[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)]
[Notices]
[Page 25288]
[FR Doc No: 2015-10366]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9927-22-OECA]

National Environmental Justice Advisory Council; Notification of
Public Meeting and Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of public meeting.

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SUMMARY: Pursuant to the Federal Advisory Committee Act (FACA), Public
Law 92-463, the U.S. Environmental Protection Agency (EPA) hereby
provides notice that the National Environmental Justice Advisory
Council (NEJAC) will meet on the dates and times described below. All
meetings are open to the public. Members of the public are encouraged
to provide comments relevant to the specific issues being considered by
the NEJAC. For additional information about registering for public
comment, please see SUPPLEMENTARY INFORMATION. Due to limited space,
seating at the NEJAC meeting will be on a first-come, first-served
basis.

DATES: The NEJAC meeting will convene Wednesday, May 20, 2015, from
9:00 a.m. until 4:30 p.m.; and will reconvene on Thursday, May 21,
2015, from 9:00 a.m. to 5:00 p.m. All noted times are Pacific Standard
Time.
    One public comment period relevant to the specific issues being
considered by the NEJAC (see SUPPLEMENTARY INFORMATION) is scheduled
for Wednesday, May 20, 2015, starting at 5:30 p.m. Pacific Standard
Time. Members of the public who wish to participate during the public
comment period are highly encouraged to pre-register by 6:00 p.m.,
Pacific Standard Time, on Monday, May 11, 2015.

ADDRESSES: The NEJAC meeting will be held at the McMillin Event Center
at the National Training Center, located at 2875 Dewey Road, San Diego,
CA 92106.

FOR FURTHER INFORMATION CONTACT: Questions or correspondence concerning
the meeting should be directed to Jasmin Muriel, U.S. Environmental
Protection Agency, by mail at 1200 Pennsylvania Avenue NW., (MC1601A),
Washington, DC 20460; by telephone at<PHONE_NUMBER>; via email at
<EMAIL_ADDRESS>or by fax at<PHONE_NUMBER>. Additional
information about the NEJAC is available at: www.epa.gov/environmentaljustice/nejac.
    Registration is required for all participants. Pre-registration by
6:00 p.m., Pacific Standard Time, on Monday, May 11, 2015, for all
attendees is highly recommended. To register, visit http://nejac-oct2014.eventbrite.com. Please state whether you would like to be put
on the list to provide oral public comment. Please specify whether you
are submitting written comments before the 6:00 p.m., Monday, May 11,
2015, deadline. Non-English speaking attendees wishing to arrange for a
foreign language interpreter may make appropriate arrangements in
writing using the above telephone number.

SUPPLEMENTARY INFORMATION: The Charter of the NEJAC states that the
advisory committee shall provide independent advice to the EPA
Administrator about areas that may include, among other things,
``advice about broad, cross-cutting issues related to environmental
justice, including environment-related strategic, scientific,
technological, regulatory, and economic issues related to environmental
justice.''
    The meeting shall be used to discuss and receive comments about the
nexus between sustainability and environmental justice. Specifically,
the NEJAC will discuss these primary areas: (1) Goods Movement; (2) EJ
2020 Action Agenda; (3) EJ Best Practices for Local Government; and (4)
Climate Change. In addition, the meeting will include updates from
NEJAC work groups.
    A. Public Comment: Individuals or groups making oral presentations
during the public comment period will be limited to a total time of
seven minutes. To accommodate the large number of people who want to
address the NEJAC, only one representative of an organization or group
will be allowed to speak. If time permits, multiple representatives
from the same organization can provide comment at the end of the
session. In addition, those who did not sign up in advance to give
public comment can sign up on site. The suggested format for written
public comments is as follows: Name of Speaker; Name of Organization/
Community; City and State; Email address; and a brief description of
the concern and what you want the NEJAC to advise EPA to do. Written
comments received by 6 p.m., Pacific Standard Time, on Monday May 11,
2015, will be included in the materials distributed to the members of
the NEJAC. Written comments received after that date and time will be
provided to the NEJAC as time allows. All information should be sent to
the mailing address, email address, or fax number listed in the FOR
FURTHER INFORMATION CONTACT section above.
    B. Information about Services for Individuals With Disabilities:
For information about access or services for individuals with
disabilities, please contact Jasmin Muriel, at<PHONE_NUMBER> or via
email at<EMAIL_ADDRESS>To request special accommodations for a
disability, please contact Ms. Muriel at least four working days prior
to the meeting, to give EPA sufficient time to process your request.
All requests should be sent to the address, email, or phone/fax number
listed in the FOR FURTHER INFORMATION CONTACT section above.

    Dated: April 27, 2015.
Sherri P. White,
Designated Federal Officer, National Environmental Justice Advisory
Council.
[FR Doc. 2015-10366 Filed 5-1-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Rules and Regulations]
[Pages 70626-70631]
[FR Doc No: 2016-24648]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2016-0424; FRL-9953-92-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
South Dakota; Revisions to the Permitting Rules

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve State Implementation Plan (SIP) revisions submitted
by the State of South Dakota on October 23, 2015 and July 29, 2013
related to South Dakota's Air Pollution Control Program. The October
23, 2015 submittal revises certain definitions and dates of
incorporation by reference and contains new, amended and renumbered
rules. In this rulemaking, we are taking final action on all portions
of the October 23, 2015 submittal, except for those portions of the
submittal which do not belong in the SIP. This action is being taken
under section 110 of the Clean Air Act (CAA).

DATES: This final rule is effective on November 14, 2016.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2016-0424. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically
through http://www.regulations.gov, or please contact the person
identified in the ``For Further Information Contact'' section for
additional availability information.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop
Street, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What is the EPA approving?

