[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Notices]
[Page 4177]
[FR Doc No: 2021-00871]

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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2021-0004]

Request for Comments on Draft Strategic Plan on Accessible
Transportation

AGENCY: Office of the Secretary of Transportation (OST), Department of
Transportation.

ACTION: Notice; request for comments (RFC).

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SUMMARY: The U.S. Department of Transportation (DOT) seeks public
comment on a draft Strategic Plan on Accessible Transportation. The
proposed document guides the DOT's efforts to create a transportation
system that is inclusive of people with disabilities. The document may
be found on the Federal regulations website at http://www.regulations.gov as an attachment to Docket No. DOT-OST-2021-0004.

DATES: Individuals who are interested in submitting comments must do so
by February 16, 2021, no later than 5:00 p.m. (ET), to receive full
consideration by DOT for incorporation into the final Strategic Plan on
Accessible Transportation.

ADDRESSES: Written comments may be submitted using any one of the
following methods:
     Electronic mail: Email comments to the monitored inbox at
<EMAIL_ADDRESS>Responses must be provided as attachments
to an email. It is recommended that attachments with file sizes
exceeding 25MB be compressed (i.e., zipped) to ensure message delivery.
Responses must be provided as a Microsoft Word (.docx) attachment to
the email, and be no more than 10 pages in length, with 12-point font
and 1-inch margins.
     Internet: To submit comments electronically, go to the
Federal regulations website at http://www.regulations.gov. Search by
using the docket number (DOT-OST-2021-0004). Follow the online
instructions for submitting comments.
    Please identify Docket No. DOT-OST-2021-0004 at the beginning of
your comments. DOT will not respond to individual submissions or
publish publicly a compendium of responses. In accordance with 5 U.S.C.
553(c), the DOT solicits comments from the public to better inform its
rulemaking process. The DOT posts these comments without edit,
including any personal information the commenter provides, to https://www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.dot.gov/privacy.
    Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is
exempt from public disclosure. If your comments in response to this
notice contain commercial or financial information that is customarily
treated as private, that you actually treat as private, and that is
relevant or responsive to this notice, it is important that you clearly
designate the submitted comments as CBI. Pursuant to 49 CFR 190.343,
you may ask DOT to provide confidential treatment to information you
give to the agency by taking the following steps: (1) Mark each page of
the original document submission containing CBI as ``Confidential;''
(2) send DOT a copy of the original document with the CBI deleted along
with the original, unaltered document; and (3) explain why the
information you are submitting is CBI. Unless you are notified
otherwise, DOT will treat such marked submissions as confidential under
the Freedom of Information Act and they will not be placed in the
public docket of this notice. Submissions containing CBI should be sent
to<EMAIL_ADDRESS>Any commentary DOT receives that is not
specifically designated as CBI will be placed in the public docket for
this guidance.

FOR FURTHER INFORMATION CONTACT: Ariel Gold, Transportation Policy
Analyst, at<EMAIL_ADDRESS>or<PHONE_NUMBER>, with a courtesy copy to
<EMAIL_ADDRESS>    Please reference ``Strategic Plan on Accessible Transportation
RFC'' in the subject line when submitting your response.
    DOT looks forward to your submission in response to this notice.

SUPPLEMENTARY INFORMATION: The Strategic Plan on Accessible
Transportation lays out the Department's vision of
amultimodaltransportation system that is inclusive of people with
disabilities. It is the first plan of its type in the Department, and
covers a five-year period from 2021 through 2025. Broad strategic goals
are supported by objectives, which are in turn expanded upon in several
strategies. Select examples of current and future activities by DOT
Operating Administrations and the Office of the Secretary are shown for
illustrative purposes.
    Secretary of Transportation Elaine L. Chao announced the intention
to develop the Department's first accessibility strategic plan at the
Access and Mobility for All Summit on October29, 2019. Aframework for
this plan was presented to the public atthe virtual event, Breaking
Down Barriers: Celebrating the 30thAnniversary of the Americans with
Disabilities Act, on July 30, 2020. An online forum engaged the public
on the framework in August 2020, generating 128 ideas from 1,123
participants overa three-week period. The Strategic Plan on Accessible
Transportation is consistent with related documents, such as the DOT
Strategic Plan for FY 2018-2022 and DOT Research, Development, and
Technology Strategic Plan FY 2017-2021.

    Issued on: January 12, 2021.
Thomas Finch Fulton,
Deputy Assistant Secretary for Transportation Policy.
[FR Doc. 2021-00871 Filed 1-14-21; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register: August 5, 2009 (Volume 74, Number 149)]
[Notices]
[Page 39133-39135]
[DOCID:fr05au09-132]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2009-0001-N-18]

Information Collection

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Requirement (ICR) abstracted below has been forwarded to the
Office of Management and Budget (OMB) for review and comment. The ICR
describes the nature of the information collection and its expected
burden. The Federal Register notice with a 60-day comment period
soliciting comments on the following collection of information was
published on May 21, 2009 (74 FR 23927).

DATES: Comments must be submitted on or before September 4, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Safety,
Planning and Evaluation Division, RRS-21, Federal Railroad
Administration, 1200 New Jersey Ave., SE., 3rd Floor, Mail Stop 25,
Washington, DC 20590 (telephone:<PHONE_NUMBER>), or Ms. Nakia Jackson,
Office of Information Technology, RAD-20, Federal Railroad
Administration, 1200 New Jersey Ave., SE., 3rd Floor, Mail Stop 35,
Washington, DC 20590 (telephone:<PHONE_NUMBER>). (These telephone
numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13, Section 2, 109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR Part
1320, require Federal agencies to issue

two notices seeking public comment on information collection activities
before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR
1320.5, 1320.8(d)(1), 1320.12. On May 21, 2009, FRA published a 60-day
notice in the Federal Register soliciting comment on this ICR that the
agency was seeking OMB approval. 74 FR 23927. FRA received one
comment--a letter--in response to this notice.
    The joint letter came from Mr. James Stem, National Legislative
Director, United Transportation Union (UTU), and John Tolman,
President, Brotherhood of Locomotive Engineers and Trainmen (BLET). The
UTU represents 125,000 active and retired railroad, bus, and mass
transit workers in the United States and Canada. The BLET is a rail
labor organization that was founded as part of the Teamsters Union and
represents railroad engineers and railroad operating employees in the
United States and Canada. In their extensive letter of support, Mr.
Stem and Mr. Tolman stated the following:

    Congress assigned FRA to prescribe regulations and issue orders
to establish hours of service requirements for train employees
engaged in commuter rail and passenger services. Those regulations
may differ from the requirements of the Rail Safety Improvement Act
(RSIA) requirements for Hours of Service (HOS) applicable to train
employees engaged in freight service. In establishing this
exception, Congress required FRA to consider scientific and medical
research related to fatigue and fatigue abatement, scheduling
practices and operating practices that improve safety or reduce
employee fatigue. A significant body of scientific and medical
research already exists. Also, the commuter and passenger services
current scheduling and operating practices in use today mitigate
fatigue substantially; so much so that only minor changes to the
existing HOS regulations are necessary.
    The ``Fatigue Avoidance Scheduling Tool'' (FAST) is a
comprehensive and detailed analysis of how wakefulness affects
fatigue and an individual's effectiveness. The FAST model is based
upon the SAFTE fatigue assessment tool which was developed for the
U.S. Air Force and the U.S. Army. For a fatigue assessment tool to
be useful, it must establish how fatigue impacts effectiveness and
at which point reduced effectiveness might compromise safety. The
FAST model has been validated for use in predicting effectiveness in
freight railroad service, and we believe it can function as an
appropriate tool to compare work schedules against a baseline
representing the maximum schedule that can be worked under the
statute. The current model is programmed to reflect sleep patterns
in a workforce that reports for duty on call, and will need to be
adjusted to reflect the different sleep patterns of workers with a
known reporting time. We believe such an adjustment would permit the
use of the FAST model to predict effectiveness among commuter and
passenger train employees * * *
    The medical research supports the conclusion that predictable
sleep patterns can significantly diminish the fatiguing effect long
hours have on employees. While not a panacea, predictability in work
schedules certainly provides the employees with the opportunity to
plan their rest. Individuals without regular work hours may find
themselves un-rested if they have been at a doctor's appointment or
attending to an elderly parent or child when a call for duty comes.
Since the commuter/passenger services serve the public their
operations must be advertised to the general public. Train
departures, and therefore work schedules, are highly predictable * *
*
    Obviously adequate levels of manpower are essential for the
railroads to properly execute the operation of the scheduled
service. Recently, the country has seen a significant increase in
ridership in the commuter/passenger operations. With the current
administration's High Speed Rail initiative there is every reason to
believe that this trend will continue for the foreseeable future.
Coupled with the natural attrition of an aging workforce, manpower
will be stressed for years to come.
    Railroads must develop some objective means of determining an
appropriate and safe level of manpower staffing. One commuter
operation has chronic manpower shortages. So much so that the
overwhelming majority of its regular assignments and all of its
extra list assignments are required to work 6 days. It utilizes a
supplementary volunteer extra list of regularly assigned employees
(working their only day off) 7 days per week sometimes for weeks in
a row simply to address its regular operation.
    A fair assessment of operating and scheduling practices will
minimize the impact of fatigue on railroad operations, the employees
and the general public that use the systems. Through the RSIA
Congress instructed the secretary to implement regulations to reduce
employee fatigue and improve safety. Fatigue can be effectively
mitigated by addressing it before it occurs. Proper manpower
staffing and construction of assignments are essential to ensure
that outcome. By addressing fatigue at its base level (daily)
through the use quality restorative sleep from napping in conducive
sleep environments and predictable, regular home sleep patterns the
industry will have effectively reduced acute, cumulative and chronic
fatigue from wakefulness to a safe level.

FRA received no other comments in response to this notice. Accordingly,
DOT announces that these information collection activities have been
evaluated and certified under 5 CFR 1320.5(a) and forwarded to OMB for
review and approval pursuant to 5 CFR 1320.10(a).
    Before OMB decides whether to approve these proposed collections of
information, it must provide 30 days for public comment. 44 U.S.C.
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or
disapprove paperwork packages between 30 and 60 days after the 30 day
notice is published. 44 U.S.C. 3507 (b)-(c); 5 CFR 1320.12(d); see also
60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30 day notice
informs the regulated community to file relevant comments and affords
the agency adequate time to digest public comments before it renders a
decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should
submit their respective comments to OMB within 30 days of publication
to best ensure having their full effect. 5 CFR 1320.12(c); see also 60
FR 44983, Aug. 29, 1995.
    The summary below describes the nature of the information
collection requirement (ICR) and the expected burden for the ICR being
submitted for clearance by OMB as required by the PRA.
    Title: Work Schedules and Sleep Patterns of Train Crews in Commuter
Passenger Service.
    OMB Control Number: 2130-New.
    Type of Request: Regular Approval of a New Collection of
Information.
    Affected Public: Commuter Railroad Passenger Service Train Crews.
    Abstract: The Railroad Safety Improvement Act of 2008 (RSIA) grants
the Federal Railroad Administration (FRA) the authority to prescribe
regulations ``* * *Governing the Hours of Service of Train Employees of
Commuter and Intercity Passenger Railroad Carriers.'' (section 21109).
This section of the law provides that

    Such regulations and orders may address railroad operating and
scheduling practices, including unscheduled duty calls,
communications during time off duty, and time spent waiting for
deadhead transportation or in deadhead transportation from a duty
assignment to the place of final release, that could affect employee
fatigue and railroad safety.

Furthermore, the regulations shall consider

* * * scientific and medical research related to fatigue and fatigue
abatement, railroad scheduling and operating practices that improve
safety or reduce employee fatigue, a railroad's use of new or novel
technology intended to reduce or eliminate human error, the
variations in freight and passenger railroad scheduling practices
and operating conditions, the variations in duties and operating
conditions for employees subject to this chapter, a railroad's
required or voluntary use of fatigue management plans covering
employees subject to this chapter, and any other relevant factors.

The purpose of the research addressed under this proposed study is to
provide FRA with the necessary information to meet the requirements of
RSIA as noted above.

    The proposed study has two primary purposes:
     To document and characterize the work/rest schedules and
sleep patterns of train crews in commuter passenger service
     To examine the relationship between these schedules and
level of alertness/fatigue for the individuals who work these
schedules.
    The intent is to report results in aggregate, not by railroad.
    The study will seek to describe the work and sleep patterns for
this group of railroad employees. It will also obtain subjective
ratings from participants of their alertness/sleepiness on both work
and non-work days. Data collection will be through the use of a daily
diary or log as well as a brief background questionnaire for each
participant. Analysis of the diary data will allow the FRA to assess
whether or not there are any work-related fatigue issues. The proposed
study will provide a defensible and definitive estimate of the work/
rest cycle parameters and fatigue in this group of railroad employees
that will inform FRA regulatory policy and action.
    Form Number(s): FRA F 6180.130; FRA F 6180.131
    Annual Estimated Burden Hours: 930 hours
    Addressee: Send comments regarding this information collection to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 Seventeenth Street, NW., Washington, DC, 20503,
Attention: FRA Desk Officer. Comments may also be sent via e-mail to
OMB at the following address<EMAIL_ADDRESS>    Comments are invited on the following: Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; the accuracy of the Department's estimate of
the burden of the proposed information collection; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collection of information on
respondents, including the use of automated collection techniques or
other forms of information technology.
    A comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication of this notice in the Federal
Register.

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

    Issued in Washington, DC on July 29, 2009.
Donna Alwine,
Acting Director, Office of Financial Management, Federal Railroad
Administration.
[FR Doc. E9-18740 Filed 8-4-09; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Proposed Rules]
[Pages 35920-35921]
[FR Doc No: 2017-16198]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2015-3304; Notice No. 15-07]
RIN 2120-AK66

Temporary Flight Restrictions in the Proximity of Launch and
Reentry Operations; Withdrawal

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); withdrawal.

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SUMMARY: The FAA is withdrawing a previously published NPRM that
proposed to revise the temporary flight restriction (TFR) provision for
space flight operations to make the restrictions applicable to all
aircraft including non-U.S. registered aircraft, instead of only U.S.
registered aircraft or aircraft flown by pilots using a FAA pilot
certificate. The NPRM also proposed to amend language for consistency
with other TFR provisions and commercial space regulations and
definitions by replacing ``space flight operations'' with ``launch,
reentry, or amateur rocket operations.'' The intended effect of the
proposed action was to further enhance the safety in the affected
airspace and improve the readability of the TFR requirements. After
further review of this action and the changing technology and scope of
new flight operations, the FAA determined that a better assessment of
TFRs in the National Air Space (NAS) is needed to address present day
operations; therefore, it is withdrawing this NPRM.

