[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Notices]
[Pages 60647-60649]
[FR Doc No: 2017-27467]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82339; File No. SR-NYSEAMER-2017-37]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
NYSE American Rule 8.700E To Add Futures and Swaps on the EURO STOXX 50
Volatility Index to the Financial Instruments That an Issue of Managed
Trust Securities May Hold

December 15, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on December 6, 2017, NYSE American LLC (``Exchange'' or ``NYSE
American'') 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 self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend NYSE American Rule 8.700E to add
EURO STOXX 50 Volatility Index (VSTOXX[supreg]) futures and swaps on
VSTOXX to the financial instruments that an issue of Managed Trust
Securities may hold. The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    NYSE American Rule 8.700E permits the trading of Managed Trust
Securities either by listing or pursuant to unlisted trading privileges
(``UTP'').\3\ The Exchange proposes to amend NYSE American Rule 8.700E
to add futures and swaps on the EURO STOXX 50 Volatility Index
(``VSTOXX'') to the financial instruments in which an issue of Managed
Trust Securities may hold long and/or short positions. (Futures on
VSTOXX are referred to herein as ``Futures Contracts.'')
---------------------------------------------------------------------------

    \3\ The term ``Managed Trust Securities'' as used in the NYSE
American Rules will, unless the context otherwise requires, mean a
security that is registered under the Securities Act of 1933, as
amended (15 U.S.C. 77a), and (i) is issued by a trust (``Trust''),
or any series thereof, that (1) is a commodity pool as defined in
the Commodity Exchange Act and regulations thereunder, is not
registered or required to be registered as an investment company
under the Investment Company Act of 1940, as amended, and is managed
by a commodity pool operator registered with the Commodity Futures
Trading Commission, and (2) holds long and/or short positions in
exchange-traded futures contracts and/or certain currency forward
contracts and/or swaps selected by the Trust's advisor consistent
with the Trust's investment objectives, which will only include
exchange-traded futures contracts involving commodities, commodity
indices, currencies, currency indices, stock indices, fixed income
indices, interest rates and sovereign, private and mortgage or asset
backed debt instruments, and/or forward contracts on specified
currencies, and/or swaps on stock indices, fixed income indices,
commodity indices, commodities, currencies, currency indices, or
interest rates, each as disclosed in the Trust's prospectus as such
may be amended from time to time, and cash and cash equivalents; and
(ii) is issued and redeemed continuously in specified aggregate
amounts at the next applicable net asset value. See NYSE American
Rule 8.700E(c).

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

    The Exchange proposes to amend NYSE American Rule 8.700E(c)(1) to
add Futures Contracts and swaps on VSTOXX to the financial instruments
in which an issue of Managed Trust Securities may hold long and/or
short positions.\4\
---------------------------------------------------------------------------

    \4\ The Commission has approved amendments to NYSE Arca Rule
8.700-E that are substantially identical to those proposed herein.
See Securities Exchange Act Release No. 82066 (November 13, 2017),
82 FR 54434 (November 17, 2017) (SR-NYSEArca-2017-85) (order
approving proposed rule change to amend NYSE Arca Rule 8.700-E and
to list and trade shares of the ProShares European Volatility
Futures ETF).
---------------------------------------------------------------------------

    The VSTOXX is based on EURO STOXX 50 Index (``Index'') real-time
option prices that are listed on the Eurex Exchange (``Eurex'') and are
designed to reflect the market expectations of near-term up to long-
term volatility by measuring the square root of the implied variances
across all options of a given time to expiration.\5\ The Index includes
50 stocks that are among the largest free-float market capitalization
stocks from 11 Eurozone countries.\6\ Futures Contracts are cash
settled and trade between the hours of 7:30 a.m. and 10:30 p.m. Central
European Time (``CET'') (2:30 a.m. and 5:30 p.m. Eastern Time). The
Futures Contract value is 100 Euros per index point of the underlying
and it is traded to two decimal places with a minimum price change of
0.05 points (equivalent to a value of 5 Euros). The daily settlement
price is determined during the closing auction of the respective
Futures Contract. The last trading day and final settlement day is 30
calendar days prior to the third Friday of the expiration month of the
underlying options, which is usually the Wednesday prior to the second
to last Friday of the respective maturity month. Information regarding
the VSTOXX and the Futures Contracts can be found on the STOXX Limited
(``STOXX'') website and the Eurex website, respectively.\7\
---------------------------------------------------------------------------

    \5\ The VSTOXX is a non-investable index that seeks to measure
the volatility of the Index over a future time horizon as implied by
the price of option contracts on the Index available on the Eurex.
The VSTOXX does not measure the actual volatility of the Index. The
Futures Contracts are denominated in Euros and are traded
exclusively on the Eurex.
    \6\ These countries include Austria, Belgium, Finland, France,
Germany, Ireland, Italy, Luxembourg, the Netherlands, Portugal and
Spain.
    \7\ Eurex is a member of the ISG and, as such, the Exchange may
obtain information regarding trading in the Futures Contracts. For a
list of the current members and affiliate members of ISG, see
www.isgportal.com.
---------------------------------------------------------------------------

    STOXX computes the Index on a real-time basis throughout each
trading day, from 8:50 a.m. until 5:30 CET (3:50 a.m. until 12:30 p.m.
Eastern Time). VSTOXX levels will be calculated by STOXX and widely
disseminated by major market data vendors on a real-time basis
throughout each trading day.
    The Exchange believes that the proposed amendment to add Futures
Contracts and swaps on VSTOXX to the financial instruments in which an
issue of Managed Trust Securities may hold long and/or short positions
will provide investors with the ability to better diversify and hedge
their portfolios using an exchange traded security without having to
trade directly in the underlying Futures Contracts, and will facilitate
the listing and trading on the Exchange of additional Managed Trust
Securities that will enhance competition among market participants, to
the benefit of investors and the marketplace.
    The Exchange believes that its surveillance procedures are adequate
to continue to properly monitor the trading of Managed Trust Securities
that hold Futures Contracts and swaps on VSTOXX in all trading sessions
and to deter and detect violations of Exchange rules.
    The Exchange notes that the proposed change is not otherwise
intended to address any other issues and that the Exchange is not aware
of any problems that ETP Holders or issuers would have in complying
with the proposed change.

