[Federal Register: November 24, 2008 (Volume 73, Number 227)]
[Notices]
[Page 71081-71082]
[DOCID:fr24no08-153]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58967; File No. SR-NYSEArca-2008-129]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Its
Schedule of Fees and Charges for Exchange Services That Apply to Mid-
Point Passive Liquidity Orders

November 17, 2008.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Exchange Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is
hereby given that, on November 6, 2008, NYSE Arca, Inc. (``NYSE Arca''
or the ``Exchange''), through its wholly-owned subsidiary NYSE Arca
Equities, Inc. (``NYSE Arca Equities''), 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 et seq.
    \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 its Schedule of Fees and Charges for
Exchange Services (the ``Schedule'') in order to extend its credit for
Mid-Point Passive Liquidity (``MPL'') orders to include transactions
that provide liquidity in Tape C securities. A copy of the new
Schedule, showing changes pursuant to this filing, attached as Exhibit
5, is available on the Exchange's Web site at http://www.nyse.com, at
the Exchange's principal office, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange currently offers NYSE Arca Users \4\ a $.0015 per
share credit for MPL orders that provide liquidity in Tape A
securities. In order to provide additional incentives for participation
and price improvement on NYSE Arca, the Exchange proposes to extend
this credit to MPL orders that provide liquidity in Tape C securities.
For start of month billing purposes, the Exchange intends to offer this
$.0015 per share credit to all Users for MPL orders providing liquidity
in Tape C securities retroactively, starting November 3, 2008.
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    \4\ See NYSE Arca Equities Rule 1.1(yy) for the definition of
``User.'' Under Rule 1.1(yy), the term User means any ETP Holder or
Sponsored Participant who is authorized to obtain access to the NYSE
Marketplace pursuant to NYSE Arca Equities Rule 7.29. MPL Orders,
similar to all other order types offered by the Exchange, are
available only to authorized Users.
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    The Exchange believes that the proposed credit will foster
additional flexibility and increased system functionality for NYSE Arca
Users. The Exchange further believes that the proposed credits are
reasonable and that the proposed changes to the Schedule are equitable
in that they apply uniformly to our Users.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Securities Exchange Act of 1934 (the ``Act''),\5\
in general, and furthers the objectives of Section

6(b)(4),\6\ in particular, in that it is intended 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 proposed credits are reasonable. The proposed credits
further the objectives of Regulation NMS by promoting competition and
granting fair and equal access to all exchange participants. The
Exchange also believes that the proposed changes to the Schedule are
equitable in that they apply uniformly to our Users.
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    \5\ 15 U.S.C. 78a et seq.
    \6\ 15 U.S.C. 78f(b)(4).
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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 Exchange 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 proposed rule change is effective upon filing pursuant to
Section 19(b)(3)(A)(ii) of the Act and SEC Rule 19b-4(f)(2) thereunder
in that it establishes or changes a due, fee, or other charge imposed
on members by the self-regulatory organization.
    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

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-2008-129 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2008-129. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro/shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing will also 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 No. SR-NYSEArca-2008-129 and should be submitted on or before
December 15, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-27882 Filed 11-21-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 203 (Friday, October 19, 2012)]
[Notices]
[Pages 64368-64369]
[FR Doc No: 2012-25739]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Form N-MFP, OMB Control No. 3235-0657, SEC File No. 270-604.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget for extension and approval.
    Section 30(b) of the Investment Company Act of 1940 [15 U.S.C. 80a-
30(b)] (``Act'') provides that ``[e]very registered investment company
shall file with the Commission * * * such information, documents, and
reports (other than financial statements), as the Commission may
require to keep reasonably current the information and documents
contained in the registration statement of such company * * *.'' Rule
30b1-7 under the Act [17 CFR 270.30b1-7], entitled ``Monthly Report for
Money Market Funds,'' provides that every registered investment
company, or series thereof, that is regulated as a money market fund
under rule 2a-7 [17 CFR 270.2a-7] must file with the Commission a
monthly report of portfolio holdings on Form N-MFP [17 CFR 274.201] no
later than the fifth business day of each month. Form N-MFP sets forth
the specific disclosure items that money market funds must provide. The
report must be filed electronically using the Commission's electronic
filing system (``EDGAR'') in eXtensible Markup Language (``XML'')
format.
    Certain provisions of the rule and form contain ``collection of
information'' requirements. We estimate that 684 money market funds are
required by rule 30b1-7 to file, on a monthly basis, a complete report
on Form N-MFP disclosing certain information regarding the fund and its
portfolio holdings. We further estimate that an additional ten new
money market funds will file reports on Form N-MFP each year. For
purposes of this Paperwork Reduction Act analysis, the burden
associated with the requirements of rule 30b1-7 is included in the
collection of information requirements of Form N-MFP, rather than the
rule. Based on conversations with industry participants, we estimate
that money market funds prepare and file their reports on Form N-MFP by
either (1) licensing a software solution and preparing and filing the
report in house, or (2) retaining a service provider to provide data
aggregation and validation services as part of the preparation and
filing of reports on Form N-MFP on behalf of the fund.
    We estimate that 35% of money market funds (239 funds) license a
software solution and file reports on Form N-MFP in house; we further
estimate that each fund that files reports on Form N-MFP in house
requires an average of approximately 42 burden hours to compile
(including review of the information), tag, and electronically file the
Form N-MFP for the first time and an average of approximately 8 burden
hours for subsequent filings. Therefore, we estimate the per fund
average annual hour burden is 96 hours for existing funds and 130 hours
for new money market funds. Based on an estimate of 239 existing fund
filers and 4 new fund filers each year, we estimate that filing reports
on Form N-MFP in house takes 23,464 hours per year.
    We estimate that 65% of money market funds (445 funds) retain the
services of a third party to provide data aggregation and validation
services as part of the preparation and filing of reports on Form N-MFP
on the fund's behalf; we further estimate that each fund requires an
average of approximately 21 burden hours to compile and review the
information with the service provider prior to electronically filing
the report for the first time and an average of approximately 4 burden
hours for subsequent filings. Therefore, we estimate the per fund
average annual hour burden is 48 hours for existing funds and 65 hours
for new money market funds. Based on an estimate of 445 existing fund
filers and 6 new fund filers each year, we estimate that filing reports
on Form N-MFP using a service provider takes 21,750 hours per year. In
sum, we estimate that filing reports on Form N-MFP imposes a total
annual hour burden of 45,214 on all money market funds.
    In addition to the costs associated with the hours burdens
discussed above, money market funds incur other external costs. Based
on discussions with industry participants, we estimate that money
market funds that file reports on Form N-MFP in house license a third-
party software solution to assist in filing their reports at an average

