[Federal Register: January 28, 2008 (Volume 73, Number 18)]
[Notices]
[Page 4860]
[DOCID:fr28ja08-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. ER08-323-000]

SYNERGY Power Marketing Inc.; Notice of Issuance of Order

January 18, 2008.
    SYNERGY Power Marketing Inc. (SYNERGY) filed an application for
market-based rate authority, with accompanying tariff. The proposed
market-based rate tariff provides for the sale of energy and capacity
at market-based rates. SYNERGY also requested waivers of various
Commission regulations. In particular, SYNERGY requested that the
Commission grant blanket approval under 18 CFR Part 34 of all future
issuances of securities and assumptions of liability by SYNERGY.
    On January 18, 2008, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development-West, granted the requests
for blanket approval under Part 34 (Director's Order). The Director's
Order also stated that the Commission would publish a separate notice
in the Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard concerning the
blanket approvals of issuances of securities or assumptions of
liability by SYNERGY, should file a protest with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure. 18 CFR 385.211, 385.214 (2007). The Commission
encourages the electronic submission of protests using the FERC Online
link at http://www.ferc.gov.
    Notice is hereby given that the deadline for filing protests is
February 19, 2008.
    Absent a request to be heard in opposition to such blanket
approvals by the deadline above, SYNERGY is authorized to issue
securities and assume obligations or liabilities as a guarantor,
indorser, surety, or otherwise in respect of any security of another
person; provided that such issuance or assumption is for some lawful
object within the corporate purposes of SYNERGY, compatible with the
public interest, and is reasonably necessary or appropriate for such
purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of SYNERGY's issuance of securities or assumptions
of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also 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
filed to access the document. 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.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-1420 Filed 1-25-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 2, 2009 (Volume 74, Number 169)]
[Notices]
[Page 45504-45506]
[DOCID:fr02se09-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60570; File No. SR-NASDAQ-2009-079]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Eliminate Flash Orders

August 26, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 21, 2009, The NASDAQ Stock Market LLC (``Nasdaq'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by Nasdaq. Nasdaq has designated the proposed rule change as
effecting a change described under Rule 19b-4(f)(6) under the Act,\3\
which renders the proposal effective upon filing with the Commission.
Nasdaq will implement the proposed rule change on September 1, 2009.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes a rule change to eliminate Flash Orders.\4\ The
text of the proposed rule change is below. Proposed new language is
italicized; proposed deletions are in brackets.
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    \4\ Nasdaq filed separate proposals to create flash orders that
ultimately could be routed to other markets, and flash orders that
would cancel back to the entering party. See SR-NASDAQ-2009-043 and
SR-NASDAQ-2009-048. This filing eliminates both versions of these
orders, with both types referred to herein collectively as Flash
Orders.
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4750. Nasdaq Market Center-Execution Services
4751. Definitions
    The following definitions apply to the Rule 4600 and 4750 Series
for the trading of securities listed on Nasdaq or a national securities
exchange other than Nasdaq.
    (a) through (e) No Change.
    (f) The term ``Order Type'' shall mean the unique processing
prescribed for designated orders that are eligible for entry into the
System, and shall include:
    (1)-(10) No Change.
    (11) Reserved [``Flash and Cancel Orders'' are market or marketable
limit orders which are to be executed in whole or in part immediately
upon receipt by the System with any unfilled balance being displayed to
Nasdaq market participants (and market data vendors) for potential
execution for a period of time not to exceed one-half of one second. If
any unfilled balance remains after such display, such marketable
unfilled balance shall be cancelled back to the entering party, and
such nonmarketable unfilled balance shall be retained by the System for
potential execution. The System will provide an electronic method to
distinguish the Flash Order during the flash period from the System's
protected quote under Regulation NMS.]
    (12)-(13) No Change.
    (g) through (i) No Change.
* * * * *
4758. Order Routing
(a) Order Routing Process
    (1) The Order Routing Process shall be available to Participants
from 7:00 a.m. until 8:00 p.m. Eastern Time, and shall route orders as
described below: All routing of orders shall comply with Rule 611 of
Regulation NMS under the Exchange Act.
    (A) The System provides three routing options. Of these three, DOT
is only available for orders ultimately sought to be directed to either
the New York Stock Exchange (``NYSE'') or NYSE Amex. The System will
consider the quotations only of accessible markets and will provide an
electronic method to distinguish orders displayed during a prerouting
display period from the System's protected quote under Regulation NMS.
The three System routing options are:
    (i) DOT (``DOT'')--under this option, after checking the System for
available shares if so instructed by the entering firm, orders are sent
to other available market centers for potential execution, per entering
firm's instructions, before being sent to the destination exchange, so
long as the price at such market centers would not violate the Order
Protection Rule. [If instructed by the entering firm, prior to sending
orders to other available markets, such orders shall be displayed to
Nasdaq market participants (and market data vendors) for potential
execution, at the NBBO price, for a period of time not to exceed one-
half of one second as determined by Nasdaq.] Any un-executed portion
will thereafter be sent to the NYSE or NYSE Amex, as appropriate, at
the order's original limit order price. This option may only be used
for orders with time-in-force parameters of either SDAY, SIOC, MDAY,
MIOC, GTMC or market-on-open/close. Notwithstanding the foregoing,
orders designated for participation in the NYSE or NYSE Amex opening or
closing processes will not check the System for available shares prior
to routing.
    (ii) Reactive Electronic Only (``STGY'')--under this option, after
checking the System for available shares if so instructed by the
entering firm, orders are sent to other available market centers for
potential execution, per entering firm's instructions. When checking
the book, the System will seek to execute at the price it would send
the order to a destination market center. [If instructed by the
entering firm, prior to sending orders to other available markets, such
orders shall be displayed to Nasdaq market participants (and market
data vendors) for potential execution, at the NBBO price, for a period
of time not to exceed one-half of one second as determined by Nasdaq.]
If shares remain un-executed after routing, they are posted on the
book. Once on the book, should the order subsequently be locked or
crossed by another accessible market center, the System shall route the
order to the locking or crossing market center. With the exception of
the Minimum Quantity order type, all time-in-force parameters and order
types may be used in conjunction with this routing option.
    (iii) Electronic Only Scan (``SCAN'')--under this option, after
checking the System for available shares if so instructed by the
entering firm, orders are sent to other available market centers for
potential execution, per entering firm's instructions, in compliance
with Rule 611 under Regulation NMS. When checking the book, the System
will seek to execute at the price it would send the order to a
destination market center. [If instructed by the entering firm, prior
to sending orders to other available markets, such orders shall be
displayed to Nasdaq market participants (and market data vendors) for
potential execution, at the NBBO price, for a period of time not to
exceed one-half of one second as determined by Nasdaq.] If shares
remain un-executed after routing, they are posted on the book. Once on
the book, should the order subsequently be locked or crossed by another
market center, the

