[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Proposed Rules]
[Pages 2085-2088]
[FR Doc No: 2022-00127]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1176; Project Identifier MCAI-2021-00755-R]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus Helicopters Model SA330J helicopters. This proposed
AD was prompted by a review of Model EC225LP helicopter data that
revealed potential tightening torque loss of the attachment screws of
the upper deck fittings of the three main gearbox (MGB) suspension
bars. Due to design similarities, the MGB right-hand (RH) rear fittings
and MGB RH rear fitting attachment screws on Model SA330J helicopters
could also be affected. Additional analysis confirmed that the service
life limit (life limit) (SLL) for these affected MGB RH rear fittings
needs to be reduced for helicopters on which these affected parts were
operated concurrently with metallic main rotor blades installed. This
proposed AD would require determining the damage value and SLL of each
affected MGB RH rear fitting, replacing each affected MGB RH rear
fitting with a new part, and replacing the MGB RH rear fitting
attachment screws, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is proposed for incorporation by reference
(IBR). The FAA is proposing this AD to address the unsafe condition on
these products.

DATES: The FAA must receive comments on this proposed AD by February
28, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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 EASA material that is proposed for IBR in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet www.easa.europa.eu. You
may find the EASA material on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. This EASA material is also
available at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-1176.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1176; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer,
Operational Safety Branch, FAA, 950 L'Enfant Plaza SW, Washington, DC
20024; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-1176; Project Identifier
MCAI-2021-00755-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Hal
Jensen, Aerospace Engineer, Operational Safety Branch, FAA, 950
L'Enfant Plaza SW, Washington, DC 20024; telephone<PHONE_NUMBER>;
email [email protected]. Any commentary that the FAA receives that is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0152R1, dated July 20, 2021
(EASA AD 2021-0152R1), to correct an unsafe condition for Airbus
Helicopters (formerly Eurocopter, Eurocopter France, Aerospatiale, Sud
Aviation) Model SA 330 J helicopters, all serial numbers, which were
modified in service in accordance with the instructions of Eurocopter
France Service Bulletin (SB) No. 01.20 (part of which is the in-service
retrofit Modification (Mod) 07 40043), except those on which each
affected part (as defined in EASA AD 2021-0152R1) was replaced with a
new part (not previously installed) during embodiment of Eurocopter
France SB No. 01.20 in service.
    This proposed AD was prompted by a review of Model EC225LP
helicopter in-service data that revealed potential tightening torque
loss of the attachment screws of the upper deck fittings of the three
MGB suspension bars. The FAA issued AD 2020-06-12, Amendment 39-19881
(85 FR 19077, April 6, 2020) to address the unsafe condition on Model
EC225LP helicopters). Due to design similarities, the MGB RH rear
fittings and MGB RH rear fitting attachment screws on Model SA330J
helicopters could also be affected. Additional analysis confirmed that
the SLL for these affected MGB RH rear fittings needs to be reduced for
helicopters on which these affected parts were operated concurrently
with metallic main rotor blades (pre-Airbus Helicopters Modification 07
40043) installed. Airbus Helicopters Modification 07 40043 introduced
the installation of composite main rotor blades.
    The FAA is proposing this AD to address tightening torque loss of
the attachment screws of the upper deck fittings of the three MGB
suspension bars. The unsafe condition, if not addressed, could result
in structural failure of the MGB RH rear fittings and MGB RH rear
fitting attachment screws, resulting in detachment of the MGB
suspension bars and consequent loss of control of the helicopter. See
EASA AD 2021-0152R1 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0152R1 requires determining the damage value of each
affected MGB RH rear fitting by calculating the damage caused during
the time each affected part was operated concurrently with metallic
main rotor blades installed on the helicopter, calculating the SLL for
each affected MGB RH rear fitting, and eventually replacing each
affected MGB RH rear fitting and the MGB RH rear fitting attachment
screws with new parts.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0152R1, described previously, as incorporated by
reference, except for any differences

identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0152R1 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0152R1 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2021-0152R1 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0152R1. Service information referenced in EASA AD 2021-0152R1 for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1176 after the FAA final
rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 15 helicopters of U.S. Registry. Labor rates are estimated at
$85 per work-hour. Based on these numbers, the FAA estimates the
following costs to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product       operators '
----------------------------------------------------------------------------------------------------------------
Determine damage value and SLL........  1 work-hour x $85 per                 $0             $85          $1,275
                                         hour = $85.
Replace parts.........................  8 work-hours x $85 per             7,540           8,220         123,300
                                         hour = $680.
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Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

Airbus Helicopters: Docket No. FAA-2021-1176; Project Identifier
MCAI-2021-00755-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by February 28, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model SA330J helicopters,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2021-0152R1, dated July 20, 2021
(EASA AD 2021-0152R1).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6300, Main Rotor
Drive System.

(e) Unsafe Condition

    This AD was prompted by a review of Airbus Helicopters Model
EC225LP helicopter data that revealed potential tightening torque
loss of the attachment screws of the upper deck fittings of the
three main gearbox (MGB) suspension bars. Due to design
similarities, the MGB right-hand (RH) rear fittings and MGB RH rear
fitting attachment screws on Model SA330J helicopters could also be
affected. Additional analysis confirmed that the service life limit
(life limit) (SLL) for the affected MGB RH rear fittings needs to be
reduced for helicopters on which these affected parts were operated
concurrently with metallic main rotor blades installed. The FAA is
issuing this AD to address tightening torque loss of the attachment
screws of the upper deck fittings of the three MGB suspension bars.
The unsafe condition, if not addressed, could result in structural
failure of the MGB RH rear fittings and MGB RH rear fitting
attachment screws, resulting in detachment of the MGB suspension
bars and consequent loss of control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0152R1.

