[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Proposed Rules]
[Pages 17211-17215]
[FR Doc No: 2022-06428]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0291; Project Identifier MCAI-2021-01321-A]
RIN 2120-AA64

Airworthiness Directives; British Aerospace (Operations) Limited
and British Aerospace Regional Aircraft Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2017-15-06, which applies to British Aerospace Regional Aircraft Model
HP.137 Jetstream Mk.1, Jetstream Series 200 and 3101, and Jetstream
Model 3201 airplanes. AD 2017-15-06 requires repetitively inspecting
the main landing gear (MLG) for cracks and, if cracks are found,
replacing the MLG with an airworthy part. Since the FAA issued AD 2017-
15-06, the Civil Aviation Authority (CAA) of the United Kingdom
superseded the mandatory continuing airworthiness information (MCAI)
issued by the European Aviation Safety Agency (EASA) to correct an
unsafe condition on these products. This proposed AD would retain the
initial inspection and the calculation of hours time-in-service to
flight cycle (FC) actions required by AD 2017-15-06, but would decrease
the repetitive inspection interval time from 1,200 flight cycles to 900
flight cycles. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 12,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For British Aerospace service information identified in this NPRM,
contact BAE Systems (Operations) Ltd., Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, United Kingdom;
phone: +44 3300 488727; fax: +44 1292 675704; email:
[email protected]; website: https://www.baesystems.com/Businesses/RegionalAircraft/. For H[eacute]roux Devtek service
information identified in this NPRM, contact H[eacute]roux Devtek
Product Support, 8, Pembroke Court, Manor Park, Runcorn, Cheshire, WA7
1TG, United Kingdom; phone:<PHONE_NUMBER>; email:
[email protected]; website: https://www.herouxdevtek.com/en/contact-us. You may view this service
information at the Airworthiness Products Section, Operational Safety
Branch, FAA, 901 Locust, Kansas City, MO 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0291; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the MCAI,
any comments received, and other information. The street address for
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety
Engineer, General Aviation & Rotorcraft Section, International
Validation Branch, FAA, 901 Locust, Room 301, Kansas City, MO 64106;
phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0291; Project Identifier
MCAI-2021-01321-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Doug
Rudolph, Aviation Safety Engineer, General Aviation & Rotorcraft
Section, International Validation Branch, FAA, 901 Locust, Room 301,
Kansas City, MO 64106. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    The FAA issued AD 2017-15-06, Amendment 39-18966 (82 FR 34846, July
27, 2017) (AD 2017-15-06), for British Aerospace Regional Aircraft
Model HP.137 Jetstream Mk.1, Jetstream Series 200 and 3101, and
Jetstream Model 3201 airplanes. AD 2017-15-06 was prompted by MCAI
originated by EASA, which is the Technical Agent for the Member States
of the European Union. EASA issued EASA AD 2017-0053, dated March 24,
2017, to correct an unsafe condition identified as cracks in the MLG
fitting at the pintle to cylinder interface, which could cause failure
of the MLG.
    AD 2017-15-06 requires repetitively inspecting the MLG and, if
cracks are found, replacing the MLG with an airworthy part. The FAA
issued AD 2017-15-06 to detect and correct cracks in the MLG, which
could lead to structural failure of the MLG and result in loss of
control during takeoffs and landings.

Actions Since AD 2017-15-06 Was Issued

    Since the FAA issued AD 2017-15-06, the CAA superseded EASA AD
2017-0053, dated March 24, 2017, and issued CAA AD G-2021-0015 dated
November 24, 2021 (referred to after this as ``the MCAI''). The MCAI
states:

    Cracks were found during early fatigue testing and in service on
the main landing gear (MLG) main fitting at the pintle to cylinder
interface.
    This condition if not detected and corrected, could lead to
structural failure of the MLG, possibly resulting in loss of control
of the aeroplane during take-off or landing runs.
    To address this unsafe condition, BAE Systems (Operations) Ltd
published several Service Bulletins (ISB) which, in 1996, were
consolidated into a single bulletin, SB 32-JA960142, to provide
instructions for inspection. CAA issued AD 005-03-96

accordingly to require repetitive inspections of the MLG.
    In 2014 a crack was found which was below the critical crack
length, but unusually large compared to similar cracks previously
found in service. Further investigation into the subject determined
that the existing inspection intervals remain valid but also showed
that the assumed detectable defect size of a 1.27mm [millimeters]
(0.05 in) [inch] crack could not be guaranteed using the then
defined accomplishment instructions for a high frequency eddy
current (HFEC) or fluorescent dye penetrant (FDP) inspection.
    Consequently, BAE Systems (Operations) Ltd issued SB 32-JA960142
Revision 4, which provided an improved procedure for HFEC and FDP
inspection to ensure the detection of cracks of 1.27 mm (0.05 in)
length.
    In response to this revision, EASA issued AD 2017-0053
(corrected 24 March 2017) addressing the need for revised inspection
procedures.
    Recently, an operator performing [EASA] AD 2017-0053
(referencing SB 32-JA960142 rev 4) identified 3 crack indications
(13 mm, 3 mm & 8 mm) in close proximity, the total length of which
was approximately 38 mm. This was an unusual report based of
reported findings over the 24 years since the SB was initially
released. In depth laboratory investigation of the discrepant part
was undertaken, which found that the material was to specification
and the cracks were fatigue in nature. The investigation was unable
to establish a reason for the cracks being different in nature to
those previously reported.
    In response, a further damage tolerance analysis was performed,
which identified the need to reduce the repeat inspection interval
defined in [EASA] AD 2017-0053. That is, a reduction from a repeat
of 1,200 flight cycles (FC) to a repeat of 900 FC.
    For the reasons described above, this [CAA] AD retains the
requirements of CAA UK AD 005-03-96 (superseded by EASA AD) and EASA
AD 2017-0053 (superseded by this CAA AD) and requires the
accomplishment of repetitive inspections in accordance with new
repetitive inspection requirements.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0291.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed British Aerospace Jetstream Series 3100 & 3200
Service Bulletin 32-JA960142, Revision 5, dated December 13, 2019. This
service information specifies procedures for doing a fluorescent
penetrant inspection for cracks in the MLG. Alternatively, this service
information specifies conducting an eddy current inspection for cracks
in the MLG in accordance with H[eacute]roux Devtek Service Bulletin No.
32-56, Revision 4, dated August 16, 2016, which was incorporated by
reference as of August 31, 2017 (82 FR 34846).
    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 ADDRESSES.