System will not route the order to the locking or crossing market
center. With the exception of the Minimum Quantity order type, all
time-in-force parameters and order types may be used in conjunction
with this routing option.
    Orders that do not check the System for available shares prior to
routing may not be sent to a facility of an exchange that is an
affiliate of Nasdaq, except for orders that are sent to the NASDAQ OMX
BX Equities Market.
    (B) No Change.
    (b) No Change.
* * * * *

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    Nasdaq implemented Flash Orders on June 5, 2009. Upon further
review, Nasdaq proposes to eliminate Flash Orders effective September
1, 2009.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\5\ in general, and with Section
6(b)(5) of the Act,\6\ in particular, in that the proposal is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in 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.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing rule change does not: (1) Significantly
affect the protection of investors or the public interest; (2) impose
any significant burden on competition; and (3) become operative for 30
days after the date of this filing, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(6) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\9\
However, Rule 19b-4(f)(6)(iii) \10\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. Nasdaq has requested that the
Commission waive the 30-day operative delay. Nasdaq requests this
waiver so as to allow it to eliminate Flash Orders on September 1,
2009.\11\ Based on the foregoing, the Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest and hereby designates the proposal
operative on September 1, 2009.\12\
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    \9\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the date of filing
of the proposed rule change, or such shorter time as designated by
the Commission. Nasdaq has satisfied this requirement.
    \10\ Id.
    \11\ See SR-NASDAQ-2009-079, Item 7.
    \12\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors or otherwise in
furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-NASDAQ-2009-079 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-NASDAQ-2009-079. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of Nasdaq. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File No. SR-NASDAQ-2009-079 and should be
submitted on or before September 23, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21162 Filed 9-1-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Rules and Regulations]
[Pages 3583-3585]
[FR Doc No: 2012-1126]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0995; Directorate Identifier 2010-NM-243-AD;
Amendment 39-16920; AD 2012-01-08]
RIN 2120-AA64

Airworthiness Directives; 328 Support Services GmbH Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 328
Support Services GmbH (Type Certificate previously held by AvCraft
Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model
328-100 and 328-300 airplanes. This AD was prompted by a manufacturer
safety analyses review on flight control which resulted in
recommendations for reduced repetitive inspection intervals for the
flight controls certification maintenance requirements (CMR) of the
tab-to-actuator linkage. This AD requires revising the airplane
maintenance program by incorporating certain CMR tasks. We are issuing
this AD to prevent failure of these components or their constituent
parts which could lead to reduced control of the airplane.

DATES: This AD becomes effective February 29, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 29,
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA 1601
Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 227-
1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 5, 2011 (76
FR 61638). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Based on in-service experience, the System Safety Analyses for
the Flight Controls have been reviewed and their conclusions have
been accepted during the latest Candidate Maintenance Coordination
Committee meeting.
    This review resulted in reduced inspection intervals,
specifically for the flight controls tab-to-actuator linkage CMR
repetitive inspections, which have been identified as mandatory
actions for continued airworthiness.
    Failure of these components or their constituent parts could
lead to reduced control of the aeroplane.
    Consistent with the [European Aviation Safety Agency] EASA
policy to require compliance with any new and reduced airworthiness
limitations by taking AD action and for the reasons described above,
this EASA AD requires the accomplishment of the reduced-interval
repetitive inspections and, depending on findings, related
corrective action(s). In addition, this [EASA] AD requires the
implementation of the affected reduced inspection intervals and
associated corrective actions into the operator's approved
maintenance programme.

