[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Proposed Rules]
[Pages 10891-10892]
[FR Doc No: 2021-03520]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0055; Airspace Docket No. 21-ASW-4]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Hebbronville, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace extending
upward from 700 feet above the surface at Jim Hogg County Airport,
Hebbronville, TX. The FAA is proposing this action as the result of an
airspace review due to the decommissioning of the Hebbronville non-
directional beacon (NDB).

DATES: Comments must be received on or before April 9, 2021.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2021-0055/Airspace Docket No. 21-ASW-4, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    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 would amend the Class E airspace extending upward from 700 feet
above the surface at Jim Hogg County Airport, Hebbronville, TX, to
support instrument flight rule operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2021-0055/
Airspace Docket No. 21-ASW-4.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the

internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend 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 Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by amending the Class E airspace extending
upward from 700 feet above the surface at Jim Hogg County Airport,
Hebbronville, TX, by removing the Hebbronville NDB and associated
extension from the airspace legal description; and removing the cities
associated with the airports to comply with changes to FAA Order
7400.2M, Procedures for Handling Airspace Matters.
    This action is the result of an airspace review due to the
decommissioning of the Hebbronville NDB which provided navigation
information for the instrument procedures at this airport.
    Class E airspace designations are published in paragraph 6005 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 E
airspace designations listed in this document will be published
subsequently in the Order.
    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 will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 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 14 CFR 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 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

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

* * * * *

ASW TX E5 Hebbronville, TX [Amended]

Jim Hogg County Airport, TX
    (Lat. 27[deg]20'58'' N, long. 98[deg]44'13'' W)
O.S. Wyatt Airport, TX
    (Lat. 27[deg]25'18'' N, long. 98[deg]36'16'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Jim Hogg County Airport, and within a
6.5-mile radius of O.S. Wyatt Airport.

    Issued in Fort Worth, Texas, on February 17, 2021.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2021-03520 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-13-P


1 MEMORANDUM SUBJECT: Meeting Summary for the March 29, 2006 Meeting Between the US Environmental Protection Agency ( EPA) and Jeff Adams with BP to Discuss a Design Criteria Option for Oil and Natural Gas Production Area Source Glycol Dehydrators FROM: Greg Nizich U. S. EPA.

TO: Air and Radiation Docket Docket No. EPA HQ OAR 2004 0238 DATE: April 12, 2006 I met with Jeff Adams of BP on March 29, 2006 to discuss a summary document from EPA ( Docket ID No. EPA HQ OAR 2004 0238 0048) outlining a list of design criteria that area sources with glycol dehydrators might be able to use at oil and natural gas production sites.

The following topics were discussed:

1. The proposed annual reporting frequency for area sources. 2. What obligation synthetic minor sources currently controlling emissions by 80% have to comply with the area source rule. ( Answer   an overall hazardous air pollutant reduction of 95% or benzene emissions below 1 ton/ year would be required.). 3. Problems associated with data recovery at unmanned sites. BP's experience with remote site monitoring equipment is that the systems are not always reliable and require frequent checking by company personnel. 4. Mr. Adams suggested that condenser outlet temperature monitoring be added to the list of design criteria to be recorded during maintenance staff site visits. 5. Consideration of a short duration trial period ( e. g. 30 days) during which condenser outlet temperature would be monitored as a way to verify correct installation and function of a condenser system. This period would then be followed by manual readings by staff at a predetermined interval. 6. Mr. Adams said some additional work had been done through the American Petroleum Institute on the risk screening approach that utilized real meteorological data. He said they would send the EPA the results when it was completed. Mr. Nizich stated that EPA had not proceeded any further with the risk screening approach.


31701 Federal Register / Vol. 68, No. 102 / Wednesday, May 28, 2003 / Notices ADDRESSES: The meeting will be held at the U. S. Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210, Room numbers, north 3437 B, C, and D. FOR FURTHER INFORMATION CONTACT: For general information contact: Barbara Cunningham, Director, Environmental Assistance Division ( 7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 202) 554   1404; e mail address: TSCAHotline epa. gov. For technical information contact: Paul S. Tobin, Designated Federal Officer ( DFO), Economics, Exposure, and Technology Division ( 7406M), Office of Pollution Prevention and Toxics, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 202) 564   8557; e mail address: tobin. paul@ epa. gov. SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. This action may be of particular interest to anyone who may be affected, if the AEGL values are adopted by government agencies for emergency planning, prevention, or response programs, such as EPA's Risk Management Program under the Clean Air Act and Amendments section 112r. It is possible that other Federal agencies besides EPA, as well as State agencies and private organizations, may adopt the AEGL values for their programs. As such, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the DFO listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPPT   2003   0020. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at EPA's Docket Center, Rm. B102 Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. EPA's Docket Center is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. EPA's Docket Center Reading Room telephone number is ( 202) 566   1744 and the telephone number for the OPPT Docket, which is located in EPA Docket Center, is ( 202) 566   0280. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