Other Related Service Information

    The FAA reviewed British Aerospace Jetstream Series 3100 & 3200
Service Bulletin 32-JA960142, Revision 4, dated October 21, 2016. This
service information specifies procedures for doing a fluorescent
penetrant inspection for cracks in the MLG. Alternatively, this service
information specifies conducting an eddy current inspection for cracks
in the MLG in accordance with H[eacute]roux Devtek Service Bulletin No.
32-56, Revision 4, dated August 16, 2016. This service information also
specifies corrective actions if any crack found exceeds a certain
length.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this NPRM
after determining the unsafe condition described previously is likely
to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain the initial inspection, the
calculation of hours time-in-service to flight cycle (FC) action, and
replacement as necessary required by AD 2017-15-06, but would decrease
the repetitive inspection interval time from 1,200 flight cycles to 900
flight cycles.

Differences Between This Proposed AD and the MCAI

    The MCAI does not apply to the Model HP.137 Jetstream Mk.1 or Model
Jetstream Series 200, whereas this proposed AD would include those
models because they have an FAA type certificate and share a similar
type design in the affected area.
    The MCAI and service information apply to Model Jetstream Series
3100 and Jetstream Series 3200 airplanes, which are identified on the
FAA type certificates as Jetstream Model 3101 and Jetstream Model 3201
airplanes, respectively.
    The MCAI gives credit for inspections and corrective actions
accomplished before the effective date of the MCAI using BAE Systems
(Operations) Ltd SB 32-JA960142 Revision 5, Revision 4, or Revision 3.
This proposed AD would not give credit for Revision 3, as AD 2017-15-06
did not provide credit and the FAA did not receive any requests to use
Revision 3 as an alternative method of compliance.
    The MCAI requires compliance with all of the accomplishment
instructions in the service information, which includes reporting the
inspection results (if there is a crack) to the manufacturer. This
proposed AD would not require reporting information to the
manufacturer.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 18 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per         Cost on U.S.
             Action                    Labor cost           Parts cost          airplane          operators
----------------------------------------------------------------------------------------------------------------
Inspection......................  6 work-hours x $85   Not applicable.....            $510   $9,180 per
                                   per hour = $510.                                           inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to replace the MLG based on
the results of the proposed inspection. The FAA has no way of
determining the number of airplanes that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost       airplane
----------------------------------------------------------------------------------------------------------------
Replace the MLG...............................  1 work-hour x $85 per hour = $85          $5,000          $1,530
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2017-15-06, Amendment 39-18966 (82
FR 34846, July 27, 2017); and
0
b. Adding the following new airworthiness directive:

British Aerospace (Operations) Limited and British Aerospace
Regional Aircraft: Docket No. FAA-2022-0291; Project Identifier
MCAI-2021-01321-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by May 12, 2022.

(b) Affected ADs

    This AD replaces AD 2017-15-06, Amendment 39-18966 (82 FR 34846,
July 27, 2017) (AD 2017-15-06).

(c) Applicability

    This AD applies to British Aerospace (Operations) Limited Model
HP.137 Jetstream Mk.1, Jetstream Series 200, and Jetstream Model
3101 airplanes and British Aerospace Regional Aircraft Model
Jetstream Model 3201 airplanes, all serial numbers, certificated in
any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 3211, Main Landing
Gear Attach Section.

(e) Unsafe Condition

    This AD was prompted by cracks found on the main landing gear
(MLG) main fitting at the pintle to cylinder interface. The FAA is
issuing this AD to detect and correct cracks in the MLG. The unsafe
condition, if not addressed, could cause failure of the MLG, which
could result in loss of control of the airplane during takeoffs and
landings.

(f) Compliance

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

(g) Actions

    (1) Within the compliance times listed in paragraph (g)(1)(i) or
(ii) of this AD, as applicable, inspect the MLG for cracks by
following Appendix 1, sections A through G, of British Aerospace
Jetstream Series 3100 & 3200 Service Bulletin 32-JA960142, Revision
5, dated December 13, 2019; or the Accomplishment Instructions,
sections A through D(6), in H[eacute]roux Devtek Service Bulletin
32-56, Revision 4, dated August 16, 2016.
    (i) For airplanes that have been inspected in accordance with AD
2017-15-06: Before the MLG accumulates 900 flight cycles since the
last inspection or within 150 flight cycles after the effective date
of this AD, whichever occurs later, and thereafter at intervals not
to exceed 900 flight cycles.
    (ii) For airplanes that have not been inspected in accordance
with AD 2017-15-06: Before the MLG accumulates 8,000 flight cycles
since first installation on an airplane or within 50 flight cycles
after the effective date of this AD, whichever occurs later, and
thereafter at intervals not to exceed 900 flight cycles.
    (2) If any crack is found during any inspection required by
paragraph (g)(1) of this AD, before further flight, replace the MLG
with an airworthy MLG and continue the inspections as required by
paragraph (g)(1) of this AD.
    (3) The compliance times in paragraphs (g)(1)(i) and (ii) of
this AD are presented in flight cycles (landings). If the number of
total flight cycles is unknown, for purposes of this AD, the number
of flight cycles is the hours time-in-service (TIS) accumulated on
the airplane multiplied by 0.75. For example:
    (i) 100 hours TIS x 0.75 = 75 flight cycles.
    (ii) 1,000 hours TIS x 0.75 = 750 flight cycles.

