[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Notices]
[Pages 6262-6264]
[FR Doc No: 2014-02134]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71418; File No. SR-NASDAQ-2014-008]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Inbound Routing of Options Orders

January 28, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 15, 2014, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to permit the NASDAQ Options Market (``NOM'')
to receive inbound orders in options routed through Nasdaq Execution
Services, LLC (``NES'') from affiliated exchanges, as described in
detail below.

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

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

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

1. Purpose
    The purpose of the filing is to permit the receipt of inbound
orders routed from affiliated exchanges in options through NES. The
Exchange filed a proposed rule change to use NES rather than Nasdaq
Options Services LLC (``NOS'') for the outbound routing of options
orders and the Exchange also updated its equities and options rules to
reflect the use of a third party unaffiliated routing broker.\3\
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    \3\ See SR-NASDAQ-2014-007.
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    Now, the Exchange proposes to continue to receive orders from its
affiliated exchanges. Specifically, the Exchange proposes to receive
options orders, through NES directly from the options market of NASDAQ
OMX PHLX LLC (``PHLX'') \4\ as well as from NASDAQ OMX BX, Inc.
(``BX''),\5\ under the same terms and conditions as NOS currently does.
BX and PHLX have filed to use NES for outbound routing,\6\ as well as
to receive options orders routed from PHLX through NES.\7\
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    \4\ Securities Exchange Act Release No. 58135 (July 10, 2008),
73 FR 40898 (July 16, 2008) (SR-NASDAQ-2008-061).
    \5\ Securities Exchange Act Release No. 67256 (June 26, 2012),
77 FR 39277 (July 2, 2012) (SR-BX-2012-030).
    \6\ See SR-BX-2014-003 and SR-Phlx-2014-004.
    \7\ See SR-BX-2014-004 and SR-Phlx-2014-005.
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    NOS and NES are broker-dealers and members of NASDAQ, PHLX and BX.
Currently, NOS provides all options routing functions for BX Options,
PHLX, and NOM. BX, NASDAQ, NOM, PHLX, NES and NOS are affiliates.\8\
Accordingly, the affiliate relationship between NASDAQ and NOS, its
member, raises the issue of an exchange's affiliation with a member of
such exchange. Specifically, in connection with prior filings, the
Commission has expressed concern that the affiliation of an exchange
with one of its members raises the potential for unfair competitive
advantage and potential conflicts of interest between an exchange's
self-regulatory obligations and its commercial interests.\9\ Similarly,
under this proposal, the affiliate relationship between NASDAQ and NES
raises this issue.
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    \8\ See Securities Exchange Act Release Nos. 58324 (August 7,
2008), 73 FR 46936 (August 12, 2008) (SR-BSE-2008-02; SR-BSE-2008-
23; SR-BSE-2008-25; SR-BSECC-2008-01) (order approving NASDAQ OMX's
acquisition of BX); and 58179 (July 17, 2008), 73 FR 42874 (July 23,
2008) (order approving NASDAQ OMX's acquisition of PHLX).
    \9\ See Securities Exchange Act Release Nos. 59153 (December 23,
2008), 73 FR 80485 (December 31, 2008) (SR-NASDAQ-2008-098); and
62736 (August 17, 2010), 75 FR 51861 (August 23, 2010) (SR-NASDAQ-
2010-100). See also Securities Exchange Act Release No. 58135 (July
10, 2008), 73 FR 40898 (July 16, 2008)(SR-NASDAQ-2008-
061)(Permitting NOS to be affiliated with PHLX).
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    Recognizing that the Commission has previously expressed concern
regarding the potential for conflicts of interest in instances where a
member firm is affiliated with an exchange of which it is a member, the
Exchange previously proposed, and the Commission approved, limitations
and conditions on

