposing this time change to [sic] in order to
provide greater opportunity for ETP Holders that use this order type to
obtain an Exchange execution before it is routed to the primary market.
In particular, because the Exchange's rebate is currently higher than
those on the primary markets, the Exchange believes that providing a
longer opportunity for an execution on the Exchange would benefit ETP
Holders, while at the same time continuing to provide an opportunity
for such orders to be routed to the primary market in time for the
closing auction.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\4\ in general, and
furthers the objectives of Section 6(b)(5),\5\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest. The Exchange
believes that the proposed change to the Primary After 3:45 Order meets
these requirements because it will provide ETP Holders who use this
order type with a longer period that it would be possible to obtain an
execution on the Exchange before the order is routed to the primary
market.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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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.

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 foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(6) \7\
thereunder.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    NYSE Arca has asked the Commission to waive the 30-day operative
delay.\8\ NYSE Arca believes that implementing the proposed change to
the Primary After 3:45 Order type along with other technology changes
scheduled for May 28, 2012, will reduce customer confusion as customers
will only have to digest a single technology release for

Exchange order-type changes, as opposed to a series of technology
releases. The Commission finds that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest
because it will allow NYSE Arca to implement the proposed rule change
along with other technology changes, which should facilitate a more
seamless transition for members and customers alike. Accordingly, the
Commission designates the proposal operative upon filing.\9\
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    \8\ 17 CFR 240.19b-4(f)(6)(iii).
    \9\ For purposes only of waiving the 30-day operative delay, the
Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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    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-2012-42 on the subject line.
Paper Comments
     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2012-42. 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-2012-42 and should
be submitted on or before June 15, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-12720 Filed 5-24-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Notices]
[Pages 12405-12407]
[FR Doc No: 2013-04101]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68942; File No. SR-FINRA-2013-015]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Amend Section 4 of Schedule A to the FINRA By-
Laws To Adopt a Waiver Process for the Continuing Membership
Application Fee and Amend NASD Rules 1013 and 1017 To Provide for a
Refund of the Application Fee for the Withdrawal of a New Member or
Continuing Membership Application

February 15, 2013.
    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 February 5, 2013, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by the
Commission. 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\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to amend Section 4 of Schedule A to the FINRA
By-Laws to adopt a waiver process for the continuing membership
application fee where FINRA determines that the application is
proposing less significant changes that do not require substantial
staff review. The proposed rule change also would amend NASD Rules 1013
(New Member Application and Interview) and 1017 (Application for
Approval of Change in Ownership, Control, or Business Operations) to
provide for a refund of the application fee (less a $500 processing
fee) if a new member applicant or continuing membership applicant
withdraws an application within 30 days after filing the application.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Effective July 23, 2012, FINRA amended Section 4 of Schedule A to
its By-Laws to, among other things, assess a new fee for continuing
membership applications (``CMAs'').\4\ In light of comments raised on
the CMA fee, FINRA proposes to amend Section 4 of Schedule A to the
FINRA By-Laws to adopt a waiver process for the CMA fee where FINRA
determines that the CMA is proposing less significant changes that do
not require substantial staff review.\5\ The proposed rule change also
would amend NASD Rules 1013 (New Member Application and Interview) and
1017 (Application for Approval of Change in Ownership, Control, or
Business Operations) to refund the requisite application fee (less
$500, which shall be retained by FINRA as a processing fee) if an
applicant withdraws a new membership application (``NMA'') or CMA
within 30 days after filing the application.
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    \4\ See Securities Exchange Act Release No. 67240 (June 22,
2012), 77 FR 38694 (June 28, 2012) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2012-031). On July 23, 2012,
FINRA also made available a new Form CMA for optional use by
continuing membership applicants; applicants were required to use
Form CMA effective August 27, 2012. See Securities Exchange Act
Release No. 67484 (July 23, 2012), 77 FR 44298 (July 27, 2012)
(Notice of Filing and Immediate Effectiveness of SR-FINRA-2012-036).
    \5\ See also Letter from Philip Shaikun, Associate Vice
President and Associate General Counsel, FINRA, to Elizabeth M.
Murphy, Secretary, SEC, dated August 3, 2012, in response to
comments on SR-FINRA-2012-031 (indicating FINRA's intent to consider
a waiver program for the CMA fee).
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CMA Fee Waiver
    NASD Rule 1017 provides parameters for changes in a member's
ownership, control, or business operations that would require a CMA,\6\
and NASD Rule 1012 (General Provisions) requires an applicant filing a
CMA to submit an application fee pursuant to Schedule A to the FINRA
By-Laws. Section 4(i) of Schedule A to the FINRA By-Laws assesses
applicants a CMA fee ranging from $5,000 to $100,000 depending on the
number of registered persons associated (or to be associated) with the
applicant and the type of change in ownership, control, or business
operations being contemplated (merger, material change, ownership
change, transfer of assets, or acquisition). For instance, the fee
structure assesses a member with only one to ten registered persons a
fee ranging between $5,000 and $7,500, depending on the type of CMA,
whereas a member with 301 to 500 registered persons is assessed a fee
ranging between $10,000 and $30,000 depending on the type of CMA. This
tiered fee structure recognizes that more complex changes and larger
applicants generally require additional staff resources.
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    \6\ NASD Rule 1017(a) (Events Requiring an Application) requires
a member to file an application for approval of any of the following
changes to its ownership, control, or business operations: (1) A
merger of the member with another member, unless both are members of
the NYSE or the surviving entity will continue to be a member of the
NYSE; (2) a direct or indirect acquisition by the member of another
member, unless the acquiring member is a member of the NYSE; (3)
direct or indirect acquisitions or transfers of 25 percent or more
in the aggregate of the member's assets, or any asset, business, or
line of operation that generates revenues comprising 25 percent or
more in the aggregate of the member's earnings measured on a rolling
36-month basis, unless both the seller and the acquirer are members
of the NYSE; (4) a change in the equity ownership or partnership
capital of the member that results in one person or entity directly
or indirectly owning or controlling 25 percent or more of the equity
or partnership capital; or (5) a material change in business
operations as defined in NASD Rule 1011(k) (Material Change in
Business Operations). NASD Rule 1011(k) defines a ``material change
in business operations'' as including, but not limited to: (1)
Removing or modifying a membership agreement restriction; (2) market
making, underwriting, or acting as a dealer for the first time; and
(3) adding business activities that require a higher minimum net
capital under SEA [sic] Rule 15c3-1.
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    The proposed rule change would provide FINRA with flexibility to
grant a waiver of the CMA fee for those applications that propose less
significant changes to a member firm's

