[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Notices]
[Pages 28680-28681]
[FR Doc No: 2013-11407]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69544; File No. SR-ICEEU-2013-07]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Delivery Procedures To Reflect the Clearing Relationship for ICE
Futures Europe

May 9, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 24, 2013, ICE Clear Europe Limited (``ICE Clear Europe'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared primarily by ICE Clear Europe. ICE Clear
Europe filed the proposal pursuant to Section 19(b)(3)(A)(iii) \3\ of
the Act, and Rule 19b-4(f)(4)(ii) \4\ thereunder, so that the proposal
was effective upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(4)(ii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The principal purpose of the rule amendments is to permit ICE Clear
Europe to act as the clearing organization for certain futures and
options contracts listed on ICE Futures Europe. The rule amendments
consist of various conforming and technical changes to the Delivery
Procedures to reflect new futures contracts to be listed on ICE Futures
Europe. All capitalized terms not defined herein are defined in the ICE
Clear Europe Delivery Procedures.

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

    In its filing with the Commission, ICE Clear Europe 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. ICE Clear Europe has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of these statements.\5\
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    \5\ The Commission has modified the text of the summaries
prepared by ICE Clear Europe.
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A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    ICE Clear Europe will act as the clearing organization for certain
futures and options contracts listed on ICE Futures Europe, a
designated contract market with the Commodity Futures Trading
Commission. The rule amendments consist of various conforming and
technical changes to existing ICE Clear Europe Delivery Procedures to
reflect the addition of new futures products.
    Specifically, Sections A, C, and D of the ICE Clear Europe Delivery
Procedures has been updated to account for new futures products, among
other revisions. Among other things, Section A of the Delivery
Procedures relating to emissions contracts has been amended to reflect
changes to EU legislation, the use of a single EU registry, and certain
new emissions contracts previously launched by ICE Futures Europe. The
definition of the term ``Delivery Month'' in Section C has been revised
to account of each individual product.
    ICE Clear Europe made the emissions and auction changes effective
on December 5, 2012. The electricity and natural gas contract changes
were to be made effective on April 29, 2013.
    Section 17A(b)(3)(F) of the Act \6\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities transactions and,
to the extent applicable, derivative agreements, contracts, and
transactions. ICE Clear Europe believes that the proposed rule changes
are consistent with the requirements of the Act and the rules and
regulations thereunder applicable to ICE Clear Europe, in particular,
with Section 17A(b)(3)(F).\7\
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    \6\ 15 U.S.C. 78q-1(b)(3)(F).
    \7\ Id.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed change would have
any impact, or impose any burden, on competition.

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

    Written comments relating to the proposed change were solicited,
but no comments were received. ICE Clear Europe will notify the
Commission of any written comments received by ICE Clear Europe.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(iii) \8\ of the Act and Rule 19b-4(f)(4)(ii) \9\
thereunder because it effects a change in an existing service of a
registered clearing agency that primarily affects the futures clearing
operations of the clearing agency with respect to futures that are not
security futures and does not significantly affect any securities
clearing operations of the clearing agency or any related rights or
obligations of the clearing agency or

persons using such service. At any time within 60 days of the filing of
the proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.\10\
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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(4)(ii).
    \10\ 15 U.S.C. 78s(b)(3)(C).
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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-ICEEU-2013-07 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2013-07. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filings also will be available for inspection
and copying at the principal office of ICE Clear Europe and on ICE
Clear Europe's Web site at https://www.theice.com/publicdocs/regulatory_filings/ICEU_SEC_042413.pdf.
    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-ICEEU-2013-07
and should be submitted on or before June 5, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary .
[FR Doc. 2013-11407 Filed 5-14-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Proposed Rules]
[Pages 34881-34883]
[FR Doc No: 2012-14253]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0498; Directorate Identifier 2011-NM-212-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 747-400, -400D, and -400F series
airplanes. This proposed AD was prompted by reports of crown frame web
cracking at left buttock line (LBL) 15.0, station (STA) 320. This
proposed AD would require a measurement of the web at STA 320 and,
depending on findings, various inspections for cracks and missing
fasteners, web and fastener replacement, and related investigative and
corrective actions. We are proposing this AD to prevent complete
fracture of the crown frame assembly, and consequent damage to the skin
and in-flight decompression of the airplane.

DATES: We must receive comments on this proposed AD by July 27, 2012.

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 http://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 service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Bill Ashforth, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-
917-6432; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2012-0498;
Directorate Identifier 2011-NM-212-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received five reports of crown frame web cracking at left
buttock line (LBL) 15.0, station (STA) 320. One airplane crack length
was not specified and reported at 9,456 flight cycles. Three cracks of
0.65 inch in length were reported after 9,354 flight cycles on one
airplane, 12,851 flight cycles on the second airplane, and 29,866
flight cycles on the third airplane. A crack of 0.85 inch was reported
at 29,956 flight cycles on another airplane.
    Investigation revealed that in these airplanes, the web was made
from 0.08-inch thick material and did not conform to production
drawings. Also, an operator reported missing fasteners from locations
common to the frame web and lower chord on the first delivered Model
747-400 after 10,317 flight cycles. This airplane also had a web made
from 0.08-inch thick material and did not conform to production
drawings.
    This condition, if not corrected, could result in complete fracture
of the crown frame assembly, and consequent damage to the skin and in-
flight decompression of the airplane.

Relevant Service Information

    We reviewed Boeing Service Bulletin 747-53A2784, Revision 1, dated
September 14, 2011. For information on the procedures and compliance
times, see this service information at http://

www.regulations.gov by searching for Docket No. FAA No. FAA-2012-0498.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information identified previously, except as discussed
under ``Differences Between the Proposed AD and the Service
Information.'' This proposed AD also provides options for accomplishing
the actions that are required for airplanes on which no cracking is
found in the crown frame web.
    The phrase ``related investigative actions'' is used in this
proposed AD. ``Related investigative actions'' are those actions that
are identified as follow-on actions that are: (1) Related to the
preceding required action, and (2) are on-condition actions that
further investigate the nature of any condition found. Related
investigative actions could include, for example, inspections and
operational tests.
    In addition, the phrase ``corrective actions'' is used in this
proposed AD. ``Corrective actions'' are those actions that are on-
condition actions that correct or address any condition found.
Corrective actions could include, for example, repairs, removal and
replacement, and modifications.
    Accomplishment of the inspection required by AD 2009-19-05,
Amendment 39-16022 (74 FR 48138, September 22, 2009), would terminate
the requirements of the post-replacement inspections required by
paragraph (j) of this proposed AD.

Differences Between the Proposed AD and the Service Information

    Boeing Service Bulletin 747-53A2784, Revision 1, dated September
14, 2011, specifies to contact the manufacturer for instructions on how
to repair certain conditions, but this proposed AD would require
repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 29 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Action                        Labor cost               Parts cost             Cost per product              Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Measurement.......................  1 work-hour x $85 per      $0....................  $85......................  $2,465.
                                     hour = $85.
Inspection and web replacement....  208 work-hours x $85 per   Up to $21,887.........  Up to $39,567............  Up to $1,147,443.
                                     hour = $17,680.
Post-replacement inspection.......  135 work-hours x $85 per   $0....................  $11,475 per inspection     $332,775 per inspection cycle.
                                     hour = $11,475 per                                 cycle.
                                     inspection cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition crack repairs specified in this
proposed AD.

