[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Notices]
[Pages 1157-1159]
[FR Doc No: 2019-00568]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-1387]

Safety and Performance Based Pathway; Guidance for Industry and
Food and Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a final guidance entitled ``Safety and Performance
Based Pathway,'' which was previously issued in draft version entitled
``Expansion of the Abbreviated 510(k) Program: Demonstrating
Substantial Equivalence Through Performance Criteria.'' This final

guidance provides FDA's current thinking on using performance criteria
to demonstrate substantial equivalence for premarket notification
(510(k)) submissions. The intent of the final guidance is to describe
an optional program for certain well understood device types, where a
submitter could demonstrate that a new device meets FDA-identified
performance criteria instead of directly comparing the performance of
the new device to a specific, submitter-identified predicate device as
part of a demonstration of substantial equivalence.

DATES: The announcement of the guidance is published in the Federal
Register on February 1, 2019.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-D-1387 for ``Safety and Performance Based Pathway; Guidance
for Industry and Food and Drug Administration Staff.'' Received
comments will be placed in the docket and, except for those submitted
as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the guidance document entitled
``Safety and Performance Based Pathway'' to the Office of the Center
Director, Guidance and Policy Development, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002 or Office of
Communication, Outreach and Development, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your request.

FOR FURTHER INFORMATION CONTACT: Sonja Fulmer, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5451, Silver Spring, MD 20993-0002,<PHONE_NUMBER>;
or Stephen Ripley, Center for Biologics Evaluation and Research, Food
and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301,
Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA has explained and clarified, through the guidance entitled
``The 510(k) Program: Evaluating Substantial Equivalence in Premarket
Notifications [510(k)],'' \1\ how it makes substantial equivalence
decisions under section 513(i)(1)(A) of the Federal, Food, Drug, and
Cosmetic Act (FD&C Act) (21 U.S.C. 360c(i)(1)(A)). Substantial
equivalence is rooted in comparisons between new devices and predicate
devices. However, the FD&C Act does not preclude FDA from using
performance criteria to facilitate this comparison. If a legally
marketed device performs at certain levels relevant to its safety and
effectiveness, and a new device meets those levels of performance for
the same characteristics, FDA could find the new device as safe and
effective as the legally marketed device. Instead of reviewing data
from direct comparison testing between the two devices, FDA could
support a finding of substantial equivalence with data demonstrating
the new device meets the level of performance of an appropriate
predicate device(s). Under the approach expanded in this guidance, a
submitter could

satisfy the requirement to compare its device with a legally marketed
device by, among other things, independently demonstrating conformance
to all performance criteria necessary to support a finding of
substantial equivalence for a device type established in FDA guidance,
rather than using direct predicate comparison testing for some of the
performance characteristics.
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    \1\ Available at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/UCM284443.
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    Use of objective performance criteria developed for this approach
may promote predictability and consistency in the review of 510(k)
submissions, thereby reducing burdens on the Agency and possibly review
times on individual submissions. At the same time, this approach
satisfies the statutory standard for demonstrating substantial
equivalence. The reviews of Safety and Performance Based Pathway 510(k)
submissions remain subject to the same timeframes as Traditional 510(k)
submissions, but FDA anticipates that faster review timeframes may be
possible for the Safety and Performance Based Pathway 510(k)
submissions. As a result, this pathway is intended to promote the
public health by helping patients gain more timely access to new
medical devices that are high quality, safe, and effective. Moreover,
as FDA stated in its April 2018 Medical Device Safety Action Plan,\2\
this approach would provide an opportunity for device developers to
demonstrate that their product meets these modern performance criteria
as well as the ability to do so in a more straightforward and efficient
manner than under the traditional 510(k) Pathway. Through this more
transparent approach, FDA may drive greater market competition to
develop safer devices. Manufacturers would be able to demonstrate that
their products meet established performance criteria (including those
related to safety), and thus, may be able to more readily demonstrate
that their products perform equivalent to or better than other devices
on the market (including that they are safer).
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    \2\ ``Medical Device Safety Action Plan: Protecting Patients,
Promoting Public Health,'' April 2018, available at https://www.fda.gov/downloads/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CDRH/CDRHReports/UCM604690.pdf.
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    FDA considered comments received on the draft guidance entitled
``Expansion of the Abbreviated 510(k) Program: Demonstrating
Substantial Equivalence Through Performance Criteria'' that appeared in
the Federal Register of April 12, 2018 (83 FR 15847). FDA has changed
the name of this draft guidance to the ``Safety and Performance Based
Pathway'' and revised it as appropriate in response to the comments
received. Among others, FDA received comments requesting additional
clarity on the device types that will be appropriate for the Safety and
Performance Based Pathway and how the performance criteria will be
developed. FDA intends to maintain a list of device types appropriate
for the Safety and Performance Based Pathway on the FDA website.
Additionally, industry and other stakeholders may suggest device types
for which FDA should consider establishing performance criteria, by for
example, identifying products for which there are comprehensive FDA-
recognized consensus standards. FDA also welcomes evidence-based
suggestions on what the performance criteria should be for such device
types. FDA intends to develop performance criteria for appropriate
device types through guidance in accordance with the good guidance
practices regulation (Sec.  10.115), which includes an opportunity for
FDA to receive input from stakeholders.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance
practices regulation (Sec.  10.115). The guidance represents the
current thinking of FDA on the ``Safety and Performance Based
Pathway.'' It does not establish any rights for any person and is not
binding on FDA or the public. You can use an alternative approach if it
satisfies the requirements of the applicable statutes and regulations.
This guidance is not subject to Executive Order 12866.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
downloading an electronic copy from the internet. A search capability
for all Center for Devices and Radiological Health guidance documents
is available at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. This
guidance document is also available at https://www.regulations.gov or
https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm. Persons unable to
download an electronic copy of ``Safety and Performance Based Pathway''
may send an email request to<EMAIL_ADDRESS>to receive an
electronic copy of the document. Please use the document number 17046
to identify the guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information. These collections of information are subject to review by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21
CFR 807, subpart E have been approved under OMB control number 0910-
0120.

    Dated: January 15, 2019.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2019-00568 Filed 1-31-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: December 15, 2008 (Volume 73, Number 241)]
[Notices]
[Page 76023-76024]
[DOCID:fr15de08-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

December 10, 2008.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP00-500-007.
    Applicants: Chandeleur Pipe Line Company.
    Description: Chandeleur Pipe Line Co submits Sixth Revised Sheet 73
to FERC Gas Tariff, Second Revised Volume 1.
    Filed Date: 12/08/2008.
    Accession Number: 20081210-0091.
    Comment Date: 5 p.m. Eastern Time on Monday, December 22, 2008.

    Docket Numbers: RP09-39-001.
    Applicants: Kinder Morgan Interstate Gas Trans. LLC.
    Description: Kinder Morgan Interstate Gas Transmission LLC submits
Sub. First Revised Sheet et al. part of its FERC Gas Tariff, Fourth
Revised Volume 1-A.
    Filed Date: 12/05/2008.
    Accession Number: 20081208-0553.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 17, 2008.

    Docket Numbers: RP09-135-000.
    Applicants: Transcontinental Gas Pipeline Corporation.
    Description: Transcontinental Gas Pipe Line Corp submits the Forty-
Third Revised Sheet 28 to its FERC Gas Tariff, Third Revised Volume 1,
to be effective 12/1/08.
    Filed Date: 12/04/2008.
    Accession Number: 20081208-0403.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 16, 2008.