structure or operations. Specifically, FINRA proposes to amend Section
4(i) of Schedule A to the FINRA By-Laws to provide that FINRA shall
waive the CMA fee when FINRA determines that the CMA is proposing less
significant changes that do not require substantial staff review.
    A CMA qualifying for a fee waiver under this proposed rule change
may include, for example, a CMA where the proposed change does not make
any day-to-day changes in the applicant's business activities,
management, supervision, assets, or liabilities, and the applicant is
only proposing a change in the: (1) Applicant's legal structure (e.g.,
changing from a corporation to an LLC); (2) equity ownership,
partnership capital, or other ownership interest in an applicant held
by a corporate legal structure that is due solely to a reorganization
of ownership or control of the applicant within the corporate legal
structure (e.g., reorganizing only to add a holding company to the
corporate legal structure's ownership or control chain of the
applicant); or (3) percentage of ownership interest or partnership
capital of an applicant's existing owners or partners resulting in an
owner or partner owning or controlling 25 percent or more of the
ownership interest or partnership and that owner or partner has no
disclosure or disciplinary issues in the preceding five years.
    In addition, a CMA may qualify for a fee waiver pursuant to the
proposed rule change if it is filed by an applicant in connection with
a direct or indirect acquisition or transfer of 25 percent or more in
the aggregate of the applicant's assets or any asset, business, or line
of operation that generates revenues composing 25 percent or more in
the aggregate of the applicant's earnings measured on a rolling 36-
month basis where the applicant also is ceasing operations as a broker
or dealer (including filing a Form BDW with the SEC). There also must
be either: (1) No pending or unpaid settled customer related claims
(including, but not limited to, pending or unpaid settled arbitration
or litigation actions) against the applicant or any of its associated
persons; or (2) pending or unpaid settled customer related claims
(including, but not limited to, pending or unpaid settled arbitration
or litigation actions) against the applicant or its associated persons,
but the applicant demonstrates in the CMA its ability to satisfy in
full any unpaid customer related claim (e.g., sufficient capital or
escrow funds, proof of adequate insurance for customer related claims).
    The proposed changes in business operations outlined above are
examples of changes that may qualify for a CMA fee waiver pursuant to
the proposed rule change.\7\ Other proposed changes in business
operations also may qualify for a fee waiver pursuant to the proposed
rule change. FINRA's determination to waive a fee for a particular CMA
will depend on the individual facts and circumstances.
---------------------------------------------------------------------------