II. Meeting Procedures For additional information on the scheduled meeting, the agenda of the NAC/ AEGL Committee, or the submission of information on chemicals to be discussed at the meeting, contact the DFO listed under FOR FURTHER INFORMATION CONTACT. The meeting of the NAC/ AEGL Committee will be open to the public. Oral presentations or statements by interested parties will be limited to 10 minutes. Interested parties are encouraged to contact the DFO to schedule presentations before the NAC/ AEGL Committee. Since seating for outside observers may be limited, those wishing to attend the meeting as observers are also encouraged to contact the DFO at the earliest possible date to ensure adequate seating arrangements. Inquiries regarding oral presentations and the submission of written statements or chemical specific information should be directed to the DFO.

III. Future Meetings Another meeting of the NAC/ AEGL Committee is scheduled for September, 2003, in Washington, DC.

List of Subjects Environmental protection, Chemicals, Hazardous substances, Health. Dated: May 15, 2003. Charles M. Auer, Director, Office of Pollution Prevention and Toxics. [ FR Doc. 03   13256 Filed 5   27   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0174; FRL   7307   9]

Pesticide Products; Registration Applications AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces receipt of applications to register pesticide products containing new active ingredients not included in any previously registered products pursuant to the provisions of section 3( c)( 4) of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA), as amended. DATES: Written comments, identified by the docket ID number OPP   2003   0174, must be received on or before June 27, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Ann Sibold, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 305   6502; e mail address: sibold. ann@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to:   Crop production ( NAICS 111)   Animal production ( NAICS 112)   Food manufacturing ( NAICS 311)   Pesticide manufacturing ( NAICS 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System VerDate Jan< 31> 2003 17: 26 May 27, 2003 Jkt 200001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 28MYN1. SGM 28MYN1 31702 Federal Register / Vol. 68, No. 102 / Wednesday, May 28, 2003 / Notices ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2003   0174. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the Docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and To Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPP   2003   0174. The system is an`` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID Number OPP   2003   0174. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency VerDate Jan< 31> 2003 17: 26 May 27, 2003 Jkt 200001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 28MYN1. SGM 28MYN1 31703 Federal Register / Vol. 68, No. 102 / Wednesday, May 28, 2003 / Notices ( 7502C), 1200 Pennsylvania Ave., NW., Washington, DC, 20460   0001, Attention: Docket ID Number OPP   2003   0174. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA., Attention: Docket ID Number OPP   2003   0174. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Submit CBI to the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the registration activity. 7. Make sure to submit your comments by the deadline in this notice. 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. Registration Applications EPA received applications as follows to register pesticide products containing active ingredients not included in any previously registered products pursuant to the provision of section 3( c)( 4) of FIFRA. Notice of receipt of these applications does not imply a decision by the Agency on the applications.

Products Containing Active Ingredients Not Included in Any Previously Registered Products 1. File Symbol: 71512   O. Applicant: ISK Biosciences Corporation 7470 Auburn Road, Suite A, Concord, OH 44077. Product Name: Flonicamid 50 WG. Insecticide. Active ingredient: Flonicamid at 50%. Proposed classification/ Use: None. For use on potatoes, pome fruit, cotton, stone fruit, fruiting vegetables, cucurbits, and leafy vegetables. 2. File Symbol: 279   GETT. Applicant: FMC Corporation 1735 Market Street, Philadelphia, PA 19103. Product Name: F1785 N 50 WG. Insecticide. Active ingredient: Flonicamid at 50%. Proposed classification/ Use: None. For ornamental uses in nurseries and landscapes. List of Subjects Environmental protection, Pesticides and pest.

Dated: May 13, 2003. Debra Edwards, Director, Registration Division, Office of Pesticide Programs.

[ FR Doc. 03   13003 Filed 5   27   03; 8: 45 am]

BILLING CODE 6560   50   S FEDERAL COMMUNICATIONS COMMISSION [ DA 03   1649]

Annual Adjustment of Revenue Thresholds AGENCY: Federal Communications Commission.

