[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46304-46307]
[FR Doc No: 2021-17672]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92655; File No. SR-Phlx-2021-43]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
of Proposed Rule Change To Permit Monday and Wednesday Expirations for
Options Listed Pursuant to the Short Term Option Series Program on the
iShares Russell 2000 ETF (``IWM'')

August 12, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 6, 2021, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to permit Monday and Wednesday expirations
for options listed pursuant to the Short Term Option Series Program on
the iShares Russell 2000 ETF.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, 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 aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend Phlx Options 4, Section 5 at
Supplementary Material .03 to permit Monday and Wednesday expirations
for options listed pursuant to the Short Term Option Series Program
(``Program'') on the iShares Russell 2000 ETF (``IWM'').
    A Short Term Option Series means a series in an option class that
is approved for listing and trading on the Exchange in which the series
is opened for trading on any Monday, Tuesday, Wednesday, Thursday or
Friday that is a business day and that expires on the Monday, Wednesday
or Friday of the next business week, or, in the case of a series that
is listed on a Friday and expires on a Monday, is listed one business
week and one business day prior to that expiration.\3\ The Exchange

proposes to amend Phlx Options 4, Section 5 at Supplementary Material
.03 to permit the listing of options series that expire on Mondays and
Wednesdays in IWM.
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    \3\ Options 1, Section 1(b)(53) provides the term ``Short Term
Option Series'' a series in an option class that is approved for
listing and trading on the Exchange in which the series is opened
for trading on any Monday, Tuesday, Wednesday, Thursday or Friday
that is a business day and that expires on the Monday, Wednesday or
Friday of the next business week, or, in the case of a series that
is listed on a Friday and expires on a Monday, is listed one
business week and one business day prior to that expiration. If a
Tuesday, Wednesday, Thursday or Friday is not a business day, the
series may be opened (or shall expire) on the first business day
immediately prior to that Tuesday, Wednesday, Thursday or Friday,
respectively. For a series listed pursuant to this section for
Monday expiration, if a Monday is not a business day, the series
shall expire on the first business day immediately following that
Monday.
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Monday Expirations
    As proposed, with respect to Monday IWM Expirations within
Supplementary Material .03 to Options 4, Section 5, the Exchange may
open for trading on any Friday or Monday that is a business day series
of options on IWM to expire on any Monday of the month that is a
business day and is not a Monday in which Quarterly Options Series on
the same class expire (``Monday IWM Expirations''), provided that
Monday IWM Expirations that are listed on a Friday must be listed at
least one business week and one business day prior to the expiration.
The Exchange may list up to five consecutive Monday IWM Expirations at
one time; the Exchange may have no more than a total of five Monday IWM
Expirations.
Wednesday Expirations
    As proposed, with respect to Wednesday IWM Expirations within
Supplementary Material .03 to Options 4, Section 5, the Exchange may
open for trading on any Tuesday or Wednesday that is a business day
series of options on IWM to expire on any Wednesday of the month that
is a business day and is not a Wednesday in which Quarterly Options
Series on the same class expire (``Wednesday IWM Expirations''). The
Exchange may list up to five consecutive Wednesday IWM Expirations at
one time; the Exchange may have no more than a total of five Wednesday
IWM Expirations and a total of five Wednesday IWM Expirations will be
subject to the provisions of this Rule.
Monday and Wednesday Expirations
    The interval between strike prices for the proposed Monday and
Wednesday IWM Expirations will be the same as those for the current
Short Term Option Series for Wednesday and Friday expirations
applicable to the Program.\4\ Specifically, the Monday and Wednesday
IWM Expirations will have a $0.50 strike interval minimum.\5\ As is the
case with other equity options series listed pursuant to the Program,
the Monday and Wednesday IWM Expiration series will be P.M.-settled.
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    \4\ See Supplementary Material .03(e) to Options 4, Section 5.
    \5\ Id.
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    Pursuant to Options 1, Section 1(b)(53), with respect to the
Program, if Monday is not a business day the series shall expire on the
first business day immediately following that Monday. This procedure
differs from the expiration date of Wednesday expiration series that
are scheduled to expire on a holiday. Pursuant to Options 1, Section
1(b)(53) a Wednesday expiration series shall expire on the first
business day immediately prior to that Wednesday, e.g., Tuesday of that
week, if the Wednesday is not a business day. For purposes of IWM,
however, the Exchange believes that it is preferable to require Monday
expiration series in this scenario to expire on the Tuesday of that
week rather than the previous business day, e.g., the previous Friday,
since the Tuesday is closer in time to the scheduled expiration date of
the series than the previous Friday, and therefore may be more
representative of anticipated market conditions. Monday SPY and QQQ
expirations \6\ are treated in this manner today. Cboe Exchange, Inc.
(``Cboe'') uses the same procedure for options on the S&P 500 index
(``SPX''), Mini-SPX Index Options (``XSP''), Russell 2000 Index
(``RUT'') and Mini-Russell 200 Index Options (``MRUT'') and with Monday
expirations that are listed pursuant to its Nonstandard Expirations
Pilot Program and that are scheduled to expire on a holiday.\7\ Also,
Phlx \8\ and Nasdaq ISE, LLC (``ISE'') \9\ use the same procedure for
options on the Nasdaq-100[supreg] (``NDX'') with Monday expirations
that are listed pursuant to its Nonstandard Expirations Pilot Programs,
respectively.
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    \6\ See Supplementary Material .03(e) at Options 4, Section 5.
    \7\ See Cboe Rule 4.13(e)(1) ``. . . If the Exchange is not open
for business on a respective Monday, the normally Monday expiring
Weekly Expirations will expire on the following business day. If the
Exchange is not open for business on a respective Wednesday or
Friday, the normally Wednesday or Friday expiring Weekly Expirations
will expire on the previous business day.''
    \8\ See Phlx Options 4A, Section 12(b)(5).
    \9\ See ISE Supplementary Material .07 to Options 4A, Section
12.
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    Currently, for each option class eligible for participation in the
Program, the Exchange is limited to opening thirty (30) series for each
expiration date for the specific class.\10\ The thirty (30) series
restriction does not include series that are open by other securities
exchanges under their respective short term option rules; the Exchange
may list these additional series that are listed by other
exchanges.\11\ This thirty (30) series restriction would apply to
Monday and Wednesday IWM Expiration series as well. In addition, the
Exchange will be able to list series that are listed by other
exchanges, assuming they file similar rules with the Commission to list
IWM options expiring on Mondays and Wednesdays.
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    \10\ See Supplementary Material .03(a) to Options 4, Section 5.
    \11\ Id.
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    Finally, the Exchange is amending Supplementary Material .03(b) to
Options 4, Section 5, which addresses the listing of Short Term Options
Series that expire in the same week as monthly or quarterly options
series. Currently, that rule states that no Short Term Option Series
may expire in the same week in which monthly option series on the same
class expire (with the exception of Monday and Wednesday SPY and QQQ
Expirations) or, in the case of Quarterly Options Series, on an
expiration that coincides with an expiration of Quarterly Option Series
on the same class.\12\ As with Monday and Wednesday SPY and QQQ
Expirations, the Exchange proposes to permit Monday and Wednesday IWM
Expirations to expire in the same week as monthly options series on the
same class. The Exchange believes that it is reasonable to extend this
exemption to Monday and Wednesday IWM Expirations because Monday and
Wednesday IWM Expirations and standard monthly options will not expire
on the same trading day, as standard monthly options expire on Fridays.
Additionally, the Exchange believes that not listing Monday and
Wednesday IWM Expirations for one week every month because there was a
monthly IWM expiration on the Friday of that week would create investor
confusion.
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    \12\ See current Supplementary Material .03(b) to Options 4,
Section 5.
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    The Exchange does not believe that any market disruptions will be
encountered with the introduction of P.M.-settled Monday and Wednesday
IWM expirations. The Exchange has the necessary capacity and
surveillance programs in place to support and properly monitor trading
in the proposed Monday and Wednesday IWM Expirations. The Exchange
currently trades P.M.-settled Short Term Option Series that expire
Monday and

