[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Notices]
[Pages 43919-43923]
[FR Doc No: 2018-18570]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83898; File No. SR-NYSEAMER-2018-41]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 7.31E Relating to Reserve Orders and Re-Name an Order Type

August 22, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on August 10, 2018, NYSE American LLC (``Exchange'' or ``NYSE
American'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 7.31E relating to Reserve
Orders and re-name an order type. The proposed rule change is available
on the Exchange's website at www.nyse.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Cash Equities Pillar Platform
Rule 7.31E

relating to Reserve Orders and re-name an order type.
Background
    Rule 7.31E(d)(1) defines a Reserve Order as a Limit or Inside Limit
Order with a quantity of the size displayed and with a reserve quantity
of the size (``reserve interest'') that is not displayed. The displayed
quantity of a Reserve Order is ranked Priority 2--Display Orders and
the reserve interest is ranked Priority 3--Non-Display Orders.\4\ Rule
7.31E(d)(1)(A) provides that on entry, the display quantity of a
Reserve Order must be entered in round lots and the displayed portion
of a Reserve Order will be replenished following any execution. That
rule further provides that the Exchange will display the full size of
the Reserve Order when the unfilled quantity is less than the minimum
display size for the order. Rule 7.31E(d)(1)(B) provides that each time
a Reserve Order is replenished from reserve interest, a new working
time is assigned to the replenished quantity of the Reserve Order,
while the reserve interest retains the working time of original order
entry. Pursuant to Rule 7.31E(d)(1)(C), a Reserve Order must be
designated Day and may be combined with a Non-Routable Limit Order.
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    \4\ The terms ``Priority 2--Display Orders'' and ``Priority 3--
Non-Display Orders'' are defined in Rule 7.36E(e).
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Proposed Rule Change Relating To Renaming of Order Type
    The Exchange proposes non-substantive amendments to Rules 7.31E and
7.46E to rename the ``Limit Non-Displayed Order'' as the ``Non-
Displayed Limit Order.'' The Exchange believes this proposed rule
change would conform the style of this order type with the name of the
Non-Routable Limit Order. The Exchange therefore believes that this
proposed rule change would promote clarity and consistency in its
rules.
Proposed Rule Change Relating to Reserve Orders
    The Exchange proposes to amend Rule 7.31E(d)(1) to change the
manner by which the display portion of a Reserve Order would be
replenished. As proposed, rather than replenishing the display quantity
following any execution, the Exchange proposes to replenish the Reserve
Order when the display quantity is decremented to below a round lot.
The changes that the Exchange is proposing to Rule 7.31 relating to
Reserve Orders are identical to changes that were recently approved for
the Exchange's affiliate, New York Stock Exchange LLC (``NYSE'').\5\ In
addition, the proposed changes to how Reserve Orders would be
replenished are consistent with how Reserve Orders are replenished on
other equity exchanges.\6\
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    \5\ See Securities Exchange Act Release No. 83768 (August 3,
2018), 83 FR 39488 (August 9, 2018) (SR-NYSE-2018-26) (Approval
Order).
    \6\ See Cboe BZX Exchange, Inc. (``BZX'') Rule 11.9(c)(1);
Nasdaq Stock Market LLC (``Nasdaq'') Rule 7503(h).
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    As is currently the case, the replenish quantity would be the
minimum display size of the order or the remaining quantity of reserve
interest if it is less than the minimum display quantity. To reflect
this functionality, the Exchange proposes that Rule 7.31E(d)(1)(A)
would be amended as follows (deleted text bracketed; new text
underlined):

    (A) On entry, the display quantity of a Reserve Order must be
entered in round lots. The displayed portion of a Reserve Order will
be replenished when the display quantity is decremented to below a
round lot. The replenish quantity will be the minimum display
quantity of the order or the remaining quantity of the reserve
interest if it is less than the minimum display quantity [following
any execution. The Exchange will display the full size of the
Reserve Order when the unfilled quantity is less than the minimum
display size for the order].

    Under current functionality, because the replenished quantity is
assigned a new working time, it is feasible for a single Reserve Order
to have multiple replenished quantities with separate working times,
each, a ``child'' order. The proposed change to limit when a Reserve
Order would be replenished to when the display quantity is decremented
to below a round lot only would reduce the number of child orders for a
Reserve Order. The Exchange believes that minimizing the number of
child orders for a Reserve Order would reduce the potential for market
participants to detect that a child order displayed on the Exchange's
proprietary market data feeds is associated with a Reserve Order.
    In most cases, the maximum number of child orders for a Reserve
Order would be two. For example, assume a Reserve Order to buy has a
display quantity of 100 shares and an additional 200 shares of reserve
interest. A sell order of 50 shares would trade with the display
quantity of such Reserve Order, which would decrement the display
quantity to 50 shares. As proposed, the Exchange would then replenish
the Reserve Order with 100 shares from the reserve interest, i.e., the
minimum display size for the order. After this second replenishment,
the Reserve Order would have two child orders, one for 50 shares, the
other for 100 shares, each with different working times.
    Generally, when there are two child orders, the older child order
of less than a round lot will be executed before the second child
order. However, there are limited circumstances when a Reserve Order
could have two child orders that equal less than a round lot, which, as
proposed, would trigger a replenishment. For such circumstance, the
Exchange proposes that when a Reserve Order is replenished from reserve
interest and already has two child orders that equal less than a round
lot, the child order with the later working time would be reassigned
the new working time assigned to the next replenished quantity.
    For example, taking the same Reserve Order as above:
     If 100 shares of such order (``A'') are routed on arrival,
it would have a display quantity of 100 shares (``B'') and 100 shares
in reserve interest.
     While ``A'' is routed, a sell order of 50 shares would
trade with ``B,'' decrementing ``B'' to 50 shares and the Reserve Order
would be replenished from reserve interest, creating a second child
order ``C'' of 100 shares.
     Next, the Exchange receives a request to reduce the size
of the Reserve Order from 300 shares to 230 shares. Because ``A'' is
still routed away and there is no reserve interest, and as described in
more detail below, this 70 share reduction in size would be applied
against the most recent child order of ``C,'' which would be reduced to
30 shares. Together with ``B,'' which would still be 50 shares, the two
displayed child orders would equal less than a round lot, but with no
quantity in reserve interest.
     Next, ``A'' is returned unexecuted, and as described
below, becomes reserve interest and is evaluated for replenishment.
Because the total display quantity (``B'' + ``C'') is less than a round
lot, this Reserve Order would be replenished. But because the Reserve
Order already has two child orders, the child order with the later
working time, ``C,'' would be returned to the reserve interest, which
would now have a quantity of 130 shares (``C'' + ``A''), and the
Reserve Order would be replenished with 100 shares from the reserve
interest with a new working time, which would be a new child order
``D.''
     After this replenishment, this Reserve Order would have
two child orders of ``B'' for 50 shares and ``D'' for 100 shares, and a
reserve interest of 30 shares.
    To effect these changes, the Exchange proposes to amend current
Rule