ACTION: Notice.

SUMMARY: This notice announces that the 2002 revenue threshold between Class A carriers and Class B carriers is increased to $ 121 million. The 2002 revenue threshold between larger Class A carriers and mid sized carriers is increased to $ 7.083 billion.

FOR FURTHER INFORMATION CONTACT: Debbie Weber, Pricing Policy Division, Wireline Competition Bureau at ( 202) 418   0812.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public Notice released May 13, 2003. This notice announces the inflation adjusted 2002 revenue thresholds used for classifying carrier categories for various accounting and reporting purposes: ( 1) Distinguishing Class A carriers from Class B carriers; and ( 2) distinguishing larger Class A carriers from mid sized carriers. The revenue threshold between Class A carriers and Class B carriers is increased to $ 121 million. The revenue threshold between larger Class A carriers and mid sized carriers is increased to $ 7.083 billion. The revenue thresholds for 2002 were determined as follows:

Mid sized threshold Larger Class A threshold ( 1) GDP   CPI Base ............................................................................................................................... 91.62 ....................... 109.37 ( 2) 2002 GDP   CPI ............................................................................................................................... 110.66 ..................... 110.66 ( 3) Inflation Factor ( line 2 ÷ 1) ............................................................................................................. 1.2078 ..................... 1.0118 ( 4) Original Revenue Threshold ........................................................................................................... $ 100 million ............. $ 7 billion ( 5) 2002 Revenue Threshold ( line 3 * 4) ............................................................................................. $ 121 million ............. $ 7.083 billion VerDate Jan< 31> 2003 17: 26 May 27, 2003 Jkt 200001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 28MYN1. SGM 28MYN1


[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Proposed Rules]
[Pages 31769-31772]
[FR Doc No: 2019-14047]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0492; Product Identifier 2019-NM-045-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A330-200, A330-200 Freighter, and A330-300
series airplanes. This proposed AD was prompted by a determination that
new or more restrictive airworthiness limitations are necessary. This
proposed AD would require revising the existing maintenance or
inspection program, as

applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 19,
2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus
SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45
80; email<EMAIL_ADDRESS>internet http://www.airbus.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195.

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-2019-
0492; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0492;
Product Identifier 2019-NM-045-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
    The FAA will post all comments, without change, to http://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2019-0047, dated March 11, 2019 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Airbus SAS Model A330-200,
A330-200 Freighter, and A330-300 series airplanes. The MCAI states:

    The airworthiness limitations for the Airbus A330 aeroplanes,
which are approved by EASA, are currently defined and published in
the A330 ALS [airworthiness limitations section] documents. The
airworthiness limitations applicable to the System Equipment
Maintenance Requirements, which are approved by EASA, are published
in the ALS.
    Failure to accomplish these instructions could result in an
unsafe condition.
    Previously, EASA issued AD 2017-0228 [which corresponds to FAA
AD 2019-01-05, Amendment 39-19544 (84 FR 4310, February 15, 2019)
(``AD 2019-01-05'')] to require accomplishment of all maintenance
tasks as described in A330 ALS Part 4 at Revision 06.
    Since that [EASA] AD was issued, Airbus published the ALS, as
defined in this [EASA] AD, including new and/or more restrictive
tasks.
    For the reasons described above, this [EASA] AD takes over the
requirements for Airbus A330 aeroplanes from EASA AD 2017-0228, and
requires accomplishment of the actions specified in the ALS.
    This [EASA] AD also takes over Airbus A330 requirements from
EASA AD 2013-0201 [which corresponds to FAA AD 2014-16-22, Amendment
39-17946 (79 FR 49442, August 21, 2014) (``AD 2014-16-22'')] and
[EASA] AD 2017-0044 [which corresponds to FAA AD 2017-25-13,
Amendment 39-19127 (82 FR 59960, December 18, 2017) (``AD 2017-25-
13'')], as the requirements of these [EASA] ADs have been embodied
into the ALS.

    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-2019-
0492.

Relationship Between NPRM and ADs 2019-01-05, 2017-25-13, and 2014-16-
22

    This NPRM does not propose to supersede AD 2019-01-05. Rather, the
FAA has determined that a stand-alone AD is more appropriate to address
the changes in the MCAI. This proposed AD would require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations.
Accomplishment of the proposed actions would then terminate all of the
requirements of AD 2019-01-05.
    EASA AD 2019-0047 added new tasks that replaced tasks in each of
two EASA ADs: 2013-0201 (which corresponds to FAA AD 2014-16-22) and
2017-0044 (which corresponds to FAA AD 2017-25-13). Accomplishment of
the new tasks as specified by this proposed AD terminates the
requirements of FAA ADs 2014-16-22 and 2017-25-13 for Airbus SAS Model
A330-200, A330-200 Freighter, and A330-300 series airplanes.