You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (76 FR 61638, October 5,
2011) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (76 FR 61638, October 5, 2011) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 61638, October 5, 2011).

Costs of Compliance

    We estimate that this AD will affect 63 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $5,355, or $85 per product.

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 AD will not have federalism implications
under Executive Order 13132. This AD will 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 AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not 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. We prepared a regulatory evaluation
of the estimated costs to comply with this AD and placed it in the AD
docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (76 FR 61638, October 5,
2011), 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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 AD:

2012-01-08 328 Support Services GmbH (Type Certificate Previously
Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier
Luftfahrt GmbH): Amendment 39-16920. Docket No. FAA-2011-0995;
Directorate Identifier 2010-NM-243-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 29,
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to 328 Support Services GmbH (Type Certificate
Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH;
Dornier Luftfahrt GmbH) Model 328-100 and 328-300 airplanes;
certificated in any category; all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 27: Flight
Controls.

(e) Reason

    This AD was prompted by a manufacturer safety analysis review on
flight control which resulted in recommendations for reduced
repetitive inspection intervals for the flight controls
certification maintenance requirements (CMR) of the tab-to-actuator
linkage. We are issuing this AD to prevent failure of these
components or their constituent parts which could lead to reduced
control of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Maintenance Program Revision

    Within 100 flight hours after the effective date of this AD:
Revise the airplane maintenance program by incorporating the
applicable CMR tasks identified in table 1 of this AD.

                                               Table 1--CMR Tasks
----------------------------------------------------------------------------------------------------------------
               Model--                        Task No.--           Task description--        Identified in--
----------------------------------------------------------------------------------------------------------------
328-100 airplanes....................  Task 27-10-00-09.......  Visual Check of          328 Support Services
                                                                 Mechanical Linkages:     Dornier 328
                                                                 Aileron Trim Tab to      Certification
                                                                 Actuator.                Maintenance
                                                                                Requirements Document
                                                                                TM-CMR-010793-ALL,
                                                                                Revision 13, dated
                                                                                April 30, 2007.
328-100 airplanes....................  Task 27-20-00-09.......  Visual Check of          328 Support Services
                                                                 Mechanical Linkages:     Dornier 328
                                                                 Rudder Trim Tab/Spring   Certification
                                                                 Tab to Actuator.         Maintenance
                                                                                Requirements Document
                                                                                TM-CMR-010793-ALL,
                                                                                Revision 13, dated
                                                                                April 30, 2007.
328-100 airplanes....................  Task 27-30-00-13.......  Visual Check of          328 Support Services
                                                                 Mechanical Linkages:     Dornier 328
                                                                 Elevator Trim Tabs to    Certification
                                                                 Actuator.                Maintenance
                                                                                Requirements Document
                                                                                TM-CMR-010793-ALL,
                                                                                Revision 13, dated
                                                                                April 30, 2007.

328-300 airplanes....................  Task 27-10-00-13.......  Visual Check of          328 Support Services
                                                                 Linkage: Aileron Trim    Dornier 328JET
                                                                 Tab to Actuator.         Certification
                                                                                Maintenance
                                                                                Requirements Document
                                                                                TM-CMR-010599-ALL,
                                                                                Revision 2, dated May
                                                                                1, 2007.
328-300 airplanes....................  Task 27-20-00-11.......  Visual Check of          328 Support Services
                                                                 Linkage: Rudder Trim     Dornier 328JET
                                                                 Tab/Spring Tab.          Certification
                                                                                Maintenance
                                                                                Requirements Document
                                                                                TM-CMR-010599-ALL,
                                                                                Revision 2, dated May
                                                                                1, 2007.
328-300 airplanes....................  Task 27-30-00-14.......  Visual Check of          328 Support Services
                                                                 Linkage: Elevator Trim   Dornier 328JET
                                                                 Tabs to Actuator.        Certification
                                                                                Maintenance
                                                                                Requirements Document
                                                                                TM-CMR-010599-ALL,
                                                                                Revision 2, dated May
                                                                                1, 2007.
----------------------------------------------------------------------------------------------------------------

(h) Initial Compliance Time

    The initial compliance time for the CMR tasks identified in
table 1 of this AD is within 500 flight hours after the most recent
inspection, or within 100 flight hours after the effective date of
this AD, whichever occurs later.

(i) No Alternative Inspections or Inspection Intervals

    After accomplishing the revision required by paragraph (g) of
this AD, no alternative inspection or inspection interval may be
used unless the inspection or inspection interval is approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (j)(1) of this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance: 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: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA 1601 Lind Avenue SW., Renton,
Washington 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 or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(k) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2010-0054, dated March 25, 2010, and the
following service information identified in paragraphs (k)(1) and
(k)(2) of this AD; for related information.
    (1) 328 Support Services Dornier 328 Certification Maintenance
Requirements Document TM-CMR-010793-ALL, Revision 13, dated April
30, 2007.
    (2) 328 Support Services Dornier 328JET Certification
Maintenance Requirements Document TM-CMR-010599-ALL, Revision 2,
dated May 1, 2007.