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.
    We are 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

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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

    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]

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

The Boeing Company: Docket No. FAA-2012-0498; Directorate Identifier
2011-NM-212-AD.

(a) Comments Due Date

    We must receive comments by July 27, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-400, -400D, and
-400F series airplanes, certificated in any category, as specified
in Boeing Service Bulletin 747-53A2784, Revision 1, dated September
14, 2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of crown frame web cracking at
left buttock line (LBL) 15.0, station (STA) 320. We are proposing
this AD to prevent complete fracture of the crown frame assembly,
and consequent damage to the skin and in-flight decompression of the
airplane.

(f) Compliance

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

(g) Crown Frame Web Measurement

    At the applicable compliance time specified in paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 747-53A2784, Revision 1,
dated September 14, 2011, except as specified in paragraph (k)(1) of
this AD, measure the thickness of the crown frame web at station
(STA) 320, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 747-53A2784, Revision 1, dated September 14,
2011. For airplanes with a 0.136 to 0.145-inch-thick web, no further
action is required by this AD.

(h) Detailed Inspection and Web Replacement With No Web Repair Doubler

    For airplanes on which the web measures 0.078- to 0.083-inch
thick during the measurement required by paragraph (g) of this AD,
and on which repair doubler is not installed: At the applicable time
specified in paragraph 1.E., ``Compliance,'' of Boeing Service
Bulletin 747-53A2784, Revision 1, dated September 14, 2011, except
as specified in paragraph (k)(1) of this AD, do a detailed
inspection for cracks and a general visual inspection for missing
fasteners of the crown frame web at STA 320; and do all applicable
related investigative and corrective actions; in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 747-53A2784,
Revision 1, dated September 14, 2011, except as specified in
paragraph (k)(2) of this AD. Do the applicable related investigative
and corrective actions at the applicable times in paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 747-53A2784, Revision 1,
dated September 14, 2011, except as specified in paragraph (k)(1) of
this AD. Boeing Service Bulletin 747-53A2784, Revision 1, dated
September 14, 2011, provides options for accomplishing the actions
that are required for airplanes on which no cracking is found in the
crown frame web.

(i) Detailed Inspection and Web Replacement With Web Repair Doubler

    For airplanes on which the web measures 0.078- to 0.083-inch
thick during the measurement required by paragraph (g) of this AD,
and on which a repair doubler is installed: At the applicable
compliance time specified in paragraph 1.E., ``Compliance,'' of
Boeing Service Bulletin 747-53A2784, Revision 1, dated September 14,
2011, except as specified in paragraph (k)(1) of this AD, do the
actions specified in paragraphs (i)(1) and (i)(2) of this AD, and do
all applicable corrective actions, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 747-53A2784,
Revision 1, dated September 14, 2011, except as provided by
paragraph (k)(2) of this AD. Do all applicable corrective actions
before further flight.
    (1) Replace the web with a new web and do all applicable related
investigative actions.
    (2) Do a detailed inspection for cracks in the upper or lower
chord of the crown frame web at STA 320.

(j) Post-Replacement Repetitive Inspections of Replaced Web

    Following any web replacement required by this AD, at the times
specified in paragraph 1.E., ``Compliance,'' of Boeing Service
Bulletin 747-53A2784, Revision 1, dated September 14, 2011: Do a
detailed inspection for cracks of the web, upper chord, lower chord,
and lower chord splice, and do all applicable corrective actions, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 747-53A2784, Revision 1, dated September 14, 2011, except
as provided by paragraph (k)(2) of this AD. Do all applicable
corrective actions before further flight. If no crack is found,
repeat the inspection thereafter at the intervals specified in
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 747-
53A2784, Revision 1, dated September 14, 2011. Accomplishment of the
inspections required by AD 2009-19-05, Amendment 39-16022 (74 FR
48138, September 22, 2009), terminates the requirements of this
paragraph.

(k) Exceptions to the Service Information

    (1) Where Boeing Service Bulletin 747-53A2784, Revision 1, dated
September 14, 2011, specifies a compliance time ``after the original
issue date of the service bulletin,'' this AD requires compliance
within the specified compliance time after the effective date of
this AD.
    (2) Where Boeing Service Bulletin 747-53A2784, Revision 1, dated
September 14, 2011, specifies to contact Boeing for appropriate
action, accomplish applicable actions before further flight using a
method approved in accordance with the procedures specified in
paragraph (l) of this AD.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(m) Related Information

    (1) For more information about this AD, contact Bill Ashforth,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-
6432; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You
may also review the referenced service information in the docket at
www.regulations.gov (refer to Docket No. FAA-2012-0498). You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 31, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-14253 Filed 6-11-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Page 12586]
[FR Doc No: 2017-04214]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Number: PR17-27-000.
    Applicants: NorthWestern Corporation.
    Description: Tariff filing per 284.123(b),(e)/: Revised Rate
Schedules for Transportation and Storage Service (MPSC Tax Tracker) to
be effective 1/1/2017; Filing Type: 980.
    Filed Date: 2/21/17.
    Accession Number:<PHONE_NUMBER>20.
    Comments/Protests Due: 5 p.m. ET 3/14/17.

    Docket Numbers: RP17-405-000.
    Applicants: Questar Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Statement of Negotiated Rates
Version 12.1.0 to be effective 3/20/2017.
    Filed Date: 2/17/17.
    Accession Number: 20170217-5011.
    Comments Due: 5 p.m. ET 3/1/17.

    Docket Numbers: RP17-406-000.
    Applicants: Empire Pipeline, Inc.
    Description: Sec.  4(d) Rate Filing: Fuel Tracker 2017-Empire GTC
23.6 to be effective 4/1/2017.
    Filed Date: 2/17/17.
    Accession Number: 20170217-5083.
    Comments Due: 5 p.m. ET 3/1/17.

    Docket Numbers: RP17-407-000.
    Applicants: National Fuel Gas Supply Corporation.
    Description: Sec.  4(d) Rate Filing: Fuel Tracker-Supply (Effective
04/01/17) to be effective 4/1/2017.
    Filed Date: 2/17/17.
    Accession Number: 20170217-5100.
    Comments Due: 5 p.m. ET 3/1/17.