Related Service Information Under 1 CFR Part 51

    Airbus has issued A330 Airworthiness Limitations Section (ALS) Part
4, System Equipment Maintenance Requirements (SEMR), Revision 07, dated
October 15, 2018, including Airbus A330 Airworthiness Limitations
Section (ALS) Part 4--System Equipment Maintenance Requirements (SEMR),
Variation 7.1, dated November 5, 2018. This service information
describes airworthiness limitations for system equipment maintenance
requirements. 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.

FAA's Determination

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

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations.

Difference Between This Proposed AD and the MCAI or Service Information

    The MCAI specifies that if there are findings from the ALS
inspection tasks, corrective actions must be accomplished in accordance
with Airbus maintenance documentation. However, this proposed AD does
not include that requirement. Operators of U.S.-registered airplanes
are required by general airworthiness and operational regulations to
perform maintenance using methods that are acceptable to the FAA. The
FAA considers those methods to be adequate to address any corrective
actions necessitated by the findings of ALS inspections required by
this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 107 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the FAA recognizes that this number may vary from operator to
operator. In the past, the FAA has estimated that this action takes 1
work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus SAS: Docket No. FAA-2019-0492; Product Identifier 2019-NM-
045-AD.

(a) Comments Due Date

    The FAA must receive comments by August 19, 2019.

(b) Affected ADs

    This AD affects AD 2019-01-05, Amendment 39-19544 (84 FR 4310,
February 15, 2019) (``AD 2019-01-05''); AD 2017-25-13, Amendment 39-
19127 (82 FR 59960, December 18, 2017) (``AD 2017-25-13''); and AD
2014-16-22, Amendment 39-17946 (79 FR 49442, August 21, 2014) (``AD
2014-16-22'').

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in
paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in
any category, with an original airworthiness certificate or original
export certificate of airworthiness issued on or before October 15,
2018.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by the need for new or more restrictive
airworthiness limitations that refer to preventive maintenance tasks
including replacement of life-limited parts. Failure to accomplish
the tasks could result in an unsafe condition such as reduced
airplane controllability due to the failure of system components.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Airbus A330 Airworthiness
Limitations Section (ALS) Part 4, System Equipment Maintenance
Requirements (SEMR), Revision 07, dated October 15, 2018, including
Airbus A330 Airworthiness Limitations Section (ALS) Part 4--System
Equipment Maintenance Requirements (SEMR), Variation 7.1, dated
November 5, 2018. The component life limits and the initial
compliance time for doing the tasks are at the times specified in
Airbus A330 Airworthiness Limitations Section (ALS) Part 4, System
Equipment Maintenance Requirements (SEMR), Revision 07, dated
October 15, 2018, including Airbus A330 Airworthiness Limitations
Section (ALS) Part 4--System Equipment Maintenance Requirements
(SEMR), Variation 7.1, dated November 5, 2018, or within 90 days
after the effective date of this AD, whichever occurs later.

(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or

intervals may be used unless the actions and intervals are approved
as an alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (j)(1) of this AD.

(i) Terminating Actions

    (1) Accomplishing the actions required by this AD terminates all
requirements of AD 2019-01-05.
    (2) Accomplishing the action required by task number 274400-
00004-1-E of Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
07, dated October 15, 2018, within the compliance time specified for
that task in Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
07, dated October 15, 2018, terminates all requirements of AD 2017-
25-13 for Airbus SAS Model A330-200, A330-200 Freighter, and A330-
300 series airplanes only.
    (3) Accomplishing the action required by task number 213100-
00001-1-E of Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
07, dated October 15, 2018, within the compliance time specified for
that task in Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
07, dated October 15, 2018, terminates all requirements of AD 2014-
16-22 for Airbus SAS Model A330-200, A330-200 Freighter, and A330-
300 series airplanes only.

(j) 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 (k)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>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 European Aviation
Safety Agency (EASA); or Airbus SAS's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2019-0047, dated March 11, 2019, 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-2019-0492.
    (2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 45 80; email<EMAIL_ADDRESS>
internet http://www.airbus.com. You may view this service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on June 25, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-14047 Filed 7-2-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Notices]
[Page 57673]
[FR Doc No: 2013-22861]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

RTCA Program Management Committee; Meeting

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

ACTION: Notice of RTCA Program Management Committee meeting.