2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\9\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed change would facilitate the
listing and trading of additional types of Managed Trust Securities,
which would enhance competition among market participants, to the
benefit of investors and the marketplace. The Exchange believes that
the proposed rule change is designed to prevent fraudulent and
manipulative acts and practices because the Managed Trust Securities
would continue to be listed and traded on the Exchange pursuant to the
initial and continued listing criteria in Rule 8.700E. The proposed
amendments to NYSE American Rule 8.700E relating to Managed Trust
Securities are substantially identical to amendments to NYSE Arca Rule
8.700E previously approved by the Commission.\10\
---------------------------------------------------------------------------

    \10\ See note 4, supra.
---------------------------------------------------------------------------

    The Exchange has in place surveillance procedures that are adequate
to properly monitor trading in Managed Trust Securities in all trading
sessions and to deter and detect violations of Exchange rules and
applicable federal securities laws. All Managed Trust Securities traded
pursuant to NYSE American Rule 8.700E are included within the
definition of ``security'' or ``securities'' as such terms are used in
the Exchange rules and, as such, are subject to Exchange rules and
procedures that currently govern the trading of securities on the
Exchange. Trading in the securities will be halted under the conditions
specified in NYSE American Rule 8.700E(e)(2)(D).
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\11\ 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. Instead, the Exchange believes that the
proposed change will encourage competition by enabling additional types
of Managed Trust Securities to be traded on the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\
Because the foregoing proposed rule change does not: (i) Significantly
affect the protection of investors or the public interest, (ii) impose
any significant burden on competition, and (iii) 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 \14\ and Rule 19b-4(f)(6) thereunder.\15\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii), the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. As noted above, the
proposed amendments to NYSE American Rule 8.700E relating to Managed
Trust Securities are substantially identical to amendments to NYSE Arca
Rule 8.700E previously approved by the Commission. The proposal raises
no new or novel issues. Therefore, the Commission designates the
proposed rule change to be operative upon filing.\16\
---------------------------------------------------------------------------

    \16\ 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 protected]. Please include
File Number SR-NYSEAMER-2017-37 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAMER-2017-37. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEAMER-2017-37 and should be submitted
on or before January 11, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Robert W. Errett,
Deputy Secretary.
---------------------------------------------------------------------------

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

[FR Doc. 2017-27467 Filed 12-20-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Notices]
[Pages 7003-7005]
[FR Doc No: 2020-02339]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0045]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of applications for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from six individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before March 9, 2020.

ADDRESSES: You may submit comments identified by the Federal Docket
Operations Docket No. FMCSA-2020-0045 using any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2020-0045. Follow the online
instructions for submitting comments.
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2020-0045), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov/docket?D=FMCSA-2020-0045. Click on the ``Comment Now!'' button and type
your comment into the text box on the following screen. Choose whether
you are submitting your comment as an individual or on behalf of a
third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2020-0045 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting the Docket Operations in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The six individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

    The criteria states that if an individual has had a sudden episode
of a non-epileptic seizure or loss of consciousness of unknown cause
that did not require anti-seizure medication, the decision whether that
person's condition is likely to cause the loss of consciousness or loss
of ability to control a CMV should be made on an individual basis by
the ME in consultation with the treating physician. Before
certification is considered, it is suggested that a 6-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
    In those individual cases where a driver has had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years, may be qualified to operate a
CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a 5-year
period or more.
    As a result of MEs misinterpreting advisory criteria as regulation,
numerous drivers have been prohibited from operating a CMV in
interstate commerce based on the fact that they have had one or more
seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified ME based on
the physical qualification standards and medical best practices.
    On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders,'' (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since that time, the Agency has published additional
notices granting requests from individuals for exemptions from the
regulatory requirement regarding epilepsy found in Sec.  391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure
disorders prohibition in Sec.  391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (78 FR 3069).

III. Qualifications of Applicants

Randall J. Bernath

    Mr. Bernath is a 55 year-old class CB CDL holder in Michigan. He
has a history of seizure disorder and has been seizure free since 1993.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 1995. His physician states that he is
supportive of Mr. Bernath receiving an exemption.

Michael Day

    Mr. Day is a 44 year-old class D driver in Arizona. He has a
history of epilepsy and has been seizure free since 2002. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 1988. His physician states that he is supportive of Mr. Day
receiving an exemption.

Hermie Garrett

    Ms. Garrett is a 34 year-old class D driver in New York. She has a
history of seizure disorder and has been seizure free since 2008. She
takes anti-seizure medication with the dosage and frequency remaining
the same since 2014. Her physician states that he is supportive of Ms.
Garrett receiving an exemption.

Jeb McCulla

    Mr. McCulla is a 34 year-old class E driver in Louisiana. He has a
history of epilepsy and has been seizure free since 2005. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2004. His physician states that he is supportive of Mr.
McCulla receiving an exemption.

Gary D. Olsen

    Mr. Olsen is a 57 year-old class A driver in Minnesota. He has a
history of epilepsy and has been seizure free since 1986. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 1986. His

physician states that he is supportive of Mr. Olsen receiving an
exemption.

John Shainline IV

    Mr. Shainline is a 40 year-old class C driver in Pennsylvania. He
has a history of seizure disorder and has been seizure free since 2002.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2016. His physician states that he is
supportive of Mr. Shainline receiving an exemption.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated under the DATES
section of the notice.

    Issued on: January 30, 2020.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-02339 Filed 2-5-20; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 76 (Wednesday, April 20, 2022)]
[Notices]
[Pages 23687-23690]
[FR Doc No: 2022-08421]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket #FAA-2022-0410]

Notice of Funding Opportunity

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

ACTION: Notice of funding opportunity.