DATES: The FAA is withdrawing the NPRM published on September 2, 2015
(80 FR 53033) as of August 2, 2017.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this

action, contact Patrick Moorman, Airspace Regulations Team, AJV-113,
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Overview of Notice 15-07 (NPRM)

    Section 91.143 of Title 14 of the Code of Federal Regulations (CFR)
authorizes the FAA to issue a Notice to Airmen (NOTAM) prohibiting a
person from operating any aircraft of U.S. registry or piloting an
aircraft under the authority of an airman certificate issued by the FAA
in areas designated in the NOTAM for space flight operations. By
restricting non-essential aircraft from the designated recovery area,
the FAA ensures the safe recovery of spacecraft while mitigating the
risk of an aircraft collision.
    On September 2, 2015, the FAA published an NPRM, Notice No. 15-07,
proposing to amend Sec.  91.143 [80 FR 53033] to ensure that all
aircraft--not only U.S. registered aircraft or aircraft flown by pilots
using an FAA pilot certificate--are restricted from operating in
airspace designated for launch, reentry, or amateur rocket operations.
The FAA also proposed amending the provision to update and clarify that
the FAA issues NOTAMs that designate a TFR under Sec.  91.143 for
launch, reentry, or Class 2 or 3 amateur rocket operations, when the
FAA determines a TFR is necessary to maintain safety because
technological changes have resulted in an increased growth of larger
amateur rockets with greater power. The NPRM would also amend the
language of Sec.  91.143 to align with the terminology used in 51
U.S.C. Chapter 509 and the FAA space transportation regulations and
definitions by replacing ``space flight operations'' with ``launch,
reentry, or amateur rocket operations.'' The FAA intended to strengthen
the understandability of these requirements and enhance safety in the
affected airspace.

II. Discussion of Comments Received on the NPRM

    The 60-day comment period closed on November 2, 2015. The FAA
received two comments from individuals regarding: (1) The use of
ambiguous language in the proposed regulation that does not address the
uniqueness of unmanned aircraft operations and (2) a recommendation to
limit the length of a TFR to a narrow window of time.
    One commenter suggested that the FAA limit the length of the TFR to
a narrow window of time not to exceed 24 hours and recommended that a
48-hour notice be provided via NOTAM. The individual commented that any
TFR longer than 24 hours is not temporary and should be established as
a restricted area by rulemaking under the Administrative Procedures
Act. This comment is outside the scope of this rulemaking because time
limits were not proposed in the NPRM and are not addressed in the
existing rule. The FAA notes, however, that TFRs issued under Sec.
91.143 are established within the airspace and over a period of time
necessary to contain the activity and ensure the safety of the NAS.
    Another commenter suggested that the use of the proposed language:
``No person may operate an aircraft within an area . . .'' presents an
undesirable level of ambiguity when considering unmanned aircraft and
drones--particularly autonomously guided or preprogrammed aircraft that
follow GPS coordinates or are otherwise not under the direct control of
a person.
    The FAA defines the term ``operate'' broadly. Under the definition
in Sec.  1.1, ``operate with respect to aircraft, means use, cause to
use or authorize to use aircraft, for the purpose (except as provided
in Sec.  91.13) of air navigation including the piloting of aircraft,
with or without the right of legal control (as owner, lessee, or
otherwise).'' Therefore, the term ``operate'' captures persons who
operate the aircraft directly and those who cause an aircraft to be
operated, whether manned or unmanned. Additionally, ``within'' as used
in the phrase ``within an area designated for launch, reentry, or
amateur rocket operations'' refers to the location of the aircraft, not
the location of the operator.

III. Reason for Withdrawal

    The FAA has decided to withdraw this rulemaking because it has
determined that this regulatory course of action requires further study
of the changing environment of flight operations, including new
technologies and new types of commercially viable operations. The
proposed rule references launch, reentry, and amateur rocket
operations, replacing the reference to ``space operations,'' which
encompasses both launch and reentry; however, narrowing TFRs to launch,
reentry, and amateur rockets operations without understanding the
complete scope of all space operations could unknowingly narrow the
applicability of TFRs. A greater understanding of current flight
operations will serve to enhance the effectiveness of the TFRs. From an
efficiency standpoint, the FAA strives to integrate all operations in
the NAS, and because TFRs are necessary to provide the highest level of
safety, the FAA is withdrawing this NPRM to better assess the scope of
TFR regulations in the NAS. The FAA will continue to include launches,
reentries, and amateur rocket operations under ``space operations'' in
Sec.  91.143.

IV. Conclusion

    The FAA has determined that this regulatory course of action
requires further study and that withdrawal of this NPRM is necessary.
Withdrawal of Notice No. 15-07 does not preclude the FAA from issuing
another notice on the subject matter in the future or commit the agency
to any future course of action. The Agency will make any future
necessary changes to the Code of Federal Regulations through an NPRM
with opportunity for public comment.
    Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs, directs that, unless prohibited by law, whenever an
executive department or agency publicly proposes for notice and comment
or otherwise promulgates a new regulation, it shall identify at least
two existing regulations to be repealed. In addition, any new
incremental costs associated with new regulations shall, to the extent
permitted by law, be offset by the elimination of existing costs. Only
those rules deemed significant under section 3(f) of Executive Order
12866, Regulatory Planning and Review, are subject to these
requirements.
    The FAA has evaluated this withdrawal based on the requirements of
Executive Order 13771. Because the FAA determined that the NPRM was not
a significant regulatory action under Executive Order 12866, the
withdrawal of the NPRM does not constitute an Executive Order 13771
deregulatory action. In addition, the FAA also finds that there are no
quantifiable costs or benefits associated with this withdrawal, and may
therefore publish this action without identifying two offsetting
deregulatory actions. The FAA, therefore, is withdrawing Notice No. 15-
07, published in 80 FR 53033 on September 2, 2015.

    Issued under authority provided by 49 U.S.C. 106(f) and Sec.
40103(b) in Washington, DC, on July 21, 2017.
Gary A. Norek,
Acting Director, Airspace Services.
[FR Doc. 2017-16198 Filed 8-1-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: March 29, 2010 (Volume 75, Number 59)]
[Rules and Regulations]
[Page 15331-15336]
[DOCID:fr29mr10-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0556; Directorate Identifier 2007-NM-028-AD;
Amendment 39-16246; AD 2010-07-02]
RIN 2120-AA64

Airworthiness Directives; Various Aircraft Equipped With
Honeywell Primus II RNZ-850( )/-851( ) Integrated Navigation Units

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) that applies to certain Honeywell Primus II RNZ-850( )/-851( )
integrated navigation units (INUs). As one alternative for compliance,
the existing AD provides for a one-time inspection to determine whether
a certain modification has been installed on the Honeywell Primus II
NV-850 navigation receiver module (NRM), which is part of the INU. In
lieu of accomplishing this inspection, and for aircraft found to have
an affected NRM, that AD provides for revising the aircraft flight
manual to include new limitations for instrument landing system
approaches. That AD also requires an inspection to determine whether
certain other modifications have been done on the NRM; and doing
related investigative, corrective, and other specified actions, as
applicable; as well as further modifications to address additional
anomalies. This AD extends the compliance time for a certain inspection
and associated actions. This AD also revises the applicability to
include additional affected INUs. This AD results from reports
indicating that erroneous localizer and glideslope indications have
occurred on certain aircraft equipped with the subject INUs. We are
issuing this AD to ensure that the flightcrew has accurate localizer
and glideslope deviation indications. An erroneous localizer or
glideslope deviation indication could lead to the aircraft making an
approach off the localizer, which could result in impact with an
obstacle or terrain.