    Docket Numbers: RP17-408-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Compliance filing TETLP OFO 2017 Penalty Disbursement
Report to be effective N/A.
    Filed Date: 2/17/17.
    Accession Number: 20170217-5157.
    Comments Due: 5 p.m. ET 3/1/17.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified date(s). Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 27, 2017.
 Nathaniel J. Davis, Sr.,
 Deputy Secretary.
[FR Doc. 2017-04214 Filed 3-3-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Notices]
[Pages 50427-50430]
[FR Doc No: 2018-21678]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84330; File No. SR-NYSE-2018-43]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rule 67 To Specify That D-Quote Functionality Under Rule 67(f)(5)
Will Continue To Be in Effect Until Six Months After the End of the
Pilot Period

October 1, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on September 24, 2018, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 amend Rule 67 (Tick Size Pilot Plan) to
specify that d-Quote functionality under Rule 67(f)(5) will continue to
be in effect until six months after the end of the pilot period (which
will be April 2, 2019). The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 67 (Tick Size Pilot Plan) to
specify that d-Quote functionality described under Rule 67(f)(5) will
continue to be in effect for all pilot securities (``Pilot
Securities'') under the plan for the Tick Size Pilot Program (the
``Plan'') until six months after the end of the pilot period (which
will be April 2, 2019).
Background
    On August 25, 2014, NYSE Group, Inc., on behalf of Bats BZX
Exchange, Inc. (f/k/a BATS Exchange, Inc.), Bats BYX Exchange, Inc. (f/
k/a BATS Y-Exchange, Inc.), Chicago Stock Exchange, Inc., Bats EDGA
Exchange, Inc. (f/k/a EDGA Exchange, Inc.), Bats EDGX Exchange, Inc.
(f/k/a EDGX Exchange, Inc.), the Financial Industry Regulatory
Authority, Inc. (``FINRA''), NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC,
the Nasdaq Stock Market LLC, NYSE MKT LLC, NYSE Arca, Inc., and the
Exchange (collectively, the ``Participants''), filed the Plan to
Implement a Tick Size Pilot Program (``Plan'') \4\ with the Securities
and Exchange Commission (the ``Commission''), pursuant to Section 11A
of the Act \5\ and Rule 608 of Regulation NMS thereunder.\6\ The
Participants filed the Plan to comply with an order issued by the
Commission on June 24, 2014 (the ``June 2014 Order'').\7\ The Plan was
published for comment in the Federal Register on November 7, 2014,\8\
and approved by the Commission, as modified, on May 6, 2015.\9\
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    \4\ See Securities and Exchange Act Release No. 74892 (May 6,
2015), 80 FR 27513 (File No. 4-657) (``Tick Plan Approval Order'').
See, also, Securities and Exchange Act Release No. 76382 (November
6, 2015) (File No. 4-657), 80 FR 70284 (File No. 4-657) (November
13, 2015), which extended the pilot period commencement date from
May 6, 2015 to October 3, 2016. The Plan was submitted to the
Commission pursuant to Rule 608 of Regulation NMS. 17 CFR 242.608.
    \5\ 15 U.S.C. 78k-1.
    \6\ See Letter from Brendon J. Weiss, Vice President,
Intercontinental Exchange, Inc., to Secretary, Commission, dated
August 25, 2014.
    \7\ See Securities Exchange Act Release No. 72460 (June 24,
2014), 79 FR 36840 (June 30, 2014).
    \8\ See Securities and Exchange Act Release No. 73511 (November
3, 2014), 79 FR 66423 (File No. 4-657) (Tick Plan Filing).
    \9\ See Tick Plan Approval Order, supra note 4. See also
Securities Exchange Act Release No. 77277 (March 3, 2016), 81 FR
12162 (March 8, 2016) (File No. 4-657), amending the Plan to add
National Stock Exchange, Inc. as a Participant.
---------------------------------------------------------------------------

    The Plan includes stocks of companies with $3 billion or less in
market capitalization, an average daily trading volume of one million
shares or less, and a volume weighted average price of at least $2.00
for every trading day. The Plan consists of a control group (``Control
Group'') of approximately 1400 Pilot Securities and three test groups
with 400 Pilot Securities in each selected by a stratified
sampling.\10\
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    \10\ See Section V of the Plan for identification of Pilot
Securities, including criteria for selection and grouping.
---------------------------------------------------------------------------

    During the pilot, Pilot Securities in the Control Group are quoted
at the current tick size increment of $0.01 per share and trade at the
currently permitted increments. Pilot Securities in the first test
group (``Test Group One'') are quoted in $0.05 minimum increments but
continue to trade at any price increment that is currently
permitted.\11\ Pilot Securities in the second test group (``Test Group
Two'') are quoted in $0.05 minimum increments and trade at $0.05
minimum increments subject to a midpoint exception, a retail investor
exception, and a negotiated trade exception.\12\ Pilot Securities in
Test Group Three are subject to the same terms as Test Group Two and
are also subject to the ``Trade-at'' requirement to prevent price
matching by a person not displaying at a price of a Trading Center's
``Best Protected Bid or ``Best Protected Offer,'' unless an enumerated
exception applies.\13\ In addition to the exceptions provided under
Test Group Two, an exception for Block Size orders and exceptions that
closely resemble those under Rule 611 of Regulation NMS (``Rule 611'')
\14\ apply to the Trade-at requirement.
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    \11\ See Section VI(B) of the Plan. Pilot Securities in Test
Group One will be subject to a midpoint exception and a retail
investor exception.
    \12\ See Section VI(C) of the Plan.
    \13\ See Section VI(D) of the Plan.
    \14\ 17 CFR 242.611.
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    The pilot period commenced on October 3, 2016 and is in effect for
a period of two years following commencement, until April 2, 2019 (the
``Pilot Period'')[sic]. Pursuant to an exemption granted under Rule
608(e) of Regulation NMS, the quoting and trading requirements of the
Plan will terminate at the end of trading on Friday, September 28,
2018, instead of at the end of trading on Tuesday, October 2, 2018.\15\
At the close of trading on September 28, 2018, all Pilot Securities
will be moved into the Control Group and certain data collection
provisions under Appendix B and C of the Plan will continue to apply
through six (6) months after the end of the Pilot Period, which will be
April 2, 2019.\16\
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    \15\ See Letter from David S. Shillman, Associate Director, for
the Commission, by the Division of Trading of Markets, pursuant to
delegated authority, to John Ramsay, Chief Market Policy Officer,
IEX Group, Inc., dated September 10, 2018.
    \16\ See, supra, note 16.
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Amendment to Rule 67--d-Quotes
    The Exchange adopted Rule 67 to implement the requirements
specified in the Plan. Rule 67(f)(5) states that, in all Pilot
Securities, d-Quotes to buy (sell) will not exercise discretion if (i)
exercising discretion would result in an execution equal to or higher
(lower) than the price of a protected offer (bid), or (ii) the price of
a protected bid (offer) is equal to or higher (lower) than the filed
price of the d-Quote. As noted above, at the end of the Pilot Period,
Test Group One, Test Group Two and Test Group Three Pilot Securities
will be moved into the Control Group. Because Rule 67(f)(5) applies to
all Pilot Securities, including Pilot Securities in the Control Group,
all Pilot Securities will continue to be subject to Rule 67(f)(5) for
the six-month period after the end of the Pilot Period. To make this
clear, the Exchange proposes to amend the first paragraph of Rule 67,
which currently provides that ``The provisions of this Rule will be in
effect during a pilot to coincide with the Pilot Period for the
Regulation NMS Tick Size Pilot Plan,'' to add that ``[p]aragraph (f)(5)
of this Rule will continue to be in effect for all Pilot Securities for
six months after the end of the Pilot Period.'' The Exchange believes
that this proposed rule change will promote transparency that the
existing Rule 67(f)(5) requirement, which is applicable to Control
Group Pilot Securities, would continue to be applicable to all Pilot
Securities for the six-month period following the end of the Pilot
Period.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\17\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\18\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system,
and, in general, to protect investors and the public interest. The
Exchange believes that the proposed rule change is consistent with the
Act because it facilitates data analysis during the data collection
period specified under a Plan

