[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Rules and Regulations]
[Pages 70694-70697]
[FR Doc No: 2015-28911]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2015-0701; FRL-9936-96-Region 5]

Air Plan Approval; Michigan; Sewage Sludge Incinerators State
Plan and Small Municipal Waste Combustors Negative Declaration for
Designated Facilities and Pollutants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
Michigan's State Plan to control air pollutants from ``Sewage Sludge
Incinerators'' (SSI). The Michigan Department of Environmental Quality
(MDEQ) submitted the State Plan on September 21, 2015. The State Plan
is consistent with the Emission Guidelines (EGs) promulgated by EPA on
March 21, 2011. This approval means that EPA finds that the State Plan
meets applicable Clean Air Act (Act) requirements for subject SSI
units. Once effective, this approval also makes the State Plan
Federally enforceable. EPA is also notifying the public that we have
received from Michigan a negative declaration for Small Municipal Waste
Combustors (SMWC). The MDEQ submitted its negative declaration on

July 27, 2015. MDEQ notified EPA in its negative declaration letter
that there are no SMWC units subject to the requirements of the Act
currently operating in Michigan.

DATES: This direct final rule will be effective January 15, 2016,
unless EPA receives adverse comments by December 16, 2015. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect, and will respond to all comments in a final
action based upon the associated proposal.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0701, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Jacqueline Nwia, Acting Chief, Toxics and Global
Atmosphere Section, Air Toxics and Assessment Branch (AT-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
    5. Hand Delivery: Jacqueline Nwia, Acting Chief, Toxics and Global
Atmosphere Section, Air Toxics and Assessment Branch (AT-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only accepted during the Regional
Office normal hours of operation, and special arrangements should be
made for deliveries of boxed information. The Regional Office official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2015-0701. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should not contain special characters or any form of encryption,
and should be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Margaret Sieffert, Environmental
Engineer, at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental
Engineer, Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard (AT-18J), Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:

I. Background
II. What does the State Plan contain?
III. Does the state plan meet the EPA requirements?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. Background

    Section 111(d) of the Act requires that EPA develop regulations
providing that states must submit to EPA plans establishing standards
of performance for certain existing sources of pollutants when a
standard of performance would apply to the existing source if it were a
new source, and if the pollutants are noncriteria pollutants (i.e.,
pollutants for which there is no national ambient air quality standard)
and are not on a list published under section 108 of the Act or emitted
from a source category regulated under section 112 of the Act. Section
129 of the Act and 40 CFR part 60, subpart B apply the section 111(d)
requirements to existing solid waste combustors, including SSIs and
SMWCs, and provide that EPA should include, as part of the performance
standards, emissions guidelines (EGs) that include the plan elements
required by section 129.
    EPA promulgated new source performance standards and EGs for SMWCs
on December 6, 2000, (64 FR 76349, 65 FR 76377). The standards and EGs
are codified at 40 CFR part 60, subparts AAAA and BBBB, respectively.
Thus, states were required to develop plans for existing SMWCs,
pursuant to sections 111(d) and 129 of the Act and 40 CFR part 60,
subpart B.
    EPA promulgated new source performance standards and EGs for SSIs
on March 21, 2011, (76 FR 15372). The standards and EGs are codified at
40 CFR part 60, subparts LLLL and MMMM, respectively. Thus, states were
required to develop plans for existing SSIs, pursuant to sections
111(d) and 129 of the Act and 40 CFR part 60, subpart B.
    A SMWC unit is defined in 40 CFR 60.1550, as any device that has
the capacity to combust at least 35 tons per day of municipal solid
waste but no more than 250 tons per day of municipal solid waste or
refuse derived fuel. The designated facilities to which the EGs apply
are existing SMWC units that commenced construction on or before August
30, 1999.
    A SSI unit is defined in 40 CFR 60.5250 as any device that combusts
sewage sludge for the purpose of reducing the volume of the sewage
sludge by removing combustible matter. The designated facilities to
which the EGs apply are existing SSI units that commenced construction
on or before October 14, 2010. 40 CFR 60.5060.
    Under section 129(b)(2) of the Act and the EGs at 40 CFR part 60,
subpart MMMM, States with SSIs must submit to EPA plans that implement
the EGs. The plans, which must be at least as protective as the EGs,
become Federally enforceable when EPA approves them. 42 U.S.C.
7411(d)(2). If the state fails to submit a satisfactory plan, the
Administrator must promulgate a Federal plan for implementation and
enforcement. Id.
    40 CFR part 60, subpart B contains general provisions applicable to
the adoption and submittal of state plans for

subject facilities under sections 111(d) and 129 (111(d)/129 plan). 40
CFR part 62, subpart A provides the procedural framework for the
submission of the plans. However, 40 CFR 60.23(b) and 62.06 provide
that, if there are no existing sources of the designated pollutant in a
state, the state may submit a letter of certification to that effect
(i.e., a negative declaration) in lieu of a plan. The negative
declaration exempts the state from the provisions of 40 CFR part 60,
subpart B that require the submittal of a 111(d)/129 plan.
    On September 21, 2015, MDEQ submitted its SSI State Plan. The
State's final rule became effective on May 20, 2015. The public hearing
for the State Plan was on August 19, 2015. The plan includes State rule
R 336.1972, ``Emission standards for existing sewage sludge
incineration units,'' and R 336.1902 ``Adoption of standards by
reference,'' which contain emission standards for existing SSI.
    On July 27, 2015, MDEQ submitted its SMWC negative declaration, in
which it certifies that there are no SMWC units currently operating in
Michigan.

