[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Proposed Rules]
[Pages 44228-44232]
[FR Doc No: 2023-14617]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1405; Project Identifier MCAI-2023-00381-T]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2023-04-16, which applies to certain Dassault Aviation Model FALCON
900EX airplanes. AD 2023-04-16 requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. Since the FAA issued AD
2023-04-16, the FAA has determined that new or more restrictive
airworthiness limitations are necessary. This proposed AD would
continue to require the actions in AD 2023-04-16 and would require
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation by reference (IBR). The FAA is proposing
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 28,
2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1405; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email: [email protected]; website: easa.europa.eu.
You may find this material on the EASA website: ad.easa.europa.eu.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th Street, Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1405; Project Identifier
MCAI-2023-00381-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Tom
Rodriguez, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    The FAA issued AD 2023-04-16, Amendment 39-22363 (88 FR 20738,
April 7, 2023) (AD 2023-04-16), for certain Dassault Aviation Model
FALCON 900EX airplanes. AD 2023-04-16 was prompted by an MCAI
originated by EASA, which is the Technical Agent for the Member States
of the European Union. EASA issued AD 2022-0141, dated July 7, 2022
(EASA AD 2022-0141), to correct an unsafe condition.
    AD 2023-04-16 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The FAA issued AD 2023-04-16 to
address reduced structural integrity of the airplane. AD 2023-04-16
specifies that accomplishing the actions required by paragraph (g) or
(i) of that AD terminates the requirements of paragraph (g)(1) of AD
2010-26-05, Amendment 39-16544 (75 FR 79952, December 21, 2010) (AD
2010-26-05) for Dassault Aviation Model FALCON 900EX airplanes, serial
number (S/N) 97, and S/Ns 120 and higher only. This proposed AD would
therefore continue to allow that terminating action.

Actions Since AD 2023-04-16 Was Issued

    Since the FAA issued AD 2023-04-16, EASA superseded AD 2022-0141
and issued EASA AD 2023-0047, dated March 2, 2023 (EASA AD 2023-0047)
(referred to after this as the MCAI), for certain Dassault Aviation
Model FALCON 900EX airplanes. The MCAI states that new or more
restrictive airworthiness limitations have been developed.
    Airplanes with an original airworthiness certificate or original
export certificate of airworthiness issued after November 15, 2022 must
comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet;
this proposed AD therefore does not include those airplanes in the
applicability.
    The FAA is proposing this AD to address among other things, fatigue
cracking and damage in principal structural elements. The unsafe
condition, if not addressed, could result in reduced structural
integrity of the airplane. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2023-1405.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0047. This service information
specifies

new or more restrictive airworthiness limitations for airplane
structures and safe life limits.
    This proposed AD would also require EASA AD 2022-0141, dated July
7, 2022, which the Director of the Federal Register approved for
incorporation by reference as of May 12, 2023 (88 FR 20738, April 7,
2023).
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all requirements of AD 2023-04-16.
This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate additional new or
more restrictive airworthiness limitations, which are specified in EASA
AD 2023-0047 already described, as proposed for incorporation by
reference. Any differences with EASA AD 2023-0047 are identified as
exceptions in the regulatory text of this AD.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (n)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to retain the IBR of EASA AD 2022-0141 and incorporate
EASA AD 2023-0047 by reference in the FAA final rule. This proposed AD
would, therefore, require compliance with EASA AD 2023-0047 and EASA AD
2022-0141 through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in EASA AD 2023-0047 or EASA AD 2022-0141 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0047 or EASA AD 2022-0141. Service information required by EASA AD
2023-0047 and EASA AD 2022-0141 for compliance will be available at
regulations.gov by searching for and locating Docket No. FAA-2023-1405
after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOCs paragraph under ``Additional AD Provisions.'' This new format
includes a ``New Provisions for Alternative and Intervals'' paragraph
that does not specifically refer to AMOCs, but operators may still
request an AMOC to use an alternative action or interval.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 144 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2023-04-16 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
    The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and

responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:
0
a. Removing airworthiness directive 2023-04-16, Amendment 39-22363 (88
FR 20738, April 7, 2023); and
0
b. Adding the following new airworthiness directive:

Dassault Aviation: Docket No. FAA-2023-1405; Project Identifier
MCAI-2023-00381-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by August 28, 2023.