Wednesday for SPY and QQQ and has not experienced any market
disruptions nor issues with capacity. Today, the Exchange has
surveillance programs in place to support and properly monitor trading
in Short Term Option Series that expire Monday and Wednesday for SPY
and QQQ.
    Similar to SPY and QQQ, the introduction of IWM Monday and
Wednesday expirations will, among other things, expand hedging tools
available to market participants and continue the reduction of the
premium cost of buying protection. The Exchange believes that Monday
and Wednesday IWM expirations will allow market participants to
purchase IWM based on their timing as needed and allow them to tailor
their investment and hedging needs more effectively.
    Finally, the Exchange proposes to amend the ``:'' to a ``.'' after
the title ``Short Term Options Series Program'' within Supplementary
Material .03 to Options 3, Section 5.
Implementation
    The Exchange intends to begin implementation of the proposed rule
change prior to November 1, 2021. The Exchange will issue an Options
Trader Alert to Participants with the date of implementation.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\13\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\14\ in particular, in that it
is designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general to protect
investors and the public interest by providing the investing public and
other market participants more flexibility to closely tailor their
investment and hedging decisions in IWM options, thus allowing them to
better manage their risk exposure.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
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    In particular, the Exchange believes the Program has been
successful to date and that Monday and Wednesday IWM Expirations should
simply expand the ability of investors to hedge risk against market
movements stemming from economic releases or market events that occur
throughout the month in the same way that the Program has expanded the
landscape of hedging. Similarly, the Exchange believes Monday and
Wednesday IWM Expirations should create greater trading and hedging
opportunities, as well as flexibility that will provide customers with
the ability to tailor their investment objectives more effectively.
    Phlx currently lists Monday and Wednesday SPY and QQQ
Expirations.\15\ Also, Cboe \16\ currently permits Monday and Wednesday
expirations for other options with a weekly expiration, such as options
on the SPX, XSP, RUT and MRUT pursuant to its Nonstandard Expirations
Pilot Program. Phlx \17\ and ISE \18\ currently permit Monday and
Wednesday expirations for other options with a weekly expiration on NDX
pursuant to its Nonstandard Expirations Pilot Programs, respectively.
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    \15\ See Supplementary Material .03 at Options 4, Section 5.
    \16\ See note 7 above.
    \17\ See note 8 above.
    \18\ See note 9 above.
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    With the exception of Monday expiration series that are scheduled
to expire on a holiday, there are no material differences in the
treatment of Monday and Wednesday IWM expirations for Short Term Option
Series. The Exchange believes that it is consistent with the Act to
treat Monday expiration series that expire on a holiday differently
than Wednesday or Friday expiration series, since the proposed
treatment for Monday expiration series will result in an expiration
date that is closer in time to the scheduled expiration date of the
series, and therefore may be more representative of anticipated market
conditions. Monday SPY and QQQ expirations are treated in this manner
today.\19\ Cboe \20\ uses the same procedure for SPX, XSP, RUT and MRUT
options with Monday expirations that are listed pursuant to its
Nonstandard Expirations Pilot Program and that are scheduled to expire
on a holiday, as do Phlx \21\ and ISE \22\ for NDX options with Monday
expirations that are listed pursuant to their Nonstandard Expirations
Pilot Programs, respectively.
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    \19\ See Supplementary Material .03 at Options 4, Section 5.
    \20\ See note 7 above.
    \21\ See note 8 above.
    \22\ See note 9 above.
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    Given the similarities between Monday and Wednesday SPY and QQQ
Expirations and the proposed Monday and Wednesday IWM Expirations, the
Exchange believes that applying the provisions in Supplementary
Material .03 to Options 4, Section 5, which currently apply to Monday
and Wednesday SPY and QQQ Expirations, to Monday and Wednesday IWM
Expirations is justified. For example, the Exchange believes that
allowing Monday and Wednesday IWM Expirations and monthly IWM
expirations in the same week will benefit investors and minimize
investor confusion by providing Monday and Wednesday IWM Expirations in
a continuous and uniform manner. The Exchange also believes that is
appropriate to amend Supplementary Material .03(b) to Options 4,
Section 5 to clarify that no Short Term Option Series may expire on the
same day as an expiration of Quarterly Option Series on the same class,
same as SPY and QQQ.
    The Exchange represents that it has an adequate surveillance
program in place to detect manipulative trading in Monday and Wednesday
expirations, including Monday and Wednesday IWM Expirations, in the
same way that it monitors trading in the current Short Term Option
Series and trading in Monday and Wednesday SPY and QQQ Expirations. The
Exchange also represents that it has the necessary systems capacity to
support the new options series. Finally, the Exchange does not believe
that any market disruptions will be encountered with the introduction
of Monday and Wednesday IWM expirations.
    The Exchange's proposal to amend the ``:'' to a ``.'' after the
title ``Short Term Options Series Program'' within Supplementary
Material .03 to Options 3, Section 5 is a non-substantive technical
amendment.