(l) Material Incorporated by Reference

    (1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) of the following service information under 5 U.S.C.
552(a) and 1 CFR part 51.
    (i) 328 Support Services Dornier 328 Certification Maintenance
Requirements Document TM-CMR-010793-ALL, Revision 13, dated April
30, 2007. The document number of this document is listed only on the
title page of the document.
    (ii) 328 Support Services Dornier 328JET Certification
Maintenance Requirements Document TM-CMR-010599-ALL, Revision 2,
dated May 1, 2007. The document number of this document is listed
only on the title page of the document.
    (2) For service information identified in this AD, contact 328
Support Services GmbH, Global Support Center, P.O. Box 1252, D-82231
Wessling, Federal Republic of Germany; telephone: +49 8153 88111
6666; fax: +49 8153 88111 6565; email<EMAIL_ADDRESS>
Internet: http://www.328support.de.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on January 13, 2012.
John Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-1126 Filed 1-24-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 152 (Tuesday, August 9, 2022)]
[Notices]
[Pages 48523-48527]
[FR Doc No: 2022-17009]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95412; File No. SR-NYSEARCA-2022-47]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Modify the NYSE
Arca Options Fee Schedule

August 3, 2022.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on August 1, 2022, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') 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 self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to modify the NYSE Arca Options Fee Schedule
(``Fee

Schedule'') to waive fees for manual executions by Professional
Customers. The Exchange proposes to implement the fee change effective
August 1, 2022. The proposed rule change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to modify the Fee Schedule to provide
for the waiver of fees for manually executed Professional Customer
orders (``Professional Customer Manual Fees''). Specifically, the
Exchange proposes to waive Professional Customer Manual Fees for the
period of August 1, 2022 through December 31, 2022.
    The Exchange also proposes to add clarifying language to the Fee
Schedule's description of the Floor Broker Fixed Cost Prepayment
Incentive Program (the ``FB Prepay Program''), to provide that manually
executed Professional Customer orders will continue to be included in
the calculation of ``billable volume'' for purposes of the FB Prepay
Program while Professional Customer Manual Fees are waived.
    The Exchange proposes to implement the rule change on August 1,
2022.
Background
    In connection with the Exchange's migration to the new Pillar
trading platform (the ``Pillar Migration''), the Exchange has
introduced a new Electronic Order Capture System (``EOC'') device for
order systemization and execution reporting for manual orders on the
Trading Floor. The Exchange believes the improved workflow offered by
the EOC device will enhance Floor Brokers' processing of manual orders,
especially those submitted by Professional Customers, and allow Floor
Brokers to provide improved service to Professional Customers. To
attract more manually executed Professional Customer orders with
enhanced order handling by Floor Brokers via the EOC device, the
Exchange proposes to waive Professional Customer Manual Fees for the
balance of the year (i.e., until December 31, 2022).
    The Exchange believes the proposed waiver would encourage
additional Professional Customer volume executed by Floor Brokers on
the Exchange, with the enhanced workflow offered by the EOC device as
market participants continue to adapt to trading post-Pillar Migration,
and that all market participants stand to benefit from such increase,
which would promote market depth, facilitate tighter spreads and
enhance price discovery, and may lead to a corresponding increase in
order flow from other market participants as well.
    The Exchange believes that the proposed change relating to the FB
Prepay Program would obviate any confusion about the impact of the
proposed waiver of Professional Customer Manual Fees on participating
Floor Brokers' ability to qualify for incentives offered through the FB
Prepay Program. The Exchange believes that the proposed change would
make clear that volume from manually executed Professional Customer
orders would continue to count towards billable volume relevant to the
FB Prepay Program when Professional Customer Manual Fees are waived.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\4\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\5\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

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

The Proposed Rule Change Is Reasonable
    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. 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.'' \6\
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    \6\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (S7-10-04) (``Reg NMS
Adopting Release'').
---------------------------------------------------------------------------

    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than 16% of the market
share of executed volume of multiply-listed equity and ETF options
trades.\7\ Therefore, currently no exchange possesses significant
pricing power in the execution of multiply-listed equity & ETF options
order flow. More specifically, in June 2022, the Exchange had less than
13% market share of executed volume of multiply-listed equity & ETF
options trades.\8\
---------------------------------------------------------------------------

    \7\ The OCC publishes options and futures volume in a variety of
formats, including daily and monthly volume by exchange, available
here: https://www.theocc.com/Market-Data/Market-Data-Reports/Volume-and-Open-Interest/Monthly-Weekly-Volume-Statistics.
    \8\ Based on a compilation of OCC data for monthly volume of
equity-based options and monthly volume of equity-based ETF options,
see id., the Exchange's market share in equity-based options
increased from 9.07% for the month of June 2021 to 12.23% for the
month of June 2022.
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow or discontinue or reduce use of certain categories of
products, in response to fee changes. Accordingly, competitive forces
constrain options exchange transaction fees. Stated otherwise, changes
to exchange transaction fees can have a direct effect on the ability of
an exchange to compete for order flow.
    The Exchange believes that the proposed waiver of Professional
Customer Manual Fees is reasonable because it is designed to incent
Professional Customers to submit orders to Floor Brokers and increase
familiarity with the improved workflow offered via the new EOC device
on the Pillar platform, thereby encouraging increased manually executed
Professional Customer orders on the Exchange. The Exchange notes that
all market participants stand to benefit from any increase in
Professional Customer volume executed by Floor Brokers, which promotes
market depth, facilitates tighter spreads and enhances