DATES: This AD becomes effective May 3, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 3, 2010.
    On December 1, 2006 (71 FR 62907, October 27, 2006), the Director
of the Federal Register approved the incorporation by reference of
Honeywell Alert Service Bulletin 7510100-34-A0035, dated July 11, 2003;
and Honeywell Service Bulletin 7510100-34-0037, dated July 8, 2004.

ADDRESSES: For service information identified in this AD, contact
Honeywell Aerospace, Technical Publications and Distribution, M/S 2101-
201, P.O. Box 52170, Phoenix, Arizona 85072-2170; telephone 602-365-
5535; fax<PHONE_NUMBER>; Internet http://www.honeywell.com.

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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Daniel Bui, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California
90712-4137; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2006-22-05, Amendment
39-14802 (71 FR 62907, October 27, 2006). The existing AD applies to
various aircraft equipped with certain Honeywell Primus II RNZ-850( )/-
851( ) integrated navigation units (INUs). That NPRM was published in
the Federal Register on May 19, 2008 (73 FR 28751). That NPRM proposed
to continue to provide, as one alternative for compliance, a one-time
inspection to determine whether a certain modification has been
installed on the Honeywell Primus II NV-850 navigation receiver module
(NRM), which is part of the INU. In lieu of accomplishing this
inspection, and for aircraft found to have an affected NRM, that NPRM
proposed to continue to provide for revising the aircraft flight manual
to include new limitations for instrument landing system approaches.
That NPRM proposed to continue to require an inspection to determine
whether certain other modifications have been done on the NRM; and
doing related investigative, corrective, and other specified actions,
as applicable; as well as further modifications to address additional
anomalies. That NPRM also proposed to extend the compliance time for a
certain inspection and associated actions and to revise the
applicability to include additional affected INUs.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.

Request for Credit for Actions Performed in Compliance With Previous
Service Information

    Two commenters, ExpressJet Airlines and Honeywell, request that
credit be given for actions performed in compliance with previous
service information.
    ExpressJet Airlines states that paragraph (l) of the NPRM calls for
an inspection on any INU that is not identified in Table 2 of the NPRM.
However, the NPRM does not take into account the units which have
already been driven to Mod T status by Honeywell Service Bulletin
7510100-34-0037, dated July 8, 2004. ExpressJet requests that
compliance with Honeywell Service Bulletin 7510100-34-0037 be
considered as an alternative to the inspections required in paragraph
(l) of the NPRM.
    Honeywell also commented on the same issue. Honeywell states that
it is concerned that many airplanes have been inspected and verified to
be compliant with AD 2006-22-05. Honeywell asks the FAA to clarify
whether the intent of the NPRM was to require that all affected
operators re-inspect their airplanes. Honeywell also asks if the FAA
can make a note under the compliance section to advise operators who
actually complied with AD 2006-22-05 and verified their radios have
modification AS and the new part number installed that they were
already compliant with the new AD.
    We agree to provide clarification for both ExpressJet Airlines' and
Honeywell's comments. Paragraph (l) of this AD applies only to any INUs
that are not listed in Table 2 of this AD (which is the same list as
Table 1 of AD 2006-22-05). In addition, if operators have previously
inspected INUs that are not listed in Table 2 and have accomplished the
applicable actions specified in paragraph (l) of this AD, then those
operators are already in compliance with paragraph (l) of this AD.
According to paragraph (e) of this AD, the actions are required within
the specified compliance time, unless already accomplished. Honeywell
Service Bulletin 7510100-34-0037 only addresses the localizer fix.
However, this AD requires that the glide slope be fixed in addition to
the localizer. We will not consider compliance with Honeywell Service
Bulletin 7510100-34-0037 as an alternative to the inspections required
in paragraph (l) of the NPRM. No changes have been made to the final
rule.

Request To Remove Reference to Specific Revision of Service Information

    Honeywell requests that the FAA remove the reference to Revision 1,
dated January 21, 2003, of the Honeywell Technical Newsletter (TNL)
A23-3850-001 and simply reference the ``current revision.'' The TNL is
currently at Revision 6. Based on the release of this new AD, Honeywell
states that it plans to update the TNL with current information and
clarify how to interpret the AD. Honeywell states that it cannot
release the update until the new AD is released.
    We disagree with Honeywell's request to refer to the ``current
revision'' of the TNL. The NPRM did not require the Honeywell TNL, but
did require Honeywell Alert Service Bulletin 7510100-34-A0035, dated
July 11, 2003; and Honeywell Service Bulletin 7510100-34-0037, dated
July 8, 2004; as the appropriate sources of service information to
accomplish the required actions in this AD. Honeywell provided the TNL
as a tool to communicate with its customers regarding this technical
issue. We included the TNL in Note 3 of the NPRM for reference only. To
avoid confusion, we have removed Note 3 of the NPRM, which referred to
this TNL.

Request To Revise Paragraph (j) of the NPRM

    Honeywell recommends wording changes to paragraph (j) of the NPRM
to remove the sentence ``If Mod T is installed, no further action is
required by this paragraph.''
    We agree to remove the sentence ``If Mod T is installed, no further
action is required by this paragraph'' from paragraph (j) of the NPRM.
Although Honeywell provides no justification for this wording change,
we agree that making this change provides further clarification. Doing
Mod T repairs only the localizer in accordance with Honeywell Service
Bulletin 7510100-34-0037, dated July 8, 2004. However, the intent of
this AD is to require that the glide slope and the localizer be
serviced. Doing Mod T repairs the localizer in accordance with
Honeywell Service Bulletin 7510100-34-0037, dated July 8, 2004. The
glide slope is addressed by accomplishing the actions in Honeywell
Alert Service Bulletin 7510100-34-A0034, dated February 28, 2003.
Honeywell Alert Service Bulletin 7510100-34-A0035, dated July 11, 2003,
does not address the localizer; it provides instructions for changing
the part number after the glide slope is repaired. The glide slope and
the localizer repairs are accomplished independent from each other in
different Honeywell service bulletins.
    Therefore, we have revised paragraph (j) of this AD by adding the
text ``* * * (which relates to the glide slope fix) * * *'' to the
sentence that begins ``If Mod L, N, P, or R is installed * * *'' and
adding ``if Mod T is not installed (which relates to the localizer
fix), within 30 months after December 1, 2006, do all applicable
related investigative, corrective, and other specified actions in
accordance with the Accomplishment Instructions * * *'' in that same
sentence (before ``Honeywell Service Bulletin 7510100-34-0037, dated
July 8, 2004''). We made this change to clarify that Honeywell Service
Bulletin 7510100-34-0037, dated July 8, 2004, addresses the localizer
fix. This change does not increase the scope of this AD.