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

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Program Management Committee.

DATES: The meeting will be held October 8, 2013 from 8:30 a.m.-1:30
a.m.

ADDRESSES: The meeting will be held at RTCA, Inc., 1150 18th Street
NW., Suite 910, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street
NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833-
9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a Program Management Committee meeting. The agenda
will include the following:

October 8, 2013

     Welcome and Introductions.
     Review/Approve Meeting Summary.
     August 12, 2013, RTCA Paper no. 203-13/PMC-1129.
     Publication Consideration/Approval.
     Final Draft, New Document, Aeronautical Mobile Airport
Communications System (AeroMACS) Profile, RTCA Paper No. 199-13/PMC-
1125, prepared by SC-223
     Final Draft, New Document, Minimum Operational Performance
Standards (MOPS) for the Aeronautical Mobile Airport Communication
System (AeroMACS), RTCA Paper No. 200-13/PMC-1126, prepared by SC-223.
     Final Draft, Revised Document, DO-230C--Integrated
Security System Standard for Airport Access Control, RTCA Paper No.
204-13/PMC-1130, prepared by SC-224.
     Final Draft, New Document, Minimum Operational Performance
Standards for Small and Medium Sized Rechargeable Lithium Batteries and
Battery Systems, RTCA Paper No. 202-13/PMC-1127, prepared by SC-225.
     Integration and Coordination Committee (ICC).
     Action Item Review.
     SC-228--Minimum Performance Standards for Unmanned
Aircraft Systems--Discussion--Revised Terms of Reference.
     PMC Ad Hoc--Standards Overlap and Alignment--Discussion--
Status.
     PMC Ad Hoc--Part 23 ARC Report--Areas/Recommendations for
RTCA Support--Discussion--Status.
     RTCA Policy on Propriety Information--Discussion.
     Discussion.
     SC-206--Aeronautical Information Services (AIS) and
Meteorological Data Link Services--Discussion--Revised Terms of
Reference.
     SC-222--Inmarsat AMS(R)S--Discussion--Revised Terms of
Reference.
     NAC--Status Update.
     FAA Actions Taken on Previously Published Documents--
Report.
     Special Committees--Chairmen's Reports and Active Inter-
Special Committee Requirements Agreements (ISRA)--Review.
     European/EUROCAE Coordination--Status Update.
     Other Business.
     Schedule for Committee Deliverables and Next Meeting Date.
     Adjourn.
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on September 11, 2013.
Paige Williams,
Management Analyst, NextGen, Business Operations Group, Federal
Aviation Administration.
[FR Doc. 2013-22861 Filed 9-18-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)]
[Notices]
[Pages 63261-63263]
[FR Doc No: 2015-26425]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76131; File No. SR-NASDAQ-2015-113]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify Chapter XV, Entitled ``Options Pricing,'' at Section 2 Governing
Pricing for NASDAQ Members