price discovery, and may lead to a corresponding increase in order flow
from other market participants.
    To the extent the proposed waiver attracts greater volume and
liquidity, the Exchange believes the proposed change would improve the
Exchange's overall competitiveness and strengthen its market quality
for all market participants. In the backdrop of the competitive
environment in which the Exchange operates, the proposed rule change is
a reasonable attempt by the Exchange to increase the depth of its
market and improve its market share relative to its competitors. The
proposed rule change is designed to incent Professional Customers to
direct liquidity to the Exchange, thereby promoting market depth, price
discovery and improvement and enhancing order execution opportunities
for market participants.
    The Exchange believes the proposed change relating to the FB Prepay
Program is reasonable because it would provide clarity in the Fee
Schedule relating to volume that is counted towards the billable volume
relevant to the FB Prepay Program when Professional Customer Manual
Fees are waived, as proposed.
The Proposed Rule Change Is an Equitable Allocation of Credits and Fees
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and credits. The proposal is based on the type
of business transacted on the Exchange, and Professional Customers can
opt to submit orders for trading electronically or for manual execution
on the Trading Floor. The proposed waiver of Professional Customer
Manual Fees is intended to encourage Professional Customers to submit
orders to be manually executed by Floor Brokers and, in addition, in
connection with the Pillar Migration, the Exchange believes that the
improved order handling that Floor Brokers can provide through the use
of the EOC device will demonstrate to Professional Customers the value
of submitting orders for manual execution on the Trading Floor.
    The proposed waiver is also designed to incent Professional
Customers to direct orders to the Exchange as a primary execution
venue. To the extent that the proposed change attracts more manual
Professional Customer volume to the Exchange, this increased order flow
would continue to make the Exchange a more competitive venue for, among
other things, order execution. Thus, the Exchange believes the proposed
rule change would improve market quality for all market participants on
the Exchange and, as a consequence, attract more order flow to the
Exchange thereby improving market-wide quality and price discovery.
    With respect to the proposed change relating to the FB Prepay
Program, the Exchange believes that the proposed clarification would
support an equitable allocation of fees and credits because it would
make clear that volume from Professional Customer manual executions
would still count towards a Floor Broker's qualification for the
incentives offered through the FB Prepay Program when Professional
Customer Manual Fees are waived, as proposed, thereby promoting the
continued equitable allocation of fees and credits set forth in the Fee
Schedule.
The Proposed Rule Change Is Not Unfairly Discriminatory
    The Exchange believes that the proposed waiver is not unfairly
discriminatory because the waiver would apply to manually executed
Professional Customer orders on an equal and non-discriminatory basis.
The proposed waiver is not unfairly discriminatory to other market
participants because Professional Customers are an important source of
order flow to the Exchange for execution via open outcry, which
promotes price discovery, and the Exchange thus believes that it is
appropriate to incentivize manually executed Professional Customer
orders and encourage Professional Customers to experience the improved
order handling offered via the new EOC device in connection with the
Pillar Migration.
    The proposed change is also designed to encourage Professional
Customers to utilize the Exchange as a primary trading venue (if they
have not done so previously) and to increase manually executed
Professional Customer orders sent to the Exchange. To the extent that
the proposed change attracts more order flow to the Exchange (and, in
particular, to the Floor), this increased order flow would continue to
make the Exchange a more competitive venue for order execution. Thus,
the Exchange believes the proposed rule change would improve market
quality for all market participants on the Exchange and, as a
consequence, attract more order flow to the Exchange, thereby improving
market-wide quality and price discovery. The resulting increased volume
and liquidity would provide more trading opportunities and tighter
spreads to all market participants and thus would promote just and
equitable principles of trade, remove impediments to and perfect the
mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest.
    The Exchange also believes that the proposed change to clarify that
volume from manually executed Professional Customer orders would
continue to count towards billable volume for purposes of the FB Prepay
Program is not unfairly discriminatory. The proposed change, which
specifies that such volume will continue to be accounted for in
determining participating Floor Brokers' eligibility for incentives
available pursuant to the FB Prepay Program, would instead permit the
program to continue to be administered in a non-discriminatory manner.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.

