[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Proposed Rules]
[Pages 60384-60389]
[FR Doc No: 2014-23879]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0771; Directorate Identifier 2014-CE-006-AD]
RIN 2120-AA64

Airworthiness Directives; Beechcraft Corporation 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 Beechcraft Corporation Model G58 airplanes. This proposed AD
was prompted by reports of fuel leaks due to fuel cells that did not
properly fit in Model G58 airplanes. This proposed AD would require
inspecting for and replacing, as necessary, certain fuel cells. This
proposed AD would also require inspecting and replacing parts, as
necessary, of the left and right fuel system installations and
correcting torques on fuel system fittings; and prohibit future
installations of certain fuel cells. We are proposing this AD to
correct the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by November 21,
2014.

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 AD, contact Beechcraft
Corporation, 2121 South Hoover Road, Wichita, Kansas 67209; telephone:
(316) 676-3140; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet: www.beechcraft.com. You may review copies of the referenced
service information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0771; 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:
     For information relating to Beechcraft Corporation Model
G58 airplanes or part numbers contact: Thomas Teplik, Aerospace
Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport
Road, Room 100, Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax:
(316) 946-4107; email<EMAIL_ADDRESS>     For information relating to Floats and Fuel Cells, Inc.
(FFC) parts manufacturer approval (PMA) fuel cells contact: Keith
Moore, Atlanta Aircraft Certification Office, FAA, 1701 Columbia
Avenue, College Park, Georgia 30337; telephone:<PHONE_NUMBER>; fax:
(404) 474-5500; 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-2014-0771;
Directorate Identifier 2014-CE-006-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 seven reports of fuel leaks in Beechcraft Corporation
Model G58 airplanes. Six fuel leaks were observed before takeoff or
after landing. One in-flight fuel leak caused large and rapid loss of
fuel and a 24-gallon fuel imbalance.
    An investigation found issues that may have occurred on the
production line, including fuel cell fit inconsistencies; improper
installation of fuel components, which may cause loads on fuel cells
and breach of fuel cells; and improper installation of fuel hoses and
clamps, which may cause fuel leaks.
    Further investigation found discrepancies and variation in the fit
of the fuel cell on airplanes produced after December 2011.
    These conditions, if not corrected, could result in significant
fuel leakage. This could lead to an imbalance condition, which may
affect airplane controllability and/or could lead to an airplane fire.

Relevant Service Information

    We reviewed Beechcraft Mandatory Service Bulletin SB 28-4127, dated
June 2013; and Beechcraft Mandatory Service Bulletin SB 28-4131, dated
November 2013. The service information describes procedures for
inspection of the left and right fuel system installations and
replacement of parts, as necessary; inspection for proper torque on
fuel system fittings; and inspection and replacement, as necessary, of
fuel cells.

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 the same type design.
This proposed AD will only affect fuel cells installed on airplanes
produced after December 2011. This proposed AD would include
prohibiting the installation of both Beechcraft fuel cell part numbers
produced by FFC and any PMA part numbers on the Model G58 airplanes
serial numbers (SNs) TH-2335 through TH-2378, certificated in any
category.
    We are evaluating the Beechcraft and PMA fuel cells that are
installed on airplanes prior to December 2011 for the same or similar
condition and may take future rulemaking action for airplanes
incorporating these parts.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously and prohibit the
installation of certain Beechcraft and FFC PMA fuel cells.

Costs of Compliance

    We estimate that this proposed AD affects 18 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
              Action                      Labor cost             Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
* Inspection of fuel cells........  12 work-hours x $85    Not Applicable.......          $1,020          $5,100
                                     per hour = $1,020.
** Inspection of left and right     30 work-hours x $85    Not Applicable.......           2,550          28,050
 fuel system installations.          per hour = $2,550.

*** Inspection for proper torque    4 work-hours x $85     Not Applicable.......             340           2,380
 on fuel system fittings.            per hour = $340.
----------------------------------------------------------------------------------------------------------------
* Applies to the 5 specific serial numbers on the U.S. registry that may have improperly fitting fuel cells
  installed at production.
** Applies to the 11 specific serial numbers on the U.S. registry that must do Part 1 of the service
  information.
*** Applies to the 7 specific serial numbers on the U.S. registry, listed in the service information that must
  do Part 2 of the service information.

    We estimate the following costs to do any necessary installations/
replacements that would be required based on the results of proposed
inspections. We have no way of determining the number of airplanes that
might need these installations/replacements:

                                               On-condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                 Action                           Labor cost                  Parts cost              product
----------------------------------------------------------------------------------------------------------------
Replacement of left-hand (LH) leading     16 work-hours x $85 per     $2,599 (includes fuel               $3,959
 edge (LE) outboard fuel cell.             hour = $1,360.              cell, $2,545 + clamp/
                                                                       gasket, $54).
Replacement of right-hand (RH) LE         16 work-hours x $85 per     $2,599 (includes fuel                3,959
 outboard fuel cell.                       hour = $1,360.              cell, $2,545 + clamp/
                                                                       gasket, $54).
Replacement of LH LE inboard fuel cell..  16 work-hours x $85 per     $4,264 (includes fuel                5,624
                                           hour = $1,360.              cell, $4,210 + clamp/
                                                                       gasket, $54).
Replacement of RH LE inboard fuel cell..  16 work-hours x $85 per     $2,242 (includes fuel                3,602
                                           hour = $1,360.              cell, $2,188 + clamp/
                                                                       gasket, $54).
Replacement of LH center fuel cell......  16 work-hours x $85 per     $1,931 (includes fuel                3,291
                                           hour = $1,360.              cell, $1,877 + clamp/
                                                                       gasket, $54).
Replacement of RH center fuel cell......  16 work-hours x $85 per     $3,049 (includes fuel                4,409
                                           hour = $1,360.              cell, $2,995 + clamp/
                                                                       gasket, $54).
Replacement of tube assembly, flex hose,  10 work-hours x $85 per     $672 (includes LH and RH             1,522
 and clamps.                               hour = $850.                tube assemblies, flex
                                                                       hoses, and clamps).
----------------------------------------------------------------------------------------------------------------

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

Authority for This Rulemaking

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

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):

Beechcraft Corporation: Docket No. FAA-2014-0771; Directorate
Identifier 2014-CE-006-AD.

(a) Comments Due Date

    We must receive comments by November 21, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Beechcraft Corporation Model G58 airplanes,
serial numbers (SNs) TH-2335 through TH-2378, certificated in any
category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code: 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by reports of fuel leaks due to fuel cells
that did not properly fit in Model G58 airplanes. We are issuing
this AD to detect and correct improperly fitting fuel cells. We are
also issuing this AD to correct left and right fuel system
installations and set correct torque on fuel system fittings for all
affected airplanes, which if not corrected, could result in
significant fuel leakage. This could lead to an imbalance condition,
which may affect airplane controllability, and/or could lead to an
airplane fire.

(f) Compliance

    Comply with this AD within the compliance times specified in
paragraphs (g) and (h), including all subparagraphs, unless already
done. All of the actions in paragraphs (g) and (h) must be completed
for compliance with this AD. The actions of Beechcraft Mandatory
Service Bulletin SB 28-4127, dated June 2013, and Beechcraft
Mandatory Service Bulletin SB 28-4131, dated November 2013, have
numerous overlapping tasks. Instead of completing the required
actions in paragraph (g) and paragraph (h) separately, you may
complete the actions of both paragraphs concurrently to avoid
repeating the same tasks unnecessarily. We recommend reviewing
Appendices 1 through 3 for general guidance and suggestions for task
ordering to assist you in not repeating tasks unnecessarily.