    The EPA is approving all revisions as submitted by the State of
South Dakota on October 23, 2015, with the exception of the revisions
that we are not acting on, as outlined in section III of our proposed
rulemaking published on August 8, 2016 (81 FR 52388). We are taking
final action to approve the following revisions: (1) 74:36:01:01
(Definitions) - 74:36:01:01(8), 74:36:01:01(29), 74:36:01:01(67),
74:36:01:01(73), 74:36:01:05, and 74:36:01:20 ; 74:36:02 (Ambient Air
Quality)--74:36:02:02, 74:36:02:03, 74:36:02:04 and 74:36:02:05;
74:36:03 (Air Quality Episodes)--74:36:03:01 and 74:36:03:02; 74:36:04
(Operating Permits for Minor Sources)--74:36:04:04, 74:36:04:03 and
74:36:04:21.01; 74:36:09 (Prevention of Significant Deterioration)--
74:36:09:02, 74:36:09:03, 74:36:09:02(7), 74:36:09:02(8) and
74:36:09:02(9); 74:36:10 (New Source Review)-- 74:36:10:02,
74:36:10:03.01, 74:36:10:05, 74:36:10:07 and 74:36:10:08; 74:36:11
(Performance Testing)--74:36:11:01; 74:36:12 (Control of Visible
Emissions)--74:36:12:01 and 74:36:12:03; 74:36:18 (Regulations for
State Facilities in the Rapid City Area)--74:36:18:10; 74:36:20
(Construction Permits for New Sources or Modifications)--74:36:20:05;
74:36:01:01(73) (Subject to Regulation); and the deletion of
74:36:04:03.01 (Minor Source Operating Permit Variance).
    We provided a detailed explanation of the bases for our proposal.
See 81 FR 52388. We invited comment on all aspects of our proposal and
provided a 30-day comment period. The comment period ended on September
8, 2016.
    In this action, we are responding to the comments we received and
taking final rulemaking action on the rules from the State's July 29,
2013 and October 23, 2015, submittals.

II. Brief Discussion of Statutory and Regulatory Requirements

    The changes we are taking final action to approve are consistent
with the CAA and EPA regulations. Specifically:
    1. CAA section 110(a)(2)(C), requires each state plan to include
``a program to provide for the . . . regulation of the modification and
construction of any stationary source within the areas covered by the
plan as necessary to assure that the National Ambient Air Quality
Standards [NAAQS] are achieved, including a permit program as

required in parts C and D of this subchapter.''
    2. CAA section 165, lays out the requirements for obtaining a
permit that must be included in a state's SIP-approved permit program.
South Dakota's Air Pollution Control Program imposes these requirements
on sources, and the State's proposed plan clearly satisfies the
requirements of these statutory provisions.
    3. CAA section 110(a)(2)(A), requires that SIPs contain enforceable
emissions limitations and other control measures. Under section CAA
section 110(a)(2), the enforceability requirement in section
110(a)(2)(A) applies to all plans submitted by a state. Chapter 6,
section 13 creates enforceable obligations for sources by removing
phrases such as ``the plan shall provide'' and ``the plan may
provide.''
    4. CAA section 110(i), (with certain limited exceptions) prohibits
states from modifying SIP requirements for stationary sources except
through the SIP revision process. By eliminating unspecified procedures
that were referenced in the May 10, 2011 submittal, the November 6,
2015 submittal addresses this issue.
    In addition, the CAA (section 110(a)(2)(C)) and 40 CFR 51.160
require states to have legally enforceable procedures to prevent
construction or modification of a source if it would violate any SIP
control strategies or interfere with attainment or maintenance of the
NAAQS. Such minor New Source Review (NSR) programs are for pollutants
from stationary sources that do not require prevention of significant
deterioration (PSD) or nonattainment NSR permits. States may customize
the requirements of the minor NSR program as long as their program
meets minimum requirements.
    Section 110(l) of the CAA states: ``[e]ach revision to an
implementation plan submitted by a State under this Act shall be
adopted by such State after reasonable notice and public hearing. The
Administrator shall not approve a revision to a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress (as defined in section 171), or any
other applicable requirement of this chapter.''
    The states' obligation to comply with each of the NAAQS is
considered as ``any applicable requirement(s) concerning attainment.''
A demonstration is necessary to show that this SIP revision will not
interfere with attainment or maintenance of the NAAQS, including those
for ozone, particulate matter, carbon monoxide (CO), sulfur dioxide
(SO2), lead, nitrogen oxides (NOX) or any other
requirement of the Act. South Dakota's demonstration of noninterference
(see docket), provides sufficient basis that new revisions to ARSD
74:36 will not interfere with attainment, reasonable further progress
(RFP), or any other applicable requirement of the CAA. Further details
can be found in our proposed rulemaking.

III. Response to Comments

    We received one comment during the public comment period. This
comment was not related to the EPA's proposed rulemaking for South
Dakota's permitting program changes which was published on August 8,
2016. As such, we are not providing a response to this comment.

IV. Final Action

    As outlined in our proposed rulemaking, the EPA finds that the
addition of new, revised and removed rules to ARSD 74:36 will not
interfere with attainment or maintenance of any of the NAAQS in the
State of South Dakota and will not interfere with any other applicable
requirement of the Act or the EPA regulations as outlined in section II
of this rulemaking (see proposed rulemaking for detailed rational); and
thus, are approvable under CAA section 110(l). Therefore, we are taking
final action to approve South Dakota's revisions as submitted on
October 23, 2015. We are not taking action on South Dakota's July 29,
2013 submittal because it was superseded.
    In our final rule published in the Federal Register on February 16,
2016 (81 FR 7706) we inadvertently used an incorrect approval date in
the updates to the South Dakota regulatory table. The EPA is taking
final action to correct this error with this action. The IBR material
for our February 16, 2016 action is contained within this docket.