(h) Exceptions to EASA AD 2021-0152R1

    (1) Where EASA AD 2021-0152R1 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2021-0152R1 refers to July 9, 2021 (the
effective date of EASA AD 2021-0152, dated June 25, 2021), this AD
requires using the effective date of this AD.
    (3) Where the service information referenced in EASA AD 2021-
0152R1 specifies discarding parts, this AD requires removing those
parts from service.
    (4) Although the service information referenced in EASA AD 2021-
0152R1 specifies that ``The work must be performed on the helicopter
by the operator.'' this AD does not require that the operator
perform the work.
    (5) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0152R1.
    (6) The preliminary steps specified in paragraph 3.B.1. of the
service information referenced in EASA AD 2021-0152R1 are not
required for compliance with this AD.
    (7) Although the service information referenced in EASA AD 2021-
0152R1 specifies contacting Airbus Helicopters if the time since new
(TSN) is unknown at the retrofit date, this AD requires determining
the damage value and the SLL of each affected part but does not
require contacting Airbus Helicopters if the TSN is unknown at the
retrofit date.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-
0152R1 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k)(2) of
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    (1) For EASA AD 2021-0152R1, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may view this
material at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For
information on the availability of this material at the FAA, call
(817) 222-5110. This material may be found in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-1176.
    (2) For more information about this AD, contact Hal Jensen,
Aerospace Engineer, Operational Safety Branch, FAA, 950 L'Enfant
Plaza SW, Washington, DC 20024; telephone<PHONE_NUMBER>; email
[email protected].

    Issued on January 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-00127 Filed 1-12-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Rules and Regulations]
[Pages 18736-18737]
[FR Doc No: 2019-08853]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0764; FRL-9993-02-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Allegheny County Reasonably Available Control Technology
for the 2008 Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Pennsylvania
Department of Environmental Protection (PADEP) on behalf of the
Allegheny County Health Department (ACHD) for the purpose of satisfying
the volatile organic compound (VOC) reasonably available control
technology (RACT) requirements for source categories covered by control
technique guidelines (CTGs) under the 2008 8-hour ozone national
ambient air quality standard (NAAQS). EPA is approving these revisions
addressing the VOC CTG RACT requirements set forth by the CAA for the
2008 8-hour ozone NAAQS for Allegheny County in accordance with the
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on June 3, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0764. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Megan Goold, Planning & Implementation
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is<PHONE_NUMBER>. Ms. Goold can also be reached
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On February 13, 2019 (84 FR 3742), EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of a SIP revision addressing the VOC CTG
RACT requirements set forth by the CAA for the 2008 8-hour ozone NAAQS
for Allegheny County (the 2018 VOC CTG RACT Submission for Allegheny
County). The formal SIP revision was submitted by Pennsylvania on
behalf of Allegheny County on July 24, 2018.

II. Summary of SIP Revision and EPA Analysis

    On July 24, 2018, PADEP submitted a SIP revision for Allegheny
County to address the VOC CTG RACT requirements set forth by the CAA
for the 2008 8-hour ozone NAAQS. Specifically, the 2018 VOC CTG RACT
Submission for Allegheny County includes: (1) A certification that for
certain categories of sources, previously-adopted VOC RACT controls in
the Allegheny County portion of Pennsylvania's SIP that were approved
by EPA under the 1979 1-hour and 1997 8-hour ozone NAAQS continue to be
based on the currently available technically and economically feasible
controls, and continue to represent RACT for implementation of the 2008
8-hour ozone NAAQS; and (2) a negative declaration that certain CTG
sources of VOC do not exist in Allegheny County, PA. This SIP revision
does not cover non-CTG sources in Allegheny County. PADEP will address
RACT for major sources of NOX and for major non-CTG VOC
sources for Allegheny County in another SIP submission.
    Allegheny County's Regulations and Statutes, under Allegheny County
Article XXI 2105.10, 2105.11, 2105.12, 2105.13, 2105.15, 2105.16,
2105.19, 2105.70, 2105.71, 2105.72., 2105.74, 2105.76, 2105.77,
2105.78, 2105.79, 2105.80, 2105.81, 2105.82, 2105.83, 2015.84, 2105.85,
and 2105.86 contain the VOC CTG RACT controls that were implemented and
approved into Pennsylvania's SIP under the 1-hour and 1997 8-hour ozone
NAAQS. PADEP is certifying that these regulations, all previously
approved by EPA into the SIP, continue to meet the RACT requirements
for the 2008 8-hour ozone NAAQS for CTG-covered sources of VOCs in
Allegheny County, PA. PADEP also submitted a negative declaration for
the CTGs that have not been adopted because Allegheny County does not
contain the affected source categories. More detailed information on
these provisions as well as a detailed summary of EPA's review can be
found in the Technical Support Document (TSD) for this action which is
available on line at https://www.regulations.gov, Docket number EPA-
R03-OAR-2018-0764.
    An explanation of the Clean Air Act requirements, a detailed
analysis of the revisions, and EPA's reasons for proposing approval
were provided in the NPRM and will not be restated here. No public
comments were received on the NPRM.

III. Final Action

    EPA is approving Pennsylvania's 2018 VOC CTG RACT Submission for
Allegheny County on the basis that it demonstrates that existing
regulations in the Allegheny County portion of Pennsylvania's SIP
represent RACT for the purposes of compliance with the 2008 8-hour
ozone standard for all stationary sources of VOCs covered by a CTG
issued prior to July 20, 2014.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond

those imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 1, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action approving the 2018 VOC CTG RACT Submission for
Allegheny County may not be challenged later in proceedings to enforce
its requirements. (See section 307(b)(2)).