(h) Alternative Methods of Compliance (AMOCs)

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

(i) Related Information

    (1) For more information about this AD, contact Doug Rudolph,
Aviation Safety Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 901 Locust, Room 301, Kansas
City, MO 64106; phone:<PHONE_NUMBER>; email: [email protected].
    (2) Refer to Civil Aviation Authority (CAA) AD G-2021-0015,
dated November 24, 2021, for more information. You may examine the
CAA AD in the AD docket at

https:www.regulations.gov by searching for and locating Docket No.
FAA-2022-0291.
    (3) For British Aerospace service information identified in this
AD, contact BAE Systems (Operations) Ltd., Customer Information
Department, Prestwick International Airport, Ayrshire, KA9 2RW,
United Kingdom; phone: +44 3300 488727; fax: +44 1292 675704; email:
[email protected]; website: https://www.baesystems.com/Businesses/RegionalAircraft/. For H[eacute]roux Devtek service
information identified in this AD, contact H[eacute]roux Devtek
Product Support, 8, Pembroke Court, Manor Park, Runcorn, Cheshire,
WA7 1TG, United Kingdom; phone:<PHONE_NUMBER>; email:
[email protected]; website: https://www.herouxdevtek.com/en/contact-us. You may view this service
information at the Airworthiness Products Section, Operational
Safety Branch, FAA, 901 Locust, Kansas City, MO 64106. For
information on the availability of this material at the FAA, call
(817) 222-5110.

    Issued on March 22, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-06428 Filed 3-25-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Notices]
[Pages 42865-42866]
[FR Doc No: 2015-17689]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2015-007-N-19]

Agency Request for Emergency Processing of Collection of
Information by the Office of Management and Budget

AGENCY: Federal Railroad Administration (FRA), United States Department
of Transportation (USDOT).

ACTION: Notice.

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SUMMARY: FRA hereby gives notice that it is submitting the following
Information Collection request (ICR) to the Office of Management and
Budget (OMB) for emergency processing under the Paperwork Reduction Act
of 1995. FRA requests that OMB authorize the collection of information
identified by July 24, 2015, for a period of 180 days.

FOR FURTHER INFORMATION CONTACT: A copy of this individual ICR, with
applicable supporting documentation, may be obtained by telephoning
FRA's Office of Safety Clearance Officer: Robert Brogan (tel. (202)
493-6292) or FRA's Office of Administration Clearance Officer: Kimberly
Toone (tel.<PHONE_NUMBER>) (these numbers are not toll-free); or by
contacting Mr. Brogan via facsimile at<PHONE_NUMBER> or Ms. Toone via
facsimile at<PHONE_NUMBER>, or via email by contacting Mr. Brogan at
<EMAIL_ADDRESS>or by contacting Ms. Toone at<EMAIL_ADDRESS>
Comments and questions about the ICR identified below should be
directed to OMB's Office of Information and Regulatory Affairs, Attn:
FRA OMB Desk Officer.

SUPPLEMENTARY INFORMATION: The statutory deadline for Positive Train
Control (PTC) system implementation is December 31, 2015, less than 6
months away. Congress and FRA are concerned that the railroads will not
make the statutory deadline. To date, the vast majority of railroads
have not submitted, in accordance with 49 CFR 236.1009 and 236.1015, a
PTC Safety Plan (PTCSP) and have not submitted, in accordance with 49
CFR 236.1035, a request for testing approval to support a PTCSP, which
is necessary to achieve PTC System Certification and operate in revenue
service. So that Congress and FRA may better understand the status of
each railroad's implementation efforts, FRA is seeking accurate and
current information, with periodic updates, under its investigative
authority pursuant to 49 U.S.C. 20103, 20107, and 20902, and 49 CFR
236.1009(h). The railroads' responses will help inform FRA of the
current PTC implementation status.
    FRA is requesting Emergency processing approval by July 24, 2015,
because FRA cannot reasonably comply with normal clearance procedures
on account of use of normal clearance procedures is reasonably likely
to disrupt the collection of information. The proposed collection of
information is summarized below.
    Title: Positive Train Control (PTC) Implementation Status Update
Questionnaire.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                       Respondent          Total annual      Average time  per     Total annual
PTC implementation status update        universe            responses             response         burden hours
----------------------------------------------------------------------------------------------------------------
Questionnaire to be completed by  38 Railroads.......  456 Surveys........  10 minutes.........              76
 railroads required to implement
 PTC.
----------------------------------------------------------------------------------------------------------------

    Form Number(s): N/A.
    Respondent Universe: 38 Railroads.
    Frequency of Submission: Monthly.
    Total Estimated Responses: 456 Surveys.
    Total Estimated Annual Burden: 380 hours.
    Status: Emergency Review.
    Pursuant to 44 U.S.C. 3507(a) and 5 CFR 320.5(b), 1320.8(b)(3)(vi),
FRA informs all interested parties that it may not conduct or sponsor,
and a respondent is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

    Authority: 44 U.S.C. 3501-3520.

    Issued in Washington, DC, on July 15, 2015.
Rebecca Pennington,
Chief Financial Officer.
[FR Doc. 2015-17689 Filed 7-17-15; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register: January 22, 2009 (Volume 74, Number 13)]
[Notices]
[Page 4034-4035]
[DOCID:fr22ja09-43]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2008-0371; FRL-8763-9]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Flexible Polyurethane
Foam Fabrication, Renewal, EPA ICR Number 2027.04, OMB Control Number
2060-0516

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before February 23,
2009.