    \7\ FINRA expects that the proposed changes in business
operations outlined above typically will not be significant and will
not require substantial staff review. However, whether FINRA grants
a fee waiver under the proposed rule change will depend on the
individual facts and circumstances of each CMA.
---------------------------------------------------------------------------

    An applicant seeking a waiver of the CMA fee would submit its
request to FINRA's Department of Member Regulation in writing as part
of the supporting documentation submitted with the applicant's Form
CMA. Form CMA's Standard 1 (Overview of the Applicants) instructs the
applicant to attach enumerated types of supporting documents. A waiver
request would most appropriately be attached in response to the request
for ``[a]ny other documentation that would be pertinent to FINRA's
review of this Standard.''
NMA and CMA Fee Refund
    FINRA also proposes to amend NASD Rules 1013 and 1017 to provide
that if an applicant withdraws a NMA or CMA within 30 days after filing
the application, FINRA shall refund the application fee, less $500
which shall be retained by FINRA as a processing fee. The proposed rule
change also clarifies that, if the applicant determines to again seek
membership or apply for approval of a change in ownership, control, or
business operations, the applicant must submit a new NMA or CMA (under
NASD Rule 1013 or NASD Rule 1017, as applicable) and requisite
application fee pursuant to Schedule A to the FINRA By-Laws.
    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, so FINRA can implement the proposed rule change
immediately.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\8\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change is
consistent with Section 15A(b)(6) of the Act in that it would establish
a waiver process for the CMA fee for those applications that seek less
significant changes. The proposed rule change also would provide a
refund (subject to a processing fee) of the requisite application fee
to an applicant withdrawing a NMA or CMA within 30 days after filing
the application. Both the CMA fee waiver process and the NMA and CMA
fee refunds provide relief for new member and continuing membership
applicants where the demands on FINRA resources are less significant.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The CMA fee waiver process will
provide FINRA with the flexibility to grant a waiver of the CMA fee for
those applications that propose less significant changes to a member
firm's structure or operations. The proposed rule change also would
provide a refund (subject to a processing fee) of the requisite
application fee to an applicant withdrawing a NMA or CMA within 30 days
after filing the application. Accordingly, both the CMA fee waiver
process and the NMA and CMA fee refunds reduce members' potential
regulatory costs by providing relief for new member and continuing
membership applicants where the demands on FINRA resources are less
significant.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section

19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    FINRA has requested that the Commission waive the 30-day operative
delay to permit the proposed rule change to become operative
immediately. The Commission finds that waiver of the operative delay is
consistent with the protection of investors and the public interest
because the waiver will enable members submitting applications that
propose less significant changes to receive an immediate waiver of the
CMA fees, and would also enable members withdrawing applications to
receive an immediate refund of certain application fees. Therefore, the
Commission designates the proposal operative effectively.\11\
---------------------------------------------------------------------------

    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has 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-FINRA-2013-015 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2013-015. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at principal office of FINRA. 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-FINRA-2013-015, and should
be submitted on or before March 15, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-04101 Filed 2-21-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 23, 2009 (Volume 74, Number 34)]
[Rules and Regulations]
[Page 7999-8000]
[DOCID:fr23fe09-3]

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DEPARTMENT OF TRANSPORTATION

14 CFR Part 97

[Docket No. 30648; Amdt. No. 3305]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective February 23, 2009. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 23, 2009.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability--All SIAPs are available online free of charge. Visit
http://nfdc.faa.gov to register. Additionally, individual SIAP and
Takeoff Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in an FDC or NOTAM as an
emergency action of immediate flight safety relating directly to
published aeronautical charts. The circumstances which created the need
for all these SIAP amendments requires making them effective in less
than 30 days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on January 9, 2009.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal Regulations, Part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, and
97.35  [Amended]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs.