(g) Fuel Cell Inspection

    (1) For Model G58 airplanes, S/Ns TH-2356 through TH-2378:
within the next 100 hours TIS after the effective date of this AD or
within the next 12 months after the effective date of this AD,
whichever occurs first, inspect the fuel cells (left hand (LH)
inboard, outboard, and center; and right hand (RH) inboard,
outboard, and center) following Beechcraft Mandatory Service
Bulletin SB 28-4131, dated November 2013. If any fuel cell is
Beechcraft Corporation P/N 60-921046-5, 60-921046-6, 002-920034-9,
002-920034-10, 58-380003-13, or 58-380003-14; or Floats and Fuel
Cells, Inc. (FFC) parts manufacturer approval (PMA) P/N B-2503-9/-
10; B-2034-3/-4; or B-2646-3/-4, before further flight, replace the
fuel cell(s) with Beechcraft Corporation P/N 60-921046-1, 60-921046-
2, 002-920034-1, 002-920034-2, 58-380003-5, or 58-380003-6, as
applicable, following Beechcraft Mandatory Service Bulletin SB 28-
4131, dated November 2013.
    (2) For Model G58 airplanes, S/Ns TH-2335 through TH-2378: as of
the effective date of this AD, do not install the following P/Ns:
    (i) Beechcraft Corporation P/N 60-921046-5, 60-921046-6, 002-
920034-9, 002-920034-10, 58-380003-13, or 58-380003-14; or
    (ii) FFC PMA fuel cells P/N B-2503-9/-10, B-2034-3/-4, or B-
2646-3/-4.

(h) Fuel System Inspection

    Certain Model G58 airplanes, as listed in paragraphs (h)(1),
(h)(2), and (h)(3) of this AD, may have incorrect left and right
fuel system installations and incorrect torque on fuel system
fittings.
    (1) For Model G58 airplanes, SNs TH-2335, TH-2338 through TH-
2348, TH-2351 through TH-2359, TH-2362 through TH-2366, TH-2369, and
TH-2371 that are already in compliance with Part 1 of the
Accomplishment Instructions in Beechcraft Mandatory Service Bulletin
SB 28-4127, dated June 2013: Within 100 hours TIS after the
effective date of this AD or within the next 12 months after the
effective date of this AD, whichever occurs first, do the following
actions in paragraphs (h)(1)(i) and (h)(1)(ii), including all
subparagraphs as applicable:
    (i) If any discrepancies are/were found during the inspection of
the fuel cell system that required replacement of one of the fuel
cells, do the following actions:
    (A) Review the airplane maintenance records, Airworthiness
Approval Tag (FAA Form 8130-3), or other positive form of parts
identification such as a shipping ticket, invoice, or direct ship
authority letter, to determine if the replaced fuel cell(s) is P/N
60-921046-5, 60-921046-6, 002-920034-9, 002-920034-10, 58-380003-13,
or 58-380003-14; or FFC P/N B-2503-9/-10, B-2034-3/-4, or B-2646-3/-
4.
    (B) If during the check in paragraph (h)(1)(i)(A) of this AD,
you positively identify the replaced fuel cell(s) is not P/N 60-
921046-5, 60-921046-6, 002-92003-9, 002-920034-10, 58-380003-13, or
58-380003-14; or FFC P/N B-2503-9/-10, B-2034-3/-4, or B-2646-3/-4,
go to the required action in paragraph (h)(1)(ii) of this AD.
    (C) If during the check in paragraph (h)(1)(i)(A) of this AD,
you positively identify the replaced fuel cell(s) is P/N 60-921046-
5, 60-921046-6, 002-920034-9, 002-920034-10, 58-380003-13, 58-
380003-14; or FFC P/N B-2503-9/-10, B-2034-3/-4, or B-2646-3/-4,
before further flight, replace the fuel cell(s) with Beechcraft
Corporation P/N 60-921046-1, 60-921046-2, 002-920034-1, 002-920034-
2, 58-380003-5, or 58-380003-6, as applicable, following Beechcraft
Mandatory Service Bulletin SB 28-4131, dated November 2013.
    (D) If during the check in paragraph (h)(1)(i)(A) of this AD,
you cannot positively identify the P/N of the replaced fuel cell(s),
within the next 100 hours TIS after the effective date of this AD or
within the next 12 months after the effective date of this AD,
whichever occurs first, physically inspect each replaced fuel cell
to verify the part number. If the replaced fuel cell(s) is P/N 60-
921046-5, 60-921046-6, 002-920034-9, 002-920034-10, 58-380003-13,
58-380003-14; or FFC P/N B-2503-9/-10, B-2034-3/-4, or B-2646-3/-4,
before further flight, replace the fuel cell(s) with Beechcraft
Corporation P/N 60-921046-1, 60-921046-2, 002-920034-1, 002-920034-
2, 58-380003-5, or 58-380003-6, as applicable, following Beechcraft
Mandatory Service Bulletin SB 28-4131, dated November 2013.
    (ii) Gain access to the wet wing interconnect tube P/N 60-
921047-1 following Part 1 of the Accomplishment Instructions in
Beechcraft Mandatory Service Bulletin SB 28-4127, dated June 2013.
Verify wet wing interconnect tube P/N 60-921047-1 is installed in
leading edge outboard fuel cell with correct clamp P/N 52KS3 or P/N
4852SS305 and the clamp is torqued to 20 to 25 inch pounds.

    Note 1 to paragraphs (h)(1)(ii) and (h)(2)(iii): The correct
clamp part number and correct torque for installing the wet wing
interconnect tube were inadvertently omitted from Beechcraft
Mandatory Service Bulletin SB 28-4127, dated June 2013, when it was
issued.

    (A) If you can positively identify the wet wing interconnect
tube is installed with the correct clamp and the correct torque
value during the inspection required in paragraph (h)(1)(ii) of this
AD, return airplane to service and perform leak check following Part
1 of the Accomplishment Instructions in Beechcraft Mandatory Service
Bulletin SB 28-4127, dated June 2013.
    (B) If you cannot positively identify the wet wing interconnect
tube is installed with the correct clamp and/or the correct torque
value during the inspection required in paragraph (h)(1)(ii) of this
AD, before further flight, replace the clamp with P/N 52KS3 or P/N
4852SS305 and/or correct the clamp torque to 20 to 25 inch pounds.
Return airplane to service and do a leak check following Part 1 of
the Accomplishment Instructions in Beechcraft Mandatory Service
Bulletin SB 28-4127, dated June 2013.
    (2) For Model G58 airplanes, SNs TH-2335, TH-2338 through TH-
2348, TH-2351 through TH-2359, TH-2362 through TH-2366, TH-2369, and
TH-2371 that are not in compliance with Part 1 of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4127,
dated June 2013: Within 100 hours TIS after the effective date of
this AD or within the next 12 months after the effective date of
this AD, whichever occurs first, do the following actions in
paragraphs (h)(2)(i) through (h)(2)(iii) of this AD, including all
subparagraphs.
    (i) Inspect the fuel cell system following Part 1 of the
Accomplishment Instructions in Beechcraft Mandatory Service Bulletin
SB 28-4127, dated June 2013.
    (ii) If any discrepancies are found in the inspection required
in paragraph (h)(2)(i) of this AD, before further flight, replace/
correct those discrepancies following Part 1 of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4127,
dated June 2013. If the corrective action requires replacement of
one of the fuel cells, replace the fuel cell with Beechcraft
Corporation P/N 60-921046-1, 60-921046-2, 002-920034-1, 002-920034-
2, 58-380003-5, or 58-380003-6, as applicable.
    (iii) During the inspection required in paragraph (h)(2)(i) of
this AD, ensure that wet wing interconnect tube P/N 60-921047-1 is
installed in the leading edge outboard fuel cell with clamp P/N
52KS3 or P/N 4852SS305 and the clamp is torqued to 20 to 25 inch
pounds.
    (A) If you can positively identify the wet wing interconnect
tube is installed with the correct clamp and the correct torque
value during the inspection required in paragraph