ADDRESSES: Submit your comments, referencing docket ID number EPA-OECA-
2008-0371, to (1) EPA online using www.regulations.gov (our preferred
method), or by e-mail to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center (EPA/DC), Environmental Protection Agency, Enforcement and
Compliance Docket and Information Center, mail code 2201T , 1200
Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB at: Office
of Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Sounjay Gairola, Office of Enforcement
and Compliance Assurance, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
564-4003; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 30, 2008 (73 FR 31088), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2008-0371, which is available for public viewing
online at http://www.regulations.gov, in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov, as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to
www.regulations.gov.
    Title: NESHAP for Flexible Polyurethane Foam Fabrication (Renewal)
    ICR Numbers: EPA ICR Number 2027.04, OMB Control Number 2060-0516.
    ICR Status: This ICR is scheduled to expire on March 31, 2009.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
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. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Flexible Polyurethane Foam Fabrication (40 CFR
part 63, subpart MMMMM) were proposed on August 8, 2001 (66 FR 41729)
and promulgated on April 14, 2003 (68 FR 18062).
    The affected entities are subject to the General Provisions of the
NESHAP at 40 CFR part 63, subpart A, and any changes, or additions to
the General Provisions specified at 40 CFR part 63, subpart MMMMM.
    Owners or operators of the affected facilities must submit a one-
time-only report of any physical or operational changes, initial
performance tests, and periodic reports and results. Owners or
operators 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. Reports, at a minimum, are required semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 90
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and

requirements which have subsequently changed; train personnel to be
able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.
    Respondents/Affected Entities: Flexible polyurethane foam
fabrication facilities.
    Estimated Number of Respondents: 11.
    Frequency of Response: Initially, occasionally, semiannually, and
annually.
    Estimated Total Annual Hour Burden: 12,303.
    Estimated Total Annual Cost: $1,004,834, which includes: labor
costs of $1,002,163, annualized capital/startup costs of $997, and
$1,674 in O&M costs.
    Changes in the Estimates: There is no change in the total estimated
burden currently identified in the OMB Inventory of Approved ICR
Burdens. Apparent differences of less than 500 hours are attributable
to rounding; in previous years, hours were rounded to the nearest
thousand; this ICR presents more exact figures.

    Dated: January 13, 2009.
John Moses,
Acting Director, Collection Strategies Division.
[FR Doc. E9-1169 Filed 1-21-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: September 24, 2007 (Volume 72, Number 184)]
[Notices]
[Page 54309-54312]
[DOCID:fr24se07-79]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56458; File No. SR-CBOE-2007-107]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Regarding Continuation of Temporary Membership Status From
and After Commission Approval of a Pending Rule Interpretation
Concerning Exercise Right Eligibility

September 18, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 10, 2007, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been substantially
prepared by the CBOE. The Exchange has designated this proposal as one
constituting a stated policy, practice, or interpretation with respect
to the meaning, administration, or enforcement of an existing rule
under Section 19(b)(3)(A)(i) of the Act \3\ and Rule 19b-4(f)(1)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    CBOE proposes to adopt new Interpretation and Policy .02 of CBOE
Rule 3.19 that continues the temporary membership status provided to
certain persons under existing Interpretation and Policy .01 of CBOE
Rule 3.19 from and after any approval of SR-CBOE-2006-106.\5\ The text
of proposed Interpretation and Policy .02 of CBOE Rule 3.19 is set
forth below (since Interpretation and Policy .02 of CBOE Rule 3.19 is
completely new, its text is italicized).
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 55190 (January 29,
2007), 72 FR 5472 (February 6, 2007). The Exchange filed SR-CBOE-
2006-106 on December 12, 2006. On January 17, 2007, the Exchange
filed Amendment No. 1 to the proposed rule change. Numerous comments
were received, and the Exchange responded to those comments on June
15, 2007. On June 29, 2007, the Exchange filed a partial amendment,
Amendment No. 2, to the proposed rule change.
---------------------------------------------------------------------------

Chicago Board Options Exchange, Incorporated Rules

* * * * *
    Rule 3.19. No change.

* * * Interpretations and Policies:

    .01 No change.
    .02 A person (``Temporary Member'') who has been granted temporary
membership (``Temporary Membership'') status at the Exchange pursuant
to Interpretation and Policy .01 of this Rule 3.19 shall continue in
that Temporary Membership status after the Commission's approval of SR-
CBOE-2006-106, if and only if such person (i) has not previously
terminated that Temporary Membership status and remains in good
standing as of the close of business on the trading day immediately
before the date of that approval, (ii) thereafter remains in good
standing and continues to pay all applicable fees, dues, assessments
and other like charges that are assessed against CBOE members, and
(iii) pays to the Exchange a monthly access fee set by the Exchange,
which shall be due and payable in accordance with the provisions of the
Exchange Fee Schedule. Such access fee shall be paid directly to the
Exchange and shall not be escrowed.
    The Temporary Membership status granted to a Temporary Member
pursuant to this Interpretation and Policy .02 shall terminate upon the
earlier of (i) the voluntary termination of that Temporary Membership
status by the Temporary Member, (ii) the approval by the Commission of
a further proposed rule change that provides for the termination of
that status and the granting of trading permits or another form of
trading access to Temporary Members, or (iii) the consummation of a
transaction pursuant to which either CBOE is converted into a stock
corporation or memberships in CBOE are converted into stock. Temporary
Members shall be subject to the regulatory jurisdiction of CBOE under
the Act, the Constitution and the Rules, including CBOE's disciplinary
jurisdiction under Chapter XVII.
* * * * *

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

    In its filing with the Commission, CBOE 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. CBOE 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 filed this proposed rule change with the Commission to
continue the temporary membership (``Temporary Membership'') status,
including trading access, of persons (``Temporary Members'') who
currently enjoy that status pursuant to Interpretation and Policy .01
of CBOE Rule 3.19 from and after the time their current Temporary
Membership status would otherwise terminate if the Commission were to
approve SR-CBOE-2006-106. The underlying purpose of this proposed rule
change is to ensure fair and orderly markets at the Exchange when as
many as 229 former exerciser members cease to be eligible to remain
members of the Exchange under Interpretation and Policy .01 of CBOE
Rule 3.19, upon an approval of SR-CBOE-2006-106 by the Commission.\6\
---------------------------------------------------------------------------