--------------------------------------------------------------------------------------------------------------------------------------------------------
        FDC date               State               City                  Airport          FDC No.                          Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5343  ILS OR LOC RWY 32L, AMDT 2A
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5344  RNAV (GPS) RWY 10, AMDT 3
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5345  ILS OR LOC RWY 32R, AMDT 21C
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5346  RNAV (GPS) RWY 32R, AMDT 1A
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5347  RNAV (GPS) Y RWY 22L, ORIG-B
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5348  RNAV (GPS) Z RWY 22L, ORIG-A
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5349  ILS OR LOC RWY 4R, AMDT 6J
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5350  ILS OR LOC RWY 22R, AMDT 7F
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5351  RNAV (GPS) RWY 28, AMDT 2
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5352  ILS OR LOC RWY 22L, AMDT 4G
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5353  RNAV (GPS) RWY 4L, AMDT 1A
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5354  RNAV (GPS) RWY 4R, ORIG-B
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5356  RNAV (GPS) RWY 14L, AMDT 1A
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5357  RNAV (GPS) RWY 14R, AMDT 1A
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5359  RNAV (GPS) RWY 22R, AMDT 1A
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5360  RNAV (GPS) RWY 32L, AMDT 2B
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5361  LOC RWY 4L, AMDT 20A
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5366  ILS OR LOC RWY 10, ILS RWY 10 (CAT II), ILS RWY 10
                                                                                (CAT III), AMDT 16
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5367  ILS OR LOC RWY 14L, ILS RWY 14L (CAT II), ILS RWY
                                                                                14L (CAT III), AMDT 29A
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5368  ILS OR LOC RWY 14R, ILS RWY 14R (CAT II), ILS RWY
                                                                                14R (CAT III), AMDT 30A
 12/24/08...............  IL              CHICAGO..............  CHICAGO-O'HARE INTL...     8/5369  ILS OR LOC RWY 28, ILS RWY 28 (CAT II), ILS RWY 28
                                                                                (CAT III), AMDT 15
 10/22/08...............  NY              NEW YORK.............  JOHN F. KENNEDY.......     8/5517  ILS OR LOC RWY 13L, ILS RWY 13L (CAT II) AMDT 16A
 12/31/09...............  AZ              TUCSON...............  RYAN FIELD............     8/5894  ILS OR LOC RWY 6R, AMDT 5B
 01/02/09...............  OR              PORTLAND.............  PORTLAND INTL.........     9/0041  ILS OR LOC RWY 28L, AMDT 1
 01/02/09...............  NV              RENO.................  RENO/TAHOE INTL.......     9/0043  ILS OR LOC/DME RWY 34L, ORIG
 01/02/09...............  WY              WORLAND..............  WORLAND MUNI..........     9/0048  VOR OR GPS RWY 16, AMDT 5B
 01/05/09...............  NY              POUGHKEEPSIE.........  DUTCHESS COUNTY.......     9/0152  VOR/DME RWY 24, AMDT 4
 01/05/09...............  WA              SPOKANE..............  SPOKANE INTL..........     9/0219  ILS OR LOC/DME RWY 21, ILS RWY 21 (CAT II), ILS RWY
                                                                                21 (CAT III), AMDT 21
 01/05/09...............  OR              NORTH BEND...........  SOUTHWEST OREGON           9/0224  TAKE-OFF MINIMUMS AND (OBSTACLE) DP, AMDT 4A
                                                                  REGIONAL.
 01/05/09...............  WY              RIVERTON.............  RIVERTON REGIONAL.....     9/0228  ILS OR LOC RWY 28, AMDT 1B
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. E9-3003 Filed 2-20-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Notices]
[Page 44557]
[FR Doc No: 2013-17732]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM12-4-001]

Revision to Transmission Vegetation Management Reliability
Standard; Notice of Compliance Filing

    Take notice that on July 12, 2013, the North American Electric
Reliability Corporation (NERC), pursuant to Order No. 777 \1\ submitted
a compliance filing: (1) Providing a description of NERC's plan to
conduct testing to develop empirical data regarding the flashover
distances between conductors and vegetation; (2) modifying the
Violation Risk Factor for Requirement R2; and (3) confirming NERC has
posted guidance materials for NERC Reliability Standard FAC-003-2 to
its Web site.
---------------------------------------------------------------------------

    \1\ Revisions to Reliability Standard for Transmission
Vegetation Management, Order No. 777, 142 FERC ] 61,208 (2013).
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive 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>.
    Comment Date: 5:00 p.m. Eastern Time on August 7, 2013.