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

    In accordance with Section 6(b)(8) of the Act, the Exchange does
not believe that the proposed rule change would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, 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 market participants. As a result, the Exchange believes that
the proposed changes further the Commission's goal in adopting
Regulation NMS of fostering integrated competition among orders, which
promotes ``more efficient pricing of individual stocks for all types of
orders, large and small.'' \9\
---------------------------------------------------------------------------

    \9\ See Reg NMS Adopting Release, supra note 6, at 37499.
---------------------------------------------------------------------------

    Intramarket Competition. The proposed waiver is designed to attract
additional manually executed Professional Customer orders to the
Exchange (and, in particular, to the Floor, with the enhanced workflow
offered by the EOC tool introduced in the Pillar Migration), which may
increase the volume of contracts traded on the Exchange. To the extent
that the proposed change imposes an additional competitive burden on
other market participants, the Exchange believes that any such burden
would be appropriate because, to the extent the proposed change
encourages Professional

Customers to submit additional orders to the Exchange to be executed
via open outcry, such increase in manually executed Professional
Customer orders would benefit all market participants by promoting
opportunities for price discovery.
    To the extent that this purpose is achieved, all of the Exchange's
market participants should benefit from the improved market liquidity.
Enhanced market quality and increased transaction volume that results
from the anticipated increase in order flow directed to the Exchange
will benefit all market participants and improve competition on the
Exchange.
    The Exchange does not believe that the proposed change relating to
the FB Prepay Program would impact intramarket competition, as it
merely clarifies that the proposed waiver of Professional Customer
Manual Fees would not affect the current operation of the FB Prepay
Program.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily favor one
of the 16 competing option exchanges if they deem fee levels at a
particular venue to be excessive. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
exchanges and to attract order flow to the Exchange. Based on publicly-
available information, and excluding index-based options, no single
exchange currently has more than 16% of the market share of executed
volume of multiply-listed equity and ETF options trades.\10\ Therefore,
no exchange currently possesses significant pricing power in the
execution of multiply-listed equity & ETF options order flow. More
specifically, in June 2022, the Exchange had less than 13% market share
of executed volume of multiply-listed equity & ETF options trades.\11\
---------------------------------------------------------------------------

    \10\ See supra note 8.
    \11\ Based on a compilation of OCC data for monthly volume of
equity-based options and monthly volume of equity-based ETF options,
supra note 7, the Exchange's market share in equity-based options
increased from 9.07% for the month of June 2021 to 12.23% for the
month of June 2022.
---------------------------------------------------------------------------

    The Exchange believes that the proposed change reflects this
competitive environment because the proposed waiver of Professional
Customer Manual Fees is intended to encourage Professional Customers to
direct manual orders to the Exchange and experience the benefits of the
enhanced technology provided by the Pillar Migration, which in turn
would provide liquidity and attract order flow to the Exchange. To the
extent that this purpose is achieved, all the Exchange's market
participants should benefit from the improved market quality and
increased trading opportunities.
    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment. The
Exchange also believes that the proposed change could promote
competition between the Exchange and other execution venues, by
encouraging additional orders to be sent to the Exchange for execution,
including to the Floor in particular, and encouraging the use of
technology introduced in connection with the Pillar Migration.
    The Exchange does not believe that the proposed change relating to
the FB Prepay Program would have any effect on intermarket competition,
as it merely clarifies that the proposed waiver of Professional
Customer Manual Fees would not impact the current operation of the FB
Prepay Program.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \12\ of the Act and subparagraph (f)(2) of Rule
19b-4 \13\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \14\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEARCA-2022-47 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-NYSEARCA-2022-47. 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-NYSEARCA-2022-47, and should be
submitted on or before August 30, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-17009 Filed 8-8-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Proposed Rules]
[Pages 77739-77742]
[FR Doc No: 2011-32059]

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

40 CFR Part 52

[EPA-R01-OAR-2011-0879; A-1-FRL-9505-9]

Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts and New Hampshire; Determination of Attainment of the
One-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA is proposing to determine that the Boston-Lawrence-
Worcester (Eastern Massachusetts), MA-NH serious one-hour ozone
nonattainment area met the applicable deadline of November 15, 2007,
for attaining the one-hour National Ambient Air Quality Standard
(NAAQS) for ozone. This proposed determination is based upon complete,
certified, quality-assured ambient air quality monitoring data for the
2005-2007 monitoring period showing that the area had an expected ozone
exceedance rate below the level of the now revoked one-hour ozone NAAQS
during that period and therefore attained the standard by its
applicable deadline. EPA is proposing this determination under the
Clean Air Act.

DATES: Written comments must be received on or before January 13, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2011-0879 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2011- 0879,''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2),
Boston, MA 02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square, Suite 100, Boston, MA 02109-3912. Such deliveries
are only accepted during the Regional Office's normal hours of
operation. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2011- 0879. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov, or email, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square, Suite 100, Boston, MA. EPA requests that if at
all possible, you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble:

I. What is EPA proposing?
II. What is the background for this proposed action?
III. What is EPA's analysis of data for purposes of determining
attainment of the one-hour ozone standard?
    A. How does EPA compute whether an area meets the one-hour ozone
standard?
    B. EPA's Analysis of the One-Hour Ozone Data for the Boston-
Lawrence-Worcester, MA-NH Area
IV. Proposed Determination
V. Statutory and Executive Order Reviews

I. What is EPA proposing?

    EPA is proposing to determine that the Boston-Lawrence-Worcester
(Eastern Massachusetts), MA-NH area attained the one hour ozone
National Ambient Air Quality Standard (NAAQS) by the applicable
attainment date, November 15, 2007. This proposed determination is
based upon complete, quality-assured and certified air quality
monitoring data for the 2005 through 2007 ozone seasons.