    \6\ According to the Exchange, there currently are 229 former
exerciser members that qualify for temporary membership status under
Interpretation and Policy .01 of CBOE Rule 3.19.
---------------------------------------------------------------------------

Continuation of Temporary Membership Status

    In SR-CBOE-2006-106, CBOE proposed an interpretation of paragraph
(b) of Article Fifth of the CBOE Certificate of Incorporation
(``Article Fifth(b)'') to address the impact of the then-proposed
acquisition of The Board of Trade of the City of Chicago, Inc.
(``CBOT'') by Chicago Mercantile Exchange Holdings Inc. (``CME
Holdings'') on the eligibility of persons who were members of CBOE
(``exerciser members'') pursuant to Article Fifth(b) (the right
provided under this provision is sometimes referred to as the
``exercise right'').\7\ Under that interpretation, the consummation of
the CME/CBOT Transaction resulted in no person any longer qualifying as
a member of the CBOT within the meaning of Article Fifth(b) and
therefore resulted in the elimination of any person's eligibility to
qualify thereafter to become or remain an exerciser member of the
Exchange.

Thus, if the Commission were to approve SR-CBOE-2006-106, and in the
absence of any provision for continuing the membership status of such
persons on a temporary basis after that approval, former exerciser
members would cease to be entitled, among other things, to trade on the
Exchange.
---------------------------------------------------------------------------

    \7\ CME Holdings proposed to acquire CBOT by merging CME
Holdings with CBOT Holdings, Inc. (``CBOT Holdings''), of which CBOT
was a wholly-owned subsidiary (the ``CME/CBOT Transaction''). The
CME/CBOT Transaction was consummated on July 12, 2007.
---------------------------------------------------------------------------

    In SR-CBOE-2006-106, the Exchange stated that it was prepared to
maintain the status quo for some period of time after the exercise
right was terminated, in order to control the risk that the loss of
exerciser members upon the termination of the exercise right might
adversely affect liquidity in CBOE's market. The Exchange also stated
that this result would be accomplished by staying, for an interim
period of time, the impact of the termination of the exercise right on
the trading access of those individuals who were exerciser members of
CBOE on a designated cut-off date, and that this action would permit
those individuals to continue to trade on CBOE in the capacity of CBOE
members during that interim period. The Exchange indicated that this
decision to stay the effectiveness of what otherwise would result in a
termination of trading access was analogous to the right of the
Exchange under CBOE Rule 3.19. The Exchange also indicated that this
interim period would continue for so long as necessary to avoid any
disruption to the market as a result of the loss of exerciser members,
which could involve the Exchange adopting a plan to provide some form
of trading access to such persons in the absence of the exercise right.
In other words, the Exchange envisioned that this interim period would
start upon the approval of SR-CBOE-2006-106, with the Exchange
initially maintaining the status quo for former exerciser members, and
could eventually involve the adoption of a plan to provide some form of
trading access to former exerciser members through trading permits or
some other form of substitute trading access rights, at which point the
interim period would terminate and trading access would be provided
under such substitute trading access rights. SR-CBOE-2006-106
contemplated that any such substitute trading access rights would
require the approval of CBOE members under Section 2.1 of the
Exchange's Constitution, and would be subject to the approval of the
Commission under Section 19(b) of the Act.\8\
---------------------------------------------------------------------------

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

    While SR-CBOE-2006-106 was pending before the Commission, the
Exchange was faced with a situation that was not addressed in that
filing, when the CME/CBOT Transaction was consummated before the
Commission had acted on SR-CBOE-2006-106. In response to that impending
situation, the Exchange adopted Interpretation and Policy .01 of CBOE
Rule 3.19 to provide temporary trading access to certain former
exerciser members. Under that interpretation, these Temporary Members
have been granted continued membership status on a temporary basis--
including the right to trade--following the consummation of the CME/
CBOT Transaction on July 12, 2007. However, under the express terms of
that interpretation, that Temporary Membership status will terminate
upon any approval of SR-CBOE-2006-106.\9\ The Exchange also indicated
in the rule filing adopting Interpretation and Policy .01 that, as
contemplated in SR-CBOE-2006-106, there would be a different temporary
access plan to address transitional issues that would arise from the
approval of SR-CBOE-2006-106.\10 \
---------------------------------------------------------------------------

    \9\ Interpretation and Policy .01 allows a Temporary Member to
maintain Temporary Membership status at the Exchange if and only if
such person (i) remains in good standing and continues to pay all
applicable fees, dues, assessments and other like charges that are
assessed against CBOE members, and (ii) pays to the Exchange a
monthly access fee. A person who has voluntarily terminated a
Temporary Membership is no longer a member in good standing, and
consequently would cease to be eligible for the Temporary Membership
status provided under that interpretation. If that person seeks to
access the Exchange as a member of the Exchange after such a
termination, that person will need to lease or purchase a
transferable Exchange membership.
    \10\ See Securities Exchange Act Release No. 56016 (July 5,
2007), 72 FR 38106 (July 12, 2007) (SR-CBOE-2007-77).
---------------------------------------------------------------------------

    The Exchange is filing this proposed rule change to implement its
original intention, as reflected in SR-CBOE-2006-106, to maintain the
status quo for former exerciser members by providing them with an
interim period of trading access after the approval of that filing. The
Exchange believes that this rule change is appropriate to prevent any
disruption that might occur in the Exchange's markets if former
exerciser members suddenly lost all rights to trade on the Exchange if
the Commission were to approve SR-CBOE-2006-106. To avoid the
possibility of such a disruption, the Exchange proposes to provide
interim trading access by adopting Interpretation and Policy .02 of
CBOE Rule 3.19. This interpretation will extend the Temporary
Membership status provided to Temporary Members under Interpretation
and Policy .01 of CBOE Rule 3.19.\11\ Under Interpretation and Policy
.02, this Temporary Membership status will be conditioned on the
Temporary Member: (i) Not having previously terminated that Temporary
Membership status and thereafter remaining in good standing, (ii)
continuing to pay all applicable fees, dues, assessments and other like
charges that are assessed against CBOE members, and (iii) paying to the
Exchange a monthly access fee.\12 \
---------------------------------------------------------------------------