    Dated: July 17, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-17732 Filed 7-23-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Proposed Rules]
[Pages 36258-36261]
[FR Doc No: 2015-15398]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1983; Directorate Identifier 2015-NM-020-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 737-100, -200, -200C, -300, -400, and -500
series airplanes. This proposed AD was prompted by a report of a crack
of the forward leg of the left front spar lower chord and cracks on the
lower wing skin at three fastener holes common to the nacelle outboard
side load fitting. This proposed AD would require repetitive
inspections for cracks on the front spar lower chord, inspar skin, and
wing skin, and corrective action if necessary. We are proposing this AD
to detect and correct fatigue cracking of the forward leg of the front
spar lower chord, inspar skin, and wing skin common to the nacelle
outboard side load fitting, which could adversely affect the structural
integrity of the wing.

DATES: We must receive comments on this proposed AD by August 10, 2015.

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 proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 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 2015-
1983.

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-2015-
1983; 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: Alan Pohl, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax:
425-917-6590; 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-2015-1983;
Directorate Identifier 2015-NM-020-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 received a report of a crack on the forward leg of the left
front spar lower chord at wing buttock line (WBL) 177. The front spar
lower chord was removed, repaired, and reinstalled. Upon additional
inspection of the repaired spar chord installation, cracks were also
discovered on the lower wing

skin at three fastener holes common to the nacelle outboard side load
fitting at WBL 198.6. These cracks were identified on an airplane that
had accumulated 57,617 total flight cycles. Metallurgical analysis of
the chord determined that cracks initiated at fastener holes and were
propagated by operating load fatigue. The analysis found no anomalies
that could have contributed to the cracking. Fatigue cracking of the
forward leg of the left front spar lower chord, inspar skin, and lower
wing skin common to the nacelle outboard side load fitting, if not
corrected, could adversely affect the structural integrity of the wing.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-57A1323, dated
December 5, 2014. The service information describes procedures for
repetitive inspections for cracks on the left and right wing front spar
lower chord, inspar skin, and wing skin and corrective action if
necessary. 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 of this
NPRM.

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 accomplishing the actions specified
in the service information described previously, except as discussed
under ``Differences Between this Proposed AD and the Service
Information.'' Refer to this service information for details on the
procedures and compliance times.
    The phrase ``corrective actions'' is used in this proposed AD.
``Corrective actions'' are actions that correct or address any
condition found. Corrective actions in an AD could include, for
example, repairs.

Differences Between This Proposed AD and the Service Information

    Boeing Alert Service Bulletin 737-57A1323, dated December 5, 2014,
specifies to contact the manufacturer for instructions on how to repair
certain conditions, but this proposed AD would require repairing those
conditions in one of the following ways:
     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.
    For Group 2 and 3 airplanes identified in Boeing Alert Service
Bulletin 737-57A1323, dated December 5, 2014, paragraph (h) of this
proposed AD specifies repeating the detailed inspection for cracks on
the left and right wing front spar lower chord and inspar skin
inspection, except in areas repaired in accordance with the procedures
specified in paragraph (k) of this AD.

Explanation of Required for Compliance (RC) Steps in Service
Information

    The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(ARC), to enhance the AD system. One enhancement was a new process for
annotating which steps in the service information are required for
compliance with an AD. Differentiating these steps from other tasks in
the service information is expected to improve an owner's/operator's
understanding of crucial AD requirements and help provide consistent
judgment in AD compliance. The steps identified as RC (required for
compliance) in any service information identified previously have a
direct effect on detecting, preventing, resolving, or eliminating an
identified unsafe condition.
    For service information that contains steps that are labeled as
Required for Compliance (RC), the following provisions apply: (1) 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,
and an AMOC is required for any deviations to RC steps, including
substeps and identified figures; and (2) 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.

Costs of Compliance

    We estimate that this proposed AD affects 331 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection (28 Group 2           7 work[dash]hours x $85              $0  $595 per            $16,660 per
 airplanes).                      per hour = $595 per                      inspection cycle.   inspection cycle.
                                  inspection cycle.
Inspection and fastener          Up to 94                              0  Up to $7,990 per    Up to $2,412,980
 installation (302 Group 3        work[dash]hours x $85                    inspection cycle.   per inspection
 airplanes).                      per hour = $7,990 per                                        cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the actions specified for the Group 1 airplane in
this proposed AD.
    We also have received no definitive data that would enable us to
provide cost estimates for the on-condition actions specified in this
proposed AD.