NOS's affiliation with the Exchange. Also recognizing that the
Commission has expressed concern regarding the potential for conflicts
of interest in instances where a member firm is affiliated with an
exchange to which it is routing orders, the Exchange previously
proposed, and the Commission approved,\10\ NOS's affiliation with the
Exchange to permit the Exchange to accept inbound orders that NOS
routes in its capacity as a facility of PHLX and BX, subject to certain
limitations and conditions. The Exchange now proposes to permit NOM to
accept inbound options orders that NES (rather than NOS) routes in its
capacity as a facility of PHLX and BX, subject to the same limitations
that currently apply to NOM accepting inbound orders from PHLX and BX
through NOS, as follows:
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    \10\ See Securities Exchange Act Release Nos. 58135 (July 10,
2008), 73 FR 40898 (July 16, 2008) (SR-NASDAQ-2008-061); and 69755
(June 13, 2013), 78 FR 36800 (June 19, 2013) (SR-NASDAQ-2013-070).
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     First, the Exchange and FINRA maintain a Regulatory
Contract, as well as an agreement pursuant to Rule 17d-2 under the Act
(``17d-2 Agreement'').\11\ Pursuant to the Regulatory Contract and the
17d-2 Agreement, FINRA will be allocated regulatory responsibilities to
review NES's compliance with certain Exchange rules.\12\ Pursuant to
the Regulatory Contract, however, NASDAQ retains ultimate
responsibility for enforcing its rules with respect to NES.
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    \11\ 17 CFR 240.17d-2.
    \12\ NES is also subject to independent oversight by FINRA, its
designated examining authority, for compliance with financial
responsibility requirements.
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     Second, FINRA will monitor NES for compliance with the
Exchange's trading rules, and will collect and maintain certain related
information.\13\
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    \13\ Pursuant to the Regulatory Contract, both FINRA and the
Exchange will collect and maintain all alerts, complaints,
investigations and enforcement actions in which NES (in its capacity
as a facility of PHLX and BX routing orders to NOM) is identified as
a participant that has potentially violated applicable Commission or
Exchange rules. The Exchange and FINRA will retain these records in
an easily accessible manner in order to facilitate any potential
review conducted by the Commission's Office of Compliance
Inspections and Examinations.
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     Third, FINRA will provide a report to the Exchange's chief
regulatory officer (``CRO''), on a quarterly basis, that: (i)
Quantifies all alerts (of which FINRA is aware) that identify NES as a
participant that has potentially violated Commission or Exchange rules,
and (ii) lists all investigations that identify NES as a participant
that has potentially violated Commission or Exchange rules.
     Fourth, the Exchange has in place NASDAQ 2140(c) which
requires The NASDAQ OMX Group, Inc., as the holding company owning both
the Exchange and NES, to establish and maintain procedures and internal
controls reasonably designed to ensure that NES does not develop or
implement changes to its system, based on non-public information
obtained regarding planned changes to the Exchange's systems as a
result of its affiliation with the Exchange, until such information is
available generally to similarly situated Exchange members, in
connection with the provision of inbound order routing to the Exchange.
    By meeting the above conditions, the Exchange will have set up
mechanisms that protect the independence of the Exchange's regulatory
responsibility with respect to NES, as well as demonstrate that NES
cannot use any information advantage it may have because of its
affiliation with the Exchange.
    For several weeks, the Exchange has been working with the Financial
Regulatory Authority (``FINRA'') and The Options Clearing Corporation
(``OCC'') to secure the necessary approvals for NES to perform these
functions. The Exchange has now secured those approvals. The Exchange
seeks to complete this process and implement this proposal in January
or February.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \14\ in general, and furthers the objectives of Section
6(b)(5) of the Act \15\ in particular, in that it is designed to
promote just and equitable principles of trade, 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, because the proposed rule change will allow the Exchange to
continue to receive inbound orders from an affiliate (NES rather than
NOS), acting in its capacity as a facility of PHLX and BX, in a manner
consistent with prior approvals and established protections. The
Exchange believes that these conditions establish mechanisms that
protect the independence of the Exchange's regulatory responsibility
with respect to NES, as well as ensure that NES cannot use any
information it may have because of its affiliation with the Exchange to
its advantage.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Receiving orders through NES
rather than NOS does not raise any issues of intra-market competition
because it involves inbound routing from an affiliated exchange. Nor
does it result in a burden on competition among exchanges, because
there are many competing options exchanges that provide routing
services, including through an affiliate.