    Docket Numbers: RP09-136-000.
    Applicants: Midcontinent Express Pipeline LLC.
    Description: Midcontinent Express Pipeline, LLC Original Sheet 1 et
al. to FERC Gas Tariff, Original Volume 1, to be effective 3/1/09.
    Filed Date: 12/04/2008.
    Accession Number: 20081208-0404.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 16, 2008.

    Docket Numbers: RP09-137-000.
    Applicants: Northern Natural Gas Company.
    Description: Petition of Northern Natural Gas Co for limited waiver
of tariff provisions.
    Filed Date: 12/05/2008.
    Accession Number: 20081208-0402.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 17, 2008.

    Docket Numbers: RP09-138-000.
    Applicants: Questar Overthrust Pipeline Company.
    Description: Questar Overthrust Pipeline Co submits Third Revised
Sheet 4 et al. to FERC Gas Tariff, Second Revised Volume 1-A.
    Filed Date: 12/05/2008.
    Accession Number: 20081208-0401.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 17, 2008.

    Docket Numbers: RP09-139-000.
    Applicants: Dominion Cove Point LNG, LP.
    Description: Dominion Cove Point LNG, LP submits Tenth Revised
Sheet

11 et al. of its FERC Gas Tariff, Original Volume 1.
    Filed Date: 12/05/2008.
    Accession Number: 20081208-0552.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 17, 2008.

    Docket Numbers: RP09-140-000.
    Applicants: Wyoming Interstate Company, Ltd.
    Description: Wyoming Interstate Company, Ltd submits Second Revised
Sheet 42A to FERC Gas Tariff 2R2.
    Filed Date: 12/05/2008.
    Accession Number: 20081208-0549.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 17, 2008.

    Docket Numbers: RP09-141-000.
    Applicants: Columbia Gulf Transmission Company.
    Description: Columbia Gulf Transmission Company submits Ninth
Revised Sheet 1 to FERC Gas Tariff 1R2.
    Filed Date: 12/05/2008.
    Accession Number: 20081208-0548.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 17, 2008.

    Docket Numbers: RP09-142-000.
    Applicants: Columbia Gas Transmission Corporation.
    Description: Columbia Gas Transmission Corporation submits Eight
Revised Sheet 1 to FERC Gas Tariff 1R2.
    Filed Date: 12/05/2008
    Accession Number: 20081208-0547.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 17, 2008.

    Docket Numbers: RP09-143-000.
    Applicants: Texas Eastern Transmission, L.P.
    Description: Texas Eastern Transmission, LP submits request that
the Commission acknowledge that the capacity release posting and
bidding requirements are unnecessary for negotiated fuel caps
associated with the service agreements, etc.
    Filed Date: 12/05/2008.
    Accession Number: 20081208-0546.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 17, 2008.

    Docket Numbers: RP09-144-000.
    Applicants: El Paso Natural Gas Company.
    Description: El Paso Natural Gas Company submits Second Revised
Volume 1A to its FERC Gas Tariff, effective 2/1/09.
    Filed Date: 12/05/2008.
    Accession Number: 20081208-0554.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 17, 2008.

    Docket Numbers: RP09-145-000.
    Applicants: Wyoming Interstate Company, Ltd.
    Description: Wyoming Interstate Co, Ltd submits Sixth Revised Sheet
4D et al. to FERC Gas Tariff, Second Revised Volume 2, to be effective
12/22/08.
    Filed Date: 12/08/2008.
    Accession Number: 20081210-0093.
    Comment Date: 5 p.m. Eastern Time on Monday, December 22, 2008.

    Docket Numbers: RP09-146-000.
    Applicants: Wyoming Interstate Company, Ltd.
    Description: Wyoming Interstate Co, Ltd submits two Firm
Transportation Service Agreements with Williams Gas Marketing, Inc et
al. and Eleventh Revised Sheet 1 to its FERC Gas Tariff, Second Revised
Volume 2, to be effective 12/22/08.
    Filed Date: 12/08/2008.
    Accession Number: 20081210-0092.
    Comment Date: 5 p.m. Eastern Time on Monday, December 22, 2008.

    Docket Numbers: RP09-147-000.
    Applicants: Southern Natural Gas Company.
    Description: Southern Natural Gas Co submits Seventeenth Revised
Sheet 2 et al. to FERC Gas Tariff, Seventh Revised Volume 1, to be
effective 1/9/09.
    Filed Date: 12/08/2008.
    Accession Number: 20081210-0094.
    Comment Date: 5 p.m. Eastern Time on Monday, December 22, 2008.

    Docket Numbers: CP07-32-007.
    Applicants: Gulf South Pipeline Company, L.P.
    Description: Gulf South Pipeline Company, L.P., submits Second Sub
Fourteenth Revised Sheet No. 20 et al., to FERC Gas Tariff, Sixth
Revised Volume No. 1, to be effective 5/27/08.
    Filed Date: 12/03/2008.
    Accession Number: 20081205-0029.
    Comment Date: 5 p.m. Eastern Time on Monday, December 22, 2008.

    Docket Numbers: CP09-28-000.
    Applicants: Transcontinental Gas Pipe Line Corporation.
    Description: Application of City of Alexander City, Alabama for
order permitting and approving abandonment of service re
Transcontinental Gas Pipe Line Corporation.
    Filed Date: 12/04/2008.
    Accession Number: 20081208-0555.
    Comment Date: 5 p.m. Eastern Time on Monday, December 22, 2008.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E8-29620 Filed 12-12-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: July 28, 2008 (Volume 73, Number 145)]
[Proposed Rules]
[Page 43648-43652]
[DOCID:fr28jy08-13]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0071; Directorate Identifier 2006-SW-27-AD]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada Model
222, 222B, 222U, 230, and 430 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes superseding an existing airworthiness
directive (AD) for Bell Helicopter Textron Canada (BHTC) helicopters.
That AD currently requires certain checks and inspections of the tail
rotor blades. If a crack is found, the existing AD requires replacing
the tail rotor blade (blade) with an airworthy blade before further
flight. This action would require the same checks and inspections until
they are required to be replaced and would remove certain serial
numbered and specifically coded tail rotor blades from the
applicability of the AD. This proposal is prompted by the approved
rework of certain tail rotor blades and two newly redesigned tail rotor
blades, which, if installed, constitutes terminating action for the
inspection requirements. The actions specified by the proposed AD are
intended to detect a crack in a blade, and to prevent loss of a blade
and subsequent loss of control of the helicopter.

DATES: Comments must be received on or before September 26, 2008.

ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD:
     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.
    You may get the service information identified in this proposed AD
from Bell Helicopter Textron Canada, 12,800 Rue

de l'Avenir, Mirabel, Quebec J7J1R4, telephone<PHONE_NUMBER> or (800)
363-8023, fax<PHONE_NUMBER>.
    You may examine the comments to this proposed AD in the AD docket
on the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety
Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group,
Fort Worth, Texas 76193-0111, telephone<PHONE_NUMBER>, fax (817) 222-
5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any written data, views, or arguments
regarding this proposed AD. Send your comments to the address listed
under the caption ADDRESSES. Include the docket number ``FAA-2008-0071,
Directorate Identifier 2006-SW-27-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light 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
with FAA personnel concerning this proposed rulemaking. Using the
search function of the docket Web site, you can find and read the
comments to any of our dockets, including the name of the individual
who sent or signed the comment. You may review the DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477-19478).

