[Federal Register: March 26, 2008 (Volume 73, Number 59)]
[Rules and Regulations]
[Page 15862-15866]
[DOCID:fr26mr08-2]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0340; Directorate Identifier 2008-CE-020-AD;
Amendment 39-15440; AD 2008-06-28]
RIN 2120-AA64

Airworthiness Directives; Avidyne Corporation Primary Flight
Displays (Part Numbers 700-00006-000, -001, -002, -003, and -100)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Avidyne Corporation (Avidyne) Primary Flight Displays (PFDs)
(Part Numbers (P/Ns) 700-00006-000, -001, -002, -003, and -100) that
are installed on airplanes. This AD requires a check of the maintenance
records and inspection of the PFD (if necessary) to determine if an
affected serial number PFD is installed. If an affected serial number
PFD is installed, this AD requires you to incorporate information that
limits operation when certain conditions for the PFD or backup
instruments exist. This AD results from several field reports of PFDs
displaying incorrect altitude and airspeed information. We are issuing
this AD to prevent certain conditions from existing when PFDs display
incorrect attitude, altitude, and airspeed information. This could
result in airspeed/altitude mismanagement or spatial disorientation of
the pilot with consequent loss of airplane control, inadequate traffic
separation, or controlled flight into terrain.

DATES: This AD becomes effective on April 10, 2008.
    We must receive any comments on this AD by May 27, 2008.

ADDRESSES: Use one of the following addresses to comment on this AD.
     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.
    To get the service information identified in this AD, contact
Avidyne Corporation, 55 Old Bedford Road, Lincoln, MA 01773; telephone:
(781) 402-7400; fax:<PHONE_NUMBER>.
    To view the comments to this AD, go to http://www.regulations.gov.
The docket number is FAA-2008-0340; Directorate Identifier 2008-CE-020-
AD.

FOR FURTHER INFORMATION CONTACT: Solomon Hecht, Aerospace Engineer,
Boston Aircraft Certification Office, 12 New England Executive Park,
Burlington, MA 01803; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We received several field reports of PFDs displaying incorrect
altitude and airspeed information. These occurrences included incorrect
display of information at system startup, including one or more of the
following:
     Altitude significantly in error when compared to field
elevation with local barometric correction setting entered on PFD.
     Altitude significantly in error when compared to backup
altimeter with identical barometric correction settings.
     Non-zero airspeed (inconsistent with high winds or
propwash from a nearby airplane) indicated at system startup.
     Altitude or airspeed indications that vary noticeably
after startup under static conditions.
     Erroneous airspeed indications in combination with
erroneous attitude indications.
     A steady or intermittent ``red X'' in place of the
airspeed indicator, altimeter, vertical speed indicator, or attitude
indicator.
    The conditions described above occur because of a manufacturing
process

defect on a certain batch of PFD serial numbers during incorporation of
a design improvement on the air data unit assembly. The root cause of
this manufacturing process defect is still being analyzed.
    This condition, if not corrected, could result in airspeed/altitude
mismanagement or spatial disorientation of the pilot and consequent
loss of airplane control, inadequate traffic separation, or controlled
flight into terrain.

FAA's Determination and Requirements of This AD

    We are issuing this AD because we evaluated all the information and
determined the unsafe condition described previously is likely to exist
or develop on type design airplanes that incorporate one of the
affected PFDs. This AD requires a check of the maintenance records and
inspection of the PFD (if necessary) to determine if an affected serial
number PFD is installed. If an affected serial number PFD is installed,
this AD requires you to incorporate information that limits operation
when certain conditions for the PFD or backup instruments exist.
    This is considered interim action. Avidyne is working on a process
to rework and/or modify the affected PFD units. The FAA will consider
taking additional rulemaking action to supersede this AD and terminate
the above limitations when Avidyne completes the process development,
and the FAA approves it as addressing the unsafe condition.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because PFDs
that display incorrect attitude, altitude, and airspeed information
could result in airspeed/altitude mismanagement or spatial
disorientation of the pilot with consequent loss of airplane control,
inadequate traffic separation, or controlled flight into terrain.
Therefore, we determined that notice and opportunity for public comment
before issuing this AD are impracticable and that good cause exists for
making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and an opportunity for
public comment. We invite you to send any written relevant data, views,
or arguments regarding this AD. Send your comments to an address listed
under the ADDRESSES section. Include the docket number ``FAA-2008-0340;
Directorate Identifier 2008-CE-020-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD. We will consider
all comments received by the closing date and may amend the AD in light
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 concerning 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

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the AD, the regulatory
evaluation, any comments received, and other information 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 Docket Office (telephone<PHONE_NUMBER>)
is located at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 airworthiness
directive (AD):

2008-06-28 Avidyne Corporation: Amendment 39-15440; Docket No. FAA-
2008-0340; Directorate Identifier 2008-CE-020-AD.

Effective Date

    (a) This AD becomes effective on April 10, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Avidyne Corporation (Avidyne) Primary
Flight Displays (PFDs) (Part Numbers (P/Ns) 700-00006-000, 700-
00006-001, 700-00006-002, 700-00006-003, and 700-00006-100) that are
installed on, but not limited to the following airplanes that are
certificated in any category:
    (1) Adam Aircraft Model A500;
    (2) Cessna Aircraft Company Model 441 (STEC Alliant Supplemental
Type Certificate (STC) No. SA09547AC-D incorporated);
    (3) Cessna Aircraft Company Models LC42-550FG and LC41-550FG
(Columbia Aircraft Manufacturing and The Lancair Company previously
held the type certificate for these airplanes);
    (4) Cirrus Design Corporation Models SR20 and SR22;

    (5) Diamond Aircraft Industries GmbH Model DA 40;
    (6) Hawker Beechcraft Corporation Model E90 (STEC Alliant STC
No. SA09545AC-D incorporated);
    (7) Hawker Beechcraft Corporation Model 200 series (STEC Alliant
STC No. SA09543AC-D incorporated); and
    (8) Piper Aircraft, Inc. Models PA-28-161, PA-28-181, PA-28R-
201, PA-32R-301 (HP), PA-32R-301T, PA-32-301FT, PA-32-301XTC, PA-34-
220T, PA-44-180, PA-46-350P, PA-46R-350T, and PA-46-500TP.

Unsafe Condition

    (d) This AD is the result of several field reports of PFDs
displaying incorrect altitude and airspeed information. We are
issuing this AD to prevent certain conditions from existing when
PFDs display incorrect attitude, altitude, and airspeed information.
This could result in airspeed/altitude mismanagement or spatial
disorientation of the pilot with consequent loss of airplane
control, inadequate traffic separation, or controlled flight into
terrain.