approved by the Commission pursuant to an order issued by the
Commission in reliance on Section 11A of the Act.\19\ More
specifically, the Exchange believes that the proposed rule change would
remove impediments to and perfect the mechanism of a free and open
market and a national market system because it would promote
transparency and clarity in Exchange rules that an existing provision
in Rule 67 relating to how Control Group Pilot Securities are processed
would continue during the six-month period following the end of the
Pilot Period and during which certain data collection provisions under
Appendix B and C of the Plan will continue to apply. By specifying that
Rule 67(f)(5) would continue to apply through the six-month period
after the end of the Pilot Period, during which all Pilot Securities
will be in the Control Group, this proposed rule change ensures that
the Exchange's system functionality during the six-month period after
the end of the Pilot Period will be in compliance with the Plan.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
    \19\ See, supra, note 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. The proposed changes are
being made to establish, maintain, and enforce written policies and
procedures that are reasonably designed to comply with the trading and
quoting requirements specified in the Plan, of which other equities
exchanges are also Participants. The proposed changes facilitate data
analysis during the data collection period specified under the Plan.
Therefore, the proposed changes would not impose any burden on
competition, while providing certainty of treatment and execution of
trading interests on the Exchange to market participants in NMS Stocks
that are acting in compliance with the requirements specified in the
Plan.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) \20\ of the Act and Rule 19b-
4(f)(6) thereunder.\21\
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and the text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \22\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \23\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
notes that the Plan's quoting and trading rule obligations will cease
on September 28, 2018, and this proposed rule change should be
operative on or before that date in order to provide notice to members
that the provisions of Rule 67(f)(5) would continue to apply during the
six-month period following the end of the Pilot Period. The Commission
believes that the proposed rule change provides clarity as to the
requirements under Rule 67(f)(5) during the post-Pilot Period. In
addition, the Commission believes that the proposed rule change should
ensure that the data collected under the Tick Size Pilot during the
post-Pilot Period remains consistent with the data collected during the
Pilot Period. Based on the foregoing, the Commission believes the
waiver of the operative delay is consistent with the protection of
investors and the public interest. Therefore, the Commission hereby
waives the operative delay and designates the proposal operative upon
filing.\24\
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    \22\ 17 CFR 240.19b-4(f)(6).
    \23\ 17 CFR 240.19b-4(f)(6)(iii).
    \24\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or 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 protected]. Please include
File Number SR-NYSE-2018-43 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2018-43. 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-NYSE-2018-43 and should

be submitted on or before October 26, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
Eduardo A. Aleman,
Assistant Secretary.
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2018-21678 Filed 10-4-18; 8:45 am]
BILLING CODE 8011-01-P


1 Tech Amendments Summary 40 CFR part ... Category Change Issue Owner 85 Highway vehicles and engines Allow limited ICI importation based on standards that apply in the year of original production, rather than the year of modification. Dave Good 86 Highway motorcycles Highway motorcycles: ( 1) Address FEL on emission label. ( 2) Correct errors in test fuel specifications. Rob French Light duty Tier 2 Apply calibrations equally for different fuels. Marty Reineman Correct over write problem. Rob French SFTP Correct a regulatory reference in § 86.158 00. Rob French Align regulatory instructions with SC03 drive cycle trace in Appendix I ( h). Rob French Correct humidity tolerance for air conditioning testing in § 86.161 00 by changing " 100 +/" to " 100 +/ 5". Rob French Correct equation in § 86.164 00( c)( 1)( i) by inserting a missing "+" sign. Rob French NLEV Correct in use formaldehyde standards for light duty vehicles in tables R99 5 and R99 6 ( § 86.1708 99). Rob French Correct model year applicability of in use standards for lightduty trucks ( § 86.1709 99( c)( 1)). Rob French Insert currently missing standards for light duty trucks from 0 3750 loaded vehicle weight in Table R99 14.2 ( § 86.1709 99). Rob French Correct fleet average NMOG standards for calculating credits for 1997 and 1998 model years in the Northeast Trading Region ( § 86.1710 99( c)( 8)). Rob French Correct a regulatory reference in § 86.1711 99. Rob French Heavy duty highway engines Migrate procedures from subpart N to part 1065, for both certification and in use testing. Also update references in other parts to the part 86 test procedures. Matt Spears Specify ramped modal testing for SET procedures. Matt Spears 89 Nonroad diesel   Tier 2/ Tier 3 Align with Tier 4 standards: ( 1) Allow testing with rampedmodal cycles, ( 2) Update rebuild requirements, ( 3) Allow branded engine labels ( Craftsman...), ( 4) Allow use of certified highway engines in nonroad applications, ( 5) Include expanded technical hardship for equipment manufacturers. Alan Stout Allow limited ICI importation based on standards that apply in the year of original production, rather than the year of modification. John Guy 1039 Nonroad diesel   Tier 4 Insert ABT provision to address separate credit programs when California adopts separate standards. John Guy Correct ABT regs to add provision for using banked Tier 2 credits for Option # 1 engines ( as described in the preamble). Bill Charmley 2 Clarify ABT provisions for nonroad engines relying on highway certificate. Alan Stout Various minor corrections ( cross references, etc.) Alan Stout 90 Small SI Clarify liability for engines below 19 kW certified to the more stringent Large SI standards. Alan Stout 91 Marine SI Correct equation; add definition for " Spark ignition." Alan Stout 92 Locomotives Various corrections for cross references, equations, typographical errors, etc. Chuck Moulis 94 Marine CI Allow manufacturers to certify marine auxiliary engines in landbased engine families. Jean Marie Revelt Align provisions related to replacement engines with nonroad diesel Tier 4 FRM. Alan Stout Align engine dressing provisions with nonroad diesel Tier 4 FRM. Jean Marie Revelt Allow manufacturers to sell prototype test engines under later certificates if they are identical. Alan Stout Correct applicability of operator requirements to include only engines over 2.5 L/ cyl ( as described in preamble). Jean Marie Revelt 1048 Large SI Copy general text improvements from nonroad diesel Tier 4 FRM. Alan Stout Specify that steady state testing may involve ramped modal procedures. Alan Stout Exclude fuel tanks for auxiliary marine engines from evaporative requirements, since they will be covered under the marine program. Alan Stout Clarify administrative requirements for family banking   deadline for applying and label late engines. Alan Stout Define the procedure for manufacturers to apply for shorter useful life. Alan Stout Specify that engine manufacturers must provide duplicate labels ( as in nonroad diesel Tier 4 FRM). Alan Stout Allow branded engine labels ( Craftsman...). Alan Stout 1051 Recreational vehicles Copy general text improvements from nonroad diesel Tier 4 FRM. Alan Stout Clarify the approach to defining evap families: ( 1) Add technical parameters to match FRM preamble and ( 2) set up the default to be for exhaust and evap families to be independent. Mike Samulski Clarify that permeation test procedure requires installation of the normal gas cap, rather than an impermeable plug. Mike Samulski 3 Specify allowable time between fuel soak and permeation test, clarify length of test, and require checks for linear test results to ensure that effect of ethanol soak is observed Mike Samulski Add definition of Fuel line. Mike Samulski Correct errors in NER equations and revise them to address niche products. Chuck Moulis Allow interim raw gas sampling for ATVs and motorcycles. Linc Wehrly Allow manufacturers to select a different test point for maximum engine power. Linc Wehrly Insert ABT provision to address separate credit programs when California adopts separate standards. John Guy Specify that engine manufacturers must provide duplicate labels ( as in nonroad diesel Tier 4 FRM) Alan Stout Clarify that hang tag labels and emission labels must both be in the application for certification. Alan Stout Allow branded engine labels ( Craftsman...). Alan Stout Limit applicability for some ATVs to models with max speed over 25 mph. Alan Stout 1065 General testing requirements Update requirements to incorporate HD2007 changes, plus new field testing provisions. Matt Spears many General Revise " marine engine" definition to address amphibious vehicles and portable engines. Jean Marie Revelt many General Adjust maximum penalties for inflation. Alan Stout 1068 General Compliance Provisions Capture changes from nonroad diesel Tier 4 FRM: ( 1) Copy the requirements for engines that must meet standards, but need not certify ( such as replacement engines). ( 2) Clarify confidentiality provisions. Alan Stout Clean up definitions and coordinate with nonroad diesel Tier 4 FRM: Motor vehicles, Days ( 1068.540), Owner ( 1068.540), Good engineering judgment, U. S. directed production volume, Exempt, Void, Revoke, Suspend, United States. Alan Stout Clarify when manufacturers may deny warranty obligations and what costs are covered by warranty claims. Alan Stout Clarify the provisions related to stockpiling. John Guy Add retesting provisions under an SEA, consistent with other programs. John Guy Clarify the relationship between small business hardship and hardship for all companies. Alan Stout For individuals importing engines identical to certified engines, change pre ownership requirement from 12 months to 6 months. Alan Stout 4 For replacement and hardship engines, change label language to clarify the engines' status and clarify the requirements for meeting less stringent standards ( like for nonroad diesel Tier 4 FRM). Alan Stout