Request To Include Additional Service Information

    Honeywell requests that we add Honeywell Alert Service Bulletin
7510134-34-A0017, dated July 11, 2003, to Table 1 in the NPRM.
    We agree to include Honeywell Alert Service Bulletin 7510134-34-
A0017, dated July 11, 2003, in Table 1 of this final rule to maintain
consistency because the other service bulletins included in Table 1 of
this AD were issued in pairs. Honeywell Alert Service Bulletin 7510100-
34-A0034, dated February 28, 2003, was paired with Honeywell Alert
Service Bulletin 7510134-34-A0016, Revision 001, dated March 4, 2003.
Honeywell Service Bulletin 7510100-34-0037, dated July 8, 2004, was
paired with Honeywell Service Bulletin 7510134-34-0018, dated July 8,
2004. Adding Honeywell Alert Service Bulletin 7510134-A0017, does not
change any requirements of this AD, because Honeywell Alert Service
Bulletin 7510134-34-A0017 is a prerequisite to Honeywell Alert Service
Bulletin 7510100-34-A0035, dated July 11, 2003, and Honeywell Alert
Service Bulletin 7510100-34-A0035 refers to Honeywell Alert Service
Bulletin 7510134-34-A0017.
    We contacted Honeywell for more information about the technical
content of Honeywell Alert Service Bulletin 7510134-34-A0017, dated
July 11, 2003. Honeywell Alert Service Bulletin 7510100-34-A0035, dated
July 11, 2003, references Honeywell Alert Service Bulletin 7510134-34-
A0017, dated July 11, 2003, as a source of service information on the
new part numbers assigned after performing Honeywell Alert Service
Bulletin 7510100-34-A0034, dated February 28, 2003. We have added
Honeywell Alert Service Bulletin 7510134-34-A0017, dated July 11, 2003,
to Table 1 of this AD. This does not increase the financial burden on
operators, nor does it increase the scope of the AD.

Request To Add Part Numbers

    Honeywell requests that we revise paragraph (l) of the NPRM to list
part numbers 7510134-611, -631, -701, and -731; which are parts of the
Honeywell Primus II RNZ-850( )/-851( ) INU after modification; to the
inspection to determine whether Mod L, N, P, R, or T is installed.
    We agree to provide clarification. We have revised paragraphs (l),
(l)(1), (l)(2), and (l)(3) of this AD to specify the NRM part numbers
7510134-611, -631, -701, and -731 instead of the modification level.
Paragraphs (l)(1) and (l)(2) of this AD correctly specify which
combination of part number and modification level meets the technical
requirements of the modification. We have determined that these changes
will neither increase the economic burden on any operator nor increase
the scope of the AD.

Explanation of Changes to This AD

    We have changed the product identification line in the body of this
AD to specify the design approval holder of the affected appliance
rather than ``various aircraft.''

Conclusion

    We have carefully reviewed the available data, including the
comments that have been received, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.

Explanation of Change to Costs of Compliance

    After the NPRM was issued, we reviewed the figures we have used
over the past several years to calculate AD costs to operators. To
account for various inflationary costs in the airline industry, we find
it necessary to increase the labor rate used in these calculations from
$80 per work hour to $85 per work hour. The cost impact information,
below, reflects this increase in the specified hourly labor rate.

Costs of Compliance

    There are about 3,063 aircraft of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to

comply with this AD. The manufacturer states that it will supply
required parts to existing customers at no cost.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Average
                 Action                   Work hours   labor rate     Parts       Cost per    Number of U.S.-registered             Fleet cost
                                                        per hour                  aircraft            aircraft
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection for NRM modification level..            1          $85           $0          $85  Up to 1,500...............  Up to $127,500.
AFM revision...........................            1           85            0           85  Up to 1,500...............  Up to 127,500.
Modification (to Mod T configuration)..            1           85            0           85  Up to 1,500...............  Up to 127,500.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the proposed actions
specified in this final rule, and that no operator would accomplish
those actions in the future if this AD were not adopted. We have been
advised, however, that the actions have already been done on some
affected airplanes. Therefore, the future economic cost impact of this
rule on U.S. operators is expected to be less than the cost impact
figures indicated above.

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 have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-14802 (71 FR 62907, October 27, 2006) and by
adding the following new airworthiness directive (AD):

2010-07-02 Honeywell, Inc.: Amendment 39-16246. Docket No. FAA-2008-
0556; Directorate Identifier 2007-NM-028-AD.

Effective Date

    (a) This AD becomes effective May 3, 2010.

Affected ADs

    (b) This AD supersedes AD 2006-22-05, Amendment 39-14802.

Applicability

    (c) This AD applies to various aircraft, certificated in any
category, equipped with any Honeywell Primus II RNZ-850( )/-851( )
integrated navigation units (INUs) identified in a service bulletin
identified in Table 1 of this AD. The aircraft include, but are not
limited to, BAE Systems (Operations) Limited (Jetstream) Model 4101
airplanes; Bombardier Model BD-700-1A10 airplanes; Bombardier Model
CL-215-6B11 (CL-415 variant) airplanes; Cessna Model 560, 560XL, and
650 airplanes; Dassault-Aviation Model Mystere-Falcon 50 airplanes;
328 Support Services GmbH (Dornier) Model 328-100 and -300
airplanes; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model
EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR,
-145MP, and -145EP airplanes; Learjet Model 45 airplanes; Hawker
Beechcraft Corporation Model Hawker 800XP and Hawker 1000 airplanes;
and Sikorsky Model S-76A, S-76B, and S-76C aircraft.

             Table 1--Service Bulletins Affected by This AD
------------------------------------------------------------------------
 INUs listed in Honeywell--      Revision--             Dated--
------------------------------------------------------------------------
(1) Alert Service Bulletin    001............  March 4, 2003.
 7510134-34-A0016.
(2) Alert Service Bulletin    Original.......  July 11, 2003.
 7510134-34-A0017.
(3) Service Bulletin 7510134- Original.......  July 8, 2004.
 34-0018.
(4) Alert Service Bulletin    Original.......  February 28, 2003.
 7510100-34-A0034.
(5) Alert Service Bulletin    Original.......  July 11, 2003.
 7510100-34-A0035.
(6) Service Bulletin 7510100- Original.......  July 8, 2004.
 34-0037.
------------------------------------------------------------------------

    Note 1:  This AD applies to Honeywell Primus II RNZ-850( )/-851(
) INUs installed on any aircraft, regardless of whether the aircraft
has been otherwise modified, altered, or repaired in the area
subject to the requirements of this AD. For aircraft that have been
modified, altered, or repaired so that the performance of the
requirements of this AD is affected, the owner/operator must request
approval for an alternative method of compliance in accordance with
paragraph (o) of this AD. The request should include an assessment
of the effect of the modification, alteration, or repair on the
unsafe condition addressed by this AD; and, if the unsafe condition
has not been eliminated, the request should include specific
proposed actions to address it.

Unsafe Condition

    (d) This AD results from reports indicating that erroneous
localizer and glideslope indications have occurred on certain
aircraft equipped with the subject INUs. We are issuing this AD to
ensure that the flightcrew has accurate localizer and glideslope
deviation indications. An erroneous localizer or glideslope
deviation indication could lead to the aircraft making an approach
off the localizer, which could result in impact with an obstacle or
terrain.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Certain Requirements of AD 2006-22-05

Compliance Time for Action

    (f) For any INU identified in Table 2 of this AD: Within 5 days
after March 11, 2003 (the effective date of AD 2003-04-06, Amendment
39-13054, which was superseded by AD 2006-22-05), accomplish the
requirements of either paragraph (g) or (h) of this AD. After
December 1, 2006 (the effective date of AD 2006-22-05), only
accomplishing the requirements of paragraph (g) of this AD is
acceptable for compliance with this paragraph.