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

SUMMARY: The Department of Transportation (DOT), Federal Aviation
Administration (FAA), announces the opportunity to apply for $20
million in FY 2022 Airport Infrastructure Grant funds for the newly
established FAA Contract Tower (FCT) Competitive Grant Program, made
available under the Infrastructure Investment and Jobs Act of 2021
(IIJA), herein referred to as the Bipartisan Infrastructure Law (BIL).
The purpose of the FCT Competitive Grant Program is to make annual
grants available to eligible airports for airport-owned airport traffic
control tower (ATCT) projects that address the aging infrastructure of
the nation's airports.
    In addition, FCT Competitive Grant Program will align with DOT's
Strategic Framework FY2022-2026 at www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework. The FY
2022 FCT Competitive Grant Program will be implemented, as appropriate
and consistent with law, in alignment with the priorities in the
Executive Order, Implementation of the Infrastructure Investments and
Jobs Act, which are to invest efficiently and equitably, promote the
competitiveness of the U.S. economy, improve job opportunities by
focusing on high labor standards, strengthen infrastructure resilience
to all hazards, including climate change, and to effectively coordinate
with State, local, Tribal, and territorial government partners.

DATES: Airport sponsors that wish to be considered for FY 2022 FCT
Competitive Grant Program funding should submit an application that
meets the requirements of this NOFO as soon as possible, but no later
than 5:00 p.m. Eastern time, May 16, 2022. Submit applications
electronically at https://www.faa.gov/bil/airport-infrastructure/fct
per instructions in this NOFO.

FOR FURTHER INFORMATION CONTACT: Robin K. Hunt, BIL Implementation
Team, FAA Office of Airports, at<PHONE_NUMBER> or our FAA BIL email
address: [email protected].

SUPPLEMENTARY INFORMATION:

A. Program Description

    BIL established the FCT Competitive Grant Program, which provides
$20 million in grant funding annually for five years (Fiscal Years
2022-2026) to sustain, construct, repair, improve, rehabilitate,
modernize, replace, or relocated nonapproach control towers; acquire
and install air traffic control, communications, and related equipment
to be used in those towers; and construct a remote tower certified by
the FAA including acquisition and installation of air traffic control,
communications, or related equipment. This program also supports the
President's goals to mobilize American ingenuity to build modern
infrastructure and an equitable, clean energy future. In support of
Executive Order 13985, Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government (86 FR 7009),
the FAA encourages applicants to consider how the project will address
the challenges faced by individuals in underserved communities and
rural areas.
    The FCT Competitive Grant Program falls under the project grant
authority for the Airport Improvement Program (AIP) in 49 United States
Code (U.S.C.) Sec.  47104. Per 2 Code of Federal Regulations (CFR) Part
200--Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards the AIP Federal Assistance Listings
Number is 20.106, with the objective to assist eligible airports in the
development and improvement of a nationwide system that adequately
meets the needs of civil aeronautics. The FY 2022 FCT Competitive Grant
Program will be implemented, as appropriate and consistent with BIL, in
alignment with the priorities in Executive Order 14052, Implementation
of the Infrastructure Investments and Jobs Act (86 FR 64355), which are
to invest efficiently and equitably, promote the competitiveness of the
U.S. economy, improve opportunities for good-paying jobs with the free
and fair choice to join a union by focusing on high labor standards,
strengthen infrastructure resilience to all hazards, including climate
change, and to effectively coordinate with State, local, Tribal, and
territorial government partners.
    Consistent with statutory criteria and Executive Order 14008,
Tackling the Climate Crisis at Home and Abroad (86 FR 7619), the FAA
also seeks to fund projects under the FCT Competitive Grant Program
that reduce greenhouse gas emissions and are designed with specific
elements to address climate change impacts. Specifically, the FAA is
looking to award projects that align with the President's greenhouse
gas reduction goals, promote energy efficiency, support fiscally
responsible land use and transportation efficient design, support
development compatible with the use of sustainable aviation fuels and
technologies, increase climate resilience, incorporate sustainable
pavement and construction materials as allowable, and reduce pollution.

B. Federal Award Information

    The FCT Competitive Grant Program is a $100 million grant program,
distributed as $20 million annually for five years (Fiscal Years 2022,
2023, 2024, 2025, and 2026). The FAA will consider projects at airport-
owned Airport Traffic Control Tower (ATCT) that sustain, construct,
repair, improve, rehabilitate, modernize, replace, or relocated
nonapproach control towers; acquire and install air traffic control,
communications, and related equipment to be used in those towers; or
construct a remote tower certified by the FAA including acquisition and
installation of air traffic control, communications, or related
equipment. To date, the FAA has no certified Remote Towers. The FAA is
currently evaluating this technology to assess its suitability for use
in the National Airspace System (NAS). In addition, these projects will
also be evaluated based on overall impact on the NAS including age of
facility, operational constraints, nonstandard facilities, or new FCT
entrant requirements. This also includes applicable Executive Orders as
listed in Section E.2.
    The FAA will publish a NOFO annually to announce additional funding
made available, $20 million per year, for Fiscal Years 2023-2026.

C. Eligibility Information

1. Eligible Applicants

    Eligible applicants are those airport sponsors approved in the
FAA's contract tower program or contract tower cost share program as
defined in 49 U.S.C. 47124, and normally eligible for Airport
Improvement Program (AIP) discretionary grants as defined in 49 U.S.C.
47115. This includes a public agency, private entity, and State agency,
Indian Tribe or Pueblo owning a public-use National Plan of Integrated
Airport System (NPIAS) airport, the Secretary of the Interior for
Midway Island Airport, the Republic of the Marshall Islands, Federated
States of Micronesia, and Republic of Palau.

2. Cost Sharing or Matching

    The Federal cost share of the FCT Competitive Grant Program is 100
percent for all airports eligible to receive grants.

3. Project Eligibility

    All projects funded from the FCT Competitive Grant Program must be:
    i. Airport-owned ATCT projects that sustain, construct, repair,
improve, rehabilitate, modernize, replace, or relocated nonapproach
control towers;
    ii. Projects that acquire and install air traffic control,
communications, and related equipment to be used in those towers; or
    iii. Projects to construct a remote tower \1\ certified by the FAA
including acquisition and installation of air traffic control,
communications, or related equipment.
---------------------------------------------------------------------------

    \1\ To date, the FAA has no certified Remote Towers. The FAA is
currently evaluating this technology to assess its suitability for
use in the National Airspace System (NAS). Remote Tower information
is located at www.faa.gov/airports/planning_capacity/non_federal/remote_tower_systems/.
---------------------------------------------------------------------------

D. Application and Submission Information

1. Address To Request Application Package

    An application for FCT Competitive Grant Program projects, FAA Form
5100-144, Bipartisan Infrastructure Law, Airport Terminal and Tower
Project Information, can be found at: https://www.faa.gov/bil/airport-infrastructure/fct.
    Direct all inquiries regarding applications to the appropriate
Regional Office (RO) or Airports District Office (ADO) (RO/ADO contact
information is available at https://www.faa.gov/about/office_org/headquarters_offices/arp/offices/regional_offices) or to the BIL Team
at: [email protected].