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. The Exchange notes that
having Monday and Wednesday IWM expirations is not a novel proposal, as
Monday and Wednesday SPY and QQQ Expirations are currently listed on
Phlx.\23\ Cboe \24\ uses the same procedure for SPX, XSP, RUT and MRUT
options with Monday expirations that are listed pursuant to its
Nonstandard Expirations Pilot Program and that are scheduled to expire
on a holiday, as do Phlx \25\ and ISE \26\ for NDX options with Monday
expirations that are listed pursuant to their Nonstandard Expirations
Pilot Programs, respectively.
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    \23\ See note 8 above.
    \24\ See note 7 above.
    \25\ See note 8 above.
    \26\ See note 9 above.
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    The Exchange does not believe the proposal will impose any burden
on

intra-market competition, as all market participants will be treated in
the same manner under this proposal. Additionally, the Exchange does
not believe the proposal will impose any burden on inter-market
competition, as nothing prevents the other options exchanges from
proposing similar rules to list and trade Short-Term Option Series with
Monday and Wednesday expirations.

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

    No written comments were either solicited or received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission shall: (a) By order approve
or disapprove such proposed rule change, or (b) institute proceedings
to determine whether the proposed rule change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2021-43 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-Phlx-2021-43. 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-Phlx-2021-43 and should be submitted on
or before September 8, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
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    \27\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-17672 Filed 8-17-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 80 (Friday, April 24, 2020)]
[Rules and Regulations]
[Pages 22953-22955]
[FR Doc No: 2020-08706]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 85, No. 80 / Friday, April 24, 2020 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0537; Project Identifier 2019-NE-16-AD; Amendment
39-21116; AD 2020-09-02]
RIN 2120-AA64

Airworthiness Directives; Anjou Aeronautique Torso Restraint
Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-16-04
for certain Anjou Aeronautique (formerly Romtex Anjou Aeronautique)
Model 358 torso restraint systems (restraint systems). AD 2017-16-04
required inspection of the restraint system, placarding if it is found
to be inoperative, and replacement of the affected restraint system
with a part eligible for installation. This AD requires the removal
from service of this expanded population of affected restraint systems
and modifies the compliance schedule for their removal. This AD was
prompted by reports to the European Union Aviation Safety Agency
(EASA), since the publication of AD 2017-16-04, of additional restraint
system buckle knobs breaking on a batch of parts outside of the
population identified in AD 2017-16-04. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective May 29, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
22, 2017 (82 FR 39355, August 18, 2017).

ADDRESSES: For service information identified in this final rule,
contact Anjou Aeronautique, Strada Livezii nr. 98, 550042, Sibiu,
Romania; telephone: +40 269 243 918; fax: +40 269 243 921; email:
<EMAIL_ADDRESS>You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. 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-2019-0537.