(h)(2)(iii) of this AD, return airplane to service and perform leak
check following Part 1 of the Accomplishment Instructions in
Beechcraft Mandatory Service Bulletin SB 28-4127, dated June 2013.
    (B) If you cannot positively identify the wet wing interconnect
tube is installed with the correct clamp and/or the correct torque
value during the inspection required in paragraph (h)(2)(iii) of
this AD, before further flight, replace the clamp with P/N 52KS3 or
P/N 4852SS305 and/or correct the clamp torque to 20 to 25 inch
pounds. Return airplane to service and do leak check following Part
1 of the Accomplishment Instructions in Beechcraft Mandatory Service
Bulletin SB 28-4127, dated June 2013.
    (3) For Model G58 airplanes SNs TH-2336, TH-2337, TH-2349, TH-
2350, TH-2360, TH-2361, TH-2367, TH-2368, TH-2370, TH-2372, and TH-
2373: Within 100 hours TIS after the effective date of this AD or
within the next 12 months after the effective date of this AD,
whichever occurs first, inspect the fuel system following Part 2 of
the Accomplishment Instructions in Beechcraft Mandatory Service
Bulletin SB 28-4127, dated June 2013. If any discrepancies are
found, before further flight, replace/correct those discrepancies
following Part 2 of the Accomplishment Instructions in Beechcraft
Mandatory Service Bulletin SB 28-4127, dated June 2013.

(i) Special Flight Permit

    Special flight permits are permitted in accordance with 14 CFR
39.23 provided the following limitation is adhered to: One flight to
a repair facility.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita Aircraft Certification Office (ACO)
(for the Beechcraft parts), FAA, or the Manager, Atlanta ACO (for
the FFC PMA parts), 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 (k) of this
AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    (1) For information relating to Beechcraft Corporation Model G58
airplanes or part numbers contact: Thomas Teplik, Aerospace
Engineer, Wichita ACO, FAA, 1801 Airport Road, Room 100, Wichita,
Kansas 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For information relating to FFC PMA fuel cells contact:
Keith Moore, Atlanta ACO, FAA, 1701 Columbia Avenue, College Park,
Georgia 30337; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (3) For service information identified in this AD, contact
Beechcraft Corporation, 2121 South Hoover Road, Wichita, Kansas
67209; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: www.beechcraft.com. You may
review copies of the referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

Appendix 1 to AD 2014* * *

    For Model G58 airplanes serial numbers TH-2356 through TH-2359,
TH-2362 through TH-2366, TH-2369, and TH-2371 that have already
completed Beechcraft Mandatory Service Bulletin SB 28-4131, dated
November 2013, but have not completed Part 1 of Beechcraft Mandatory
Service Bulletin SB 28-4127, dated June 2013.
    The information in the appendix cannot be used for direct
compliance with the AD. All of the actions in paragraphs (g) and (h)
of this AD must be completed for compliance with this AD. The
following is a suggested order of tasks that may assist the mechanic
in completing overlapping tasks associated with Beechcraft Mandatory
Service Bulletin SB 28-4131, dated November 2013, and Part 1 of
Beechcraft Mandatory Service Bulletin SB 28-4127, dated June 2013.

Suggested Order of Tasks

    1. Do steps (1) through (6) and (6)(a) through (6)(d) (Outboard
Wet Wing Interconnect Area) of Part 1 of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4127.
Ensure that wet wing interconnect tube part number (P/N) 60-921047-1
is installed in the leading edge outboard fuel cell with the correct
clamp P/N 52KS3 or P/N 4852SS305 and the clamp is correctly torqued
to 20 to 25 inch pounds. Note: For step (6)(d) of Part 1 of the
Accomplishment Instructions in Beechcraft Mandatory Service Bulletin
SB 28-4127, the access panels may need to be removed again for
additional tasks listed below.
    2. For any fuel cells that were not replaced while doing
Beechcraft Mandatory Service Bulletin SB 28-4131, inspect by doing
step (7) (Inspection at Three Fuel Cells) of Part 1 of the
Accomplishment Instructions in Beechcraft Mandatory Service Bulletin
SB 28-4127.
    3. If any of the fuel cells are found damaged or leaking during
the inspection, replace with fuel cells listed in Beechcraft
Mandatory Service Bulletin SB 28-4131.
    4. Do steps (8) through (25) (Inspection of Wheel Well and
Nacelle Area) of Part 1 of the Accomplishment Instructions in
Beechcraft Mandatory Service Bulletin SB 28-4127.

Appendix 2 to AD 2014* * *

    For Model G58 airplanes serial numbers TH-2356 through TH-2359,
TH-2362 through TH-2366, TH-2369, and TH-2371 that have not
completed Beechcraft Mandatory Service Bulletin SB 28-4131, dated
November 2013, and have not completed Part 1 of Beechcraft Mandatory
Service Bulletin SB 28-4127, dated June 2013.
    The information in the appendix cannot be used for direct
compliance with the AD. All of the actions in paragraphs (g) and (h)
of this AD must be completed for compliance with this AD. The
following is a suggested order of tasks that may assist the mechanic
in completing overlapping tasks associated with Beechcraft Mandatory
Service Bulletin SB 28-4131, dated November 2013, and Part 1 of
Beechcraft Mandatory Service Bulletin SB 28-4127, dated June 2013.

Suggested Order of Tasks

    1. Do steps (1)(a) through (1)(e) of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4131.
    2. Do steps (6) and (6)(a) through (6)(d) (Outboard Wet Wing
Interconnect Area) of Part 1 of the Accomplishment Instructions in
Beechcraft Mandatory Service Bulletin SB 28-4127. Ensure that wet
wing interconnect tube part number (P/N) 60-921047-1 is installed in
the leading edge outboard fuel cell with the correct clamp P/N 52KS3
or P/N 4852SS305 and the clamp is correctly torqued to 20 to 25 inch
pounds.
    Note: For step (6)(d) of Part 1 of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4127,
the access panels may need to be removed again for additional tasks
listed below.
    3. Do step (1)(f) of the Accomplishment Instructions in
Beechcraft Mandatory Service Bulletin SB 28-4131.
    4. If it has been determined by doing step 1(f) of Beechcraft
Mandatory Service Bulletin SB 28-4131, that any of the following
correct fuel cells P/Ns 60-921046-1, 60-921046-2, 002-920034-1, 002-
920034-2, 58-380003-5, or 58-380003-6 are installed in the airplane,
do steps (7)(a) through (7)(c) (Inspection at Three Fuel Cells) of
Part 1 of the Accomplishment Instructions in Beechcraft Mandatory
Service Bulletin SB 28-4127. These steps ensure P/Ns 60-921046-1,
60-921046-2, 002-920034-1, 002-920034-2, 58-380003-5, or 58-380003-6
is properly installed.
    5. If it has been determined by doing step 1(f) of Beechcraft
Mandatory Service Bulletin SB 28-4131, that any of the following
fuel cell P/Ns 60-921046-5, 60-921046-6, 002-920034-9, 002-920034-
10, 58-380003-13, or 58-380003-14 or PMA part numbers B-2503-9/-10,
B-2034-3/-4, or B-2646-3/-4 are installed in the airplane, do steps
(2) through (5) of the Accomplishment Instructions in Beechcraft
Mandatory Service Bulletin SB 28-4131. These steps ensure improperly
fitting fuel cells are removed from the airplane. Do steps (7)(a)
through (7)(c) (Inspection at Three Fuel Cells) of Part 1 of the
Accomplishment Instructions in Beechcraft Mandatory Service Bulletin
SB 28-4127. For any fuel cell that need replacing, replace with fuel
cells listed in Beechcraft Mandatory Service Bulletin SB 28-4131.
    6. Do step (7)(d) of Part 1 of the Accomplishment Instructions
in Beechcraft Mandatory Service Bulletin SB 28-4127. This step can
be done concurrently with step (5) of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4131.
    7. Do steps (8) through (25) (Wheel Well and Nacelle Area and
Final Check) of Part 1

of the Accomplishment Instructions in Beechcraft Mandatory Service
Bulletin SB 28-4127.
    8. Do steps (6) through (10) of the Accomplishment Instructions
in Beechcraft Mandatory Service Bulletin SB 28-4131.
    Note: Steps (21), (24), and (25) from task 7 and steps (8), (9),
and (10) from task 8 can be done concurrently.