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

    No written comments were either solicited or received.

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

    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)(ii) of the Act \16\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\17\
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    \16\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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.
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    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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2014-008 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2014-008. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2014-008 and should
be submitted on or before February 24, 2014

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-02134 Filed 1-31-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 139 (Thursday, July 21, 2022)]
[Proposed Rules]
[Pages 43462-43464]
[FR Doc No: 2022-15559]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0886; Project Identifier MCAI-2022-00261-T]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier, Inc., Model BD-700-2A12 airplanes. This
proposed AD was prompted by reports of insufficient clearance between
the surrounding structure/skin of the aircraft and select bleed air
ducts that supply the wing ice protection system (WIPS) in the rear
fuselage. This proposed AD would require inspecting the bleed air duct
and surrounding structure for minimum clearance and damage, and
applicable corrective actions. The FAA is proposing this AD to address
the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September
6, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Bombardier
Business Aircraft Customer Response Center, 400 C[ocirc]te-Vertu Road
West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>;
email [email protected]; internet https://www.bombardier.com.
You may view this service information 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>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0886; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Elizabeth Dowling, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0886; Project Identifier
MCAI-2022-00261-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Elizabeth Dowling, Aerospace Engineer, Mechanical Systems and
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected]. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2022-05, dated February 24,
2022 (TCCA AD CF-2022-05) (also referred to after this as the MCAI), to
correct an unsafe condition for certain Bombardier, Inc., Model BD-700-
2A12 airplanes. You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0886.
    This proposed AD was prompted by reports of insufficient clearance
between the surrounding structure/skin of the aircraft and select bleed
air ducts that supply the WIPS in the rear fuselage.

The FAA is proposing this AD to address possible interference between
the high pressure (HP) shroud and the surrounding structures, which
could compromise the HP ducting shroud's capability to provide bleed
air leak routing and result in a bleed air leak being undetected. A
significant undetected bleed air leak could expose the surrounding
structure to heat stress, resulting in reduced structural integrity of
the airplane. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 700-36-7502, dated October
28, 2020. This service information describes procedures for inspecting
the bleed air duct and surrounding structure for minimum clearance and
damage, and corrective actions, Corrective actions include adjusting
the ductwork if clearance is below the minimum required, and repairing
any damage.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

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

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 8 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hours x $85 per hour = $85............................              $1              $86             $688
----------------------------------------------------------------------------------------------------------------

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
Up to 22 work-hours x $85 per hour =                $0           $1,870
 $1,870...............................
------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

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

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Bombardier, Inc.: Docket No. FAA-2022-0886; Project Identifier MCAI-
2022-00261-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by September 6, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-2A12
airplanes, certificated in any category, serial numbers 70006,
70007, 70009 through 70019 inclusive, 70021 through 70029 inclusive,
and 70031.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by reports of insufficient clearance
between the surrounding structure/skin of the aircraft and select
bleed air ducts that supply the wing ice protection system (WIPS) in
the rear fuselage. The FAA is issuing this AD to address possible
interference between the high pressure (HP) shroud and the
surrounding structures, which could compromise the HP ducting
shroud's capability to provide bleed air leak routing and result in
a bleed air leak being undetected. A significant undetected bleed
air leak could expose the surrounding structure to heat stress,
resulting in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Required Actions

    Within 21 months after the effective date of this AD: Inspect
the affected bleed air ducts and surrounding structure for minimum
clearance and damage (wear or chafing), and do all applicable
corrective actions in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin (SB) 700-36-7502,
October 28, 2020. Do all applicable corrective actions before
further flight.