    \11\ As long as they remain Temporary Members, these persons
will continue to possess all of the rights, and be subject to all of
the obligations, of exerciser members prior to the CME/CBOT
Transaction.
    \12\ Interpretation and Policy .01 of CBOE Rule 3.19 requires,
among other things, persons to have been exerciser members of the
Exchange as of July 1, 2007 to qualify for the Temporary Membership
status provided under that interpretation. This cut-off date was
chosen to ensure that only those persons who had a bona fide
interest in trading on CBOE qualified for the Temporary Membership
status in Interpretation and Policy .01. For this reason, as well as
the reasons given for adopting Interpretation and Policy .01, the
Exchange believes that this cut-off date also is appropriate for
Interpretation and Policy .02.
---------------------------------------------------------------------------

    The interim trading access plan contained in Interpretation and
Policy .02 of CBOE Rule 3.19 addresses the extenuating circumstances
that would be faced by the Exchange if SR-CBOE-2006-106 were approved
and, by virtue of that approval, Interpretation and Policy .01 of Rule
3.19 ceases to apply. Although the Exchange in SR-CBOE-2006-106
indicated that its decision to stay the effectiveness of the
termination of trading access upon the approval of that filing was
``analogous'' to the right of the Exchange under CBOE Rule 3.19, the
Exchange subsequently has determined that it is appropriate to rely on
CBOE Rule 3.19 itself to provide trading access to Temporary Members.
Rule 3.19 allows the Exchange, if the Exchange finds extenuating
circumstances, to permit a member to retain the member's membership
status for such period of time as the Exchange deems reasonably
necessary to enable that person to obtain a membership under those
extenuating circumstances.
    Because the Exchange's goal in providing interim trading access
under Interpretation and Policy .02 of CBOE Rule 3.19 is to avoid any
disruption to the Exchange's markets as a result of the sudden loss of
Temporary Members, the Exchange proposes to continue the Temporary
Membership status of Temporary Members without requiring any action by
them and without requiring that they hold any particular interests in
CBOT. Rather, the Exchange will determine who is an eligible Temporary
Member under the provisions of this interpretation and will take
appropriate action to ensure that those persons retain their Temporary
Membership status. Of

course, Temporary Members will be subject to the regulatory
jurisdiction of CBOE under the Act, the Constitution and the Rules,
including CBOE's disciplinary jurisdiction under Chapter XVII.
    The Exchange states that Interpretation and Policy .02 of CBOE Rule
3.19 does not trigger the membership vote provision found in Section
2.1 of the Exchange's Constitution. That provision applies only when
the Exchange issues ``new'' memberships. In contrast, Interpretation
and Policy .02 temporarily preserves the membership rights of existing
Temporary Members if and as of the time that the Commission approves
SR-CBOE-2006-106. Because the interpretation would not create any new
memberships or trading rights, no membership approval is required under
Section 2.1 of the Exchange's Constitution or otherwise.

Duration of Temporary Membership Status

    CBOE Rule 3.19 provides CBOE with the authority to allow members to
retain their membership status for such time as is reasonably necessary
for such persons to obtain a membership under the extenuating
circumstances that necessitated application of CBOE Rule 3.19. There
are several extenuating circumstances that would continue to exist if
the Commission were to approve SR-CBOE-2006-106. Most importantly, but
for Interpretation and Policy .02 of CBOE Rule 3.19, any approval of
SR-CBOE-2006-106 would cause the sudden loss of as many as 229
Temporary Members who then would be providing liquidity to the
Exchange's markets.\13\ In addition, there is a strong likelihood that
there will be an insufficient number of transferable Exchange
memberships available for purchase or lease by Temporary Members upon
that approval. In accordance with its original plan, as reflected in
SR-CBOE-2006-106, the Exchange intends to offer trading permits or some
other form of substitute trading access rights to Temporary Members
after the approval of SR-CBOE-2006-106. However, given the current
legal controversy surrounding the effect of that approval on the rights
claimed by former exerciser members and by persons who assert the right
to become exerciser members,\14\ the Exchange does not believe it is
possible at this time to formulate prudently such a trading rights plan
and to submit it for Exchange membership approval, as required under
Section 2.1 of the Exchange's Constitution. Instead, the Exchange
intends to design that trading access rights plan after Commission
approval of SR-CBOE-2006-106 should such approval be given, and
possibly other developments, provide the Exchange with appropriate
guidance about the legal backdrop that may affect the structure of that
trading access rights plan. In light of these extenuating
circumstances, the Exchange believes that it is reasonably necessary
for Temporary Memberships to continue in place until such a well-
defined trading access rights plan could be developed and put in place
if the Commission were to approve SR-CBOE-2006-106. Accordingly, under
Interpretation and Policy .02 of CBOE Rule 3.19, the Temporary
Membership status granted to a Temporary Member would continue, absent
voluntary termination of that Temporary Membership status by the
Temporary Member, until the earlier of (i) the approval by the
Commission of a further proposed rule change that provides for the
termination of that status and for the granting of trading permits or
other form of substitute trading access rights to Temporary Members or
(ii) the consummation of a transaction pursuant to which either CBOE is
converted into a stock corporation or memberships in CBOE are converted
into stock (collectively, a ``Demutualization Transaction''). Each of
these events would grant trading permits or other form of substitute
trading access rights to Temporary Members, and each would be subject
to the approval of CBOE members under Section 2.1 of the Exchange's
Constitution and to the approval of the Commission under Section 19(b)
of the Act.\15\
---------------------------------------------------------------------------

