[Federal Register: January 5, 2010 (Volume 75, Number 2)]
[Proposed Rules]
[Page 285-286]
[DOCID:fr05ja10-21]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2004-19608]
RIN 2126-AB26

Hours of Service

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of public listening sessions.

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SUMMARY: FMCSA announces that it will hold three public listening
sessions to solicit comments and information on potential hours-of-
service (HOS) regulations. Specifically, the Agency wants to know what
factors, issues, and data it should be aware of as it prepares to issue
a notice of proposed rulemaking (NPRM) on HOS requirements for
property-carrying commercial motor vehicle (CMV) drivers. The sessions
will be held in the Washington, DC area, Los Angeles, and Dallas. The
listening sessions will allow interested persons to present comments,
views, and relevant research on revisions FMCSA should consider in its
forthcoming rulemaking. All comments will be transcribed and placed in
the rulemaking docket for the FMCSA's consideration.

DATES: The first listening session will be January 19, 2010, in
Arlington, VA (near Washington, DC). Subsequent listening sessions will
be January 22, 2010, in Dallas Fort Worth Airport, TX; and January 25,
2010, in Los Angeles, CA. All listening sessions will begin at 9 a.m.
local time and end at 5 p.m., or earlier, if all participants wishing
to express their views have done so.

ADDRESSES: The January 19th meeting will be held at the Doubletree
Hotel Crystal City National Airport (Commonwealth Ballroom), 300 Army
Navy Drive, Arlington, VA 22202-2891 (1-703-416-4100).
    The January 22th meeting will be held in Dallas at the Hyatt
Regency DFW, International Parkway, P.O. Box 619014, DFW Airport,
Texas, USA 75261 (1-972-453-1234).
    The January 25th meeting will be held in Los Angeles at the
Doubletree LAX (Pacific Ballroom), 1985 East Grand Ave., El Segundo,
California, USA 90245-5015 (1-310-322-0999).
    You may submit comments bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA-2004-19608 using any of the following
methods.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to http://www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The on-line Federal document management system
is available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System published in the Federal Register on January 17, 2008
(73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/
E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: For special accommodations for any of
these HOS listening sessions, such as sign language interpretation,
contact Mr. David Miller, Regulatory Development Division, (202) 366-
5370 or at<EMAIL_ADDRESS>by Monday, January 11, 2010, to allow us
to arrange for such services. There is no guarantee that interpreter
services requested on short notice can be provided.
    For information concerning the hours-of-service rules, contact Mr.
Tom Yager, Chief, Driver and Carrier Operations Division, (202) 366-
4325<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On October 26, 2009, Public Citizen, et al. (Petitioners) and FMCSA
entered into a settlement agreement under which Petitioners' petition
for judicial review of the November 19, 2008 Final Rule on drivers'
hours of service will be held in abeyance pending the publication of an
NPRM. The settlement agreement states that FMCSA will submit the draft
NPRM to the Office of Management and Budget (OMB) within nine months,
and publish a Final Rule within 21 months, of the date of the

settlement agreement. The current rule will remain in effect during the
rulemaking proceedings.
    As described above, FMCSA is holding three public listening
sessions across the country to solicit comments and information on
potential revisions to the HOS rule. The Agency will provide further
opportunity for public comment when the NPRM is published.

II. Meeting Participation

    The listening sessions are open to the public. Speakers' remarks
will be limited to 10 minutes each. The public may submit material to
the FMCSA staff at each session for inclusion in the public docket,
FMCSA-2004-19608.

III. Questions for Discussion During the Listening Sessions

    In preparing their comments, meeting participants should consider
the following questions about possible alternatives to the current HOS
requirements. These scenarios are merely set forth for discussion;
FMCSA will not necessarily include them in an NPRM but would request
similar information and data in an NPRM. Answers to these questions
should be based upon the experience of the participants and any data or
information they can share with FMCSA.

A. Rest and On-Duty Time

    1. Would mandatory short rest periods during the work day improve
driver alertness in the operation of a CMV? How long should these rest
periods be? At what point in the duty cycle or drive-time would short
rest periods provide the greatest benefit? What are the unintended
consequences if these short rest periods are mandatory? Should the on-
duty period be extended to allow for mandatory rest periods?
    2. If rest or other breaks from driving improve alertness, could a
driver who chooses to take specified minimum breaks be given scheduling
flexibility--the ability to borrow an hour from another driving day
once a week, for example--if that flexibility would not increase safety
risks or adversely impact driver health?
    3. How many hours per day and per week would be safe and healthy
for a truck driver to work?
    4. Would an hours-of-service rule that allows drivers to drive an
hour less when driving overnight improve driver alertness and improve
safety? Are there any adverse consequences that could arise from the
implementation of a separate night time hours of service regulation?

B. Restart to the 60- and 70-Hour Rule

    1. Is a 34-consecutive-hour off-duty period long enough to provide
restorative sleep regardless of the number of hours worked prior to the
restart? Is the answer different for a driver working a night or
irregular schedule?
    2. What would be the impact of mandating two overnight off-duty
periods, e.g., from midnight to 6 a.m., as a component of a restart
period? Would such a rule present additional enforcement challenges?
    3. How is the current restart provision being used by drivers? Do
drivers restart their calculations after 34 consecutive hours or do
drivers take longer periods of time for the restart?

C. Sleeper Berth Use

    1. If sleeper-berth time were split into two periods, what is the
minimum time in each period necessary to provide restorative sleep?
    2. Could the 14-hour on-duty limitation be extended by the amount
of some additional sleeper-berth time without detrimental effect on
highway safety? What would be the appropriate length of such a limited
sleeper-berth rest period?

D. Loading and Unloading Time

    1. What effect has the fixed 14-hour driving ``window'' had on the
time drivers spend waiting to load or unload? Have shippers and
receivers changed their practices to reduce the amount of time drivers
spend waiting to load or unload?

E. General

    1. Are there aspects of the current rule that do not increase
safety risks or adversely impact driver health and that should be
preserved?

    Issued on: December 29, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-31194 Filed 1-4-10; 8:45 am]

BILLING CODE 4910-EX-P


Comment Info: =================

General Comment:
5/21/2014

Dockets Management Branch (HFA-305)
Food and Drug Administration
5630 Fishers Lane
Room 1061
Rockville, MD 20852

Re: Request for Extension of Comment Period: Docket No. FDA-2014-N-0189

We, Vapetec, LLC t/a Evaporate have conducted preliminary review of your lengthy proposed regulations and respectfully request that the Food and Drug Administration (FDA) extend the comment period for the proposed rule entitled “Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; Regulations on the Sale and Distribution of Tobacco Products and Required Warning Statements for Tobacco Products.”