(b) Affected ADs

    (1) This AD replaces AD 2023-04-16, Amendment 39-22363 (88 FR
20738, April 7, 2023) (AD 2023-04-16).
    (2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR
79952, December 21, 2010) (AD 2010-26-05).

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 900EX
airplanes, serial number (S/N) 97 and S/Ns 120 and higher,
certificated in any category, with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before November 15, 2022.

(d) Subject

    Air Transport Association (ATA) of America Code: 05, Time
Limits/Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address among other things, fatigue cracking and
damage in principal structural elements. The unsafe condition, if
not addressed, could result in reduced structural integrity of the
airplane.

(f) Compliance

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

(g) Retained Revision of the Existing Maintenance or Inspection
Program, With a New Terminating Action

    This paragraph restates the requirements of paragraph (j) of AD
2023-04-16, with a new terminating action. For airplanes with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before November 15, 2021: Except as
specified in paragraph (h) of this AD, comply with all required
actions and compliance times specified in, and in accordance with,
European Union Aviation Safety Agency (EASA) AD 2022-0141, dated
July 7, 2022 (EASA AD 2022-0141). Accomplishing the revision of the
existing maintenance or inspection program required by paragraph (j)
of this AD terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2022-0141, With No Changes

    This paragraph restates the exceptions specified in paragraph
(k) of AD 2023-04-16, with no changes.
    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0141 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0141 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after May 12, 2023 (the effective date
of AD 2023-04-16).
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0141 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2022-0141, or within 90
days after May 12, 2023 (the effective date of AD 2023-04-16),
whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0141 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2022-0141 does not apply
to this AD.

(i) Retained Restrictions on Alternative Actions and Intervals, With a
New Exception

    This paragraph restates the requirements of paragraph (l) of AD
2023-04-16, with a new exception. Except as required by paragraph
(j) of this AD, after the maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2022-0141.

(j) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0047, dated March 2, 2023 (EASA AD
2023-0047). Accomplishing the revision of the existing maintenance
or inspection program required by this paragraph terminates the
requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2023-0047

    (1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0047.
    (2) Paragraph (3) of EASA AD 2023-0047 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2023-0047 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2023-0047, or within 90
days after the effective date of this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in
paragraphs (4) and (5) of EASA AD 2023-0047.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0047.

(l) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2023-0047.

(m) Terminating Action for AD 2010-26-05

    Accomplishing the actions required by paragraph (g) or (j) of
this AD terminates the requirements of paragraph (g)(1) of AD 2010-
26-05, for Dassault Aviation Model FALCON 900EX airplanes, S/N 97
and S/Ns 120 and higher only.

(n) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (o) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.

    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Dassault Aviation's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(o) Additional Information

    For more information about this AD, contact Tom Rodriguez,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected].

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0047,
dated March 2, 2023.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
May 12, 2023 (88 FR 20738, April 7, 2023).
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0141,
dated July 7, 2022.
    (ii) [Reserved]
    (5) For EASA ADs 2022-0141 and 2023-0047, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email: [email protected]; website: easa.europa.eu. You may find
these EASA ADs on the EASA website: ad.easa.europa.eu.
    (6) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 6, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-14617 Filed 7-11-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Proposed Rules]
[Pages 50237-50238]
[FR Doc No: 2015-20294]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-1140; Airspace Docket No. 15-AWP-5]

Proposed Revocation of Class E Airspace; Burbank, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to remove Class E surface area airspace
designated as an extension to the Class C airspace at Burbank-Glendale-
Pasadena Airport, Burbank, CA. After reviewing the airspace, the FAA
found no standard instrument approach procedures requiring Class E
surface area airspace designated as an extension to the Class C
airspace.

DATES: Comments must be received on or before October 5, 2015.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2015-
1140; Airspace Docket No. 15-AWP-5, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5527), is on the ground floor of the building at the above address.
    FAA Order 7400.9Y, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15. For further
information, you can contact the Airspace Policy and Regulations Group,
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Steve Haga, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would remove Class E airspace at Burbank-Glendale-Pasadena
Airport, Burbank, CA.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2015-1140;
Airspace Docket No. 15-AWP-5.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic