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.

    Dated: April 18, 2019.
Diana Esher,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding
the entry ``2008 8-hour Ozone National Ambient Air Quality Standard
Reasonably Available Control Technology Standard'' at the end of the
table to read as follows:

Sec.  52.2020   Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
  Name of non-regulatory SIP                                 State submittal    EPA approval       Additional
           revision              Applicable geographic area        date             date           explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2008 8-hour Ozone National      Allegheny County...........        07/24/18   5/2/2019,         This action
 Ambient Air Quality Standard                                                  [insert Federal   pertains to
 Reasonably Available Control                                                  Register          sources covered
 Technology Standard.                                                          citation].        by CTGs issued
                                                                                prior to July
                                                                                20, 2014.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-08853 Filed 5-1-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: November 6, 2007 (Volume 72, Number 214)]
[Notices]
[Page 62643-62644]
[DOCID:fr06no07-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-448-000]

El Paso Natural Gas Company; Notice of Intent to Prepare an
Environmental Assessment for the Proposed Picacho Compressor Station
Project and Request for Comments on Environmental Issues

October 26, 2007.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Picacho Compressor Station
Project involving construction and operation of natural gas pipeline
facilities by El Paso Natural Gas Company (El Paso) in Pinal County,
Arizona. The EA will be used by the Commission in its decision-making
process to determine whether the project is in the public convenience
and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help determine which issues
need to be evaluated in the EA. Please note that the scoping period
will close on November 26, 2007. Details on how to submit comments are
provided in the Public Participation section of this notice.
    This notice is being sent to affected landowners; Federal, State,
and local government agencies; elected officials; Native American
tribes; other interested parties; and local libraries and newspapers.
State and local government representatives are asked to notify their
constituents of this proposed project and to encourage them to comment
on their areas of concern.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' addresses a number
of typically asked questions, including the use of eminent domain and
how to participate in the Commission's proceedings. It is available for
viewing on the FERC Internet Web site (http://www.ferc.gov).

Summary of the Proposed Project

    El Paso proposes to install three gas-fired compressor units
totaling 8,290 horsepower at the new Picacho Compressor Station in
Pinal County, Arizona. The proposed project would provide up to 372,500
dekatherms per day of gas to interconnects with Transwestern Pipeline
Company, LLC's proposed Phoenix Expansion (Docket No. CP06-459-000) and
El Paso's existing pipeline system.
    The proposed compressor station would be located along El Paso's
Line 20120 in an 8-acre parcel owned by El Paso. The parcel is also the
current location of El Paso's Line 20120 pigging facilities. El Paso
indicates that additional workspace would not be required outside of
the 8-acre parcel, and an existing public road would be utilized for
access to the construction area.
    The general location of the proposed facilities is shown in
Appendix 1\1\.
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies are available on the
Commission's Internet Web site (http://www.ferc.gov) at the

``eLibrary'' link or from the Commission's Public Reference Room at
(202) 502-8371. For instructios on connecting to eLibrary, refer to
the ``Additional Information'' section at the end of this notice.
Copies of the appendices were sent to all those receiving this
notice in the mail. Requests for detailed maps of the proposed
facilities should be made directly to El Paso.
---------------------------------------------------------------------------

The EA Process

    We \2\ are preparing this EA to comply with the National
Environmental Policy Act (NEPA) which requires the Commission to take
into account the environmental impact that could result if it
authorizes El Paso's proposal. By this notice, we are also asking
federal, state, and local agencies with jurisdiction and/or special
expertise with respect to environmental issues to formally cooperate
with us in the preparation of the EA. Agencies that would like to
request cooperating status should follow the instructions for filing
comments provided below.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our '' refer to the environmental
staff of the FERC's Office of Energy Projects.
---------------------------------------------------------------------------

    NEPA also requires the FERC to discover and address concerns the
public may have about proposals. This process is referred to as
``scoping.'' The main goal of the scoping process is to focus the
analysis in the EA on the important environmental issues. By this
Notice of Intent, we are requesting public comments on the scope of the
issues to address in the EA. All comments received are considered
during the preparation of the EA.
    The EA will discuss impacts that could occur as a result of the
construction and operation of the proposed project under these general
headings:
     Geology and soils.
     Land use and visual quality.
     Cultural resources.
     Vegetation and wildlife (including threatened and
endangered species).
     Air quality and noise.
     Reliability and safety.
    We will also evaluate possible alternatives to the proposed project
or portions of the project, where necessary, and make recommendations
on how to lessen or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be in the EA. Depending
on the comments received during the scoping process, the EA may be
published and mailed to federal, state, and local agencies, public
interest groups, interested individuals, affected landowners,
newspapers, libraries, and the Commission's official service list for
this proceeding. A comment period will be allotted for review if the EA
is published. We will consider all comments on the EA before we make
our recommendations to the Commission.
    To ensure your comments are considered, please carefully follow the
instructions in the Public Participation section below.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. By becoming a commentor, your
concerns will be addressed in the EA and considered by the Commission.
You should focus on the potential environmental effects of the
proposal, alternatives to the proposal including alternative compressor
station sites, and measures to avoid or lessen environmental impact.
The more specific your comments, the more useful they will be. Please
carefully follow these instructions to ensure that your comments are
received in time and properly recorded:
     Send an original and two copies of your letter to:
Kimberley D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First St., NE., Room 1A, Washington, DC 20426;
     Label one copy of the comments for the attention of Gas
Branch 1, PJ-11.1;
     Reference Docket No. CP07-448-000; and
     Mail your comments so that they will be received in
Washington, DC on or before November 26, 2007.
    The Commission encourages electronic filing of comments. See 18
Code of Federal Regulations