Compliance

    (e) To address this problem, you must do the following, unless
already done:

              Table 1.--Actions, Compliance, and Procedures
------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Do a logbook check of     Within 15 days after  The owner/operator
 maintenance records to        April 10, 2008 (the   holding at least a
 determine if any PFD (P/Ns    effective date of     private pilot
 700-00006-000, 700-00006-     this AD).             certificate as
 001, 700-00006-002, 700-                            authorized by
 00006-003, or 700-00006-                            section 43.7 of the
 100) with any affected                              Federal Aviation
 serial number listed in                             Regulations (14 CFR
 TABLE 2--Serial Numbers of                          43.7) may do the
 Affected PFDs is installed.                         logbook check. Make
(i) If, as a result of this                          an entry into the
 check, you find any PFD                             aircraft logbook
 installed with an affected                          showing compliance
 serial number, do the                               with this portion
 action required by                                  of the AD in
 paragraph (e)(3)(i) or                              accordance with
 (e)(3)(ii) of this AD..                             section 43.9 of the
(ii) If, as a result of this                         Federal Aviation
 check, you cannot                                   Regulations (14 CFR
 positively identify the                             43.9).
 serial number of the PFD,
 do the inspection required
 in paragraph (e)(2) of this
 AD..
(iii) If, as a result of
 this check, you positively
 identify that the PFD
 installed does not have a
 serial number affected by
 this AD, then no further
 action is required..
(2) If you find, as a result  Within 15 days after  Not Applicable.
 of the check required by      April 10, 2008 (the
 paragraph (e)(1) of this AD   effective date of
 you cannot positively         this AD).
 identify the serial number
 of the PFD, inspect any PFD
 (P/Ns 700-00006-000, 700-
 00006-001, 700-00006-002,
 700-00006-003, or 700-00006-
 100) for any affected
 serial number listed in
 TABLE 2 --Serial Numbers of
 Affected PFDs. You may do
 the requirement of
 paragraph (e)(3) of this AD
 instead of this inspection.
(3) If you find, as a result  Within 15 days after  The owner/operator
 of the check required by      April 10, 2008 (the   holding at least a
 paragraph (e)(1) of this AD   effective date of     private pilot
 or the inspection required    this AD).             certificate as
 by paragraph (e)(2) of this                         authorized by
 AD, any PFD installed with                          section 43.7 of the
 an affected serial number,                          Federal Aviation
 do whichever of the                                 Regulations (14 CFR
 following applies:                                  43.7) may insert
(i) For airplanes with an                            the information
 airplane flight manual                              into the AFM, POH,
 (AFM), pilots operating                             AFMS, or
 handbook (POH), or airplane                         maintenance records
 flight manual supplement                            as required in
 (AFMS), incorporate the                             paragraph (e)(3)(i)
 language in the Appendix of                         or (e)(3)(ii)(A) of
 this AD into the                                    this AD and/or
 Limitations section.                                fabricate the
(ii) For airplanes without                           placard required in
 an AFM, POH, or AFMS, do                            paragraph
 the following:.                                     (e)(3)(ii)(B) of
(A) Incorporate the language                         this AD. Make an
 in the Appendix of this AD                          entry into the
 into your aircraft records;                         aircraft records
 and.                                                showing compliance
(B) fabricate a placard                              with these portions
 (using at least \1/8\-inch                          of the AD in
 letters) with the following                         accordance with
 words and install the                               section 43.9 of the
 placard on the instrument                           Federal Aviation
 panel within the pilot's                            Regulations (14 CFR
 clear view: ``AD 2008-06-28                         43.9).
 CONTAINS LIMITATIONS
 REGARDING AVIDYNE PRIMARY
 FLIGHT DISPLAYS (PFD) AND
 REQUIRED INCORPORATION OF
 THESE LIMITATIONS INTO THE
 AIRCRAFT RECORDS. YOU MUST
 FOLLOW THESE LIMITATIONS.''.

(4) Do not install any PFD    As of the effective   Not Applicable.
 (P/Ns 700-00006-000, 700-     date of this AD.
 00006-001, 700-00006-002,
 700-00006-003, or 700-00006-
 100) with any affected
 serial number listed in
 TABLE 2--Serial Numbers of
 Affected PFDs.
------------------------------------------------------------------------

    Note 1: If you have an AFM, POH, or AFMS, you may fabricate and
install a placard as described in paragraph (e)(3)(ii) of this AD in
addition to, but not instead of, the Limitations section requirement
of paragraph (e)(3)(i) of this AD.

    Note 2: Avidyne Service Alert No. SA-08-001, dated February 12,
2008, pertains to the subject matter of this AD. The service
information cautions that all pilots should be vigilant in
conducting proper preflight and in-flight checks of instrument
accuracy.

                Table 2.--Serial Numbers of Affected PFDs
                             [AD 2008-06-28]
------------------------------------------------------------------------