7.31E(d)(1)(B) to specify that each display quantity of a Reserve Order
with a different working time would be referred to as a child order.
The Exchange further proposes new Rule 7.31E(d)(1)(B)(i) that would
provide that when a Reserve Order is replenished from reserve interest
and already has two child orders that equal less than a round lot, the
child order with the later working time would rejoin the reserve
interest and be assigned the new working time assigned to the next
replenished quantity.
    The Exchange also proposes new Rule 7.31E(d)(1)(B)(ii) to provide
that if a Reserve Order is not routable (i.e., is combined with a Non-
Routable Limit Order), the replenish quantity would be assigned a
display and working price consistent with the instructions for the
order, which represents current functionality. For example, for a Non-
Routable Limit Reserve Order, if the display price would lock or cross
the contra-side PBBO, the replenished quantity would be assigned a
display price one MPV worse than the PBBO and a working price equal to
the contra-side PBBO, as provided for in Rule 7.31E(e)(1)(A)(i).\7\ The
Exchange believes that this proposed rule text would provide
transparency and clarity to Exchange rules.
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    \7\ The term ``PBBO'' is defined in Rule 1.1E. The term ``MPV''
is defined in Rule 7.6E.
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    The Exchange further proposes to add new subsection (D) to Rule
7.31E(d)(1) to describe when a Reserve Order would be routed. As
proposed, a routable Reserve Order would be evaluated for routing both
on arrival and each time the display quantity is replenished.
    Proposed Rule 7.31E(d)(1)(D)(i) would provide that if routing is
required, the Exchange would route from reserve interest before
publishing the display quantity. In addition, if after routing, there
is less than a round lot available to display, the Exchange would wait
until the routed quantity returns (executed or unexecuted) before
publishing the display quantity. In the example described above, the
Exchange would have published the display quantity before the routed
quantity returned because the display quantity was at least a round
lot. If, however, 250 shares of a Reserve Order of 300 shares had been
routed on arrival, because the unrouted quantity was less than a round
lot (50 shares), the Exchange would wait for the routed quantity to
return, either executed or unexecuted, before publishing the display
quantity.
    The Exchange proposes this functionality to reduce the possibility
for a Reserve Order to have more than one child order. If the Exchange
did not wait, and instead displayed the 50 shares when the balance of
the Reserve Order has routed, if the 250 shares returns unexecuted,
such Reserve Order would be replenished and would have two child
orders--one for the 50 shares that was displayed when the order was
entered and a second for the 100 shares that replenished the Reserve
Order from the quantity that returned unexecuted. By contrast, by
waiting for a report on the routed quantity, if the routed quantity was
not executed, the Exchange would display the minimum display quantity
as a single child order. If the routed quantity was executed, the
Exchange would display the 50 shares, but only because that would be
the full remaining quantity of the Reserve Order.
    Proposed Rule 7.31E(d)(1)(D)(ii) would provide that any quantity of
a Reserve Order that is returned unexecuted would join the working time
of the reserve interest, which is current functionality. If there is no
quantity of reserve interest to join, the returned quantity would be
assigned a new working time as reserve interest. As further proposed,
in either case, such reserve interest would replenish the display
quantity as provided for in Rules 7.31E(d)(1)(A) and (B). The Exchange
believes that this proposed rule text would promote transparency and
clarity in Exchange rules. The Exchange further believes it is
appropriate for a returned quantity of a Reserve Order to join the
reserve interest first because the order may not be eligible for a
replenishment to the display quantity.
    Proposed Rule 7.31E(d)(1)(E) would provide that a request to reduce
in size a Reserve Order would cancel the reserve interest before
canceling the display quantity and if there is more than one child
order, the child order with the later working time would be cancelled
first. This represents current functionality and the example set forth
above demonstrates how this would function. The Exchange believes that
canceling reserve interest before a child order would promote the
display of liquidity on an exchange. The Exchange further believes that
canceling a later-timed child order would respect the time priority of
the first child order, and any priority such child order may have for
allocations.
* * * * *
    Because of the technology changes associated with the proposed rule
changes to Reserve Orders, the Exchange will announce by Trader Update
when these changes will be implemented, which the Exchange anticipates
will be in the third quarter of 2018.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\8\ in general, and
furthers the objectives of Section 6(b)(5),\9\ in particular, because
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.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change to replenish a
Reserve Order only if the display quantity is decremented to below a
round lot would remove impediments to and perfect the mechanism of a
free and open market and a national market system because it would
reduce the number of child orders associated with a single Reserve
Order. By reducing the number of child orders, the Exchange believes it
would reduce the potential for market participants to detect that a
child order is associated with a Reserve Order. The proposed changes to
Reserve Orders are identical to recently approved changes to the rules
of its affiliated exchange, NYSE, and how a Reserve Order would be
replenished is also consistent with how Reserve Orders function on BZX
and Nasdaq.\10\
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    \10\ See supra notes 5 and 6.
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    For similar reasons, the Exchange believes that if a Reserve Order
has two child orders that equal less than a round lot, it would remove
impediments to and perfect the mechanism of a free and open market and
a national market system to assign a new working time to the later
child order so that when such Reserve Order is replenished, it would
have a maximum of only two child orders. The Exchange believes that
this proposed change would streamline the operation of Reserve Orders
and meet the objective to reduce the potential for market participants
to be able to identify that a child order is associated with a Reserve
Order.
    The Exchange further believes that the proposed rule change to
evaluate a Reserve Order for routing both on arrival and when
replenishing would remove impediments to and perfect the