[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Rules and Regulations]
[Pages 22291-22294]
[FR Doc No: 2017-09474]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0054; FRL-9960-15-Region 6]

Approval and Promulgation of Implementation Plans; Texas; Clean
Air Act Requirements for Vehicle Inspection and Maintenance,
Nonattainment New Source Review and Emission Statements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Texas for
the 2008 8-hour ozone national ambient air quality standards (NAAQS).
The SIP revision being approved describes how CAA requirements for
vehicle inspection and maintenance (I/M), nonattainment new source
review (NNSR) and emission statements are met in the Houston-Galveston-
Brazoria ozone nonattainment area (HGB area) for the 2008 ozone NAAQS.
EPA is also making a ministerial correction to the Code of Federal
Regulations (CFR) to accurately reflect approved SIP revisions that
pertain to Texas I/M provisions.

DATES: This rule is effective on July 14, 2017 without further notice,
unless the EPA receives relevant adverse comment by June 14, 2017. If
the EPA receives such comment, the EPA will publish a timely withdrawal
in the Federal Register informing the public that this rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0054, at http://www.regulations.gov or via email to
<EMAIL_ADDRESS>Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the Web, cloud, or other file sharing system). For
additional submission methods, please contact Carl Young,<PHONE_NUMBER>,
<EMAIL_ADDRESS>For the full EPA public comment policy, information
about CBI or multimedia submissions, and general guidance on making
effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all

documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Carl Young,<PHONE_NUMBER>,
<EMAIL_ADDRESS>To inspect the hard copy materials, please schedule
an appointment with Mr. Young or Mr. Bill Deese at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    In 2008 we revised the 8-hour ozone primary and secondary NAAQS to
a level of 0.075 parts per million (ppm) to provide increased
protection of public health and the environment (73 FR 16436, March 27,
2008). The HGB area was classified as a ``Marginal'' ozone
nonattainment area for the 2008 8-hour ozone NAAQS and initially given
an attainment date of no later than December 31, 2015 (77 FR 30088 and
77 FR 30160, May 21, 2012). The HGB area consists of Brazoria,
Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller
counties.
    On December 23, 2014, the D.C. Circuit Court issued a decision
rejecting, among other things, our attainment deadlines for the 2008
ozone nonattainment areas, finding that we did not have statutory
authority under the CAA to extend those deadlines to the end of the
calendar year. NRDC v. EPA, 777 F.3d 456, 464-69 (D.C. Cir. 2014).
Consistent with the court's decision we modified the attainment
deadlines for all nonattainment areas for the 2008 ozone NAAQS, and set
the attainment deadline for all 2008 ozone Marginal nonattainment
areas, including the HGB area as July 20, 2015 (80 FR 12264, March 6,
2015). The HGB area qualified for a 1-year extension of the attainment
deadline and we revised the attainment deadline to July 20, 2016 (81 FR
26697, May 4, 2016). As the HGB area did not meet the revised
attainment deadline of July 20, 2016, we reclassified the area to
``Moderate'' and set a due date for a revised SIP of January 1, 2017
(81 FR 90207, December 14, 2016).
    On December 29, 2016, Texas submitted a SIP revision for the HGB
area. The SIP revision included a description of how CAA requirements
for I/M, NNSR, and Emission Statements from stationary point sources
are met in the HGB area for the 2008 ozone NAAQS, using already-
existing measures previously approved by EPA. A copy of the SIP
revision is available on line at www.regulations.gov, Docket number
EPA-R06-OAR-2017-0054. In the SIP revision submittal, Texas noted that:
(1) The I/M program SIP revision approved by EPA on November 14, 2001
(66 FR 57261) meets the CAA requirements for ozone nonattainment areas
classified as Serious or above; (2) the NNSR program SIP revision was
initially approved by EPA in 1995 (60 FR 49781, September 27, 1995) and
that emissions thresholds and pollutant offset requirements are based
on nonattainment classifications; and (3) the SIP revision pertaining
to emissions inventory requirements approved by EPA on August 26, 1994
(59 FR 44036) meets the CAA requirement for emission statements. The
codification of the Texas SIP approved by EPA can be found at 40 CFR
52.2270(c).
    In addition, in a separate (but related) matter, in reviewing the
Texas SIP, we found that our July 25, 2014, final rule approved
revisions to the Texas I/M provisions but our amendments to the CFR
failed to include the explanation that 30 TAC Section 114.50(b)(2) is
not part of the Texas SIP (79 FR 43264). In a 2001 final rule, we did
not approve 30 TAC Section 114.50(b)(2) as part of the Texas SIP as (1)
it placed an additional reporting burden upon commanders at Federal
facilities regarding affected Federal vehicles that is not imposed upon
any other affected non-federal vehicle and (2) additional reporting
requirement is not an essential element for an approvable I/M program,
since affected Federal vehicles are also subject to the same reporting
requirements as other affected non-federal vehicles. See 66 FR 57261,
57262 (November 14, 2001).