-------------------------------------------------------------------------
D1023, D1031, D1037, D1069, D1075, D1080, D1084, D1090, D1101, D1102,
 D1106, D1112, D1115, D1136, D1138, D1141, D1144, D1158, D1170, D1172,
 D1174, D1178, D1188, D1197, D1199, D1212, D1234, D1240, D1249, D1253,
 D1254, D1256, D1259, D1260, D1262, D1270, D1272, D1277, D1283, D1288,
 D1313, D1319, D1327, D1351, D1364, D1380, D1387, D1391, D1396, D1405,
 D1412, D1428, D1433, D1434, D1435, F0006, F0011, F0021, F0030, F0031,
 F0032, F0035, 20002067, 20003147, 20003296, 20003316, 20004297,
 20005316, 20005487, 20008167, 20008227, 20008255, 20009297, 20009476,
 20010177, 20010255, 20011396, 20011456, 20012337, 20012506, 20013406,
 20014027, 20014227, 20015357, 20017286, 20018317, 20018425, 20018486,
 20019067, 20019297, 20020297, 20021067, 20021197, 20022177, 20022207,
 20022217, 20022286, 20022287, 20022296, 20023197, 20023377, 20024196,
 20024217, 20024297, 20024397, 20024407, 20024425, 20025067, 20025177,
 20025217, 20025317, 20026067, 20026197, 20026207, 20026265, 20026377,
 20026407, 20026506, 20027177, 20027226, 20027317, 20027377, 20028177,
 20028337, 20029177, 20029197, 20029246, 20029265, 20029506, 0030197,
 20030237, 20031207, 20031217, 20031406, 20031407, 20031516, 20032067,
 20032265, 20032337, 20032516, 20033337, 20034207, 20034327, 20035177,
 20036197, 20036237, 20036397, 20037265, 20037285, 20038127, 20038197,
 20038337, 20039177, 20040127, 20040177, 20040197, 20040265, 20040317,
 20041177, 20042197, 20042265, 20042317, 20042337, 20043197, 20043215,
 20043237, 20043247, 20044226, 20044237, 20044285, 20045215, 20045265,
 20045437, 20046215, 20047127, 20047147, 20047197, 20048197, 20048215,
 20048247, 20049147, 20049357, 20050147, 20050287, 20050346, 20050434,
 20051215, 20052215, 20053247, 20053257, 20053357, 20054247, 20054257,
 20054357, 20055087, 20056247, 20056257, 20057237, 20057346, 20058346,
 20061087, 20061247, 20062087, 20062247, 20063087, 20064087, 20064147,
 20064226, 20064337, 20066147, 20067087, 20068147, 20068337, 20069087,
 20071237, 20072087, 20073087, 20073346, 20073506, 20074207, 20075087,
 20075147, 20075207, 20076217, 20076257, 20077087, 20077506, 20078087,
 20078217, 20078257, 20078346, 20078496, 20084257, 20085396, 20087257,
 20089257, 20089346, 20090346, 20092297, 20093247, 20094107, 20094416,
 20097137, 20098037, 20099107, 20099346, 20099416, 20101416, 20102417,
 20103396, 20104246, 20106224, 20111224, 20112224, 20114416, 20115346,
 20116346, 20118416, 20123416, 20124456, 20126416, 20129346, 20135337,
 20139336, 20140336, 20142037, 20142296, 20146037, 20147336, 20153037,
 20158097, 20161097, 20164097, 20165097, 20166097, 20170097, 20170175,
 20172175, 20177175, 20202257, 20204175, 20209246, 20214175, 20216265,
 20217175, 20224175, 20224265, 20229265, 20232175, 20233175, 20236175,
 20236265, 20241175, 20243265, 20265355, 20272355, 20273355, 20278355,
 20281355, 20302384, 20308384, 20314384, 20317384, 20320305, 20321376,
 20330376, 20330384, 20343384, 20347305, 20348305, 20350305, 20356305,
 20359305, 20378475, 20380225, 20381225, 20382475, 20388225, 20402174,
 20403174, 20438345, 20440345, 20447425, 20452315, 20458315, 20462315,
 20467315, 20540094, 20550094, 20576445, 20580445, 20581445, 20582525,
 20584525, 20591525, 20595065, 20599065, 20605065, 20615116, 20618065,
 20638116, 20656284, 20732074, 20735176, 20739176, 20755493, 20814015,
 20815015, 20974365, 20978365, 20978434, 20986365, 20990434, 20998365,
 21002365, 21056395, 21060395, 21063184, 21063395, 21067184, 21070184,
 21075395, 21191045, 21200045, 21219045, 21294414, 21311414, 21315414,
 21324414, 21325414, 21330414, 21334414, 21340414, 21491056, 21493056,
 21596354, 21603435, 21604435, 21606435, 21608435, 21610435, 21614435,
 21646086, 21668086, 21812514, 21823514, 21826514, 21836304, 21839304,
 21852304, 22310186, 22378026, 22380026, 22398294, 22401294, 22405085,
 22412385, 22418026, 22418385, 22419026, 22470524, 22471524, 22472524,
 22479524, 22483524, 22486524, 22523204, 22525264, 22531204, 22559135,
 22568135, 22572135, 22578135, 22579135, 22586135, 22602135, 22603135,
 22608135, 22642493, 22647493, 22682076, 22908334, 22921334, 22961354,
 23166495, 23169495, 23173495, 23175495, 23182495, 23371455, 23378455,
 23443264, 23445264, 23448264, 23581244, 23602244, 23737136, 23738136,
 24021335, 24029335, 24231144, 24238144, 24248144, 24381324, 24478515,
 24735144, 24746144, 24750144, 24772085, 24773085, 24865155, 24867155,
 24870155, 24990084, 24991084, 24993084, 24996084, 25023034, 25027034,
 25522465, 25525465, 25530465, 25532465, 25538465, 25600465, 25618106,
 26287114, 26528095, 26547095, 26553095, 26569464, 26571095, 26572095,
 26584095, 26588464, 26592464, 27865034, 28478495, 28519495, 29019044,
 29023044, 29029044, 29031044, 29032044, 29512216, 29514216, and
 29522216.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Boston Aircraft Certification Office (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: Solomon Hecht, Aerospace Engineer, Boston ACO, 12 New England
Executive Park, Burlington, MA 01803; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>. Before using any approved AMOC on any airplane
to which the AMOC applies, notify your appropriate principal
inspector (PI) in the FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.

Additional Information

    (g) For the service alert referenced in this AD, contact Avidyne
Corporation, 55 Old Bedford Road, Lincoln, MA 01773; telephone:
(781) 402-7400; fax:<PHONE_NUMBER>.

Appendix to AD 2008-06-28 Limitations Regarding Avidyne Primary Flight
Displays (PFDs)

    Before conducting flight operations, pilots must review and be
familiar with the Crosscheck Monitor section of the Avidyne Primary
Flight Display Pilot's Guide and all limitations contained in the
aircraft operating handbook.
    As a normal practice, all pilots should be vigilant in
conducting proper preflight and

in-flight checks of instrument accuracy, including:
     Preflight check of the accuracy of both the primary and
backup altimeter against known airfield elevation and against each
other.
     Verification of airspeed indications consistent with
prevailing conditions at startup, during taxi, and prior to takeoff.
     ``Airspeed alive'' check and reasonable indications
during takeoff roll.
     Maintenance of current altimeter setting in both
primary and backup altimeters.
     Cross-check of primary and backup altimeters at each
change of altimeter setting and prior to entering instrument
meteorological conditions (IMC).
     Cross-check of primary and backup altimeters and
validation against other available data, such as glideslope
intercept altitude, prior to conducting any instrument approach.
     Periodic cross-checks of primary and backup airspeed
indicators, preferably in combination with altimeter cross-checks.
    For flight operations under instrument flight rules (IFR) or in
conditions in which visual reference to the horizon cannot be
reliably maintained (that is IMC, night operations, flight
operations over water, in haze or smoke) and the pilot has reasons
to suspect that any source (PFD or back-up instruments) of attitude,
airspeed, or altitude is not functioning properly, flight under IFR
or in these conditions must not be initiated (when condition is
determined on the ground) and further flight under IFR or in these
conditions is prohibited until equipment is serviced and functioning
properly.
    Operation of aircraft not equipped with operating backup (or
standby) attitude, altimeter, and airspeed indicators that are
located where they are readily visible to the pilot is prohibited.
    Pilots must frequently scan and crosscheck flight instruments to
make sure the information depicted on the PFD correlates and agrees
with the information depicted on the backup instruments.