II. What does the state plan contain?

    The State SSI plan submittal is based on the Federal SSI EGs. As
set forth in section 129 of the Act and in 40 CFR part 60, subparts B
and MMMM, the State Plan addresses the nine minimum required elements,
as follows:
    1. An inventory of affected SSI units, including those that have
ceased operation but have not been dismantled. Michigan has provided
this along with the shutdown notices for four facilities and the
operating permits for the remaining three affected facilities in
Michigan.
    2. An inventory of the emissions from affected SSI units. Michigan
has provided this.
    3. Compliance schedules for each affected SSI unit. Michigan has
provided a compliance schedule with a compliance date of March 21,
2016.
    4. Emission limits, emission standards, operator training and
qualification requirements and operating limits for affected SSI units
that are at least as protective as the EGs. Michigan has provided this.
    5. Performance testing, recordkeeping and reporting and
requirements. Michigan has provided this.
    6. Certification that the hearing on the state plan was held, a
list of witnesses and their organizational affiliations, if any,
appearing at the hearing, and a brief written summary of each
presentation or written submission. Michigan has provided the required
certification and other information, including a summary of the one
comment it received.
    7. A provision for State progress reports to EPA. Michigan has
stated that it will submit an annual report that will include updates
to the inventory, removing sources that have shut down, adding any new
sources, and identifying any sources that have met increments of
progress. The annual report will also include any enforcement
activities initiated against designated facilities and submission of
technical reports on all performance testing on designated facilities,
including updated emissions inventories.
    8. Identification of enforceable state mechanisms that the State
selected for implementing the EGs. Michigan has provided a detailed
list which identified the enforceable mechanisms.
    9. A demonstration of the State's legal authority to carry out the
SSI State Plan. Michigan has provided a detailed list which
demonstrated that it has such legal authority. This includes the legal
authority to incorporate by reference federal emission guidelines
provisions, as confirmed by a Michigan Attorney General's Opinion
letter dated May 27, 2015.

III. Does the State Plan meet the EPA requirements?

    EPA evaluated the SSI State Plan and related information submitted
by Michigan for consistency with the Act, EPA regulations and policy.
For the reasons discussed above, EPA has determined that the State Plan
meets all applicable requirements and, therefore, is approvable.

IV. What action is EPA taking?

    EPA is approving the State Plan which Michigan submitted on
September 21, 2015, for the control of emissions from existing SSI
sources in the State. EPA is also providing the public with notice of,
and amending 40 CFR part 62 to reflect, EPA's receipt of Michigan's
negative declaration for SMWC facilities.
    The EPA Administrator continues to retain authority for several
tasks, as provided in 40 CFR 60.5050 and as stated in the cover letter
of the State Plan.
    EPA is publishing this approval action without prior proposal
because the Agency views this as a non-controversial action and
anticipates no adverse comments. However, in the proposed rules section
of this Federal Register publication, EPA is publishing a separate
document that will serve as the proposal to approve the State Plan in
the event adverse written comments are filed. This rule will be
effective January 15, 2016 without further notice unless we receive
relevant adverse written comments by December 16, 2015. If we receive
such comments, we will withdraw this action before the effective date
by publishing a subsequent document that will withdraw the final
action. We will then address all public comments received in a
subsequent final rule based on the proposed action. EPA will not
institute a second comment period. Any parties interested in commenting
on this action should do so at this time. Please note that if EPA
receives adverse comment on an amendment, paragraph, or section of this
rule, and if that provision can be severed from the remainder of the
rule, EPA may adopt as final those provisions of the rule that are not
the subject of an adverse comment. If we do not receive any comments,
this action will be effective January 15, 2016.

V. Statutory and Executive Order Reviews

A. General Requirements

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and
therefore is not subject to review by the Office of Management and
Budget under Executive Orders 12866 and 13563 (76 FR 3821, January 21,
2011). For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action merely approves state law as meeting Federal requirements and
merely notifies the public of EPA receipt of a negative declaration
from an air pollution control agency without any existing SMWC units in
its state. This action imposes no requirements beyond those imposed by
the state. Accordingly, the Administrator certifies that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this rule approves pre-existing requirements under state law
and does not impose any additional enforceable duty beyond that
required by state law, it 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). This rule is not
approved to apply on any Indian reservation land or in any other area
where EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian

country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects 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,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Act. This rule also is
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it approves a state rule implementing a Federal standard.
    In reviewing section 111(d)/129 plan submissions, EPA's role is to
approve State choices, provided that they meet the criteria of the Act.
With regard to negative declarations for designated facilities received
by EPA from states, EPA's role is to notify the public of the receipt
of such negative declarations and revise 40 CFR part 62 accordingly. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a section 111(d)/129 plan submission or negative
declaration for failure to use VCS. It would thus be inconsistent with
applicable law for EPA, when it reviews a section 111(d)/129 plan or
negative declaration submission, to use VCS in place of a section
111(d)/129 plan or negative declaration submission that otherwise
satisfies the provisions of the Act. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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 rule 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. This rule 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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 15, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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 Michigan's section 111(d)/129 plan for SSI
sources or negative declaration for SMWC units may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2)).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements, Sewage sludge incinerators, Small municipal
waste combustors.

    Dated: October 29, 2015.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 62 is amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart X--Michigan

0
2. Add two undesignated center headings and Sec. Sec.  62.5620,
62.5621, 62.5622, and 62.5630 to subpart X to read as follows:

Control of Air Emissions From Sewage Sludge Incinerators

Sec.  62.5620  Identification of plan.

    On September 21, 2015, Michigan submitted a State Plan for
implementing the emission guidelines for Sewage Sludge Incinerators
(SSI). The enforceable mechanism for this State Plan is a State rule
codified in R 336.1972, ``Emission standards for existing sewage sludge
incineration units,'' and R 336.1902 ``Adoption of standards by
reference.'' The State's final rule became effective on May 20, 2015.

Sec.  62.5621  Identification of sources.

    The Michigan State Plan for existing Sewage Sludge Incinerators
(SSI) applies to all SSIs for which construction commenced on or before
October 14, 2010 or for which a modification was commenced on or before
September 21, 2011 primarily to comply with this rule.

Sec.  62.5622  Effective date.

    The Federal effective date of the Michigan State Plan for existing
Sewage Sludge Incinerators is January 15, 2016.