V. Incorporation by Reference

    In this rule, the EPA is taking final action to include in a final
EPA rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is taking final
action to incorporate by reference the Administrative Rules of South
Dakota pertaining to their permitting rules as outlined in section I.
The EPA has made, and will continue to make, these documents generally
available electronically through http://www.regulations.gov and/or at
the EPA Region 8 Office (please contact the person identified in the
``For Further Information Contact'' section of this preamble for more
information).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a

tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act (CRA), 5 U.S.C. 801 et seq., as added
by the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 12, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See CAA section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
Organic Compounds.

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

    Dated: September 26, 2016.
Richard D. Buhl,
Acting Regional Administrator, Region 8.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart QQ--South Dakota

0
2. In Sec.  52.2170, the table in paragraph (c) is amended by revising
entries ``74:36:01:01'', ``74:36:01:05'', ``74:36:01:10'',
``74:36:01:20''; ``74:36:02:02'', ``74:36:02:03'', ``74:36:02:04'',
``74:36:02:05''; ``74:36:03:01'', ``74:36:03:02''; ``74:36:04:03'',
``74:36:04:04'', ``74:36:04:21''; ``74:36:09:02'', ``74:36:09:03'';
``74:36:10:02'', ``74:36:10:03.01'', ``74:36:10:05'' ``74:36:10:06''
``74:36:10:07'' ``74:36:10:08''; ``74:36:11:01''; ``74:36:12:01'',
``74:36:12:03''; ``74:36:13:02'', ``74:36:13:03'', ``74:36:13:04'',
``74:36:13:06'', ``74:36:13:07'', ``74:36:13:08''; ``74:36:18:10'';
``74:36:20:02'', ``74:36:20:05''; ``74:36:21:02'', ``74:36:21:04'',
``74:36:21:05'', and ``74:36:21:09'' to read as follows:

Sec.  52.2170  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                    State       EPA effective     Final rule
          Rule No.              Rule title     effective date       date        citation, date       Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                              74:36:01. Definitions
----------------------------------------------------------------------------------------------------------------
74:36:01:01................  Definitions.....      10/13/2015      11/14/2016  [Insert Federal   Except for
                                                                                Register          74:36:01:01.(7
                                                                                citation], 10/    3).
                                                                                13/2016.

                                                  * * * * * * *
74:36:01:05................  Applicable            10/13/2015      11/14/2016  [Insert Federal   ...............
                              requirements of                                   Register
                              the Clean Air                                     citation], 10/
                              Act defined.                                      13/2016.

                                                  * * * * * * *
74:36:01:10................  Modification          10/13/2015      11/14/2016  [Insert Federal   ...............
                              defined.                                          Register
                                                                                citation], 10/
                                                                                13/2016.

                                                  * * * * * * *
74:36:01:20................  Physical change       10/13/2015      11/14/2016  [Insert Federal   ...............
                              in or change in                                   Register
                              the method of                                     citation], 10/
                              operation                                         13/2016.
                              defined.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          74:36:02. Ambient Air Quality
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
74:36:02:02................  Ambient air           10/13/2015      11/14/2016  [Insert Federal   ...............
                              quality                                           Register
                              standards.                                        citation], 10/
                                                                                13/2016.
74:36:02:03................  Methods of            10/13/2015      11/14/2016  [Insert Federal   ...............
                              sampling and                                      Register
                              analysis.                                         citation], 10/
                                                                                13/2016.
74:36:02:04................  Ambient air           10/13/2015      11/14/2016  [Insert Federal   ...............
                              monitoring                                        Register
                              network.                                          citation], 10/
                                                                                13/2016.

74:36:02:05................  Air quality           10/13/2015      11/14/2016  [Insert Federal   ...............
                              monitoring                                        Register
                              requirements.                                     citation], 10/
                                                                                13/2016.
----------------------------------------------------------------------------------------------------------------
                                         74:36:03. Air Quality Episodes
----------------------------------------------------------------------------------------------------------------
74:36:03:01................  Air pollution     ..............      11/14/2016  [Insert Federal   ...............
                              emergency                                         Register
                              episode.                                          citation], 10/
                                                                                13/2016.
74:36:03:02................  Episode           ..............      11/14/2016  [Insert Federal   ...............
                              emergency                                         Register
                              contingency                                       citation], 10/
                              plan.                                             13/2016.
----------------------------------------------------------------------------------------------------------------
                                  74:36:04. Operating Permits for Minor Sources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
74:36:04:03................  Emission unit         10/13/2015      11/14/2016  [Insert Federal   ...............
                              exemptions.                                       Register
                                                                                citation], 10/
                                                                                13/2016.
74:36:04:04................  Standard for          10/13/2015      11/14/2016  [Insert Federal   ...............
                              issuance of a                                     Register
                              minor source                                      citation], 10/
                              operating                                         13/2016.
                              permit.