Authority for This Rulemaking

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

is within the scope of that authority because it addresses an unsafe
condition that is likely to exist or develop on products identified in
this rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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-2015-1983; Directorate Identifier
2015-NM-020-AD.

(a) Comments Due Date

    We must receive comments by August 10, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any
category.

 (d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report of a crack in the forward leg
of the left front spar lower chord and cracks on the lower wing skin
at three fastener holes common to the nacelle outboard side load
fitting. We are issuing this AD to detect and correct fatigue
cracking of the forward leg of the front spar lower chord, inspar
skin, and wing skin common to the nacelle outboard side load
fitting, which could adversely affect the structural integrity of
the wing.

(f) Compliance

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

(g) Inspections and Corrective Actions for Group 1 Airplanes

    For Group 1 airplanes identified in Boeing Alert Service
Bulletin 737-57A1323, dated December 5, 2014: Within 120 days after
the effective date of this AD, do inspections of the left and right
wing front spar lower chord and inspar skin, and the left and right
wing nacelle outboard side load fitting fastener holes common to the
front spar lower chord and skin, and do all applicable corrective
actions, using a method approved in accordance with the procedures
specified in paragraph (k) of this AD.

(h) Repetitive Detailed Inspections and Corrective Actions

    For Group 2 and 3 airplanes identified in Boeing Alert Service
Bulletin 737-57A1323, dated December 5, 2014: Except as provided by
paragraph (j)(1) of this AD, at the applicable time specified in
Table 1 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 737-57A1323, dated December 5, 2014, do a detailed
inspection for cracks on the left and right wing front spar lower
chord and inspar skin, and do all applicable corrective actions, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-57A1323, dated December 5, 2014, except as
specified in paragraph (j)(2) of this AD. Do all applicable
corrective actions before further flight. Repeat the inspection
thereafter at the applicable interval specified in Table 1 of
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
737-57A1323, dated December 5, 2014, except in areas repaired in
accordance with the procedures specified in paragraph (k) of this
AD.

(i) Repetitive High Frequency Eddy Current (HFEC) Inspections and
Corrective Actions

    For Group 3 airplanes identified in Boeing Alert Service
Bulletin 737-57A1323, dated December 5, 2014: Except as provided by
paragraph (j)(1) of this AD, at the applicable time specified in
Table 2 or Table 3 of paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 737-57A1323, dated December 5, 2014, do the
actions specified in paragraphs (i)(1) or (i)(2) of this AD. Repeat
the inspection specified in either paragraph (i)(1) or (i)(2) of
this AD thereafter at the applicable interval specified in Table 2
or Table 3 of paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin737-57A1323, dated December 5, 2014.
    (1) Do an HFEC open hole probe inspection for cracks of the left
and right wing nacelle outboard side load fitting fastener holes
common to the front spar lower chord and skin, and perform all
applicable corrective actions, in accordance with Part 2, Option 1
of the Accomplishment Instructions of Boeing Alert Service Bulletin
737-57A1323, dated December 5, 2014, except as provided by paragraph
(j)(2) of this AD. Do all applicable corrective actions before
further flight.
    (2) Do an HFEC surface probe inspection for cracks in the wing
inspar skin, and perform all applicable corrective actions, in
accordance with Part 2, Option 2 of the Accomplishment Instructions
of Boeing Alert Service Bulletin 737-57A1323, dated December 5,
2014, except as provided by paragraph (j)(2) of this AD. Do all
applicable corrective actions before further flight.

(j) Exceptions to Service Information Specifications

    (1) Where paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 737-57A1323, dated December 5, 2014, specifies a
compliance time ``after the original issue date of this service
bulletin,'' this AD requires compliance within the specified
compliance time ``after the effective date of this AD.''
    (2) Although Boeing Alert Service Bulletin 737-57A1323, dated
December 5, 2014, specifies to contact Boeing for repair
instructions, and specifies that action as ``RC'' (Required for
Compliance), this AD requires repair before further flight using a
method approved in accordance with the procedures specified in
paragraph (k) of this AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (l)(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 required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
that has been authorized by the Manager, Los Angeles ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) Except as required by paragraph (j)(2) of this AD: For
service information that

contains steps that are labeled as Required for Compliance (RC), the
provisions of paragraphs (k)(4)(i) and (k)(4)(ii) 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. 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

(l) Related Information

    (1) For more information about this AD, contact Alan Pohl,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 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 June 12, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-15398 Filed 6-23-15; 8:45 am]
 BILLING CODE 4910-13-P