We, Evaporate, are a small electronic cigarette retailer employing fewer than 350 people. We are a family owned brick and mortar store dealing in high quality electronic cigarettes, personal vaporizers, and e-liquids. We are consumers of these products , as well as a vendor, and strongly believe in the benefits they provide to us and many others. We have spent numerous hours attempting to address the proposed rule. As explained further below, the initial 75-day comment period does not provide enough time for small businesses like Evaporate to adequately analyze the entire proposal and provide substantive comments on the many questions posed by the agency. We desperately need more time to properly address this 240-page document whose contents will undoubtedly deal a devastating economic blow to our business and ultimately, our livelihood.

The preamble to the proposed rule identifies approximately 70 topics and issues the
agency has requested comments on. Many of these issues are complex and difficult and relate to an extremely diverse array of products. Clearly, the lengthy time period that the Agency required to propose these regulations is evidence that the issues addressed in the proposal are multi-faceted and challenging. FDA cannot expect any interested party, and in particular, any manufacturer, to conduct a meaningful review and analysis of these issues and provide detailed and thoughtful comment in a 75-day period.

Therefore, Evaporate again respectfully requests that FDA extend the comment period
by 105 days and agree to accept comments filed to the docket on or before October 22, 2014. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame. I also realize that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.This will help ensure that the final rule is based on an adequate and meaningful administrative record. Thank you in advance for your consideration of this request.

Sincerely,

Christopher Cook
Owner


[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Notices]
[Pages 36978-36981]
[FR Doc No: 2019-16097]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86463; File No. SR-CboeBZX-2019-065]

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

July 24, 2019.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on July 12, 2019, Cboe BZX Exchange, Inc. (the ``Exchange''
or ``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') is filing
with the Securities and Exchange Commission (``Commission'') a proposed
rule change to amend the fee schedule applicable to Members and non-
Members \4\ of the Exchange pursuant to BZX Rules 15.1(a) and (c).
Changes to the fee schedule pursuant to this proposal are effective
upon filing. The text of the proposed rule change is attached [sic] as
Exhibit 5.
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    \4\ A Member is defined as ``any registered broker or dealer
that has been admitted to membership in the Exchange.'' See Exchange
Rule 1.5(n).
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    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these

statements may be examined at the places specified in Item IV below.
The Exchange has prepared summaries, set forth in sections A, B, and C
below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to amend its fee schedule applicable to its
equities trading platform (``BZX Equities'') to modify Step-Up Tier
3.\5\
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    \5\ The Exchange initially filed the proposed fee change on July
1, 2019 (SR-CboeBZX-2019-063), effective July 1, 2019. On business
date July 12, 2019, the Exchange withdrew that filing and submitted
this filing.
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    The Exchange first notes that it operates in a highly-competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of several equity venues to which market
participants may direct their order flow, and it represents a small
percentage of the overall market. The Exchange in particular operates a
``Maker-Taker'' model whereby it pays credits to members that provide
liquidity and assesses fees to those that remove liquidity. The
Exchange's Fees Schedule sets forth the standard rebates and rates
applied per share for orders that provide and remove liquidity,
respectively. Particularly, for orders priced at or above $1.00, the
Exchange provides a standard rebate of $0.0020 per share for orders
that add liquidity \6\ and assesses a fee of $0.0025 per share for
orders that remove liquidity. In response to the competitive
environment, the Exchange also offers tiered pricing which provides
Members opportunities to qualify for higher rebates or reduced fees
where certain volume criteria and thresholds are met. Tiered pricing
provides an incremental incentive for Members to strive for higher tier
levels, which provides increasingly higher benefits or discounts for
satisfying increasingly more stringent criteria.
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    \6\ Displayed Orders which add liquidity in Tape B securities
receive a standard rebate of $0.0025 per share.
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    For example, pursuant to footnote 2 of the Fees Schedule, the
Exchange offers five Step-Up Tiers that provide Members an opportunity
to qualify for an enhanced rebate on their orders that add liquidity
where they increase their relative liquidity each month over a
predetermined baseline. Under the current Step-Up Tiers, a Member
receives a rebate of $0.0030 (Tier 1 and Tier 2), $0.0031 (Tier 3 and
Tier 4), or $0.0032 (Tier 5) per share for qualifying orders which
yield fee codes B,\7\ V,\8\ or Y \9\ if the corresponding required
criteria per tier is met.\10\ Step-Up Tiers 1-5 also each require that
Members reach certain Step-Up Add TCV thresholds. As currently defined
in the BZX Equities fee schedule, Step-Up Add TCV means ADAV \11\ as a
percentage of TCV \12\ in the relevant baseline month subtracted from
current ADAV as a percentage of TCV.\13\ The Exchange notes that step-
up tiers are designed to encourage Members that provide displayed
liquidity on the Exchange to increase their order flow, which would
benefit all Members by providing greater execution opportunities on the
Exchange.
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    \7\ Fee code B is appended to displayed orders which add
liquidity to Tape B and is provided a rebate of $0.0025 per share.
    \8\ Fee code V is appended to displayed orders which add
liquidity to Tape A and is provided a rebate of $0.0020 per share.
    \9\ Fee code Y is appended to displayed orders which add
liquidity to Tape C and is provided a rebate of $0.0020 per share.
    \10\ See Cboe BZX U.S. Equities Fees Schedule, Footnote 2, Step-
Up Tiers.
    \11\ ``ADAV'' means average daily volume calculated as the
number of shares added per day. ADAV is calculated on a monthly
basis.
    \12\ ``TCV'' means total consolidated volume calculated as the
volume reported by all exchanges and trade reporting facilities to a
consolidated transaction reporting plan for the month for which the
fees apply.
    \13\ The following demonstrates how Step-Up Add TCV is
calculated: In December 2018, Member A had an ADAV of 12,947,242
shares and average daily TCV was 9,248,029,751, resulting in an ADAV
as a percentage of TCV of 0.14%; In February 2019, Member A had an
ADAV of 46,826,572 and average daily TCV was 7,093,306,325,
resulting in an ADAV as a percentage of TCV of 0.66%. Member A's
Step-Up Add TCV from December 2018 was therefore 0.52% which makes
Member A eligible for the existing Step-Up Tier 4 rebate. (i.e.,
0.66% (Feb 2019)-0.14% (Dec 2018), which is greater than 0.50% as
required by current Tier 4).
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    The Exchange now proposes to modify Step-Up Tier 3 to update the
predetermined baseline, ease the ADAV threshold and increase the
corresponding rebate. Currently, Step-Up Tier 3 provides that a Member
will receive a rebate of $0.0031 per share for their qualifying orders
which yield fee codes B, V, or Y where the (1) MPID has a Step-Up Add
TCV from January 2018 greater or equal to 0.30% and (2) MPID has an
ADAV as a percentage of TCV greater than or equal to 0.45%. The
Exchange proposes to modify the required criteria to provide that the
Member must have an MPID that (1) has a Step-Up Add TCV from May 2019
(instead of January 2018) greater than or equal to 0.10% (instead of
0.30%) and (2) has an ADAV as a percentage of TCV greater than or equal
to 0.25% (instead of 0.45%). The Exchange also proposes to increase the
rebate from $0.0031 per share to $0.0032 per share. The proposed
changes intend to ease the tier's current criteria and use a more
recent month for the predetermined baseline, which the Exchange
believes is more representative of current volume trends for market
participants. The Exchange hopes these changes will encourage those
Members who could not achieve the tier previously to increase their
order flow as a means to receive the tier's enhanced (and increased)
rebate. To achieve the Step-Up Tier 3, even as modified, Members are
still required to increase the amount of liquidity that they provide on
BZX on an MPID basis, thereby contributing to a deeper and more liquid
market, which benefits all market participants. The proposed change
continues to provide Members an opportunity to receive a rebate and is
designed to provide Members that provide displayed liquidity on the
Exchange a further incentive to increase that order flow, which would
benefit all Members by providing greater execution opportunities on the
Exchange. The Exchange notes the tier, as modified, continues to be
available to all Members.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\14\ in general, and
furthers the objectives of Section 6(b)(4),\15\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members, issuers and other persons
using its facilities. The Exchange also believes that the proposed rule
change is consistent with the objectives of Section 6(b)(5) \16\
requirements that the rules of an exchange be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest, and, particularly, is not
designed to permit