cost of $3,360 per fund per year. In addition, we estimate that money
market funds that use a service provider to prepare and file reports on
Form N-MFP pay an average fee of $8,000 per fund per year. In sum, we
estimate that all money market funds incur on average, in the
aggregate, external annual costs of $4,424,480.\1\
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    \1\ This estimate is based on the following calculation: (243
money market funds (239 existing funds + 4 new funds) that file
reports on Form N-MFP in house x $3,360 per fund, per year) + (451
money market funds (445 existing funds + 6 new funds) that file
reports on Form N-MFP using a service provider x $8,000 per fund,
per year) = $4,424,480.
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    The estimate of burden hours and costs is made solely for the
purposes of the Paperwork Reduction Act. The estimates are not derived
from a comprehensive or even a representative survey or study of the
costs of Commission rules. The collection of information under Form N-
MFP is mandatory. The information provided by the form is not kept
confidential. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid control number.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Thomas Bayer, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312; or send an
email to<EMAIL_ADDRESS>
    Dated: October 15, 2012.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-25739 Filed 10-18-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Notices]
[Pages 28025-28026]
[FR Doc No: 2011-11730]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Project No. 14142-000

East Maui Pumped Storage Water Supply LCC; Notice of Preliminary
Permit Application Accepted for Filing and Soliciting Comments, Motions
To Intervene, and Competing Applications

    On April 1, 2011, East Maui Pumped Storage Water Supply LCC filed
an application for a preliminary permit, pursuant to section 4(f) of
the Federal Power Act (FPA), proposing to study the feasibility of the
East Maui Pumped Storage Water Supply Project to be located on the
Miliko Gulch, in Maui County, Hawaii. The sole purpose of a preliminary
permit, if issued, is to grant the permit holder priority to file a
license application during the permit term. A preliminary permit does
not authorize the permit holder to perform any land-disturbing
activities or

otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed project will consist of the following: (1) A 400-foot-
long, 250-foot-high earthen dam impounding an upper reservoir with a
40-acre surface area and storage volume of 2,750 acre-feet; (2) a
15,600-foot-long, 5-foot-diameter steel penstock; (3) a 1,400-foot-
long, 50-foot-high intermediate earthen dam impounding an intermediate
reservoir with a 55-acre surface area and storage volume of 2,750 acre-
feet; (4) a 800-foot-long, 200-foot-high intermediate earthen dam
impounding a lower reservoir with a 50-acre surface area and storage
volume of 5,000 acre-feet; (5) a 7,000-foot-long, 6-foot-diameter steel
penstock; (6) a powerhouse containing two Francis-type pump units at
15-megawatts each; (7) a 11-mile-long, 138-kilovolt transmission line
connecting to the InterIsland direct current transmission line. The
estimated annual generation of the project would be 120 gigawatt-hours.
    Applicant Contact: Mr. Bart M. O'Keeffe, East Maui Pumped Storage
Water Supply LLC; P.O. Box 1916; Discovery Bay, CA 94505; phone: (925)
634-1550.
    FERC Contact: Ian Smith; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14142-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: May 6, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-11730 Filed 5-12-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 171 (Wednesday, September 4, 2019)]
[Notices]
[Page 46518]
[FR Doc No: 2019-19042]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER19-2684-000]

Palmer Solar, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced Palmer Solar,
LLC's application for market-based rate authority, with an accompanying
rate tariff, noting that such application includes a request for
blanket authorization, under 18 CFR part 34, of future issuances of
securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 17, 2019.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: August 28, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-19042 Filed 9-3-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)]
[Rules and Regulations]
[Pages 48915-48917]
[FR Doc No: 2017-22559]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0692; Product Identifier 2017-NM-043-AD; Amendment
39-19075; AD 2017-21-04]
RIN 2120-AA64

Airworthiness Directives; Gulfstream Aerospace LP (Type
Certificate Previously Held by Israel Aircraft Industries, Ltd.)
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Gulfstream Aerospace LP Model Gulfstream G150 airplanes. This AD was
prompted by a report indicating that the main entrance door (MED)
opened during flight, and by the determination that the ``CABIN DOOR
UNLOCK'' crew alerting system (CAS) message may extinguish before the
handle latch pin is fully engaged. This AD requires accomplishing an
updated rigging procedure for the adjustment of the MED microswitch. We
are issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective November 27, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 27,
2017.

ADDRESSES: For service information identified in this final rule,
contact Gulfstream Aerospace Corporation, P.O. Box 2206, Mail Station
D-25, Savannah, GA 31402-2206; telephone<PHONE_NUMBER>; fax 912-965-
3520; email [email protected]; Internet http://www.gulfstream.com/product_support/technical_pubs/pubs/index.htm. You may view this
referenced service information at the FAA, Transport Standards Branch,
1601 Lind Avenue SW., Renton, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. It is also available on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2017-0692.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0692; 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 street address for the Docket Office (telephone
800-647-5527) is Docket 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: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 1601 Lind
Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>; fax 425-227-
1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Gulfstream
Aerospace LP Model Gulfstream G150 airplanes. The NPRM published in the
Federal Register on July 17, 2017 (82 FR 32656) (``the NPRM'').
    The Civil Aviation Authority of Israel (CAAI), which is the
aviation authority for Israel, has issued Israeli Airworthiness
Directive ISR-I-52-2017-03-28, dated January 3, 2017 (referred to after
this as the Mandatory Continuing Airworthiness Information, or ``the
MCAI''), to correct an unsafe condition for certain Gulfstream
Aerospace LP Model Gulfstream G150 airplanes. The MCAI states:

    [The purpose of the Israeli AD is] to improve the Main Entrance
Door (MED) microswitch adjustment procedure so that the locking
indication will be extinguished when the door handle is locked.