  SEQ CHAPTER \h \r 1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION I

5 POST OFFICE SQUARE, SUITE 100

BOSTON, MASSACHUSETTS 02109-3912

MEMORANDUM

SUBJECT:	Tribal Consultation: Maine Water Quality Standards

Penobscot Nation Tribal Boundaries

FROM:	Michael Stover, EPA Region 1 Indian Program Manager

TO:		file

DATE: 	March 31, 2016

On Thursday, September 10 2015 from 9:00am – 10:00pm, a conference
call was held with the Penobscot Indian Nation regarding tribal
boundaries as they relate to the application of water quality standards
pertaining to waters in Indian lands in Maine. Present on the conference
call were:

Chief Kirk Francis, Penobscot Indian Nation

John Banks, Natural Resources Director, Penobscot Indian Nation

Dan Kusnierz, Water Program Manager, Penobscot Indian Nation

Mark Chavaree, Tribal Attorney, Penobscot Indian Nation

Kaign Smith, Drummond Woodsum Attorney (Penobscot Indian Nation)

Gordon Kenny, Mapetsi Policy Group Attorney (Penobscot Indian Nation)

John Harte, Mapetsi Policy Group Attorney (Penobscot Indian Nation)

Debbie Ho, Mapetsi Policy Group Attorney (Penobscot Indian Nation)

H. Curtis Spalding, Regional Administrator, EPA Region 1

Deb Szaro, Deputy Regional Administrator, EPA Region 1

Carl Dierker, Director, Office of Regional Counsel, EPA Region 1

Tim Williamson, Deputy Director, Office of Regional Counsel, EPA Region
1

Ken Moraff, Director, Office of Ecosystem Protection, EPA Region 1

Ralph Abele, Water Quality Branch Chief, EPA Region 1

Jeanne Voorhees, Water Quality Standards Coordinator, EPA Region 1

Matt Hoagland, Branch Chief, Wetlands, EPA Region 1

Michael Stover, Indian Program Manager, EPA Region 1

Tod Siegal, Office of General Council, EPA Headquarters

Andrew Baca, American Indian Environmental Office, EPA Headquarters

Claudia Fabiano, Office of Water, EPA Headquarters

Bella Wollitz, Office of the Solicitor, Bureau of Indian Affairs

During the conference call, the Regional Administrator explained that
EPA seeks the Nation’s input on how EPA will factor tribal boundary
information as EPA moves forward in preparing for promulgation of water
quality standards pertaining to waters in Indian lands in Maine.

The Regional Administrator then provided the background and status of
the water quality standards issue: EPA issued three sets of disapprovals
to the State on February 2nd, March 16th and June 5th. The Clean Water
Act requires EPA to promulgate federal standards if water quality
disapprovals are unaddressed for more than 90 days. The 90-day period
expired for all three sets of decisions. However, EPA has communicated
to the state that EPA’s strong preference is for the State to address
the issues by making the necessary revisions to its standards, and EPA
is willing to work with the state beyond that 90-day period if the state
is diligently working to put protective criteria in place. The Regional
Administrator indicated that EPA has an upcoming meeting with the state
DEP on September 21, 2015 to discuss the State’s plans to address some
or all of the issues EPA identified in our decisions.

The Regional Administrator explained that as a backstop, in the event
DEP decides not to move forward to address these issues, or is unable to
do so for reasons beyond its control, EPA needs to have a process in
place that will ensure a timely remedy to the issues identified in
EPA’s decisions. Therefore, EPA has initiated a federal promulgation
process to address the issues identified by EPA’s disapprovals. EPA is
moving forward with proposing protective standards pertaining to waters
in Indian lands in Maine, and seeks to have this discussion with the
Nation regarding tribal boundaries that may become the geographical
basis for proposing such protective standards.

EPA then relayed to the Nation that while EPA understands there are
islands within the Penobscot River whose ownership is disputed, EPA’s
setting of protective water quality standards would apply to waters in
the main stem of the Penobscot River, under the assumption that the
Tribe’s reservation includes waters at least to the thread of the
river, from Indian Island northward to the confluence of the east and
west branches, and that for the scope of this action, tributaries of the
Penobscot River would not be included in the analysis. The Nation took
no exception with this approach.

The Penobscot Nation thanked the Regional Administrator for EPA’s
support in protecting the Tribe’s sustenance fishing rights and uses.

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