unfair discrimination between customers, issuers, brokers or dealers.
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    \14\ 15 U.S.C. 78f.
    \15\ 15 U.S.C. 78f(b)(4).
    \16\ 15 U.S.C. 78f.(b)(5).
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    The Exchange operates in a highly-competitive market in which
market participants can readily direct order flow to competing venues
if they deem fee levels at a particular venue to be excessive or
incentives to be insufficient. The proposed rule change reflects a
competitive pricing structure designed to incentivize market
participants to direct their order flow to the Exchange, which the
Exchange believes would enhance market quality to the benefit of all
Members.
    In particular, the Exchange believes the proposed changes to Step-
Up Tier 3 are reasonable because the tier continues to provide an
opportunity for Members to receive an enhanced rebate. The Exchange
notes that relative volume-based incentives and discounts have been
widely adopted by exchanges,\17\ including the Exchange,\18\ and are
reasonable, equitable and non-discriminatory because they are open to
all members on an equal basis and provide additional benefits or
discounts that are reasonably related to (i) the value to an exchange's
market quality and (ii) associated higher levels of growth patterns.
Additionally, as noted above, the Exchange operates in highly
competitive market. The Exchange is only one of several equity venues
to which market participants may direct their order flow, and it
represents a small percentage of the overall market. It is also only
one of several maker-taker exchanges. Competing equity exchanges offer
similar tiered pricing structures to that of the Exchange, including
schedules of rebates and fees that apply based upon members achieving
certain volume and/or growth thresholds. These competing pricing
schedules, moreover, are presently comparable to those that the
Exchange provides, including the pricing of comparable tiers.\19\
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    \17\ See e.g., NYSE Arca Equities, Fees and Charges, Step Up
Tiers.
    \18\ See e.g., Cboe BZX U.S. Equities Exchange Fee Schedule,
Footnote 2, Step-Up Tiers 1-4.
    \19\ See e.g., NYSE Arca Equities, Fees and Charges, Step Up
Tiers which offers rebates between $0.0022-$0.0034 per share if the
corresponding required criteria per tier is met. NYSE Arca Equities'
Step Up Tiers similarly require Members to increase their relative
liquidity each month over a predetermined baseline.
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    Moreover, the Exchange believes the Step-Up Tier 3 continues to be
a reasonable means to encourage Members to increase their liquidity on
the Exchange based on increasing their relative volume above a
predetermined baseline and providing liquidity based on the ADAV
threshold requirement on an MPID basis. As noted above, the proposed
changes are designed to, overall, ease Step-Up Tier 3's current
criteria which the Exchange hopes will encourage those Members who
could not achieve the tier previously to increase their order flow as a
means to receive the tier's enhanced (and increased) rebate. Increased
liquidity benefits all investors by deepening the Exchange's liquidity
pool, offering additional flexibility for all investors to enjoy cost
savings, supporting the quality of price discovery, promoting market
transparency and improving investor protection. The Exchange also
believes that the proposed rebate is still reasonable based on the
difficulty of satisfying the tier's criteria and ensures the proposed
rebate and threshold appropriately reflects the incremental difficulty
to achieve the existing Step-Up Tiers. The proposed rebate amount also
does not represent a significant departure from the rebates currently
offered under the Exchange's existing Step-Up Tiers. Indeed, the
proposed rebate amount is the same offered as Step-Up Tier 5 (i.e.,
$0.0032 per share) and only slightly higher than the rebates offered
under Step-Up Tiers 1, 2, and 4 (i.e., $0.0030 and $0.0031 per share).
    The Exchange believes that the proposal represents an equitable
allocation of rebates and is not unfairly discriminatory because all
Members are eligible for the proposed tier and have a reasonable
opportunity to meet the tier's criteria, which is less stringent than
current Step-Up Tier 3. Without having a view of Members' activity on
other markets and off-exchange venues, the Exchange has no way of
knowing whether this proposed rule change would result in any Members
qualifying for this tier. However, based on this month's data to date,
the Exchange expects two or more Members would be able to satisfy the
tier as amended (whereas if Step-Up Tier 3 were unchanged, only one
Member would be expected to satisfy the current criteria). The Exchange
believes the proposed lower ADAV requirement and proposal to use May
2019 as the predetermined baseline would provide an incentive for
additional market participants to increase their adding liquidity each
month in order to meet the new requirements and receive the increased
rebate. The Exchange also notes that the proposal will not adversely
impact any Member's pricing or their ability to qualify for other
rebate tiers. Rather, should a Member not meet the proposed criteria,
the Member will merely not receive an enhanced rebate. Furthermore, the
proposed rebate would apply to all Members that meet the required
criteria under Step-Up Tier 3.