Examining the Docket

    You may examine the docket that contains the proposed AD, any
comments, and other information in person at the Docket Management
System (DMS) Docket Office between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5527) is located in Room W12-140 on the ground floor of the West
Building at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

Discussion

    On February 10, 2005, we issued AD 2005-04-09, Amendment 39-13981
(70 FR 8021, February 17, 2005), that superseded AD 2004-26-11,
Amendment 39-13923 (70 FR 7, January 3, 2005), to require the
following:
     Within 3 hours time-in-service (TIS), and thereafter at
intervals not to exceed 3 hours TIS, clean and visually check both
sides of each blade for a crack in the area around the tail rotor
feathering bearing. An owner/operator (pilot) may perform this check.
Pilots may perform the checks required by paragraph (a) of this AD
because they require no tools, can be done by observation, and can be
done equally well by a pilot or a mechanic. However, the pilot must
enter compliance with these requirements into the helicopter
maintenance records by following 14 CFR 43.11 and 91.417(a)(2)(v).
     Within 50 hours TIS, and thereafter at intervals not to
exceed 50 hours TIS, clean and inspect both sides of each blade for a
crack using a 10X or higher magnifying glass.
     If a crack is found in the blade paint during a visual
check or inspection, further inspect the blade as follows, before
further flight:
     Remove the blade. Remove the paint to the bare metal in
the area of the suspected crack by using plastic metal blasting (PMB)
or a nylon web abrasive pad and abrading the blade surface in a span-
wise direction only. (The AD incorrectly used the word ``metal''
instead of ``media''.)
     Using a 10X or higher power magnifying glass, inspect the
blade for a crack.
     If a crack is found, replace the blade with an airworthy
blade before further flight.
     If no crack is found in the blade surface, refinish the
blade by applying one coat of epoxy polyamide primer, MIL-P-23377 or
MIL-P-85582, so that the primer overlaps the existing coats just beyond
the abraded area. Let the area dry for 30 minutes to 1 hour. Then,
apply one sealer coat of polyurethane, MILC85285 TYI CL2, color number
27925 (semi-gloss white), per Fed. Std. 595, and reinstall the blade.
That action was prompted by reports of cracked blades that were found
during scheduled inspections. The requirements of that AD are intended
to detect a crack in a blade, and to prevent loss of a blade and
subsequent loss of control of the helicopter.
    AD 2005-04-09 required the same checks and inspections as AD 2004-
26-11, but also expands the applicability of AD 2004-26-11 to include
two additional helicopter serial numbers.
    Since issuing AD 2005-04-09, BHTC has introduced a rework procedure
for the affected tail rotor blades and two new part numbered tail rotor
blades that eliminates the need for the recurring checks and
inspections.
    Transport Canada, the airworthiness authority for Canada, notified
the FAA that an unsafe condition may exist on the specified BHTC model
helicopters. Transport Canada advises of the discovery of cracked
blades during scheduled inspections on three occasions. Two cracks
originated from the outboard feathering bearing bore underneath the
flanged sleeves. The third crack started from the inboard feathering
bearing bore. Investigation found that the cracks originated from
either a machining burr or a corrosion site in the bearing bore
underneath the flanged sleeves.
    BHTC has issued Alert Service Bulletin (ASB) No. 222-04-100,
Revision B, for Model 222 and 222B helicopters; ASB No. 222U-04-71,
Revision B, for Model 222U helicopters; ASB No. 230-04-31, Revision B,
for Model 230 helicopters; and ASB No. 430-04-31, Revision C, for Model
430 helicopters, all dated March 31, 2008. The ASBs specify a visual
inspection of the blade root end around the feathering bearings for a
crack, not later than at the next scheduled inspection, and thereafter
at every 3 flight hours maximum. Further, they describe a visual
inspection for a crack, to include removing the blade from the
helicopter if a crack is found in the paint, within the next 50 flight
hours, and thereafter at every 50 flight hours. In addition, the ASBs
state that, on or before December 31, 2008, each blade should be
reworked by Rotor Blades, Inc., or exchanged if the blade has less than
4,000 hours TIS or if the blade has 4,000 or more hours TIS, the blade
should continue to be repetitively inspected or a replacement blade
should be ordered. Transport Canada classified these ASBs as mandatory
and issued AD CF-2004-21R3, dated April 23, 2008, to ensure the
continued airworthiness of these helicopters in Canada.
    This proposal differs from the ASB in that it would require, on or
before 90 days after the effective date of the AD, replacing all
affected tail rotor blades with airworthy tail rotor blades that are
not subject to the proposed inspection requirements, without
differentiating between blades based on hours TIS. Additionally,
operators are not required to send their tail rotor blade to Rotor
Blades, Inc. for rework.
    These helicopter models are manufactured in Canada and are type
certificated for operation in the United States under the provisions of
14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the
applicable bilateral agreement, Transport Canada

has kept the FAA informed of the situation described above. The FAA has
examined the findings of Transport Canada, reviewed all available
information, and determined that AD action is necessary for products of
these type designs that are certificated for operation in the United
States.
    This previously described unsafe condition is likely to exist or
develop on other helicopters of the same type designs. Therefore, the
proposed AD would supersede AD 2005-04-09, and would apply as follows:

------------------------------------------------------------------------
                                Helicopter serial
       Helicopter model             No. (S/N)       Blade part No. (P/N)
------------------------------------------------------------------------
222...........................  47006 through      222-016-001-123, -
                                 47089.             123M, -127, -127M, -
                                                    131, -135, -139M, -
                                                    141M, except those P/
                                                    Ns with S/Ns listed
                                                    in Exceptions 1 and
                                                    2 or the ``R'' code
                                                    described in
                                                    Exception 3.
222B..........................  47131 through      222-016-001-123, -
                                 47156.             123M, -127, -127M, -
                                                    131, -135, -139M, -
                                                    141M, except those P/
                                                    Ns with S/Ns listed
                                                    in Exceptions 1 and
                                                    2 or the ``R'' code
                                                    described in
                                                    Exception 3.
222U..........................  47501 through      222-016-001-123, -
                                 47574.             123M, -131, -139M,
                                                    except those P/Ns
                                                    with a S/N listed in
                                                    Exception 2 or the
                                                    ``R'' code described
                                                    in Exception 3.
230...........................  23001 through      222-016-001-123, -
                                 23038.             123M, -131, -139M,
                                                    except those P/Ns
                                                    with a S/N listed in
                                                    Exception 2 or the
                                                    ``R'' code described
                                                    in Exception 3.
430...........................  49001 through      222-016-001-123, -
                                 49107.             123M, -131, -139M,
                                                    except those P/Ns
                                                    with a S/N listed in
                                                    Exception 2 or the
                                                    ``R'' code described
                                                    in Exception 3.
------------------------------------------------------------------------

    Exception 1: Blade, P/N 222-016-001-135 or -141M, S/N A-1502, A-
1503, A-1504, A-1505, A-1507, A-1508, A-1509, A-1510, A-1556, A-1557,
A-1558, A-1560, A-1561, A-1574, A-1635, A-1636, A-1828, A-1829, and S/
Ns with a prefix of ``A'' and a number greater than 1829 have the
intent of this proposal accomplished prior to delivery and no further
action is required by this proposed AD.
    Exception 2: Blade, P/N 222-016-001-131 and -139M, S/N A-2049, A-
2055, A-2060, A-2070, A-2071, A-2085, and S/Ns with a prefix of ``A''
and a number greater than 2085 have the intent of this proposal
accomplished prior to delivery and no further action is required by
this proposed AD.
    Exception 3: Blades identified with an ``R'' code in the square
block below the P/N field of the Data Plate have already been modified
and no further actions are required by this proposed AD.