Control of Air Emissions From Small Municipal Waste Combustors

Sec.  62.5630  Identification of plan--negative declaration.

    On July 27,2015, the Michigan Department of Environmental Quality
submitted a negative declaration letter to EPA certifying that there
are no existing Small Municipal Waste Combustors (SMWC) units in the
State of Michigan subject to the emissions guidelines at 40 CFR part
60, subpart BBBB.

[FR Doc. 2015-28911 Filed 11-13-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 31, 2010 (Volume 75, Number 168)]
[Notices]
[Page 53286]
[DOCID:fr31au10-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 2

August 17, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP09-8-003.
    Applicants: Tuscarora Gas Transmission Company.
    Description: Report of Tuscarora Gas Transmission Company.
    Filed Date: 08/12/2010.
    Accession Number: 20100812-5124.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 24, 2010.

    Docket Numbers: RP10-983-001.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Transcontinental Gas Pipe Line Company, LLC submits
tariff filing per 154.203: Corrections to Transco's Baseline Filing, to
be effective 7/20/2010.
    Filed Date: 08/12/2010.
    Accession Number: 20100812-5002.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 24, 2010.

    Docket Numbers: RP10-960-002.
    Applicants: B-R Pipeline Company.
    Description: B-R Pipeline Company submits tariff filing per
154.203: Errata Compliance to be effective 7/12/2010 under RP10-960
Filing Type: 580.
    Filed Date: 08/16/2010.
    Accession Number: 20100816-5101.
    Comment Date: 5 p.m. Eastern Time on Monday, August 30, 2010.

    Docket Numbers: RP10-961-002.
    Applicants: USG Pipeline Company.
    Description: USG Pipeline Company submits tariff filing per
154.203: Errata compliance to be effective 7/12/2010.
    Filed Date: 08/16/2010.
    Accession Number: 20100816-5058.
    Comment Date: 5 p.m. Eastern Time on Monday, August 30, 2010.

    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before 5 p.m. Eastern time on the specified comment
date. Anyone filing a protest must serve a copy of that document on all
the parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons
unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-21658 Filed 8-30-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Notices]
[Pages 65229-65231]
[FR Doc No: 2015-27111]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1282]

National Environmental Policy Act; Environmental Assessments for
Tobacco Products; Categorical Exclusions--Small Entity Compliance
Guide; Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry entitled ``National
Environmental Policy Act; Environmental Assessments for Tobacco
Products; Categorical Exclusions--Small Entity Compliance Guide.'' This
guidance is intended to help small businesses understand the recent
changes to FDA's National Environmental Policy Act (NEPA)-implementing
regulations, which will allow certain classes of actions on tobacco
product marketing applications to be excluded from the requirements to
prepare an environmental assessment (EA) or an environmental impact
statement (EIS). This will decrease the amount of time required for
industry to complete, and for FDA to review, applications.

DATES: Submit either electronic or written comments on Agency guidances
at any time.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the

instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions''.
    Instructions: All submissions received must include the Docket No.
FDA-2013-N-1282 for ``National Environmental Policy Act; Environmental
Assessments for Tobacco Products; Categorical Exclusions--Small Entity
Compliance Guide.'' Received comments will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at http://www.regulations.gov or at the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of this guidance to the
Center for Tobacco Products, Food and Drug Administration, Document
Control Center, Bldg. 71, Rm. G335, 10903 New Hampshire Ave., Silver
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist
that office in processing your request or include a fax number to which
the guidance document may be sent. See the SUPPLEMENTARY INFORMATION
section for information on electronic access to the guidance.

FOR FURTHER INFORMATION CONTACT: Katherine Collins, Center for Tobacco
Products, Food and Drug Administration, 10903 New Hampshire Ave.,
Document Control Center, Bldg. 71, Rm. G335, 10903 New Hampshire Ave.,
Silver Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``National Environmental Policy Act; Environmental Assessments
for Tobacco Products; Categorical Exclusions--Small Entity Compliance
Guide.'' This guidance is intended to help small businesses understand
and comply with FDA's implementation of NEPA and the Council on
Environmental Quality (CEQ) regulations for classes of actions for
tobacco products as provided by the final rule. Specifically, this
guidance is intended to help small businesses understand which classes
of actions for tobacco products require at least the preparation of an
EA, and how to apply for categorical exclusions if they qualify based
on their particular circumstance.
    NEPA and CEQ regulations require each Federal Agency to assess, as
an integral part of its decisionmaking process, the environmental
impacts of any proposed Federal action to ascertain the environmental
consequences of that action on the quality of the human environment and
to ensure that the interested and affected public is appropriately
informed (42 U.S.C. 4332(2); 40 CFR 1506.6). FDA regulations governing
its responsibilities under NEPA are codified at 21 CFR part 25, and the
CEQ regulations are codified at 40 CFR parts 1500 to 1508.
    CEQ oversees FDA's compliance with NEPA. For major Federal actions
that may have a significant environmental impact, FDA can either
prepare an EIS or prepare an EA. An EA provides sufficient information
and analysis for FDA to determine whether to prepare an EIS or issue a
finding of no significant impact (21 CFR 25.20; 40 CFR 1501.4). FDA is
responsible for the scope and content of an EA and generally requires
an applicant to prepare an EA and make necessary corrections to it (21
CFR 25.40(b)).
    Categorically excluded actions refer to a category of actions that
have been found not to individually or cumulatively have a significant
effect on the quality of the human environment and which do not
normally require the preparation of an EA or EIS (40 CFR 1508.4).
However, as required under 21 CFR 25.21 and 40 CFR 1508.4, FDA will
require preparation of at least an EA for any specific action that
normally would be excluded if extraordinary circumstances are present
such that the specific proposed action may have the potential to
significantly affect the quality of the human environment. In
compliance with section 212 of the Small Business Regulatory
Enforcement Fairness Act (Pub. L. 104-121), FDA is making available
this small entity compliance guide stating in plain language the legal
requirements of the September 24, 2015, final rule, set forth in 21 CFR
part 25.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance

practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on NEPA and environmental assessments for
tobacco products including categorical exclusions. It does not
establish any rights for any person and is not binding on FDA or the
public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.