    Issued in Kansas City, Missouri, on March 13, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.

[FR Doc. E8-5701 Filed 3-25-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Notices]
[Page 23458]
[FR Doc No: 2021-09398]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, May 6, 2021.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: April 29, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-09398 Filed 4-29-21; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Notices]
[Pages 56013-56014]
[FR Doc No: 2023-17696]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC23-117-000.
    Applicants: Heritage Power, LLC, J. Aron & Company LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of Heritage Power, LLC.
    Filed Date: 8/9/23.
    Accession Number: 20230809-5195.
    Comment Date: 5 p.m. ET 8/30/23.

    Docket Numbers: EC23-118-000.
    Applicants: Yellow Pine Solar, LLC, Yellow Pine Solar Interconnect,
LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Yellow Pine Solar, LLC, et al.
    Filed Date: 8/10/23.
    Accession Number: 20230810-5167.
    Comment Date: 5 p.m. ET 8/31/23.

    Docket Numbers: EC23-119-000.
    Applicants: Sojitz Corporation of America, AL Blueway Holdings,
LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Sojitz Corporation of America, et al.
    Filed Date: 8/11/23.
    Accession Number: 20230811-5110.
    Comment Date: 5 p.m. ET 9/25/23.

    Docket Numbers: EC23-120-000.
    Applicants: El Paso Electric Company, Vista Energy Center, LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of El Paso Electric Company.
    Filed Date: 8/11/23.
    Accession Number: 20230811-5130.
    Comment Date: 5 p.m. ET 9/1/23.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG23-253-000.
    Applicants: Mockingbird Solar Center, LLC.
    Description: Mockingbird Solar Center, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 8/11/23.
    Accession Number: 20230811-5099.
    Comment Date: 5 p.m. ET 9/1/23.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER22-2883-001.
    Applicants: Western Interconnect LLC.
    Description: Compliance filing: Supplement to Order No. 881
Compliance Filing (ER22-2883-) to be effective 7/12/2025.
    Filed Date: 8/11/23.
    Accession Number: 20230811-5023.
    Comment Date: 5 p.m. ET 9/1/23.

    Docket Numbers: ER23-2143-001.
    Applicants: Nevada Power Company.
    Description: Tariff Amendment: Supplemental Filing and Request for
Shortened Comment Period to be effective 7/1/2023.
    Filed Date: 8/11/23.
    Accession Number: 20230811-5041.
    Comment Date: 5 p.m. ET 8/21/23.

    Docket Numbers: ER23-2606-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Tariff Clean-Up for Evergy
Kansas Central--Eff. 20210401, 20230115 and 20230701 to be effective 4/
1/2021.
    Filed Date: 8/10/23.
    Accession Number: 20230810-5148.
    Comment Date: 5 p.m. ET 8/31/23.

    Docket Numbers: ER23-2607-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2023-08-11_SA 2194 ITC
Midwest-Elk Wind Energy 4th Rev GIA (H007 J443) to be effective 7/31/
2023.
    Filed Date: 8/11/23.
    Accession Number: 20230811-5025.
    Comment Date: 5 p.m. ET 9/1/23.

    Docket Numbers: ER23-2608-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 7023; Queue No. AF2-092 to be effective 7/12/2023.
    Filed Date: 8/11/23.
    Accession Number: 20230811-5035.
    Comment Date: 5 p.m. ET 9/1/23.

    Docket Numbers: ER23-2609-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2023-08-11_SA 4152 4153 NSP-
MRES FCA & FSA (Fergus MPFP) to be effective 10/11/2023.
    Filed Date: 8/11/23.
    Accession Number: 20230811-5036.
    Comment Date: 5 p.m. ET 9/1/23.

    Docket Numbers: ER23-2610-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA, SA
No. 6231; Queue No. AG2-392 to be effective 10/11/2023.
    Filed Date: 8/11/23.
    Accession Number: 20230811-5042.
    Comment Date: 5 p.m. ET 9/1/23.

    Docket Numbers: ER23-2611-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Notice of Termination of Service Agreement Nos. 535
and 537 with Renewable America, LLC of Pacific Gas and Electric
Company.
    Filed Date: 8/4/23.
    Accession Number: 20230804-5191.
    Comment Date: 5 p.m. ET 8/25/23.

    Docket Numbers: ER23-2612-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to Sch. 12--Appx A
and C--July 2023 RTEP, 30-Day Comment Period to be effective 11/9/2023.
    Filed Date: 8/11/23.
    Accession Number: 20230811-5083.
    Comment Date: 5 p.m. ET 9/1/23.

    Docket Numbers: ER23-2613-000.
    Applicants: NextEra Energy Marketing, LLC.
    Description: NextEra Energy Marketing, LLC, et al. submit 2022 WECC
Soft Price Cap Justification Filing.
    Filed Date: 8/8/23.
    Accession Number: 20230808-5138.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER23-2614-000.
    Applicants: Homer City Generation, L.P.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/12/2023.
    Filed Date: 8/11/23.
    Accession Number: 20230811-5109.
    Comment Date: 5 p.m. ET 9/1/23.

    Docket Numbers: ER23-2615-000.
    Applicants: West Penn Power Company, The Potomac Edison Company,
Monongahela Power Company.
    Description: Sec.  205(d) Rate Filing: West Penn Power Company
submits tariff filing per 35.13(a)(2)(iii: Allegheny Power submits
Pleasants Amended Interconnection & Operating Agreement to be effective
8/1/2023.
    Filed Date: 8/11/23.
    Accession Number: 20230811-5124.
    Comment Date: 5 p.m. ET 9/1/23.

    Docket Numbers: ER23-2616-000.
    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Amendment: Notice of Cancellation of WMPA, SA
No. 6055; Queue No. AG1-095 re: breach to be effective 10/11/2023.
    Filed Date: 8/11/23.
    Accession Number: 20230811-5127.
    Comment Date: 5 p.m. ET 9/1/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: August 11, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-17696 Filed 8-16-23; 8:45 am]
BILLING CODE 6717-01-P


                                                                                INFORMATION COLLECTION REQUEST (ICR)                         ENVIRONMENTAL PROTECTION AGENCY                          OFFICE OF AIR & RADIATION

A.	JUSTIFICATION

1.	Identification of the Information Collection

	1(a)	Title:  Reformulated Gasoline Commingling Provisions

		EPA Number:  2228.04

	1(b)	Short characterization:

	With this information collection request (ICR), the Office of Air and Radiation (OAR) is seeking permission to accept notifications from gasoline retailers and wholesale purchaser-consumers related to commingling of ethanol blended and non-ethanol-blended reformulated gasoline (RFG) under §1513 of the Energy Policy Act of 2005 (EPAct) and 40 CFR § 80.78(a)(8)(ii)(B); and to provide for a compliance option whereby a retailer or wholesale purchaser-consumer may demonstrate compliance via test results under  § 80.78(a)(8)(iii)(A). These provisions are designed to grant compliance flexibility.  Parties were first subject to this recordkeeping and reporting on June 1, 2006.  We are requesting that the Office of Management and Budget (OMB) approve the renewal of this ICR and that it remain in effect 3 years from the approval date.