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-
0537; 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 AD, the mandatory continuing airworthiness information (MCAI), 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: Dorie Resnik, Aerospace Engineer,
Boston ACO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; 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 2017-16-04, Amendment 39-18981 (82 FR
39355, August 18, 2017), (``AD 2017-16-04''). AD 2017-16-04 applied to
certain Anjou Aeronautique (formerly Romtex Anjou Aeronautique) Model
358 restraint systems. The NPRM published in the Federal Register on
December 31, 2019 (84 FR 72257). The NPRM was prompted by reports to
the European Union Aviation Safety Agency (EASA) of additional
restraint system buckle knobs, since the publication of AD 2017-16-04,
breaking on a batch of parts outside of the population identified in AD
2017-16-04. The NPRM proposed to require the removal from service of
this expanded population of affected restraint systems and modifies the
compliance schedule for their removal. The FAA is issuing this AD to
address the unsafe condition on these products.
    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA AD 2018-0195, dated September 4, 2018 (referred to after
this as ``the MCAI''), to address the unsafe condition on these
products. The MCAI states:

    Occurrences have been reported of rupture of the upper side
(knob) of the rotary buckle installed on certain Anjou Aeronautique
model 358 torso restraint systems. Further occurrences have been
reported after the publication of EASA PAD 18-019. Preliminary
investigation identified a batch of parts potentially affected by
the same unsafe condition, for which high operating temperatures
might be a contributing factor.
    This condition, if not corrected, could prevent the release of
the restraint system straps as intended in the event of an emergency
landing, possibly inhibiting safe evacuation from the aircraft. As
of the issue date of this [EASA] AD, Anjou Aeronautique has not
issued applicable repair or modification instructions.
    For the reasons described above, this [EASA] AD requires
replacement of affected torso restraint systems, and prohibits
installation thereof.

    You may obtain further information by examining the MCAI in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2019-0537.

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.

Miscellaneous Comment

    An individual commenter provided a comment not relevant to this AD.
The FAA did not change this AD.

Revision to Cost Estimate

    The FAA determined the need to clarify the estimated cost in AD
2017-16-04. The cost reflected in AD 2017-16-04 was the total cost per
helicopter ($6,000 per restraint system multiplied by 7 seats per
helicopter totaling $42,000). In this AD, the FAA is providing the cost
estimate per restraint system.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this AD as proposed.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Anjou Aero Service Bulletin (SB) No. 358SB-14-101,
Revision 1, dated December 12, 2014. The SB describes procedures for
removing from service and replacing the rotary buckle sub-assembly on
certain part-numbered and serial-numbered buckle assemblies, consisting
of the rotary buckle, belt, and attachment. 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 an unknown number of
restraint systems installed on, but not limited to, Airbus Helicopters
AS350B2, AS350B3, EC130B4, EC130T2, and AS355NP helicopters of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Inspect restraint system......................  0.5 work-hours x $85 per hour =               $0          $42.50
                                                 $42.50.
Remove and replace restraint system...........  0.5 work-hours x $85 per hour =            6,000        6,042.50
                                                 $42.50.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Placard seat as inoperable...................  0.1 work-hour x $85 per hour =               $0            $8.50
                                                $8.50.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. The FAA does not control warranty coverage for affected
individuals. As a result, the FAA has included all costs in our cost
estimate.

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 part 39 of the Federal Aviation
Regulations (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)
2017-16-04, Amendment 39-18981 (82 FR 39355, August 18, 2017), and
adding the following new AD:

2020-09-02 Anjou Aeronautique (formerly Romtex Anjou Aeronautique):
Amendment 39-21116; Docket No. FAA-2019-0537; Project Identifier
2019-NE-16-AD.

(a) Effective Date

    This AD is effective May 29, 2020.

(b) Affected ADs

    This AD replaces AD 2017-16-04, Amendment 39-18981 (82 FR 39355,
August 18, 2017).

(c) Applicability

    (1) This AD applies to Anjou Aeronautique Model 358 torso
restraint systems (restraint systems), part number (P/N) 358XX-XXX-
YY-ZZZ (where 358XX-XXX-YY-ZZZ can be any combination of numbers
and/or letters), with serial numbers (S/Ns) listed in Effectivity,
paragraph 1.2, of Anjou Aero Service Bulletin (SB) No. 358SB-14-101,
Revision 1, dated December 12, 2014, and with S/Ns listed in Figure
1 to Paragraph (c)(1) of this AD.

[GRAPHIC] [TIFF OMITTED] TR24AP20.024

    (2) These restraint systems are installed on, but not limited
to, Airbus Helicopters AS350B2, AS350B3, EC130B4, EC130T2, and
AS355NP helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2500, Cabin
Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by reports to the European Union Aviation
Safety Agency (EASA), since the publication of AD 2017-16-04, of
additional restraint system buckle knobs breaking on a batch of
parts outside of the population identified in AD 2017-16-04. The FAA
is issuing this AD to prevent a restraint system strap from failing
to release from the buckle, causing occupants to be unable to exit
the aircraft during an emergency. The unsafe condition, if not
addressed, could result in a restraint system strap failing to
release from the buckle, resulting in injury or death of the
occupant.