Appendix 3 to AD 2014* * *

    For Model G58 airplanes serial numbers TH-2360, TH-2361, TH-
2367, TH-2368, TH-2370, TH-2372, and TH-2373 that have not completed
Beechcraft Mandatory Service Bulletin SB 28-4131, dated November
2013 and have not completed Part 2 of Beechcraft Mandatory Service
Bulletin SB 28-4127, dated June 2013.
    The information in the appendix cannot be used for direct
compliance with the AD. All of the actions in paragraphs (g) and (h)
of this AD must be completed for compliance with this AD. The
following is a suggested order of tasks that may assist the mechanic
in completing overlapping tasks associated with Beechcraft Mandatory
Service Bulletin SB 28-4131, dated November 2013, and Part 2 of
Beechcraft Mandatory Service Bulletin SB 28-4127, dated June 2013.

Suggested Order of Tasks

    1. Do steps (1) through (5) of the Accomplishment Instructions
in Beechcraft Mandatory Service Bulletin SB 28-4131.
    2. Do steps (7) and (8) of the Accomplishment Instructions in
Beechcraft Mandatory Service Bulletin SB 28-4131.
    3. Do steps (1) through (6) of Part 2 of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4127.
For step (2), heat shields should have been previously removed for
Beechcraft Mandatory Service Bulletin SB 28-4131.
    4. Do steps (7) through (11) of Part 2 of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4127.
    5. Do steps (6), (9), and (10) of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4131.
    Note: Steps (9) and (10) from task 5 and steps (10), and (11)
from task 4 can be done concurrently.

    Issued in Kansas City, Missouri, on September 30, 2014.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2014-23879 Filed 10-6-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Notices]
[Pages 31964-31965]
[FR Doc No: 2015-13642]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0041]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this provides the public notice that by a document dated April
28, 2015, the Central Florida Rail Corridor (CFRC) also known as
SunRail, has petitioned the Federal Railroad Administration (FRA) for a
waiver of compliance from several provisions of the Federal railroad
safety regulations. Specifically, CFRC requests relief from certain
provisions of 49 CFR part 240, Qualification and Certification of
Locomotive Engineers, and part 242, Qualification and Certification of
Conductors. The request was assigned Docket Number FRA-2015-0041. The
relief requested is contingent on CFRC's implementation of and
participation in the Confidential Close Call Reporting System (C3RS)
pilot project.
    CFRC seeks to shield reporting employees and the railroad from
mandatory punitive sanctions that would otherwise arise as provided in
49 CFR 240.117(e)(1) through (4); 240.305(a)(l) through (4) and (a)(6);
240.307; and 242.403(b), (c), (e)(l) through (4), (e)(6) through (11),
(f)(l) and (2). The C3RS pilot project encourages certified operating
crew members to report close calls and protect the employees and the
railroad from discipline or sanctions arising from the incidents
reported per the C3RS Implementing Memorandum of Understanding (IMOU).
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays. If you do not have access to the Internet, please
contact FRA's docket clerk at<PHONE_NUMBER> who will provide necessary
information concerning the contents of the petition.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.

     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received within July 20, 2015 of the date of this
notice will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov.

    Issued in Washington, DC, on May 2, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-13642 Filed 6-3-15; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register: February 12, 2007 (Volume 72, Number 28)]
[Notices]
[Page 6562]
[DOCID:fr12fe07-78]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Non-Project Use of Project Lands and Waters and
Soliciting Comments, Motions To Intervene, and Protests

February 2, 2007.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Non-Project Use of Project Lands and Waters.
    b. Project No: 2503-111.
    c. Date Filed: January 12, 2007.
    d. Applicant: Duke Energy Carolinas, LLC.
    e. Name of Project: Keowee-Toxaway Hydroelectric Project.
    f. Location: The project is located on Lake Keowee in Pickens
County, South Carolina. The project does not utilize federal or tribal
lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Joe Hall, Lake Management Representative,
Duke Energy Corporation, P.O. Box 1006, Charlotte, NC 28201-1006.
Phone:<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Shana High at<PHONE_NUMBER>.
    j. Deadline for filing comments and/or motions: March 2, 2007.
    All documents (original and eight copies) should be filed with: Ms.
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington DC 20426. Please include the project
number (P-2503-111) on any comments or motions filed. Comments,
protests, and interventions may be filed electronically via the
internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's web site under the ``e-Filing'' link.
The Commission strongly encourages e-filings.
    k. Description of Proposal: Duke Energy Carolinas, LLC proposes to
lease two parcels of project land to The Highlands on Lake Keowee
Owner's Association for two proposed cluster docks and a courtesy
launch for canoes. The two parcels will total 0.711 acre and will
provide 19 boat docking locations for access to the reservoir by
residents of The Highlands. Two cluster docks, one with nine docking
locations and one with ten docking locations, would be on 0.623 acre of
project property, and the canoe launch would be on an 0.088 acre parcel
of project property. The licensee consulted with, and incorporated
comments received from, various Federal and state agencies including
the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, South
Carolina Department of Archives and History, South Carolina Department
of Natural Resources, South Carolina Department of Parks, Recreation,
and Tourism, and the South Carolina Institute of Archaeology and
Anthropology.
    l. Locations of the Application: This filing is available for
review at the Commission or may be viewed on the Commission's Web site
at http://www.ferc.gov, using the ``eLibrary'' link. Enter the docket

number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY,

contact<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions To Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', OR ``MOTION TO INTERVENE'', as
applicable, and the project number of the particular application to
which the filing refers. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    p. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E7-2261 Filed 2-9-07; 8:45 am]

BILLING CODE 6717-01-P


9040C  1 Revision 3 August 2002 METHOD 9040C pH ELECTROMETRIC MEASUREMENT 1.0 SCOPE AND APPLICATION 1.1 Method 9040 is used to measure the pH of aqueous wastes and those multiphase wastes where the aqueous phase constitutes at least 20% of the total volume of the waste.

1.2 The corrosivity of concentrated acids and bases, or of concentrated acids and bases mixed with inert substances, cannot be measured. The pH measurement requires some water content.

2.0 SUMMARY 2.1 The pH of the sample is determined electrometrically using either a glass electrode in combination with a reference potential or a combination electrode. The measuring device is calibrated using a series of standard solutions of known pH.

3.0 INTERFERENCES 3.1 The glass electrode, in general, is not subject to solution interferences from color, turbidity, colloidal matter, oxidants, reductants, or moderate (< 0.1 molar solution) salinity.

3.2 Sodium error at pH levels > 10 can be reduced or eliminated by using a low sodiumerror electrode.

3.3 Coatings of oily material or particulate matter can impair electrode response. These coatings can usually be removed by gentle wiping or detergent washing, followed by rinsing with distilled water. An additional treatment with hydrochloric acid ( 1: 10) may be necessary to remove any remaining film.

3.4 Temperature effects on the electrometric determination of pH arise from two sources. The first is caused by the change in electrode output at various temperatures. This interference should be controlled with instruments having temperature compensation or by calibrating the electrode instrument system at the temperature of the samples. The second source of temperature effects is the change of pH due to changes in the sample as the temperature changes. This error is sample dependent and cannot be controlled. It should, therefore, be noted by reporting both the pH and temperature at the time of analysis.