    \13\ According to the Exchange, as of September 6, 2007,
approximately 17 of these Temporary Members were registered to trade
on behalf of Designated Primary Market-Makers (``DPMs''), while 154
of them were registered to trade as Market-Makers, and 46 were
registered to trade as either Remote Market-Makers or on behalf of
Electronic DPMs.
    \14\ In current litigation, purported representatives of such
persons have claimed that their rights survive the CME/CBOT
Transaction and would not be affected by approval of SR-CBOE-2006-
106.
    \15\ 15 U.S.C. 78s(b).
---------------------------------------------------------------------------

Trading Access Fees

    Currently, pursuant to Interpretation and Policy .01 of CBOE Rule
3.19 and the Exchange Fee Schedule, Temporary Members are required to
pay a monthly access fee of $4700 per month.\16\ The amount of this fee
was based on the then-current monthly lease fees being paid to lessors
of the interest that CBOT denominates as a full CBOT membership, as
reflected in published lease fee information. Because the Commission
has not yet determined whether to approve SR-CBOE-2006-106, those fees
are being held in an interest-bearing escrow account maintained by the
Exchange, and will be distributed in a manner consistent with any
Commission action on SR-CBOE-2006-106.\17\
---------------------------------------------------------------------------

    \16\ See Securities Exchange Act Release No. 56197 (August 3,
2007), 72 FR 44897 (August 9, 2007) (SR-CBOE-2007-91).
    \17\ Under its proposed rule change, the Exchange would retain
the access fees if the Commission approves SR-CBOE-2006-106, and the
fees would be returned to the payor with interest if the Commission
disapproves SR-CBOE-2006-106. See Securities Exchange Act Release
No. 56016 (July 5, 2007), 72 FR 38106 (July 12, 2007) (SR-CBOE-2007-
77).
---------------------------------------------------------------------------

    If the Commission approves SR-CBOE-2006-106, former exerciser
members no longer would have any right of trading access in the
capacity of an exerciser member. However, pursuant to Interpretation
and Policy .02, they would continue to have trading access to the
Exchange as Temporary Members. Accordingly, it is appropriate that
these persons pay the Exchange a fee for the temporary continued
trading access that they will be granted, and an escrow no longer will
be appropriate because the Commission will have approved SR-CBOE-2006-
106. The Exchange therefore proposes that these monthly access fees be
paid directly to the Exchange and that they not be escrowed.
    The Exchange will modify the amount of the monthly access fee if
SR-CBOE-2006-106 is approved. In this regard, absent Interpretation and
Policy .02 of CBOE Rule 3.19, Temporary Members would need to lease (or
purchase) transferable Exchange memberships to continue to have trading
access to the Exchange after the approval of SR-CBOE-2006-106. The
Exchange therefore believes that the appropriate amount of the monthly
access fee after such approval should be an amount reasonably related
to the current lease market rate for transferable Exchange memberships.
The Exchange will file a rule change relating to that amount in a
separate proposed rule change that will be filed with the Commission
under Section 19(b)(3)(A) of the Act.\18\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
---------------------------------------------------------------------------

Filing Pursuant to Section 19(b)(3)(A) of the Act \19\

    The Exchange is filing Interpretation and Policy .02 of CBOE Rule
3.19 pursuant to Section 19(b)(3)(A) of the Act.\20\ As was the case in
respect of Interpretation and Policy .01, Interpretation and Policy
+.02

constitutes a stated policy, practice, or interpretation with respect
to the meaning, administration, or enforcement of an existing rule and
therefore qualifies for filing under Section 19(b)(3)(A).\21\ According
to Commission Rule 19b-4(b)(2)(ii),\22\ a ``stated policy, practice or
interpretation'' means, among other things, ``[a]ny statement made
generally available to the membership of * * * or to persons having or
seeking access * * * to the facilities of [the Exchange] * * * with
respect to * * * the meaning * * * of an existing rule.''
Interpretation and Policy .02 of CBOE Rule 3.19 is such a statement
made to the entire membership of CBOE, and to those who are ``seeking
access'' to CBOE, ``with respect to the meaning of an existing rule''--
namely, CBOE Rule 3.19. CBOE Rule 3.19 provides in general for the
temporary continuation of a person's membership status when that
membership status is lost under ``extenuating circumstances'' and
provides that the membership status may be continued for a period of
time that the Exchange determines to be ``reasonably necessary'' to
allow a substitute membership to be obtained. Interpretation and Policy
.02 applies those general standards to the present situation. In
particular, as more fully set forth above, the interpretation
identifies several circumstances that would exist if the Commission
were to approve SR-CBOE-2006-106 as qualifying as ``extenuating
circumstances'' that make it appropriate to allow Temporary Members to
continue in that membership status after that approval. In addition,
the interpretation construes the duration of that continued Temporary
Membership status that is ``reasonably necessary'' in light of those
extenuating circumstances. The interpretation of those elements of CBOE
Rule 3.19 is an interpretation of the ``meaning of an existing rule''
and therefore is appropriately submitted under Section 19(b)(3)(A).\23\
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 17 CFR 240.19b-4(b)(2)(ii).
    \23\ 15 U.S.C. 78s(b)(3)(A).
---------------------------------------------------------------------------

    Although the proposed rule change will be effective upon filing, it
will not become operative, in accordance with its terms, unless the
Commission were to approve SR-CBOE-2006-106. Accordingly, the actual
implementation of Interpretation and Policy .02 of CBOE Rule 3.19 is
dependent on Commission action on SR-CBOE-2006-106.