III. Electronic Access

    Persons with access to the Internet may obtain an electronic
version of the guidance at either http://www.regulations.gov or http://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/default.htm.

    Dated: October 20, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-27111 Filed 10-23-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Notices]
[Pages 60204-60206]
[FR Doc No: 2017-27275]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-6535]

Standards Development and the Use of Standards in Regulatory
Submissions Reviewed in the Center for Biologics Evaluation and
Research; Draft Guidance for Industry and Food and Drug Administration
Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft document entitled ``Standards Development
and the Use of Standards in Regulatory Submissions Reviewed in the
Center for Biologics Evaluation and Research; Draft Guidance for
Industry and Food and Drug Administration Staff.'' The draft guidance
document recognizes the value of standards and encourages the use of
appropriate standards to facilitate the evaluation of products
regulated by the Center for Biologics Evaluation and Research (CBER).
The guidance describes CBER's recommendations on the use of standards
in product development and the use of such standards in CBER's managed
review process. The draft guidance does not endorse the activities of
specific Standards Development Organizations or recommend specific
standards for use in regulatory submissions.

DATES: Submit either electronic or written comments on the draft
guidance by March 19, 2018 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:

     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-D-6535 for ``Standards Development and the Use of Standards in
Regulatory Submissions Reviewed in the Center for Biologics Evaluation
and Research; Draft Guidance for Industry and Food and Drug
Administration Staff.'' Received comments will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to
the Office of Communication, Outreach and Development, Center for
Biologics Evaluation and Research, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002.
Send one self-addressed adhesive label to assist the office in
processing your requests. The draft guidance may also be obtained by
mail by calling CBER at 1-800-835-4709 or<PHONE_NUMBER>. See the
SUPPLEMENTARY INFORMATION section for electronic access to the draft
guidance document.

FOR FURTHER INFORMATION CONTACT: Angela Moy, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-
402-7911.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft document entitled
``Standards Development and the Use of Standards in Regulatory
Submissions Reviewed in the Center for Biologics Evaluation and
Research; Draft Guidance for Industry and Food and Drug Administration
Staff.'' The Federal Government's policies on the use of standards
developed by voluntary consensus standard bodies are described in the
Office of Management and Budget Circular A-119, ``Federal Participation
in the Development and Use of Voluntary Consensus Standards and in
Conformity Assessment Activities.'' The policies outlined in Circular
A-119 were codified in the National Technology Transfer and Advancement
Act of 1995 (NTTAA). The NTTAA authorizes the National Institute of
Standards and Technology to coordinate standards activities for Federal
Agencies.
    CBER recognizes the value of standards and encourages the use of
appropriate standards in the development of CBER-regulated medical
products. Sponsors' use of standards can facilitate product development
and a more efficient evaluation of regulatory submissions. The draft
guidance describes CBER's recommendations on the use of standards in
product development and the use of such standards in CBER's managed
review process. It describes how standards are developed, the benefits
of using standards, and CBER's policy on accepting standards used in
regulatory submissions. CBER's use of, and CBER's acceptance of
sponsors' use of, voluntary consensus standards do not constitute a
delegation of CBER's regulatory responsibilities. Whether or not
standards are used, CBER retains the ability to set, and the
responsibility for setting, appropriate regulatory criteria for CBER-
regulated products.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on standards
development and the use of standards in regulatory submissions reviewed
in CBER. It does not establish any rights for any person and is not
binding on FDA or the public. You can use an alternative approach if it
satisfies the requirements of the applicable statutes and regulations.
This guidance is not subject to Executive Order 12866.

II. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at either https://www.fda.gov/BiologicsBloodVaccines/
GuidanceComplianceRegulatoryInformation/Guidances/

default.htm or https://www.regulations.gov.

    Dated: December 14, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-27275 Filed 12-18-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Rules and Regulations]
[Pages 15930-15933]
[FR Doc No: 2020-05709]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0602; Product Identifier 2019-NM-016-AD; Amendment
39-19874; AD 2020-05-24]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2010-26-
01, which applied to certain The Boeing Company Model 777-200 series
airplanes. AD 2010-26-01 required installing a new insulation blanket
on the latch beam firewall of each thrust reverser (T/R) half. This AD
requires retaining the requirements of 2010-26-01. This AD also adds
airplanes to the applicability. For those airplanes, this AD requires
an inspection to determine if the installed T/R has an affected part
number and, if an affected part number is found, installation of a new
insulation blanket. This AD was prompted by a report of an in-flight
shutdown due to an engine fire indication and a determination that
additional airplanes are affected. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective April 24, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 24,
2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
January 20, 2011 (75 FR 78594, December 16, 2010).

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0602.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.govby searching for and locating Docket No. FAA-2019-
0602; 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, the regulatory evaluation, 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: James Laubaugh, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2010-26-01, Amendment 39-16540 (75 FR
78594, December 16, 2010) (``AD 2010-26-01''). AD 2010-26-01 applied to
certain Model 777-200 series airplanes. The NPRM published in the
Federal Register on August 9, 2019 (84 FR 39241). The NPRM was prompted
by a report of an in-flight shutdown due to an engine fire indication;
an under-cowl engine fire was extinguished after landing. The NPRM was
also prompted by a determination that additional airplanes are
affected. The NPRM proposed to continue to require installing a new
insulation blanket on the latch beam firewall of each T/R half. The
NPRM also proposed to add airplanes to the applicability. For those
airplanes, the NPRM proposed to require an inspection to determine if
the installed T/R has an affected part number and, if an affected part
number is found, installation of a new insulation blanket. The FAA is
issuing this AD to address the potential for a fire from entering the
cowl or strut area, which could weaken T/R parts and result in reduced
structural integrity of the T/R, possible separation of T/R parts
during flight, and consequent damage to the airplane, injury to people,
and damage to property on the ground.