2. Content and Form of Application Submission

    Applicants will be required to submit information contained in FAA
Form 5100-144, Bipartisan Infrastructure Law, Airport Terminal and
Tower Project Information. This form is provided to assist airports in
completing the submission requirements established in this NOFO.
Application instructions and the form can be found at: https://www.faa.gov/bil/airport-infrastructure/fct.
    All applications must be submitted electronically following the
instruction on the form. Once the form is complete, save a copy of the
form electronically to your files for future reference. Next,

scroll to the bottom of the form and press the ``submit'' button. The
form will be automatically emailed to the FAA BIL Team for review and
evaluation, or as a backup, email the form manually to: [email protected].
    Applicants selected to receive an FCT Competitive Grant Program
grant will then be required to follow AIP grant application procedures
prior to award, which include meeting all prerequisites for funding,
and submission of Standard Form SF-424, Application for Federal
Assistance, and FAA Form 5100-100, Application for Development
Projects.
    Airports covered under the FAA's State Block Grant Program or
airports in a channeling act state should coordinate with their
associated state agency on the process for who should submit an
application, via the procedures noted above.

3. Unique Entity Identifier and System for Award Management (SAM)

    Applicants must comply with 2 CFR part 25--Universal Identifier and
System for Award Management. All applicants must have a unique entity
identifier provided by SAM. Additional information about obtaining a
Unique Entity Identifier (UEI) and registration procedures may be found
at the SAM website (currently at http://www.sam.gov). Each applicant is
required to: (1) Be registered in SAM; (2) provide a valid UEI prior to
grant award; and (3) continue to maintain an active SAM registration
with current information at all times during which the applicant has an
active Federal award or an application or plan under consideration by
the FAA. Under the FCT Competitive Grant Program, the UEI and SAM
account must belong to the entity that has the legal authority to apply
for, receive, and execute grants.
    Once awarded, the FAA grant recipient must maintain the currency of
its information in SAM until the grantee submits the final financial
report required under the grant or receives the final payment,
whichever is later. A grant recipient must review and update the
information at least annually after the initial registration and more
frequently if required by changes in information or another award term.
    The FAA may not make an award until the applicant has complied with
all applicable UEI and SAM requirements. If an applicant has not fully
complied with the requirements by the time the FAA is ready to make an
award, the FAA may determine that the applicant is not qualified to
receive an award and use that determination as a basis for giving a
Federal award to another applicant.
    Non-Federal entities that have received a Federal award are
required to report certain civil, criminal, or administrative
proceedings to SAM (currently the Federal Awardee Performance and
Integrity Information System (FAPIIS) www.fapiis.gov) to ensure
registration information is current and complies with Federal
requirements. Applicants should refer to 2 CFR 200.113 for more
information about this requirement.

4. Submission Dates and Times

    Airports that wish to be considered for FY 2022 FCT Competitive
Grant Program funding should submit an application that meets the
requirements of this NOFO as soon as possible, but no later than 5:00
p.m. Eastern time on May 16, 2022. Submit applications electronically
at https://www.faa.gov/bil/airport-infrastructure/fct per instructions
in this NOFO. Airports that submitted projects under the FY 2022
Airport Terminal Program NOFO (87 FR 10890), that meet the eligibility
requirements outlined in C.1., do not need to resubmit under this NOFO.

5. Funding Restrictions

    All projects funded from the FCT Competitive Grant Program must be
at airports approved in the FAA's contract tower program or contract
tower cost share program defined in 49 U.S.C. 47124.
    FCT Competitive Grant Program funds may not be used to support or
oppose union organizing.

E. Application Review Information

1. Criteria

    Applications for FY 2022 FCT Competitive Grant Program will be
rated using the following criteria:
    i. Must meet eligibility requirements under the FCT Competitive
Grant Program outlined under Sections C.1 and C.3 above.
    ii. Timeliness of implementation, with priority given to those
projects that can satisfy all statutory and administrative requirements
for grant award in FY 2022 or early FY2023.
    iii. ATCT projects will be evaluated based on overall impact on the
NAS including age of facility, operational constraints, nonstandard
facilities conditions, or new FCT entrant requirements.
    iv. Priority will be given to projects that advance aviation safety
or enhance air traffic efficiency.
    v. The applicant should describe whether and how project delivery
and implementation creates good-paying jobs with the free and fair
choice to join a union to the greatest extent possible, the use of
demonstrated strong labor standards, practices and policies (including
for direct employees, contractors, and sub-contractors); use of project
labor agreements; distribution of workplace rights notices; the use of
Local Hire Provisions; \2\ registered apprenticeships; or other similar
standards or practices. The applicant should describe how planned
methods of project delivery and implementation (for example, use of
Project Labor Agreements and/or Local Hire Provisions,\3\ training and
placement for underrepresented workers) provide opportunities for all
workers, including workers underrepresented in construction jobs, to be
trained and placed in good-paying jobs directly related to the project.
FAA will consider this information in evaluating the application.
---------------------------------------------------------------------------

    \2\ IIJA div. B Section 25019 provides authority to use
geographical and economic hiring preferences, including local hire,
for construction jobs, subject to any applicable State and local
laws, policies, and procedures.
    \3\ Project labor agreement should be consistent with the
definition and standards outlined in Executive Order 14063.
---------------------------------------------------------------------------

2. Review and Selection Process

    Applications will be evaluated based on the information submitted
related to the above criteria in E.1 to ensure responsiveness to this
NOFO and the intent of the FCT Competitive Grant Program. Federal
awarding agency personnel will evaluate applications based on how well
the projects meet the criteria in E.1, including project eligibility,
justification, and readiness. The FAA will also consider projects that
advance the goals of the following Executive Orders: The President's
January 20, 2021, Executive Order 13990, ``Protecting Public Health and
the Environment and Restoring Science to Tackle the Climate Crisis'';
the President's January 20, 2021, Executive Order 13985, ``Advancing
Racial Equity and Support for Underserved Communities Through the
Federal Government''; the President's January 27, 2021, Executive Order
14008, ``Tackling the Climate Crisis at Home and Abroad''; and the
President's July 9, 2021, Executive Order 14036, ``Promoting
Competition in the American Economy.''