385.2001(a)(1)(iii) and the instructions on the Commission's Internet
Web site at http://www.ferc.gov under the ``eFiling'' link and the link

to the User's Guide. Prepare your submission in the same manner as you
would if filing on paper and save it to a file on your hard drive.
Before you can file comments you will need to create an account by
clicking on ``Login to File'' and then ``New User Account.'' You will
be asked to select the type of filing you are making. This filing is
considered a ``Comment on Filing.''
    As described above, we may mail the EA for comment. If you are
interested in receiving an EA for review and/or comment, please return
the Information Request (Appendix 3). If you do not return the
Information Request, you will be taken off the mailing list.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an official party to the proceeding known as an
``intervenor.'' Intervenors play a more formal role in the process.
Among other things, intervenors have the right to receive copies of
case-related Commission documents and filings by other intervenors.
Likewise, each intervenor must send one electronic copy (using the
Commission's eFiling system) or 14 paper copies of its filings to the
Secretary of the Commission and must send a copy of its filings to all
other parties on the Commission's service list for this proceeding.
    If you want to become an intervenor you must file a motion to
intervene according to Rule 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.214) (see Appendix 2) \3\. Only intervenors
have the right to seek rehearing of the Commission's decision.
---------------------------------------------------------------------------

    \3\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
---------------------------------------------------------------------------

    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your environmental comments considered.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the ``eLibrary''

link. Click on the eLibrary link, then on ``General Search'' and enter
the docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx
 along with other related information.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-21735 Filed 11-5-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38743-38745]
[FR Doc No: 2013-15349]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69824; File No. SR-NSCC-2013-08]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change, as Modified by Amendment No. 1, To Expand the Analytic
Reporting Service To Permit Increased Source Data

June 21, 2013.
    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 June 7, 2013, National Securities Clearing Corporation (``NSCC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II and III below, which
Items have been prepared primarily by NSCC. On June 20, 2013, NSCC
filed Amendment No. 1 to the proposed rule change.\3\ NSCC filed the
proposed rule change pursuant to Section 19(b)(3)(A)(iii) \4\ of the
Act and Rule 19b-4(f)(4) \5\ thereunder, so that the proposed rule
change, as modified by Amendment No. 1, was effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change, as modified by Amendment No. 1,
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 modified Sections 12(d) and (e) of Exhibit 5
to the original proposed rule change filing to (i) reflect the
application of those sections to both NSCC Members and Limited
Members, and (ii) correct a grammatical error.
    \4\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \5\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change consists of amendments to Rule 57 of the
Rules & Procedures (``Rules'') of NSCC with respect to enhancements to
the Analytic Reporting Service of the Insurance and Retirement
Processing Services (``I&RS'').

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, NSCC 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. NSCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Background
    On December 10, 2010, NSCC filed with the Commission proposed rule
change SR-NSCC-2010-18 \6\ to add a new I&RS service called the
Analytic Reporting Service (``Service''). In that filing, NSCC
described how the Service aggregates transaction data to produce
monthly reports relating to the insurance industry markets (such
reports, collectively, ``Analytics Data''). To create Analytics Data, a
data feed from I&RS's Financial Activity Reporting (``FAR'') service is
transmitted to the Service on a periodic basis. FAR is an NSCC I&RS
service that provides I&RS members the ability to transmit insurance
transaction data and information between themselves. I&RS members
submitting transaction data through FAR can only do so where the
counterparty to such transaction is also an I&RS member. By accessing
and applying the FAR data feed, the Service uses as its source data
actual transaction information, rather than survey results, which gives
subscribers of the Service a more efficient, cost effective, and timely
benchmarking and other relevant information mechanism, than other
similar aggregating services.
---------------------------------------------------------------------------

    \6\ Release No. 34-63604 (Dec. 23, 2010), 75 FR 82115 (Dec. 29,
2010).
---------------------------------------------------------------------------

    However, because the Service's source data is currently limited
solely to transaction data transmitted through FAR, the benefits of the
Service cannot be applied to other data sources. Subscribers of the
Service, and prospective subscribers, have requested that NSCC enhance
the Service to allow for submission of additional source data in order
that the Service may provide a more complete view of subscribers' own
business and of the insurance industry generally.
2. The Proposed Rule Change
    The proposed rule change will expand the Service to permit for
increased source data. Under the proposed rule change, I&RS members may
submit their transaction data to NSCC, even where the counterparty to a
transaction is not an existing I&RS member, and the proposed rule
change will also permit for submission of transaction data by parties
that are not existing members of NSCC. Under the proposed rule change,
in addition to