Comments

    The FAA gave the public the opportunity to participate in
developing this AD. The following presents the comments received on the
NPRM and the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) and United
Airlines stated their support for the NPRM.

Request To Revise the Cost of Compliance

    Boeing requested that the FAA revise the Cost of Compliance
paragraph in the NPRM. Boeing stated that the proposed AD would affect
4 additional airplanes for a total of 29 airplanes of U.S. registry.
Boeing stated that the 4 additional airplanes are equipped with Model
GE 90-90B engines with line numbers greater than 413 and are therefore
not identified in Boeing Alert Service Bulletin 777-78A0066, Revision
2, dated April 8, 2010, and not affected by AD 2010-26-01.
    The FAA concurs with the request and has revised the Cost of
Compliance paragraph of this final rule to include 29 airplanes of U.S.
registry. The four additional airplanes are Model 777-200 series with
the specified engines already included in the applicability of the
proposed AD. Although the effectivity of Boeing Alert Service Bulletin
777-78A0066, Revision 2, dated April 8, 2010, does not include those
four additional airplanes, the FAA determined that the actions in that
service information are applicable to the additional airplanes.

Request To Revise the Applicability

    Boeing requested that the applicability paragraph in the proposed
AD also include Model 777-200 series airplanes equipped with General
Electric Company (GE) GE90-92B engines. Boeing stated that there are
two

airplanes equipped with GE90-92B engines that are affected by AD 2010-
26-01 and are not included in the applicability of the proposed AD.
    The FAA disagrees with the commenter's request. The FAA has
investigated the circumstances surrounding the comment and determined
that the Model GE90-92B engine is not identified on the existing U.S.
type certificate data sheet (TCDS). At the engine manufacturer's
request, the Model GE90-92B engine was removed from the Engine TCDS No.
E00049EN at Revision 8, dated October 12, 2000. The FAA has also
confirmed with the engine manufacturer that there are no Model GE90-92B
engines in service or certified for installation on Boeing Model 777
airplanes, as specified in Airplane TCDS No. T00001SE, Revision 43,
dated August 28, 2019. The FAA has not changed this AD in this regard.

Request To Clarify T/R Interchangeability

    Boeing requested that the FAA revise the section ``Actions Since AD
2010-26-01 Was Issued'' of the NPRM to state that the installation of a
T/R specified in AD 2010-26-01 onto an airplane outside of the
applicability of that AD is possible, but it is not allowed. Boeing
commented that the interchangeability of the T/Rs delivered on Model
777-200 series airplanes equipped with GE90-76B, -85B, -90B, -92B, or -
94B engines is controlled by the ``released engineering'' that defines
the type design, which includes the 315W1295 Interchangeability
Drawings (Sheets 1-9). Boeing also commented that there is a one-way
interchangeability restriction that does not allow the earlier,
affected T/Rs specified in AD 2010-26-01 to be installed on an airplane
that is not subject to that AD.
    The FAA partially agrees. The FAA agrees that the T/R configuration
referenced in AD 2010-26-01 is not part of the manufacturer's type
design, based on the drawings the manufacturer provided. However, the
FAA disagrees with adding a clarification statement about the
manufacturer's type design to this AD because it is not relevant to the
purpose of this AD. The purpose of the AD is to address the safety
concern in the design of those parts. The manufacturer's type design
does not preclude an owner or operator from installing the affected
parts. The FAA has not changed this AD in this regard.

Request for Clarification of the Inspection

    Japan Airlines (JAL) requested clarification of the inspection in
paragraph (h) of the proposed AD. JAL asked whether it is acceptable to
determine the T/R part number with the airplane delivery document from
Boeing if the following conditions are met: the T/R has never been
replaced since the airplane delivery from Boeing; and no modification
requiring change of the part number has been done on the T/R.
    The FAA agrees to provide clarification. The FAA expects that the
inspection will contain a thorough review of all relevant airplane
configuration documentation and it is possible documentation alone may
be used to show compliance with this requirement. The principal
maintenance inspector responsible for accepting the documentation will
determine the adequacy of the supplied documentation in showing if the
affected parts are in service. The FAA has not revised this AD in this
regard.

Request for Collaboration To Address Rotable Parts

    Boeing requested that the FAA and Boeing collaborate with its
airline partners, other original equipment manufacturers, and the
national Civil Aviation Authorities (CAA) to develop an action to
implement safe, fair, and consistent policy to address concerns on
rotable parts for the industry. Boeing stated that it acknowledges
there is a difference between the Boeing service information and the
FAA's rulemaking in capturing the airplane effectivity. Boeing
commented that there may be some instances where operators are rotating
parts outside of type design, beyond effectivity limits or having T/Rs
installed onto airplane configurations in which service information and
design changes have already been incorporated. Boeing stated it
understands the FAA's concerns with the possibility of parts being
rotated outside the effectivity contained in the Boeing service
information and would like to seek an alternative solution to address
these concerns.
    The FAA supports the commenter's proposal to address rotable parts
under the collaborative efforts of the FAA, other civil aviation
authorities, airplane manufacturers, and airplane operators. Any future
collaborative efforts to address rotable parts will be coordinated
outside of this AD. The FAA has not changed this AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this AD 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

    The FAA reviewed Boeing Service Bulletin 777-78A0066, Revision 3,
dated April 28, 2011. This service information describes procedures for
installing a new insulation blanket on the latch beam firewall of each
T/R half. The installation includes, for certain airplanes, inspecting
to determine if fitting part number 315W1436-4 is installed on the aft
latch beam of the right side T/R and, for affected fittings, cutting
the clevis from the affected fitting.
    This AD would also require Boeing Alert Service Bulletin 777-
78A0066, Revision 2, dated April 8, 2010, which the Director of the
Federal Register approved for incorporation by reference as of January
20, 2011 (75 FR 78594, December 16, 2010).
    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 29 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per  product       operators
----------------------------------------------------------------------------------------------------------------
Blanket installation (retained    7 work-hours x $85  Up to $5,253......  Up to $5,848......  Up to $122,808.
 actions from AD 2010-26-01) (21   per hour = $595.
 airplanes).