4.0 APPARATUS AND MATERIALS 4.1 pH meter: Laboratory or field model. Many instruments are commercially available with various specifications and optional equipment.

4.2 Glass electrode.

4.3 Reference electrode: A silver silver chloride or other reference electrode of constant potential may be used. 9040C  2 Revision 3 August 2002 NOTE: Combination electrodes incorporating both measuring and referenced functions are convenient to use and are available with solid, gel type filling materials that require minimal maintenance.

4.4 Magnetic stirrer and Teflon coated stirring bar.

4.5 Thermometer and/ or temperature sensor for automatic compensation.

5.0 REAGENTS 5.1 Reagent grade chemicals shall be used in all tests. Unless otherwise indicated, it is intended that all reagents shall conform to the specifications of the Committee on Analytical Reagents of the American Chemical Society, where such specifications are available. Other grades may be used, provided it is first ascertained that the reagent is of sufficiently high purity to permit its use without lessening the accuracy of the determination.

5.2 Primary standard buffer salts are available from the National Institute of Standards and Technology ( NIST) and should be used in situations where extreme accuracy is necessary. Preparation of reference solutions from these salts requires some special precautions and handling, such as low conductivity dilution water, drying ovens, and carbon dioxide free purge gas. These solutions should be replaced at least once each month.

5.3 Secondary standard buffers may be prepared from NIST salts or purchased as solutions from commercial vendors. These commercially available solutions have been validated by comparison with NIST standards and are recommended for routine use.

6.0 SAMPLE COLLECTION, PRESERVATION, AND HANDLING Samples should be analyzed as soon as possible.

7.0 PROCEDURE 7.1 Calibration 7.1.1 Because of the wide variety of pH meters and accessories, detailed operating procedures cannot be incorporated into this method. Each analyst must be acquainted with the operation of each system and familiar with all instrument functions. Special attention to care of the electrodes is recommended.

7.1.2 Each instrument/ electrode system must be calibrated at a minimum of two points that bracket the expected pH of the samples and are approximately three pH units or more apart. ( For corrosivity characteri zation, the calibration of the pH meter should include a buffer of pH 2 for acidic wastes and a pH 12 buffer for caustic wastes; also, for corrosivity characterization, the sample must be measured at 25 ± 1 E C if the pH of the waste is above 12.0.) Various instrument designs may involve use of a dial ( to " balance" or " standardize") or a slope adjustment, as outlined in the manufacturer's instructions. Repeat adjustments on successive portions of the two buffer solutions until readings are within 0.05 pH units of the buffer solution value. 9040C  3 Revision 3 August 2002 7.2 Place the sample or buffer solution in a clean glass beaker using a sufficient volume to cover the sensing elements of the electrodes and to give adequate clearance for the magnetic stirring bar. If field measurements are being made, the electrodes may be immersed directly into the sample stream to an adequate depth and moved in a manner to ensure sufficient sample movement across the electrode sensing element as indicated by drift free readings (< 0.1 pH).

7.3 If the sample temperature differs by more than 2 E C from the buffer solution, the measured pH values must be corrected. Instruments are equipped with automatic or manual compensators that electronically adjust for temperature differences. Refer to manufacturer's instructions.

7.4 Thoroughly rinse and gently wipe the electrodes prior to measuring pH of samples. Immerse the electrodes into the sample beaker or sample stream and gently stir at a constant rate to provide homogeneity and suspension of solids. Note and record sample pH and temperature. Repeat measurement on successive aliquots of sample until values differ by < 0.1 pH units. Two or three volume changes are usually sufficient.

8.0 QUALITY CONTROL 8.1 Refer to Chapter One for the appropriate QC protocols.

8.2 Electrodes must be thoroughly rinsed between samples.

9.0 METHOD PERFORMANCE 9.1 Forty four analysts in twenty laboratories analyzed six synthetic water samples containing exact increments of hydrogen hydroxyl ions, with the following results:

Accuracy as Standard Deviation Bias Bias pH Units pH Units % pH Units 3.5 0.10  0.29  0.01 3.5 0.11  0.00 7.1 0.20 + 1.01 + 0.07 7.2 0.18  0.03  0.002 8.0 0.13  0.12  0.01 8.0 0.12 + 0.16 + 0.01 10.0 REFERENCES 1. National Bureau of Standards, Standard Reference Material Catalog 1986 87, Special Publication 260. 9040C  4 Revision 3 August 2002 METHOD 9040C pH ELECTROMETRIC MEASUREMENT


[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Notices]
[Page 61474]
[DOCID:fr05oc10-82]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-3049-000]

Champion Energy Services, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

September 28, 2010.
    This is a supplemental notice in the above-referenced proceeding of
Champion Energy Services, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
Part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is October 18, 2010.
    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 Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-24951 Filed 10-4-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 33 (Friday, February 17, 2012)]
[Rules and Regulations]
[Pages 9529-9532]
[FR Doc No: 2012-3699]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2008-0538; FRL-9632-7]

Approval and Promulgation of Implementation Plans; State of
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is granting full approval of Missouri's attainment
demonstration State Implementation Plan (SIP) and control strategy for
the lead National Ambient Air Quality Standard (NAAQS) nonattainment
area of Herculaneum, Missouri. This action is based on a proposed
conditional approval of the SIP published on October 8, 2008, and a
proposed approval of the supplemental SIP submittal received by EPA on
September 3, 2009, published in the Federal Register on August 27,
2010. The applicable standard addressed in this action is the lead
NAAQS promulgated by EPA in 1978. EPA has determined that both SIP
submittals from the State of Missouri satisfy the applicable
requirements of the Clean Air Act (CAA or Act) and demonstrates
attainment of the 1.5 microgram per cubic meter ([mu]g/m\3\) lead NAAQS
in the Herculaneum, Missouri area. This action does not address the
obligations which Missouri has relative to the revised lead NAAQS
promulgated by EPA in 2008.

DATES: This final rule is effective on March 19, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2008-0538. All documents in the docket are listed on
the www.regulations.gov web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101. The Regional Office's
official hours of business are Monday through Friday, 8 to 4:30
excluding Federal holidays. The interested persons wanting to examine
these documents should make an appointment with the office at least 24
hours in advance.

FOR FURTHER INFORMATION CONTACT: Stephanie Doolan at<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.

Table of Contents

I. Background
    A. SIP Call
    B. Proposed Conditional Approval
    C. Supplemental Proposal
II. EPA Review of the State Submittal
III. Comments and Responses
    A. Comments Received
    B. EPA Response
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    EPA established NAAQS for lead on October 5, 1978 (43 FR 46246).
The 1978 NAAQS for lead is set at a level of 1.5 [mu]g/m\3\ of air,
averaged over a calendar quarter. The Herculaneum, Missouri area is
designated nonattainment for the 1978 lead NAAQS. The area is also
designated nonattainment for the lead NAAQS promulgated by EPA in 2008,
published on November 12, 2008 (73 FR 66964). The action which is the
subject of today's notice addresses only the State's obligations
regarding the 1978 standard. A SIP addressing the 2008 standard is due
no later than June 30, 2012.

A. SIP Call

    From 2002 to 2005, ambient air monitors in the Herculaneum area
monitored attainment of the 1978 lead NAAQS for 10 consecutive calendar
quarters. Despite implementation of all contingency measures specified
by the approved 2002 SIP (67 FR 18497), in the first two quarters of
2005, air quality monitors in the area recorded violations of the 1978
lead NAAQS, which is 1.5 [mu]g/m\3\ lead. Because of these violations
of the 1978 lead NAAQS, EPA proposed and subsequently finalized a SIP
Call on April 14, 2006 (71 FR 19432). The SIP Call notified the State
of EPA's finding that the SIP was substantially inadequate to provide
for attainment and maintenance of the lead NAAQS in Herculaneum, and
required the State to submit a revised SIP within 12 months of the
finding.