transactions submitted through FAR, the Service will contain a
``storage data'' functionality that will permit I&RS members, and
parties that are not existing members of NSCC, to submit transaction
data directly to the Service.
    In connection with the proposed storage data functionality, the
proposed rule change will specify that the Service is a service
offering of NSCC to members on their behalf and that NSCC will not use
or disclose the storage data received by NSCC other than for purposes
of providing Analytics Data and other purposes permitted under
applicable law. In addition, the proposed rule change will expand the
data, to include all source data, which I&RS members may preclude from
disclosure and attribution in connection with earnings reporting laws
compliance. Similarly, the proposed rule change will permit I&RS
members to prevent the attribution to them of all of their source data
under the Service's existing ``Opting-Out'' provision.
    The proposed rule change will contain the following representations
to be made by each I&RS member that submits storage data to NSCC:
     That the submitter of the storage data has the right to
submit such storage data to NSCC;
     That either:
    [cir] no third party consents are required in connection with
submission to NSCC of any storage data, or
    [cir] if any third party consents are required in connection with
submission to NSCC of any storage data, the submitter has obtained all
such third party consents;
     That the submitter has the right to allow NSCC to use such
storage data in the creation of the Analytics Data that shall be
reported to third parties; and
     That either:
    [cir] the submitter has made the notices, and offered the rights,
to individuals with regard to the submitter's submission of such
storage data to NSCC for use in preparing the Analytics Data that is
reported to third parties, as required by applicable privacy
regulations under the Gramm-Leach-Bliley Act; or
    [cir] if the submitter is not the appropriate party, the submitter
has ensured that the appropriate party has made the notices, and
offered the rights, to individuals with regard to such submitter's
submission of such storage data to NSCC for use in preparing the
Analytics Data that is reported to third parties, as required by
applicable privacy regulations under Gramm-Leach-Bliley Act.
    The proposed rule change will also contain an indemnification
provision to protect NSCC from any losses it may sustain in reliance
upon the above representations. The proposed rule change will specify
that because the Analytics Data is based solely upon source data
provided to NSCC, NSCC makes no representation or warranty that any of
the Analytics Data accurately reflects past, present or future market
performance, nor does NSCC guarantee the adequacy, accuracy, timeliness
or completeness of any Analytics Data or its fitness for any purpose,
and that NSCC will not be subject to any damages or liabilities
whatsoever with respect to any errors, omissions or delays in any
Analytics Data nor for any party's use of or reliance upon any
Analytics Data.
    As a result of these proposed rule changes, the Service will
provide more complete information to subscribers about their own
businesses and business relationships, and benchmarking information
about the overall market.
3. Statutory Basis
    NSCC believes that the proposed rule change is consistent with the
requirements of the Act, as amended, specifically Section
17A(b)(3)(F),\7\ and the rules and regulations thereunder applicable to
NSCC, because the change will permit I&RS members of NSCC to enhance
their monitoring and analysis of their businesses, and accordingly,
fosters [sic] cooperation and coordination with persons engaged in the
clearance and settlement of securities transactions.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    NSCC 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. The proposed rule change will
result in more robust insurance market data, delivering a better
understanding of performance relative to user peer groups and providing
business decision support, which NSCC believes will enhance competition
to the benefit of investors and beneficiaries.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    Written comments relating to the proposed rule changes [sic] have
not yet been solicited or received. NSCC will notify the Commission of
any written comments received by NSCC.

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 and paragraph (f) of Rule 19b-4 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.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change, as modified, 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 No. SR-NSCC-2013-08 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-NSCC-2013-08. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filings will also be available
for

inspection and copying at the principal office of NSCC and on NSCC's
Web site at http://dtcc.com/legal/rule_filings/nscc/2013.php.
    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-NSCC-2013-08 and
should be submitted on or before July 18, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2013-15349 Filed 6-26-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Notices]
[Page 36353]
[FR Doc No: 2022-12946]

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

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-127, OMB Control No. 3235-0108]

Proposed Collection; Comment Request: Extension; Rule 14f-1

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Under Exchange Act Rule 14f-1 (17 CFR 240.14f-1), if a person or
persons have acquired securities of an issuer in a transaction subject
to Sections 13(d) or 14(d) of the Exchange Act, and changes a majority
of the directors of the issuer otherwise than at a meeting of security
holders, then the issuer must file with the Commission and transmit to
security holders information related to the change in directors within
10 days prior to the date the new majority takes office as directors.
The information filed under Rule 14f-1 must be filed with the
Commission and is publicly available. We estimate that it takes
approximately 18 burden hours to provide the information required under
Rule 14f-1 and that the information is filed by approximately 30
respondents for a total annual reporting burden of 540 hours (18 hours
per response x 30 responses).
    Written comments are invited on: (a) whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication by August 15, 2022.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549 or send an email to:
[email protected].

    Dated: June 10, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-12946 Filed 6-15-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 98 (Wednesday, May 20, 2020)]
[Rules and Regulations]
[Pages 30595-30597]
[FR Doc No: 2020-10741]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0101; Product Identifier 2019-NM-190-AD; Amendment
39-19908; AD 2020-09-12]
RIN 2120-AA64

Airworthiness Directives; De Havilland Aircraft of Canada Limited
(Type Certificate Previously Held by Bombardier, Inc.) Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain De Havilland Aircraft of Canada Limited Model DHC-8-400 series
airplanes. This AD was prompted by a report that certain elevator power
control unit (PCU) arm fittings have nonconforming fillet radii. This
AD requires an inspection for affected elevator PCU assemblies,
inspections of affected elevator PCU arm fittings for nonconforming
fillet radii and cracks, replacement if necessary, and re-
identification of the affected elevator PCU assemblies. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective June 24, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 24,
2020.

ADDRESSES: For service information identified in this final rule,
contact De Havilland Aircraft of Canada Limited, Q-Series Technical
Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
internet: https://dehavilland.com. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0101.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0101; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; phone:<PHONE_NUMBER>; fax: 516-
794-5531; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2019-36, dated October
18, 2019 (``AD CF-2019-36'') (also referred to as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain De Havilland Aircraft of Canada Limited
Model DHC-8-400 series airplanes. You may examine the MCAI in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-0101.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain De Havilland
Aircraft of Canada Limited Model DHC-8-400 series airplanes. The NPRM
published in the Federal Register on February 24, 2020 (85 FR 10344).
The NPRM was prompted by a report that certain elevator PCU arm
fittings have nonconforming fillet radii. The NPRM proposed to require
an inspection for affected elevator PCU assemblies, inspections of
affected elevator PCU arm fittings for nonconforming fillet radii and
cracks, replacement if necessary, and re-identification of the affected
elevator PCU assemblies. The FAA is issuing this AD to address elevator
PCU assemblies with nonconforming fillet radii, which could lead to
premature failure of the fitting and a jam in one elevator; if the
fittings on both elevators fail, a complete loss of elevator control
could occur. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no