Organization, Western Service Center, Operations Support Group, 1601
Lind Avenue SW., Renton, WA 98057.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.9Y, Airspace
Designations and Reporting Points, dated August 6, 2014, and effective
September 15, 2014. FAA Order 7400.9Y is publicly available as listed
in the ADDRESSES section of this proposed rule. FAA Order 7400.9Y lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by removing Class E airspace designated as
an extension to Class C airspace at Burbank-Glendale-Pasadena Airport,
Burbank, CA. A review of the airspace revealed removal necessary due to
no standard instrument approach procedures requiring Class E surface
area airspace designated as an extension to the Class C airspace.
    Class E airspace designations are published in paragraph 6003 of
FAA Order 7400.9Y, dated August 6, 2014, and effective September 15,
2014, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y,
Airspace Designations and Reporting Points, dated August 6, 2014, and
effective September 15, 2014, is amended as follows:

Paragraph 6003: The Class E Airspace Areas Listed Below Consist of
Airspace Extending Upward From the Surface Designated as an
Extension to a Class C Surface Area

* * * * *

AWP CA E3 Burbank-Glendale-Pasadena Airport, CA [Removed]

    Issued in Seattle, Washington, on August 6, 2015.
Christopher Ramirez,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2015-20294 Filed 8-18-15; 08:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Notices]
[Page 17529]
[FR Doc No: 2016-07108]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, March
31, 2016 at 2:00 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matter at the Closed Meeting.
    Commissioner Stein, as duty officer, voted to consider the items
listed for the Closed Meeting in closed session.
    The subject matter of the Closed Meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at<PHONE_NUMBER>.

    Dated: March 24, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-07108 Filed 3-25-16; 11:15 am]
 BILLING CODE 8011-01-P


? Need to return call by / at/ between and . Signature: Project No.: DISTRIBUTION Page __ 1_ of _ 1_

Project Name: National Strategy TELEPHONE CALL RECORD Outgoing Call Date: 01/ 14/ 04 Time: 2: 30 Company Name: Dis Tran Wood Products, Inc., Pineville, LA Contact Name: Mike Galardo Phone No.: ( 318) 640 6892 Name: Arash Hooshangi Eastern Research Group, Inc.

GENERAL SUBJECT : Verification of permit and reports of pollutant discharges TOPICS DISCUSSED AND ACTION TAKEN I called Dis Tran Wood Products on Wednesday, Jan. 13 to speak with Mike Galardo whose name was listed as a contact in the TRI database. Two issues were concerned. First, this facility does not have any PCS permit, as it appears on OTIS. Second, we wanted to find out how they calculated their Dioxin discharges, since their facility was among the top 90% dischargers of pollutants in the Timber products industry. Mike Galardo explained their process to me. He said that their wastewater which is process water is sent to 2 equalization tanks, a separator, a neutralizer and is finally filtered before being discharged to sewer. For that, he said that their company holds a permit with the city of Pineville. This process wastewater is sent to the municipal wastewater treatment facility. Therefore, all their process water goes to POTW. He also mentioned that their facility has a general storm water permit with the state. But he said that storm water is not very substantial at their facility and it only includes small run offs from the labs and washrooms. The storm water is directly discharged to open water and is periodically checked. As for the city permit, he said that all parameters are set by the city according to their requirements. The pollutants that are regulated include, pH, pentachlorphenol, phenol, oil and grease, CR, Cu, As and Mo. Mr. Galardo mentioned that an engineering consulting company named Bald Engineering completes the Form R for them. The consultant is also in charge of taking samples and measuring the amount of chemical in the wastewater. The contact at Bald Engineering is Randy McGuire @ ( 205) 345 6399.


[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Notices]
[Pages 36983-36984]
[FR Doc No: 2015-15869]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG15-98-000.
    Applicants: North Star Solar, LLC.
    Description: Self-Certification of EG or FC of North Star Solar,
LLC.
    Filed Date: 6/23/15.
    Accession Number: 20150623-5076.
    Comments Due: 5 p.m. ET 7/14/15.

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

    Docket Numbers: ER10-2331-031; ER14-630-008; ER10-2326-029; ER10-
2330-030.
    Applicants: J.P. Morgan Ventures Energy Corporation, AlphaGen Power
LLC, Cedar Brakes I, L.L.C., Utility Contract Funding, L.L.C.
    Description: Updated market power analysis for the Central Region
of the JPMorgan Sellers.
    Filed Date: 6/23/15.
    Accession Number: 20150623-5061.
    Comments Due: 5 p.m. ET 8/24/15.