                                                  * * * * * * *
74:36:04:21................  Permit                10/13/2015      11/14/2016  [Insert Federal   ...............
                              modifications.                                    Register
                                                                                citation], 10/
                                                                                13/2016.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                74:36:09. Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
74:36:09:02................  Prevention of     ..............      11/14/2016  [Insert Federal   Except for
                              significant                                       Register          74:36:09:02.(1
                              deterioration.                                    citation], 10/    0).
                                                                                13/2016.
74:36:09:03................  Public            ..............      11/14/2016  [Insert Federal   ...............
                              participation.                                    Register
                                                                                citation], 10/
                                                                                13/2016.
----------------------------------------------------------------------------------------------------------------
                                           74:36:10. New Source Review
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
74:36:10:02................  Definitions.....  ..............      11/14/2016  [Insert Federal   ...............
                                                                                Register
                                                                                citation], 10/
                                                                                13/2016.
74:36:10:03.01.............  New source        ..............      11/14/2016  [Insert Federal   ...............
                              review                                            Register
                              preconstruction                                   citation], 10/
                              permit required.                                  13/2016.
74:36:10:05................  New source        ..............      11/14/2016  [Insert Federal   ...............
                              review                                            Register
                              preconstruction                                   citation], 10/
                              permit.                                           13/2016.
74:36:10:06................  Causing or        ..............      11/14/2016  [Insert Federal   ...............
                              contributing to                                   Register
                              a violation of                                    citation], 10/
                              any national                                      13/2016.
                              ambient air
                              quality
                              standard.
74:36:10:07................  Determining       ..............      11/14/2016  [Insert Federal   ...............
                              credit for                                        Register
                              emission                                          citation], 10/
                              offsets.                                          13/2016.
74:36:10:08................  Projected actual  ..............      11/14/2016  [Insert Federal   ...............
                              emissions.                                        Register
                                                                                citation], 10/
                                                                                13/2016.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          74:36:11. Performance Testing
----------------------------------------------------------------------------------------------------------------
74:36:11:01................  Stack                 10/13/2015      11/14/2016  [Insert Federal   ...............
                              performance                                       Register
                              testing or                                        citation], 10/
                              other testing                                     13/2016.
                              methods.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     74:36:12. Control of Visible Emissions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
74:36:12:01................  Restrictions on       10/13/2015      11/14/2016  [Insert Federal   ...............
                              visible                                           Register
                              emissions.                                        citation], 10/
                                                                                13/2016.

                                                  * * * * * * *
74:36:12:03................  Exceptions            10/13/2015      11/14/2016  [Insert Federal   ...............
                              granted to                                        Register
                              alfalfa                                           citation], 10/
                              pelletizers or                                    13/2016.
                              dehydrators.
----------------------------------------------------------------------------------------------------------------
                                74:36:13. Continuous Emission Monitoring Systems
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
74:36:13:02................  Minimum               10/13/2015      11/14/2016  [Insert Federal   ...............
                              performance                                       Register
                              specifications                                    citation], 10/
                              for all                                           13/2016.
                              continuous
                              emission
                              monitoring
                              systems.
74:36:13:03................  Reporting             10/13/2015      11/14/2016  [Insert Federal   ...............
                              requirements.                                     Register
                                                                                citation], 10/
                                                                                13/2016.
74:36:13:04................  Notice to             10/13/2015      11/14/2016  [Insert Federal   ...............
                              department of                                     Register
                              exceedance.                                       citation], 10/
                                                                                13/2016.

                                                  * * * * * * *
74:36:13:06................  Compliance            10/13/2015      11/14/2016  [Insert Federal   ...............
                              certification.                                    Register
                                                                                citation], 10/
                                                                                13/2016.
74:36:13:07................  Credible              10/13/2015      11/14/2016  [Insert Federal   ...............
                              evidence.                                         Register
                                                                                citation], 10/
                                                                                13/2016.
74:36:13:08................  Compliance            10/13/2015      11/14/2016  [Insert Federal   ...............
                              assurance                                         Register
                              monitoring.                                       citation], 10/
                                                                                13/2016.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        74:36:18. Regulations for State Facilities in the Rapid City Area
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
74:36:18:10................  Visible emission      10/13/2015      11/14/2016  [Insert Federal   ...............
                              limit for                                         Register
                              construction                                      citation], 10/
                              and continuous                                    13/2016.
                              operation
                              activities.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                         74:36:20. Construction Permits for New Sources or Modifications
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
74:36:20:02................  Construction          10/13/2015      11/14/2016  [Insert Federal   ...............
                              permit required.                                  Register
                                                                                citation], 10/
                                                                                13/2016.

                                                  * * * * * * *
74:36:20:05................  Standard for          10/13/2015      11/14/2016  [Insert Federal   ...............
                              issuance of                                       Register
                              construction                                      citation], 10/
                              permit.                                           13/2016.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         74:36:21. Regional Haze Program
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
74:36:21:02................  Definitions.....      10/13/2015      11/14/2016  [Insert Federal   ...............
                                                                                Register
                                                                                citation], 10/
                                                                                13/2016.

                                                  * * * * * * *
74:36:21:04................  Visibility            10/13/2015      11/14/2016  [Insert Federal   ...............
                              impact analysis.                                  Register
                                                                                citation], 10/
                                                                                13/2016.
74:36:21:05................  BART                  10/13/2015      11/14/2016  [Insert Federal   ...............
                              determination.                                    Register
                                                                                citation], 10/
                                                                                13/2016.

                                                  * * * * * * *
74:36:21:09................  Monitoring,           10/13/2015      11/14/2016  [Insert Federal   ...............
                              recordkeeping,                                    Register
                              and reporting.                                    citation], 10/
                                                                                13/2016.

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

* * * * *
[FR Doc. 2016-24648 Filed 10-12-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Rules and Regulations]
[Pages 21920-21923]
[FR Doc No: 2021-08575]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0851; Product Identifier 2020-NM-081-AD; Amendment
39-21507; AD 2021-08-13]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A318 series airplanes; Model A319-111, A319-112, A319-
113, A319-114, A319-115, A319-131, A319-132, and A319-133 airplanes;
Model A320-211, A320-212, A320-214, A320-216, A320-231, A320-232, and
A320-233 airplanes; and Model A321-111, A321-112, A321-131, A321-211,
A321-212, A321-213, A321-231, and A321-232 airplanes. This AD was
prompted by reports that certain oxygen supply solenoid valves are a
potential source of increased flow resistance within the flightcrew
oxygen system. This AD requires a detailed inspection (flow test) of
certain solenoid valves, and replacement if necessary, as specified in
European Union Aviation Safety Agency (EASA) ADs, which are
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective June 1, 2021.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 1, 2021.