    Note 1: New blades, P/N 222-016-001-139 and -141, with no letter
on the Data Plate after the P/N, are not subject to the requirements
of this proposed AD.

    The proposed AD would require the following:
     Within 3 hours TIS, unless accomplished previously, and
thereafter at intervals not to exceed 3 hours TIS, clean and visually
check both sides of each blade for a crack in the area around the tail
rotor feathering bearing. An owner/operator (pilot) holding at least a
private pilot certificate may perform this check. Pilots may perform
the checks required by paragraph (a) of this proposed AD because they
require no tools, can be done by observation, and can be done equally
well by a pilot or a mechanic. However, the pilot must enter compliance
with these requirements into the helicopter maintenance records by
following 14 CFR 43.11 and 91.417(a)(2)(v).
     Within 50 hours TIS, and thereafter at intervals not to
exceed 50 hours TIS, clean and inspect both sides of each blade for a
crack using a 10X or higher magnifying glass.
     If a crack is found in the blade paint during a visual
check or inspection, further inspect the blade as follows, before
further flight:
     Remove the blade. Remove the paint to the bare metal in
the area of the suspected crack by using plastic media blasting (PMB)
or a nylon web abrasive pad and abrading the blade surface in a span-
wise direction only.
     Using a 10X or higher power magnifying glass, inspect the
blade for a crack.
     If a crack is found, replace the blade with an airworthy
blade before further flight.
     If no crack is found in the blade surface, refinish the
blade by applying one coat of epoxy polyamide primer, MIL-P-23377 or
MIL-P-85582, so that the primer overlaps the existing coats just beyond
the abraded area. Let the area dry for 30 minutes to 1 hour. Then,
apply one sealer coat of polyurethane, MILC85285 TYI CL2, color number
27925 (semi-gloss white), per Fed. Std. 595, and reinstall the blade.
    Replacing an affected part-numbered blade with a blade that has a
S/N that is not subject to or has been excepted from the requirements
of this AD, or that has an ``R'' code in the square block below the P/N
field of the Data Plate, would be considered a terminating action for
the requirements of this proposed AD.
    We estimate that this proposed AD would affect 156 helicopters of
U.S. registry, and the proposed actions would require:
     Approximately 0.25 work hour for a pilot check, and 2 work
hours for a maintenance inspection, at an average labor rate of $80 per
work hour;
     Approximately 6 work hours to remove and replace the
blade; and
     Parts, which would cost an estimated $13,410 per blade,
assuming one blade per helicopter is replaced each year.
    Based on these figures, we estimate the total cost impact of the
proposed AD on U.S. operators to be $3,090,360, assuming each
helicopter would require 200 pilot checks and 12 maintenance
inspections prior to replacing a blade on or before the compliance date
for all affected helicopters.

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. Additionally, 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 that the 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.
    We prepared a draft economic evaluation of the estimated costs to
comply with this proposed AD. See the DMS to examine the draft economic
evaluation.

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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by removing Amendment 39-13981 (70 FR
8021, February 17, 2005), and by adding a new airworthiness directive
(AD), to read as follows:

Bell Helicopter Textron Canada: Docket No. FAA-2008-0071;
Directorate Identifier 2006-SW-27-AD. Supersedes AD 2005-04-09,
Amendment 39 13981, Docket No. FAA-2005-20107.

    Applicability: The following helicopter models, with a listed
helicopter serial number (S/N) and a listed part-numbered tail rotor
blade (blade) installed, that does not have an excepted S/N or code,
certificated in any category.

------------------------------------------------------------------------
       Helicopter model           Helicopter S/N    Blade part No. (P/N)
------------------------------------------------------------------------
222...........................  47006 through      222-016-001-123, -
                                 47089.             123M, -127, -127M, -
                                                    131, -135, -139M, -
                                                    141M, except those P/
                                                    Ns with S/Ns listed
                                                    in Exceptions 1 and
                                                    2 or the ``R'' code
                                                    described in
                                                    Exception 3.
222B..........................  47131 through      222-016-001-123, -
                                 47156.             123M, -127, -127M, -
                                                    131, -135, -139M, -
                                                    141M, except those P/
                                                    Ns with S/Ns listed
                                                    in Exceptions 1 and
                                                    2 or the ``R'' code
                                                    described in
                                                    Exception 3.
222U..........................  47501 through      222-016-001-123, -
                                 47574.             123M, -131, -139M,
                                                    except those P/Ns
                                                    with a S/N listed in
                                                    Exception 2 or the
                                                    ``R'' code described
                                                    in Exception 3.
230...........................  23001 through      222-016-001-123, -
                                 23038.             123M, -131, -139M,
                                                    except those P/Ns
                                                    with a S/N listed in
                                                    Exception 2 or the
                                                    ``R'' code described
                                                    in Exception 3.
430...........................  49001 through      222-016-001-123, -
                                 49107.             123M, -131, -139M,
                                                    except those P/Ns
                                                    with a S/N listed in
                                                    Exception 2 or the
                                                    ``R'' code described
                                                    in Exception 3.
------------------------------------------------------------------------

    Exception 1: Blade, P/N 222-016-001-135 or -141M, S/N A-1502, A-
1503, A-1504, A-1505, A-1507, A-1508, A-1509, A-1510, A-1556, A-1557,
A-1558, A-1560, A-1561, A-1574, A-1635, A-1636, A-1828, A-1829, and S/
Ns with a prefix of ``A'' and a number greater than 1829 have the
intent of this proposal accomplished prior to delivery and no further
action is required by this AD.
    Exception 2: Blade, P/N 222-016-001-131 and -139M, S/N A-2049, A-
2055, A-2060, A-2070, A-2071, A-2085, and S/Ns with a prefix of ``A''
and a number greater than 2085 have the intent of this proposal
accomplished prior to delivery and no further action is required by
this AD.
    Exception 3: Blades identified with an ``R'' code in the square
block below the P/N field of the Data Plate have already been modified
and no further actions are required by this AD.

    Note 1: New blades, P/N 222-016-001-139 and -141, with no letter
on the Data Plate after the P/N, are not subject to the requirements
of this AD.

    Compliance: Required as indicated.
    To detect a crack in a blade, and to prevent loss of the blade and
subsequent loss of control of the helicopter, accomplish the following:
    (a) Within 3 hours time-in-service (TIS), unless accomplished
previously, and thereafter at intervals not to exceed 3 hours TIS,
clean and visually check both sides of each blade for a crack in the
paint in the areas shown in Figure 1 of this AD. An owner/operator
(pilot), holding at least a private pilot certificate, may perform this
visual check and must enter compliance with this paragraph into the
helicopter maintenance records by following 14 CFR sections 43.11 and
91.417(a)(2)(v).