(f) Compliance

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

(g) Required Actions

    (1) For the restraint systems listed in the Effectivity,
paragraph 1.2, of Anjou Aero SB No. 358SB-14-101, Revision 1, dated
December 12, 2014, except for S/Ns 1038-1048 (inclusive), 1050-1055
(inclusive), and 1062-1073 (inclusive), within 30 hours time-in-
service (TIS) after the effective date of this AD, inspect each
restraint system for proper release of the straps from the restraint
system.
    (i) If the straps do not release from the restraint system,
before further flight, placard the seat as inoperative. Within 180
hours TIS after the effective date of this AD, remove the rotary
buckle sub-assembly and replace it with a part eligible for
installation.
    (ii) If the straps release from the restraint system, within 180
hours TIS after the effective date of this AD, remove the rotary
buckle sub-assembly and replace it with a part eligible for
installation.
    (2) For restraint systems, P/N 358XX-XXX-YY-ZZZ (where 358XX-
XXX-YY-ZZZ can be any combination of numbers and/or letters), having
S/Ns 738-1619 (inclusive), within 30 hours TIS after the effective
date of this AD, inspect the restraint system for proper release of
the straps from the restraint system.
    (i) If the straps do not release from the restraint system,
before further flight, placard the seat as inoperative and within
180 hours TIS after the effective date of this AD, remove the
restraint system from service and replace it with a part eligible
for installation.
    (ii) If the straps release from the restraint system, within 180
hours TIS or six months after the effective date of this AD,
whichever occurs first, remove the restraint system from service and
replace it with a part eligible for installation.

(h) Installation Prohibition

    After the effective date of this AD, do not install on any
aircraft an Anjou Aeronautique restraint system, P/N 358XX-XXX-YY-
ZZZ, having S/Ns 738-1619 (inclusive), even if the restraint system
is labeled in compliance with Anjou Aero SB No. 358SB-14-101,
Revision 1, dated December 12, 2014.

(i) Definition

    For the purpose of this AD, a ``part eligible for installation''
is an Anjou Aeronautique restraint system, excluding P/N 358XX-XXX-
YY-ZZZ, having S/Ns 738-1619 (inclusive), that had the rotary buckle
sub-system repaired and a label attached indicating compliance with
Anjou Aero SB No. 358SB-14-101, Revision 1, dated December 12, 2014,
or later revisions.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Boston 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 (k)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    (1) For more information about this AD, contact Dorie Resnik,
Aerospace Engineer, Boston ACO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to European Union Aviation Safety Agency (EASA) AD
2018-0195, dated September 4, 2018, for more information. You may
examine the EASA AD in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0537.

(l) 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 the AD specifies otherwise.
    (3) The following service information was approved for IBR on
September 22, 2017 (82 FR 39355, August 18, 2017).
    (i) Anjou Aero Service Bulletin No. 358SB-14-101, Revision 1,
dated December 12, 2014.
    (ii) [Reserved]
    (4) For Anjou Aeronautique service information identified in
this AD, contact Anjou Aeronautique, Strada Livezii nr. 98, 550042,
Sibiu, Romania; telephone: +40 269 243 918; fax: +40 269 243 921;
email<EMAIL_ADDRESS>    (5) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (6) You may view this service information 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 April 20, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-08706 Filed 4-23-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Proposed Rules]
[Pages 81187-81190]
[FR Doc No: 2010-32480]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R08-RCRA-2010-0933, FRL-9244-1]

 South Dakota: Final Authorization of State Hazardous Waste
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Rule.

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

SUMMARY: The Solid Waste Disposal Act, as amended, commonly referred to
as the Resource Conservation and Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA) to authorize states to operate
their hazardous waste management programs in lieu of the federal
program. South Dakota has applied to EPA for final authorization of the
changes to its hazardous waste program under RCRA. EPA has determined
that these changes satisfy all requirements needed to qualify for final
authorization, and is proposing to authorize the State's changes
through this proposed final action.

DATES: Comments must be received by January 26, 2011.

ADDRESSES: Submit your comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (prior to faxing, please notify the
EPA contact listed below).
     Mail, Hand Delivery or Courier: Deliver your comments to
Christina Cosentini, Solid and Hazardous Waste Program, EPA Region 8,
Mailcode 8P-HW, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
Courier or hand deliveries are only accepted during the Regional
Office's normal hours of operation. The public is advised to call in
advance to verify the business hours. Special arrangements should be
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No.: EPA-R08-RCRA-
2010-0933. 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 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 regulations.gov, or
e-mail. The federal Web site http://www.regulations.gov 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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information may not be 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 through http://www.regulations.gov or in hard copy at:
EPA Region 8, from 8 a.m. to 4 p.m., 1595 Wynkoop Street, Denver,
Colorado, contact: Christina Cosentini, phone number<PHONE_NUMBER>, or
the South Dakota Department of Environment and Natural Resources, from
9 a.m. to 5 p.m., Joe Foss Building, 523 East Capitol Avenue, Pierre,
SD 57501, contact: Carrie Jacobson, phone number<PHONE_NUMBER>. The
public is advised to call in advance to verify business hours.

FOR FURTHER INFORMATION CONTACT: Christina Cosentini, Solid and
Hazardous Waste Program, EPA Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Why are revisions to state programs necessary?

    States which have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the federal program. As the federal program changes, states must
change their programs and ask EPA to authorize the changes. Changes to
state programs may be necessary when federal or state statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, states must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273, and 279.