	Section 1513 of the EPAct addresses the combining of ethanol-blended RFG with non-ethanol-blended RFG.  This provision amended the Clean Air Act (CAA) to add a new § 211(s) providing retail outlets two ten-day opportunities during a single VOC-control season to blend batches of ethanol-blended and non-ethanol- blended RFG.  Under this new section, retail outlets are allowed to sell non-ethanol-blended RFG which has been combined with ethanol blended RFG under certain conditions:

   oo First, each batch of gasoline to be blended must have been "individually certified as in compliance with subsections (h) and (k) [of CAA § 211] prior to being blended."

   oo Second, the retailer must notify EPA prior to combining the gasolines and identify the exact location of the retail outlet and specific tank in which the gasoline is to be combined.

   oo Third, the retailer must retain, and, upon request by EPA, make available for inspection, certifications accounting for all gasoline at the retail outlet.  (This information is normally kept in the normal course of business and we believe retaining it is a customary business practice (CBP).)

   oo Fourth, retailers are prohibited from combining VOC-controlled gasoline with non-VOC-controlled gasoline between June 1 and September 15.

	To provide assurance that gasoline is in compliance with the downstream VOC standard after the ten-day period, EPA issued a direct final rule that amended 40 CFR Part 80 to address commingling (71 FR 8973, February 22, 2006).  There are two options available for retailers and wholesale purchaser-consumers.  Under the first option, the retailer may add both ethanol-blended RFG and non-ethanol-blended RFG to the same tank an unlimited number of times during the ten-day period, but must test the gasoline in the tank at the end of the ten-day period to make sure that the RFG is in compliance with the VOC standard.  Under the second option, the retailer must draw the tank down as much as practicable at the start of the ten-day period, before RFG of another type is added to the tank, and add only RFG of one type to the tank during the ten-day period.  Because there is a recordkeeping requirement associated with retail station test results under the first option, we have also calculated an estimated burden for that activity.  We believe 5% or fewer of respondents will elect the testing option.

	Retailers are also limited in the frequency with which batches of non-ethanol RFG may be combined with ethanol RFG.  Retailers may combine such batches of RFG a maximum of two periods between May 1 and September 15. Each period may be no more than ten consecutive calendar days.

2.  Need For, and Use of, the Collection

	 1(a)	Authority for the Collection        	Sections 114 and 208 of the CAA, 42 U.S.C. §§ 7414 and 7542, authorize EPA to require recordkeeping and reporting regarding enforcement of the provisions of Title II of the CAA.  The relevant regulations are in 40 CFR Part 80, Regulation of Fuels and Fuel Additives. See §§ 80.78(a)(8)(ii)(B) and (iii)(A).   	 	2(b)	Practical Utility/Uses of the Data

	The recordkeeping and reporting requirements of this regulation will allow EPA to monitor compliance with the commingling requirements of CAA § 211(s), as added by § 1513 of the EPAct.

3.  Non-duplication, Consultation, and other Collection Criteria

	3(a) 	Non-duplication

	Efforts have been made to eliminate duplication in this information collection. Where possible, information requirements from various organizations within the Agency have been combined to minimize the submittal of duplicate information in different formats.  The information in this collection will not be available from another source.

	3(b)	Public Notice

	EPA sought comment on recordkeeping and reporting requirements via the Federal Register on April 3, 2013 (78 FR 20102).  EPA received no public comments

	3(c) 	Consultations

	EPA has made an asserted effort to seek industry comment for this ICR.  EPA contacted Mr. Lyle Beckwith of the Association for Convenience and Fuel Retailing and received no comment.  Contact number for Mr. Beckwith<PHONE_NUMBER>.

	3(d)	Effects of Less Frequent Data Collection

	We very likely have over-estimated the burden because we have used a conservative approach that assumes all parties may respond twice annually (i.e., we have assumed the maximum number of responses).  With regard to the testing option and retention of those records, we anticipate that 5% or fewer of respondents will be affected annually.  Less frequent collection of data would make it impossible to carry out the provisions of the CAA and EPAct.

	3(e)	General Guidelines

	This rule does not exceed any of the OMB guidelines.

	3(f) 	Confidentiality

	We inform respondents that they may assert claims of business confidentiality (CBI) for any or all of the information they submit. We do not believe that most respondents would characterize the information they submit to us under this information collection as CBI.  Because of this, we are permitting reporting via e-mail.  However, any information claimed as confidential will be treated in accordance with 40 CFR Part 2 and established Agency procedures.  Information that is received without a claim of confidentiality may be made available to the public without further notice to the submitter under 40 CFR § 2.203.

      3(g)	Sensitive Information 	 	This information collection does not require submission of any sensitive information.

4.	The Respondents and the Information Requested

	4(a)	Respondents with NAICS/SIC Codes

	The respondents to this information collection are:

   *             Retailers (including wholesale purchaser-consumers)

	Recordkeeping and reporting may be required by the following industries, with 2002 NAICS Code indicated in parentheses:

   *             Gasoline stations (447)    *             Gasoline stations with convenience stores (447110)    *             Gasoline stations without convenience stores (447190)

	4(b)	Information Requested 		 		4(i)	Reporting:  Respondents who use the notification option will be sending a very simple report that could take the form of a short e-mail or similar communication.  No form is to be developed, although we may consider developing a simple web based reporting interface for submission of the information, if that option is desired by the respondent community.

		4(ii)	Recordkeeping:  Under the testing option, respondents must retain underlying records related to results of any tests they perform for five years. We anticipate that 5% or fewer respondents will choose the testing option. The burden of retaining the testing results record is small.

5.  The Information Collected, Agency Activities, Collection Methodology, and Information Management

	5(a)	Agency Activities

*          All notifications will be reviewed by EPA.  (Test results will be shown to EPA field compliance and enforcement personnel upon request.) *          Notifications will be stored by EPA.

	5(b)	Collection Methodology and Management

	Data will be collected by industry and reported to EPA in the form of a simple e-mail that identifies the service station and its address and identifies the tank where commingling will occur. As mentioned above, we do not anticipate that this information will come in under a CBI claim; however, that is a possibility and we will treat all such information in accordance with 40 CFR Part 2 and established Agency procedures for handling CBI.  Information claimed as CBI will be stored in appropriately controlled areas.