3. Integrity and Performance Check

    Prior to making a Federal award with a total amount of Federal
share greater than the simplified acquisition threshold, FAA is
required to review

and consider any information about the applicant that is in the
designated integrity and performance system accessible through SAM
(currently FAPIIS) (see 41 U.S.C. 2313). An applicant, at its option,
may review information in the designated integrity and performance
systems accessible through SAM and comment on any information about
itself that a Federal awarding agency previously entered. FAA will
consider any comments by the applicant, in addition to the other
information in the designated integrity and performance system, in
making a judgment about the applicant's integrity, business ethics, and
record of performance under Federal awards when completing the review
of risk posed by applicants as described in Sec.  200.206.

F. Federal Award Administration Information

1. Federal Award Notices

    BIL awards are announced through a Congressional notification
process and a DOT Secretary's Notice of Intent to Fund. The FAA RO/ADO
representative will contact the airport with further information and
instructions. Once all pre-grant actions are complete, the FAA RO/ADO
will offer the airport sponsor a grant for the announced project. This
offer may be provided through postal mail or by electronic means. Once
this offer is signed by the airport sponsor, it becomes a grant
agreement. Awards made under this program are subject to conditions and
assurances in the grant agreement.

2. Administrative and National Policy Requirements

i. Pre-Award Authority
    Costs incurred after the enactment of BIL, November 15, 2021, are
eligible for reimbursement under the FCT Competitive Grant Program.
ii. Grant Requirements
    All grant recipients are subject to the grant requirements of the
AIP, found in 49 U.S.C. Chapter 471. Grant recipients are subject to
requirements in the FAA's AIP Grant Agreement for financial assistance
awards; the annual certifications and assurances required of
applicants; and any additional applicable statutory or regulatory
requirements, including nondiscrimination requirements and 2 CFR part
200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. Grant requirements include, but are
not limited to: Approved projects on an airport layout plan; compliance
with Federal civil rights laws; Buy American requirements under 49
U.S.C. 50101; Build America, Buy America requirements in sections
70912(6) and 70914 in Public Law No: 117-58, the Infrastructure
Investment and Jobs Act; the Department of Transportation's
Disadvantaged Business Enterprise (DBE) Program regulations for
airports (49 CFR part 23 and 49 CFR part 26); and prevailing wage rate
requirements under the Davis-Bacon Act, as amended (40 U.S.C. 276a-
276a-5, and reenacted at 40 U.S.C. 3141-3144, 3146, and 3147).
iii. Standard Assurances
    Each grant recipient must assure that it will comply with all
applicable Federal statutes, regulations, executive orders, directives,
FAA circulars, and other Federal administrative requirements in
carrying out any project supported by the grant. The grant recipient
must acknowledge that it is under a continuing obligation to comply
with the terms and conditions of the grant agreement issued for its
project with the FAA. The grant recipient understands that federal
laws, regulations, policies, and administrative practices might be
modified from time to time and may affect the implementation of the
project. The grant recipient must agree that the most recent Federal
requirements will apply to the project unless the FAA issues a written
determination otherwise.
    The grant recipient must submit the certifications at the time of
grant application and assurances must be accepted as part of the grant
agreement at the time of accepting a grant offer. Grant recipients must
also comply with 2 CFR part 200, which is cited in the grant assurances
of the grant agreements. The airport sponsor assurances are available
on the FAA website at: https://www.faa.gov/airports/aip/grant_assurances.

3. Reporting

    Grant recipients are subject to financial reporting per 2 CFR
200.328 and performance reporting per 2 CFR 200.329. Under the FCT
Competitive Grant Program, the grant recipient is required to comply
with all Federal financial reporting requirements and payment
requirements, including the submittal of timely and accurate reports.
Financial and performance reporting requirements are available in the
FAA October 2020 Financial Reporting Policy, which is available at:
https://www.faa.gov/airports/aip/grant_payments/media/aip-grant-payment-policy.pdf.
    The grant recipient must comply with annual audit reporting
requirements. The grant recipient and sub-recipients, if applicable,
must comply with 2 CFR part 200 subpart F Audit Reporting Requirements.
The grant recipient must comply with any requirements outlined in 2 CFR
part 180, Office of Management and Budget (OMB) Guidelines to Agencies
on Government wide Debarment and Suspension.

G. Federal Awarding Agency Contact(s)

    For further information concerning this notice, please contact the
FAA BIL Implementation Team via email at: [email protected]. In
addition, FAA will post answers to frequently asked questions and
requests for clarifications on FAA's website at https://www.faa.gov/bil. To ensure applicants receive accurate information about
eligibility of the program, the applicant is encouraged to contact FAA
directly, rather than through intermediaries or third parties, with
questions.
    All applicants should have a plan to address potential cost
overruns as part of an overall funding plan.

    Issued in Washington, DC, on April 15, 2022.
Robin K. Hunt,
Manager, FAA Office of Airports BIL Implementation Team.
[FR Doc. 2022-08421 Filed 4-19-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015)]
[Notices]
[Page 2703]
[FR Doc No: 2015-00769]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0083; FRL-9920-86--OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Leather Finishing Operations
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NESHAP for Leather Finishing
Operations (40 CFR part 63, subpart TTTT) (Renewal)'' (EPA ICR No.
1985.06, OMB Control No. 2060-0478) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of
the ICR, which is currently approved through January 1, 2015. Public
comments were previously requested via the Federal Register (79 FR
30117) on May 27, 2014 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An Agency may not conduct or sponsor and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before February 19,
2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0083, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, William
Jefferson Clinton West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. The telephone number for the Docket Center is 202-566-
1744. For additional information about EPA's public docket, visit
http://www.epa.gov/dockets.
    Abstract: Owners or operators of leather finishing operations that
are subject to 40 CFR part 63, subpart TTTT are require to provide
initial notifications, performance tests, and periodic reports. They
are also required to maintain records of the occurrence and duration of
any startup, shutdown, or malfunction in the operation of an affected
facility, or any period during which the monitoring system is
inoperative. The required annual reports are used to determine periods
of excess emissions, identify problems at the facility, verify
operation/maintenance procedures and for compliance determinations.
    Form Numbers: None.
    Respondents/affected entities: Owners or operators of leather
finishing operations that are a major source of HAP emissions.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart TTTT).
    Estimated number of respondents: 10 (total).
    Frequency of response: Initially, occasionally and annually.
    Total estimated burden: 334 hours (per year). Burden is defined at
5 CFR 1320.3(b).
    Total estimated cost: $32,651(per year), including no annualized
capital or operation & maintenance costs.
    Changes in the Estimates: There is no change of hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-00769 Filed 1-16-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 116 (Monday, June 21, 2021)]
[Proposed Rules]
[Pages 32366-32369]
[FR Doc No: 2021-12832]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0544, EPA-R05-OAR-2021-0144; FRL-10024-94-Region 5]