II. The EPA's Evaluation

A. CAA Requirements for I/M in the HGB Area

    I/M refers to the inspection and maintenance programs for in-use
vehicles required under the CAA. The applicable requirements for ozone
nonattainment areas that are required to adopt I/M programs are
described in CAA sections 182(a)(2)(B), 182(b)(4), 182(c)(3), and
184(b)(1)(A) and further defined in 40 CFR 51.350 (``Applicability'')
of the I/M rule (40 CFR part 51, subpart S). Under these cumulative
requirements, Moderate ozone nonattainment areas in urbanized areas
with 1990 Census populations of 200,000 or more are required to adopt
basic I/M programs, while Serious and higher classified ozone
nonattainment areas outside of the northeast Ozone Transport Region
with 1980 Census-defined urbanized populations of 200,000 or more are
required to adopt enhanced I/M programs (40 CFR 51.350(a)(2) and (4)).
    Previously, we revoked (1) the 1979 1-hour ozone NAAQS (69 FR
23951, April 30, 2004 and 70 FR 44470, August 3, 2005) and (2) the 1997
8-hour ozone NAAQS (80 FR 12264, March 6, 2015). Because the HGB area
was classified as Severe nonattainment for these revoked ozone NAAQS,
an enhanced I/M program is required in the HGB area for anti-
backsliding purposes (40 CFR 51.1100(o)). Ozone classifications can be
found in CAA section 181 and 40 CFR 51.1103. The Severe classification
is one classification higher than the Serious classification and two
classifications higher than the Moderate classification.
    The Texas SIP includes 30 TAC Section 114.2 (Inspection and
Maintenance Definitions) and 30 TAC Section 114.50 (Vehicle Emissions
Inspection Requirements) except for 30 TAC Section 114.50(b)(2) as
discussed above. Under these provisions Brazoria, Fort Bend, Galveston,
Harris and Montgomery Counties in the HGB area are included in the I/M
program. Chambers, Liberty and Waller Counties are not included in the
I/M program for the HGB area. The program requires that gasoline
powered light-duty vehicles, and light and heavy-duty trucks between
two and twenty-four years old, that are registered or required to be
registered in the I/M program area, including fleets, are subject to
annual inspection and testing. Chambers, Liberty and Waller Counties
are not required to be in the I/M program as they are not included in
the urbanized area. See 70 FR 58119, 58132 (October 5, 2005) and 71 FR
52670 (September 6, 2006). Therefore, since the provisions in the Texas
SIP already include the CAA I/M requirements for the HGB area, we are
approving this portion of the SIP revision.

B. CAA Requirements for NNSR in the HGB Area

    The applicable NNSR requirements for the various ozone
nonattainment classifications are described in CAA section 182 and
further defined in 40 CFR 51, Subpart I (Review of New Sources and
Modifications). Under these requirements new major sources or major
modifications at existing sources in an ozone nonattainment area must
comply with the lowest achievable emission rate and obtain sufficient
emission offsets. The emission offset ratio required for Moderate ozone
nonattainment areas is 1.15 to 1 (CAA section 182(b)(5)).

    The Texas SIP already includes 30 TAC Section 116.12 (Nonattainment
and Prevention of Significant Deterioration Review Definitions) and 30
TAC Section 116.150 (New Major Source or Major Modification in Ozone
Nonattainment Area). These provisions require new major sources or
major modifications at existing sources in the HGB area comply with the
lowest achievable emission rate and obtain emission offsets at the
Moderate classification ratio of 1.15 to 1. Therefore, since the
provisions in the Texas SIP already include the CAA NNSR requirements
for ozone nonattainment areas classified as Moderate, we are approving
this portion of the SIP revision.

C. CAA Requirements for Emission Statements

    CAA section 182(a)(3)(B) calls for the SIP for all ozone
nonattainment areas to require that the owner or operator of each
stationary source of nitrogen oxides or volatile organic compounds
(ozone precursors) provide the State with an annual statement of
emissions along with a certification that this information is accurate
to the best knowledge of the individual certifying the statement.
    The Texas SIP includes 30 TAC Section 101.10 (Emissions Inventory
Requirements). The certification for emission statements is found at 30
TAC Section 101.10(d) (Certifying statement). Therefore, since the
Texas SIP already includes the CAA emission statement requirement, we
are approving this portion of the SIP revision.

III. Final Action

    We are approving a revision to the Texas SIP submitted on December
29, 2016, that describes how CAA requirements for vehicle I/M, NNSR and
emission statements for large stationary point sources are met in the
HGB area for the 2008 ozone NAAQS. We are also making a ministerial
correction to the Code of Federal Regulations (CFR) to accurately
reflect that 30 TAC Section 114.50(b)(2) is not part of the Texas SIP.
    The EPA is publishing this rule without prior proposal because we
view this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on July 14, 2017
without further notice unless we receive relevant adverse comment by
June 14, 2017. If we receive relevant adverse comments, we will publish
a timely withdrawal in the Federal Register informing the public that
the rule will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive relevant
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 14, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
    Samuel Coleman was designated the Acting Regional Administrator on
April 14, 2017 through the order of succession outlined in Regional
Order R6-1110.1, a copy of which is included in the docket for this
action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: April 14, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart SS--Texas

0
2. In Sec.  52.2270:
0
a. In paragraph (c) the table titled ``EPA Approved Regulations in the
Texas SIP'' is amended by revising the entry for Section 114.50.
0
b. In paragraph (e), the second table titled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended by adding an entry at the end for ``Vehicle Inspection
and Maintenance, Nonattainment New Source Review and Emission Statement
Requirements for the 2008 Ozone NAAQS''.
    The amendments reads as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                                        EPA Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              State approval/
          State citation                 Title/subject           submittal              EPA approval date                        Explanation
                                                                   date
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Section 114.50...................  Vehicle Emission                2/12/2014  10/7/2016, 81 FR 69679..............  Subsection 114.50(b)(2) is NOT part
                                    Inspection Requirements.                                                         of the approved SIP.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                                  EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   State
      Name of SIP provision         Applicable geographic or    submittal/              EPA approval date                         Comments
                                       nonattainment area     effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Vehicle Inspection and             Houston-Galveston-             12/29/2016  5/15/2017, [Insert Federal Register   ....................................
 Maintenance, Nonattainment New     Brazoria, TX.                              citation].
 Source Review and Emission
 Statement Requirements for the
 2008 Ozone NAAQS.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-09474 Filed 5-12-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 161 (Friday, August 19, 2016)]
[Rules and Regulations]
[Page 55374]
[FR Doc No: 2016-19831]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2016-0700]

Special Local Regulations; S.P.O.R.T. Boat Races, Sabine River,
Orange, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce special local regulations for the
Southern Professional Outboard Racing Tour (S.P.O.R.T.) boat races to
be held on the Sabine River in Orange, TX, September 16-18, 2016, to
provide for the safety of life on navigable waterways during high speed
boat races. Our regulation for Recurring Marine Events in Sector
Houston-Galveston identifies the regulated area for this regatta.
During the enforcement periods, no vessel may transit this regulated
area without approval from the Captain of the Port or a designated
representative.