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

    The Exchange does not believe that the proposed rule change will
not impose any burden on intramarket or intermarket competition that is
not necessary or appropriate in furtherance of the purposes of the Act.
Rather, as discussed above, the Exchange believes that the proposed
change would encourage the submission of additional liquidity to a
public exchange, thereby promoting market depth, price discovery and
transparency and enhancing order execution opportunities for all
Members. As a result, the Exchange believes that the proposed change
furthers the Commission's goal in adopting Regulation NMS of fostering
competition among orders, which promotes ``more efficient pricing of
individual stocks for all types of orders, large and small.'' \20\
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    \20\ Securities Exchange Act Release No. 51808, 70 FR 37495,
37498-99 (June 29, 2005) (S7-10-04) (Final Rule).
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    The Exchange believes the proposed rule change does not impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Particularly, the proposed
change applies to all Members equally in that all Members are eligible
for the proposed tier and will all receive the proposed rebate if such
criteria is met. Additionally the proposed change is designed to
attract additional order flow to the Exchange. The Exchange believes
that the proposed tier would incentivize market participants to direct
providing displayed order flow to the Exchange. Greater liquidity
benefits all market participants on the Exchange by providing more
trading opportunities and encourages Members to send orders, thereby
contributing to robust levels of liquidity, which benefits all market
participants.
    Next, the Exchange believes the proposed rule change does not
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. As previously
discussed, the Exchange operates in a highly competitive market.
Members have numerous alternative venues that they may participate on
and direct their order flow, including 12 other equities exchanges and
off-exchange venues, including 32 alternative trading systems.
Additionally, the Exchange represents a small percentage of the overall
market. Based on publicly available information, no single equities
exchange has more

than 23% of the market share.\21\ Therefore, no exchange possesses
significant pricing power in the execution of order flow. Indeed,
participants can readily choose to send their orders to other exchange
and off-exchange venues if they deem fee levels at those other venues
to be more favorable. Moreover, the Commission has repeatedly expressed
its preference for competition over regulatory intervention in
determining prices, products, and services in the securities markets.
Specifically, in Regulation NMS, the Commission highlighted the
importance of market forces in determining prices and SRO revenues and,
also, recognized that current regulation of the market system ``has
been remarkably successful in promoting market competition in its
broader forms that are most important to investors and listed
companies.'' \22\ The fact that this market is competitive has also
long been recognized by the courts. In NetCoalition v. Securities and
Exchange Commission, the D.C. Circuit stated as follows: ``[n]o one
disputes that competition for order flow is `fierce.' . . . As the SEC
explained, `[i]n the U.S. national market system, buyers and sellers of
securities, and the broker-dealers that act as their order-routing
agents, have a wide range of choices of where to route orders for
execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .''.\23\ Accordingly, the Exchange does not believe its
proposed fee change imposes any burden on competition that is not
necessary or appropriate in furtherance of the purposes of the Act.
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    \21\ See Cboe Global Markets U.S. Equities Market Volume Summary
(June 28, 2019), available at http://markets.cboe.com/us/equities/market_share/.
    \22\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \23\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
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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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \24\ and paragraph (f) of Rule 19b-4 \25\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(3)(A).
    \25\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeBZX-2019-065 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeBZX-2019-065. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeBZX-2019-065 and should be submitted
on or before August 20, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-16097 Filed 7-29-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)]
[Notices]
[Page 14361]
[FR Doc No: 2017-05438]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Number: PR17-35-000.
    Applicants: Hope Gas, Inc.
    Description: Tariff filing per 284.123(b)(1)+(g): HGI--
Certification of Unchanged State Rate to be effective 3/9/2017; Filing
Type: 1260.
    Filed Date: 3/9/17.
    Accession Number:<PHONE_NUMBER>98.
    Comments Due: 5 p.m. ET 3/30/17.
    284.123(g) Protests Due: 5 p.m. ET 5/8/17.

    Docket Number: CP17-75-000.
    Applicants: American Midstream (Bamagas Intrastate) LLC.
    Description: Application for Limited Jurisdiction Blanket
Certificate and Request for Expedited Action of American
Midstream(Babagas Intrastate), LLC.
    Filed Date: 03/10/2017.
    Accession Number: 20170310-5223.
    Comment Date: 5:00 p.m. Eastern Time on Monday, March 27, 2017.

    Docket Number: RP17-524-000.
    Applicants: Bear Creek Storage Company, L.L.C.
    Description: Bear Creek Storage Company, L.L.C. submits tariff
filing per 154.203: Annual Report on Operational Transactions.
    Filed Date: 03/09/2017.
    Accession Number: 20170309-5020.
    Comment Date: 5:00 p.m. Eastern Time on Tuesday, March 21, 2017.

    Docket Number: RP17-525-000.
    Applicants: Equitrans, L.P.
    Description: Equitrans, L.P. submits tariff filing per 154.204:
Updated Initial Retainage 4-1-2017 to be effective 4/1/2017.
    Filed Date: 03/10/2017.
    Accession Number: 20170310-5010.
    Comment Date: 5:00 p.m. Eastern Time on Wednesday, March 22, 2017.

    Docket Number: RP17-526-000.
    Applicants: Equitrans, L.P.
    Description: Equitrans, L.P. submits tariff filing per 154.204:
Equitrans' Clean-Up Filing--March 2017 to be effective 4/10/2017.
    Filed Date: 03/10/2017.
    Accession Number: 20170310-5011.
    Comment Date: 5:00 p.m. Eastern Time on Wednesday, March 22, 2017.

    Docket Number: RP17-527-000.
    Applicants: ANR Pipeline Company.
    Description: ANR Pipeline Company submits tariff filing per
154.203: Compliance to CP17-25-000 to be effective 2/28/2017.
    Filed Date: 03/10/2017.
    Accession Number: 20170310-5012.
    Comment Date: 5:00 p.m. Eastern Time on Wednesday, March 22, 2017.

    Docket Number: RP17-528-000.
    Applicants: Equitrans, L.P.
    Description: Equitrans, L.P. submits tariff filing per 154.204:
Negotiated Rate Service Agreement--Mercuria Energy America, Inc. to be
effective 4/1/2017.
    Filed Date: 03/10/2017.
    Accession Number: 20170310-5013.
    Comment Date: 5:00 p.m. Eastern Time on Wednesday, March 22, 2017.

    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 date(s). 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: March 13, 2017.
Nathaniel J. Davis, Sr.,
 Deputy Secretary.
[FR Doc. 2017-05438 Filed 3-17-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Proposed Rules]
[Pages 7654-7655]
[FR Doc No: 2023-02362]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1680; Airspace Docket No. 22-ASO-30]
RIN 2120-AA66

Proposed Revocation of Class E Airspace; Liberty, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to revoke Class E airspace extending
upward from 700 feet above the surface for Causey Airport, Liberty, NC,
as all instrument approaches to the airport have been canceled.

DATES: Comments must be received on or before March 23, 2023.

ADDRESSES: Send comments on this proposal to:
    The U.S. Department of Transportation, Docket Operations, 1200 New
Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington,
DC 20590-0001; Telephone:<PHONE_NUMBER>, or<PHONE_NUMBER>. You must
identify Docket No. FAA-2022-1680; Airspace Docket No. 22-ASO-30 at the
beginning of your comments. You may also submit comments through the
internet at www.regulations.gov.
    FAA Order JO 7400.11G Airspace Designations and Reporting Points
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; 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 airspace for Causey Airport, Liberty, NC.