    Docket Numbers: ER13-1371-001.
    Applicants: GP Big Island, LLC.
    Description: Compliance filing per 35: compliance to 8202016 to be
effective 6/24/2015.
    Filed Date: 6/23/15.
    Accession Number: 20150623-5007.
    Comments Due: 5 p.m. ET 7/14/15.

    Docket Numbers: ER13-1923-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing per 35: 2015-06-22_MISO_SERTP Order
1000 Compliance to be effective 1/1/2015.
    Filed Date: 6/22/15.
    Accession Number: 20150622-5185.
    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER15-1841-001.
    Applicants: Panda Liberty LLC.
    Description: Tariff Amendment per 35.17(b): Supplement to Market-
Based Rate Application to be effective 7/17/2015.
    Filed Date: 6/22/15.
    Accession Number: 20150622-5195.
    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER15-1905-001.
    Applicants: AZ721 LLC.
    Description: Tariff Amendment per 35.17(b): Amendment to Market
Based Rate to be effective 8/11/2015.
    Filed Date: 6/22/15.
    Accession Number: 20150622-5177.
    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER15-1961-000.
    Applicants: L'Anse Warden Electric Company.
    Description: Tariff Withdrawal per 35.15: Notice of Cancellation to
be effective 6/23/2015.
    Filed Date: 6/22/15.
    Accession Number: 20150622-5188.
    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER15-1962-000.
    Applicants: 67RK 8me LLC.
    Description: Initial rate filing per 35.12 SFA to be effective 7/
16/2015.
    Filed Date: 6/22/15.
    Accession Number: 20150622-5194.
    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER15-1963-000.
    Applicants: 65HK 8me LLC.
    Description: Initial rate filing per 35.12 SFA to be effective 7/
16/2015.
    Filed Date: 6/22/15.
    Accession Number: 20150622-5199.
    Comments Due: 5 p.m. ET 7/13/15.

    Docket Numbers: ER15-1964-000.
    Applicants: 87RL 8me LLC.
    Description: Initial rate filing per 35.12 SFA to be effective 7/
16/2015.
    Filed Date: 6/23/15.
    Accession Number: 20150623-5001.
    Comments Due: 5 p.m. ET 7/14/15.

    Docket Numbers: ER15-1965-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
1276R8 KCP&L NITSA NOA and Cancellation of 1765R11 KCPL-GMO to be
effective 6/1/2015.
    Filed Date: 6/23/15.
    Accession Number: 20150623-5039.
    Comments Due: 5 p.m. ET 7/14/15.

    Docket Numbers: ER15-1966-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
Revisions to OATT Att K-Appendix and OA Schedule 1 re Lost Opportunity
Cost to be effective 9/1/2015.
    Filed Date: 6/23/15.
    Accession Number: 20150623-5102.
    Comments Due: 5 p.m. ET 7/14/15.

    Docket Numbers: ER15-1967-000.
    Applicants: Renaissance Power, L.L.C.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
Reactive Rate Filing to be effective 1/21/2015.
    Filed Date: 6/23/15.
    Accession Number: 20150623-5106.
    Comments Due: 5 p.m. ET 7/14/15.

    Docket Numbers: ER15-1968-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): 2015-
06-23_SA 2707 NSP-Odell Wind Farm 2nd Rev GIA (G826) to be effective 6/
24/2015.
    Filed Date: 6/23/15.
    Accession Number: 20150623-5111.
    Comments Due: 5 p.m. ET 7/14/15.

    Docket Numbers: ER15-1969-000.
    Applicants: NorthWestern Corporation.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
Revised Rate Schedule 188--Colstrip 1 and 2 Transmission Agreement to
be effective 9/1/2015.
    Filed Date: 6/23/15.
    Accession Number: 20150623-5112.
    Comments Due: 5 p.m. ET 7/14/15.

    Docket Numbers: ER15-1970-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Initial rate filing per 35.12 System Impact Study
Agreement, Service Agreement No. 51 to be effective 6/24/2015.
    Filed Date: 6/23/15.
    Accession Number: 20150623-5133.
    Comments Due: 5 p.m. ET 7/14/15.

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

    Docket Numbers: ES15-37-000.
    Applicants: Michigan Electric Transmission Company, LLC.
    Description: Application under Section 204 of Michigan Electric
Transmission Company, LLC.
    Filed Date: 6/22/15.
    Accession Number: 20150622-5200.
    Comments Due: 5 p.m. ET 7/13/15.