ADDRESSES: For EASA material incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. For Airbus SAS service information
incorporated by reference in this final rule, contact Airbus SAS,
Airworthiness Office--EIAS, Rond-Point Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email<EMAIL_ADDRESS>internet https://www.airbus.com. You may view this IBR material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-0851.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0851; 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 final rule, any comments received, and other information. The
address for Docket Operations is 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: Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0104R1 dated January 28, 2021
(EASA AD 2020-0104R1) (referred to after this as the Mandatory
Continuing Airworthiness Information, or the MCAI), to correct an
unsafe condition for all Airbus SAS Model A318-111, A318-112, A318-121,
and A318-122 airplanes; Model A319-111, A319-112, A319-113, A319-114,
A319-115, A319-131, A319-132, and A319-133 airplanes; Model A320-211,
A320-212, A320-214, A320-216, A320-231, A320-232, and A320-233
airplanes; and Model A321-111, A321-112, A321-131, A321-211, A321-212,
A321-213, A321-231, and A321-232 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus SAS Model
A318 series airplanes; Model A319-111, A319-112, A319-113, A319-114,
A319-115, A319-131, A319-132, and A319-133 airplanes; Model A320-211,
A320-212, A320-214, A320-216, A320-231, A320-232, and A320-233
airplanes; and Model A321-111, A321-112, A321-131, A321-211, A321-212,
A321-213, A321-231, and A321-232 airplanes. The NPRM published in the
Federal Register on October 15, 2020 (85 FR 65282). The NPRM was
prompted by reports that certain oxygen supply solenoid valves are a
potential source of increased flow resistance within the flightcrew
oxygen system. The NPRM proposed to require a detailed inspection (flow
test) of certain solenoid valves, and replacement if necessary, as
specified in EASA AD 2020-0104R1.
    The FAA is issuing this AD to address increased flow resistance
within the flightcrew oxygen system, which could lead to a reduced flow
of oxygen supply to the flightcrew oxygen masks, and in combination
with in-flight depressurization, smoke in the flight deck, or a smoke
evacuation procedure, could lead to flightcrew hypoxia and loss of
useful consciousness, resulting in loss of control of the airplane. See
the MCAI for additional background information.

Revised EASA AD

    In the NPRM, the FAA referred to EASA AD 2020-0104, dated May 7,
2020 (EASA AD 2020-0104). Since the NPRM was issued, EASA issued AD
2020-0104R1, which clarifies that certain solenoid valves are no longer
considered affected parts.
    The agency determined that no additional work is required for
airplanes

that have accomplished the actions as required by EASA AD 2020-0104.
Therefore, the agency has revised all applicable sections in this final
rule to also specify EASA AD 2020-0104R1.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) stated that
it supports the NPRM.

Request To Allow Use of Additional Service Information

    American Airlines (AA) requested that operators be allowed to use
the deviation provided in an Airbus technical adaptation for a certain
solenoid valve test. The operator noted that there is a discrepancy in
the Airbus service bulletin specified in EASA AD 2020-0104. The
commenter explained that one of the required for compliance (RC)
paragraphs in the service bulletin states that a test of the solenoid
valve is required, no matter the result of the three masks flow test,
but a flowchart in that service bulletin does not indicate that this
test is required if the three masks flow test was successful. The
commenter stated that it contacted Airbus regarding this issue and
Airbus confirmed that there is an error and provided a Design
Organization Approval (DOA) approved technical adaptation to address
that error.
    The FAA agrees with the commenter's request for the reasons
provided. The FAA has added paragraph (h)(4) to this AD to allow the
use of Airbus Technical Adaptation 80843604/008/2020, Issue 1, dated
November 3, 2020.

Request To Include Requirement for Part Marking

    United Air Lines (UAL) requested that affected parts that were
inspected and passed the three masks flow test be marked. The commenter
explained that this would assist operators in easily identifying an
affected part that has been inspected and passed the three masks flow
test. The commenter stated that this would prevent the part from being
tied to a specific airplane and would allow installation of that part
on another airplane.
    The FAA disagrees with the commenter's request. The FAA conferred
with EASA and EASA responded that allowing an affected part to become a
rotable part had been discussed during development of its original
proposed AD. It was determined that, because of the potential
differences in the oxygen system architecture in the configuration of
different airplanes, a part that successfully passed the three masks
flow test on one airplane does not guarantee that an air flow deficit
would not exist if that part was moved to another airplane with a
different oxygen system configuration. In addition, Airbus recommended
that a pass/fail label not be applied to tested valves to avoid
complications in tracking parts based on the tested oxygen system
configuration. For these reasons, the FAA finds that no change to this
AD is necessary in regard to this issue.

Request To Clarify Parts Installation Paragraph

    UAL stated that it objected to paragraph (3), Part(s) Installation,
of EASA AD 2020-0104 that was referred to in the proposed AD. The
commenter stated that, in the interest of safety, an affected part
should not be allowed to be installed on an airplane. The FAA infers
that the commenter is requesting that the proposed AD be revised to
include a Parts Installation Prohibition paragraph to prohibit
operators from installing an affected part on an airplane.
    The FAA does not agree with the commenter's request. The FAA has
determined that if, before the next flight after installation on an
airplane, an affected part passes the required flow test, the unsafe
condition identified in this AD has been addressed and there is not a
safety of flight issue. The FAA has not revised this AD in regard to
this issue.