October 13, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 29, 2015, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``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.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to modify Chapter XV, entitled ``Options
Pricing,'' at Section 2 governing pricing for NASDAQ members using the
NASDAQ Options Market (``NOM''), NASDAQ's facility for executing and
routing standardized equity and index options. Specifically, NOM
proposes to amend certain Penny Pilot Options \3\ rebates currently
applicable to NOM Market Makers.\4\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release Nos. 57579 (March 28,
2008), 73 FR 18587 (April 4, 2008) (SR-NASDAQ-2008-026) (notice of
filing and immediate effectiveness establishing Penny Pilot); 60874
(October 23, 2009), 74 FR 56682 (November 2, 2009)(SR-NASDAQ-2009-
091) (notice of filing and immediate effectiveness expanding and
extending Penny Pilot); 60965 (November 9, 2009), 74 FR 59292
(November 17, 2009)(SR-NASDAQ-2009-097) (notice of filing and
immediate effectiveness adding seventy-five classes to Penny Pilot);
61455 (February 1, 2010), 75 FR 6239 (February 8, 2010) (SR-NASDAQ-
2010-013) (notice of filing and immediate effectiveness adding
seventy-five classes to Penny Pilot); 62029 (May 4, 2010), 75 FR
25895 (May 10, 2010) (SR-NASDAQ-2010-053) (notice of filing and
immediate effectiveness adding seventy-five classes to Penny Pilot);
65969 (December 15, 2011), 76 FR 79268 (December 21, 2011) (SR-
NASDAQ-2011-169) (notice of filing and immediate effectiveness
extension and replacement of Penny Pilot); 67325 (June 29, 2012), 77
FR 40127 (July 6, 2012) (SR-NASDAQ-2012-075) (notice of filing and
immediate effectiveness and extension and replacement of Penny Pilot
through December 31, 2012); 68519 (December 21, 2012), 78 FR 136
(January 2, 2013) (SR-NASDAQ-2012-143) (notice of filing and
immediate effectiveness and extension and replacement of Penny Pilot
through June 30, 2013); 69787 (June 18, 2013), 78 FR 37858 (June 24,
2013) (SR-NASDAQ-2013-082) (notice of filing and immediate
effectiveness and extension and replacement of Penny Pilot through
December 31, 2013); 71105 (December 17, 2013), 78 FR 77530 (December
23, 2013) (SR-NASDAQ-2013-154) (notice of filing and immediate
effectiveness and extension and replacement of Penny Pilot through
June 30, 2014); 79 FR 31151 (May 23, 2014), 79 FR 31151 (May 30,
2014) (SR-NASDAQ-2014-056) (notice of filing and immediate
effectiveness and extension and replacement of Penny Pilot through
December 31, 2014); 73686 (December 2, 2014), 79 FR 71477 (November
25, 2014) (SR-NASDAQ-2014-115) (notice of filing and immediate
effectiveness and extension and replacement of Penny Pilot through
June 30, 2015) and 75283 (June 24, 2015), 80 FR 37347 (June 30,
2015) (SR-NASDAQ-2015-063) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change Relating to Extension of the
Exchange's Penny Pilot Program and Replacement of Penny Pilot Issues
That Have Been Delisted.) See also NOM Rules, Chapter VI, Section 5.
    \4\ The term ``NOM Market Maker'' means a Participant that has
registered as a Market Maker on NOM pursuant to Chapter VII, Section
2, and must also remain in good standing pursuant to Chapter VII,
Section 4. In order to receive NOM Market Maker pricing in all
securities, the Participant must be registered as a NOM Market Maker
in at least one security.
---------------------------------------------------------------------------

    While the changes proposed herein are effective upon filing, the
Exchange has designated that the amendments be operative on October 1,
2015.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NASDAQ proposes to modify Chapter XV, entitled ``Options Pricing,''
at Section 2(1) governing the rebates and fees assessed for option
orders entered into NOM. The Exchange proposes to amend the NOM Market
Maker Penny Pilot Options Rebates to Add Liquidity to add the iShares
Russell 2000 ETF ``IWM'' to Tiers 3 and 4 of the NOM Market Maker Penny
Pilot Options Rebates to Add Liquidity. The Exchange believes that
additional rebate opportunities offered by the addition of IWM to Tiers
3 and 4 of the NOM Market Maker Penny Pilot Options Rebates to Add
Liquidity will attract additional order flow to NOM to the benefit of
all market participants.
NOM Market Maker Rebates To Add Liquidity
    Today, the Exchange pays NOM Market Maker Penny Pilot Options
Rebates to Add Liquidity based on various criteria in six tiers with
rebates which range from $0.20 to $0.42 per contract as noted below.

------------------------------------------------------------------------
                                                          Rebate to add
        Monthly volume                                      liquidity
------------------------------------------------------------------------
Tier 1........................  Participant adds NOM    $0.20.
                                 Market Maker
                                 liquidity in Penny
                                 Pilot Options and/or
                                 Non-Penny Pilot
                                 Options of up to
                                 0.10% of total
                                 industry customer
                                 equity and ETF option
                                 average daily volume
                                 (``ADV'') contracts
                                 per day in a month.