[GRAPHIC] [TIFF OMITTED] TP28JY08.035

    Note 2: Bell Helicopter Textron Alert Service Bulletin (ASB) No.
222-04-100, Revision B, for Model 222 and 222B helicopters; ASB No.
222U-04-71, Revision B, for Model 222U helicopters; ASB No. 230-04-
31, Revision B, for Model 230 helicopters; and ASB No. 430-04-31,
Revision C, for Model 430 helicopters, all dated March 31, 2008,
pertain to the subject of this AD.

    (b) If the visual check required by paragraph (a) of this AD
reveals a crack in the paint, before further flight, remove the blade
and follow the requirements in paragraphs (c)(2) through (c)(3)(ii) of
this AD.
    (c) Within the next 50 hours TIS, unless accomplished previously,
and thereafter at intervals not to exceed 50 hours TIS, clean the blade
by wiping down both surfaces of each blade in the inspection area
depicted in Figure 1 of this AD using aliphatic naphtha (C-305) or
detergent (C-318) or an equivalent. Using a 10X or higher power
magnifying glass, visually inspect both sides of the blade in the areas
depicted in Figure 1 of this AD.
    (1) If a crack is found, even if only in the paint, before further
flight, remove the blade from the helicopter and proceed with the
following:
    (2) Remove the paint on the blade down to the bare metal in the
area of the suspected crack by using plastic media blasting (PMB) or a
nylon web abrasive pad. Abrade the blade surface in a span-wise
direction only.

    Note 3: PMB may cause damage to helicopter parts if untrained
personnel perform the paint removal. BHT-ALL-SPM, chapter 3,
paragraph 3-24, pertains to the subject of this AD.

    (3) Using a 10X or higher power magnifying glass, inspect the blade
for a crack.
    (i) If a crack is found, replace the blade with an airworthy blade
before further flight.
    (ii) If no crack is found in the blade surface, refinish the blade
by applying one coat of epoxy polyamide primer, MIL-P-23377 or MIL-P-
85582, so that the primer overlaps the existing coats just beyond the
abraded area. Let the area dry for 30 minutes to 1 hour. Then, apply
one sealer coat of polyurethane, MILC85285 TYI CL2, color number 27925
(semi-gloss white), per Fed. Std. 595. Reinstall the blade.

    Note 4: BHT-ALL-SPM, chapter 4, pertains to painting the blade.

    (d) On or before 90 days after the effective date of this AD,
replace any affected serial-numbered blade with an airworthy blade that
has a S/N that is not subject to, or has been excepted from, the
requirements of this AD. Installing an airworthy blade that is not
subject to the requirements of this AD, or has been excepted from the
requirements of this AD, including those blades with an ``R'' code in
the square block below the part number field of the Data Plate,
constitute a terminating action for the requirements of this AD.
    (e) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Manager, Safety Management Group, FAA, ATTN: Sharon Miles,
Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and
Policy Group, Fort Worth, Texas 76193-0111, telephone<PHONE_NUMBER>,
fax<PHONE_NUMBER>, for information about previously approved
alternative methods of compliance.

    Note 5: The subject of this AD is addressed in Transport Canada
(Canada) AD CF-2004-21R3, dated April 23, 2008.

    Issued in Fort Worth, Texas, on June 26, 2008.
Lance T. Gant,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E8-17261 Filed 7-25-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: July 19, 2010 (Volume 75, Number 137)]
[Notices]
[Page 41858]
[DOCID:fr19jy10-63]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of FERC Staff Attendance at the Southwest Power Pool ICT
Stakeholder Policy Committee Meeting

July 12, 2010.
    The Federal Energy Regulatory Commission hereby gives notice that
members of its staff may attend the meeting noted below. Their
attendance is part of the Commission's ongoing outreach efforts.
    ICT Stakeholder Policy Committee Meeting
    July 21, 2010 (1 p.m.-5 p.m.), Sheraton North Houston, 15700 John
F. Kennedy Blvd., Houston, TX 77032,<PHONE_NUMBER>.
    The discussions may address matters at issue in the following
proceedings:

Docket No. OA07-32...........  Entergy Services, Inc.
Docket No. OA08-59...........  Entergy Services, Inc.
Docket No. EL00-66...........  Louisiana Public Service Commission v.
                                Entergy Services, Inc.
Docket No. EL01-88...........  Louisiana Public Service Commission v.
                                Entergy Services, Inc.
Docket No. EL07-52...........  Louisiana Public Service Commission v.
                                Entergy Services, Inc.
Docket No. EL08-51...........  Louisiana Public Service Commission v.
                                Entergy Services, Inc.
Docket No. EL09-43...........  Arkansas Public Service Commission v.
                                Entergy Services, Inc.
Docket No. EL10-55...........  Louisiana Public Service Commission v.
                                Entergy Services, Inc.
Docket No. EL10-65...........  Louisiana Public Service Commission v.
                                Entergy Services, Inc.
Docket No. ER05-1065.........  Entergy Services, Inc.
Docket No. ER07-682..........  Entergy Services, Inc.
Docket No. ER07-956..........  Entergy Services, Inc.
Docket No. ER08-767..........  Entergy Services, Inc.
Docket No. ER08-1056.........  Entergy Services, Inc.
Docket No. ER09-636..........  Entergy Services, Inc.
Docket No. ER09-1224.........  Entergy Services, Inc.
Docket No. ER10-794..........  Entergy Services, Inc.
Docket No. ER10-879..........  Entergy Services, Inc.
Docket No. ER10-1350.........  Entergy Services, Inc.
Docket No. ER10-1367.........  Entergy Services, Inc.
Docket No. ER10-1676.........  Entergy Services, Inc.

    These meetings are open to the public.
    For more information, contact Patrick Clarey, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (317) 249-
5937 or<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. 2010-17550 Filed 7-16-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Notices]
[Pages 41124-41126]
[FR Doc No: 2018-17738]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83830; File No. SR-ISE-2018-66]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Exchange's Schedule of Fees Relating to Crossing Orders and Responses
to Crossing Orders in Index Options on the Nasdaq 100 Reduced Value
Index

August 13, 2018.
    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 1, 2018, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the Exchange's Schedule of Fees to
provide further explanation on how the Exchange charges Crossing Orders
and Responses to Crossing Orders in index options on the Nasdaq 100
Reduced Value Index (``NQX'').
    The text of the proposed rule change is available on the Exchange's
website at http://ise.cchwallstreet.com/, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant 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 recently adopted transaction fees and rebates for
adding or removing liquidity from ISE (i.e., maker/taker fees and
rebates) in NQX options, which apply to executions in both the regular
and complex order book, according to the following schedule: \3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 83639 (July 16,
2018) (SR-ISE-2018-61).