mechanism of a free and open market and a national market system
because it would reduce the potential for the display quantity of a
Reserve Order to lock or cross the PBBO of an away market. The Exchange
further believes that routing from reserve interest would promote the
display of liquidity on the Exchange, because if there is at least a
round lot remaining of a Reserve Order that is not routed, the Exchange
would display that quantity. The Exchange also believes that it would
remove impediments to and perfect the mechanism of a free and open
market and a national market system to wait to display a Reserve Order
if there is less than a round lot remaining after routing because it
would reduce the potential for such Reserve Order to have more than one
child order. Finally, the Exchange believes that joining any quantity
of a Reserve Order that is returned unexecuted with reserve interest
first would be consistent with the proposed replenishment logic that a
Reserve Order would be replenished only if the display quantity is
decremented to below a round lot.
    The Exchange believes that it would remove impediments to and
perfect the mechanism of a free and open market and a national market
system to apply a request to reduce in size a Reserve Order to the
reserve interest first, and then next to the child order with the later
working time, because such functionality would promote the display of
liquidity on the Exchange and honor the priority of the first child
order with the earlier working time. The Exchange believes that
including this existing functionality in Rule 7.31E would promote
transparency and clarity in Exchange rules.
    The Exchange believes that the proposed non-substantive amendment
to rename the ``Limit Non-Displayed Order'' as the ``Non-Displayed
Limit Order'' would remove impediments to and perfect the mechanism of
a free and open market and a national market system because the
proposed change would conform to the naming convention of the
Exchange's Non-Routable Limit Order and would therefore promote clarity
and consistency in Exchange rules.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not designed to address any competitive issues. Rather, the proposed
rule change to Reserve Orders is designed to reduce the potential for
market participants to identify that a child order is related to a
Reserve Order. The additional proposed rule changes are non-substantive
and are designed to promote clarity and consistency in Exchange rules.

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)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\14\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEAMER-2018-41 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-NYSEAMER-2018-41. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEAMER-2018-41 and should be submitted
on or before September 18, 2018.
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    \16\ 17 CFR 200.30-3(a)(12).

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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-18570 Filed 8-27-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: May 20, 2009 (Volume 74, Number 96)]
[Rules and Regulations]
[Page 23614-23617]
[DOCID:fr20my09-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0462; Directorate Identifier 2009-NM-063-AD;
Amendment 39-15913; AD 2009-11-03]
RIN 2120-AA64

Airworthiness Directives; Lockheed Model 382, 382B, 382E, 382F,
and 382G Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Lockheed Model 382, 382B, 382E, 382F, and 382G series airplanes. This
AD requires an inspection to identify discrepant barrel nuts in the
upper wing joint, engine truss, and rear beam pylon support; and
replacement of any discrepant barrel nut with a new barrel nut, if
necessary. This AD results from

a report of severe cracking of multiple barrel nuts in the wing station
(WS) 220 upper wing joint found during scheduled maintenance. We are
issuing this AD to prevent cracking of the barrel nuts in the upper
wing joint, engine truss, and rear beam pylon support, which could
result in reduced structural integrity of the affected part and
consequent detachment of the wing or engine from the airplane.

DATES: This AD is effective June 4, 2009.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of June 4, 2009.
    We must receive comments on this AD by July 20, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Lockheed
Continued Airworthiness Project Office, Attention Airworthiness, 86
South Cobb Drive, Marietta, Georgia 30063-0567; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet http://
www.lockheedmartin.com/ams/tools/TechPubs.html.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Carl Gray, Aerospace Engineer,
Airframe Branch, ACE-117A, FAA, Atlanta Aircraft Certification Office,
One Crown Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia
30349; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We received a report of severe cracking of multiple barrel nuts in
the wing station (WS) 220 upper wing joint found during scheduled
maintenance. Deformed thread locking barrel nuts having a certain part
number were identified as having greater potential for cracking during
routine service. The affected nut might also be installed at the quick
engine change (QEC) lower attachment to the truss mount and at the
outer wing station (OWS) 330 rear beam pylon attach fitting. This
condition, if not corrected, could result in reduced structural
integrity of the affected part and consequent detachment of the wing or
engine from the airplane.