General Reasons Supporting the Proposed Rule Change

    The Exchange believes that the proposed rule change preserves fair
and orderly markets at CBOE by avoiding the sudden loss of as many as
229 Temporary Members who presently are contributing liquidity to
CBOE's markets. Moreover, the proposed rule change treats these
Temporary Members fairly by avoiding the immediate termination of their
trading access on the Exchange upon the approval of SR-CBOE-2006-106.
2. Statutory Basis
    For the reasons discussed above, the Exchange believes that the
proposed rule change is consistent with Section 6(b) of the Act,\24\ in
general, and furthers the particular objectives of Section 6(b)(5) of
the Act.\25\ In particular, the proposed rule change 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, in
general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(b).
    \25\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \26\ and paragraph (f) of Rule 19b-4
thereunder.\27\ At any time within 60 days of the filing of the
proposed rule change, the Commission may summarily abrogate such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(3)(A).
    \27\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-CBOE-2007-107 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2007-107. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, on official business
days between the hours of 10 am and 3 pm. Copies of the filing also
will be available for inspection and copying at the principal office of
CBOE. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
CBOE-2007-107 and should be submitted on or before October 15, 2007.
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    \28\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\28\
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-18730 Filed 9-21-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Notices]
[Pages 51348-51349]
[FR Doc No: 2015-20482]

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 DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

 Office of Hazardous Materials Safety; Hazardous Materials:
Notice of Application for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the ``Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft.

DATES: Comments must be received on or before September 23, 2015.

ADDRESSES: Address comments to: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Special Permits and Approvals, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey

Avenue Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on August 5, 2015.
Donald Burger,
Chief, General Approvals and Permits.

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                                                                     Regulation(s)     Nature of special permits
     Application No.        Docket No.          Applicant              affected                 thereof
----------------------------------------------------------------------------------------------------------------
                                               New Special Permits
----------------------------------------------------------------------------------------------------------------
16526-N.................  ..............  Helimax Aviation,      49 CFR 172.101        To authorize the
                                           Inc., McClellan        Hazardous Materials   transportation in
                                           Park, CA.              Table Column (9B),    commerce in the U.S.
                                                                  Subpart C of Part     only of certain
                                                                  172, 172.301(c),      hazardous materials by
                                                                  175.30, Part 173.     14 CFR part 133
                                                                                Rotorcraft Load External
                                                                                Operations transporting
                                                                                hazardous materials
                                                                                attached to or suspended
                                                                                from an aircraft and 14
                                                                                CFR part 135 operations
                                                                                transporting hazardous
                                                                                materials on board an
                                                                                aircraft. Such
                                                                                transportation is in
                                                                                support of construction
                                                                                operations when the use
                                                                                of cranes or other
                                                                                lifting devices is
                                                                                impracticable or
                                                                                unavailable or when
                                                                                aircraft is the only
                                                                                means of transportation,
                                                                                without being subject to
                                                                                certain hazard
                                                                                communication
                                                                                requirements, quantity
                                                                                limitations, packaging
                                                                                and loading and storage
                                                                                requirements. (mode 4).
16530-N.................  ..............  3M Company, Saint      49 CFR 173.301(f)...  To authorize the
                                           Paul, MN.                                    transportation in
                                                                                commerce of certain DOT
                                                                                specification cylinders
                                                                                containing certain toxic
                                                                                gases without pressure
                                                                                relief devices. (modes
                                                                                1, 2, 3).
16532-N.................  ..............  Kinsbursky Brothers    49 CFR 173.185(f)...  To authorize the
                                           Supply Inc.,                                 transportation in
                                           Anaheim, CA.                                 commerce of certain
                                                                                lithium ion cells and
                                                                                batteries and lithium
                                                                                metal cells and
                                                                                batteries in alternative
                                                                                packaging. (modes 1, 2).
16535-N.................  ..............  National Aeronautics   49 CFR                To authorize the
                                           and Space              173.301(h)(3),        transportation in
                                           Administration,        173.302a.             commerce of non-DOT
                                           Washington, DC.                              specification cylinders
                                                                                containing compressed
                                                                                nitrogen. (modes 1, 2,
                                                                                4, 5).
16536-N.................  ..............  FIBA Technologies,     49 CFR 172.203(a),    To authorize the
                                           Inc., Littleton, MA.   178.37(k)(2)(i),      manufacture, mark, sale
                                                                  178.45(j)(1).         and use of cylinders
                                                                                conforming with all
                                                                                regulations applicable
                                                                                to DOT Specifications
                                                                                3AA, 3AAX and 3T, except
                                                                                as specified herein.
                                                                                (modes 1, 2, 3, 4, 5).
16537-N.................  ..............  Occidental Chemical    49 CFR 174.50,        To authorize the
                                           Corporation, Dallas,   179.15, 179.100-3.    transportation in
                                           TX.                                          commerce of clean and
                                                                                empty DOT 105J500W tank
                                                                                cars without pressure
                                                                                relief devices or
                                                                                loading and unloading
                                                                                valves, when being moved
                                                                                between tank car
                                                                                facilities for the
                                                                                purpose of
                                                                                requalification, as
                                                                                exempt from the FRA
                                                                                approval requirements in
                                                                                49 CFR 174.50. (mode 2).
16540-N.................  ..............  GLI Citergaz, Civray,  49 CFR 172.102(b)(3)  To authorize the
                                           France.                Special Provision     manufacture, mark, sale
                                                                  B77, 172.102(c)(7),   and use of a non-DOT
                                                                  172.102(c)(8)         specification portable
                                                                  Special Provision     tank conforming to the
                                                                  TP38, 178.274(b),     requirements specified
                                                                  178.277(b)(1).        in Sec.   172.102(c)(7)
                                                                                portable tank code T50
                                                                                that have been designed,
                                                                                constructed and stamped
                                                                                in accordance with the
                                                                                latest edition of
                                                                                Section VIII, Division 1
                                                                                of the ASME Code with a
                                                                                design margin of 3.5:1
                                                                                for the transportation
                                                                                in commerce of certain
                                                                                Division 2.3, Class 3,
                                                                                Division 6.1 and Class 8
                                                                                materials. (modes 1, 3).
16542-N.................  ..............  Retriev Technologies,  49 CFR 173.185(f)...  To authorize the
                                           Lancaster, OH.                               transportation in
                                                                                commerce of certain
                                                                                lithium ion cells and
                                                                                batteries and lithium
                                                                                metal cells and
                                                                                batteries in alternative
                                                                                packaging. (modes 1, 2).
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[FR Doc. 2015-20482 Filed 8-21-15; 8:45 am]
BILLING CODE 4909-60-M