	 5(c)	Small Entity Flexibility

	This collection will not adversely affect small entities. The whole purpose of the commingling provision of the EPAct is to provide flexibility.  The actual estimated annual burden for a typical respondent who submits up to two notifications per year is $17.00 and 0.50 hours (30 minutes) annually.

	5(d)	Collection Schedule

	We anticipate that notifications will be submitted no more than twice per year.

6.	Estimating the Burden and Cost of Collection

	6(a)	Estimating the Respondent Burden

	We drew upon experience implementing similar regulations among the same entities to develop estimates of the burden associated with this collection.  We consulted the 2008 Economic Census for Retail Trade to assist us in estimating the total number of retail stations.  Since the Economic Census for Retail Trade provided a nationwide estimate of 115,223, we assumed 30% of that number for stations in RFG areas (since 30% of the gasoline market nationwide is RFG). The number used for stations in the RFG area will be 34,566.9 rounded up for ease of use (35,000). Although imperfect, we believe this is a reasonable estimate, and have applied similar logic in estimating the number of wholesale purchaser-consumers. The 2007 Census Bureau Fact Finder2 reported that there are 20,202 wholesale purchaser-consumer facilities handling petroleum product.  For purposes of this ICR, we are multiplying this number by 0.30 to yield 6060.9 facilities. Adding our estimate of the number of retailers (35,000) and the number of wholesale purchaser-consumers 6060.9 rounded to (6,000) for ease of use gives us a collection of 41,000 respondents.  We believe this number to be on the high side in estimating actual respondents, but it does provide a reasonable benchmark.

	6(b) 	Estimating the Respondent Burden and Cost

	We used the Bureau of Labor Statistics (BLS), May 2011 National Industry-Specific Occupational Employment and Wage Estimates applicable to "NAICS 44710  -  Gasoline Stations," as the basis for our estimates.  We used the mean hourly salary for a first-line supervisor/manager of retail sales workers ($16.53), rounded this up to the next whole dollar amount ($17.00), and doubled for company overhead beyond wages and benefits.  This yields an estimated hourly cost of $34.00.  There is no capitol and maintenance cost associated with this collection.

Table 1.  Respondent Burden Hours & Costs (Including Capital & Maintenance - O&M)                                         Collection Activity Number of Respondents Number of Responses per Respondent Total Number of Responses Hours per Response & Cost per Response Total Hours & Total Cost  @ $17/hour Total O&M Prepare and Submit  Notification 41,000 2 82000 0.25 ----- $4.25 20,500 hours ------ $348,500

0 Maintain Test Results  Documents (assumes 5% of  respondents test) 2,050 1   2050 0.25 ----- $4.25 513 hours ------ $8712.50 0 Total 43,050 respondents

----------- 84,050 responses

----------- 21,013  hours ------ $357,221 0

   	6(c)	Estimating the Agency Burden and Cost

	No response is required to notifications unless a potential violation is noted.  This activity will present no significant, quantifiable burden to the Agency.   	 	6(d)	Estimating the Respondent Universe

	We were able to estimate the number of regulated entities drawing upon experience regulating the same entities and through the use of business and industry economic statistics. We consulted the 2008 Economic Census for Retail Trade to assist us in estimating the total number of retail stations and the 2008 Census Bureau Fact Finder2 to assist in estimating the number of wholesale purchaser-consumer facilities handling petroleum product.

	6(e)	Bottom Line Burden Hours and Costs

	From Table 1 we estimate the following:

TOTAL NO. OF RESPONDENTS	43,050 TOTAL NO. OF REPORTS:    	84,050 TOTAL BURDEN HOURS:     	21,013 TOTAL COST:  		         $357,221

	6(f)	Reason for Change in Burden

	The change in burden from the prior ICR is due in part to better numbers extracted from business and industry economic statistics that assisted in calculating the numbers of respondents. These better numbers reduced the party size by 13,650 members. The number of responses also declined from 110,700 to 84,050 a difference of 26,650 reports which reduced the industry burden hours from 27,675 to 21,013.  We also found that the original cost per response was overstated by a factor of 2. With the decline of respondents, burden hours and responses, and revisit cost per response, the cost associated with this ICR is $357,221 a difference of $528,379 calculated from the prior collection approved by OMB.

	6(g)	Burden Statement

	The average respondent burden in hours per response for this ICR is estimated at 0.25 hours (15 minutes).

	Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review the instructions; develop, acquire, install, and utilize technology and systems for the purpose of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transit or otherwise disclose the information.   	 	An Agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, the U.S. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OAR-2006-0745, which is available for public viewing at the Air and Radiation Docket and Information Center Docket in the EPA Docket Center (EPA/DC), William Jefferson Clinton Federal Building West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Air and Radiation Docket and Information Center Docket is<PHONE_NUMBER>.  An electronic version of the public docket is available at www.regulations.gov.  This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. EPA-HQ-OAR-2006-0745 and OMB control number 2060-0587 in any correspondence.


[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Notices]
[Pages 35280-35281]
[FR Doc No: 2022-12397]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34609; File No. 812-15314]

Voya Senior Income Fund, et al.

June 3, 2022.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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

    Notice of application for an order under sections 6(c) and 23(c)(3)
of the Investment Company Act of 1940 (the ``Act'') for an exemption
from rule 23c-3 under the Act.

Summary of Application: Applicants request an order under sections 6(c)
and 23(c)(3) of the Act for an exemption from certain provisions of
rule 23c-3 to permit certain registered closed-end investment companies
to make repurchase offers on a monthly basis.

Applicants: Voya Senior Income Fund (the ``Fund''), Voya Investments,
LLC (``Voya Investments''), Voya Investment Management Co. LLC (``Voya
IM'' and together with Voya Investments, the ``Adviser''), and Voya
Investments Distributor, LLC (the ``Distributor).

Filing Dates: The application was filed on March 31, 2022, and amended
on May 25, 2022.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the SEC's Secretary at [email protected] and serving the
relevant applicant with a copy of the request by email, if an email
address is listed for the relevant applicant below, or personally or by
mail, if a physical address is listed for the relevant applicant below.
Hearing requests should be received by the Commission by 5:30 p.m. on
June 28, 2022, and should be accompanied by proof of service on
applicants, in the form of an affidavit or, for lawyers, a certificate
of service. Pursuant to rule 0-5 under the Act, hearing requests should
state the nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicants: Huey
P. Falgout, Jr., Voya Investments, LLC, 7337 E Doubletree Ranch Road,
Suite 100, Scottsdale, AZ 85258, Elizabeth J. Reza Esq., Ropes & Gray
LLP, Prudential Tower, 800 Boylston Street, Boston, Massachusetts
02199.