------------------------------------------------------------------------
                                            Maker  fee/     Taker  fee/
           Market participant                 rebate          rebate
------------------------------------------------------------------------
Market Maker............................         ($0.25)           $0.00
Market Maker (for orders sent by                  (0.25)            0.00
 Electronic Access Members).............
Non-Nasdaq ISE Market Maker (FarMM).....            0.25            0.25
Firm Proprietary/Broker-Dealer..........            0.25            0.25
Professional Customer...................            0.25            0.25
Priority Customer.......................            0.00            0.00
------------------------------------------------------------------------

    In SR-ISE-2018-61, the Exchange stated that the above pricing would
apply to all executions in NQX, including Non-Priority Customer \4\
Crossing Orders \5\ in NQX. The Exchange now proposes to clarify that
the taker fee applies to Crossing Orders (i.e., both the originating
and contra side of the order) in NQX as well as responses to such
orders by noting the following in Section III.B: ``Fee will also apply
to the originating and contra side of Crossing Orders, and to Responses
to Crossing Orders.'' \6\
---------------------------------------------------------------------------

    \4\ ``Non-Priority Customers'' include Market Makers, Non-Nasdaq
ISE Market Makers, Firm Proprietary/Broker-Dealers, and Professional
Customers.
    \5\ A ``Crossing Order'' is an order executed in the Exchange's
Facilitation Mechanism, Solicited Order Mechanism, Price Improvement
Mechanism (PIM) or submitted as a Qualified Contingent Cross order.
For purposes of the fee schedule, orders executed in the Block Order
Mechanism are also considered Crossing Orders.
    \6\ ``Responses to Crossing Order'' is any contra-side interest
submitted after the commencement of an auction in the Exchange's
Facilitation Mechanism, Solicited Order Mechanism, Block Order
Mechanism or PIM.
---------------------------------------------------------------------------

    The Exchange does not seek to amend the manner in which Crossing
Orders in NQX and responses thereto are currently charged, rather the
Exchange

seeks to more clearly state in its Schedule of Fees that taker pricing
applies for such orders. While the Exchange is not aware of any member
confusion with respect to this fee, the Exchange believes this
specificity will help preclude any potential confusion in how its fees
will apply.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\8\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees, and other
charges among members and issuers and other persons using any facility,
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed language relating to the
application of taker fees to Crossing Orders and Responses to Crossing
Orders in NQX is reasonable because the proposed rule text will bring
greater transparency to the manner in which the Exchange charges NQX
orders submitted in ISE's various crossing mechanisms. As discussed
above, the Exchange charges members the applicable taker fee to both
the originating and contra side of Crossing Orders in NQX as well
charging the NQX taker pricing for Responses to Crossing Orders. The
Exchange believes it is reasonable and appropriate to charge taker and
not maker pricing for these orders because the Exchange seeks to
encourage market making activity in NQX by providing the $0.25 per
contract maker rebate to Market Maker orders that post liquidity in the
Exchange's new proprietary product during the initial months of
trading. Furthermore, the manner in which the Exchange applies the NQX
taker fees in Section III.B is not changing with this proposal, and the
proposed changes are intended to bring greater clarity to ISE's
Schedule of Fees, to the benefit of all market participants.
    The Exchange's proposal to add the clarifying language is also
equitable and not unfairly discriminatory because the Exchange will
continue to apply the taker fees for Crossing Orders and Responses to
Crossing Orders in NQX in a uniform manner for all similarly situated
participants. The Exchange also believes that it is equitable and not
unfairly discriminatory to assess no taker fees to Market Maker
Crossing Orders and Responses to Crossing Orders in NQX as compared to
other Non-Priority Customers, who are currently assessed the $0.25 per
contract taker fee for such orders. Market Makers, unlike other market
participants, take on a number of obligations, including quoting
obligations, that other market participants do not have. Further, the
Exchange believes that it is equitable and not unfairly discriminatory
to assess no transaction fees to Priority Customer \9\ Crossing Orders
and Responses to Crossing Orders in NQX because Priority Customer order
flow enhances liquidity on the Exchange for the benefit of all market
participants. Priority Customer liquidity provides more trading
opportunities, which attracts Market Makers. An increase in the
activity of these market participants in turn facilitates tighter
spreads, which may cause an additional corresponding increase in order
flow from other market participants.
---------------------------------------------------------------------------

    \9\ A ``Priority Customer'' is a person or entity that is not a
broker/dealer in securities, and does not place more than 390 orders
in listed options per day on average during a calendar month for its
own beneficial account(s), as defined in Nasdaq ISE Rule
100(a)(37A).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. As discussed above, the
proposal is intended to eliminate ambiguity from the Schedule of Fees
by further explaining how ISE charges the originating and contra side
of Crossing Orders in NQX as well as Responses to Crossing Orders in
NQX. The proposal does not amend the current manner in which the
Exchange assesses fees for Crossing Orders and Responses to Crossing
Orders in NQX, and the Exchange will continue to assess the applicable
taker fees in Section III.B for such NQX orders in a uniform manner to
all market participants. For the foregoing reasons, the Exchange
believes that the proposed changes do not impose an undue burden on
competition.

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

    No written comments were either solicited or received.

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)(ii) of the Act \10\ and Rule 19b-4(f)(2) \11\ 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: (i) Necessary or
appropriate in the public interest; (ii) for the protection of
investors; or (iii) 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 protected]. Please include
File Number SR-ISE-2018-66 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-ISE-2018-66. 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 10:00 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. 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-ISE-
2018-66 and should be submitted on or before September 7, 2018.

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

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

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2018-17738 Filed 8-16-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Rules and Regulations]
[Pages 46885-46887]
[FR Doc No: 2019-19256]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0755]
RIN 1625-AA00

Safety Zone; Les Cheneaux Islands, Cedarville, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones for
navigable waters within 50 yards of certain swim routes of a marine
event in the Les Cheneaux Islands, in Cedarville, MI. The safety zones
are needed to protect event participants from risks associated with the
boating public near highly trafficked areas of the waterway. Entry of
vessels or persons into these zones is prohibited unless specifically
authorized by the Captain of the Port Sault Sainte Marie or his
representative.

DATES: This rule is effective from 7:00 a.m. to 3:00 p.m. on September
8, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0755 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Sean Murphy, Waterways Management, Sector Sault Sainte
Marie U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C.

553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because the final details of the specific marine event and safety
zone distance were not finalized within a sufficient time to allow for
notice and a subsequent comment period before the commencement of the
planned marine event. Delaying this rule to allow for a notice and
comment period would be impracticable and contrary to the public
interest because it would inhibit the Coast Guard's ability to protect
the swimmers participating in this swim event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because prompt action is
needed to protect the swimmers participating in this event on September
8, 2019.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sault Sainte
Marie (COTP) has determined that potential hazards associated with
swimmers swimming between the Les Cheneaux Islands in a swim event will
be a safety concern for anyone within 50 yards of certain swim routes
through highly trafficked areas of the Les Cheneaux Islands. This rule
is needed to protect event participants and support vessels during the
event.

IV. Discussion of the Rule

    This rule establishes safety zones from 7:00 a.m. until 3:00 p.m.
on September 8, 2019. The duration of the zone is intended to protect
event participants, support vessels, and the general boating public in
these navigable waters during the marine event. No vessel or person
will be permitted to enter the safety zones without obtaining
permission from the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
duration, and location of the safety zones. Vessel traffic may request
permission to transit the zone from the designated representative of
the Captain of the Port, who may allow the vessel cross the Safety Zone
when there is no risk to the event participants. The field of swimmers
will not spread across the entirety of the waterway; thus, there will
be opportunity for a designated representative of the Captain of the
Port to allow vessels to transit the zones. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone, and the rule would allow vessels to seek permission to
enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or

more in any one year. Though this rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves safety zones that will prohibit entry
within 50 yards of certain swim courses between the Les Cheneaux
Islands. It is categorically excluded from further review under
paragraph L[60(a)] in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0755 to read as follows:

Sec.  165.T09-0755   Safety Zones; Les Cheneaux Islands, Cedarville,
MI.