Request To Omit Duplicate Test

    UAL requested that the order of certain actions identified as RC in
the Airbus SAS service bulletin specified in EASA AD 2020-0104 be
changed. The commenter suggested that, instead of waiting until after
the failure of a test to check that the oxygen storage cylinder is
fully open and then doing the test again, the check of the oxygen
cylinder should be part of the test preparation. The commenter
explained that this would preclude the repetition of the test.
    The FAA disagrees with the commenter's request. The FAA conferred
with EASA and it is presumed that the oxygen cylinder is fully open
prior to starting the test. In addition, the majority of test reports
provided by operators to Airbus and EASA did not identify any flow
blockage. Therefore, adding the step to ensure that the oxygen cylinder
is fully open would increase the work involved to accomplish each test
versus doing only a check for the sole purpose of demonstrating
compliance with an AD. Neither Airbus nor EASA recommend changing the
order of the actions identified as RC in the Airbus SAS service
bulletin and the FAA concurs. However, the FAA does not have any
objection if the commenter or any operator includes a step in the test
preparation to ensure that the oxygen cylinder is fully open to avoid
the duplicative test identified by the commenter. The FAA has not
revised this AD in regard to this issue.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    EASA ADs 2020-0104 and 2020-0104R1 describe procedures for doing a
detailed inspection (flow test) of certain solenoid valves using the
flightcrew oxygen masks and replacing any solenoid valve that fails the
flow test with a serviceable part. These documents are distinct since
AD 2020-0104R1 clarifies that certain solenoid valves are no longer
considered affected parts.
    Airbus SAS has issued Technical Adaptation 80843604/008/2020, Issue
1, dated November 3, 2020, which specifies that, when a solenoid valve
successfully passes the three masks flow test, operators do not need to
do the test specified in paragraph 3.E.(1) of the Accomplishment
Instructions of the Airbus SAS service information specified in EASA
ADs 2020-0104 and 2020-0104R1.
    This material 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

    The FAA estimates that this AD affects 1,100 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................              $0             $255         $280,500
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Action
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......             $ *              $85
------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency
  to provide parts cost estimates for the on-condition replacement
  specified in this AD.

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators. The FAA does not control warranty coverage for
affected operators. As a result, the FAA has included all known costs
in our cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

    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) 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.

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:

2021-08-13 Airbus SAS: Amendment 39-21507; Docket No. FAA-2020-0851;
Product Identifier 2020-NM-081-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective June 1, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes specified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category.
    (1) Model A318-111, A318-112, A318-121, and A318-122 airplanes.
    (2) Model A319-111, A319-112, A319-113, A319-114, A319-115,
A319-131, A319-132, and A319-133 airplanes.
    (3) Model A320-211, A320-212, A320-214, A320-216, A320-231,
A320-232, and A320-233 airplanes.
    (4) Model A321-111, A321-112, A321-131, A321-211, A321-212,
A321-213, A321-231, and A321-232 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by reports that certain oxygen supply
solenoid valves are a potential source of increased flow resistance
within the flightcrew oxygen system. The FAA is issuing this AD to
address increased flow resistance within the flightcrew oxygen
system, which could lead to a reduced flow of oxygen supply to the
flightcrew oxygen masks, and in combination with in-flight
depressurization, smoke in the flight deck, or a smoke evacuation
procedure, could lead to flightcrew hypoxia and loss of useful
consciousness, resulting in loss of control of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in

accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0104, dated May 7, 2020 (EASA AD 2020-0104) or EASA AD 2020-
0104R1, dated January 28, 2021 (EASA AD 2020-0104R1).

(h) Exceptions to EASA ADs 2020-0104 and 2020-0104R1

    (1) Where EASA AD 2020-0104 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2020-0104R1 refers to May 21, 2020 ``[the
effective date of the original issue of this [EASA] AD],'' this AD
requires using the effective date of this AD.
    (3) The ``Remarks'' sections of EASA ADs 2020-0104 and 2020-
0104R1 do not apply to this AD.
    (4) Where procedure step 3.E.(1) of the Accomplishment
Instructions of Airbus SAS Service Bulletin A320-35-1096, dated
September 18, 2019, specified in EASA ADs 2020-0104 and 2020-0104R1,
requires a test of the solenoid valve, this AD allows deviation from
that Required for Compliance (RC) action, as specified in Airbus SAS
Technical Adaptation 80843604/008/2020, Issue 1, dated November 3,
2020.

(i) No Reporting Requirement

    Although the service information referenced in EASA ADs 2020-
0104 and 2020-0104R1 specify to submit certain information to the
manufacturer, this AD does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) 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
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or 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): For any service information
referenced in EASA ADs 2020-0104 and 2020-0104R1 that contains RC
procedures and tests: Except as required by paragraphs (h)(4) and
(j)(2) of this AD, 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

    For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) 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) European Union Aviation Safety Agency (EASA) AD 2020-0104,
dated May 7, 2020.
    (ii) European Union Aviation Safety Agency (EASA) AD 2020-
0104R1, dated January 28, 2021.
    (iii) Airbus SAS Technical Adaptation 80843604/008/2020, Issue
1, dated November 3, 2020.

    Note 1 to paragraph (l)(2)(iii):  The issue date of the document
is identified only on the last page of the document.

    (3) For EASA ADs 2020-0104 and 2020-0104R1, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email<EMAIL_ADDRESS>Internet www.easa.europa.eu. You
may find these EASA ADs on the EASA website at https://ad.easa.europa.eu.