Comments Invited

    Interested persons are invited to comment on this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide a 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 docket numbers (Docket No. FAA-2022-
1680 and Airspace Docket No. 22-ASO-30) and be submitted in triplicate
to DOT Docket Operations (see ADDRESSES section for the address and
phone number). You may also submit comments through the internet at
www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2022-1680; Airspace Docket No. 22-ASO-30.'' The postcard
will be dated/time-stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal in this document may be changed in light of the comments
received. All comments submitted will be available for examination in
the public docket before and after the comment closing date. A report
summarizing each substantive public contact with FAA personnel
concerned with this rulemaking will be filed in the docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://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 ADDRESS section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except on federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except for federal holidays at the
office of the Eastern Service Center, Federal Aviation Administration,
Room 350, 1701 Columbia Avenue, College Park, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, dated August 19, 2022, and effective
September 15, 2022. FAA Order JO 7400.11G is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11G
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA proposes an amendment to 14 CFR part 71 to remove Class E
airspace extending upward from 700 feet above the surface for Causey
Airport, Liberty, NC, as there are no longer any instrument approaches
into the airport. Therefore Class E airspace is no longer needed.
    Class E airspace designations are published in Paragraph 6005 of
FAA Order JO 7400.11G, dated August 19, 2022, and effective September
15, 2022, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will subsequently be
published in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations, and Reporting Points,
is published yearly and effective on September 15.

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.

Lists 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 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 Federal Aviation
Administration Order JO 7400.11G, Airspace Designations and Reporting
Points, dated August 19, 2022, and effective September 15, 2022, is
amended as follows:

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

* * * * *

ASO NC E5 Liberty, NC [Revoked]

Causey Airport, NC

    Issued in College Park, Georgia, on January 31, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-02362 Filed 2-3-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Notices]
[Pages 53185-53186]
[FR Doc No: 2013-20922]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2013-41]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of FAA'S regulations. The purpose of this
notice is to improve the public's awareness of, and participation in,
this aspect of FAA's regulatory activities. Neither publication of this
notice nor the inclusion or omission of information in the summary is
intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before September 17, 2013.

ADDRESSES: You may send comments identified by Docket Number FAA-2013-
0101 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility 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.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility 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.

FOR FURTHER INFORMATION CONTACT: Michael Menkin, ANM-113,
Standardization Branch, Federal Aviation Administration, Transport
Airplane Directorate, 1601 Lind Ave. SW., Renton, WA 98057; email
<EMAIL_ADDRESS>425-227-2793; fax:<PHONE_NUMBER>; or Andrea
Copeland, ARM-200, Office of

Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW., Washington, DC 20591; email andrea.copeland @faa.gov; (202) 267-
8081.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on August 22, 2013.
Ida Klepper,
Acting Director, Office of Rulemaking.

Petition For Exemption

    Docket No.: FAA-2013-0711
    Petitioner: The Boeing Company
    Section of 14 CFR Affected: Sec.  25.853(d) and Special Conditions
25-370-SC.
    Description of Relief Sought: To allow the use of Ensolite as an
energy absorbing material on side-facing, business-class passenger
seats with inflatable restraints on Boeing Model 787 Series airplanes.

[FR Doc. 2013-20922 Filed 8-27-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Notices]
[Page 23060]
[FR Doc No: 2015-09685]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

 In the Matter of First American Scientific Corp., Order of
Suspension of Trading

April 22, 2015.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
First American Scientific Corp. (CIK No. 1002822), a Nevada corporation
with its principal place of business listed as Abbotsford, British
Columbia, Canada, with stock quoted on OTC Link (previously, ``Pink
Sheets'') operated by OTC Markets Group, Inc. (``OTC Link'') under the
ticker symbol FASC, because it has not filed any periodic reports since
the period ended March 31, 2012. On May 2, 2014, First American
Scientific Corp. received a delinquency letter sent by the Division of
Corporation Finance requesting compliance with their periodic filing
obligations.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. EDT on
April 22, 2015, through 11:59 p.m. EDT on May 5, 2015.

    By the Commission.
Jill M. Peterson,
Secretary.
[FR Doc. 2015-09685 Filed 4-22-15; 4:15 pm]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Notices]
[Pages 56648-56650]
[FR Doc No: 2022-19984]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF22-7-000]

East Tennessee Natural Gas, LLC; Notice of Public Scoping
Sessions for the Planned Ridgeline Expansion Project

    On July 22, 2022, the staff of the Federal Energy Regulatory
Commission (FERC or Commission) issued a Notice of Scoping Period
Requesting Comments On Environmental Issues for the Planned Ridgeline
Expansion Project. With that notice, the Commission requested public
comments on the scope of issues to address in the environmental
document that the FERC staff will prepare to discuss the environmental
impacts of the Ridgeline Expansion Project (Project). The Project
involves construction and operation of facilities by East Tennessee
Natural Gas, LLC (East Tennessee) in Trousdale, Smith, Jackson, Putnam,
Overton, Fentress, Morgan, and Roane Counties, Tennessee. The
Commission will use this environmental document in its decision-making
process to determine whether the Project is in the public convenience
and necessity.
    The July 22, 2022 notice \1\ announced the opening of the scoping
process the Commission will use to gather input from the public and
interested agencies regarding the Project. This notice announces the
scoping session dates, locations, and times (see Public Participation
section of this notice). As part of the National Environmental Policy
Act (NEPA) review process, the Commission considers concerns the public
may have about proposals and the environmental impacts that could
result from its action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. This gathering of
public input is referred to as ``scoping.'' The main goal of the
scoping process is to focus the analysis in the environmental document
on the important environmental issues. Additional information about the
Commission's NEPA process is described below in the NEPA Process and
Environmental Document section of this notice.
---------------------------------------------------------------------------

    \1\ The map provided as appendix 1 in the July 22, 2022 notice
had the incorrect location of the New Meter and Regulation Station
at the TVA Kingston Plant. Appendix 2 in this notice provides the
accurate location. It would be on the west end, and not the east
end, of the Project.
---------------------------------------------------------------------------

    To ensure that your comments are timely and properly recorded,
please submit your comments so that the Commission receives them in
Washington, DC on or before 5:00 p.m. Eastern Time on October 20, 2022.
Comments may be submitted in written or oral form. In lieu of or in
addition to sending written comments, the Commission invites you to
attend public scoping sessions to provide verbal and/or written
comments on the Project. Appendix 1 describes the session format.
Further details on how to submit comments, including attending the
public scoping sessions, are provided in the Public Participation
section of this notice.
    Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. Your input will help the Commission staff determine what
issues they need to evaluate in the environmental document. Commission
staff will consider all written or oral comments during the preparation
of the environmental document.
    If you submitted comments on this Project to the Commission before
the opening of this docket on May 20, 2022, you will need to file those
comments in Docket No. PF22-7-000 to ensure they are considered.
    This notice was sent to the Commission's current environmental
mailing list for this Project. State and local government
representatives should notify their constituents of this planned
Project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the planned facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the Project, the Natural Gas Act conveys the right of eminent
domain to the company. Therefore, if you and the company do not reach
an easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law. The Commission does
not subsequently grant, exercise, or oversee the exercise of that
eminent domain authority. The courts have exclusive authority to handle
eminent domain cases; the Commission has no jurisdiction over these
matters.
    A fact sheet prepared by FERC entitled ``An Interstate Natural Gas
Facility On My Land? What Do I Need To Know?'' addresses typically
asked questions, including the use of eminent domain and how to
participate in the Commission's proceedings. This fact sheet along with
other landowner topics of interest are available for viewing on the
FERC website (www.ferc.gov) under the links to Natural Gas Questions or
Landowner Topics.