comments on the NPRM or on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA has determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    De Havilland Aircraft of Canada Limited has issued Service Bulletin
84-55-10, Revision A, dated July 25, 2019. This service information
describes procedures for an inspection for affected elevator PCU
assemblies, inspections of affected elevator PCU arm fittings for
nonconforming fillet radii and cracks, replacement if necessary, and
re-identification of the affected elevator PCU assemblies. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 38 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425...........................              $0             $425          $16,150
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition replacement that would be required based on the results of
any required inspections. The FAA has no way of determining the number
of aircraft that might need this on-condition replacement:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
         Labor cost                Parts cost         Cost per product
------------------------------------------------------------------------
14 work-hours x $85 per hour  Up to $9,060 ($1,510  Up to $10,250.
 = $1,190.                     per elevator PCU
                               arm fittings--6
                               total per airplane).
------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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 airworthiness
directive (AD):

2020-09-12 De Havilland Aircraft of Canada Limited (Type Certificate
Previously Held by Bombardier, Inc.): Amendment 39-19908; Docket No.
FAA-2020-0101; Product Identifier 2019-NM-190-AD.

(a) Effective Date

    This AD is effective June 24, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited Model
DHC-8-400, -401, and -402 series airplanes, certificated in any
category, serial numbers 4001 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Reason

    This AD was prompted by a report that certain elevator power
control unit (PCU) arm fittings have nonconforming fillet radii. The
FAA is issuing this AD to address elevator PCU assemblies with
nonconforming fillet radii, which could lead to premature failure of
the fitting and a jam in one elevator; if the fittings on both
elevators fail, a complete loss of elevator control could occur.

(f) Compliance

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

(g) Definition

    Affected elevator PCU assemblies are those having part number
85527021-005 or 85527021-006, and having serial number MMC4255
through MMC4276 inclusive.

(h) Inspections

    For airplanes having serial numbers 4001 through 4620 inclusive,
within 8,000 flight cycles on the elevator PCU assembly after the
effective date of this AD, or before the accumulation of 30,000
total flight cycles on the elevator PCU assembly, whichever occurs
first: Do the actions specified in paragraphs (h)(1) and (2) of this
AD.
    (1) Inspect to determine the part number and serial number of
each elevator PCU assembly installed on the airplane. A review of
airplane maintenance records is acceptable in lieu of this
inspection if the part number and serial number of the elevator PCU
assembly can be conclusively determined from that review.
    (2) If, during any inspection or records review required by
paragraph (h)(1) of this AD, any affected elevator PCU assembly is
found, do a detailed inspection of the elevator PCU arm fittings for
undersized fillet radii and cracks of the fillet radii in accordance
with Part A of the Accomplishment Instructions of De Havilland
Aircraft of Canada Limited Service Bulletin 84-55-10, Revision A,
dated July 25, 2019. If no undersized fillet radii or cracks of the
fillet radii are found, before further flight, re-identify the
affected elevator PCU assembly in accordance with the Accomplishment
Instructions of De Havilland Aircraft of Canada Limited Service
Bulletin 84-55-10, Revision A, dated July 25, 2019.

(i) Corrective Actions

    If during any inspection of the elevator PCU arm fittings
required by paragraph (h)(2) of this AD, any undersized fillet radii
or cracks of the fillet radii are found, before further flight,
replace the elevator PCU arm fittings and re-identify each affected
elevator PCU assembly in accordance with Part B of the
Accomplishment Instructions of De Havilland Aircraft of Canada
Limited Service Bulletin 84-55-10, Revision A, dated July 25, 2019.

(j) Parts Installation Limitation

    As of the effective date of this AD, no person may install an
affected elevator PCU assembly on any airplane, unless it has been
re-identified in accordance with the Accomplishment Instructions of
De Havilland Aircraft of Canada Limited Service Bulletin 84-55-10,
Revision A, dated July 25, 2019.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (h) and (i) of this AD, if those actions were performed
before the effective date of this AD using De Havilland Aircraft of
Canada Limited Service Bulletin 84-55-10, dated May 29, 2019.

(l) No Reporting Requirement

    Although De Havilland Aircraft of Canada Limited Service
Bulletin 84-55-10, Revision A, dated July 25, 2019, specifies to
submit certain information to the manufacturer, this AD does not
include that requirement.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or De
Havilland Aircraft of Canada Limited's TCCA Design Approval
Organization (DAO). If approved by the DAO, the approval must
include the DAO-authorized signature.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2019-36, dated October 18, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2020-0101.
    (2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (o)(3) and (4) of this AD.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) De Havilland Aircraft of Canada Limited Service Bulletin 84-
55-10, Revision A, dated July 25, 2019.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact De
Havilland Aircraft of Canada Limited, Q-Series Technical Help Desk,
123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; phone: 416-
375-4000; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet:
https://dehavilland.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 6, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-10741 Filed 5-19-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Notices]
[Page 62843]
[FR Doc No: 2022-22485]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-48-000]

West Line Solar, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
West Line Solar, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 31, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. 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 the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: October 11, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-22485 Filed 10-14-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 25, 2007 (Volume 72, Number 206)]
[Notices]
[Page 60697-60699]
[DOCID:fr25oc07-108]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56680; File No. SR-CBOE-2007-59]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change To Amend the
Minimum Quote Size Requirements for Hybrid Opening System Rotations