Tier 2........................  Participant adds NOM    $0.25.
                                 Market Maker
                                 liquidity in Penny
                                 Pilot Options and/or
                                 Non-Penny Pilot
                                 Options above 0.10%
                                 to 0.25% of total
                                 industry customer
                                 equity and ETF option
                                 ADV contracts per day
                                 in a month.
Tier 3........................  Participant adds NOM    $0.30 or $0.40
                                 Market Maker            in the
                                 liquidity in Penny      following
                                 Pilot Options and/or    symbols AAPL,
                                 Non-Penny Pilot         QQQ, SPY and
                                 Options above 0.25%     VXX.
                                 to 0.60% of total
                                 industry customer
                                 equity and ETF option
                                 ADV contracts per day
                                 in a month.
Tier 4........................  Participant adds NOM    $0.32 or $0.40
                                 Market Maker            in the
                                 liquidity in Penny      following
                                 Pilot Options and/or    symbols AAPL,
                                 Non-Penny Pilot         QQQ,VXX and
                                 Options of above        SPY.
                                 0.60% to 0.90% of
                                 total industry
                                 customer equity and
                                 ETF option ADV
                                 contracts per day in
                                 a month.
Tier 5........................  Participant adds NOM    $0.40.
                                 Market Maker
                                 liquidity in Penny
                                 Pilot Options and/or
                                 Non-Penny Pilot
                                 Options of above
                                 0.30% of total
                                 industry customer
                                 equity and ETF option
                                 ADV contracts per day
                                 in a month and
                                 qualifies for the
                                 Tier 7 or Tier 8
                                 Customer and/or
                                 Professional Rebate
                                 to Add Liquidity in
                                 Penny Pilot Options.
Tier 6........................  Participant adds NOM    $0.42.
                                 Market Maker
                                 liquidity in Penny
                                 Pilot Options and/or
                                 Non-Penny Pilot
                                 Options above 0.80%
                                 of total industry
                                 customer equity and
                                 ETF option ADV
                                 contracts per day in
                                 a month and qualifies
                                 for the Tier 7 or
                                 Tier 8 Customer and/
                                 or Professional
                                 Rebate to Add
                                 Liquidity in Penny
                                 Pilot Options or
                                 Participant adds NOM
                                 Market Maker
                                 liquidity in Penny
                                 Pilot Options and/or
                                 Non-Penny Pilot
                                 Options above 0.90%
                                 of total industry
                                 customer equity and
                                 ETF option ADV
                                 contracts per day in
                                 a month or
                                 Participants that add
                                 Customer,
                                 Professional, Firm,
                                 Non-NOM Market Maker,
                                 and/or Broker-Dealer
                                 liquidity in Penny
                                 Pilot Options and/or
                                 Non- Penny Pilot
                                 Options of 1.40% or
                                 more of total
                                 industry customer
                                 equity and ETF option
                                 ADV contracts per day
                                 in a month.
------------------------------------------------------------------------

    Today, the Tier 3 NOM Market Maker Penny Pilot Options Rebate to
Add Liquidity pays a $0.30 per contract rebate, except in options
overlying Apple, Inc. (``AAPL''), PowerShares QQQ (``QQQ''), VIX ST
Futures ETN (``VXX'') and SPDR S&P 500 (``SPY''), which pay a $0.40 per
contract rebate to Participants that add NOM Market Maker liquidity in
Penny Pilot Options and/or Non-Penny Pilot Options above 0.25% to 0.60%
of total industry customer equity and ETF option ADV contracts per day
in a month. The Exchange proposes to add IWM to the list of symbols
that are eligible for the Tier 3 rebate of $0.40 per contract. Today,
the Exchange pays a Tier 3 NOM Market Maker Penny Pilot Options Rebate
to Add Liquidity of $0.30 per contract in IWM.
    Today, the Tier 4 NOM Market Maker Penny Pilot Options Rebate to
Add Liquidity pays a $0.32 per contract rebate, except in AAPL, QQQ,
VXX and SPY, which pay a $0.40 per contract rebate to Participants that
add NOM Market Maker liquidity in Penny Pilot Options and/or Non-Penny
Pilot Options of above 0.60% to 0.90% of total industry customer equity
and ETF option ADV contracts per day in a month. The Exchange proposes
to add IWM to the list of symbols that are eligible for the Tier 4
rebate of $0.40 per contract. Today, the Exchange pays a Tier 4 NOM
Market Maker Penny Pilot Options Rebate to Add Liquidity of $0.32 per
contract in IWM.
    The Exchange believes that paying a higher rebate for IWM
transactions will encourage a greater number of transactions in IWM.
2. Statutory Basis
    NASDAQ believes that the proposed rule changes are consistent with
the provisions of Section 6 of the Act,\5\ in general, and with Section
6(b)(4) of the Act,\6\ in particular, in that they provide for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which NASDAQ operates or controls as described in detail below.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