(h) No Reporting Requirement

    Although Bombardier Service Bulletin (SB) 700-36-7502, October
28, 2020, specifies to submit certain information to the
manufacturer, this AD does not include that requirement.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO 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 manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>. 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, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) TCCA AD CF-2022-05, dated February 24, 2022, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2022-0886.
    (2) For more information about this AD, contact Elizabeth
Dowling, Aerospace Engineer, Mechanical Systems and Administrative
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].
    (3) For service information identified in this AD, contact
Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email [email protected]; internet
https://www.bombardier.com. You may view this service information 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>.

    Issued on July 15, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-15559 Filed 7-20-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 60 (Wednesday, March 28, 2012)]
[Rules and Regulations]
[Page 18709]
[FR Doc No: 2012-7487]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2010-0873; FRL-9653-3]
RIN 2060-AH23

Quality Assurance Requirements for Continuous Opacity Monitoring
Systems at Stationary Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: The EPA published a direct final rule titled ``Quality
Assurance Requirements for Continuous Opacity Monitoring Systems at
Stationary Sources'' in the Federal Register on February 14, 2012.
Because we received adverse comments to the parallel proposed rule
issued under the same name on February 14, 2012, we are withdrawing the
direct final rule.

DATES: As of March 28, 2012, the EPA withdraws the direct final rule
published on February 14, 2012 (77 FR 8160).

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2010-0873. All documents in the docket are
listed on the http://wwww.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
www.regulations.gov or in hard copy at the Procedure 3--Quality
Assurance Requirements for Continuous Opacity Monitoring Systems at
Stationary Sources Docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The Docket Facility and Public
Reading Room are open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Air
Docket is<PHONE_NUMBER>, and the telephone number for the Public
Reading Room is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ms. Lula H. Melton, U.S. EPA, Office
of Air Quality Planning and Standards, Air Quality Assessment Division,
Measurement Technology Group (Mail Code: E143-02), Research Triangle
Park, NC 27711; telephone number:<PHONE_NUMBER>; fax number: (919)
541-0516; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The EPA issued ``Quality Assurance
Requirements for Continuous Opacity Monitoring Systems at Stationary
Sources'' as a direct final rule in the Federal Register on February
14, 2012 (77 FR 8160). The EPA issued a parallel proposed rule under
the same name on February 14, 2012 (77 FR 8209). We stated in the
direct final rule that if we received adverse comments to the parallel
proposed rule, we would publish a timely notice of withdrawal of the
direct final rule in the Federal Register. We received adverse comments
on the proposed rule and are consequently withdrawing the ``Quality
Assurance Requirements for Continuous Opacity Monitoring Systems at
Stationary Sources'' published as a direct final rule in the Federal
Register on February 14, 2012.

    Dated: March 21, 2012.
Gina McCarthy,
Assistant Administrator.
[FR Doc. 2012-7487 Filed 3-27-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 24, 2008 (Volume 73, Number 80)]
[Notices]
[Page 22184-22185]
[DOCID:fr24ap08-86]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57686; File No. SR-CBOE-2008-47]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend Certain Maker Fees Applicable to DPMs on the CBOE
Stock Exchange

April 18, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 18, 2008, the Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') 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 substantially
prepared by the Exchange. The Exchange has designated this proposal as
one establishing a due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders it effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its CBOE Stock Exchange (``CBSX'')
Fees Schedule. The text of the proposed rule change is available on the
Exchange's Web site (http://www.cboe.org/legal), at the Exchange's
principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The CBSX Fees Schedule lists the fees applicable to trading on
CBSX. Those fees include transaction fees, which are based on whether
the executing member is ``taking'' liquidity or ``making'' liquidity in
connection with the transaction. CBOE recently raised the taker
transaction fee for intermarket sweep orders (``ISOs'') and immediate
or cancel orders (``IOC orders'') that execute on CBSX to $0.0030 per
share.\5\ The taker transaction fee for other order types remains
unchanged at $0.0029 per share. However, the maker rebate for
Designated Primary Market-Makers