DATES: The regulations in 33 CFR 100.801, Table 3, Line no. 5, will be
enforced from 3:00 p.m. to 6:00 p.m. on September 16, 2016; and from
9:00 a.m. to 6:00 p.m. on September 17 and 18, 2016.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Mr. Scott Whalen, U.S. Coast Guard
Marine Safety Unit, Port Arthur, TX; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local
regulations in 33 CFR 100.801, Table 3, Line no. 5 from 3:00 p.m. until
6:00 p.m. on September 16, 2016, and from 9:00 a.m. until 6:00 p.m. on
September 17 and 18, 2016, for the Southern Professional Outboard
Racing Tour (S.P.O.R.T.) boat races. This action is being taken to
provide for the safety of life on navigable waterways during the high
speed boat races. Our regulation for Recurring Marine Events in Sector
Houston-Galveston, Sec.  100.801, Table 3, Line no. 5, specifies the
location of the regulated area for this event. As specified in Sec.
100.801, during the enforcement period, no vessel may transit this
regulated area without approval from the Captain of the Port (COTP),
Port Arthur or a COTP designated representative.
    This notice of enforcement is issued under authority of 33 CFR
100.801 and 5 U.S.C. 552(a). In addition to this notice of enforcement
in the Federal Register, the Coast Guard plans to provide notification
of this enforcement period via the Local Notice to Mariners, marine
information broadcasts, Marine Safety Information Bulletins and Vessel
Traffic Service (VTS) Advisories.

    Dated: August 16, 2016.
R.S. Ogrydziak,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.
[FR Doc. 2016-19831 Filed 8-18-16; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 115 (Thursday, June 17, 2021)]
[Notices]
[Page 32304]
[FR Doc No: 2021-12360]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Draft Environmental Assessment; Establishment of Restricted Area
R-2511 at Naval Air Weapons Station China Lake, CA

AGENCY: Federal Aviation Administration (FAA), DOT; Department of the
Navy, DoD.

ACTION: Notice of availability.

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

SUMMARY: The Department of the Navy (DON) has prepared and filed the
Draft Environmental Assessment--Establishment of Restricted Area R-2511
at Naval Air Weapons Station China Lake, California with the United
States Environmental Protection Agency (EPA). The Draft Environmental
Assessment (Draft EA) evaluates the potential environmental
consequences associated with the establishment of a special use
airspace (SUA) consisting of one restricted area (RA). The new SUA
would connect the existing R-2505 and R-2524 RAs. The new RA would be
titled R-2511 and have the same dimensions as the existing Trona
Controlled Firing Area (TCFA).

DATES: The 15-day public comment period starts June 17, 2021, and ends
July 2, 2021. All public comments are due by July 2, 2021. Due to
current federal and state guidance on social distancing in response to
COVID-19, the DON will not hold public meetings during the Draft EA
public comment period.

ADDRESSES: Submit written comments with the subject line ``R-2511 Draft
EA--Public Comments'' by mail at 901 North Heritage Drive, Suite 204,
Ridgecrest, California 93555, email<EMAIL_ADDRESS>or
electronically via the project website at https://www.R2511EA.com.
    All comments submitted during the 15-day public comment period will
become part of the public record and will be considered in the Final
Environmental Assessment (Final EA). All comments must be postmarked or
received online by July 2, 2021, for consideration in the Final EA.
Federal, state, and local agencies (including their respective
officials) and other interested organizations and individuals are
encouraged to provide substantive comments on the Draft EA during the
15-day public comment period.

FOR FURTHER INFORMATION CONTACT: Contact: Lonnie D. Covalt, 206-231-
3998<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The DON action proponent is NAWCWD, and the
FAA is a cooperating agency. Naval Air Weapons Station China Lake
(NAWSCL) is located in the western Mojave Desert region of California,
approximately 150 miles (241 kilometers) northeast of Los Angeles.
NAWSCL is host to NAWCWD and other Department of Defense activities.
NAWCWD is the primary tenant command supported at NAWSCL. The
Department of the Navy Center of Excellence for Weapons and Armaments
has responsibility for RDAT&E for the entire spectrum of naval weapons
and armaments (i.e., air, surface, and subsurface).
    NAWSCL is separated into two range areas: The North and South
ranges, which are overlain by two RAs. R-2505 overlies the North Range,
and R-2524 overlies the South Range. NAWCWD, as the NAWSCL ranges'
scheduling organization, is the using agency that manages operations
conducted within R-2505 and R-2524. The Joshua Control Facility (Joshua
Approach) is the controlling agency for R-2505 and R-2524. Access to
the SUA is governed by FAA regulations.
    Currently, RDAT&E activities between the North and South ranges can
be conducted by activating the TCFA. The TCFA is used for free flight
weapon systems transiting from areas within R-2505 to target areas
within R-2524 and from launch areas within R-2524 to target areas
within R-2505. The TCFA occupies altitudes with a floor of 6,000 feet
(ft) (1,830 meters [m]) mean sea level (MSL) and a ceiling up to, but
not including, Floor Level 200. Ground elevations under the TCFA range
from 1,642 to 3,567 ft MSL (500 to 1,087 m MSL), providing a minimum of
2,433 ft (742 m) between the highest ground level point and the 6,000
ft MSL floor of the TCFA. The proposed R-2511 would have the same
dimensions as the TFCA.
    The DON distributed the Draft EA to federal agencies with which the
DON is consulting and other stakeholders. The DON provided public
notice in local newspapers. The R-2511 Draft EA is available for
electronic viewing or download at https://R2511EA.com. A hard copy or
electronic copy (on compact disc) of the Draft EA will be made
available upon written request by contacting ``R-2511 Establishment
EA--Public Comments'' at 901 North Heritage Drive, Suite 204,
Ridgecrest, California 93555<EMAIL_ADDRESS>or the project
website at https://www.R2511EA.com.

Lonnie Covalt,
Environmental Protection Specialist, Operations Support Group, Western
Service Center.
[FR Doc. 2021-12360 Filed 6-16-21; 8:45 am]
BILLING CODE P


[Federal Register Volume 77, Number 175 (Monday, September 10, 2012)]
[Rules and Regulations]
[Page 55416]
[FR Doc No: 2012-22158]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0831]

Drawbridge Operation Regulation; Inside Thoroughfare, New Jersey
Intracoastal Waterway (NJICW), Atlantic City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, Fifth Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
US40-322 (Albany Avenue) Bridge, at NJICW mile 70.0, across Inside
Thoroughfare, in Atlantic City, NJ. This deviation is necessary to
facilitate the free movement of contestants over the bridge during the
2012 Atlantic City Triathlon. This deviation allows the draw span of
the bridge to remain closed-to-navigation during the event.