    The required actions include accomplishing an updated rigging
procedure for the adjustment of the MED microswitch. The unsafe
condition is the in-flight opening of the MED, which could lead to
structural damage and loss of control of the airplane. You may examine
the MCAI in the AD docket on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2017-0692.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Gulfstream Aerospace LP has issued Gulfstream G150 Service Bulletin
150-52-188, dated January 15, 2016. The service information describes
an updated rigging procedure for the adjustment of the MED microswitch.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 65 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
MED microswitch adjustment............  6 work-hours x $85 per                $3            $513         $33,345
                                         hour = $510.
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

    We 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 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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2017-21-04 Gulfstream Aerospace LP (Type Certificate Previously Held
by Israel Aircraft Industries, Ltd.): Amendment 39-19075; Docket No.
FAA-2017-0692; Product Identifier 2017-NM-043-AD.

(a) Effective Date

    This AD is effective November 27, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Gulfstream Aerospace LP Model Gulfstream G150
airplanes, certificated in any category, serial numbers 201 through
318 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by a report indicating that the main
entrance door (MED) opened during flight, and by the determination
that the ``CABIN DOOR UNLOCK'' crew alerting system (CAS) message
may extinguish before the handle latch pin is fully engaged. We are
issuing this AD to prevent the MED from opening during flight, which
could lead to structural damage and loss of control of the airplane.

(f) Compliance

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

(g) Rigging Procedure

    Within 12 months after the effective date of this AD: Do an
updated rigging procedure for adjustment of the MED microswitch, in
accordance with the Accomplishment Instructions of Gulfstream G150
Service Bulletin 150-52-188, dated January 15, 2016.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (i)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal

inspector, the manager of the local flight standards district
office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the Civil Aviation
Authority of Israel (CAAI); or the CAAI's authorized Designee. If
approved by the CAAI Designee, the approval must include the
Designee's authorized signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) CAAI Airworthiness Directive ISR-I-52-2017-03-28, dated
January 3, 2017, for related information. This MCAI may be found in
the AD docket on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2017-0692.
    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone
425-227-1137; fax<PHONE_NUMBER>.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Gulfstream G150 Service Bulletin 150-52-188, dated January
15, 2016.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Gulfstream Aerospace Corporation, P.O. Box 2206, Mail Station D-25,
Savannah, GA 31402-2206; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
email [email protected]; Internet http://www.gulfstream.com/product_support/technical_pubs/pubs/index.htm.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 11, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-22559 Filed 10-20-17; 8:45 am]
BILLING CODE 4910-13-P


(4) Personal property in the care, custody or control of [insert
Grantor];
    (5) That particular part of real property on which [insert
Grantor] or any contractors or subcontractors working directly or
indirectly on behalf of [insert Grantor] are performing operations,
if the property damage arises out of these operations.
    In the event of combination with another mechanism for liability
coverage, the Fund shall be considered [insert ``primary'' or
``excess''] coverage.
    The Fund is established initially as consisting of the property,
which is acceptable to the Trustee, described in Schedule B attached
hereto. Such property and any other property subsequently
transferred to the Trustee is referred to as the Fund, together with
all earnings and profits thereon, less any payments or distributions
made by the Trustee pursuant to this Agreement. The Fund shall be
held by the Trustee, IN TRUST, as hereinafter provided. The Trustee
shall not be responsible nor shall it undertake any responsibility
for the amount or adequacy of, nor any duty to collect from the
Grantor, any payments necessary to discharge any liabilities of the
Grantor established by EPA.
    Section 4. Payment for Bodily Injury or Property Damage. The
Trustee shall satisfy a third party liability claim by making
payments from the Fund only upon receipt of one of the following
documents;
    (a) Certification from the Grantor and the third party
claimant(s) that the liability claim should be paid. The
certification must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the
brackets deleted:

Certification of Valid Claim

    The undersigned, as parties [insert Grantor] and [insert name
and address of third party claimant(s)], hereby certify that the
claim of bodily injury and/or property damage caused by a [sudden or
nonsudden] accidental occurrence arising from operating [Grantor's]
facility or group of facilities should be paid in the amount of $[
].

[Signatures]

Grantor

[Signatures]

Claimant(s)

    (b) A valid final court order establishing a judgment against
the Grantor for bodily injury or property damage caused by sudden or
nonsudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities.
    Section 5. Payments Comprising the Fund. Payments made to the
Trustee for the Fund shall consist of cash or securities acceptable
to the Trustee.
    Section 6. Trustee Management. The Trustee shall invest and
reinvest the principal and income, in accordance with general
investment policies and guidelines which the Grantor may communicate
in writing to the Trustee from time to time, subject, however, to
the provisions of this section. In investing, reinvesting,
exchanging, selling, and managing the Fund, the Trustee shall
discharge his duties with respect to the trust fund solely in the
interest of the beneficiary and with the care, skill, prudence, and
diligence under the circumstance then prevailing which persons of
prudence, acting in a like capacity and familiar with such matters,
would use in the conduct of an enterprise of a like character and
with like aims; except that:
    (i) Securities or other obligations of the Grantor, or any other
owner or operator of the facilities, or any of their affiliates as
defined in the Investment Company Act of 1940, as amended, 15 U.S.C.
80a-2.(a), shall not be acquired or held unless they are securities
or other obligations of the Federal or a State government;
    (ii) The Trustee is authorized to invest the Fund in time or
demand deposits of the Trustee, to the extent insured by an agency
of the Federal or State government; and