FOR FURTHER INFORMATION CONTACT: Asaf Barouk, Attorney-Adviser, or Lisa
Reid Ragen, Branch Chief, at<PHONE_NUMBER> (Division of Investment
Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' first amended and
restated application, dated May 25, 2022, which may be obtained via the
Commission's website by searching for the file number at the top of
this document, or for an Applicant using the Company name search field
on the SEC's EDGAR system. The SEC's EDGAR system may be searched at
https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You
may also call the SEC's Public Reference Room at<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-12397 Filed 6-8-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56901-56903]
[FR Doc No: 2023-17860]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98138; File No. SR-ICEEU-2023-019]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing of Proposed Rule Change Relating to Amendments to the Model
Risk Policy

August 15, 2023.
    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 August 4, 2023, ICE Clear Europe Limited (``ICE Clear Europe'' or
the ``Clearing House'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule changes described in
Items I, II and III below, which Items have been prepared primarily by
ICE Clear Europe. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    ICE Clear Europe Limited (``ICE Clear Europe'' or the ``Clearing
House'') proposes to modify its Model Risk Governance Framework (to be
renamed the Model Risk Policy) (the ``Model Risk Policy'' or the
``Policy'') \3\ to make certain enhancements to the Clearing House's
current policy and practices as they pertain to model and parameter
risks.
---------------------------------------------------------------------------

    \3\ Capitalized terms used but not defined herein have the
meanings specified in the ICE Clear Europe Clearing Rules and the
Policy.
---------------------------------------------------------------------------

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICE Clear Europe 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. ICE Clear Europe has prepared summaries,
set forth in sections (A), (B), and (C) below, of the most significant
aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Purpose
    ICE Clear Europe is proposing to amend its Model Risk Governance
Framework (to be renamed the Model Risk Policy) to expand its current
scope to include certain risk frameworks and to distinguish between
``Business As Usual'' (``BAU'') and non-BAU parameter changes, among
other changes discussed herein.
    The amendments would expand the scope of the Policy to include risk
frameworks used to quantify, aggregate and manage the risks of the
Clearing House. The amendments would further clarify that references to
``model'' in the rest of the document would refer to both models and
risk frameworks. The discussion of the architecture supporting the
Policy would be revised to also include guidelines for the remediation
of validation findings relating to models.
    The amendments would also state that changes to risk parameters
would be categorized as significant and not significant. This would
follow the same categorization under the existing Policy with respect
to model changes. A footnote referencing a specific ESMA opinion as
providing the criteria defining model change significance would be
revised to state more generally that the criteria will be in accordance
with prevailing regulatory opinions, guidelines or requirements (in
order to take into account any other regulatory positions that may be
in effect from time to time). Moreover, the changes to parameters would
be categorized as Business as Usual (``BAU'') and Non-BAU. Changes
considered BAU would be defined as changes in the parameters resulting
from the application of existing methodologies as part of a regular
review or calibration exercise. Non-BAU changes would be all other
changes. The amendments would clarify that the definition of BAU would
be in accordance with existing regulatory guidelines.
    The amendments would also clarify certain governance
responsibilities. The Board would be responsible for the approval of
significant non-BAU changes to risk parameters. Auto Pilot versus
Production deviations beyond BAU thresholds will generally follow a
similar governance process to that for changes in parameters but given
that these deviations are usually time sensitive and driven by stressed
market conditions, the Clearing House will need the ability to act
quickly to ensure market stability. Thus, for these situations the
governance process will involve Board notification rather than Board
pre-approval and Risk Oversight Department review rather than full
independent pre-validation. The Model Oversight Committee would be
responsible for establishing and maintaining a model inventory and
assigning a specific owner to each model (a function currently
performed by the First Line). The Model Oversight Committee would also
be responsible for approving non-significant non-BAU changes to risk
parameters and for reviewing significant non-BAU changes to risk
parameters for recommendation to the Board. In addition, the committee
would be responsible for approving changes to model documentation.
    The First Line responsibilities would also be modified by the
amendments. As noted above, the First Line would no longer be
responsible for establishing and maintaining a model inventory and
assigning a specific owner to each model as that responsibility would
be moved to the Model Oversight Committee. The First Line would be
responsible for proposing and seeking approval for non-BAU changes to
risk parameters (as it currently does for models, model changes, and
model retirements). Similarly, the First Line

would also be responsible for proposing significance levels for non-BAU
changes to risk parameters. The Second Line would be responsible for
performing independent validation exercises for non-BAU changes to risk
parameters (as it currently does for models).
    Finally, a new sub-section would be added addressing Non-BAU
parameter changes. The section would provide that significant non-BAU
changes to risk parameters must be validated before they are
implemented in production. Non-significant non-BAU changes must be
validated in accordance with the validation pipeline.
    A number of other drafting clarifications and conforming changes
replacing the references to ``Framework'' with ``Policy'' would also be
made throughout the document.
(b) Statutory Basis
    ICE Clear Europe believes that the proposed amendments to the
Policy are consistent with the requirements of Section 17A of the
Securities Exchange Act of 1934 (the ``Act'') \4\ and the regulations
thereunder applicable to it. In particular, Section 17A(b)(3)(F) of the
Act \5\ requires, among other things, that the rules of a clearing
agency be designed to promote the prompt and accurate clearance and
settlement of securities transactions and, to the extent applicable,
derivative agreements, contracts, and transactions, the safeguarding of
securities and funds in the custody or control of the clearing agency
or for which it is responsible, and the protection of investors and the
public interest.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78q-1.
    \5\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The proposed changes to the Policy are designed to facilitate the
risk management and governance of risk frameworks in a similar manner
to that for models under the existing framework. The processes,
controls and escalations used by the Clearing House with respect to the
testing and reviewing of models, as well the responsibilities of the
Clearing House's committees, management and the Board in relation to
the models would thus be applied to risk frameworks. The amendments
provide additional procedures for the management of risk parameter
changes, distinguishing between BAU and non-BAU (which are subject to
additional review and governance requirements). The Clearing House
believes these changes will further overall risk management at the
Clearing House, which would in turn promote the stability of the
Clearing House and the prompt and accurate clearance and settlement of
cleared contracts. The enhanced Policy is therefore also generally
consistent with the protection of investors and the public interest in
the safe operation of the Clearing House. (ICE Clear Europe would not
expect the amendments to affect the safeguarding of securities and
funds in ICE Clear Europe's custody or control or for which it is
responsible.) Accordingly, the amendments satisfy the requirements of
Section 17A(b)(3)(F).\6\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The amendments to the Policy are also consistent with relevant
provisions of Rule 17Ad-22.\7\ Rule 17Ad-22(e)(3)(i) provides that
``[e]ach covered clearing agency shall establish, implement, maintain
and enforce written policies and procedures reasonable designed to, as
applicable [. . .] identify, measure, monitor, and manage the range of
risks that arise in or are borne by the covered clearing agency''.\8\
The amendments to the Policy are intended to expand the considerations
of the existing model governance framework to apply to risk frameworks
as well as models and to distinguish BAU and non-BAU changes to risk
parameters for purposes of ongoing review and oversight. The expanded
scope of the Policy will, in ICE Clear Europe's view, assist the
Clearing House in the ongoing review and oversight of the models and
frameworks it uses in the operation of the Clearing House, and the
management of the risks that may arise from the use of such models and
frameworks. The amendments would thus strengthen the overall risk
management of the Clearing House. In ICE Clear Europe's view, the
amendments are therefore consistent with the requirements of Rule 17Ad-
22(e)(3)(i).\9\
---------------------------------------------------------------------------