Public Participation

    There are four methods you can use to submit your comments to the
Commission. Please carefully follow these instructions so that your
comments are properly recorded. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected].
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With

eFiling, you can provide comments in a variety of formats by attaching
them as a file with your submission. New eFiling users must first
create an account by clicking on ``eRegister.'' You will be asked to
select the type of filing you are making; a comment on a particular
project is considered a ``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the Project docket number (PF22-7-
000) on your letter. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
    (4) In lieu of sending written comments, the Commission invites you
to attend one of the public scoping sessions its staff will conduct in
the project area, scheduled as follows:

------------------------------------------------------------------------
             Date and time                           Location
------------------------------------------------------------------------
Monday, October 3, 2022, 6:30 to 8:30    Kingston Community Center, 201
 p.m. EDT.                                Patton Ferry Road, Kingston,
                                          TN 37763,<PHONE_NUMBER>.
Tuesday, October 4, 2022, 6:00 to 8:00   Trousdale Community Center, 301
 p.m. CDT.                                E Main Street, Hartsville, TN
                                          37074,<PHONE_NUMBER>.
Wednesday, October 5, 2022, 6:00 to      Cookeville High School, 1
 8:00 p.m. CDT.                           Cavalier Drive, Cookeville, TN
                                          38501,<PHONE_NUMBER>.
------------------------------------------------------------------------

    The primary goal of these scoping sessions is to have you identify
the specific environmental issues and concerns that should be
considered in the environmental document. Individual oral comments will
be taken on a one-on-one basis with a court reporter. This format is
designed to receive the maximum amount of oral comments in a convenient
way during the timeframe allotted.
    You may arrive at any time after the start times listed above.
There will not be a formal presentation by Commission staff when the
session opens. If you wish to speak, the Commission staff will hand out
numbers in the order of your arrival. Comments will be taken until the
end times listed above. However, if no additional numbers have been
handed out and all individuals who wish to provide comments have had an
opportunity to do so, staff may conclude the session up to an hour
before the end times listed above. Please see appendix 1 for additional
information on the session format and conduct.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary''. For instructions on
connecting to eLibrary, refer to the last page of this notice. At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact
FERC at [email protected] or call toll free,<PHONE_NUMBER>
or TTY<PHONE_NUMBER>.
---------------------------------------------------------------------------

    Your scoping comments will be recorded by a court reporter (with
FERC staff or representative present) and become part of the public
record for this proceeding. Transcripts will be publicly available on
FERC's eLibrary system (see the last page of this notice for
instructions on using eLibrary). If a significant number of people are
interested in providing oral comments in the one-on-one settings, a
time limit of 5 minutes may be implemented for each commentor.
    It is important to note that the Commission provides equal
consideration to all comments received, whether filed in written form
or provided orally at a scoping session. Although there will not be a
formal presentation, Commission staff will be available throughout the
scoping session to answer your questions about the environmental review
process. Representatives from East Tennessee will also be present to
answer project-specific questions.
    Additionally, the Commission offers a free service called
eSubscription, which makes it easy to stay informed of all issuances
and submittals regarding the dockets/projects to which you subscribe.
These instant email notifications are the fastest way to receive
notification and provide a link to the document files which can reduce
the amount of time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the Project and includes a mailing address with their
comments. Commission staff will update the environmental mailing list
as the analysis proceeds to ensure that Commission notices related to
this environmental review are sent to all individuals, organizations,
and government entities interested in and/or potentially affected by
the planned Project.
    If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please complete one of
the following steps:
    (1) Send an email to [email protected] stating your
request. You must include the docket number PF22-7-000 in your request.
If you are requesting a change to your address, please be sure to
include your name and the correct address. If you are requesting to
delete your address from the mailing list, please include your name and
address as it appeared on this notice. This email address is unable to
accept comments.

OR

    (2) Return the attached ``Mailing List Update Form'' (appendix 3).

Becoming an Intervenor

    Once East Tennessee files its application with the Commission, you
may want to become an ``intervenor'' which is an official party to the
Commission's proceeding. Only intervenors have the right to seek
rehearing of the Commission's decision and be heard by the courts if
they choose to appeal the Commission's final ruling. An intervenor
formally participates in the proceeding by filing a request to
intervene pursuant to Rule 214 of the Commission's Rules of Practice
and Procedures (18 CFR 385.214). Motions to intervene are more fully
described at https://www.ferc.gov/resources/guides/how-to.asp. Please
note that the Commission will not accept requests for intervenor status
at

this time. You must wait until the Commission receives a formal
application for the Project, after which the Commission will issue a
public notice that establishes an intervention deadline.

Additional Information

    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field. Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at [email protected] or toll free at<PHONE_NUMBER>,
or for TTY, contact<PHONE_NUMBER>. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.

    Dated: September 9, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-19984 Filed 9-14-22; 8:45 am]
BILLING CODE 6717-01-P


DRAFT AGENDA

FIFRA SCIENTIFIC ADVISORY PANEL (SAP)

	OPEN MEETING

July 20-22, 2010

FIFRA SAP WEB SITE http://www.epa.gov/scipoly/sap/

OPP Docket Telephone:<PHONE_NUMBER>

Docket Number: EPA-HQ- OPP-2010-0383

U.S. Environmental Protection Agency

Conference Center - Lobby Level

One Potomac Yard (South Bldg.)