    (iii) The Trustee is authorized to hold cash awaiting investment
or distribution uninvested for a reasonable time and without
liability for the payment of interest thereon. Section 7.
Commingling and Investment. The Trustee is expressly authorized in
its discretion:
    (a) To transfer from time to time any or all of the assets of
the Fund to any common commingled, or collective trust fund created
by the Trustee in which the fund is eligible to participate, subject
to all of the provisions thereof, to be commingled with the assets
of other trusts participating therein; and
    (b) To purchase shares in any investment company registered
under the Investment Company Act of 1940, 15 U.S.C. 81a-1 et seq.,
including one which may be created, managed, underwritten, or to
which investment advice is rendered or the shares of which are sold
by the Trustee. The Trustee may vote such shares in its discretion.
    Section 8. Express Powers of Trustee. Without in any way
limiting the powers and discretions conferred upon the Trustee by
the other provisions of this Agreement or by law, the Trustee is
expressly authorized and empowered:
    (a) To sell, exchange, convey, transfer, or otherwise dispose of
any property held by it, by public or private sale. No person
dealing with the Trustee shall be bound to see to the application of
the purchase money or to inquire into the validity or expediency of
any such sale or other disposition;
    (b) To make, execute, acknowledge, and deliver any and all
documents of transfer and conveyance and any and all other
instruments that may be necessary or appropriate to carry out the
powers herein granted;
    (c) To register any securities held in the Fund in its own name
or in the name of a nominee and to hold any security in bearer form
or in book entry, or to combine certificates representing such
securities with certificates of the same issue held by the Trustee
in other fiduciary capacities, or to deposit or arrange for the
deposit of such securities in a qualified central depository even
though, when so deposited, such securities may be merged and held in
bulk in the name of the nominee of such depository with other
securities deposited therein by another person, or to deposit or
arrange for the deposit of any securities issued by the United
States Government, or any agency or instrumentality thereof, with a
Federal Reserve bank, but the books and records of the Trustee shall
at all times show that all such securities are part of the Fund;
    (d) To deposit any cash in the Fund in interest-bearing accounts
maintained or savings certificates issued by the Trustee, in its
separate corporate capacity, or in any other banking institution
affiliated with the Trustee, to the extent insured by an agency of
the Federal or State government; and
    (e) To compromise or otherwise adjust all claims in favor of or
against the Fund.
    Section 9. Taxes and Expenses. All taxes of any kind that may be
assessed or levied against or in respect of the Fund and all
brokerage commissions incurred by the Fund shall be paid from the
Fund. All other expenses incurred by the Trustee in connection with
the administration of this Trust, including fees for legal services
rendered to the Trustee, the compensation of the Trustee to the
extent not paid directly by the Grantor, and all other proper
charges and disbursements of the Trustee shall be paid from the
Fund.
    Section 10. Annual Valuations. The Trustee shall annually, at
least 30 days prior to the anniversary date of establishment of the
Fund, furnish to the Grantor and to the appropriate EPA Regional
Administrator a statement confirming the value of the Trust. Any
securities in the Fund shall be valued at market value as of no more
than 60 days prior to the anniversary date of establishment of the
Fund. The failure of the Grantor to object in writing to the Trustee
within 90 days after the statement has been furnished to the Grantor
and the EPA Regional Administrator shall constitute a conclusively
binding assent by the Grantor barring the Grantor from asserting any
claim or liability against the Trustee with respect to matters
disclosed in the statement.
    Section 11. Advice of Counsel. The Trustee may from time to time
consult with counsel, who may be counsel to the Grantor with respect
to any question arising as to the construction of this Agreement or
any action to be taken hereunder. The Trustee shall be fully
protected, to the extent permitted by law, in acting upon the advice
of counsel.
    Section 12. Trustee Compensation. The Trustee shall be entitled
to reasonable compensation for its services as agreed upon in
writing from time to time with the Grantor.
    Section 13. Successor Trustee. The Trustee may resign or the
Grantor may replace the Trustee, but such resignation or replacement
shall not be effective until the Grantor has appointed a successor
trustee and this successor accepts the appointment. The successor
trustee shall have the same powers and duties as those conferred
upon the Trustee hereunder. Upon the successor trustee's acceptance
of the appointment, the Trustee shall assign, transfer, and pay over
to the successor trustee the funds and properties then constituting
the Fund. If for any reason the Grantor cannot or does not act in
the event of the resignation of the Trustee, the Trustee may apply
to a court of competent jurisdiction for the appointment of a
successor trustee or for instructions. The successor trustee shall
specify the date on which it assumes administration of the trust in
a writing sent to the Grantor, the EPA Regional Administrator, and
the present Trustee by certified mail 10 days before such change
becomes effective. Any expenses incurred by the Trustee as a result
of any of the acts contemplated by this section shall be paid as
provided in Section 9.
    Section 14. Instructions to the Trustee. All orders, requests,
and instructions by the Grantor to the Trustee shall be in writing,
signed by such persons as are designated in the attached Exhibit A
or such other designees as the Grantor may designate by amendments
to Exhibit A. The Trustee shall be fully protected in acting without
inquiry in accordance with the Grantor's orders, requests, and
instructions. All orders, requests, and instructions by the EPA
Regional Administrator to the Trustee shall be in writing, signed by
the EPA Regional Administrators of the Regions in which the
facilities are located, or their designees, and the Trustee shall
act and shall be fully protected in acting in accordance with such
orders, requests, and instructions. The Trustee shall have the right
to assume, in the absence of written notice to the contrary, that no
event constituting a change or a termination of the authority of any
person to act on behalf of the Grantor or EPA hereunder has
occurred. The Trustee shall have no duty to act in the absence of
such orders, requests, and instructions from the Grantor and/or EPA,
except as provided for herein.
    Section 15. Notice of Nonpayment. If a payment for bodily injury
or property damage is made under Section 4 of this trust, the
Trustee shall notify the Grantor of such payment and the amount(s)
thereof within five (5) working days. The Grantor shall, on or
before the anniversary date of the establishment of the Fund
following such notice, either make payments to the Trustee in
amounts sufficient to cause the trust to return to its value
immediately prior to the payment of claims under Section 4, or shall
provide written proof to the Trustee that other financial assurance
for liability coverage has been obtained equaling the amount
necessary to return the trust to its value prior to the payment of
claims. If the Grantor does not either make payments to the Trustee
or provide the Trustee with such proof, the Trustee shall within 10
working days after the anniversary date of the establishment of the
Fund provide a written notice of nonpayment to the EPA Regional
Administrator.
    Section 16. Amendment of Agreement. This Agreement may be
amended by an instrument in writing executed by the Grantor, the
Trustee, and the appropriate EPA Regional Administrator, or by the
Trustee and the appropriate EPA Regional Administrator if the
Grantor ceases to exist.
    Section 17. Irrevocability and Termination. Subject to the right
of the parties to amend this Agreement as provided in Section 16,
this Trust shall be irrevocable and shall continue until terminated
at the written agreement of the Grantor, the Trustee, and the EPA
Regional Administrator, or by the Trustee and the EPA Regional
Administrator, if the Grantor ceases to exist. Upon termination of
the Trust, all remaining trust property, less final trust
administration expenses, shall be delivered to the Grantor.
    The Regional Administrator will agree to termination of the
Trust when the owner or operator substitutes alternate financial
assurance as specified in this section.
    Section 18. Immunity and Indemnification. The Trustee shall not
incur personal liability of any nature in connection with any act or
omission, made in good faith, in the administration of this Trust,
or in carrying out any directions by the Grantor or the EPA Regional
Administrator issued in accordance with this Agreement. The Trustee
shall be indemnified and saved harmless by the Grantor or from the
Trust Fund, or both, from and against any personal liability to
which the Trustee may be subjected by reason of any act or conduct
in its official capacity,