II. What is the background for this proposed action?

    EPA designated the Boston-Lawrence-Worcester, MA-NH area as
nonattainment for one-hour ozone following the enactment of the Clean
Air Act (CAA) Amendments of 1990. Most areas of the country that EPA
designated nonattainment for the one-hour ozone NAAQS were classified
by operation of law as marginal, moderate, serious, severe, or extreme,
depending on the severity of the area's air quality problem. (See CAA
sections 107(d)(1)(C) and 181(a).) The Boston-Lawrence-Worcester, MA-NH
area was classified as serious. The one-hour ozone attainment deadline
for the area was initially set for November 15, 1999 and later extended
to November 15, 2007. See 67 FR 72574 (December 6, 2002). The Boston-
Lawrence-Worcester, MA-NH one-hour ozone nonattainment area consists of
all Massachusetts' counties east of, and including Worcester County,
MA; along with parts of Hillsborough and Rockingham Counties in
southern New Hampshire. (See 40 CFR 81.322, and 81.330.)

    On July 18, 1997 (62 FR 38856), EPA promulgated a new standard for
ozone based on an 8-hour average concentration (the ``1997 8-hour ozone
NAAQS''). EPA designated and classified most areas of the country under
the eight-hour ozone NAAQS in an April 30, 2004 final rule (69 FR
23858). EPA designated Boston-Lawrence-Worcester, MA as nonattainment
for the 1997 8-hour ozone NAAQS. At the time of designation the area
did not meet the one-hour ozone standard. In addition, parts of
southern New Hampshire were designated nonattainment for the 8-hour
NAAQS. However, unlike the one-hour ozone standard, in the case of the
1997 8-hour ozone standard, southern New Hampshire was designated as a
separate ozone nonattainment area. (See 40 CFR 81.330.)
    On April 30, 2004, EPA issued a final rule (69 FR 23951) entitled
``Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality
Standard--Phase 1,'' referred to as the Phase 1 Rule. Among other
matters, this rule revoked the one-hour ozone NAAQS in most areas of
the country, effective June 15, 2005. (See 40 CFR 50.9(b); 69 FR at
23996; and 70 FR 44470, August 3, 2005.) The Phase 1 Rule also set
forth how anti-backsliding principles will ensure continued progress
toward attainment of the eight-hour ozone NAAQS by identifying which
one-hour requirements remain applicable in an area after revocation of
the one-hour ozone NAAQS. Although EPA revoked the one-hour ozone
standard (effective June 15, 2005), eight-hour ozone nonattainment
areas remain subject to certain one-hour anti-backsliding requirements
based on their one-hour ozone classification.\1\ The United States
Court of Appeals for the District of Columbia Circuit subsequently
determined that EPA should have retained certain additional measures as
one-hour ozone anti-backsliding requirements. These include one-hour
ozone contingency measures under section 172(c)(9), which are to be
implemented in the event an area fails to attain by its one-hour ozone
attainment date. South Coast Air Quality Management District v. EPA,
472 F.3d 882 (DC Cir. 2006) rehearing denied 489 F.3d 1245. EPA is
proposing here to determine that the Boston-Lawrence-Worcester area
attained the one-hour ozone standard by the applicable attainment date.
Thus, if EPA finalizes its proposed determination, there will be no
requirement to implement one-hour ozone contingency measures for
failure to attain or any additional one-hour ozone anti-backsliding
requirements.
---------------------------------------------------------------------------

    \1\ Final Rule to Implement the 8-Hour Ozone National Ambient
Air Quality Standard--Phase 1, 69 FR 23951 (April 30, 2004).
---------------------------------------------------------------------------