                Table 2--INUs Identified in AD 2006-22-05
------------------------------------------------------------------------

-------------------------------------------------------------------------
P/N 7510100-811 through 7510100-814
inclusive.
P/N 7510100-831 through 7510100-834
inclusive.
P/N 7510100-901 through 7510100-904
inclusive.
P/N 7510100-911 through 7510100-914
inclusive.
P/N 7510100-921 through 7510100-924
inclusive.
P/N 7510100-931 through 7510100-934
inclusive.
------------------------------------------------------------------------

Inspection To Determine Part Number

    (g) For any INU identified in Table 2 of this AD: Perform a one-
time general visual inspection of the modification plate for the
Honeywell Primus II NV-850 Navigation Receiver Module (NRM); part
number 7510134-811, -831, -901, or -931; which is part of the
Honeywell Primus II RNZ-850( )/-851( ) INU; to determine if Mod L
has been installed. The modification plate is located on the bottom
of the Honeywell Primus II RNZ-850( )/-851( ) INU, is labeled NV-
850, and contains the part number and serial number for the
Honeywell Primus II NV-850 NRM. If Mod T is installed, the letter
will be blacked out. The Honeywell service bulletins listed in Table
1 of this AD are acceptable sources of service information for the
inspection required by this paragraph.
    (1) If Mod L is installed, before further flight, do paragraph
(h) or (j) of this AD. After December 1, 2006, only accomplishment
of paragraph (j) is acceptable for compliance with this paragraph.

    Note 2:  For the purposes of this AD, a general visual
inspection is defined as: ``A visual examination of an interior or
exterior area, installation, or assembly to detect obvious damage,
failure, or irregularity. This level of inspection is made from
within touching distance unless otherwise specified. A mirror may be
necessary to enhance visual access to all exposed surfaces in the
inspection area. This level of inspection is made under normally
available lighting conditions such as daylight, hangar lighting,
flashlight, or droplight and may require removal or opening of
access panels or doors. Stands, ladders, or platforms may be
required to gain proximity to the area being checked.''

Aircraft Flight Manual (AFM) Revision

    (h) For aircraft having an INU identified in Table 2 of this AD:
Revise the Limitations section of the AFM to include the following
statements (which may be accomplished by inserting a copy of the AD
into the AFM):

``FLIGHT LIMITATIONS

    When crossing the Outer Marker on glideslope, the altitude must
be verified with the value on the published procedure.
    For aircraft with a single operating glideslope receiver, the
approach may be flown using normal procedures no lower than
Localizer Only Minimum Descent Altitude (MDA).
    For aircraft with two operating glideslope receivers, the
aircraft may be flown to the published minimums for the approach
using normal procedures if both glideslope receivers are tuned to
the approach and both crew members are monitoring the approach using
independent data and displays.''

Parts Installation

    (i) For aircraft having an INU identified in Table 2 of this AD:
As of March 11, 2003, no person may install a Honeywell Primus II
NV-850 NRM on which Mod L has been installed, on the Honeywell
Primus II RNZ-850( )/-851( ) INU of any aircraft, unless paragraph
(h) or (j) of this AD is accomplished. As of December 1, 2006, only
accomplishment of paragraph (j) is acceptable for compliance with
this paragraph.

Inspection To Determine Modification Level of NRM

    (j) For any INU identified in Table 2 of this AD on which Mod L
was found to be installed during the inspection required by
paragraph (g) of this AD, or for aircraft on which paragraph (h) of
this AD was accomplished: Within 30 months after December 1, 2006,
do an inspection of the modification plate on the Honeywell Primus
II NV-850 NRM; part number 7510134-811, -831, -901, or -931; which
is part of the Honeywell Primus II RNZ-850( )/-851( ) INU; to
determine if Mod L, N, P, R, or T is installed. The modification
plate located on the bottom of the Honeywell Primus II RNZ-850( )/-
851( ) INU is labeled NV-850, and contains the part number and
serial number for the Honeywell Primus II NV-850 NRM. If Mod L, N,
P, R, or T is installed, the corresponding letter on the
modification plate will be blacked out. Honeywell Alert Service
Bulletin 7510100-34-A0035, dated July 11, 2003; and Honeywell
Service Bulletin 7510100-34-0037, dated July 8, 2004; are acceptable
sources of service information for this inspection. If Mod L, N, P,
or R is installed (which relates to the glide slope fix), within 30
months after December 1, 2006, do all applicable related
investigative, corrective, and other specified actions, in
accordance with the Accomplishment Instructions of Honeywell Alert
Service Bulletin 7510100-34-A0035, dated July 11, 2003; and if Mod T
is not installed (which relates to the localizer fix), within 30
months after December 1, 2006, do all applicable related
investigative, corrective, and other specified actions, in
accordance with the Accomplishment Instructions of Honeywell Service
Bulletin 7510100-34-0037, dated July 8, 2004; to ensure that the NRM
is at the Mod T configuration. Once the actions in this paragraph
are completed, the AFM revision required by paragraph (h) of this AD
may be removed from the AFM.
    (k) If the inspection specified in paragraph (j) of this AD is
done within the compliance time specified in paragraph (f) of this
AD, paragraph (g) of this AD does not need to be done.

New Requirements of This AD

Inspection To Determine Mod Level

    (l) For any INU that is not identified in Table 2 of this AD:
Within 30 months after the effective date of this AD, perform a one-
time general visual inspection of the modification plate for the
Honeywell Primus II NV-850 Navigation Receiver Module (NRM); part
number 7510134-611, -631, -701, -731, 811, -831, -901, or -931;
which is part of the Honeywell Primus II RNZ-850()/-851() INU; to
determine whether Mod L, N, P, R, or T is installed. The
modification plate located on the bottom of the Honeywell Primus II
RNZ-850()/-851() INU is labeled NV-850, and contains the part number
and serial number for the Honeywell Primus II NV-850 NRM. If Mod L,
N, P, R, or T is installed, the corresponding letter on the
modification plate will be blacked out. Honeywell Alert Service
Bulletin 7510100-34-A0035, dated July 11, 2003; and Honeywell
Service Bulletin 7510100-34-0037, dated July 8, 2004; are acceptable
sources of service information for this inspection.
    (1) If the NRM is part number 7510134-611, -631, -701, or -731,
and has Mod T

installed: No further action is required by this paragraph.
    (2) If the NRM is part number 7510134-611, -631, -701, or -731,
and Mod T is not installed, within 30 months after the effective
date of this AD: Do all applicable related investigative,
corrective, and other specified actions, in accordance with the
accomplishment Instructions of Honeywell Service Bulletin 7510100-
34-0037, dated July 8, 2004; to ensure that the NRM is at the Mod T
configuration.
    (3) If the NRM is part number 7510134-811, -831, -901, or -931:
Within 30 months after the effective date of this AD, do all
applicable related investigative, corrective, and other specified
actions, in accordance with the Accomplishment Instructions of
Honeywell Alert Service Bulletin 7510100-34-A0035, dated July 11,
2003; and Honeywell Service Bulletin 7510100-34-0037, dated July 8,
2004; to ensure that the NRM part number has been updated to
7510134-611, -631, -701, -731 configuration and Mod T has been
installed.

Parts Installation

    (m) As of the effective date of this AD, no person may install a
Honeywell Primus II RNZ-850()/-851() INU that contains a NV-850 NRM
part number 7510134-811, -831, -901, or -931; or part number
7510134-611, -631, -701, or -731, that does not have Mod T
installed, unless paragraph (l) is accomplished.

No Report

    (n) Where Honeywell Alert Service Bulletin 7510100-34-A0035,
dated July 11, 2003 (or any of the related service information
referenced therein), specifies to submit certain information to the
manufacturer, this AD does not include that requirement.