including all expenses reasonably incurred in its defense in the
event the Grantor fails to provide such defense.
    Section 19. Choice of Law. This Agreement shall be administered,
construed, and enforced according to the laws of the State of [enter
name of State].
    Section 20. Interpretation. As used in this Agreement, words in
the singular include the plural and words in the plural include the
singular. The descriptive headings for each section of this
Agreement shall not affect the interpretation or the legal efficacy
of this Agreement.
    In Witness Whereof the parties have caused this Agreement to be
executed by their respective officers duly authorized and their
corporate seals to be hereunto affixed and attested as of the date
first above written. The parties below certify that the wording of
this Agreement is identical to the wording specified in 40 CFR
261.151(l) as such regulations were constituted on the date first
above written.

[Signature of Grantor]

[Title]

Attest:

[Title]

[Seal]

[Signature of Trustee]

Attest:

[Title]

[Seal]

    (2) The following is an example of the certification of
acknowledgement which must accompany the trust agreement for a trust
fund as specified in Sec. 261.147(j) of this chapter. State
requirements may differ on the proper
State of---------------------------------------------------------------

County of--------------------------------------------------------------

    On this [date], before me personally came [owner or operator] to
me known, who, being by me duly sworn, did depose and say that she/
he resides at [address], that she/he is [title] of [corporation],
the corporation described in and which executed the above
instrument; that she/he knows the seal of said corporation; that the
seal affixed to such instrument is such corporate seal; that it was
so affixed by order of the Board of Directors of said corporation,
and that she/he signed her/ his name thereto by like order.

[Signature of Notary Public]

    (m)(1) A standby trust agreement, as specified in Sec.
261.147(h) of this chapter, must be worded as follows, except that
instructions in brackets are to be replaced with the relevant
information and the brackets deleted:

Standby Trust Agreement

    Trust Agreement, the ``Agreement,'' entered into as of [date] by
and between [name of the owner or operator] a [name of a State]
[insert ``corporation,'' ``partnership,'' ``association,'' or
``proprietorship''], the ``Grantor,'' and [name of corporate
trustee], [insert, ``incorporated in the State of ----------------''
or ``a national bank''], the ``trustee.''
    Whereas the United States Environmental Protection Agency,
``EPA,'' an agency of the United States Government, has established
certain regulations applicable to the Grantor, requiring that an
owner or operator must demonstrate financial responsibility for
bodily injury and property damage to third parties caused by sudden
accidental and/or nonsudden accidental occurrences arising from
operations of the facility or group of facilities.
    Whereas, the Grantor has elected to establish a standby trust
into which the proceeds from a letter of credit may be deposited to
assure all or part of such financial responsibility for the
facilities identified herein.
    Whereas, the Grantor, acting through its duly authorized
officers, has selected the Trustee to be the trustee under this
agreement, and the Trustee is willing to act as trustee.
    Now, therefore, the Grantor and the Trustee agree as follows:
    Section 1. Definitions. As used in this Agreement:
    (a) The term Grantor means the owner or operator who enters into
this Agreement and any successors or assigns of the Grantor.
    (b) The term Trustee means the Trustee who enters into this
Agreement and any successor Trustee.
    Section 2. Identification of Facilities. This Agreement pertains
to the facilities identified on attached schedule A [on schedule A,
for each facility list the EPA Identification Number (if any
issued), name, and address of the facility(ies) and the amount of
liability coverage, or portions thereof, if more than one instrument
affords combined coverage as demonstrated by this Agreement].
    Section 3. Establishment of Fund. The Grantor and the Trustee
hereby establish a standby trust fund, hereafter the ``Fund,'' for
the benefit of any and all third parties injured or damaged by
[sudden and/or nonsudden] accidental occurrences arising from
operation of the facility(ies) covered by this guarantee, in the
amounts of ---------[up to $1 million] per occurrence and ---------
[up to $2 million] annual aggregate for sudden accidental
occurrences and ---------[up to $3 million] per occurrence and ----
-----[up to $6 million] annual aggregate for nonsudden occurrences,
except that the Fund is not established for the benefit of third
parties for the following:
    (a) Bodily injury or property damage for which [insert Grantor]
is obligated to pay damages by reason of the assumption of liability
in a contract or agreement. This exclusion does not apply to
liability for damages that [insert Grantor] would be obligated to
pay in the absence of the contract or agreement.
    (b) Any obligation of [insert Grantor] under a workers'
compensation, disability benefits, or unemployment compensation law
or any similar law.
    (c) Bodily injury to:
    (1) An employee of [insert Grantor] arising from, and in the
course of, employment by [insert Grantor]; or
    (2) The spouse, child, parent, brother or sister of that
employee as a consequence of, or arising from, and in the course of
employment by [insert Grantor].
    This exclusion applies:
    (A) Whether [insert Grantor] may be liable as an employer or in
any other capacity; and
    (B) To any obligation to share damages with or repay another
person who must pay damages because of the injury to persons
identified in paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the
ownership, maintenance, use, or entrustment to others of any
aircraft, motor vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert Grantor];
    (2) Premises that are sold, given away or abandoned by [insert
Grantor] if the property damage arises out of any part of those
premises;
    (3) Property loaned by [insert Grantor];
    (4) Personal property in the care, custody or control of [insert
Grantor];
    (5) That particular part of real property on which [insert
Grantor] or any contractors or subcontractors working directly or
indirectly on behalf of [insert Grantor] are performing operations,
if the property damage arises out of these operations.
    In the event of combination with another mechanism for liability
coverage, the Fund shall be considered [insert ``primary'' or
``excess''] coverage.
    The Fund is established initially as consisting of the proceeds
of the letter of credit deposited into the Fund. Such proceeds and
any other property subsequently transferred to the Trustee is
referred to as the Fund, together with all earnings and profits
thereon, less any payments or distributions made by the Trustee
pursuant to this Agreement. The Fund shall be held by the Trustee,
IN TRUST, as hereinafter provided. The Trustee shall not be
responsible nor shall it undertake any responsibility for the amount
or adequacy of, nor any duty to collect from the Grantor, any
payments necessary to discharge any liabilities of the Grantor
established by EPA.
    Section 4. Payment for Bodily Injury or Property Damage. The
Trustee shall satisfy a third party liability claim by drawing on
the letter of credit described in Schedule B and by making payments
from the Fund only upon receipt of one of the following documents:
    (a) Certification from the Grantor and the third party
claimant(s) that the liability claim should be paid. The
certification must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the
brackets deleted:

Certification of Valid Claim

    The undersigned, as parties [insert Grantor] and [insert name
and address of third party claimant(s)], hereby certify that the
claim of bodily injury and/or property damage caused by a [sudden or
nonsudden] accidental occurrence arising from operating [Grantor's]
facility should be paid in the amount of $[ ]
[Signature]------------------------------------------------------------