DATES: This deviation is effective from 8 a.m. until 12 p.m. on
September 15, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2012-0831 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0831 in the
``Keyword'' box and then clicking ``Search''. This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Terrance Knowles, Environmental Protection Specialist,
Fifth Coast Guard District; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The New Jersey Department of Transportation
owns and operates this bascule-type drawbridge and has requested a
temporary deviation from the current operating regulations set out in
33 CFR 117.733(f) to facilitate the free movement of contestants over
the bridge during the 2012 Atlantic City Triathlon.
    The US40-322 (Albany Avenue) Bridge, at NJICW mile 70.0 across
Inside Thoroughfare in Atlantic City, NJ has a vertical clearance in
the closed position to vessels of 10 feet above mean high water.
    Under normal operating conditions the draw would open on signal,
except that: Year-round, from 11 p.m. to 7 a.m. and from November 1
through March 31 from 3 p.m. to 11 p.m.; the draw need only open if at
least four hours notice is given. From June 1 through September 30,
from 9 a.m. to 4 p.m. and from 6 p.m. to 9 p.m., the draw need only
open on the hour and half hour and from 4 p.m. to 6 p.m., the draw need
not open; and on the third or fourth Wednesday of August the draw will
open every two hours on the hour from 10 a.m. until 4 p.m. and need not
open from 4 p.m. until 8 p.m. to accommodate the annual Air Show.
    Under this temporary deviation to facilitate the free movement of
contestants during the 2012 Atlantic City Triathlon, the drawbridge
will be closed to vessels requiring an opening from 8 a.m. until 12
p.m. (noon) on Saturday, September 15, 2012.
    The drawbridge will be able to open in the event of an emergency.
Vessels that can pass under the bridge without a bridge opening may do
so at all times. Vessels with heights greater than 10 feet would have
to use an alternate route. One alternate route is by way of the
Atlantic Ocean.
    The Coast Guard will inform the users of the waterway through our
Local and Broadcast Notices to Mariners of the closure periods for the
bridge so that vessels can arrange their transits to minimize any
impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: August 28, 2012.
G.D. Case,
Captain, U.S. Coast Guard, Fifth Coast Guard District.
[FR Doc. 2012-22158 Filed 9-7-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: September 25, 2008 (Volume 73, Number 187)]
[Notices]
[Page 55516-55517]
[DOCID:fr25se08-51]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0272]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Notification of a
Health Claim or Nutrient Content Claim Based on an Authoritative
Statement of a Scientific Body

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by October
27, 2008.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All comments
should be identified with the OMB control number 0910-0374. Also
include the FDA docket number found in brackets in the heading of this
document.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information
Management (HFA-710), Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Notification of a Health Claim or Nutrient Content Claim Based on an
Authoritative Statement of a Scientific Body--(OMB Control Number 0910-
0374--Extension)

    Section 403(r)(2)(G) and (r)(3)(C) of the Federal Food, Drug and
Cosmetic Act (the act) (21 U.S.C. 343(r)(2)(G) and (r)(3)(C)), as
amended by the FDA Modernization Act of 1997, provides that any person
may market a food product whose label bears a nutrient content claim or
a health claim that is based on an authoritative statement of a
scientific body of the U.S. Government or the National Academy of
Sciences (NAS). Under this section of the act, a person that intends to
use such a claim must submit a notification of its intention to use the
claim 120 days before it begins marketing the product bearing the
claim. In the Federal Register of June 11, 1998 (63 FR 32102), FDA
announced the availability of a guidance entitled ``Guidance for
Industry: Notification of a Health Claim or Nutrient Content Claim
Based on an Authoritative Statement of a Scientific Body.'' The
guidance provides the agency's interpretation of terms central to the
submission of a notification and the agency's views on the information
that should be included in the notification. The agency believes that
the guidance will enable persons to

meet the criteria for notifications that are established in section
403(r)(2)(G) and (r)(3)(C) of the act. In addition to the information
specifically required by the act to be in such notifications, the
guidance states that the notifications should also contain information
on analytical methodology for the nutrient that is the subject of a
claim based on an authoritative statement. FDA intends to review the
notifications the agency receives to ensure that they comply with the
criteria established by the act.
    In the Federal Register of May 7, 2008 (73 FR 25749), FDA published
a 60-day notice requesting public comment on the information collection
provisions. FDA received one letter of comment that was not related to
the information collection.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
 Section of the Act/Basis of       No. of       Annual Frequency   Total Annual      Hours Per
            Burden               Respondents      per Response       Responses       Response       Total Hours
----------------------------------------------------------------------------------------------------------------
403(r)(2)(G) (nutrient                      1                  1               1             250             250
 content claims)
----------------------------------------------------------------------------------------------------------------
403(r)(2)(C) (health claims)                2                  1               2             450             900
----------------------------------------------------------------------------------------------------------------
Guidance for notifications                  3                  1               3               1               3
----------------------------------------------------------------------------------------------------------------
Total                                                                                1,153
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    These estimates are based on FDA's experience with health claims,
nutrient content claims, and other similar notification procedures that
fall under the agency's jurisdiction. FDA estimates that it will
receive one nutrient content claim notification and two health claim
notifications per year.
    Section 403(r)(2)(G) and 403(r)(3)(C) of the act requires that the
notification include the exact words of the claim, a copy of the
authoritative statement, a concise description of the basis upon which
such person relied for determining that this is an authoritative
statement as outlined in the act, and a balanced representation of the
scientific literature relating to the relationship between a nutrient
and a disease or health-related condition to which a health claim
refers or to the nutrient level to which the nutrient content claim
refers. This balanced representation of the scientific literature is
expected to include a bibliography of the scientific literature on the
topic of the claim and a brief, balanced account or analysis of how
this literature either supports or fails to support the authoritative
statement.
    Since the claims are based on authoritative statements of a
scientific body of the Federal Government or NAS, FDA believes that the
information that is required by the act to be submitted with a
notification will be readily available to a respondent. However, the
respondent will have to collect and assemble that information. Based on
communications with firms that have submitted notifications, FDA
estimates that it will take a respondent 250 hours to collect and
assemble the information required by the statute for nutrient content
claim notifications and 450 hours to collect and assemble the
information required by the statute for health claim notifications.
    Under the guidance, notifications should also contain information
on analytical methodology for the nutrient that is the subject of a
claim based on an authoritative statement. The guidance applies to both
nutrient content claim and health claim notifications. FDA has
determined that this information should be readily available to a
respondent and, thus, the agency estimates that it will take a
respondent 1 hour to incorporate the information into the notification.

    Dated: September 17, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-22636 Filed 9-25-08; 8:45 am]

BILLING CODE 4160-01-S