III. What is EPA's analysis of data for purposes of determining
attainment of the one-hour ozone standard?

A. How does EPA compute whether an area has attained the one-hour ozone
standard?

    Although the one-hour ozone NAAQS as promulgated in 40 CFR 50.9
includes no discussion of specific data handling conventions, EPA's
publicly articulated position and the approach long since universally
adopted by the air quality management community is that the
interpretation of the one-hour ozone standard requires rounding ambient
air quality data consistent with the stated level of the standard,
which is 0.12 parts per million (ppm). 40 CFR 50.9(a) states that:
``The level of the national one-hour primary and secondary ambient air
quality standards for ozone * * * is 0.12 parts per million. * * * The
standard is attained when the expected number of days per calendar year
with maximum hourly average concentrations of 0.12 parts per million *
* * is equal to or less than 1, as determined by appendix H to this
part.'' Thus, compliance with the NAAQS is based on comparison of air
quality concentrations with the standard and on how many days that
standard has been exceeded, adjusted for the number of missing days.
    For comparison with the NAAQS, EPA has communicated the data
handling conventions for the one-hour ozone NAAQS in guidance
documents. As early as 1979, EPA issued guidance stating that the level
of our NAAQS dictates the number of significant figures to be used in
determining whether the standard was exceeded. The stated level of the
standard is taken as defining the number of significant figures to be
used in comparisons with the standard. For example, a standard level of
0.12 ppm means that measurements are to be rounded to two decimal
places (0.005 rounds up), and, therefore, 0.125 ppm is the smallest
concentration value in excess of the level of the standard. (See,
``Guideline for the Interpretation of Ozone Air Quality Standards,''
EPA-450/4-79-003, OAQPS No. 1.2-108, January 1979.) EPA has
consistently applied the rounding convention in this 1979 guideline.
See, 68 FR 19111, April 17, 2003; 68 FR 62043, October 31, 2003; and 69
FR 21719, April 22, 2004. Then, EPA determines attainment status under
the one-hour ozone NAAQS on the basis of the annual average number of
expected exceedances of the NAAQS over a three-year period. (See, 60 FR
3349, January 17, 1995 and ``General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990,'' at 57 FR 13506,
April 16, 1992 (``General Preamble'').) EPA's determination is based
upon data that have been collected and quality-assured in accordance
with 40 CFR part 58, and recorded in EPA's Air Quality System (AQS)
database. To account for missing data, the procedures found in appendix
H to 40 CFR part 50 are used to adjust the actual number of monitored
exceedances of the standard to yield the annual number of expected
exceedances (``expected exceedance days'') at an air quality monitoring
site. We determine if an area meets the one-hour ozone NAAQS by
calculating, at each monitor, the average expected number of days over
the standard per year (i.e., ``average number of expected exceedance
days'') during the applicable 3-year period. See, the General Preamble,
57 FR 13498, April 16, 1992. The term ``exceedance'' is used throughout
this document to describe a daily maximum ozone measurement that is
equal to or exceeds 0.125 ppm which is the level of the standard after
rounding. An area violates the ozone standard if, over a consecutive 3-
year period, more than 3 days of expected exceedances occur at the same
monitor. For more information please refer to 40 CFR 50.9 ``National
one-hour primary and secondary ambient air quality standards for
ozone'' and ``Interpretation of the one-hour Primary and Secondary
National Ambient Air Quality Standards for Ozone'' (40 CFR part 50,
appendix H).

B. EPA's Analysis of the One-Hour Ozone Data for the Boston-Lawrence-
Worcester, MA-NH Area

    Table 1 shows the results of one-hour ozone data for all the ozone
monitors in the Boston-Lawrence-Worcester, MA-NH area for the three-
year period 2005-2007. In short, if the three-year average expected
exceedances rate, shown in the far right column, is less than or equal
to 1.0, the site meets the one-hour ozone NAAQS. If all sites in the
area are shown to meet the one-hour ozone NAAQS, it can be determined
that the area has attained the one-hour ozone NAAQS.

          Table 1--Average Expected Exceedance Rate for the One-Hour Ozone Standard in the Boston-Lawrence-Worcester, MA-NH Area for 2005-2007
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Exceedances (days over 0.124 ppm)
                                                                                -----------------------------------------------------
                  EPA AQS ID                                  Site                      Year                                             3-Year average
                                                                                Actual         Adjusted for        expected
                                                                                missing data     exceedance rate
--------------------------------------------------------------------------------------------------------------------------------------------------------
Massachusetts:
    250250041.................................  Boston-Long Island..............              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250250042.................................  Boston-Roxbury..................              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250170009.................................  Chelmsford......................              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250051002.................................  Fairhaven.......................              2005                 0               0.0               0.7
                                                2006                                             2               2.0
                                                2007                                             0               0.0
    250095005.................................  Haverhill.......................              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250092006.................................  Lynn............................              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250213003.................................  Milton..........................              2005                 1               0.0               0.3
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250094004.................................  Newbury.........................              2005                 0               1.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250070001.................................  Oak Bluffs......................              2005                 0               0.0               0.7
                                                2006                                             2               2.1
                                                2007                                             0               0.0
    250171102.................................  Stow............................              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250010002.................................  Truro...........................              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
    250270015.................................  Worcester.......................              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
New Hampshire:
    330111011.................................  Nashua..........................              2005                 0               0.0               0.0
                                                2006                                             0               0.0
                                                2007                                             0               0.0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As shown in Table 1, the Boston-Lawrence-Worcester, MA-NH one-hour
ozone nonattainment area attained the one-hour ozone NAAQS by its
attainment deadline of November 15, 2007, since all ozone monitors had
expected exceedances rates below 1.0. Thus EPA is proposing to
determine that, based on the 2005-2007 complete, quality-assured and
certified ozone data in the AQS database, the Boston-Lawrence-
Worcester, MA-NH area met the 1-hour ozone NAAQS by its applicable
attainment date of November 15, 2007.

IV. Proposed Determination

    For the reasons set forth in this notice, EPA is proposing to
determine that the Boston-Lawrence-Worcester, MA-NH one-hour ozone
nonattainment area met its applicable one-hour ozone attainment date of
November 15, 2007, based on 2005-2007 complete, certified and quality-
assured ozone monitoring data. EPA is soliciting public comments on the
issues discussed in this notice or on other relevant matters. EPA will
consider these comments before final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to the EPA New England Regional Office listed in the ADDRESSES
section of this Federal Register.

V. Statutory and Executive Order Reviews

    This action proposes to make a determination of attainment based on
monitored air quality data, and does not impose additional requirements
beyond those imposed by state law. For that reason, this proposed
action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);

     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this action does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: December 6, 2011.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2011-32059 Filed 12-13-11; 8:45 am]
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