(``DPMs'') that meet the Liquidity Provider Guidelines (``LPGs'')
provided for in the CBSX Fees Schedule is pegged to the taker fee
amount on each trade. When CBOE raised the fee for ISO and IOC order
executions to $0.0030 per share, it did not intend to increase the DPM
rebate for those orders to $0.0030 per share. This filing establishes
that the rebate for DPMs that meet the LPGs is $0.0029 per share.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 57679 (April 17,
2008) (SR-CBOE-2008-45).
---------------------------------------------------------------------------

    The proposed changes take effect on Friday, April 18, 2008.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \6\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \7\ in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges among Exchange members and other persons using
its facilities.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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

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

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

    Because the foregoing proposed rule change establishes or changes a
due, fee, or other charge imposed by the Exchange, it has become
effective upon filing pursuant to Section 19(b)(3)(A) of the Act \8\
and Rule 19b-4(f)(2) thereunder.\9\ At any time within 60 days of the
filing of the proposed rule change, the Commission may summarily
abrogate such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-CBOE-2008-47 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-CBOE-2008-47. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2008-47 and should be
submitted on or before May 15, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-8926 Filed 4-23-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62505-62508]
[FR Doc No: 2018-26249]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 390

[Docket No. FMCSA-2012-0103]
RIN 2126-AC22

Lease and Interchange of Vehicles; Motor Carriers of Passengers;
Extension of Compliance Date

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule; extension of compliance date.

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SUMMARY: FMCSA extends the compliance date of the May 27, 2015, final
rule titled ``Lease and Interchange of Vehicles; Motor Carriers of
Passengers,'' from January 1, 2019, to January 1, 2021. The final rule
received 37 petitions for reconsideration. To address the concerns in
the petitions, FMCSA initiated a new notice of proposed rulemaking
(NPRM) that also included a proposal to extend the compliance date of
the 2015 final rule from January 1, 2019, to January 1, 2021. This
extension of the compliance date is necessary to provide time to
consider all the issues raised in comments to the NPRM and to publish a
final rule, while giving motor carriers sufficient time to comply with
the revised requirements.

DATES:
    Effective date: December 4, 2018 until January 1, 2021.
    Compliance date: As of December 4, 2018, the compliance date for
the requirements in subpart F of 49 CFR part 390 (Sec. Sec.  390.300T,
390.301, 390.303, and 390.305) is extended until January 1, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Loretta Bitner,<PHONE_NUMBER>,
[email protected], Office of Enforcement and Compliance. FMCSA
office hours are from 9 a.m. to 5 p.m., Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Background

A. History

    On May 27, 2015, FMCSA published a final rule titled ``Lease and
Interchange of Vehicles; Motor Carriers of Passengers'' (80 FR 30164).
The American Bus Association (ABA) and United Motorcoach Association
(UMA) filed a joint request for an extension of the June 26, 2015,
deadline to submit petitions for reconsideration of the final rule (80
FR 37553). On July 1, 2015, the Agency extended the deadline for such
petitions until August 25, 2015 (80 FR 37553).
    The Agency received 37 petitions for reconsideration, all of which
were filed in the public docket referenced above. After the initial
review of the petitions, FMCSA held a meeting on October 28, 2015, with
a cross section of the petitioners. Attending were representatives from
small and large bus companies, charter and regular-route operations,
and diverse geographic areas of the nation. Additionally, two insurance
company representatives were invited due to litigation and financial
liability concerns. The purpose of the meeting was to have an open
discussion and to gather additional details about petitioners' specific
operations and concerns.
    Based on these discussions, and after further analysis, FMCSA
concluded that some aspects of the petitions for reconsideration have
merit. The Agency therefore extended the compliance date to January 1,
2018, to allay stakeholder concerns that there would not be sufficient
time to adjust passenger carrier operations before compliance with the
regulations was required (81 FR 13998, March 16, 2016). After further
review of the petitions, the Agency announced on August 31, 2016, that
it intended to consider changes to four aspects of the 2015 final rule,
but it also denied requests to reconsider other issues raised by
petitioners (81 FR 59951). The August 31 document announced that a
public roundtable would be held to discuss the four issues. The
roundtable was held on October 31, 2016.
    On June 16, 2017, FMCSA published a final rule (2017 final rule)
and a proposal in the Federal Register (82 FR 27766, and 27768). The
2017 final rule extended the compliance date of the 2015 final rule
from January 1, 2018, to January 1, 2019. The proposal provided
information about FMCSA's planned revisions to the 2015 final rule and
requested public comment on those revisions.