October 19, 2007.
    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 September 17, 2007, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been substantially
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its minimum quote size requirements
that are applicable to trading rotations conducted via the Hybrid
Opening System (``HOSS''). The text of the proposed rule change is
available at the Exchange, on the Exchange's Web site (http://www.cboe.org/Legal
), 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 CBOE Rule 6.2B, Hybrid Opening
System (``HOSS''), which pertains to trading rotations for series
trading on the CBOE Hybrid Trading System (``Hybrid''), in order to
modify the minimum quote size requirements applicable to Market-Makers,
Remote Market-Makers, Designated Primary Market-Makers, Electronic
Designated Primary Market-Makers and Lead Market-Makers (collectively
referred to as ``Market-Makers'').\3\
---------------------------------------------------------------------------

    \3\ Currently, Designated Primary Market-Makers, Electronic
Designated Primary Market-Makers and Lead Market-Makers are required
to enter opening quotes in accordance with CBOE Rule 6.2B in 100% of
the series of each appointed class; whereas, other Market-Makers and
Remote Market-Makers are permitted, but not required, to enter
opening quotes in accordance with CBOE Rule 6.2B. See CBOE Rules
6.2B, 8.15A (``Lead Market-Makers in Hybrid Classes'') (subparagraph
(b)(iv) of this rule has been interpreted by the Exchange to require
an LMM to enter opening quotes in 100% of the series of each
appointed class), 8.85 (``DPM Obligations''), and 8.93 (``e-DPM
Obligations''). The Exchange notes, however, that it has submitted a
separate proposed rule change that would modify the opening quote
obligations of Designated Primary Market-Makers, Electronic Primary
Market-Makers, and Lead Market-Makers. See SR-CBOE-2007-87.
---------------------------------------------------------------------------

    With respect to Market-Makers' quote sizes generally, CBOE Rule 8.7
(``Obligations of Market-Makers'') currently provides that the initial
size a Market-Maker electronically quotes must be at least ten
contracts (undecremented size) (the ``10-up'' requirement); however, if
the underlying primary market disseminates a 100-share best bid or
offer quote (which is the equivalent of one option contract), a Market-
Maker's undecremented quote may be for as low as one contract (``1-
up'').\4\ The proposed revisions to CBOE Rule 6.2B would revise these
parameters only with respect to opening rotations in Hybrid classes. In
particular, the existing minimum quote size requirements would continue
to apply, except that a Market-Maker would be permitted to enter an
opening quote for as low as one contract if the underlying primary
market disseminates less than a 1000-share best bid or offer quote
(which is the equivalent of ten contracts) immediately prior to an
option series opening.\5\
---------------------------------------------------------------------------

    \4\ See, e.g., CBOE Rule 8.7(d)(ii)(B).
    \5\ Under CBOE Rule 6.2B, the HOSS rotation process for an
option class is initiated when the underlying market opens. When the
underlying market ``opens'' is determined, on a class-by-class
basis, to be either the opening trade and/or opening quote (or
whichever occurs first). In addition, the Commission notes that CBOE
recently modified the parameters for determining when the underlying
market opens. See Securities Exchange Act Release No. 56600 (October
2, 2007), 72 FR 57619 (October 10, 2007) (SR-CBOE-2007-88). Once the
underlying market open occurs, HOSS initiates the overlying option
class opening and sends a Rotation Notice to market participants.
Thereafter, HOSS will open the series of a class in a random order.
The Exchange notes that the underlying primary market's last
reported quotation information may change between the time that the
underlying market opens and the time that an overlying option series
opens. For purposes of the proposed ``1-up'' quoting relief, the
Exchange proposes that a Market-Maker only look to the underlying
primary market's last reported quotation information that exists
immediately prior to time the Market-Maker enters its opening
quotes. Thus, for example, if an underlying primary market has
``opened'' with a best bid of 1000 shares and best offer of 1000
shares and, subsequent to that time but immediately prior to the
time the Market-Maker enters its opening quotes, the underlying
primary market's last reported best bid was 500 shares and best
offer was 500 shares (i.e., 500 x 500), a Market-Maker would be
permitted to enter a minimum opening quote for one contract on both
the bid and offer sides of a call or put series (i.e., 1 x 1). If,
however, the underlying primary market's best bid was 500 shares and
best offer was 1000 shares immediately prior to the time the Market-
Maker enters its opening quotes (i.e., 500 x 1000), to the extent
required to quote, a Market-Maker would be permitted to enter a
minimum opening quote for one contract on the bid side and required
to enter a minimum opening quote for ten contracts on the offer side
for a call series (i.e., 1 x 10). Similarly, to the extent required
to quote, a Market-Maker would be required to enter a minimum
opening quote for ten contracts on the bid side and permitted to
enter a minimum opening quote for one contract on the offer side for
a put series (i.e., 10 x 1). This ability to enter an opening quote
for as low as one contract under CBOE Rule 6.2B would take
precedence over any other Exchange rules regarding initial size. See
proposed CBOE Rule 6.2B.02. In this regard, the Exchange notes that,
as compared to the intra-day quoting requirements in CBOE Rule 8.7,
there would be no requirement that the opening quote process be
automated and the Market-Maker's quote size automatically return to
at least 10-up when the underlying primary market no longer
disseminates less than a 1000-share quote. Instead, once a 1-up
opening quote is entered by a Market-Maker, the Market-Maker may
maintain the quote until it is decremented or the Market-Maker
determines to update it. Once an option series is opened and a
Market-Maker's quote is decremented or the Market-Maker determines
to update the quote, such updated quote would be subject to the
electronic quotation size obligations set forth in CBOE Rule 8.7,
which as discussed above requires that the initial size a Market-
Maker electronically quotes must be at least ten contracts
(undecremented size). For intra-day quoting, CBOE Rule 8.7 also
provides that, if the underlying primary market disseminates a 100-
share quote, a Market-Maker's undecremented quote may be for as low
as one contract, provided the process is automated and the quote
automatically returns to at least 10-up when the underlying primary
market no longer disseminates a 100-share quote. See supra, note 4.
---------------------------------------------------------------------------