    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: June 23, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-15869 Filed 6-26-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Proposed Rules]
[Pages 83875-83877]
[FR Doc No: 2023-26352]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2223; Airspace Docket No. 23-AGL-33]
RIN 2120-AA66

Establishment of Class E Airspace; Mott, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace at Mott,
ND. The FAA is proposing this action due to the development of new
public instrument procedures and to support instrument flight rule
(IFR) operations.

DATES: Comments must be received on or before January 16, 2024.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2223 and
Airspace Docket No. 23-AGL-33 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instruction for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9

a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    FAA Order JO 7400.11H, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish the Class E airspace extending upward from 700
feet above the surface at Mott Municipal Airport, Mott, ND, to support
IFR operations at this airport.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it received on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or dely. The FAA may change this proposal in light of
the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT post 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-14FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the Federal Aviation Administration, Air
Traffic Organization, Central Service Center, Operations Support Group,
10101 Hillwood Parkway, Fort Worth, TX 76177.

Incorporation by Reference

    Class E airspace is published in paragraph 6005 of FAA Order JO
7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document proposes to amend the current version of that order, FAA Order
JO 7400.11H, dated August 11, 2023, and effective September 15, 2023.
These updates would be published subsequently in the next update to FAA
Order JO 7400.11. That order is publicly available as listed in the
ADDRESSES section of this document.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Proposal

    The FAA is proposing to amend 14 CFR part 71 by establishing Class
E airspace extending upward from 700 feet above the surface to within a
6.9-mile radius of Mott Municipal Airport, Mott, ND.
    The FAA is proposing this action due to the development of new
public instrument procedures and to support IFR operations.

Regulatory Notices and Analyses

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

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL ND E5 Mott, ND [Establish]

Mott Municipal Airport, SD
    (Lat 46[deg]21'33'' N, long 102[deg]19'42'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.9-mile radius of Mott Municipal Airport.
* * * * *

    Issued in Fort Worth, Texas, on November 27, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-26352 Filed 11-30-23; 8:45 am]
BILLING CODE 4910-13-P


MEMORANDUM Subject: Teleconference with Ingersoll Rand, March 4, 2004 From: Steven Silverman, Attorney Office of General Council To: Environmental Protection Agency ( EPA), Air Docket A 2001 28; E DOCKET OAR 2003 0012 Date: April 15, 2004 ____________________________________________________________________________

On March 4, 2004, EPA representatives ( Cleophas Jackson, Don Kopinski, myself) had a teleconference with Alan McConnell and William Lane, counsel for Ingersoll Rand. We discussed issues outstanding with the company: per cent of production allowance, early clean engine credit, 2007 technical review, and hardship relief provision.

We indicated that we were considering a " technical hardship" equipment flexibility provision modeled after the economic hardship provision in the current rules. The basic idea would be that equipment manufacturers could be eligible for an additional 70 % per cent of production allowance upon a showing of extreme technical hardship not resulting from the fault of the equipment manufacturer. EPA would make this determination case by case upon an objective showing of extreme hardship based upon information relating to equipment design process, date of receipt of relevant information from the engine manufacturer, specific engineering problem faced, etc. The allowance, if granted, would have to be used in the initial two model years.

Ingersoll counsel thought this type of provision could be satisfactory. They agreed that it was intended to provide further lead time where an engine manufacturer can demonstrate that extreme, unavoidable technical problems arise and cannot be accommodated through the flexibilities in existing rules.

Ingersoll counsel also agreed with the modification to the clean engine early credit provision ( equipment makers along with engine manufacturers could be eligible for the credit, and equipment makers would have a right of first refusal to use of the credit). They also agreed with our description of the 2007 technical review.

Ingersoll counsel said they were prepared to provide written support for the nonroad Tier 4 rule is the final rule is as described in this teleconference. They asked to see draft language, especially for the technical hardship potential provision.


[Federal Register: September 12, 2007 (Volume 72, Number 176)]
[Notices]
[Page 52186-52187]
[DOCID:fr12se07-129]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56367; File No. SR-ISE-2007-82]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Fee Changes

 September 6, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 4, 2007, the International Securities Exchange, LLC
(the ``Exchange'' or ``ISE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which items have been prepared by the
Exchange. The Exchange filed the proposed rule change pursuant to
Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(2) thereunder \4\
which renders it effective upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The ISE is proposing to amend its Schedule of Fees to establish
fees for transactions in options on one ``Premium Product.'' \5\ The
text of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and at the Exchange's Web site
(http://www.ise.com).