B. Related Activity

    To address the concerns in the petitions, FMCSA published an NPRM
on September 20, 2018 (83 FR 47764). This NPRM (RIN 2126-AC07) proposed
to extend the compliance date of the 2015 final rule from January 1,
2019, to January 1, 2021. It also included proposed revisions to the
2015 final rule and requested public comment by November 19, 2018.
    In October 2018, several passenger carriers petitioned FMCSA to
extend the compliance date immediately in accordance with the Agency's
prior commitments and provide sufficient time to finalize the NPRM, to
avoid an uncertain operating environment, confusion, and disruption in
industry operations. ABA wrote that the outcome of an uncertain
business environment is entirely avoidable. The Agency should take the
same action it has taken on two prior occasions, and simply publish a
final rule to extend the compliance date of the current rule. ABA
argued that extending the compliance date would not affect safety, as
the current rule has never been in force; nor would an extension
interfere with the rulemaking process to finalize revisions to the
current rule. Further, the Agency has committed to extending the
compliance date on several occasions for the stated purpose of allowing
sufficient time to complete revisions to the current rule.

C. Comments Received

    FMCSA received 15 comments supporting the extension of the
compliance date of the 2015 final rule to January 1, 2021. The
extension is necessary to provide time to consider all the issues and
to publish a final rule, while giving motor carriers sufficient time to
comply with the revised requirements. FMCSA therefore extends the 2019
compliance date until January 1, 2021.

D. Extending the Compliance Date

    The Agency is extending the compliance date by 2 years, to January
1, 2021. The temporary section added to subpart F of 49 CFR part 390
when a previous extension of the compliance date was issued, is being
updated to include the new compliance date. The temporary section
continues to be in

effect only from December 4, 2018 through January 1, 2021.

II. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures

    FMCSA performed an analysis of the impacts of this final rule and
determined it is not a significant regulatory action under section 3(f)
of E.O. 12866 (58 FR 51735, October 4, 1993), Regulatory Planning and
Review, as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011),
Improving Regulation and Regulatory Review. Accordingly, the Office of
Management and Budget (OMB) has not reviewed it under that Order. It is
also not significant within the meaning of DOT regulatory policies and
procedures (DOT Order 2100.5 dated May 22, 1980; 44 FR 11034 (February
26, 1979)). This final rule provides regulatory relief from January 1,
2019, through December 31, 2020, from all compliance costs associated
with the 2015 final rule. The Agency's estimates of the cost of the
2015 final rule are thoroughly explained in that rule's Regulatory
Evaluation (available in docket FMCSA-2012-0103) and were updated to
reflect more recently available data for the NPRM. The analysis of
today's final rule utilizes the same data and methodology as the NPRM.
    To estimate the costs that will result from the final rule, the
Agency calculated the total compliance costs from 2019 through 2028,
albeit with no costs incurred in years 2019 and 2020. These costs are
compared to a baseline in which the compliance costs of the 2015 final
rule are incurred beginning in 2019, as shown in Table 1.