B. What decisions have we made in this rule?

    We conclude that the State of South Dakota's application to revise
its authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant South Dakota
final authorization to operate its hazardous waste program with the
changes described in the authorization application. South Dakota has
responsibility for permitting Treatment, Storage, and Disposal
Facilities (TSDFs), and for carrying out the aspects of the RCRA
program described in its revised program application, subject to the
limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA)
for all areas within the State except for lands located within formal
Indian Reservations within or abutting the State of South Dakota,
including the Cheyenne River Indian Reservation, Crow Creek Indian
Reservation, Flandreau Indian Reservation, Lower Brule Indian
Reservation, Pine Ridge Indian Reservation, Rosebud Indian

Reservation, Standing Rock Indian Reservation, Yankton Indian
Reservation, any land held in trust by the U.S. for an Indian tribe,
and any other land, whether on or off a reservation that qualifies as
Indian country within the meaning of 18 U.S.C. 1151. New federal
requirements and prohibitions imposed by federal regulations that EPA
promulgates under the authority of HSWA take effect in authorized
states before they are authorized for the requirements. Thus, EPA will
implement those requirements and prohibitions in South Dakota including
issuing permits, until South Dakota is granted authorization to do so.

C. What is the effect of today's authorization decision?

    The effect of this decision is that a facility in South Dakota
subject to RCRA will now have to comply with the authorized State
requirements instead of the equivalent federal requirements in order to
comply with RCRA. The State of South Dakota has enforcement
responsibilities under its State hazardous waste program for violations
of such program, but EPA retains its authority under RCRA sections
3007, 3008, 3013, and 7003, which include, among others, authority to:
     Conduct inspections, and require monitoring, tests,
analyses, or reports; and
     Enforce RCRA requirements and suspend or revoke permits;
and
     Take enforcement actions regardless of whether South
Dakota has taken its own actions.
    This action does not impose additional requirements on the
regulated community because the regulations for which South Dakota is
being authorized by this action are already effective under State law,
and are not changed by this action.

D. What happens if EPA receives comments opposing this action?

    If EPA receives comments opposing this authorization, we will
address all public comments in a later Federal Register. You will not
have another opportunity to comment on this action, you must do so at
this time.

E. For what has South Dakota previously been authorized?

    South Dakota initially received final authorization on October 19,
1984, effective November 2, 1984 (49 FR41038) to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on: April 17, 1991, effective June 17, 1991
(56 FR 15503); September 8, 1993, effective November 8, 1993 (58 FR
47216); January 10, 1994, effective March 11, 1994 (59 FR 01275); July
24, 1996, effective September 23, 1996 (61 FR 38392); May 9, 2000,
effective June 8, 2000 (65 FR 26755); April 23, 2004, effective May 24,
2004 (69 FR 21962); and March 8, 2006, effective March 8, 2006 (71 FR
11533).

F. What changes are we approving with today's action?

    South Dakota submitted a complete program revision application on
April 1, 2010, seeking authorization of their changes in accordance
with 40 CFR 271.21. Subject to receipt of written comments that oppose
this action, we now propose that South Dakota's hazardous waste program
revision satisfies all of the requirements necessary to qualify for
final authorization. Therefore, we propose to grant South Dakota final
authorization for its entire Hazardous Waste Program. South Dakota has
revised its entire program using a method that incorporates the federal
Program by reference. This method clearly indicates where the State's
requirements are more stringent or broader-in-scope than the federal
requirements. The State also excluded federal provisions, from the
incorporation by reference, that are not delegated to the State's
program.
    The State of South Dakota revisions consist of regulations which
specifically govern Federal Hazardous Waste revisions promulgated from
July 1, 2004 through July 1, 2007, (RCRA Clusters XIV-XVII). South
Dakota requirements are included in a chart with this document.

------------------------------------------------------------------------
   Description of federal       Federal Register
    requirement (include       date and page (and/     Analogous state
   checklist , if      or RCRA statutory         authority
          relevant)                authority)
------------------------------------------------------------------------
1. Recycled Used Oil          68 FR 44659-44665     South Dakota
 Management Standards;         July 30, 2003.        Codified Laws
 Clarification. (Checklist                           (SDCL) 34A-11;
 203).                                               Administrative
                                                     Rules of South
                                                     Dakota (ARSD),
                                                     74:28:22:01,
                                                     74:28:27:01, 2007
                                                     Rule Update,
                                                     effective September
                                                     13, 2007.
2. NESHAP: Surface Coating    69 FR 22601-22661     South Dakota
 of Automobiles and Light-     April 26, 2004.       Codified Laws
 Duty Trucks. (Checklist                             (SDCL) 34A-11;
 205).                                               Administrative
                                                     Rules of South
                                                     Dakota (ARSD),
                                                     74:28:25:01,
                                                     74:28:28:01, 2007
                                                     Rule Update,
                                                     effective September
                                                     13, 2007.
3. Nonwastewaters from Dyes   70 FR 9138-9180       South Dakota Code
 and Pigments. (Checklist      February 24, 2005.    Annotated (SDCL)
 206).                                               34A-11;
                                                     Administrative
                                                     Rules of South
                                                     Dakota (ARSD),
                                                     74:28:22:01,
                                                     74:28:30:01, 2007
                                                     Rule Update,
                                                     effective September
                                                     13, 2007.
4. Uniform Hazardous Waste    70 FR 10776-10825     South Dakota Code
 Manifest Rule. (Checklist     March 4, 2005.        Annotated (SDCL)
 207).                                               34A-11;
                                                     Administrative
                                                     Rules of South
                                                     Dakota (ARSD),
                                                     74:28:21:02,
                                                     74:28:22:01,
                                                     74:28:23:01,
                                                     74:28:24:01,
                                                     74:28:25:01,
                                                     74:28:28:01, 2007
                                                     Rule Update,
                                                     effective September
                                                     13, 2007.
5. Methods Innovation Rule    70 FR 34538-34592     South Dakota Code
 and SW-846 Final Update       June 14, 2005.        Annotated (SDCL)
 IIIB. (Checklist 208).                              34A-11;
                                                     Administrative
                                                     Rules of South
                                                     Dakota (ARSD),
                                                     74:28:21:02,
                                                     74:28:22:01,
                                                     74:28:25:01,
                                                     74:28:26:01,
                                                     74:28:27:01,
                                                     74:28:28:01,
                                                     74:28:30:01, 2007
                                                     Rule Update,
                                                     effective September
                                                     13, 2007.
6. Universal Waste Rule:      70 FR 45508-45522     South Dakota Code
 Specific Provisions for       August 5, 2005.       Annotated (SDCL)
 Mercury Containing                                  34A-11;
 Equipment. (Checklist 209).                         Administrative
                                                     Rules of South
                                                     Dakota (ARSD),
                                                     74:28:21:02,
                                                     74:28:22:01,
                                                     74:28:25:01,
                                                     74:28:28:01,
                                                     74:28:26:01,
                                                     74:28:30:01,
                                                     74:28:33:01, 2007
                                                     Rule Update,
                                                     effective September
                                                     13, 2007.