    Generally, the Exchange believes that the existing quote size
requirement imposes a reasonable obligation on Market-Makers, who, in
turn for satisfying this and other obligations, are entitled to receive
market maker margin treatment. Nevertheless, the Exchange believes that
there are instances where requiring Market-Makers to quote 10-up during
an opening rotations imposes a heightened and inappropriate level of
risk upon them. Accordingly, in the Exchange's view, the purpose of
this filing is to adopt a limited exception to the 10-up minimum
quoting requirement to provide relief in one such specific instance.
    The Exchange believes that, when the underlying primary market
disseminates less than a 1000-share quote, it substantially restricts
the amount of liquidity available in that security on that particular
side of the market. The Exchange notes that options exchanges are
derivative markets. In this regard, the Exchange believes that, with a
minimum quote size requirement of ten contracts over multiple series,
an options exchange provides exponentially more liquidity than is
available in an underlying primary stock market that is disseminating
less than a 1000-share quote.\6\ Additionally, according to the
Exchange, Market-Makers must hedge their transactions by buying and/or
selling stock, and when the underlying primary stock exchange posts
less than a 1000-share quote during the opening, it restricts the
Market-Maker's ability to hedge, which does nothing but increase the
Market-Maker's financial exposure and risk. This exposure and risk is
intensified during the opening, which tends to be one of the busiest
periods of the trading day. For these reasons, the Exchange believes
that Market-Makers in this instance should have the ability to lower
their Hybrid opening quote sizes to as low as one contract if they
choose, thereby being more consistent with the amount of liquidity
provided by the underlying primary market.\7\
---------------------------------------------------------------------------

    \6\ According to the Exchange, an options exchange may list 20
or more options series for an underlying stock. Thus, for example,
if just a single Market-Maker posts 10-up markets in twenty series,
that Market-Maker alone would be providing liquidity equivalent to
20,000 shares, which would dwarf the underlying primary market's
size commitment of less than 1000 shares.
    \7\ The Exchange also believes that nothing in this proposal
would affect a Market-Maker's obligation to honor its firm quote
requirements imposed by CBOE Rule 8.51 (``Firm Disseminated Market
Quotes''). Accordingly, for example, if a Market-Maker disseminates
a one contract market, its firm quote obligation would be one
contract.
---------------------------------------------------------------------------

    The Exchange states that it is also cognizant of the desire to
continue to maintain fair and orderly openings. CBOE does not think
that this proposal would detract from that objective because,
irrespective of the size associated with a Market-Maker's quotes, the
options class would continue to open in the same automated fashion and,
to the extent there may be

any market order imbalance on the opening, such imbalances would
continue to be addressed in the same manner.\8\
---------------------------------------------------------------------------

    \8\ HOSS will not open an option series if the opening trade
would leave a market order imbalance (i.e., there are more market
orders to buy or to sell for the particular series than can be
satisfied by the limit orders, quotes and market orders on the
opposite side). If this condition occurs, a notification will be
sent to market participants indicating the size and direction (buy
or sell) of the market order imbalance. HOSS will not open the
series until the market order imbalance is satisfied and will repeat
this process until the series is open. See CBOE Rule 6.2B(e)(iii)
and (f). Upon receipt of these messages, generally the Designated
Primary Market-Maker and Electronic Designated Primary Market-
Maker(s) or Lead Market-Maker, as applicable, other Market-Makers
with an appointment in the class, and/or other market participants,
would take steps to address and resolve the market order imbalance
(which steps may include, for example, a Market-Maker adding more
size to his quotes). See also CBOE Rule 8.7(b) (which provides,
among other things, that a Market-Maker has a continuous obligation
to engage, to a reasonable degree under the existing circumstances,
in dealings for his own account when there exists, or it is
reasonably anticipated that there will exist, a temporary disparity
between the supply of and demand for a particular option contract)
and CBOE Rule 7.5 (``Obligation for Fair and Orderly Market'')
(which provides, among other things, that Market-Makers with an
appointment in a class that are present on the floor of the Exchange
may be called upon to make bids and/or offers that contribute to
meeting the standards set forth in CBOE Rule 8.7).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
section 6(b) of the Act,\9\ in general, and furthers the objectives of
section 6(b)(5) of the Act,\10\ in particular, in that it is designed
to facilitate transactions in securities, to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts and,
in general, to protect investors and the public interest. The Exchange
believes that the proposal provides for a very limited exception to the
general requirement that Market-Maker's quotes be for a minimum ten
contracts. The Exchange believes that this exception, which in the
Exchange's view is narrowly-tailored, will provide a measure of
protection to Market-Makers when the underlying primary market
disseminates less than a 1000-share quote during the opening.
Accordingly, the Exchange believes the proposal serves to enhance the
incentives of Market-Makers to quote competitively during Hybrid
opening rotations and reduces the disincentives to quote competitively.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    A. By order approve such proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-CBOE-2007-59 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2007-59. 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 on official business
days between the hours of 10 a.m. and 3 p.m. Copies of the filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
CBOE-2007-59 and should be submitted on or before November 15, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-21028 Filed 10-24-07; 8:45 am]

BILLING CODE 8011-01-P