                                                          Table 1--Total Cost of the Final Rule
                                                                 [In thousands of 2016$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                3% discount rate                                      7% discount rate
                                             -----------------------------------------------------------------------------------------------------------
                                                                                Final rule costs                                      Final rule costs
                    Year                          No-action        Final rule     relative to no-       No-action        Final rule     relative to no-
                                                baseline costs        costs       action baseline     baseline costs        costs       action baseline
                                                                                costs                                                 costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
2019........................................            $33,773              $0          ($33,773)            $32,510              $0          ($32,510)
2020........................................              6,083               0            (6,083)              5,636               0            (5,636)
2021........................................              5,956          32,376             26,421              5,312          28,879             23,567
2022........................................              5,831           5,831                  0              5,007           5,007                  0
2023........................................              5,709           5,709                  0              4,719           4,719                  0
2024........................................              5,590           5,590                  0              4,448           4,448                  0
2025........................................              5,473           5,473                  0              4,192           4,192                  0
2026........................................              5,359           5,359                  0              3,951           3,951                  0
2027........................................              5,247           5,247                  0              3,724           3,724                  0
2028........................................              5,137           5,137                  0              3,510           3,510                  0
                                             -----------------------------------------------------------------------------------------------------------
    10-Year Total...........................             84,158          70,723           (13,435)             73,009          58,429           (14,580)
                                             -----------------------------------------------------------------------------------------------------------
    Annualized..............................              9,866           8,291            (1,575)             10,395           8,319            (2,076)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The Agency estimates that the final rule will result in a cost
savings of $13.4 million discounted at 3 percent and $14.6 million
discounted at 7 percent over the 10-year analysis period. Expressed on
an annualized basis, this equates to a cost savings of $1.6 million at
a 3 percent discount rate and $2.1 million at a 7 percent discount
rate. All values are in 2016 dollars.

B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs)

    This rule is an E.O. 13771 deregulatory action.\1\ The present
value of the cost savings of this rule, measured on an infinite horizon
at a 7 percent discount rate, is approximately $11.9 million. Expressed
on an annualized basis, the cost savings are $0.8 million. These values
are expressed in 2016 dollars.
---------------------------------------------------------------------------

    \1\ Executive Office of the President. Executive Order 13771 of
January 30, 2017. ``Reducing Regulation and Controlling Regulatory
Costs.'' 82 FR 9339-9341. February 3, 2017.
---------------------------------------------------------------------------

C. Regulatory Flexibility Act

    Section 603 of the Regulatory Flexibility Act (RFA), as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L.
104-121, 110 Stat. 857, March 29, 1996) and the Small Business Jobs Act
of 2010 (Pub. L. 111-240, September 27, 2010), requires FMCSA to
perform a detailed analysis of the potential impact of the final rule
on small entities. Accordingly, DOT policy requires that agencies shall
strive to lessen any adverse effects on these businesses and other
entities. The Final Regulatory Flexibility Analysis conducted as part
of the May 27, 2015, rule continues to be applicable to this final
rule.

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this rule so that they can better evaluate its effects
on themselves. If the rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please consult the
FMCSA point of contact, Loretta Bitner, listed in the FOR FURTHER
INFORMATION CONTACT section of this rule.
    Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the SBA's 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 FMCSA, call 1-888-REG-FAIR (1-888-
734-3247). DOT has a policy ensuring the rights of small entities to
regulatory enforcement fairness and an explicit policy against
retaliation for exercising these rights.

E. Federalism (E.O. 13132)

    A rule has federalism implications if it has a substantial direct
effect on State or local governments and would either preempt State law
or impose a substantial direct cost of compliance on the States. FMCSA
analyzed this rule under E.O. 13132 and has determined that it has no
federalism implications.

F. Unfunded Mandates Reform Act of 1995

    This final rule does not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et
seq.), that would result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $161
million (which is the value of $100 million in 2017 after adjusting for
inflation) or more in any 1 year.

G. E.O. 12988 (Civil Justice Reform)

    This final rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

H. E.O. 13045 (Protection of Children)

    FMCSA analyzed this action under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. The Agency has
determined that this rule does not create an environmental risk to
health or safety that would disproportionately affect children.