Air Plan Approval; Illinois; National Ambient Air Quality
Standards Updates; Reference and Equivalent Methods Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve

several revisions to the Illinois State Implementation Plan (SIP).
First, EPA is proposing to approve amendments to the Illinois SIP that
incorporate by reference EPA's current national ambient air quality
standard (NAAQS) for ozone, particulate matter, lead, nitrogen dioxide,
and sulfur oxides. Second, EPA is proposing to approve revisions to the
Illinois SIP that incorporate by reference current Federal Reference
Methods (FRMs) for monitoring carbon monoxide, ozone, particulate
matter, lead, nitrogen dioxide, and sulfur oxides. Third, EPA is
proposing to approve an amendment to the Illinois SIP that reflects a
recent update to EPA's List of Designated Reference and Equivalent
Methods. Lastly, EPA is also proposing to approve minor revisions and
corrections to the Illinois SIP.

DATES: Comments must be received on or before July 21, 2021.

ADDRESSES: Submit your comments, identified by Docket ID Nos. EPA-R05-
OAR-2020-0544 and EPA-R05-OAR-2021-0144 at http://www.regulations.gov,
or via email to<EMAIL_ADDRESS>For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. For either manner of submission, EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>The EPA Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding Federal holidays and
facility closures due to COVID-19.

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. EPA's Analysis of the SIP Amendments
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On October 20, 2020 and February 16, 2021, the Illinois
Environmental Protection Agency (IEPA) requested that EPA approve
amendments to the Illinois SIP. The following sections of Title 35 of
the Illinois Administrative Code (IAC), Part 243, Subpart A: General
Provisions were amended: 243.101 Definitions, 243.102 Scope, 243.105
Air Quality Monitoring Data Influenced by Exceptional Events, 243.107
Reference Conditions, and 243.108 Incorporations by Reference. The SIP
revisions also amend the following sections of 35 IAC Part 243, Subpart
B: Standards and Measurement Methods: 243.120 PM10 and
PM2.5; 243.122 Sulfur Oxides (Sulfur Dioxide); 243.123
Carbon Monoxide; 243.124 Nitrogen Oxides (Nitrogen Dioxide as
Indicator); and 243.126 Lead.
    The Illinois Pollution Control Board (IPCB) adopted these SIP
amendments in four different state actions. Three of those actions,
R19-14 (July 1, 2018 through December 31, 2018), R20-3 (January 1, 2019
through June 30, 2019), and R20-11 (July 1, 2019 through December 31,
2019), were consolidated into a single docket by IPCB called R19-14/
R20-3/R20-11 (Consolidated) and a proposal of the consolidated
amendments was published in the Illinois Register on June 5, 2020. IPCB
held a public hearing on the consolidated rulemakings on July 16, 2020,
with remote access because of the coronavirus pandemic. A public
comment was received requesting clarification on a potential error in
the proposed amendment, and in response the error was recognized and
corrected by IPCB. A final notice of adopted amendments was published
in the Illinois Register on September 4, 2020 with an effective date of
August 18, 2020.
    The proposed amendments contained in the fourth state action, R21-
1, were published in the Illinois Register on October 2, 2020. IPCB
held a public hearing on R21-1 on November 19, 2020, with remote access
because of the coronavirus pandemic. A public comment was received
requesting to add punctuation to an abbreviation contained in the
amended rules, and the request was responded to and fulfilled by the
IPCB. A final notice of adopted amendments was published in the
Illinois Register on January 4, 2021 with an effective date of December
17, 2020.

II. EPA's Analysis of the SIP Amendments

    Section 10(H) of the Illinois Environmental Protection Act at
Chapter 415 of the Illinois Compiled Statutes directs IPCB to adopt
ambient air quality standards that are identical in substance to the
NAAQS promulgated by EPA. Illinois requested the amendments to 35 IAC
Part 243 be approved into the Illinois SIP to meet this state
requirement. The amendments contained in the October 20, 2020 and
February 16, 2021 submittals update the air quality standards, revise
FRMs, and provide corrections and grammatical revisions that increase
the clarity of the rules.

Amendments to 35 IAC 243.101

    There were several amendments to 35 IAC 243.101 Definitions in the
February 16, 2021 submittal. Under the definitions of ``Exceptional
event'', ``Federal equivalent method'', and ``Federal reference
method'', the word ``which'' has been replaced with ``that''. In all
three cases, the revisions are grammar corrections and do not change
the meaning of the definitions but do help make these definitions
clearer to the reader and therefore are approvable.
    Reference years for Code of Federal Regulations (CFR) citations
have been removed from the definition of ``Federal land manager'',
which is approvable because they do not affect the citations listed,
instead they will reference the most current edition of the CFR. The
definition of ``USEPA'' was revised to replace ``where'' with ``if''
when describing the use of ``USEPA'' in context of quoting EPA using
the word ``Administrator''. These revisions are approvable because they
simply correct grammar or make the definitions clearer.