NOM Market Maker Penny Pilot Options Rebates To Add Liquidity
    The Exchange's proposal to amend the NOM Market Maker Penny Pilot
Options Rebate to Add Liquidity Tiers 3 and 4 to increase the IWM
rebate from $0.30 to $0.40 per contract in Tier 3 and from $0.32 to
$0.40 per contract in Tier 4 is reasonable because the proposal seeks
to encourage Participants to transact a greater amount of IWM liquidity
in order to receive the higher rebate of $0.40 per contract, provided
Participants qualify for the Tier 3 or 4

rebate. The Exchange believes that offering NOM Market Makers the
ability to obtain higher rebates is reasonable because it will
encourage additional order interaction.
    The Exchange's proposal to amend the NOM Market Maker Penny Pilot
Options Rebate to Add Liquidity Tiers 3 and 4 to increase the IWM
rebate from $0.30 to $0.40 per contract in Tier 3 and from $0.32 to
$0.40 per contract in Tier 4 is equitable and not unfairly
discriminatory because all NOM Market Makers may qualify for the Tier 3
and Tier 4 NOM Market Maker Penny Pilot Options Rebate to Add
Liquidity.
    The Exchange believes that it is reasonable, equitable, and not
unfairly discriminatory to adopt different pricing for IWM, as compared
to other options, because pricing by symbol is a common practice on
many U.S. options exchanges as a means to incentivize order flow to be
sent to an exchange for execution in the most actively traded options
classes, in this case actively traded Penny Pilot Options.\7\ The
Exchange notes that IWM is one of the most actively traded options in
the U.S. The Exchange believes that this pricing will incentivize
members to transact options on IWM on NOM in order to obtain the higher
$0.40 per contract rebate.
---------------------------------------------------------------------------

    \7\ See NASDAQ OMX PHLX LLC's Pricing Schedule. See also the
International Securities Exchange LLC's Fee Schedule. Both of these
markets segment pricing by symbol.
---------------------------------------------------------------------------

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

    NASDAQ does not believe that the proposed rule changes will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.
    The Exchange's proposal to amend the Tier 3 and 4 NOM Market Maker
Penny Pilot Options Rebates to Add Liquidity to pay a higher rebate for
IWM of $0.40 per contract, similar to AAPL, QQQ, SPY and VXX, does not
create an undue burden on intra-market competition because all NOM
Market Makers may qualify for the Tier 3 or 4 NOM Market Maker Penny
Pilot Options Rebate to Add Liquidity.
    The Exchange's proposal addressed herein does not impose an inter-
market burden on competition because the Exchange operates in a highly
competitive market in which many sophisticated and knowledgeable market
participants can readily and do send order flow to competing exchanges
if they deem fee levels or rebate incentives at a particular exchange
to be excessive or inadequate. These market forces support the Exchange
belief that the proposed rebate structure and tiers proposed herein are
competitive with rebates and tiers in place on other exchanges. The
Exchange believes that this competitive marketplace continues to impact
the rebates present on the Exchange today and substantially influences
the proposals set forth above. Other options markets offer similar
rebates to incentivize market participants to direct order flow to
their markets. The Exchange believes that continuing to offer rebates
and increasing those rebates and providing opportunities to earn higher
rebates will benefit the marketplace by continuing to reward liquidity
providers and thereby offering other market participants an opportunity
to interact with this order flow.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and paragraph (f) of Rule 19b-4 \9\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2015-113 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-NASDAQ-2015-113. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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-NASDAQ-2015-113, and should
be submitted on or before November 9, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26425 Filed 10-16-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Notices]
[Page 69209]
[FR Doc No: 2015-28393]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13877-003]

Mahoning Hydropower, LLC; Notice of Surrender of Preliminary
Permit

    Take notice that Mahoning Hydropower, LLC, permittee for the
proposed Stonewall Jackson Hydroelectric Project, has requested that
its preliminary permit be terminated. The permit was issued on April 1,
2011,\1\ extended on March 20, 2014 for an additional two years,\2\ and
would have expired on March 31, 2016. The project would have been
located at the existing U.S. Army Corps of Engineers' Stonewall Jackson
Dam on the West Fork River in Lewis County, West Virginia.
---------------------------------------------------------------------------

    \1\ 135 FERC ] 62,001 (2011).
    \2\ 146 FERC ] 62,194 (2014).
---------------------------------------------------------------------------

    The preliminary permit for Project No. 13877 will remain in effect
until the close of business, December 2, 2015. But, if the Commission
is closed on this day, then the permit remains in effect until the
close of business on the next day in which the Commission is open.\3\
New applications for this site may not be submitted until after the
permit surrender is effective.
---------------------------------------------------------------------------

    \3\ 18 CFR 385.2007(a)(2) (2015).

    Dated: November 2, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-28393 Filed 11-6-15; 8:45 am]
BILLING CODE 6717-01-P