Inspection and blanket            Up to 13            Up to $7,529......  Up to $8,634......  Up to $69,072.
 installation (new proposed        work[dash]hours x
 action) (8 airplanes).            $85 per hour = Up
                                   to $1,105.
----------------------------------------------------------------------------------------------------------------

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 has determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify 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 removing Airworthiness Directive (AD)
2010-26-01, Amendment 39-16540 (75 FR 78594, December 16, 2010), and
adding the following new AD:

2020-05-24 The Boeing Company: Amendment 39-19874; Docket No. FAA-
2019-0602; Product Identifier 2019-NM-016-AD.

(a) Effective Date

    This AD is effective April 24, 2020.

(b) Affected ADs

    This AD replaces AD 2010-26-01, Amendment 39-16540 (75 FR 78594,
December 16, 2010) (``AD 2010-26-01'').

(c) Applicability

    This AD applies to The Boeing Company Model 777-200 series
airplanes, certificated in any category, equipped with General
Electric Company (GE) GE90-76B, -85B, -90B, or -94B engines.

(d) Subject

    Air Transport Association (ATA) of America Code 78, Engine
exhaust.

(e) Unsafe Condition

    This AD was prompted by a report of an in-flight shutdown due to
an engine fire indication; an under-cowl engine fire was
extinguished after landing. This AD was also prompted by a
determination that additional airplanes are affected. The FAA is
issuing this AD to address the potential for a fire from entering
the cowl or strut area, which could weaken thrust reverser (T/R)
parts and result in reduced structural integrity of the T/R,
possible separation of T/R parts during flight, and consequent
damage to the airplane, injury to people, and damage to property on
the ground.

(f) Compliance

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

(g) Retained Installation of Insulation Blanket, with Revised Service
Information

    This paragraph restates the requirements of paragraph (g) of AD
2010-26-01, with revised service information. For airplanes
identified in Boeing Alert Service Bulletin 777-78A0066, Revision 2,
dated April 8, 2010: Within 60 months or 4,500 flight cycles after
January 20, 2011 (the effective date of AD 2010-26-01), whichever is
first, install a new insulation blanket on the latch beam firewall
of each T/R half by doing all the applicable actions specified in
the Accomplishment Instructions of Boeing Service Bulletin 777-
78A0066, Revision 3, dated April 28, 2011.

(h) New Requirement: Installation of Insulation Blanket for Additional
Airplanes

    For airplanes not identified in paragraph (g) of this AD: Within
60 months or 4,500 flight cycles after the effective date of this
AD, whichever is first, inspect to determine if the installed T/R
has any affected part number as identified in paragraphs (h)(1)
through (5) of this AD. If an affected T/R is found or if it cannot
be determined which T/R is installed, within 60 months or 4,500
flight cycles after the effective date of this AD, whichever is
first, install a new insulation blanket on the latch beam firewall
of each T/R half by doing all the applicable actions specified in
the Accomplishment Instructions of Boeing Service Bulletin 777-
78A0066, Revision 3, dated April 28, 2011, except as specified in
paragraph (i) of this AD. A review of airplane maintenance records
is acceptable in lieu of this inspection if it can be conclusively
determined from that review that the installed T/R is not an
affected T/R. A review of airplane maintenance records is also
acceptable in lieu of this inspection if it can be conclusively
determined from that review that an affected T/R is installed and
the actions specified in Boeing Service Bulletin 777-78A0066,
Revision 3, dated April 28, 2011, have already been done on that T/
R.
    (1) 315W1001-XX (all--where ``XX'' is any combination of numbers
and letters that follow the dash).
    (2) 315W1295-1 through 315W1295-222 inclusive.
    (3) 315W1295-5001 through 315W1295-5222 inclusive.
    (4) 315W1295-5501 through 315W1295-5722 inclusive.
    (5) 315W1295-6101 through 315W1295-6322 inclusive.

(i) Exceptions to Service Information Specification

    (1) Boeing Service Bulletin 777-78A0066, Revision 3, dated April
28, 2011, defines Group 1 as ``all 777-200 airplanes with GE90
engines through line number 413 with a forward insulation blanket'';
however, for paragraph (h) of this AD, Group 1 is defined as ``all
777-200 airplanes with GE90 engines with a forward insulation
blanket.''
    (2) Boeing Service Bulletin 777-78A0066, Revision 3, dated April
28, 2011, defines

Group 2 as ``all 777-200 airplanes with GE90 engines through line
number 413 without a forward insulation blanket''; however, for
paragraph (h) of this AD, Group 2 is defined as ``all 777-200
airplanes with GE90 engines without a forward insulation blanket.''
    (3) Boeing Service Bulletin 777-78A0066, Revision 3, dated April
28, 2011, defines Group 2 Configuration 1 as ``all 777-200 airplanes
with GE90 engines through line number 413 without a forward
insulation blanket and without the fitting assembly at the aft
insulation blanket location''; however, for paragraph (h) of this
AD, Group 2 Configuration 1 is defined as ``all 777-200 airplanes
with GE90 engines without a forward insulation blanket and without
the fitting assembly at the aft insulation blanket location.''
    (4) Boeing Service Bulletin 777-78A0066, Revision 3, dated April
28, 2011, defines Group 2 Configuration 2 as ``all 777-200 airplanes
with GE90 engines through line number 413 without a forward
insulation blanket and with the fitting assembly at the aft
insulation blanket location''; however, for paragraph (h) of this
AD, Group 2 Configuration 2 is defined as ``all 777-200 airplanes
with GE90 engines without a forward insulation blanket and with the
fitting assembly at the aft insulation blanket location.''