    Note 2 to paragraph (l)(3):  EASA AD 2020-0104 can be accessed
in the zipped file at the bottom of the web page for EASA AD 2020-
0104R1. When EASA posts a revised AD on their website, they
watermark the previous AD as ``Revised,'' alter the file name by
adding ``_revised'' to the end, and move it into a zipped file
attached at the bottom of the AD web page.

    (4) For Airbus SAS service information, contact Airbus SAS,
Airworthiness Office--EIAS, Rond-Point Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93
44 51; email<EMAIL_ADDRESS>internet https://www.airbus.com.
    (5) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0851.
    (6) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 5, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-08575 Filed 4-23-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Rules and Regulations]
[Pages 32247-32249]
[FR Doc No: 2017-14697]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0482]
RIN 1625-AA00

Safety Zone; Cleveland Parade of Lights Boat Parade; Cuyahoga
River, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a moving safety zone for
certain waters of the Cuyahoga River. This action is necessary to
provide for the safety of life on these navigable waters in the
Cuyahoga River, Cleveland, OH during the Cleveland Parade of Lights on
July 22, 2017. This temporary safety zone is necessary to protect
personnel, vessels, and the marine environment from the potential
hazards created by 60 vessels transiting in the river with lights not
normally used for marine traffic navigation lights. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Sector Buffalo.

DATES: This rule is effective from 10:00 p.m. through 11:30 p.m. on
July 22, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0482 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Ryan Junod, Chief of Waterways Management, U.S. Coast
Guard Marine Safety Unit Cleveland; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are impracticable, unnecessary, or contrary to the public
interest. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. The event sponsor did not submit notice to
the Coast Guard with sufficient time remaining before the event to
publish an NPRM. Delaying the effective date of this rule to wait for a
comment period to run would be impracticable and contrary to the public
interest by inhibiting the Coast Guard's ability to protect spectators
and vessels from the hazards associated with a boat parade.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register because doing so would be
impracticable and contrary to the public interest. Delaying the
effective date would be contrary to the rule's objectives of ensuring
safety of life on the navigable waters and protection of persons and
vessels near the boat parade.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Buffalo, NY (COTP) has determined that
potential hazards associated with 60 vessels displaying lights that are
not used for navigation will be a safety concern for other vessels
underway. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone
during the Cleveland Parade of Lights.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 p.m. through 11:30 p.m.
on July 22, 2017. The moving safety zone will encompass all waters
within 25 feet of the vessels participating in the Cleveland Parade of
Lights in the Cuyahoga River. The safety zone will move with
participating vessels as they transit from the mouth of the Cuyahoga
River in the vicinity of position 41[deg]29'59'' N., 081[deg]43'31''
W., to Merwin's Wharf in the vicinity of 41[deg]29'23'' N.,
081[deg]42'16'' W., and returning to the mouth of the Old River at
41[deg]29'55'' N., 081[deg]42'18'' W. (NAD 83). No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the COTP or a designated representative. Entry into, transiting,
or anchoring within the safety zone is prohibited unless authorized by
the Captain of the Port Buffalo or his designated on-scene
representative. The Captain of the Port or his designated on-scene
representative may be contacted via VHF Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced for a relatively short time. Also, the
safety zone is designed to minimize its impact on navigable waters.
Furthermore, the safety zone has been designed to allow vessels to
transit around it. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended,

requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969(42 U.S.C. 4321-4370f), and have determined that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting one and a half hours that will
prohibit entry within a small area of the Cuyahoga River. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A Record of Environmental
Consideration (REC) supporting this determination is available in the
docket where indicated in the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0482 to read as follows:

Sec.  165.T09-0482  Moving Safety Zone; Cleveland Parade of Lights Boat
Parade; Cuyahoga River, Cleveland, OH.

    (a) Location. The moving safety zone will encompass all waters
within 25 feet of the vessels participating in the Cleveland Parade of
Lights in the Cuyahoga River. The safety zone will move with
participating vessels as they transit from the mouth of the Cuyahoga
River in the vicinity of position 41[deg]29'59'' N., 081[deg]43'31''
W., to Merwin's Wharf in the vicinity of 41[deg]29'23'' N.,
081[deg]42'16'' W., and returning to the mouth of the Old River at
41[deg]29'55'' N., 081[deg]42'18'' W. (NAD 83).
    (b) Effective and enforcement period. This regulation is effective
and will be enforced on July 22, 2017 from 10 p.m. until 11:30 p.m.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene

representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the Captain of the Port Buffalo,
or his on-scene representative.

    Dated: July 6, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-14697 Filed 7-12-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 3 (Wednesday, January 5, 2022)]
[Notices]
[Pages 432-433]
[FR Doc No: 2021-28551]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP22-438-000.
    Applicants: ETC Tiger Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: NRA Amendment No 2--Chesapeake
to be effective 1/1/2022.
    Filed Date: 12/28/21.
    Accession Number: 20211228-5081.
    Comment Date: 5 p.m. ET 1/10/22.

    Docket Numbers: RP22-439-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various
Releases eff 1-1-2022 to be effective 1/1/2022.
    Filed Date: 12/29/21.
    Accession Number: 20211229-5033.
    Comment Date: 5 p.m. ET 1/10/22.

    Docket Numbers: RP22-440-000.

    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Northern
Utilities 210363 Release eff 1-1-2022 to be effective 1/1/2022.
    Filed Date: 12/29/21.
    Accession Number: 20211229-5043.
    Comment Date: 5 p.m. ET 1/10/22.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 29, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-28551 Filed 1-4-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Notices]
[Page 35296]
[FR Doc No: 2020-12459]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-1907-000]

Minco Wind I, 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 Minco Wind I,
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 June 23, 2020.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact the Federal Energy Regulatory
Commission at<EMAIL_ADDRESS>or call toll-free, (886) 208-
3676 or TYY,<PHONE_NUMBER>.