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

    \5\ ``Premium Products'' is defined in the ISE Schedule of Fees
as the products enumerated therein.
---------------------------------------------------------------------------

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

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

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

1. Purpose
    The Exchange is proposing to amend its Schedule of Fees to
establish fees for transactions in options on the iShares Dow Jones
U.S. Broker-Dealers Index Fund (``IAI'').\6\ The Exchange represents
that IAI is eligible for options trading because it constitutes ``Fund
Shares,'' as defined by ISE Rule 502(h).
---------------------------------------------------------------------------

    \6\ iShares[reg] is a registered trademark of Barclays Global
Investors, N.A. (``BGI''), a majority-owned subsidiary of Barclays
Bank PLC. ``Dow Jones'' is a service mark of Dow Jones & Company,
Inc. (``Dow Jones'') and has been licensed for use for certain
purposes by BGI. All other trademarks and service marks are the
property of their respective owners. iShares Dow Jones U.S. Broker-
Dealers Index Fund (``IAI'') is not sponsored, endorsed, issued,
sold or promoted by Dow Jones. BGI and Dow Jones have not licensed
or authorized ISE to (i) engage in the creation, listing, provision
of a market for trading, marketing, and promotion of options on IAI
or (ii) to use and refer to any of their trademarks or service marks
in connection with the listing, provision of a market for trading,
marketing, and promotion of options on IAI or with making
disclosures concerning options on IAI under any applicable federal
or state laws, rules or regulations. BGI and Dow Jones do not
sponsor, endorse, or promote such activity by ISE, and are not
affiliated in any manner with ISE.
---------------------------------------------------------------------------

    All of the applicable fees covered by this filing are identical to
fees charged by the Exchange for all other Premium Products.
Specifically, the Exchange is proposing to adopt an execution fee and a
comparison fee for all transactions in options on IAI.\7\ The amount of
the execution fee and comparison fee for products covered by this
filing shall be $0.15 and $0.03 per contract, respectively, for all
Public Customer Orders \8\ and Firm Proprietary orders. The amount of
the execution fee and comparison fee for all ISE Market Maker
transactions shall be equal to the execution fee and comparison fee
currently charged by the Exchange for ISE Market Maker transactions in
equity options.\9\ Finally, the amount of the execution fee and
comparison fee for all non-ISE Market Maker transactions shall be $0.37
and $0.03 per contract, respectively. Further, since options on IAI are
multiply-listed, the Payment for Order Flow fee shall apply to this
product. The Exchange believes the proposed rule change will further
the Exchange's goal of introducing new products to the marketplace that
are competitively priced.
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    \7\ These fees will be charged only to Exchange members. Under a
pilot program that is set to expire on July 31, 2008, these fees
will also be charged to Linkage Orders (as defined in ISE Rule
1900). See Securities Exchange Act Release No. 56128 (July 24,
2007), 72 FR 42161 (August 1, 2007) (SR-ISE-2007-55).
    \8\ ``Public Customer Order'' is defined in Exchange Rule
100(a)(39) as an order for the account of a ``Public Customer.''
``Public Customer'' is defined in Exchange Rule 100(a)(38) as a
person that is not a broker or dealer in securities.
    \9\ The execution fee is currently between $.21 and $.12 per
contract side, depending on the Exchange Average Daily Volume, and
the comparison fee is currently $.03 per contract side.
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2. Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\10\ in general, and
furthers the objectives of Section 6(b)(4),\11\ in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees, and other charges among its members and other persons using
its facilities.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not 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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because it establishes or changes a due, fee, or other charge
applicable only to a member, the foregoing rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(2) \13\ thereunder. At any time within 60 days of the filing of
such proposed rule change, the Commission may summarily abrogate 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.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-ISE-2007-82 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-ISE-2007-82. 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 Commissions 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 inspection
and copying 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 such filing also will be available for
inspection and copying at the principal office of the ISE. 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-ISE-2007-82 and should be
submitted on or before October 3, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-17937 Filed 9-11-07; 8:45 am]

BILLING CODE 8010-01-P