Relevant Service Information

    We reviewed Lockheed Alert Service Bulletin A382-57-91, Revision 1,
dated March 25, 2009. The service bulletin describes procedures for an
inspection to identify discrepant barrel nuts (with deformed thread
locking, impression stamp ``K,'' no impression stamp, or cracking) in
the upper wing joint, engine truss, and rear beam pylon support; and
replacement of any discrepant barrel nut with a new barrel nut, if
necessary.

FAA's Determination and Requirements of This AD

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs. This AD requires accomplishing the actions specified in the
service information described previously, except as discussed under
``Differences Between the AD and the Service Information.''

Differences Between the AD and the Service Information

    Although the Accomplishment Instructions of Lockheed Alert Service
Bulletin A382-57-91, Revision 1, dated March 25, 2009, specify that
operators may contact the manufacturer for disposition of certain
repair conditions, this AD would require operators to repair those
conditions using a method approved by the FAA.
    The Accomplishment Instructions of Lockheed Alert Service Bulletin
A382-57-91, Revision 1, dated March 25, 2009, recommend inspecting to
identify discrepant barrel nuts before further flight, but we have
determined that this compliance time would not give operators enough
time to inspect all affected airplanes. In developing an appropriate
compliance time for this AD, we considered the manufacturer's
recommendation, the degree of urgency associated with the subject
unsafe condition, the average utilization of the affected fleet, and
the time necessary to perform the inspection (1 work-hour). In light of
all these factors, we find that a 30-day compliance time represents an
appropriate time for affected airplanes to continue to operate without
compromising safety. These differences have been coordinated with the
manufacturer.

FAA's Justification and Determination of the Effective Date

    Because of our requirement to promote safe flight of civil aircraft
and thus the critical need to prevent cracking of certain barrel nuts
which could result in reduced structural integrity of the affected part
and consequent detachment of the wing or engine, and the short
compliance time involved with this action, this AD must be issued
immediately.
    Because an unsafe condition exists that requires the immediate
adoption of this AD, we find that notice and opportunity for prior
public comment hereon are impracticable and that good cause exists for
making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2009-0462; Directorate Identifier 2009-NM-063-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII:

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979), and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-11-03 Lockheed: Amendment 39-15913. Docket No. FAA-2009-0462;
Directorate Identifier 2009-NM-063-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective June 4, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Lockheed Model 382, 382B, 382E, 382F,
and 382G series airplanes, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from a report of severe cracking of multiple
barrel nuts in the wing station (WS) 220 upper wing joint found
during scheduled maintenance. We are issuing this AD to prevent
cracking of the barrel nuts in the upper wing joint, engine truss,
and rear beam pylon support, which could result in reduced
structural integrity of the affected part and consequent detachment
of the wing or engine from the airplane.

Compliance

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

Inspection/Replacement if Necessary

    (g) Within 30 days after the effective date of this AD: Do a
general visual inspection to identify discrepant barrel nuts in the
upper wing joint, engine truss, and rear beam pylon support, in
accordance with the Accomplishment Instructions of Lockheed Alert
Service Bulletin A382-57-91, Revision 1, dated March 25, 2009.
Except as provided by paragraph (h) of this AD, if any discrepant
barrel nut is found, before further flight, replace the barrel nut
with a new barrel nut in accordance with the service bulletin.

    Note 1: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''

Exception to Corrective Action Instructions

    (h) If any discrepant barrel nut is found during the inspection
required by this AD, and Lockheed Alert Service Bulletin A382-57-91,
Revision 1, dated March 25, 2009, specifies contacting Lockheed for
appropriate action: Before further flight, replace the discrepant
barrel nut using a method approved by the Manager, Atlanta Aircraft
Certification Office (ACO), FAA. For a repair method to be approved
by the Manager, Atlanta ACO, as required by this paragraph, the
Manager's approval letter must specifically refer to this AD.

Credit for Actions Done Using Previous Service Information

    (i) Actions done before the effective date of this AD in
accordance with Lockheed Alert Service Bulletin A382-57-91, dated
March 6, 2009, are acceptable for compliance with the corresponding
requirements of this AD.

Reporting Not Required

    (j) Although Lockheed Alert Service Bulletin A382-57-91,
Revision 1, dated March 25, 2009, specifies to submit certain
information to the manufacturer, this AD does not include that
requirement.

Parts Installation

    (k) As of the time specified in paragraph (k)(1) or (k)(2) of
this AD, as applicable, no person may install, on any airplane, a
barrel nut in the upper wing joint, engine truss, and rear beam
pylon support unless the barrel nut has been modified in accordance
with the Accomplishment Instructions of Lockheed Alert Service
Bulletin A382-57-91, Revision 1, dated March 25, 2009.
    (1) For unmarked barrel nuts with a deformed thread locking
style: As of 30 days after the effective date of this AD.
    (2) For all other discrepant barrel nuts: As of the effective
date of this AD.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, Atlanta ACO, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN: Carl Gray, Aerospace
Engineer, Airframe Branch, ACE-117A, Atlanta ACO, FAA, One Crown
Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (m) You must use Lockheed Alert Service Bulletin A382-57-91,
Revision 1, dated March 25, 2009, to do the actions required by this
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Lockheed Continued Airworthiness Project Office, Attention
Airworthiness, 86 South Cobb Drive, Marietta, Georgia 30063-0567;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.lockheedmartin.com/ams/
tools/TechPubs.html.
    (3) You may review copies of the service information at the FAA,
Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221 or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on May 7, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-11590 Filed 5-19-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Rules and Regulations]
[Pages 1128-1131]
[FR Doc No: 2015-33177]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0813; FRL-9940-93-Region 10]

Approval and Promulgation of Implementation Plans; Washington;
Removal of Obsolete Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to remove outdated rules in the Code of Federal
Regulations (CFR) for the State of Washington because they are
unnecessary or obsolete. The EPA is also clarifying regulations to
reflect updated citations and more recent air quality monitoring data.
This direct final action makes no substantive changes to the State
Implementation Plan (SIP) and imposes no new requirements.