Amendments to 35 IAC 243.102

    In the February 16, 2021 submittal, paragraph (a) of 35 IAC 243.102
Scope contained amended language to make clearer that both Sections 7.2
and 10(H) of the Illinois Environmental Protection Act apply to 35 IAC
Part 243. The amendment is approvable because the previous wording did
not make clear that both Section 7.2 and Section 10(H) are in Chapter
415 of the Illinois

Compiled Statutes. In the Board Note at the end of this section, a 2012
reference year in a citation to 40 CFR 50.2 was removed. This is an
approvable amendment because it removes a specific edition year and
instead points the reader to the current edition of 40 CFR 50.2.

Amendments to 35 IAC 243.105

    In the Board Note at the end of 35 IAC 243.105 Air Quality
Monitoring Data Influenced by Exceptional Events, a 2012 reference year
in a citation to 40 CFR 50.14 was removed, thereby indicating the
current edition of 40 CFR 50.14. 35 IAC 243.105(a) was revised to
improve the grammar of the description of an exceptional event. An
incorrect spelling of the word ``determination'' was corrected in 35
IAC 243.105(b). The grammar and spelling revisions are approvable
because they improve the clarity of the rules for the reader.

Amendments to 35 IAC 243.107

    35 IAC 243.107 Reference Conditions was amended to correct a
notation of temperature by placing the degree symbol next to the number
of degrees indicated in the rule. This is approvable because it is
simply a correction. The Board Note at the end of this section was
amended to remove a reference year to a citation to 40 CFR 50.3. This
is approvable because it points the reader to the most current edition
of the CFR.

Amendments to 35 IAC 243.108

    In the October 20, 2020 submittal, 35 IAC 243.108 Incorporations by
Reference was amended by removing the specific street address and
outdated telephone number for the Government Printing Office (GPO) in
Washington, DC. An updated telephone number and website have been
added. Since the amendment updates outdated information to make the
rule clear and current, it is acceptable.
    Incorporations by reference for the following appendices to title
40, part 50 of the CFR have been amended in the October 20, 2020
submittal by changing the reference year of 2018 to 2019 in order to
reflect EPA actions taken to sections corresponding to each appendix in
2019. Illinois updated section 243.108 to incorporate by reference
appendices A-1, A-2, B, C, D, F, G, J, K, L, N, O, P, Q, R, S, T, and U
of 40 CFR part 50, to the 2019 edition of the CFR. Because the
amendments simply update the reference year for the incorporation of
the appendices to 2019, which was the latest version of the CFR
available at the time of Illinois' rule adoption, they are approvable.
    In the October 20, 2020 submittal, Illinois also amended the
reference year to 2019 for incorporations by reference to 40 CFR 50
appendices H and I. However, in its subsequent February 16, 2021
submittal Illinois removed these two incorporations by reference.
Removal of these two incorporations by reference is acceptable because
they pertain to the 1979 and 1997 ozone NAAQS, which have been revoked
by EPA and references to these NAAQS have already been removed from the
Illinois SIP (80 FR 28835 and 82 FR 32771). Therefore, removal of
incorporations by reference to 40 CFR 50 appendices H and I from 35 IAC
243.108 from the Illinois SIP is approvable.
    In the October 20, 2020 submittal, the incorporation by reference
of definitions contained in the Clean Air Act (CAA) was incorrectly
amended from 2016 to 2019. The February 16, 2021 submittal corrected
the reference date to 2018 in the state's rule, reflecting the correct
date of the latest CAA edition and Definitions section at 35 IAC
243.101. Those changes are approvable because they make clear the
correct version of the CAA edition as well as the correct state rule
that the definitions incorporated from the CAA apply to within
Illinois' rules (35 IAC 243.101). EPA proposes taking no action on the
October 20, 2020 submittal's amendment of this incorporation by
reference and proposes approval of the February 16, 2021 amendment for
the aforementioned reason.
    In the February 16, 2021 submittal, a link to the GPO website was
amended to reflect the current www.govinfo.gov address, which is
acceptable. As noted in the rule, the latest editions of EPA rules and
methods incorporated by reference in 35 IAC 243.108 can currently be
found at that web address.
    In the October 20, 2020 submittal, the incorporation by reference
of EPA's List of Designated Reference and Equivalent Methods was
incorrectly amended for a reference year of June 15, 2018 to December
15, 2019. The February 16, 2021 submittal subsequently amended the
reference year to June 15, 2020 which is consistent with the most
current revision of the list at the time of the R21-1 final rulemaking.
EPA is taking no action on the October 20, 2020 amendment and proposing
to approve the subsequent February 16, 2021 amendment.

Amendments to 35 IAC 243.120

    In the October 20, 2020 submittal, the Board Note at the end of 35
IAC 243.120 PM10 and PM2.5 \1\ subsection (a) was
amended to remove language referencing the 1997 primary annual
PM2.5 NAAQS. Reference to the 1997 primary annual
PM2.5 NAAQS was removed from 35 IAC 243.120(b).
Additionally, subsection (b)(4), which identified the St. Louis 1997
PM2.5 nonattainment area, was removed. Subsection (c) was
revised to remove language referencing the 2006 primary annual
PM2.5 NAAQS. Additionally, paragraph (c)(4), which
identified the St. Louis 2006 annual PM2.5 nonattainment
area, was removed. The remainder of 35 IAC 243, including references to
the 1997 and 2006 secondary annual PM2.5 NAAQS, was not
revised. The revisions to 35 IAC Part 243 are approvable because they
reflect EPA's revocation of the 1997 annual PM2.5 NAAQS on
August 24, 2016 (81 FR 58010) and the subsequent redesignation of the
Illinois portion of the St. Louis area to attainment of the 1997 annual
PM2.5 NAAQS on December 27, 2018 (83 FR 66631).
---------------------------------------------------------------------------

    \1\ PM10 refers to particles with an aerodynamic
diameter of less than or equal to 10 micrometers. PM2.5
refers to particles with an aerodynamic diameter of less than or
equal to 2.5 micrometers, oftentimes referred to as ``fine''
particles.
---------------------------------------------------------------------------

Revisions to 35 IAC Part 243.122

    In the October 20, 2020 submittal, 35 IAC 243.122 Sulfur Oxides
(Sulfur Dioxide) was revised to remove applicability of the 1971
primary annual average and 24-hour NAAQS for sulfur dioxide
(SO2) for all areas in Illinois except for Macon County
because EPA has yet to promulgate the attainment status of Macon County
(83 FR 1098). This revision is approvable because EPA revoked the 1971
primary annual and 24-hour SO2 NAAQS on June 22, 2010 (75 FR
35520).