B. Proposed Conditional Approval

    On May 31, 2007, EPA received Missouri's revised SIP dated April
26, 2007, for the Herculaneum area. MDNR submitted supplemental
information to EPA on March 19, 2008. The 2007 SIP submission addressed
most of the criteria set forth in the SIP Call, with the exception that
process ventilation requirements had not yet been established. On
October 8, 2008, EPA proposed conditional approval of Missouri's SIP
submissions for May 31, 2007, and March 19, 2008 (73 FR 58913), pending
the establishment of enforceable ventilation requirements. The reader
should refer to the proposed conditional approval for a detailed
discussion of the 2007 SIP submittal, and the rationale for proposing
to approve it with conditions.

C. Supplemental Proposal

    On September 3, 2009, EPA received the SIP revision addressing
ventilation controls, following adoption by the Missouri Air
Conservation Commission on July 29, 2009. EPA determined that the SIP
revision contains enforceable ventilation conditions to ensure adequate
building particle capture. On August 27, 2010, EPA proposed full
approval of Missouri's SIP, including the May 31, 2007, SIP submittal;
the March 19, 2008, supplemental information; and the September 3,
2009, supplemental SIP revision; to bring Herculaneum into attainment
of the 1978 lead NAAQS (75 FR 52701). A detailed rationale for the
proposed approval was included in the August 27, 2010, supplemental
proposal.

II. EPA Review of the State Submittal

    The October 8, 2008, proposed conditional approval contains an
extensive description of the operation of the smelter, and a discussion
of Missouri's SIP. The proposed conditional approval includes a
discussion of air dispersion model selection, and meteorological and
emissions inventory input data, among other elements. The control
strategy and contingency measures are incorporated into the 2007
Consent Judgment between Missouri and Doe Run. For more information on
these elements, and EPA's analysis of them, please refer to the October
8, 2008 Federal Register (73 FR 58913) and associated docket.
    The September 3, 2009, SIP revision addressing building ventilation
requirements, supplements the May 2007 SIP submission. Ventilation
controls include flow rate and fan amperage limits for the Sinter
Plant, Blast Furnace Building, and Refinery Building that result in a
minimum inflow of air at all openings (e.g., doors) to demonstrate that
each building is under negative pressure. The 2009 supplemental SIP
revision includes the revised Work Practices Manual, as well as the
Consent Judgment amended to include the ventilation controls,

associated implementation schedules, and contingency measures. The 2009
amended Consent Judgment and Work Practices Manual are enforceable
documents included in Missouri's SIP submittal, and, by virtue of this
approval, are Federally enforceable as well. For additional information
on these elements, please refer to the August 27, 2010, Federal
Register (75 FR 52701) and associated docket.
    MDNR has revised the Work Practices Manual to include the
additional recordkeeping, compliance monitoring, and corrective action
requirements associated with building ventilation. The facility is
required to measure flow rates once per minute using an automatic data
logging system and to conduct an inflow test of all applicable doors
and openings each calendar quarter. Doe Run must submit quarterly
reports to MDNR summarizing any violations of flow rate and amperage
requirements, and corrective actions taken. Finally, if an ambient air
quality monitor in Herculaneum exceeds 1.4 [mu]g/m\3\ of lead, the
facility must conduct a fluid modeling study of flow patterns within
process buildings to determine whether additional ventilation controls
are appropriate.
    In addition to the ventilation control requirements, the Work
Practices Manual has also been revised to prohibit construction when
temperatures are below 39 degrees Fahrenheit. During the first quarter
of 2008, the facility monitored a violation of the 1978 lead NAAQS
primarily due to in-plant road dust from construction equipment
activities during periods of time when the watering system at the plant
was not operating. Limiting construction when the plant watering system
cannot be operated for dust suppression is expected to decrease the
lead concentrations in ambient air.
    EPA has determined that the September 3, 2009, supplemental SIP
revision contains the necessary enforceable conditions for ventilation-
related control measures. EPA described its analysis of these
ventilation requirements in the supplemental proposal, and incorporates
its analysis in this final action.
    The Main Street monitor operated by MDNR is the closest ambient air
monitor to the Herculaneum facility. Since the first quarter of 2008,
the Main Street monitor has reported 12 consecutive quarterly averages,
or three years, of lead concentrations that attain the 1978 lead NAAQS
(1.5 [mu]g/m\3\). Lead concentrations measured by MDNR at the Main
Street monitor from the second quarter of 2008 to the present range
from 0.662 [mu]g/m\3\, reported for October through December of 2009,
to 1.124 [mu]g/m\3\, reported for July through September 2009.
    Modeling conducted by MDNR as a part of its 2007 SIP attainment
demonstration predicts an ambient lead concentration of 1.49 [mu]g/m\3\
at the facility fence line. A comparison of the SIP attainment
demonstration modeling with the measured ambient lead concentrations
over the past three years, described above, indicates that the model
conservatively predicts ambient lead concentrations and provides
further assurance that the control strategy provides for attainment of
the 1978 lead NAAQS.

III. Comments and Responses

A. Comments Received

    EPA received one set of comments from Doe Run on its October 8,
2008, proposed conditional approval of Missouri's SIP submission (73 FR
58913). EPA is responding to this set of comments in this final action.
EPA did not receive any comments on the supplemental proposed rule.
    On November 7, 2008, Doe Run commented that EPA should grant full
approval of the 2007 Missouri SIP submittal for attainment of the 1978
lead NAAQS at the Herculaneum facility. The basis of this comment was:
    1. Doe Run proceeded to install and implement the controls and
measures specified by the 2007 SIP submission even though EPA had not
approved the SIP;
    2. EPA points to no specific SIP deficiency under section 110 of
the CAA in its proposal to conditionally rather than fully approve the
SIP submittal;
    3. It is unnecessary for EPA to further delay final and full
approval to ensure the enforceability of the SIP submittal;
    4. The buildings included in the ventilation study upon which final
approval is predicated have been and continue to maintain adequate
inflow and building closures control fugitive emissions as intended by
the SIP submittal; and
    5. The modeling demonstration supports full approval.

B. EPA Response

    In this action, EPA is granting full approval to the Missouri SIP
submittal (consisting, as stated previously, of the initial 2007
submittal, the 2008 supplemental information, and the 2009 supplemental
SIP revision) so that the comment requesting full approval of the prior
submission is no longer relevant. However, we note that EPA initially
proposed conditional approval of the SIP submittal based on the
requirement of section 110(a)(2)(A) of the CAA which states that SIPs
shall include enforceable emission limitations and other control
measures that may be necessary or appropriate to meet the applicable
requirements of the CAA. Until the 2009 supplemental SIP revision was
received, the ventilation controls, which are a necessary part of the
emission reduction strategy for attaining the 1978 lead NAAQS, were not
permanent and enforceable. With this final action, the obligation to
continue to meet these requirements is now mandated by the SIP, as
required by section 110(a)(2)(A).

IV. Final Action

    This rulemaking takes final action to approve the Missouri SIP
containing control measures to bring the Herculaneum area into
attainment with the 1978 lead NAAQS (1.5 [mu]g/m\3\). The 2007 SIP
submittal, 2008 supplemental information, and the 2009 supplemental SIP
revision (which includes the revised Work Practices Manual and the 2007
Missouri Consent Judgment with the 2009 amendment to include
enforceable ventilation control requirements) together demonstrate
attainment of the 1978 lead NAAQS and fulfill the requirements of the
CAA. EPA notes that although this SIP revision is directionally correct
in terms of achieving reductions in lead emissions, the State remains
obligated to submit a SIP to attain the 2008 lead NAAQS.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that the Administrator determines to be in compliance with
the provisions of the Act and applicable Federal regulations. 42 U.S.C.
7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's
role is to approve state choices, provided that they meet the criteria
of the CAA. Accordingly, this final action merely approves state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
final action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 17, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Air pollution control, Environmental protection, Incorporation by
reference, Lead, Reporting and recordkeeping requirements.