7. Standardized Permits for   70 FR 53420-53478     South Dakota Code
 RCRA Hazardous Waste          September 8, 2005.    Annotated (SDCL)
 Management Facilities.                              34A-11;
 (Checklist 210).                                    Administrative
                                                     Rules of South
                                                     Dakota (ARSD),
                                                     74:28:21:02,
                                                     74:28:22:01,
                                                     74:28:26:01, 2008
                                                     Rule Update,
                                                     effective October
                                                     27, 2008.
8. Revisions of Wastewater    70 FR 57769-57785     South Dakota Code
 Treatment Exemptions for      October 4, 2005.      Annotated (SDCL)
 Hazardous Waste Mixtures.                           34A-11;
 (``Headworks exemptions''                           Administrative
 Checklist 211).                                     Rules of South
                                                     Dakota (ARSD),
                                                     74:28:22:01, 2007
                                                     Rule Update,
                                                     effective September
                                                     13, 2007.
9. NESHAP: Final Standards    70 FR 59402-59579     South Dakota Code
 for Hazardous Waste           October 12, 2005.     Annotated (SDCL)
 Combustors. (Phase I Final                          34A-11;
 Replacement Standards and                           Administrative
 Phase II (Checklist 212).                           Rules of South
                                                     Dakota (ARSD),
                                                     74:28:21:02,
                                                     74:28:25:01,
                                                     74:28:26:01,
                                                     74:28:27:01,
                                                     74:28:28:01, 2007
                                                     Rule Update,
                                                     effective September
                                                     13, 2007.
10. Burden Reduction          71 FR 16862-16915     South Dakota Code
 Initiative. (Checklist 213).  April 4, 2006.        Annotated (SDCL)
                                                     34A-11;
                                                     Administrative
                                                     Rules of South
                                                     Dakota (ARSD),
                                                     74:28:21:02,
                                                     74:28:22:01,
                                                     74:28:25:01,
                                                     74:28:26:01,
                                                     74:28:27:01,
                                                     74:28:28:01,
                                                     74:28:33:01 2007
                                                     Rule Update,
                                                     effective September
                                                     13, 2007.
11. Corrections to Errors in  71 FR 40254-40280     South Dakota Code
 the Code of Federal           July 14, 2006.        Annotated (SDCL)
 Regulations. (Checklist                             34A-11;
 214).                                               Administrative
                                                     Rules of South
                                                     Dakota (ARSD),
                                                     74:28:21:02,
                                                     74:28:22:01,
                                                     74:28:23:01,
                                                     4:28:25:01,
                                                     74:28:26:01,
                                                     74:28:27:01,
                                                     74:28:28:01,
                                                     74:28:30:01,
                                                     74:28:33:01, 2008
                                                     Rule Update,
                                                     effective October
                                                     27, 2008.
12. Cathode Ray Tubes Rule.   71 FR 42928-42949     South Dakota Code
 (Checklist 215).              July 28, 2006.        Annotated (SDCL)
                                                     34A-11;
                                                     Administrative
                                                     Rules of South
                                                     Dakota (ARSD),
                                                     74:28:21:02,
                                                     74:28:22:01, 2007
                                                     Rule Update
                                                     effective September
                                                     13, 2007.
------------------------------------------------------------------------

G. Where are the revised state rules different from the federal rules?

    The South Dakota hazardous waste program is equivalent to the
Federal program in all areas. EPA cannot delegate the Federal
requirements at 40 CFR part 262, subpart E and H, sections 268.5,
268.6, 268.42(b), and 268.44(a) through (g). EPA will continue to
implement these requirements.

H. Who handles permits after the authorization takes effect?

    South Dakota will issue permits for all the provisions for which it
is authorized and will administer the permits it issues. EPA will
continue to administer any RCRA hazardous waste permits or portions of
permits which were issued prior to the effective date of this
authorization. We will not issue any new permits or new portions of
permits for the provisions listed in the Table in this document after
the effective date of this authorization. EPA will continue to
implement and issue permits for HSWA requirements for which South
Dakota is not yet authorized.