Amendments to 35 IAC 243.123, 243.124, and 243.126

    In the October 20, 2020 submittal, Illinois made a minor revision
to 35 IAC 243.123 Carbon Monoxide with a cleanup of language in the
Board Note within the section. Similar revisions were made to the Board
Notes within and at the ends of 35 IAC 243.124 Nitrogen Oxides
(Nitrogen Dioxide as Indicator) and 35 IAC 243.126 Lead. These
revisions condense the language and remove the reference date to a CFR
citation in each section's Board Note. The revisions are approvable
because they make clearer to the reader where the regulatory content of
the sections come from and direct the reader to the most current
edition of the CFR.

III. What action is EPA taking?

    EPA is proposing to approve the October 20, 2020 submittal, except
for 35 IAC 243.108, and the February 16, 2021 submittal, in its
entirety.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the following rules in Part 243 of the Illinois
Administrative Code: Rules 243.120, 243.122, 243.123, 243.124, and
243.126, effective August 18, 2020, and Rules 243.101, 243.102,
243.105, 243.107, and 243.108, effective December 17, 2020, discussed
in section II of this preamble. EPA has made, and will continue to
make, these documents generally available through www.regulations.gov
and at the EPA Region 5 Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 14, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-12832 Filed 6-17-21; 4:15 pm]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 116 (Tuesday, June 16, 2020)]
[Rules and Regulations]
[Pages 36318-36320]
[FR Doc No: 2020-12867]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1081; Product Identifier 2019-NM-153-AD; Amendment
39-19918; AD 2020-11-14]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier, Inc., Model BD-100-1A10 airplanes. This AD was
prompted by reports of the loss of all air data system information
provided to the flightcrew, which was caused by icing at high
altitudes. This AD requires revising the existing airplane flight
manual (AFM) to provide the flightcrew with procedures to stabilize the
airplane's airspeed and attitude. The FAA is issuing this AD to address
the unsafe condition on these products.

DATES: This AD is effective July 21, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 21,
2020.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-866-
538-1247 or direct-dial telephone 1-514-855-2999; email
<EMAIL_ADDRESS>internet https://www.bombardier.com. You
may view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1081.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1081; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Admin Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
516-228-7323; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2019-24, dated July 5,
2019 (referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
certain Bombardier, Inc., Model BD-100-1A10 airplanes. You may examine
the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1081.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Bombardier,
Inc., Model BD-100-1A10 airplanes. The NPRM published in the Federal
Register on January 27, 2020 (85 FR 4614). The NPRM was prompted by
reports of the loss of all air data system information provided to the
flightcrew, which was caused by icing at high altitudes. The NPRM
proposed to require revising the existing airplane flight manual (AFM)
to provide the flightcrew with procedures to stabilize the airplane's
airspeed and attitude. The FAA is issuing this AD to address the loss
of all air data system information provided to the flightcrew. If not
addressed, this condition may adversely affect continued safe flight
and landing. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. Two commenters indicated support for the
NPRM. The following presents the comments received on the NPRM and the
FAA's response to each comment.

Request To Allow Operators To Use Current AFM Revision

    NetJets Inc. requested it be allowed to use Bombardier Challenger
350 Airplane Flight Manual (AFM), Publication No. CH 350 AFM, Revision
24, dated January 15, 2020, for accomplishing the proposed actions. The
proposed AD referred to Revision 22, dated July 8, 2019.
    The FAA acknowledges the commenter's request and provides the
following clarification: This AD requires including the information
that is provided in the referenced AFM revisions in paragraph (g) of
this AD. The language in paragraph (g) of this AD is designed to allow
incorporating the specific information, regardless of the revision
level of the AFM in use, provided the language is identical to the
referenced AFM revisions specified in paragraph (g) of this AD. The
language in the latest AFM revisions is the same. We have 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 final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and

     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information, which
provides a procedure for ``Unreliable Airspeed'' in the Emergency
Procedures section, and also provides a procedure for ``Go-Around'' in
the Normal Procedures section of the applicable AFM. These documents
are distinct since they apply to different airplane models.
     Bombardier Challenger 300 AFM, Publication No. CSP 100-1,
Revision 56, dated July 8, 2019.
     Bombardier Challenger 350 AFM, Publication No. CH 350 AFM,
Revision 22, dated July 8, 2019.
    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 560 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $47,600
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2020-11-14 Bombardier, Inc.: Amendment 39-19918; Docket No. FAA-
2019-1081; Product Identifier 2019-NM-153-AD.

(a) Effective Date

    This AD is effective July 21, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10
airplanes, certificated in any category, serial numbers 20001
through 20688 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by reports of the loss of all air data
system information provided to the flightcrew, which was caused by
icing at high altitudes. The FAA is issuing this AD to address the
loss of all air data system information provided to the flightcrew.
If not addressed, this condition may adversely affect continued safe
flight and landing.

(f) Compliance

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

(g) Revision of the Airplane Flight Manual (AFM)

    Within 30 days after the effective date of this AD: Revise the
Emergency Procedures--Avionics (section 03-17) of the existing AFM
to include the information in the ``Unreliable Airspeed'' procedure
of the applicable AFM specified in figure 1 to paragraph (g) of this
AD, and revise the Normal Procedures--After Take-off (section 04-04)
of the existing AFM to include the information in the ``Go-Around''
procedure of the applicable AFM specified in figure 1 to paragraph
(g) of this AD.

[GRAPHIC] [TIFF OMITTED] TR16JN20.002

(h) Other FAA AD Provisions

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

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2019-24, dated July 5, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2019-1081.
    (2) For more information about this AD, contact Darren Gassetto,
Aerospace Engineer, Mechanical Systems and Admin Services Section,
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Challenger 300 Airplane Flight Manual,
Publication No. CSP 100-1, Revision 56, dated July 8, 2019.
    (ii) Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 22, dated July 8, 2019.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-
866-538-1247 or direct-dial telephone 1-514-855-2999; email
<EMAIL_ADDRESS>internet https://www.bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 5, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-12867 Filed 6-15-20; 8:45 am]
BILLING CODE 4910-13-P