    Dated: February 6, 2012.
Karl Brooks,
Regional Administrator, Region 7.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart AA--Missouri

0
2. In Sec.  52.1320:
0
a. The table in paragraph (d) is amended by adding entry (25) in
numerical order; and
0
b. The table in paragraph (e) is amended by adding entry (56) in
numerical order to read as follows:

Sec.  52.1320  Identification of plan.

* * * * *
    (d) * * *

                                                EPA-Approved Missouri Source-Specific Permits and Orders
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                State
          Name of source             Order/permit number   effective date             EPA approval date                         Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
(25) Doe Run Herculaneum, MO......  Consent Judgment              5/21/07  2/17/12 [insert FR page number where    This approval does not include any
                                     Modification 07JE-           7/29/09   the document begins].                   subsequent modifications after 2009.
                                     CC00552.                modification
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                                                   EPA-Approved Missouri Nonregulatory SIP Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
     Name of nonregulatory SIP      Applicable geographic       State
             provision              or nonattainment area  submittal date             EPA approval date                         Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
(56) CAA Section 110(a)(2) SIP--    City of Herculaneum,          7/29/09  2/17/12 [insert FR page number where    .....................................
 1978 Pb NAAQS.                      MO.                                    the document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-3699 Filed 2-16-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 29, 2010 (Volume 75, Number 209)]
[Notices]
[Page 66815-66817]
[DOCID:fr29oc10-139]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63176; File No. SR-NYSEArca-2010-94]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to the
Listing of the iShares[supreg] Taxable Municipal Bond Fund

October 25, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that, on October 21, 2010, NYSE Arca, Inc. (``NYSE
Arca'' 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 list and trade under NYSE Arca Equities
Rule 5.2(j)(3), Commentary .02, the following series of the
iShares[supreg] Trust: iShares[supreg] Taxable Municipal Bond Fund. The
text of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and the Exchange's Web site at
http://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 list and trade shares (``Shares'') of the
following series of the iShares[supreg] Trust (``Trust'') under NYSE
Arca Equities Rule 5.2(j)(3), Commentary .02, which governs the listing
and trading of Investment Company Units (``ICUs''): iShares[supreg]
Taxable Municipal Bond Fund (``Fund'').\3\
---------------------------------------------------------------------------

    \3\ The Commission has previously approved listing and trading
of ICUs based on certain fixed income indexes. See, e.g., Securities
Exchange Act Release No. 48662 (October 20, 2003), 68 FR 61535
(October 28, 2003) (SR-PCX-2003-41) (approving listing and trading
pursuant to unlisted trading privileges (``UTP'') of fixed income
funds and the UTP trading of certain iShares[supreg] fixed income
funds). In addition, the Commission has approved NYSE Arca generic
listing rules for Investment Company Units based on a fixed income
index in Securities Exchange Act Release No. 55783 (May 17, 2007),
72 FR 29194 (May 24, 2007) (SR-NYSEArca-2007-36). The Commission has
approved pursuant to Section 19(b)(2) of the Exchange Act the
listing on the American Stock Exchange of exchange traded funds
based on fixed income indexes. See, e.g., Securities Exchange Act
Release No. 48534 (September 24, 2003), 68 FR 56353 (September 30,
2003) (SR-Amex-2003-75) (order approving listing on Amex of eight
series of iShares Lehman Bond Funds). In addition, the Commission
recently has approved for listing on NYSE Arca under NYSE Arca
Equities Rule 8.600 (``Managed Fund Shares'') two actively managed
ETFs of the PIMCO ETF Trust that hold municipal bonds. See
Securities Exchange Act Release No. 60981 (August 27 [sic], 2009)
(SR-NYSEArca-2009-79) (order approving [sic] PIMCO Short-Term
Municipal Bond Strategy Fund and PIMCO Intermediate Municipal Bond
Strategy Fund, among others).
---------------------------------------------------------------------------

    The Trust is registered with the Commission as an investment
company under the Investment Company Act of 1940 (``1940 Act'') (15
U.S.C. 80a).\4\ Blackrock Fund Advisors serves as the investment
adviser (``Adviser'') to the Fund.
---------------------------------------------------------------------------

    \4\ See Registration Statement on Form N-1A for the Trust filed
with the Securities and Exchange Commission on September 30, 2010
(File Nos. 333-92935 and 811-09729) (the ``Registration
Statement''). The descriptions of the Fund and the Shares contained
herein are based on information in the Registration Statement.
---------------------------------------------------------------------------

Description of the Shares and the Fund
    According to the Registration Statement, the Fund seeks investment
results that correspond generally to the price and yield performance,
before fees and expenses, of The BofA Merrill Lynch Broad U.S. Taxable
Municipal Securities Index (the ``Underlying Index'').
    The Underlying Index measures the performance of investment-grade
taxable debt securities of the U.S. municipal bond market. As of
October 1, 2010, there were 1,779 issues in the Underlying Index.
    The Underlying Index includes fixed-rate municipal bonds issued
publicly in the U.S. market by U.S. States and territories and their
political subdivisions. The interest payments on the bonds in the
Underlying Index are generally subject to U.S. Federal income taxes.
Each bond must have an investment grade rating based on the average
rating by Moody's Investors Service, Inc. (``Moody's''), Standard &
Poor's Financial Services LLC (a subsidiary of The McGraw-Hill
Companies, Inc.) (``S&P''), and Fitch, Inc. (``Fitch''). Each bond must
be denominated in U.S. dollars.
    The Exchange is submitting this proposed rule change because the
Underlying Index for the Fund does not meet all of the ``generic''
listing requirements of Commentary .02(a) to NYSE Arca Equities Rule
5.2(j)(3) applicable to listing of ICUs based on fixed income indexes.
The Underlying Index meets all such requirements except for those set
forth in Commentary .02(a)(2).\5\ Specifically, as of October 1, 2010,
70.85% of the weight of the Underlying Index

components have a minimum original principal amount outstanding of $100
million or more.
---------------------------------------------------------------------------

    \5\ Commentary .02(a)(2) to NYSE Arca Equities Rule 5.2(j)(3)
provides components of an index or portfolio underlying a series of
ICUs that in the aggregate account for at least 75% of the weight of
the index or portfolio each must have a minimum original principal
amount outstanding of $100 million or more.
---------------------------------------------------------------------------

    The Exchange represents that: (1) Except for Commentary .02(a)(2)
to NYSE Arca Equities Rule 5.2(j)(3), the Shares of the Fund currently
satisfy all of the generic listing standards under NYSE Arca Equities
Rule 5.2(j)(3); (2) the continued listing standards under NYSE Arca
Equities Rules 5.2(j)(3) and 5.5(g)(2) applicable to ICUs shall apply
to the Shares; and (3) the Trust is required to comply with Rule 10A-3
under the Exchange Act \6\ for the initial and continued listing of the
Shares. In addition, the Exchange represents that the Shares will
comply with all other requirements applicable to ICUs including, but
not limited to, requirements relating to the dissemination of key
information such as the value of the Underlying Index and Intraday
Indicative Value, rules governing the trading of equity securities,
trading hours, trading halts, surveillance, information barriers and
Information Bulletin to ETP Holders, as set forth in Exchange rules
applicable to ICUs and prior Commission orders approving the generic
listing rules applicable to the listing and trading of ICUs.\7\
---------------------------------------------------------------------------

    \6\ 17 CFR 240.10A-3.
    \7\ See, e.g., Securities Exchange Act Release No. 44551 (July
12, 2001), 66 FR 37716 (July 19, 2001) (SR-PCX-2001-14) (order
approving generic listing standards for ICUs and Portfolio
Depositary Receipts); Securities Exchange Act Release No. 41983
(October 6, 1999), 64 FR 56008 (October 15, 1999) (SR-PCX-98-29)
(order approving rules for listing and trading of ICUs).
---------------------------------------------------------------------------