(j) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using one of the service
bulletins specified in paragraphs (j)(1) through (3) of this AD.
    (1) Boeing Alert Service Bulletin 777-78A0066, dated June 5,
2008.
    (2) Boeing Service Bulletin 777-78A0066, Revision 1, dated March
12, 2009.
    (3) Boeing Alert Service Bulletin 777-78A0066, Revision 2, dated
April 8, 2010.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 the attention of the
person identified in paragraph (l)(1) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously for AD 2010-26-01 are approved as
AMOCs for the corresponding provisions of paragraph (g) of this AD.

(l) Related Information

    (1) For more information about this AD, contact James Laubaugh,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3622; email<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (m)(5) and (6) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
April 24, 2020.
    (i) Boeing Service Bulletin 777-78A0066, Revision 3, dated April
28, 2011.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
January 20, 2011 (75 FR 78594, December 16, 2010).
    (i) Boeing Alert Service Bulletin 777-78A0066, Revision 2, dated
April 8, 2010.
    (ii) [Reserved]
    (5) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>.
    (6) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-05709 Filed 3-19-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 88 (Monday, May 7, 2012)]
[Notices]
[Pages 26811-26812]
[FR Doc No: 2012-10880]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66891; File No. SR-BATS-2012-016]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Modify
Exchange Rule 11.9 and Rule 21.1 To Allow Optional Attribution of
Orders

May 1, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 25, 2012, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange is filing with the Commission a proposal to amend Rule
11.9, entitled ``Orders and Modifiers'' and Rule 21.1, entitled
``Definitions'', to allow optional attribution of orders submitted to
the Exchange in Exchange data feeds.
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 parts of such
statements.

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

1. Purpose
    The purpose of this filing is to allow Users to optionally enter
orders into the Exchange's systems that will be displayed in Exchange
data feeds with such User's market participant identifiers or
``MPIDs''. Specifically, the Exchange proposes to amend Rule 11.9,
which is applicable to the Exchange's equities platform (``BATS
Equities'') to add a definition of an Attributable Order, which shall
mean an order that is designated for display (price and size) including
the User's MPID. The Exchange also proposes to adopt a definition in
Rule 11.9 for a Non-Attributable Order, which shall mean an order that
is designated for display (price and size) on an anonymous basis by the
Exchange. Similarly, the Exchange propose to amend Rule 21.1, which is
applicable to the Exchange's equity options platform (``BATS Options'')
to add a definition of an Attributable Order, shall mean an order that
is designated for display (price and size) next to the User's MPID. The
Exchange also proposes to adopt a definition in Rule 21.1 for a Non-
Attributable Order, which shall mean an order that is designated for
display (price and size) on an anonymous basis by the Exchange. The
proposed definitions of Attributable Order and Non-Attributable Order
are virtually identical between BATS Equities and BATS Options, and are
also substantively identical to definitions contained in the Rules of
The NASDAQ Stock Market LLC (``Nasdaq'') and the Nasdaq Options Market
(``NOM''), respectively, as described in further detail below.
    All display-eligible orders entered into BATS Equities and BATS
Options are currently displayed by the Exchange on an anonymous basis
without attribution to the entering User. The Exchange is proposing to
allow Users to utilize Attributable Orders to include their MPID on
published quotations in the Exchange's data feeds. The Exchange
believes that such display is consistent with traditional market making
on the floor of an exchange as well as existing rules of the Exchange's
competitors.\3\ The addition of Attributable Orders will allow a party
engaged in market making to identify itself as the party willing to buy
or sell securities on the Exchange.
---------------------------------------------------------------------------

    \3\ See Nasdaq Rule 4751(e)(1) and (2) and NOM Chapter VI,
Section (1)(d)(1) and (2); see also NYSE Arca Options Rule 6.62(x).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\4\ In particular, the
proposal is consistent with Section 6(b)(5) of the Act,\5\ because it
would promote just and equitable principles of trade, remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system. The Exchange believes that the proposal
will benefit market participants and help to promote transparency by
providing additional information regarding quotations displayed on the
Exchange. Specifically, any User that wishes to publicly disclose their
identity when quoting on the Exchange will be permitted to do so, and
such attributed quotations will be analogous to the quotations they
provide in other contexts (e.g., on the floor of a floor-based stock
exchange or in the over-the-counter market through direct interaction).
The proposal also promotes transparency in that other Users will be
able to see with whom they are interacting when trading against
displayed, attributed orders.
---------------------------------------------------------------------------

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

    The proposed rule change is also consistent with Section 11A(a)(1)
of the Act \6\ in that it seeks to assure fair competition among
brokers and dealers by providing functionality that is

consistent with that of functionality offered by the Exchange's
competitors.\7\ The Exchange believes that the proposed rule change
promotes just and equitable principles of trade in that it promotes
transparency and uniformity across markets concerning the ability to
display an attributed order on an exchange.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78k-1(a)(1).
    \7\ See supra note 4.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Exchange believes that the proposed rule change is
consistent with the protection of investors and the public interest
because it would permit the Exchange to immediately implement the
proposed rule change that would allow the Exchange to compete with
other exchanges that offer a similar optional attribution of quotations
functionality.\10\ The Exchange represented that the proposed rule is
substantially similar to and based on rules of other exchanges and that
the waiver of the 30-day operative delay would help ensure uniformity
across market centers concerning the display of attributed quotations.
Further, the Exchange believes that because the attribution
functionality is optional, there will be no need for a phased
implementation as Users that do not wish to avail themselves of the
options functionality would not have to make any systems changes. The
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
Such waiver would allow the Exchange to offer a functionality to market
participants that is substantially similar other exchanges without
delay. The Commission notes that the proposed rule change is based on
and similar to NASDAQ Rule 4751(e)(1) and (2).\11\ Additionally, the
Commission notes that this attribution functionality is optional.
Therefore, the Commission designates the proposal operative upon
filing.\12\
---------------------------------------------------------------------------

    \10\ See SR-BATS-2012-016, Item 7.
    \11\ See supra note 3.
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2012-016 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2012-016. 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 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 publicly available. All
submissions should refer to File Number SR-BATS-2012-016 and should be
submitted on or before May 29, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-10880 Filed 5-4-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Notices]
[Pages 4965-4966]
[FR Doc No: 2011-1726]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63747; File No. SR-NYSEArca-2011-03]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Adopting Standards
for Market Maker Electronic Quotes That Are Present During an Opening
Auction

January 20, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on January 13, 2011, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 adopt standards for Market Maker
electronic quotes that are present during an opening auction. The text
of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and http://www.nyse.com.