DATES: This rule is effective on March 11, 2016, without further
notice, unless the EPA receives adverse comment by February 10, 2016.
If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0813, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, (206) 553-
0256<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' are used, it is intended to refer to the EPA.

I. Introduction

    This action is being taken pursuant to Executive Order 13563--
Improving Regulation and Regulatory Review. It is intended to reduce
the number of pages in the CFR by identifying those rules in 40 CFR
part 52, subpart WW, for the State of Washington that are duplicative,
outdated, or obsolete. These rules no longer have any use or legal
effect because they have been superseded by subsequently approved SIP
revisions. This action also amends certain rules by revising outdated
citations and updating provisions based on more recent ambient air
quality monitoring data. One aspect of the EPA's action removes
historical information found in the ``Original Identification of plan''
section in 40 CFR 52.2477. This section is no longer necessary because
the EPA promulgated administrative rule actions to replace these
paragraphs with summary tables in 40 CFR 52.2470 (78 FR 17108, March
20, 2013). These summary tables describe the regulations, source-
specific actions, and non-regulatory requirements which comprise the
SIP.

II. Removal of Obsolete or Unnecessary Rules and Clarifications to
Certain Rules

    The EPA reviewed the following regulations and found that they
should be removed or revised for the reasons set forth as follows:

A. Section 52.2471 Classification of Regions

    In a submission received on September 22, 2014, included in the
docket for this action, the Washington Department of Ecology (Ecology)
reviewed air quality monitoring data for nitrogen dioxide
(NO2) and ozone with respect to classifying regions under 40
CFR 51.150. That section classifies regions based on air quality
information for purposes of establishing requirements for emergency
episode plans. The air quality information in 40 CFR 52.2471 regarding
classification of regions in the State of Washington was last updated
by the EPA on June 5, 1980 (45 FR 37836). Ecology confirmed that the
classifications in Sec.  52.2471 remain correct for NO2
based on 2012-2014 monitoring data. Ecology also confirmed that the
classifications for ozone remain correct for all Air Quality Control
Regions in Washington, except one. Based on a review of 2012-2014 data,
Ecology noted that the classification for the Washington portion of the
Portland Interstate Air Quality Control Region is out of date. The EPA
reviewed the 2012-2014 data used by Ecology, as well as more recent
2013-2015 data included in the docket for this action. We agree with
Ecology's analysis that the Washington portion of the Portland
Interstate Air Quality Control Region should be reclassified to
Priority III based on more recent air quality monitoring data. The
reclassification of the Washington portion of the Portland Interstate
Air Quality Control Region from Priority I to Priority III will have no
significant impact on the SIP because the current emergency episode
plan covers the entire state and remains unchanged in the SIP since the
EPA's last approval (58 FR 4578, January 15, 1993).
    The EPA also reviewed air quality monitoring data for carbon
monoxide. Concentrations of carbon monoxide in ambient air have
plummeted in the thirty-five years since the EPA's last update to the
classifications in Sec.  52.2471, primarily due to improved Federal
engine standards for motor vehicles. The highest 8-hour concentration
observed at all monitors in Washington from 2013-2015 was 2.4 parts per
million (ppm), which is well below the 8-hour carbon monoxide National
Ambient Air Quality Standard (NAAQS) of 9 ppm and well below the
Priority I classification level of 12 ppm. Similarly, the highest 1-
hour concentration observed at all monitors in Washington from 2013-
2015 was 4 ppm, which is well below the 1-hour carbon monoxide NAAQS of
35 ppm and well below the Priority I classification level of 48 ppm.
The EPA is therefore reclassifying all carbon monoxide areas in
Washington as Priority III, the lowest classification level. As
discussed above, this update to the classification levels will have no
significant impact on the SIP because the current emergency episode
plan covering the entire state remains unchanged in the SIP since the
EPA's last approval. At this time, we are not assessing the
classification levels for other pollutants (particulate matter and
sulfur dioxide) because the data analysis required to do so, including
consideration of any potential exceptional events, is beyond the scope
of this action.

B. Section 52.2472 Extensions

    This section extended the attainment date for the Spokane and
Wallula particulate matter (PM10) nonattainment areas until
December 31, 1995 (60 FR 47280, September 12, 1995). In subsequent
actions, the EPA redesignated both of these areas to attainment of the
PM10 NAAQS (70 FR 38029, July 1, 2005 and 70 FR 50212,
August 26, 2005), making this section obsolete. The EPA is therefore
removing this section.

C. Section 52.2473 Approval Status

    This section, last updated February 23, 1982 (47 FR 7840), is out
of date. The second sentence addresses the geographic applicability of
the regulations in the Washington SIP. Applicability is now addressed
in the tables in Sec.  52.2470, and this sentence is out of date and is
being removed (see 79 FR 59653, October 3, 2014). The fourth sentence
describes ozone-related reasonably available control technology (RACT)
requirements under the 1977 Clean Air Act (CAA). This sentence is being
removed because the EPA subsequently approved Washington SIP revisions
for the ozone NAAQS under the requirements of the 1990 CAA (see 40 CFR
52.2470(c) and (e)). Similarly, the fifth sentence in this section is
also out of date and is being removed. It describes the requirements of
the emission offset interpretive rule as it applies to permitting new
sources in a nonattainment area, published January 16, 1979 (44 FR
3274). This concern became obsolete when the EPA approved Washington
Administrative Code (WAC) 173-400-091 ``Voluntary limits on emissions''
and WAC 173-400-112 ``Requirements for new sources in nonattainment
areas'' (60 FR 28726, June 2, 1995). More recently, the EPA approved
updates to Washington's nonattainment new source review permitting
program as meeting all CAA requirements on November 7, 2014 (79 FR
59653).