    Detailed descriptions of the Fund, the Underlying Index, procedures
for creating and redeeming Shares, transaction fees and expenses,
dividends, distributions, taxes, risks, and reports to be distributed
to beneficial owners of the Shares can be found in the Registration
Statement or on the Web site for the Fund (http://www.ishares.com), as
applicable.
2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(5) \8\ that an exchange have rules
that are designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest. The
Exchange believes that the proposed rule change will facilitate the
listing and trading of additional types of exchange-traded products
that will enhance competition among market participants, to the benefit
of investors and the marketplace. In addition, the listing and trading
criteria set forth in NYSE Arca Equities Rule 5.2(j)(3) and Commentary
.02 thereto and continued listing criteria in NYSE Arca Equities Rule
5.5(g)(2) are intended to protect investors and the public interest.
---------------------------------------------------------------------------

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

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 proposed rule change does not significantly affect the
protection of investors or the public interest, does not impose any
significant burden on competition, and, by its terms, does not 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). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Exchange states that the proposed rule change does
not significantly affect the protection of investors or the public
interest and does not impose any significant burden on competition. In
addition, the Exchange believes that it has developed adequate trading
rules, procedures, surveillance programs, and listing standards for the
continued listing and trading of the Shares.
    The Commission believes that waiver of the operative delay is
consistent with the protection of investors and the public interest.
The Commission notes that the Underlying Index for the Fund fails to
meet the requirements set forth in Commentary .02(a)(2) to NYSE Arca
Equities Rule 5.2(j)(3) by only a small amount (4.15%) and that the
Exchange represents that the Shares of the Fund currently satisfy all
of the other generic listing standards under NYSE Arca Equities Rule
5.2(j)(3) and all other requirements applicable to ICUs, as set forth
in Exchange rules and prior Commission orders approving the generic
listing rules applicable to the listing and trading of ICUs. The
Commission also notes that there are approximately 1,779 issues in the
Underlying Index as of October 1, 2010. The Commission believes that
the listing and trading of the Shares do not present any novel or
significant issues or impose any significant burden on competition, and
that waiving the 30-day operative delay would benefit the market and
investors by providing market participants with additional investing
choices. For these reasons, the Commission designates the proposal
operative upon filing.\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.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2010-94 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-2010-94. This
file number should be included on the

subject line if e-mail 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 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; 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-2010-94 and should be submitted on or before
November 19, 2010.

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

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-27368 Filed 10-28-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 165 (Monday, August 26, 2013)]
[Notices]
[Page 52766]
[FR Doc No: 2013-20692]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-3048-006.
    Applicants: Longview Fibre Paper and Packaging, Inc.
    Description: Notice of Non-Material Change in Status of Longview
Fibre Paper and Packaging, Inc.
    Filed Date: 8/19/13.
    Accession Number: 20130819-5060.
    Comments Due: 5 p.m. ET 9/9/13.

    Docket Numbers: ER13-2189-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2509 Eva Wind, LLC GIA Cancellation to be effective 8/
2/2013.
    Filed Date: 8/19/13.
    Accession Number: 20130819-5066.
    Comments Due: 5 p.m. ET 9/9/13.

    Docket Numbers: ER13-2190-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2198R10 Kansas Power Pool NITSA and NOA to be
effective 8/1/2013.
    Filed Date: 8/19/13.
    Accession Number: 20130819-5067.
    Comments Due: 5 p.m. ET 9/9/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 19, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-20692 Filed 8-23-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Notices]
[Page 66541]
[FR Doc No: 2015-27556]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-2033]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Survey on Occurrence of Foodborne
Illness Risk Factors in Selected Institutional Foodservice and Retail
Food Stores Facility Types

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Survey on Occurrence of Foodborne
Illness Risk Factors in Selected Institutional Foodservice and Retail
Food Stores Facility Types'' has been approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On June 25, 2015, the Agency submitted a
proposed collection of information entitled ``Survey on Occurrence of
Foodborne Illness Risk Factors in Selected Institutional Foodservice
and Retail Food Stores Facility Types'' to OMB for review and clearance
under 44 U.S.C. 3507. An Agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number. OMB has now
approved the information collection and has assigned OMB control number
0910-0799. The approval expires on December 31, 2016. A copy of the
supporting statement for this information collection is available on
the Internet at http://www.reginfo.gov/public/do/PRAMain.

    Dated: October 23, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-27556 Filed 10-28-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Rules and Regulations]
[Pages 48953-48954]
[FR Doc No: 2018-21094]

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

Coast Guard

33 CFR Part 100

[Docket No. USCG-2018-0795]

Special Local Regulations for Marine Events; San Francisco Bay
Navy Fleet Week Parade of Ships and Blue Angels Demonstration, San
Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the special local regulations in
the navigable waters of the San Francisco Bay for the San Francisco Bay
Navy Fleet Week Parade of Ships and Blue Angels Demonstration from
October 4 through October 7, 2018. This action is necessary to ensure
the safety of event participants and spectators. During the enforcement
period, unauthorized

persons or vessels are prohibited from entering into, transiting
through, or anchoring in the regulated area, unless authorized by the
Patrol Commander (PATCOM).

DATES: The regulations in 33 CFR 100.1105 will be enforced from 10:30
a.m. until 12:30 p.m. on October 5, 2018; from 12:50 p.m. until 5 p.m.
on October 4, 2018; from 12:50 p.m. until 4 p.m. on October 5, 2018;
and from 12:35 p.m. until 4 p.m. on October 6 through 7, 2018 as
identified in the SUPPLEMENTARY INFORMATION section below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
of enforcement, call or email Lieutenant Emily Rowan, U.S. Coast Guard
Sector San Francisco; telephone<PHONE_NUMBER> or email at [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulation for the annual San Francisco Bay Navy Fleet Week
Parade of Ships and Blue Angels Demonstration in 33 CFR 100.1105.
    Regulations for the Navy Parade of Ships will be enforced from
10:30 a.m. until 12:30 p.m. on October 5, 2018; the U.S. Navy Blue
Angels Activities will be enforced from 12:50 p.m. until 5 p.m. on
October 4, 2018, and from 12:50 p.m. until 4 p.m. on October 5, 2018,
and from 12:35 p.m. until 4 p.m. on October 6 through 7, 2018. Under
the provisions of 33 CFR 100.1105, except for persons or vessels
authorized by the PATCOM, in regulated area ``Alpha'' no person or
vessel may enter or remain within 500 yards ahead of any Navy parade
vessel. No person or vessel shall anchor, block, loiter in, or impede
the through transit of ship parade participants or official patrol
vessels in regulated area ``Alpha.''
    Except for persons or vessels authorized by the PATCOM, no person
or vessel may enter or remain within regulated area ``Bravo.''
    When hailed and/or signaled by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, a person or vessel shall
come to an immediate stop. Persons or vessels shall comply with all
directions given; failure to do so may result in expulsion from the
area, citation for failure to comply, or both. The Coast Guard may be
assisted by other Federal, State, or local law enforcement agencies in
enforcing this regulation.
    The PATCOM shall be designated by the Commander, Coast Guard Sector
San Francisco, California. The PATCOM is empowered to forbid and
control the movement of all vessels in the regulated area.
    This notice of enforcement is issued under authority of 33 U.S.C.
1233. In addition to this notification in the Federal Register, the
Coast Guard will provide the maritime community with extensive advance
notification of the regulated area and its enforcement period via the
Local Notice to Mariners, and Broadcast Notice to Mariners.

    Dated: September 20, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2018-21094 Filed 9-27-18; 8:45 am]
 BILLING CODE 9110-04-P