2777 S. Crystal Drive, Arlington, VA 22202

Scientific Issues related to SHEDS-Multimedia version 4, Peer consult on
PBPK Modeling, and a SHEDS-PBPK Permethrin Study

Please note that all times are approximate

(See note at the end of the Agenda)

		Tuesday, July 20, 2010

9:00 A.M.	Opening of Meeting and Administrative Procedures by Designated
Federal Official – Sharlene Matten, Ph.D., Designated Federal
Official, Office of Science Coordination and Policy, EPA

9:05 A.M.	Introduction and Identification of Panel Members –

		Daniel Schlenk, Ph.D., Session Chair, FIFRA Scientific Advisory Panel

9:15 A.M.	Welcome and Opening Remarks – Steven Bradbury, Ph.D., Deputy
Director, Office of Pesticide Programs, EPA

9:25 A.M.	Goals and Objectives – Tina Levine, Ph.D., Director, Health
Effects Division, Office of Pesticide Programs, EPA

9:35 A.M	Overview of SHEDS-Multimedia version 4 and changes since 2007
SAP review of version 3 – TBD, EPA

10:15 A.M.	BREAK

10:30 A.M.	SHEDS-Multimedia Dietary Module – TBD, EPA

11:15 A.M.	SHEDS-Multimedia Residential Module – TBD, EPA

12:00 P.M.	LUNCH

1:00 P.M. 	PBPK Modeling of Pyrethroids (PBPK Models of Deltamethrin and
Permethrin, Aggregate Model Structure) – TBD, EPA

2:15 P.M.	BREAK

2:30 P.M.	PBPK Modeling of Pyrethroids (Quantifying Uncertainties) –
TBD, EPA

4:30 P.M.      ADJOURN

DRAFT AGENDA

FIFRA SCIENTIFIC ADVISORY PANEL (SAP)

	OPEN MEETING

July 20 – 22, 2010

FIFRA SAP WEB SITE http://www.epa.gov/scipoly/sap/

OPP Docket Telephone:<PHONE_NUMBER>

Docket Number: EPA-HQ- OPP-2010-0383

U.S. Environmental Protection Agency

Conference Center - Lobby Level

One Potomac Yard (South Bldg.)

2777 S. Crystal Drive, Arlington, VA 22202

Scientific Issues related to SHEDS-Multimedia version 4, Peer consult on
PBPK Modeling, and a SHEDS-PBPK Permethrin Study

Wednesday, July 21, 2010

9:00 A.M.	Opening of Meeting - Administrative Procedures by Designated
Federal Official - Sharlene Matten, Ph.D., Designated Federal Official,
Office of Science Coordination and Policy, EPA

9:05 A.M.	Introduction and Identification of Panel Members – Daniel
Schlenk, Ph.D., Session Chair, FIFRA Scientific Advisory Panel

9:10 A.M.	Follow-up from Previous Day’s Discussion – TBD, EPA

9:30 A.M.	Permethrin Case Study Results – TBD, EPA

10:30 A.M.	BREAK

10:45 A.M.	Mini-cumulative Peer Consult – TBD, EPA

12:00 P.M.   	LUNCH

1:00 P.M.	Mini-cumulative Peer Consult cont’d – TBD, EPA

1:30 P.M.	PUBIC COMMENTS

3:00 P.M.	BREAK

3:15 P.M. 	Charge to the Panel – Issue 1

4:15 P.M.	Charge to the Panel – Issue 2

5:30 P.M.	Adjourn

DRAFT AGENDA

FIFRA SCIENTIFIC ADVISORY PANEL (SAP)

	OPEN MEETING

July 20-22, 2010

FIFRA SAP WEB SITE http://www.epa.gov/scipoly/sap/

OPP Docket Telephone:<PHONE_NUMBER>

Docket Number: EPA-HQ- OPP-2009-0383

U.S. Environmental Protection Agency

Conference Center - Lobby Level

One Potomac Yard (South Bldg.)

2777 S. Crystal Drive, Arlington, VA 22202

Scientific Issues related to SHEDS-Multimedia version 4, Peer consult on
PBPK Modeling, and a SHEDS-PBPK Permethrin Study

Thursday, July 22, 2010

9:00 A.M.	Opening of Meeting - Administrative Procedures by Designated
Federal Official – Sharlene Matten, Ph.D., Designated Federal
Official, Office of Science Coordination and Policy, EPA

9:05 A.M.	Introduction and Identification of Panel Members – Daniel
Schlenk, Ph.D., Session Chair, FIFRA Scientific Advisory Panel

9:10 A.M.	Follow-up from Previous Day’s Discussion – TBD, EPA

9:30 A.M.	Charge to the Panel – Issue 3

10:30 A.M.	BREAK

10:45 A.M.  	Charge to Panel – Issue 4

12:00 P.M.	LUNCH

1:00 P.M.	Charge to Panel – Issue 5

3:00 P.M.	BREAK

3:15 P.M.	Additional Panel Discussion, as needed

5:30 P.M.	ADJOURN

Please be advised that agenda times are approximate; when the discussion
for one topic is completed, discussions for the next topic will begin.
For further information, please contact the Designated Federal Official
for this meeting, Dr. Sharlene Matten, via telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; or email<EMAIL_ADDRESS>
`

 PAGE

 PAGE   2


[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Notices]
[Page 26096-26097]
[DOCID:fr08my08-65]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13088-000]

KC LLC; Notice of Application Accepted for Filing and Soliciting
Comments, Protests, and Motions To Intervene

May 1, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 13088-000.
    c. Date filed: December 20, 2007, and revised March 21, 2008.
    d. Applicant: KC LLC.
    e. Name and Location of Project: The proposed Tinemaha Hydro
Project would be located near the town of Big Pine on the Owens River
at the existing Tinemaha Reservoir in Inyo County, California.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    g. Applicant Contact: Ms. Kelly Sackheim, Principal, KC LLC, 5096
Cocoa Palm Way, Fair Oaks, CA 95628,<PHONE_NUMBER>.
    h. FERC Contact: Tom Papsidero,<PHONE_NUMBER>.

    i. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. 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 electronic filings. Please include the project
number (P-13088-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    j. Description of Existing Facilities and Proposed Project: The
proposed Tinemaha Hydro Project would include an existing dam owned by
the Los Angeles Department of Water and Power, and its existing
impoundment, Tinemaha Reservoir, which has a surface area of 2,098
acres at an elevation of 3,871 feet above mean sea level. The proposed
project would also consist of the following new facilities: (1) A 200-
foot-long, 6-foot-wide steel penstock, (2) a powerhouse containing one
generating unit with a total installed capacity of 1.4 MW, (3) a 1-
mile-long, 25 kV transmission line, connecting to an existing power
line, and (4) appurtenant facilities. The project would have an annual
generation of 8 GWh, which would be sold to a local utility.
    k. Location of Applications: A copy of the application is available
for inspection and reproduction at the Commission in the Public
Reference Room 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, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item g
above.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    n. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    o. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    p. Proposed Scope of Studies Under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    q. 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.
    r. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, and the Project
Number of the particular application to which the filing refers. Any of
the above-named documents must be filed by providing the original and
the number of copies provided by the Commission's regulations to: The
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. An additional copy must be sent to Director,
Division of Hydropower Administration and Compliance, Federal Energy
Regulatory Commission, at the above-mentioned address. A copy of any
notice of intent, competing application or motion to intervene must
also be served upon each representative of the Applicant specified in
the particular application.
    s. 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.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-10200 Filed 5-7-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 80 (Friday, April 25, 2014)]
[Notices]
[Page 23004]
[FR Doc No: 2014-09385]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2014-0146]

 Revisions to Maritime Security Directive 104-6; Guidelines for
U.S. Vessels Operating in High Risk Waters