D. Section 52.2474 General Requirements

    This section, addressing public availability of emission data, is
out of date (40 FR 55334, November 28, 1975), and is being removed. On
October 3, 2014, the EPA approved WAC 173-400-175 ``Public
Information'' as meeting the requirements of the CAA, including making
ambient air quality data and emission data available to the public (79
FR 59653). For a full discussion, please see the proposed approval of
WAC 173-400-175 (79 FR 39351, 39357, July 10, 2014).

E. Section 52.2475 Approval of Plans

    This section is no longer necessary because the EPA replaced the
historical information contained in this section with summary tables in
Sec.  52.2470 (78 FR 17108, March 20, 2013). These summary tables
describe the regulations, source-specific actions, and non-regulatory
requirements which comprise the SIP, including a history of attainment
plan and visibility protection SIP submittals. The EPA reviewed Sec.
52.2475 to verify that all relevant historical information in this
section is contained in Sec.  52.2470. The EPA is therefore removing
Sec.  52.2475.

F. Section 52.2477 Original Identification of Plan Section

    Paragraphs (b) and (c) of Sec.  52.2477, originally designated as
40 CFR 52.2470(b) and (c), contain historical information about the
EPA's approval actions for the Washington SIP which occurred from
January 28, 1972 until March 20, 2013. On March 20, 2013, the EPA
reorganized the Identification of plan section (Sec.  52.2470) for
subpart WW by listing and summarizing Washington's currently approved
SIP requirements in Sec.  52.2470(a) through (e) (78 FR 17110).
Paragraphs (b) and (c) of Sec.  52.2477 are being removed because the
EPA has determined that it is no longer necessary to codify the
information found in these paragraphs. Paragraph (a) of Sec.  52.2477
is being amended to state that this historical information will
continue to be made available in the CFR annual editions, title 40,
part 52 (years 1996 through 2012). These annual editions are available
on line at the following url address: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

G. Section 52.2495 Voluntary Limits on Potential To Emit

    This section discusses the mechanisms for issuance of voluntary
limits on potential to emit in Washington. In 1995, the EPA approved
this regulation (with a state effective date of September 20, 1993) as
meeting the requirements for Federally-enforceable state operating
permit programs set forth in 54 FR 27274 (June 28, 1989), with respect
to criteria pollutants and pollutants regulated under the PSD program
under section 110 of the CAA (as part of the SIP) and with respect to
hazardous air pollutants under section 112(l) of the CAA (as part of
Ecology's CAA section 112 program and not as part of the SIP). See 60
FR 9805 (proposed action); 60 FR 28726 (final action). Subsequent to
that approval, Ecology made minor changes to WAC 173-400-091. The EPA
approved these minor changes to the Washington SIP in 2014 with respect
to criteria pollutants and pollutants regulated under the PSD program
(referred to as ``regulated NSR pollutants''). See 79 FR 39351, 39354
(July 10, 2014) (proposed action); 79 FR 59653 (final action). The 1993
version of WAC 173-400-091 continues to be the approved version for
purposes of section 112(l). The EPA is amending Sec.  52.2495 to make
it clear that WAC 173-400-091 remains approved under both sections 110
and 112(l) of the CAA, and that the SIP-approved version is identified
in Sec.  52.2470(c). The EPA is also deleting the reference in Sec.
52.2495 to 40 CFR 51.104(e) because that paragraph has been repealed.

III. Final Action

    The EPA has determined that the above referenced rules should be
removed or revised at this time. The EPA is publishing this rule
without prior proposal because the Agency views this as a
noncontroversial action and anticipates no adverse comment. However, in
the ``Proposed Rules'' section of this Federal Register, the EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on March 11, 2016 without further notice unless the EPA
receives adverse comment by February 10, 2016. If the EPA receives
adverse comment, the EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. The EPA will address all public comments in a subsequent final
rule based on the proposed rule. The EPA will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. Please note that if the EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, the EPA may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.

IV. Statutory and Executive Orders 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 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide 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).
    The SIP is not approved to apply on any Indian reservation land in
Washington except as specifically noted below and is also not approved
to apply in any other area where the 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 as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000). Washington's SIP
is approved to apply on non-trust land within the exterior boundaries
of the Puyallup Indian Reservation, also known as the 1873 Survey Area.
Under the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C.
1773, Congress explicitly provided state and local agencies in
Washington authority over activities on non-trust lands within the 1873
Survey Area.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 11, 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that the EPA
can withdraw this direct final rule and address the comment in the

proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporate by
reference, Intergovernmental relations, Particulate matter, Reporting
and Recordkeeping requirements.

    Dated: December 21, 2015.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart WW--Washington

0
2. Section 52.2471 is revised to read as follows:

Sec.  52.2471  Classification of regions.