    (a) Location. The following area is a safety zone: All navigable
waters within 50 yards of a line drawn between the following
coordinates, based on NAD 83:
    (1) 45[deg] 58.481' N, 084[deg] 17.546' W to 45[deg]58.535' N,
084[deg] 18.102' W.
    (2) 45[deg] 58.158' N, 084[deg] 18.319' W to 45[deg] 58.157' N,
084[deg] 18.595' W.
    (3) 45[deg] 59.468' N, 084[deg] 19.826' W to 45[deg] 58.973' N,
084[deg] 19.807' W.
    (4) 45[deg] 58.445' N, 084[deg] 21.792' W to 45[deg] 58.301' N,
084[deg] 22.003' W.
    (5) 45[deg] 58.535' N, 084[deg] 22.480' W to 45[deg] 58.732' N,
084[deg] 22.591' W to 45[deg] 59.001' N, 084[deg] 22.914' W to 45[deg]
59.044' N, 084[deg] 22.792' W.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sault Sainte Marie (COTP) in the enforcement of the
safety zones.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, hail the COTP's representative on
an appropriate VHF channel. Those in the safety zone must comply with
all lawful orders or directions given to them by the COTP or the COTP's
designated representative.
    (d) Enforcement period. This section will be enforced from 7:00
a.m. to 3:00 p.m. on September 8, 2019.

    Dated: August 30, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2019-19256 Filed 9-5-19; 8:45 am]
 BILLING CODE 9110-04-P


? This file is Peconic Survey Programs. txt ? It contains Limdep programs for the Peconic data. ? Written by Marisa Mazzotta for Abt Associates, 2003.

?************************************************************************* ? Read data. . . ? Read in the ASCII data set that was output by SAS.

? All Second Home Residents READ ; nvar= 57 ; file= c:\ pec_ data\ limdep\ abt_ sec. dat ; nobs= 3255$

? All Primary Residents READ ; nvar= 57 ; file= c:\ pec_ data\ limdep\ abt_ prim. dat ; nobs= 8202$

RENAME ; X1= y ; X2= farm ; X3= undev ; X4= wet ; X5= shell ; X6= eel ; X7= cost ; X8= ed123_ f ; X9= ed123_ u ; X10= ed123_ w ; X11= ed123_ s ; X12= ed123_ e ; X13= ed123_ c ; X14= ed4_ f ; X15= ed4_ u ; X16= ed4_ w ; X17= ed4_ s ; X18= ed4_ e ; X19= ed4_ c ; X20= ed567_ f ; X21= ed567_ u ; X22= ed567_ w ; X23= ed567_ s ; X24= ed567_ e ; X25= ed567_ c ; X26= inc12_ f ; X27= inc12_ u ; X28= inc12_ w ; X29= inc12_ s ; X30= inc12_ e ; X31= inc12_ c ; X32= inc34_ f ; X33= inc34_ u ; X34= inc34_ w ; X35= inc34_ s ; X36= inc34_ e ; X37= inc34_ c ; X38= inc567_ f ; X39= inc567_ u ; X40= inc567_ w ; X41= inc567_ s ; X42= inc567_ e ; X43= inc567_ c ; X44= inc8_ f ; X45= inc8_ u ; X46= inc8_ w ; X47= inc8_ s ; X48= inc8_ e ; X49= inc8_ c ; X50= fisher ; X51= sheller ; X52= bch_ user ; X53= boater ; X54 = oth_ user ; X55= N ; X56= A ; X57= B $

? Create namelists for regressions: Namelist ; attrib= farm, undev, wet, shell, eel, cost ; educ= ed4_*, ed567_* ; inc= inc34_*, inc567_*, inc8_* $ ? Create interaction variables for users, nonusers Create ; farm_ U= 0 ; undev_ U= 0 ; wet_ U= 0 ; shell_ U= 0 ; eel_ U= 0 ; cost_ U= 0 ; farm_ NU= 0 ; undev_ NU= 0 ; wet_ NU= 0 ; shell_ NU= 0 ; eel_ NU= 0 ; cost_ NU= 0 ; If ( fisher= 1 | sheller= 1 ) | farm_ U= farm ; undev_ U= undev ; wet_ U= wet ; shell_ U= shell ; eel_ U= eel ; cost_ U= cost ; ( ELSE) | farm_ NU= farm ; undev_ NU= undev ; wet_ NU= wet ; shell_ NU= shell ; eel_ NU= eel ; cost_ NU= cost $

? Create constants for each alternative and for action vs. no action Create ; J= trn( 3,0) ; No=( J= 1) ; PA=( J= 2) ; PB=( J= 3) ; AB= PA+ PB $

?***************************************************************************** **** ? Model USERS AND NON USERS, with constants Discrete choice ; Lhs= y ; Rhs= AB, PB, farm_ U, undev_ U, wet_ U, shell_ U, eel_ U, cost_ U, farm_ NU, undev_ NU, wet_ NU, shell_ NU, eel_ NU, cost_ NU, educ, inc ; Tlf ; printvc ; choices= No_ Act, Prog_ A, Prog_ B $? Save coeff. vector and var/ covar. matrix: Matrix ; Bsave= B ; VCsave= VarB $

?**** Weighting********* ?**** USING POPULATION WEIGHTS AND 1 FOR FIRST CATEGORY ***

? Primary Homes Type ; Step 1, Read in weights. $ Matrix ; list ; E13I12p= 1 $ Matrix ; list ; Ed4p=. 1835 $ Matrix ; list ; Ed567p=. 3090 $ Matrix ; list ; Inc34p=. 3194 $ Matrix ; list ; Inc567p=. 3087 $ Matrix ; list ; Inc8p=. 0341 $

? Second Homes Type ; Step 1, Read in weights. $ Matrix ; list ; E13I12s= 1 $ Matrix ; list ; Ed4s=. 1172 $ Matrix ; list ; Ed567s=. 701$ Matrix ; list ; Inc34s=. 153 $ Matrix ; list ; Inc567s=. 4642 $ Matrix ; list ; Inc8s=. 2849 $

Type; Step 1a, Remove 1st two coefficients and their var covar $ Matrix ; list ; B5s = part( Bsave, 3, 44) ; VC5s = part( VCsave, 3, 44, 3, 44) $

Type; Step 1b, Separate Users and NonUsers $ ? Users Matrix ; list ; B5sU1 = part( B5s, 1, 6) $ Matrix ; list ; B5sU2 = part( B5s, 13, 42) $ Matrix ; list ; B5sU = [ B5sU1 / B5sU2] $ Matrix ; list ; VC5sU1 = part( VC5s, 1, 6, 1, 6) $ Matrix ; list ; VC5sU2 = part( VC5s, 1, 6, 13, 42) $ Matrix ; list ; VC5sU3 = part( VC5s, 13, 42, 1, 6) $ Matrix ; list ; VC5sU4 = part( VC5s, 13, 42, 13, 42) $ Matrix ; list ; VC5sUa = [ VC5sU1, VC5sU2] $ Matrix ; list ; VC5sUb = [ VC5sU3, VC5sU4] $ Matrix ; list ; VC5sU = [ VC5sUa / VC5sUb] $