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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

SUMMARY: The Coast Guard announces the availability of Revision 7 to
Maritime Security (MARSEC) Directive 104-6, which provides guidelines
for U.S. vessels operating in high risk waters (HRW) where acts of
terrorism, piracy, and armed robbery against ships are prevalent, as
well as specific guidance for offshore supply vessels and liftboats
operating in the Gulf of Guinea. The directive contains security-
sensitive information and therefore cannot be made available to the
general public. U.S. vessel owners and operators who have needed to
take action under previous versions of MARSEC Directive 104-6, or whose
vessels operate in waters off the coast of Africa, should immediately
contact their local Coast Guard Captain of the Port or District
Commander for a copy of Revision 7, which contains important updates to
the locations of HRW and to the guidelines for addressing security
risks in those waters. The Coast Guard advises such owners and
operators that, under Revision 7, they may need to take specific
actions in accordance with MARSEC Directive 104-6 before their vessel
enters HRW. This notice is issued under the authority of 5 U.S.C.
552(a).

FOR FURTHER INFORMATION CONTACT: For information about this document
call or email LCDR Aaron Demo, U.S. Coast Guard; telephone 202-372-
1272, email<EMAIL_ADDRESS>For information about viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

    Dated: April 20, 2014.
J.C. Burton,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2014-09385 Filed 4-24-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Proposed Rules]
[Pages 10431-10433]
[FR Doc No: 2014-04000]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0055; Directorate Identifier 2013-NM-167-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus Model A310-304, -322, -324, and -325 airplanes. This
proposed AD was prompted by reports of insufficient clearance between
the fuel quantity indicator (FQI) probes and the adjacent structure and
metallic components in the wing fuel tanks. This proposed AD would
require a one-time detailed visual inspection for sufficient clearance
between FQI probes on both the left-hand side and right-hand side of
the trim horizontal stabilizer and the adjacent structure and metallic
components in the fuel tanks, and modification if necessary. We are
proposing this AD to detect and correct insufficient clearance, which
could lead to electrical arcing in a fuel tank during a lightning
strike, which could result in ignition and consequent fire or explosion
in the fuel tank.

DATES: We must receive comments on this proposed AD by April 11, 2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

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-
0055; 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
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0055;
Directorate Identifier 2013-NM-167-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 based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0188, dated August 19, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    Airbus investigations on A300 aeroplanes revealed insufficient
clearance between the Fuel Quantity Indicator (FQI) probes and
adjacent structure or metallic components in the wing fuel tanks.
A300-600 and A310 aeroplanes are also affected as they are identical
in design.
    This condition, if not detected and corrected, could lead to
electric arcing in a fuel tank in case of lightning strike, which
could result in ignition and consequent fire or explosion in the
fuel tank.
    To address this potential unsafe condition, Airbus issued
Service Bulletin (SB) A300-28-0080, SB A300-28-6065 and SB A310-28-
2145 and DGAC France issued AD 2000-455-322 (http://ad.easa.europa.eu/ad/F-2000-455-322) to cover A300 aeroplanes and AD
2002-170 (http://ad.easa.europa.eu/ad/F-2002-170) to cover A300-600
and A310 aeroplanes (both EASA ADs were later revised) [Both EASA
ADs correspond to FAA AD 2004-05-05, Amendment 39-13499 (69 FR
10319, dated March 5, 2004).
    Since those [EASA] ADs were issued, further analysis showed that
they do not cover all potentially affected aeroplanes: A310
aeroplanes with optional Mod. no. 12248 embodied were excluded from
the applicability of DGAC France AD 2002-170(B) [http://ad.easa.europa.eu/ad/F-2002-170], but are potentially affected, and
therefore addressed through this [EASA] AD.
    For the reasons described above, this [EASA] AD (http://ad.easa.europa.eu/ad/2013-0188) requires a one-time [detailed
visual] inspection of the affected aeroplanes for sufficient
clearance between FQI probes [on both the left-hand (LH) side and
right-hand (RH) side of the trim horizontal stabilizer] and adjacent
structure/metallic parts and, depending on findings, modification of
the FQI probes.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No.
FAA-2014-0055.

Relevant Service Information

    Airbus has issued Service Bulletin A310-28-2145, Revision 01, dated
March 4, 2003. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Costs of Compliance

    We estimate that this proposed AD affects 2 airplanes of U.S.
registry.
    We also estimate that it would take about 8 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $0 per
product. Based on these figures, we estimate the cost of this proposed
AD on U.S. operators to be $1,360, or $680 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD. We have no way of determining the number of products that may need
these actions.

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):

Airbus: Docket No. FAA-2014-0055; Directorate Identifier 2013-NM-
167-AD.

(a) Comments Due Date

    We must receive comments by April 11, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A310-304, -322, -324, and -325
airplanes, certificated in any category, on which Airbus
modification number 12248 has been embodied.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by reports of insufficient clearance
between the fuel quantity indicator (FQI) probes and the adjacent
structure and metallic components in the wing fuel tanks. We are
issuing this AD to detect and correct insufficient clearance, which
could lead to electrical arcing in a fuel tank during a lightning
strike, which could result in ignition and consequent fire or
explosion in the fuel tank.

(f) Compliance

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

(g) Inspection and Modification

    Within 30 months after the effective date of this AD, do a one-
time detailed visual inspection for clearance between the FQI probes
located in the trimmable horizontal stabilizer tank and the adjacent
structure and metallic components, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A310-28-2145,
Revision 01, dated March 4, 2003.
    (1) If the clearance of an FQI probe is found to be 3.0
millimeters (mm) (0.118 inch) or more: No further action is required
by paragraph (g) of this AD.
    (2) If the clearance of an FQI probe is found to be 2.5 mm (0.98
inch) or more, and less than 3.0 mm (0.118 inch): Before further
flight, loosen the probe screws and move the probe up and down to
get the required minimum gap of 3.0 mm (0.118 inch), in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A310-28-2145, Revision 01, dated March 4, 2003.
    (3) If the clearance of an FQI probe is found to be less than
2.5 mm (0.118 inch): Before further flight, modify each affected FQI
probe by installing new FQI probe supports, in accordance with Step
3.C., ``Repair,'' of the Accomplishment Instructions of Airbus
Service Bulletin A310-28-2145, Revision 01, dated March 4, 2003.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Airbus Service Bulletin A310-28-
2145, dated August 21, 2001.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may
be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer, use these actions if they
are FAA-approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or by the Design Approval Holder with a State of
Design Authority's design organization approval). For a repair
method to be approved, the repair approval must specifically refer
to this AD. You are required to ensure the product is airworthy
before it is returned to service.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2013-
0188, dated August 19, 2013, for related information. This MCAI may
be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No.
FAA-2014-0055.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on February 14, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-04000 Filed 2-24-14; 8:45 am]
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