I. E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it would not effect a taking of
private property or otherwise have taking implications.

J. Privacy Impact Assessment

    Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447,
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to
conduct a privacy impact assessment (PIA) of a regulation that will
affect the privacy of individuals. This final rule does not require the
collection of any personally identifiable information.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency which receives records contained in a system
of records from a Federal agency for use in a matching program. FMCSA
has determined this final rule does not result in a new or revised
Privacy Act System of Records for FMCSA.

K. E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
program.

L. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from the OMB for each
collection of information they conduct, sponsor, or require through
regulations. On August 5, 2015, OMB approved the May 27, 2015, final
rule's two information collections titled ``Commercial Motor Vehicle
Marking Requirements,'' OMB No. 2126-0054, and ``Lease and Interchange
of Motor Vehicles,'' OMB No. 2126-0056. OMB renewed these collections
of information in October 2018, and they will both expire on October
31, 2021.

M. Environment (NEPA)

    FMCSA analyzed this final rule in accordance with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). The
Agency has determined under its environmental procedures Order 5610.1,
published March 1, 2004, in the Federal Register (69 FR 9680), that
this action is categorically excluded from further environmental
documentation under Appendix 2, Paragraphs 6.y(2) and 6.y(7) of the
Order (69 FR 9702). These categorical exclusions relate to:
     6.y(2) Regulations implementing motor carrier
identification and registration reports; and
     6.y(7) Regulations implementing prohibitions on motor
carriers, agents, officers, representatives, and employees from making
fraudulent or intentionally false statements on any application,
certificate, report, or record required by FMCSA.
    Thus, this final action does not require an environmental
assessment or an environmental impact statement.

N. E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that it is not a
``significant energy action'' under that Executive Order because it is
not economically significant and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.

O. E.O. 13175 (Indian Tribal Governments)

    This rule does not have tribal implications under E.O. 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.

P. National Technology Transfer and Advancement Act (Technical
Standards)

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) are standards that are developed or
adopted by voluntary consensus standards bodies. This rule does not use
technical standards. Therefore, FMCSA did not consider the use of
voluntary consensus standards.

List of Subjects in 49 CFR Part 390

    Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.

The Final Rule

    For the reasons stated in the preamble, FMCSA amends 49 CFR part
390 in title 49, Code of Federal Regulations, chapter III, subchapter
B, as follows:

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
1. The authority citation for part 390 continues to read as follows:

    Authority: 49 U.S.C. 504, 508, 31132, 31133, 31134, 31136,
31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103-311, 108
Stat. 1673, 1677; secs. 212 and 217, Pub. L. 106-159, 113 Stat.
1748, 1766, 1767; sec. 229, Pub. L. 106-159 (as added and
transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L.
109-59, 119 Stat. 1144, 1726, 1743; sec. 4136, Pub. L. 109-59, 119
Stat. 1144, 1745; secs. 32101(d) and 32934, Pub. L. 112-141, 126
Stat. 405, 778, 830; sec. 2, Pub. L. 113-125, 128 Stat. 1388; secs.
5403, 5518, and 5524, Pub. L. 114-94, 129 Stat. 1312,

1548, 1558, 1560; sec. 2, Pub. L. 115-105, 131 Stat. 2263; and 49
CFR 1.81, 1.81a, 1.87.

0
2. Effective December 4, 2018 until January 1, 2021, revise Sec.
390.300T to read as follows:

Sec.  390.300T  Compliance date.

    Motor carriers of passengers operating CMVs under a lease or
interchange agreement are subject to Sec. Sec.  390.301, 390.303, and
390.305 of this subpart on January 1, 2021.
    Issued under the authority delegated in 49 CFR 1.87 on: November
23, 2018.

Raymond P. Martinez,
Administrator.
[FR Doc. 2018-26249 Filed 12-3-18; 8:45 am]
 BILLING CODE 4910-EX-P