Grantor----------------------------------------------------------------

[Signatures]-----------------------------------------------------------

Claimant(s)------------------------------------------------------------

-----------------------------------------------------------------------
    (b) A valid final court order establishing a judgment against
the Grantor for bodily injury or property damage caused by sudden or
nonsudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities.
    Section 5. Payments Comprising the Fund. Payments made to the
Trustee for the Fund shall consist of the proceeds from the letter
of credit drawn upon by the Trustee in accordance with the
requirements of 40 CFR 261.151(k) and Section 4 of this Agreement.
    Section 6. Trustee Management. The Trustee shall invest and
reinvest the principal and income, in accordance with general
investment policies and guidelines which the Grantor may communicate
in writing to the Trustee from time to time, subject, however, to
the provisions of this Section. In investing, reinvesting,
exchanging, selling, and managing the Fund, the Trustee shall
discharge his duties with respect to the trust fund solely in the
interest of the beneficiary and with the care, skill, prudence, and
diligence under the circumstances then prevailing which persons of
prudence, acting in a like capacity and familiar with such matters,
would use in the conduct of an enterprise of a like character and
with like aims; except that:
    (i) Securities or other obligations of the Grantor, or any other
owner or operator of the facilities, or any of their affiliates as
defined in the Investment Company Act of 1940, as amended, 15 U.S.C.
80a-2(a), shall not be acquired or held, unless they are securities
or other obligations of the Federal or a State government;
    (ii) The Trustee is authorized to invest the Fund in time or
demand deposits of the Trustee, to the extent insured by an agency
of the Federal or a State government; and
    (iii) The Trustee is authorized to hold cash awaiting investment
or distribution uninvested for a reasonable time and without
liability for the payment of interest thereon.
    Section 7. Commingling and Investment. The Trustee is expressly
authorized in its discretion:
    (a) To transfer from time to time any or all of the assets of
the Fund to any common, commingled, or collective trust fund created
by the Trustee in which the Fund is eligible to participate, subject
to all of the provisions thereof, to be commingled with the assets
of other trusts participating therein; and
    (b) To purchase shares in any investment company registered
under the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq.,
including one which may be created, managed, underwritten, or to
which investment advice is rendered or the shares of which are sold
by the Trustee. The Trustee may vote such shares in its discretion.
    Section 8. Express Powers of Trustee. Without in any way
limiting the powers and discretions conferred upon the Trustee by
the other provisions of this Agreement or by law, the Trustee is
expressly authorized and empowered:
    (a) To sell, exchange, convey, transfer, or otherwise dispose of
any property held by it, by public or private sale. No person
dealing with the Trustee shall be bound to see to the application of
the purchase money or to inquire into the validity or expediency of
any such sale or other disposition;
    (b) To make, execute, acknowledge, and deliver any and all
documents of transfer and conveyance and any and all other
instruments that may be necessary or appropriate to carry out the
powers herein granted;
    (c) To register any securities held in the Fund in its own name
or in the name of a nominee and to hold any security in bearer form
or in book entry, or to combine certificates representing such
securities with certificates of the same issue held by the Trustee
in other fiduciary capacities, or to deposit or arrange for the
deposit of such securities in a qualified central depositary even
though, when so deposited, such securities may be merged and held in
bulk in the name of the nominee of such depositary with other
securities deposited therein by another person, or to deposit or
arrange for the deposit of any securities issued by the United
States Government, or any agency or instrumentality thereof, with a
Federal Reserve Bank, but the books and records of the Trustee shall
at all times show that all such securities are part of the Fund;
    (d) To deposit any cash in the Fund in interest-bearing accounts
maintained or savings certificates issued by the Trustee, in its
separate corporate capacity, or in any other banking institution
affiliated with the Trustee, to the extent insured by an agency of
the Federal or State government; and
    (e) To compromise or otherwise adjust all claims in favor of or
against the Fund.
    Section 9. Taxes and Expenses. All taxes of any kind that may be
assessed or levied against or in respect of the Fund and all
brokerage commissions incurred by the Fund shall be paid from the
Fund. All other expenses incurred by the Trustee in connection with
the administration of this Trust, including fees for legal services
rendered to the Trustee, the compensation of the Trustee to the
extent not paid directly by the Grantor, and all other proper
charges and disbursements to the Trustee shall be paid from the
Fund.
    Section 10. Advice of Counsel. The Trustee may from time to time
consult with counsel, who may be counsel to the Grantor, with
respect to any question arising as to the construction of this
Agreement or any action to be taken hereunder. The Trustee shall be
fully protected, to the extent permitted by law, in acting upon the
advice of counsel.
    Section 11. Trustee Compensation. The Trustee shall be entitled
to reasonable compensation for its services as agreed upon in
writing from time to time with the Grantor.
    Section 12. Successor Trustee. The Trustee may resign or the
Grantor may replace the Trustee, but such resignation or replacement
shall not be effective until the Grantor has appointed a successor
trustee and this successor accepts the appointment. The successor
trustee shall have the same powers and duties as those conferred
upon the Trustee hereunder. Upon the successor trustee's acceptance
of the appointment, the Trustee shall assign, transfer, and pay over
to the successor trustee the funds and properties then constituting
the Fund. If for any reason the Grantor cannot or does not act in
the event of the resignation of the Trustee, the Trustee may apply
to a court of competent jurisdiction for the appointment of a
successor trustee or for instructions. The successor trustee shall
specify the date on which it assumes administration of the trust in
a writing sent to the Grantor, the EPA Regional Administrator and
the present Trustee by certified mail 10 days before such change
becomes effective. Any expenses incurred by the Trustee as a result
of any of the acts contemplated by this Section shall be paid as
provided in Section 9.
    Section 13. Instructions to the Trustee. All orders, requests,
certifications of valid claims, and instructions to the Trustee
shall be in writing, signed by such persons as are designated in the
attached Exhibit A or such other designees as the Grantor may
designate by amendments to Exhibit A. The Trustee shall be fully
protected in acting without inquiry in accordance with the Grantor's
orders, requests, and instructions. The Trustee shall have the right
to assume, in the absence of written notice to the contrary, that no
event constituting a change or a termination of the authority of any
person to act on behalf of the Grantor or the EPA Regional
Administrator hereunder has occurred. The Trustee shall have no duty
to act in the absence of such orders, requests, and instructions
from the Grantor and/or EPA, except as provided for herein.
    Section 14. Amendment of Agreement. This Agreement may be
amended by an instrument in writing executed by the Grantor, the
Trustee, and the EPA Regional Administrator, or by the Trustee and
the EPA Regional Administrator if the Grantor ceases to exist.
    Section 15. Irrevocability and Termination. Subject to the right
of the parties to amend this Agreement as provided in Section 14,
this Trust shall be irrevocable and shall continue until terminated
at the written agreement of the Grantor, the Trustee, and the EPA
Regional Administrator, or by the Trustee and the EPA Regional
Administrator, if the Grantor ceases to exist. Upon termination of
the Trust, all remaining trust property, less final trust
administration expenses, shall be paid to the Grantor.
    The Regional Administrator will agree to termination of the
Trust when the owner or operator substitutes alternative financial
assurance as specified in this section.
    Section 16. Immunity and indemnification. The Trustee shall not
incur personal liability of any nature in connection with any act or
omission, made in good faith, in the administration of this Trust,
or in carrying out any directions by the Grantor and the EPA
Regional Administrator issued in accordance with this Agreement. The
Trustee shall be indemnified and saved harmless by the Grantor or
from the Trust Fund, or both, from and against any personal
liability to which the Trustee may be subjected by reason of any act
or conduct in its official capacity, including all expenses
reasonably incurred in its defense in the event the Grantor fails to
provide such defense.
    Section 17. Choice of Law. This Agreement shall be administered,
construed, and enforced according to the laws of the State of [enter
name of State].
    Section 18. Interpretation. As used in this Agreement, words in
the singular include the

plural and words in the plural include the singular. The descriptive
headings for each Section of this Agreement shall not affect the
interpretation of the legal efficacy of this Agreement.
    In Witness Whereof the parties have caused this Agreement to be
executed by their respective officers duly authorized and their
corporate seals to be hereunto affixed and attested as of the date
first above written. The parties below certify that the wording of
this Agreement is identical to the wording specified in 40 CFR
261.151(m) as such regulations were constituted on the date first
above written.

[Signature of Grantor]

[Title]

Attest:

[Title]

[Seal]

[Signature of Trustee]

Attest:

[Title]

[Seal]

    (2) The following is an example of the certification of
acknowledgement which must accompany the trust agreement for a
standby trust fund as specified in section 261.147(h) of this
chapter. State requirements may differ on the proper content of this
acknowledgement.