Alternative Methods of Compliance (AMOCs)

    (o)(1) The Manager, Los Angeles Aircraft Certification Office,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Daniel Bui, Aerospace Engineer, Systems and Equipment Branch,
ANM-130L, FAA, Los Angeles Aircraft Certification Office, 3960
Paramount Boulevard, Lakewood, California 90712-4137; telephone
(562) 627-5339; fax<PHONE_NUMBER>.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (p) You must use the service information contained in Table 3 of
this AD, as applicable, to do the actions required by this AD,
unless the AD specifies otherwise. (Only the first page of these
documents specifies the revision level of the document; no other
page contains this information.)

             Table 3--All Material Incorporated by Reference
------------------------------------------------------------------------
         Honeywell--             Revision--             Dated--
------------------------------------------------------------------------
Alert Service Bulletin        001............  March 4, 2003.
 7510134-34-A0016
Alert Service Bulletin        Original.......  July 11, 2003.
 7510134-34-A0017
Alert Service Bulletin        Original.......  February 28, 2003.
 7510100-34-A0034
Alert Service Bulletin        Original.......  July 11, 2003.
 7510100-34-A0035
Service Bulletin 7510100-34-  Original.......  July 8, 2004.
 0037
Service Bulletin 7510134-34-  Original.......  July 8, 2004.
 0018
------------------------------------------------------------------------

     (1) The Director of the Federal Register approved the
incorporation by reference of the service information contained in
Table 4 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.

             Table 4--New Material Incorporated by Reference
------------------------------------------------------------------------
         Honeywell--             Revision--             Dated--
------------------------------------------------------------------------
Alert Service Bulletin        001............  March 4, 2003.
 7510134-34-A0016
Alert Service Bulletin        Original.......  July 11, 2003.
 7510134-34-A0017
Alert Service Bulletin        Original.......  February 28, 2003.
 7510100-34-A0034
Service Bulletin 7510134-34-  Original.......  July 8, 2004.
 0018
------------------------------------------------------------------------

    (2) The Director of the Federal Register previously approved the
incorporation by reference of Honeywell Alert Service Bulletin
7510100-34-A0035, dated July 11, 2003; and Honeywell Service
Bulletin 7510100-34-0037, dated July 8, 2004; on December 1, 2006
(71 FR 62907, October 27, 2006).
    (3) For service information identified in this AD, contact
Honeywell Technical Operations Center, 1944 East Sky Harbor Circle,
Phoenix, AZ 85034-3442; telephone (US & Canada)<PHONE_NUMBER>,
(International)<PHONE_NUMBER>; Internet http://www.honeywell.com.
    (4) You may review copies of the service information at the
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on March 17, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-6547 Filed 3-26-10; 8:45 am]
BILLING CODE 4910-13-P


P-18-0355 Sanitized Support Documents Index:
 P-18-0355 Sanitized Determination Document (linked)
 P-18-0355 Sanitized CHEM Report (attached)
 P-18-0355 Sanitized ECO Report (attached)
 P-18-0355 Sanitized ENG Report (attached)
 P-18-0355 Sanitized EXP Report (attached)
 P-18-0355 Sanitized Fate Report (attached)
 P-18-0355 Sanitized HLTH Report_POST-FOCUS FINAL (attached)


[Federal Register Volume 85, Number 103 (Thursday, May 28, 2020)]
[Notices]
[Page 32035]
[FR Doc No: 2020-11434]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL20-43-000]

DATC Path 15, LLC; Notice of Institution of Section 206
Proceeding and Refund Effective Date

    On May 21, 2020, the Commission issued an order in Docket No. EL20-
43-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e (2018), instituting an investigation into whether DATC Path
15, LLC's proposed Transmission Revenue Requirements are just and
reasonable. DATC Path 15, LLC, 171 FERC 61,144 (2020).
    The refund effective date in Docket No. EL20-43-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL20-43-
000 must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426, in accordance with Rule 214 of the
Commission's Rules of Practice and Procedure, 18 CFR 385.214 (2019),
within 21 days of the date of issuance of the order.

    Dated: May 21, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-11434 Filed 5-27-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 152 (Wednesday, August 7, 2019)]
[Rules and Regulations]
[Pages 38558-38561]
[FR Doc No: 2019-16203]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2019-0218; FRL-9996-99-Region 1]

Air Plan Approval; Maine; Reasonably Available Control Technology
for the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State

Implementation Plan (SIP) revisions submitted by the State of Maine for
purposes of implementing the 2008 Ozone National Ambient Air Quality
Standards (NAAQS). The revisions consist of a demonstration that Maine
meets the requirements of reasonably available control technology
(RACT) for volatile organic compounds (VOCs), set forth by the Clean
Air Act (CAA or Act), with respect to the 2008 Ozone standards.
Additionally, we are approving a related regulation that limits air
emissions of VOCs from certain industrial sources that use organic
solvents in cleaning activities, and withdrawing several previously
approved source-specific RACT requirements for sources that have ceased
operation. This action is being taken under the Clean Air Act.

DATES: This rule is effective on September 6, 2019.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2019-2018. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, 5 Post Office
Square--Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, Air Quality
Branch, U.S. Environmental Protection Agency, EPA Region 1, 5 Post
Office Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel.
617-918-1584, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Public Comment
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On June 11, 2019 (84 FR 27046), EPA issued a notice of proposed
rulemaking (NPRM) for the State of Maine. In the NPRM, EPA proposed
approval of SIP revisions submitted by Maine on August 31, 2018. The
SIP submittal included a certification that Maine has addressed its
RACT requirements for the 2008 Ozone NAAQS, a request for EPA approval
of 06-096 Code of Maine Rules (CMR) Chapter 166, ``Industrial Cleaning
Solvents,'' to address EPA's 2006 CTG for Industrial Cleaning Solvents,
and a request that EPA remove from the SIP several previously approved
source-specific RACT requirements for facilities that no longer exist
or, in one case, for a facility that no longer operates the process
controlled by the source-specific requirements.
    The NPRM provides the rationale for EPA's proposed approval, which
will not be restated here.

II. Public Comment

    EPA received one comment in response to the NPRM. The comment is
outside the scope of a RACT SIP action, does not explain (or provide a
legal basis for) how the proposed action should differ in any way, and
makes no specific mention of the proposed action; it is not germane.

III. Final Action

    EPA is approving 06-096 CMR Chapter 166, ``Industrial Cleaning
Solvents,'' into the Maine SIP at 40 CFR 52.1020(c), ``EPA approved
regulations.'' EPA is approving Maine's SIP revision on the basis that
Maine has met the RACT requirements for the 2008 8-hour Ozone NAAQS as
set forth by sections 182(b) and 184(b)(2) of the CAA. In addition, EPA
is approving ``Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP) Revision Under the 2008 8-hour Ozone National
Ambient Air Quality Standard (NAAQS),'' as having satisfied the 2008 8-
hour NAAQS RACT requirements, and as an addition to the Maine SIP at 40
CFR 52.1020(e), ``Nonregulatory''.
    EPA is withdrawing the following previously-approved source-
specific RACT requirements for ``Prime Tanning Company, York County,
Berwick, Maine'' (two approvals); ``JJ Nissen Baking Company,
Cumberland County, Portland Maine''; ``Georgia Pacific Corporation,
Washington County, Woodland, Maine''; ``Moosehead Manufacturing
Company, Piscataquis County, Dover-Foxcroft, Maine''; ``Moosehead
Manufacturing Company, Piscataquis County, Monson, Maine''; ``Dexter
Shoe Company, Penobscot County, Dexter, Maine'' (two approvals); and
``McCain Foods USA, Inc., Tatermeal Facility'', and removing all
entries for these facilities which are currently listed in 40 CFR
52.1020(d) ``EPA-approved State Source specific requirements.''