? Non Users Matrix ; list ; B5sNU1 = part( B5s, 7, 12) $ Matrix ; list ; B5sNU2 = part( B5s, 13, 42) $ Matrix ; list ; B5sNU = [ B5sNU1 / B5sNU2] $ Matrix ; list ; VC5sNU1 = part( VC5s, 7, 12, 7, 12) $ Matrix ; list ; VC5sNU2 = part( VC5s, 7, 12, 13, 42) $ Matrix ; list ; VC5sNU3 = part( VC5s, 13, 42, 7, 12) $ Matrix ; list ; VC5sNU4 = part( VC5s, 13, 42, 13, 42) $ Matrix ; list ; VC5sNUa = [ VC5sNU1, VC5sNU2] $ Matrix ; list ; VC5sNUb = [ VC5sNU3, VC5sNU4] $ Matrix ; list ; VC5sNU = [ VC5sNUa / VC5sNUb] $ ? Primary homes Type ; Step 2, Create 6x36matrix of weights. $ Matrix ; list ; I6= Iden( 6) $ Matrix ; list ; W1s= E13I12p| I6 $ Matrix ; list ; W2s= Ed4p| I6 $ Matrix ; list ; W3s= Ed567p| I6 $ Matrix ; list ; W4s= Inc34p| I6 $ Matrix ; list ; W5s= Inc567p| I6 $ Matrix ; list ; W6s= Inc8p| I6 $ Matrix ; list ; Ws=[ W1s, W2s, W3s, W4s, W5s, W6s] $

? Second homes Type ; Step 2, Create 6x36matrix of weights. $ Matrix ; list ; I6= Iden( 6) $ Matrix ; list ; W1s= E13I12s| I6 $ Matrix ; list ; W2s= Ed4s| I6 $ Matrix ; list ; W3s= Ed567s| I6 $ Matrix ; list ; W4s= Inc34s| I6 $ Matrix ; list ; W5s= Inc567s| I6 $ Matrix ; list ; W6s= Inc8s| I6 $ Matrix ; list ; Ws=[ W1s, W2s, W3s, W4s, W5s, W6s] $

Type ; Step 3, Calculate weighted coefficients and std. errors. $ Type ; Weighted Coefficients, Users $ Matrix ; list ; NewB5sU= Ws| B5sU $ Type ; Weighted var/ covar. matrix $ Matrix ; list ; NewVCsU= Ws| VC5sU| Ws' $ Type ; Variance of Wtd. Coefficients $ Matrix ; list ; VB5sU= Vecd( NewVCsU) $

Type ; Weighted Coefficients, NON Users $ Matrix ; list ; NewB5sNU= Ws| B5sNU $ Type ; Weighted var/ covar. matrix $ Matrix ; list ; NewVCsNU= Ws| VC5sNU| Ws' $ Type ; Variance of Wtd. Coefficients $ Matrix ; list ; VB5sNU= Vecd( NewVCsNU) $

Type ; Step 4, Calculate WTP values and confidence intervals. $ ? USERS ? separate attributes from cost Matrix ; list ; WBs= part( NewB5sU, 1, 5) ; WCs= part( NewB5sU, 6,6) $ ? create a scalar for k Calc ; alphas= 0 $ initialize Matrix; list ; alphas= WCs $ Calc ; Ks= 1/ alphas $ ? calculate vector of dollar values Matrix ; list ; WTPsU= Ks * WBs $ ? create info. matrix Matrix ; list ; I1s= Ginv( NewVCsU) $ takes the inverse ? create J matrix Matrix ; list ; I5= Iden( 5) ; J1s= 1/ Ks * I5 $ Matrix ; list ; J2s= Init( 5,1,0) ; J3s=[ J1s, J2s] $ Matrix ; list ; J4s= alphas * NewB5sU $ Matrix ; list ; J4s= J4s' $ Matrix ; list ; Js=[ J3s/ J4s] $ ? create info. matrix for wtp Matrix ; list ; I2s= Js| I1s| Js' $ ? create var cov. matrices and vector of variances for WTP Matrix ; list ; VCBKs= Ginv( I2s) ; VCWTPs= part( VCBKs, 1, 5, 1,5) ; VWTPsU= vecd( VCWTPs) $

? NON USERS ? separate attributes from cost Matrix ; list ; WBs= part( NewB5sNU, 1, 5) ; WCs= part( NewB5sNU, 6,6) $ ? create a scalar for k Calc ; alphas= 0 $ initialize Matrix; list ; alphas= WCs $ Calc ; Ks= 1/ alphas $ ? calculate vector of dollar values Matrix ; list ; WTPsNU= Ks * WBs $ ? create info. matrix Matrix ; list ; I1s= Ginv( NewVCsNU) $ takes the inverse ? create J matrix Matrix ; list ; I5= Iden( 5) ; J1s= 1/ Ks * I5 $ Matrix ; list ; J2s= Init( 5,1,0) ; J3s=[ J1s, J2s] $ Matrix ; list ; J4s= alphas * NewB5sNU $ Matrix ; list ; J4s= J4s' $ Matrix ; list ; Js=[ J3s/ J4s] $ ? create info. matrix for wtp Matrix ; list ; I2s= Js| I1s| Js' $ ? create var cov. matrices and vector of variances for WTP Matrix ; list ; VCBKs= Ginv( I2s) ; VCWTPs= part( VCBKs, 1, 5, 1,5) ; VWTPsNU= vecd( VCWTPs) $


[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Proposed Rules]
[Page 21966]
[FR Doc No: 2017-09471]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0585; FRL-9960-21-Region 6]

Approval and Promulgation of Implementation Plans; Texas;
Revisions to Emissions Banking and Trading Programs and Compliance
Flexibility

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve revisions
to the Texas State Implementation Plan (SIP) Emissions Banking and
Trading Programs submitted on July 15, 2002; December 22, 2008; April
6, 2010; May 14, 2013; and August 14, 2015. Specifically, we are
proposing to approve revisions to the Texas Emission Credit, Mass
Emissions Cap and Trade, Discrete Emission Credit, and Highly Reactive
Volatile Organic Compound Emissions Cap and Trade Programs such that
the Texas SIP will include the current state program regulations
promulgated and implemented in Texas. We are also proposing to approve
compliance flexibility provisions for stationary sources using the
Texas Emission Reduction Plan submitted on July 15, 2002; May 30, 2007;
and July 10, 2015.

DATES: Written comments should be received on or before June 12, 2017.

ADDRESSES: Submit your comments, identified by EPA-R06-OAR-2015-0585,
at http://www.regulations.gov or via email to<EMAIL_ADDRESS>For
additional information on how to submit comments see the detailed
instructions in the ADDRESSES section of the direct final rule located
in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Adina Wiley,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, the EPA is approving the State's SIP submittal as a direct
rule without prior proposal because the Agency views this as
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no relevant adverse comments are received in response to this
action no further activity is contemplated. If the EPA receives
relevant adverse comments, the direct final rule will be withdrawn and
all public comments received will be addressed in a subsequent final
rule based on this proposed rule. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time.
    For additional information, see the direct final rule which is
located in the rules section of this Federal Register.

    Dated: April 27, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017-09471 Filed 5-10-17; 8:45 am]
BILLING CODE 6560-50-P