    The Washington plan was evaluated on the basis of the following
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                     Pollutant
                                 -------------------------------------------------------------------------------
   Air quality control region       Particulate                      Nitrogen         Carbon
                                      matter       Sulfur oxides      dioxide        monoxide          Ozone
----------------------------------------------------------------------------------------------------------------
Eastern Washington-Northern                    I              IA             III             III             III
 Idaho Interstate...............
Northern Washington Intrastate..              II             III             III             III             III
Olympic-Northwest Washington                  II              II             III             III             III
 Intrastate.....................
Portland Interstate.............               I              IA             III             III             III
Puget Sound Intrastate..........               I              IA             III             III               I
South Central Washington                       I             III             III             III             III
 Intrastate.....................
----------------------------------------------------------------------------------------------------------------

Sec.  52.2472  [Removed and Reserved]

0
3. Section 52.2472 is removed and reserved.

0
4. Section 52.2473 is revised to read as follows:

Sec.  52.2473  Approval status.

    With the exceptions set forth in this subpart, the Administrator
approves Washington's plan for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds that the plan satisfies all requirements of
part D, title 1, of the Clean Air Act.

Sec. Sec.  52.2474 and 52.2475  [Removed and Reserved]

0
4. Sections 52.2474 and 52.2475 are removed and reserved

0
5. Section 52.2477 is revised to read as follows:

Sec.  52.2477  Original identification of plan section.

    (a) This section identified the original ``Air Implementation Plan
for the State of Washington'' and all revisions submitted by Washington
that were Federally approved prior to March 20, 2013. The information
in this section is available in the 40 CFR, part 52, Volume 3 of 3
(Sec. Sec.  52.2020 to End) edition revised as of July 1, 2012.
    (b) [Reserved]
    (c) [Reserved]

0
6. Section 52.2495 is revised to read as follows:

Sec.  52.2495  Voluntary limits on potential to emit.

    (a) Terms and conditions of regulatory orders covering regulated
NSR pollutants (as defined in 40 CFR 52.21(b)), issued pursuant to WAC
173-400-091 ``Voluntary limits on emissions'' and in accordance with
the provisions of WAC 173-400-091, WAC 173-400-105 ``Records,
monitoring, and reporting,'' and WAC 173-400-171 ``Public
involvement,'' shall be applicable requirements of the Federally-
approved Washington SIP for the purposes of section 113 of the Clean
Air Act and shall be enforceable by EPA and by any person in the same
manner as other requirements of the SIP. Such regulatory orders issued
pursuant to WAC 173-400-091 are part of the Washington SIP and shall be
submitted to EPA Region 10 in accordance with the requirements of 40
CFR 51.326. The EPA-approved provisions of the WAC are identified in 40
CFR 52.2470(c).
    (b) Terms and conditions of regulatory orders covering hazardous
air pollutants (as defined in 40 CFR 63.2), issued pursuant to WAC 173-
400-091 ``Voluntary limits on emissions,'' as in effect on September
20, 1993, and in accordance with the provisions of WAC 173-400-091, WAC
173-400-105 ``Records, monitoring, and reporting,'' and WAC 173-400-171
``Public involvement,'' shall be applicable requirements of the
Federally-approved Washington section 112(l) program for the purposes
of section 113 of the Clean Air Act and shall be enforceable by EPA and
by any person in the same manner as other requirements of section 112.

[FR Doc. 2015-33177 Filed 1-8-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Pages 45723-45724]
[FR Doc No: 2021-17487]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-2629-000]

Maven Energy, 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 proceeding of
Maven

Energy, 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 August 30, 2021.
    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://www.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: August 10, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-17487 Filed 8-13-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 243 (Wednesday, December 18, 2013)]
[Notices]
[Pages 76612-76613]
[FR Doc No: 2013-30139]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2013-0025; FRL-9903-82]

Notice of Receipt of Pesticide Products; Registration
Applications To Register New Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces receipt of applications to register new
uses for pesticide products containing currently registered active
ingredients pursuant to the provisions of section 3(c) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This
notice provides the public with an opportunity to comment on the
applications.

DATES: Comments must be received on or before January 17, 2014.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the EPA Registration Number or EPA File Symbol of
interest as shown in the body of this document, by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Lois Rossi, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number
(703) 305-7090; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:

    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Registration Applications

    EPA has received applications to register new uses for pesticide
products containing currently registered active ingredients. Pursuant
to the provisions of FIFRA section 3(c)(4), EPA is hereby providing
notice of receipt and opportunity to comment on these applications.
Notice of receipt of these applications does not imply a decision by
the Agency on these applications. For actions being evaluated under the
Agency's public participation process for registration actions, there
will be an additional opportunity for a 30-day public comment period on
the proposed decision. Please see the Agency's public participation Web
site for additional information on this process (http://www.epa.gov/pesticides/regulating/registration-public-involvement.html). EPA
received the following applications to register new uses for pesticide
products containing currently registered active ingredients:
    1. EPA Registration Numbers: 241-245 (Pendimethalin Technical) and
241-418 (Prowl H2O Herbicide). Docket ID number: EPA-HQ-OPP-2013-0768.
Applicant: BASF Corporation, 26 Davis Dr., P.O. Box 13528, Research
Triangle Park, NC 27709. Active ingredient: Pendimethalin. Product
type: Herbicide. Proposed uses: Hops; onion, bulb, subgroup 3-07-A;
onion, green, subgroup 3-07B; vegetable, fruiting, group 8-10; fruit,
citrus, group 10-10; fruit, pome, group 11-10; fruit, stone, group 12-
12; berry, low growing, subgroup 13-07G; sunflower, subgroup 20B.
    2. EPA Registration Number: 279-3149. Docket ID number: EPA-HQ-OPP-
2013-0712. Applicant: FMC Corporation, 1735 Market St., Philadelphia,
PA 19103. Active ingredient: Sulfentrazone. Product type: Herbicide.
Proposed use: Formulation into end-use sulfentrazone products used for
weed control in apple orchards.
    3. EPA Registration Numbers: 279-3189, 279-3220 and 279-3370.
Docket ID Number: EPA-HQ-OPP-2013-0712. FMC Corporation, 1735 Market
St., Philadelphia, PA 19103. Active ingredient: Sulfentrazone. Product
type: Herbicide. Proposed use: Weed control in apple orchards.
    4. EPA Registration Number: 7969-155. Docket ID number: EPA-HQ-OPP-
2013-0670. Applicant: BASF Corporation, 26 Davis Dr., P.O. Box 13528,
Research Triangle Park, NC 27709. Active ingredient: Dimethenamid.
Product type: Herbicide. Proposed use: Formulation into end-use
dimethenamid products used for weed control in cotton.
    5. EPA Registration Number: 7969-156. Docket ID number: EPA-HQ-OPP-
2013-0670. Applicant: BASF Corporation, 26 Davis Dr., P.O. Box 13528,
Research Triangle Park, NC 27709. Active ingredient: Dimethenamid.
Product type: Herbicide. Proposed use: Weed control in cotton.
    6. EPA Registration Numbers: 59639-136 and 63588-12. Docket ID
number: EPA-HQ-OPP-2013-0773. Applicant: Valent, U.S.A. Corporation,
1101 14th St., NW., Suite 1050, Washington, DC 20005. Active
ingredient: Bispyribac-sodium. Product type: Herbicide. Proposed uses:
Athletic fields, commercial and residential turf.
    7. EPA Registration Numbers: 71512-11 and 71512-18. Docket ID
number: EPA-HQ-OPP-2013-0445. Applicant: ISK Biosciences Corporation,
7470 Auburn Rd., Suite A, Concord, OH 44077. Active ingredient:
Flazasulfuron. Product type: Herbicide. Proposed use: Tree nuts.

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: December 6, 2013.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2013-30139 Filed 12-17-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 15, 2005 (Volume 70, Number 240)]
[Notices]
[Page 74315-74316]
[DOCID:fr15de05-64]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2003-0195]; FRL-7751-1]

 Pesticide Product; Registration Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY:  This notice announces Agency approval of an application to
register the pesticide products Topramezone Technical and Topramezone
SC Herbicide containing an active ingredient not included in any
previously registered product pursuant to the provisions of section
3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended.

FOR FURTHER INFORMATION CONTACT: Joanne I. Miller, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; and e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111)
     Animal production (NAICS code 112)
     Food manufacturing (NAICS code 311)
     Pesticide manufacturing (NAICS code 32532)
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number

EPA-HQ- OPP-2003-0195. The official public docket consists of the
documents specifically referenced in this action, any public comments
received, and other information related to this action. Although a part
of the official docket, the public docket does not include Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. The official public docket is the collection of
materials that is available for public viewing at the Public
Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA. This docket facility is
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The docket telephone number is<PHONE_NUMBER>.
    In accordance with section 3(c)(2) of FIFRA, a copy of the approved
label, the list of data references, the data and other scientific
information used to support registration, except for material
specifically protected by section 10 of FIFRA, are also available for
public inspection. Requests for data must be made in accordance with
the provisions of the Freedom of Information Act and must be addressed
to the Freedom of Information Office (A-101), 1200 Pennsylvania Ave.,
NW., Washington, DC 20460-0001. The request should: Identify the
product name and registration number and specify the data or
information desired.
    A paper copy of the fact sheet, which provides more detail on this
registration, may be obtained from the National Technical Information
Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.

    Agency Website: EDOCKET, EPA's electronic public docket and comment
system was replaced on November 25, 2005, by an enhanced federal-wide
electronic docket management and comment system located at http://www.regulations.gov/.
 Follow the on-line instructions.

    An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public

comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.

II. Did EPA Approve the Application?

    The Agency approved the application after considering all required
data on risks associated with the proposed use of topramezone, and
information on social, economic, and environmental benefits to be
derived from use. Specifically, the Agency has considered the nature of
the chemical and its pattern of use, application methods and rates, and
level and extent of potential exposure. Based on these reviews, the
Agency was able to make basic health and safety determinations which
show that use of topramezone when used in accordance with widespread
and commonly recognized practice, will not generally cause unreasonable
adverse effects to the environment.

III. Approved Applications

    1. EPA Registration Number: 5481-523. Applicant: Amvac Chemical
Corp., 4695 MacArthur Court, Suite 1250, Newport Beach, CA 92660.
Product Name: Topramezone Technical. Type of product: Herbicide. Active
ingredient: Topramezone, [3-(4,5-dihydro-isoxazol-3-yl)-4-
methylsulfonyl-2-methylphenyl](5-hydroxy-1-methyl-1H-pyrazol-4-
yl)methanone at 99.2%. Proposed classification/Use: None. For the
formulation of herbicides.
    2. EPA Registration Number: 5481-524. Applicant: Amvac Chemical
Corp. Product Name: Topramezone SC Herbicide. Type of product:
Herbicide. Active ingredient: Topramezone, [3-(4,5-dihydro-isoxazol-3-
yl)-4-methylsulfonyl-2-methylphenyl](5-hydroxy-1-methyl-1H-pyrazol-4-
yl)methanone at 29.7%. Proposed classification/Use: None. For weed
control on corn.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: November 30, 2005
 Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 05-24094 Filed 12-14-05; 8:45 am]

BILLING CODE 6560-50-S