    Dated: June 3, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-12459 Filed 6-8-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Notices]
[Pages 78075-78077]
[FR Doc No: 2023-25011]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98875; File No. SR-NYSECHX-2023-20]

Self-Regulatory Organizations; NYSE Chicago, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rules 10.9521 and 10.9522 To Correct Obsolete References to a FINRA
Department

November 7, 2023.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 26, 2023, the NYSE Chicago, Inc. (``NYSE Chicago'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II 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.
---------------------------------------------------------------------------

    \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 amend Rules 10.9521 (Purposes and
Definitions) and 10.9522 (Initiation of Eligibility Proceeding; Member
Regulation Consideration) to correct an obsolete reference to a
department of the Financial Industry Regulatory Authority, Inc.
(``FINRA''). The proposed rule change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to proposes to amend Rules 10.9521 (Purposes
and Definitions) and 10.9522 (Initiation of Eligibility Proceeding;
Member Regulation Consideration) to correct an obsolete reference to a
FINRA department.
Background and Proposed Rule Change
    In 2022, NYSE Chicago adopted disciplinary rules that are, with
certain exceptions, substantially the same as the disciplinary rules of
its affiliate NYSE Arca, Inc., which are in turn substantially similar
to the FINRA Rule 8000 Series and Rule 9000 Series, and which set forth
rules for conducting investigations and enforcement actions.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 95020 (June 1,
2022), 87 FR 35034 (June 8, 2022) (SR-NYSECHX-2022-10) (Notice of
Filing of and Immediate Effectiveness of Proposed Rule Change To
Adopt Investigation, Disciplinary, Sanction, and Other Procedural
Rules Modeled on the Rules of the Exchange's Affiliates).
---------------------------------------------------------------------------

    In adopting disciplinary rules modeled on FINRA's rules, NYSE
Chicago adopted procedures set forth in the Rule 10.9520 Series for a
covered person to become or remain associated with a Participant or
Participant Firm notwithstanding the existence of a statutory
disqualification as defined in Section 3(a)(39) of the Act, and for a
current Participant, Participant Firm or covered person to obtain
relief from the eligibility or qualification requirements of the
Exchange's Rules, which the rule refers to as ``eligibility
proceedings.'' Rule 10.9521 sets forth certain definitions relating to
eligibility proceedings. Rule 10.9521(b)(1) defines the term
``Application'' to mean FINRA's Form MC-400 for covered persons or Form
MC-400A for Participants or Participant Firms filed with FINRA's
Department of Registration and Disclosure'' (abbreviated as ``RAD'' in
the Exchange's rules). Rule 10.9522, which governs initiation of an
eligibility proceeding by the Exchange, contains references to RAD in
subdivisions (b)(1), (c) and (e)(3)(A).
    In 2020, FINRA changed RAD's name to ``Credentialing, Registration,
Education and Disclosure'' (abbreviated as ``CRED'' in FINRA's rules)
and amended, among others, FINRA Rules 9521 and 9522 to reflect the
name change.\4\ The Exchange proposes to conform the references in the
Exchange's rules. To effectuate this change, the Exchange would retain
the reference to ``FINRA's Department'' in Rule 10.9521(b)(1) and
change the capital ``D'' in department to lowercase. The Exchange would
replace ``Registration and Disclosure (`RAD')'' in Rule 10.9521(b)(1)
with ``Credentialing, Registration, Education and Disclosure
(`CRED')''. The Exchange would also replace ``RAD'' with ``CRED'' in
Rules 10.9522(b)(1) (one reference), (c) (two references) and (e)(3)(A)
(one reference).
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 90344 (November 4,
2020), 85 FR 71695 (November 10, 2020) (SR-FINRA-2020-039) (Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend FINRA Rules To Reflect Name Changes to Two FINRA Departments:
The Office of Dispute Resolution and the Department of Registration
and Disclosure).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b)(5) of the Exchange Act,\5\ in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed change to Rules 10.9521 and
10.9522 to update and replace obsolete references to a FINRA department
would increase the clarity and transparency of the Exchange's rules and
remove impediments to and perfect the mechanism of a free and open
market by ensuring that persons subject to the Exchange's jurisdiction,
regulators, and the investing public could more easily navigate and
understand the Exchange rules. The Exchange further believes that the
proposed change would not be inconsistent with the public interest and
the protection of investors because investors will not be harmed and in
fact would benefit from increased clarity, thereby reducing potential
confusion.

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

    In accordance with Section 6(b)(8) of the Act,\6\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The proposed rule change is not intended to
address competitive issues but is rather concerned with deleting and
replacing obsolete references in its rules. Since the proposal does not
substantively modify system functionality or processes on the Exchange,
the proposed changes will not impose any burden on competition.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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 Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(6) \8\ thereunder. Because
the foregoing proposed rule change does not: (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) \10\ thereunder.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\12\ the Commission
may designate a shorter time if such action is consistent with
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately upon filing. The
Commission believes that waving the 30-day operative delay is
consistent with the protection of investors and the public interest,
because it will allow the Exchange to correct obsolete references to a
FINRA department in its rule text. Accordingly, the Commission

designates the proposed rule change to be operative upon filing.\13\
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is 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.

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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-NYSECHX-2023-20 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-NYSECHX-2023-20. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-NYSECHX-2023-20 and should
be submitted on or before December 5, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12), (59).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-25011 Filed 11-13-23; 8:45 am]
BILLING CODE 8011-01-P