I. How does today's action affect Indian country (18 U.S.C. 1151) in
South Dakota?

    South Dakota is not authorized to carry out its hazardous waste
program in Indian country, as defined in 18 U.S.C. 1151. This includes,
but is not limited to:
    1. Lands within the exterior boundaries of the following Indian
Reservations located within or abutting the State of South Dakota:
    a. Cheyenne River Indian Reservation.
    b. Crow Creek Indian Reservation.
    c. Flandreau Indian Reservation.
    d. Lower Brule Indian Reservation.
    e. Pine Ridge Indian Reservation.
    f. Rosebud Indian Reservation.
    g. Standing Rock Indian Reservation.
    h. Yankton Indian Reservation.
    2. Any land held in trust by the U.S. for an Indian tribe, and
    3. Any other land, whether on or off a reservation that qualifies
as Indian country within the meaning of 18 U.S.C. 1151.
    Therefore, this program revision does not extend to Indian country
where EPA will continue to implement and administer the RCRA program in
these lands.

J. What is codification and is EPA codifying South Dakota's hazardous
waste program as authorized in this rule?

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart QQ for this authorization of South Dakota's program changes
until a later date. In this authorization application EPA is not
codifying the rules documented in this Federal Register notice.

K. Statutory and Executive Order Reviews

    The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes state requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by state law.
Accordingly, I certify that this action 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 action
authorizes preexisting 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). For the same reason, this action
also does not significantly or uniquely affect the communities of
tribal governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000). This action will 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), because it merely authorizes state
requirements as part of the State RCRA hazardous waste program without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant and it does not make decisions based on
environmental health or safety risks. This rule is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not a significant regulatory action under
Executive Order 12866.
    Under RCRA 3006(b), EPA grants a state's application for
authorization as long as the state meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a state authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. 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. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the Executive Order.
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.).

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

    Authority:  This action is issued under the authority of
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act
as amended 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: December 6, 2010.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. 2010-32480 Filed 12-23-10; 8:45 am]
BILLING CODE 6560-50-P


 [Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)] [Notices] [Page 39869] [FR Doc No: 2011-16947]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. PR09-5-003]

Lee 8 Storage Partnership; Notice of Motion for Extension of Rate

Case Filing Deadline

    Take notice that on June 27, 2011, Lee 8 Storage Partnership (Lee

8) filed a request for an extension consistent with the Commission's

revised policy of periodic review from a triennial to a five year

period. The Commission in Order No. 735 modified its policy concerning

periodic reviews of rates charges by section 311 and Hinshaw pipelines

to extend the cycle for such reviews from three to five years.\1\

Therefore, Lee 8 requests that the date for its next rate filing be

extended to November 15, 2013, which is five years from the date of Lee

8's most recent rate filing with this Commission.

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    \1\ Contract Reporting Requirements of Intrastate Natural Gas

Companies, Order No. 735, 131 FERC ] 61,150 (May 20, 2010).

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    Any person desiring to participate in this rate proceeding must

file a motion to intervene or to protest this filing must file in

accordance with Rules 211 and 214 of the Commission's Rules of Practice

and Procedure (18 CFR 385.211 and 385.214). Protests 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. Any

person wishing to become a party must file a notice of intervention or

motion to intervene, as appropriate. Such notices, motions, or protests

must be filed on or before the date as indicated below. Anyone filing

an intervention or protest must serve a copy of that document on the

Applicant. Anyone filing an intervention or protest on or before the

intervention or protest date need not serve motions to intervene or

protests on persons other than the Applicant.

    The Commission encourages electronic submission of protests and

interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an

original and 7 copies of the protest or intervention 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>.

    Comment Date: 5 p.m. Eastern Time on Monday, July 11, 2011.

    Dated: June 28, 2011.

Nathaniel J. Davis, Sr.,

Deputy Secretary.

[FR Doc. 2011-16947 Filed 7-6-11; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 238 (Thursday, December 10, 2020)]
[Notices]
[Page 79491]
[FR Doc No: 2020-27123]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-2227]

Food and Drug Administration Fiscal Year 2020 Performance Review
Board

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the names
of the members who will serve on its fiscal year (FY) 2020 Performance
Review Board (PRB). The purpose of the PRB is to provide fair and
impartial review of Senior Executive Service (SES), Senior
Professional, 21st Century Cures Act, and Title 42(f) (SES Equivalents)
performance appraisals, bonus recommendations, and pay adjustments.

DATES: Approved October 1, 2020.

FOR FURTHER INFORMATION CONTACT: Abu Sesay, Office of Human Capital
Management (OHCM), Three White Flint North, 02C47, 11601 Landsdown St.,
North Bethesda, MD 20852, Office Number:<PHONE_NUMBER> (not a toll-free
number).

SUPPLEMENTARY INFORMATION: This action is being taken pursuant to 5
U.S.C. 4314(c)(4), which requires that members of performance review
boards be appointed in a manner to ensure consistency, stability, and
objectivity in performance appraisals and requires that notice of the
appointment of an individual to serve as a member be published in the
Federal Register.
    The following persons will serve on the FDA FY 2020 Performance
Review Board, which oversees the evaluation of performance appraisals
of FDA's Senior Executives and Equivalents:

 James Sigg, PRB Chair
 Tania Tse, PRB Officiator
 Glenda Barfell
 Janelle Barth
 Vincent Bunning
 Mary Beth Clarke
 Elizabeth Dickinson
 Tracey Forfa
 Denise Huttenlocker
 Diane Maloney
 William Tootle

    Dated: December 4, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2020-27123 Filed 12-9-20; 8:45 am]
BILLING CODE 4164-01-P