State of---------------------------------------------------------------

County of--------------------------------------------------------------

    On this [date], before me personally came [owner or operator] to
me known, who, being by me duly sworn, did depose and say that she/
he resides at [address], that she/he is [title] of [corporation],
the corporation described in and which executed the above
instrument; that she/he knows the seal of said corporation; that the
seal affixed to such instrument is such corporate seal; that it was
so affixed by order of the Board of Directors of said corporation,
and that she/he signed her/ his name thereto by like order.

[Signature of Notary Public]

PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
PERMIT PROGRAM

0
13. The authority citation for part 270 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939 and
6974.

Subpart D--Changes to Permits

0
14. In Sec.  270.42, Appendix I is amended to add a new A. 9 and A. 10
to read as follows:

Sec.  270.42  Permit modification at the request of the permittee.

* * * * *

Appendix I to Sec.  270.42--Classification of permit modification

------------------------------------------------------------------------
                        Modifications                            Class
------------------------------------------------------------------------
A. General Permit Provisions.

                              * * * * * * *
    9. Changes to remove permit conditions applicable to a         \1\ 1
     unit excluded under the provisions of Sec.   261.4......
    10. Changes in the expiration date of a permit issued to       \1\ 1
     a facility at which all units are excluded under the
     provisions of Sec.   261.4..............................

                             * * * * * * *
------------------------------------------------------------------------
\1\ Class 1 modifications requiring prior Agency approval.

[FR Doc. E8-24399 Filed 10-29-08; 8:45 am]

BILLING CODE 6560-50-P


1 AxB= C 2 CxD= E 3 Assume hourly wage of $ 17.09 plus 110% overhead or $ 35.89 per hour. This amount was multiplied by the hours per year in Column E.

4 Assume 20 percent of performance tests are repeated due to failure (. 2 x 10 = 2)

5 Assume EPA personnel attend 10 percent of initial tests plus 10 percent of repeat tests. (. 1 x 10) + (. 1 x 2) = 1.2 Table 1: Average Annual EPA Resource Requirements for Nitric Acid Plants NSPS Subpart G Activity ( A)

EPA hr./ Occurrence ( B) Occurrences/

plant/ yr ( C) 1 EPA hr/

plant/ yr ( D) Plants/

year ( E) 2 EPA hr/ yr ( F) 3 EPA Cost ($)

Initial Performance Test ( New Plant) 24 1 24 1 24 $ 861.36 Repeat test ( New Plant) 24 0.24 4.8 .24 1 35.89 Report Review Notification of Construction/ Reconstruction/ Modification 2 1 2 1 2 71.78 Notification of Anticipated Startup 0.5 1 2 1 2 71.78 Notification of Actual Startup 0.5 1 0.5 1 0.5 17.95 Initial/ Repeat Performance Test 0.5 1 0.5 1 0.5 287.12 Review Test Results 8 1 8 1 8 5024.60 Semiannual Reports( Excess Emissions, etc.) 2 2 4 35 140 43 TOTAL ANNUAL HOURS/ DIRECT PERSONNEL COST TRAVEL EXPENSES5 ( 1 person x 1.2 sources/ yr x 2 days/ source x $ 75.00 per diem)+

($ 250 RT/ source x 1.2 sources/ yr) =

TOTAL ANNUAL COST $ 480.00 $ 6868.43


[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Rules and Regulations]
[Pages 26379-26380]
[FR Doc No: 2021-10207]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0008; Airspace Docket No. 20-AWP-50]
RIN 2120-AA66

Amendment of Class D and Revocation of Class E Airspace; Gila
Bend, AZ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends the Class D airspace and revokes the Class
E airspace extending upward from 700 feet or more above the surface at
Gila Bend AF Aux Airport, Gila Bend, AZ. This action is the result of a
biennial review of the airspace. The geographic coordinates of the
airport are also being updated to coincide with the FAA's aeronautical
database.

DATES: Effective 0901 UTC, August 12, 2021. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is

promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it amends the Class
D airspace and revokes the Class E airspace extending upward from 700
feet or more above the surface at Gila Bend AF Aux Airport, Gila Bend,
AZ, to support instrument flight rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (86 FR 10880; February 23, 2021) for Docket No. FAA-2021-0008
to amend the Class D airspace and revoke the Class E airspace extending
upward from 700 feet above the surface at Gila Bend AF Aux Airport,
Gila Bend, AZ. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received.
    Class D and Class E airspace designations are published in
paragraph 5000 and 6005, respectively, of FAA Order 7400.11E, dated
July 21, 2020, and effective September 15, 2020, which is incorporated
by reference in 14 CFR 71.1. The Class D and E airspace designations
listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to 14 CFR part 71:
    Amends the Class D airspace at Gila Bend AF Aux Airport, Gila Bend,
AZ, by updating the geographic coordinates of the airport to coincide
with the FAA's aeronautical database; and replaces the outdated term
``Airport/Facility Directory'' with ``Chart Supplement'';
    And revokes the Class E airspace extending upward from 700 feet or
more above the surface to at Gila Bend AF Aux airport as it is no
longer required.
    This action is the result of a biennial review of the airspace.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (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) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AWP AZ D Gila Bend, AZ [Amended]

Gila Bend AF Aux Airport, AZ
    (Lat. 32[deg]53'16'' N, long. 112[deg]43'11'' W)

    That airspace extending upward from the surface up to and
including 3,900 feet MSL within a 4.2-mile radius of Gila Bend AF
Aux Airport, excluding that airspace within Restricted Area R-2305.
This Class D airspace area is effective during the specific dates
and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AWP AZ E5 Gila Bend, AZ [Removed]

    Issued in Fort Worth, Texas, on May 11, 2021.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2021-10207 Filed 5-13-21; 8:45 am]
BILLING CODE 4910-13-P