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the Code
of Maine Rules described in the amendments to 40 CFR part 52 set forth
below. EPA is also removing provisions from the ``EPA-approved State
Source specific requirements'' table from the Maine State
Implementation Plan at 40 CFR 52.1020(d), which is incorporated by
reference in accordance with the requirements of 1 CFR part 51. The EPA
has made, and will continue to make, these documents generally
available through https://www.regulations.gov and at the EPA Region 1
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the State implementation plan, have been incorporated by reference by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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);

     This action is not an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866;
     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 Clean Air Act; 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. EPA will submit a report containing this action 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 7, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 22, 2019.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
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 U--Maine

0
2. Section 52.1020 is amended by:
0
i. In table (c) by adding a new state citation ``Chapter 166,
Industrial Cleaning Solvents'' in numerical order,
0
ii. In table (d) by removing the entries for ``Prime Tanning Company,
York County, Berwick, Maine'' (remove both entries), ``JJ Nissen Baking
Company, Cumberland County, Portland Maine'', ``Georgia Pacific
Corporation, Washington County, Woodland, Maine'', ``Moosehead
Manufacturing Company, Piscataquis County, Dover-Foxcroft, Maine'',
``Moosehead Manufacturing Company, Piscataquis County, Monson, Maine'',
``Dexter Shoe Company, Penobscot County, Dexter, Maine'' (remove both
entries), and ``McCain Foods USA, Inc., Tatermeal Facility''; and
0
iii. In table (e) by adding a new provision for ``Reasonably Available
Control Technology (RACT) for the 2008 8-hour Ozone National Ambient
Air Quality Standard'' to read as follows:

Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
                                                                        EPA approval date
         State citation              Title/subject          State       EPA approval date       Explanations
                                                       effective date   and citation \1\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Chapter 166.....................  Industrial Cleaning       8/22/2018  8/7/2019 [Insert
                                   Solvents.                            Federal Register
                                                                        citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

* * * * *
    (e) * * *

                                              Maine Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                     Applicable        State submittal
   Name of non regulatory SIP       geographic or      date/effective    EPA approved date      Explanations
           provision             nonattainment area         date                \3\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Reasonably Available Control     Statewide.........  Submitted 9/4/2018  8/7/2019 [Insert
 Technology (RACT) for the 2008                                           Federal Register
 8-hour Ozone National Ambient                                            citation].
 Air Quality Standard.
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

[FR Doc. 2019-16203 Filed 8-6-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33380-33382]
[FR Doc No: 2011-14129]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64593; File No. SR-NYSEArca-2011-34]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Equities Schedule of Fees and Charges for Exchange Services to
Introduce Two New Pricing Tiers, Investor Tier 1 and Investor Tier 2

 June 3, 2011.
    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 June 1, 2011, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes amend the NYSE Arca Equities Schedule of Fees
and Charges for Exchange Services (the ``Schedule'') to introduce two
new pricing tiers, Investor Tier 1 and Investor Tier 2. The text of the
proposed rule change is available at the Exchange's principal office,
at http://www.nyse.com, at the Commission's Public Reference Room, and
at the Commission's Web site at http://www.sec.gov.

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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Effective June 1, 2011, NYSE Arca proposes to introduce two new
pricing tier levels, Investor Tier 1 and Investor Tier 2. Investor Tier
1 will allow customers to earn a credit of $0.0032 per share for
executed orders that provide liquidity to the Book for Tape A, Tape B
and Tape C securities. Investor Tier 2 will allow customers to earn a
credit of $0.0030 per share for executed orders that provide liquidity
to the Book for Tape A, Tape B and Tape C securities. All other fees
and credits will be at the existing tiered and basic rates based on the
firms qualifying levels.
    In order to qualify for the new Investor Tiers, customers must meet
all of the following criteria on a monthly basis:

     Maintain a ratio of cancelled orders to total orders of
less than 30%. In calculating this ratio, the Exchange will exclude
Immediate-or-Cancel orders, which are liquidity removing in nature.

     Maintain a ratio of executed liquidity adding volume to
total volume of greater than 80%.
     For Investor Tier 1, firms must add at least 35 million
shares of liquidity per day on NYSE Arca to qualify. For Investor
Tier 2, firms must add at least 10 million shares of liquidity per
day but less than 35 million shares of liquidity per day on NYSE
Arca to qualify. Trade activity on days when the market closes early
is excluded from both Investor Tiers.

    The goal of the Investor Tiers is to incentivize customers to
maintain low cancellation rates and provide liquidity that supports the
quality of price discovery and promotes market transparency. The tiers
reward providers whose orders stay on the Book and do not rapidly
cancel a large portion of their orders placed, which makes the price
discovery process more efficient and results in higher fill rates,
greater depth and lower volatility. It serves to encourage customers to
post orders that are more likely to be executed.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Securities Exchange Act of 1934
(the ``Act''),\3\ in general, and Section 6(b)(4) of the Act,\4\ in
particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities. The Exchange believes
that the proposal does not constitute an inequitable allocation of
fees, as all similarly situated member organizations and other market
participants will be charged the same amount and access to the
Exchange's market is offered on fair and non-discriminatory terms.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4).
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    NYSE Arca believes that the Investor Tiers are equitable and non-
discriminatory because both are open to all customers on an equal basis
and provide credits that are reasonably related to the value to an
exchange's market quality associated with higher volumes. While the
Investor Tiers distinguish among orders, such distinctions ``are not
designed to permit unfair discrimination'' but rather intended to
promote submission of liquidity providing orders to NYSE Arca, which
would benefit all NYSE Arca members and all investors. Similarly,
NASDAQ established an Investor Support Program (``ISP'') targeting
retail and institutional investor orders where firms receive a higher
rebate if they meet all of the following criteria: (1) Add at least 10
million shares of liquidity per day via ISP-designated ports; (2)
Maintain a ratio of orders-to-orders executed of less than 10 to 1
(counting only liquidity-providing orders and excluding certain order
types) on ISP-designated ports; (3) Exceed the firm's August 2010
``baseline'' volume of liquidity added across all the firm's ports or,
if a firm does not have an August baseline, then the firm will be
deemed to have added an average of 35 million shares per day as the
baseline starting point to qualify for the higher rebate program.\5\ In
addition, by offering two Investor Tiers the Exchange believes more
customers may provide the targeted order flow and more customers will
be eligible to receive the credits for such orders.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 63270 (November 8,
2010), 75 FR 69489 (November 12, 2012) [sic]; Securities Exchange
Act Release No. 63414 (December 2, 2010), 75 FR 76505 (December 28,
2010).
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    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive. In such an environment, the Exchange must continually adjust
its fees to remain competitive with other exchanges and with
alternative trading systems that have been exempted from compliance
with the statutory standards applicable to exchanges. The Exchange
believes that the proposed rule change reflects this competitive
environment because it will broaden the conditions under which
customers may qualify for higher liquidity provider credits.

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

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

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \6\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \7\ thereunder, because it establishes a due, fee, or other charge
imposed by the NYSE Arca.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic comments:

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2011-34 on the subject line.

Paper comments:

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

All submissions should refer to File Number SR-NYSEArca-2011-34. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from

submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEArca-2011-34 and should be submitted on or before June 29, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-14129 Filed 6-7-11; 8:45 am]
BILLING CODE 8011-01-P