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

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

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

1. Purpose
    The purpose of this filing is to adopt rules governing quote widths
for Market Maker electronic quotes that are present during an opening
auction, based on a provision of the Rules of NASDAQ OMX PHLX
(``Phlx''), by revising the Obligations of Market Makers--OX in Rule
6.37A.
    Currently, the only restriction on quote widths for NYSE Arca
Market Maker electronic quotes is that they be no more than $5 wide.
The Exchange has found that the absence of more narrow quotes during an
opening auction has prevented series from opening promptly and is
unnecessarily delaying the execution of orders.
    The Exchange proposes to adopt a provision based on Phlx Rule
1014(c)(i)(A)(2)(a). The Phlx rule sets the maximum bid/ask
differential for electronic quotes at $5, but also requires electronic
quotes that are submitted during an opening rotation to have a bid/ask
differential that is consistent with the quote width requirements for
open outcry trading. NYSE Arca intends to modify the requirements of
NYSE Arca Rule 6.37A(b) to apply the open outcry quote widths in NYSE
Arca Rule 6.37(b)(1) to electronic quotes submitted for possible
participation in a Trading Auction as defined in Rule 6.64.\3\
---------------------------------------------------------------------------

    \3\ While our proposed rule text is not exactly identical to
Phlx Rule 1014(c)(i)(A)(2)(a), the intent and impact of the rule is
the same--namely, to provide for narrower quotes during an opening
auction, which in turn helps facilitate a prompt and efficient
opening. As discussed below, we believe that this proposed rule
change qualifies for immediate effectiveness as a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4. 17
CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    Specifically, the Exchange proposes that an electronic quote that
is submitted for possible participation in an opening auction must have
a bid/ask differential of no more than:
    (A) .25 between the bid and the offer for each option contract for
which the bid is less than $2,
    (B) no more than .40 where the bid is $2 or more but does not
exceed $5,
    (C) no more than .50 where the bid is more than $5 but does not
exceed $10,
    (D) no more than .80 where the bid is more than $10 but does not
exceed $20, and
    (E) no more than $1 when the last bid is $20.10 or more.
    These differentials are common in the options industry,\4\ and are
often referred to as ``legal width''.
---------------------------------------------------------------------------

    \4\ See e.g., Boston Options Exchange Rule Chapter VI Sec.
5(a)(vii), International Securities Exchange Rule 803(b)(4), NASDAQ
OMX PHLX Rule 1014(c)(i)(A)(1)(a).
---------------------------------------------------------------------------

    As is currently the case, different bid/ask differentials would be
permitted to be established, but only with the approval of at least two
Trading Officials.
    The Exchange believes that setting a narrower differential for
opening auction quotes will expedite the opening of all options series
on the Exchange promptly after the opening of the underlying security.
    NYSE Arca will implement this rule change upon notification to OTP
Holders through the issuance of a Regulatory Bulletin.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) \5\ of the Securities Exchange Act of 1934 (the ``Act''),
in general, and furthers the objectives of Section 6(b)(5) \6\ in
particular in that it is designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and to perfect the mechanism for a free and open
market and a national market system and, in general, to protect
investors and the public interest, by expediting the opening auction
process and the execution of Customer orders submitted for the opening.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

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

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(6)(iii)
thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has fulfilled this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2011-03 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2011-03. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549-1090, 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.\9\ All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEArca-2011-03 and should be submitted on or before February 17,
2011.
---------------------------------------------------------------------------

    \9\ The text of the proposed rule change is available on the
Commission's Web site at http://www.sec.gov.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-1726 Filed 1-26-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 24 (Tuesday, February 5, 2019)]
[Notices]
[Pages 1724-1725]
[FR Doc No: 2019-00959]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP19-351-001.
    Applicants: Tennessee Gas Pipeline Company, L.L.C
    Description: Compliance filing Petition for an Extension Amendment
to File FERC Form 501-G.
    Filed Date: 1/28/19.
    Accession Number: 20190128-5057.
    Comments Due: 12 p.m. ET 2/1/19.

    Docket Numbers: RP19-580-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: NCF Agreement Cleanup to
Remove ConEd 510371 to be effective 2/28/2019.

    Filed Date: 1/28/19.
    Accession Number: 20190128-5033.
    Comments Due: 5 p.m. ET 2/11/19.

    Docket Numbers: RP19-581-000.
    Applicants: Rager Mountain Storage Company LLC.
    Description: Compliance filing Order No. 587-Y--Request for
Extension of Time.
    Filed Date: 1/28/19.
    Accession Number: 20190128-5044.
    Comments Due: 5 p.m. ET 2/11/19.

    Docket Numbers: RP19-582-000.
    Applicants: Equitrans, L.P
    Description: Compliance filing Order No. 587-Y--Request for
Extension of Time.
    Filed Date: 1/28/19.
    Accession Number: 20190128-5053.
    Comments Due: 5 p.m. ET 2/11/19.

    Docket Numbers: RP19-583-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate -Boston Gas
510798 releases eff 2-1-19 to be effective 2/1/2019.
    Filed Date: 1/28/19.
    Accession Number: 20190128-5136.
    Comments Due: 5 p.m. ET 2/11/19.

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

    Dated: January 29, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-00959 Filed 2-4-19; 8:45 am]
 BILLING CODE 6717-01-P