    \7\ 17 CFR 240.17 Ad-22.
    \8\ 17 CFR 240.17 Ad-22(e)(3)(i).
    \9\ 17 CFR 240.17 Ad-22(e)(3)(i).
---------------------------------------------------------------------------

    Rule 17Ad-22(b)(4) provides ``[a] registered clearing agency that
performs central counterparty services shall establish, implement,
maintain and enforce written policies and procedures reasonably
designed to [. . .] [p]rovide for an annual model validation consisting
of evaluating the performance of the clearing agency's margin models
and the related parameters and assumptions associated with such models
by a qualified person who is free from influence from the persons
responsible for the development or operation of the models being
validated''.\10\ The amendments add non-BAU changes to risk parameters
but do not otherwise change the Policy's or Clearing House's practice
in reviewing and validating models. Under the Policy, the First Line
would still be responsible for development and operation of the models,
while the Risk Oversight Department (as part of the Second Line) is
responsible for performing independent validation exercises for the new
models, model changes and non-BAU changes to risk parameters. The Risk
Oversight Committee would also oversee independent validation exercises
performed by external validators. In ICE Clear Europe's view, the
amendments are therefore consistent with Rule 17Ad-22(b)(4).\11\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.17Ad-22(b)(4).
    \11\ 17 CFR 240.17Ad-22(b)(4).
---------------------------------------------------------------------------

    Rules 17Ad-22(e)(4)(vii) provides ``[e]ach covered clearing agency
shall establish, implement, maintain and enforce written policies and
procedures reasonably designed to, as applicable [. . .] [e]ffectively
identify, measure, monitor, and manage its credit exposures to
participants and those arising from its payment, clearing, and
settlement processes, including by [. . .] [p]erforming a model
validation for its credit risk models not less than annually or more
frequently as may be contemplated by the covered clearing agency's risk
management framework established [. . .]'' \12\ and 17Ad-22(e)(6)(vii)
provides ``[e]ach covered clearing agency shall establish, implement,
maintain and enforce written policies and procedures reasonably
designed to, as applicable [. . .] [c]over, if the covered clearing
agency provides central counterparty services, its credit exposures to
its participants by establishing a risk-based margin system that, at a
minimum [. . .] [r]equires a model validation for the covered clearing
agency's margin system and related models to be performed not less than
annually, or more frequently as may be contemplated by the covered
clearing agency's risk management framework [. . .]''.\13\ The
amendments to the Policy expand the current scope to include risk
frameworks and do not otherwise change ICE Clear Europe's model
validation cycles. As per the Policy and the Clearing House's current
practice, the validation pipeline would still include annual validation
cycles. In ICE Clear Europe's view, the amendments are therefore
consistent with Rules 17Ad-22(e)(4)(vii) \14\ and 17Ad-
22(e)(6)(vii).\15\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.17Ad-22(e)(4)(vii).
    \13\ 17 CFR 240.17Ad-22(e)(6)(vii).
    \14\ 17 CFR 240.17Ad-22(e)(4)(vii).
    \15\ 17 CFR 240.17Ad-22(e)(6)(vii).

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

    Rule 17Ad-22(e)(2) provides that ``[e]ach covered clearing agency
shall establish, implement, maintain and enforce written policies and
procedures reasonable designed to, as applicable [. . .] provide for
governance arrangements that are clear and transparent'' \16\ and
``[s]pecify clear and direct lines of responsibility''.\17\ The
amendments to the Policy would extend the existing responsibilities of
the Clearing House's committees, management and the Board with respect
to models to also apply to risk frameworks. The amendments would also
clarify certain responsibilities of the Board and other relevant
committees and personnel as they relate to BAU and Non-BAU changes to
risk parameters. In ICE Clear Europe's view, the amendments are
therefore consistent with the requirements of Rule 17Ad-22(e)(2).\18\
---------------------------------------------------------------------------

    \16\ 17 CFR 240.17 Ad-22(e)(2)(i).
    \17\ 17 CFR 240.17 Ad-22(e)(2)(v).
    \18\ 17 CFR 240.17 Ad-22(e)(2).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed amendments would
have any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The amendments
are being adopted to update and expand the Clearing House's Model Risk
Policy, which relate to the Clearing House's internal processes for
model and risk framework review, and overall risk management. The
amendments will not change the Clearing House Rules or Procedures and
will not change the rights or obligations of the Clearing House or
Clearing Members. ICE Clear Europe does not believe the amendments and
adoption would affect the costs of clearing, the ability of market
participants to access clearing, or the market for clearing services
generally. Therefore, ICE Clear Europe does not believe the proposed
rule change imposes any burden on competition that is inappropriate in
furtherance of the purposes of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed amendments have not been
solicited or received by ICE Clear Europe. ICE Clear Europe will notify
the Commission of any written comments received with respect to the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml) or
     Send an email to [email protected]. Please include
File Number SR-ICEEU-2023-019 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-ICEEU-2023-019. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filings will also be available for
inspection and copying at the principal office of ICE Clear Europe and
on ICE Clear Europe's website at https://www.ice.com/clear-europe/regulation.
    Do not include personal identifiable information in submissions;
you should submit only information that you wish to make available
publicly. We may redact in part or withhold entirely from publication
submitted material that is obscene or subject to copyright protection.
All submissions should refer to File Number SR-ICEEU-2023-019 and
should be submitted on or before September 11, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-17860 Filed 8-18-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 28978-28980]
[FR Doc No: 2018-13376]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0724; Airspace Docket No. 17-AGL-1]
RIN 2120-AA66

Amendment and Removal of VOR Federal Airways in the Vicinity of
Lansing, MI, and Pontiac, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies VHF Omnidirectional Range (VOR) Federal
airways V-2, V-26, V-84, V-218, and V-510 in the vicinity of Lansing,
MI, and removes airway V-410 in the vicinity of Pontiac, MI. These
modifications are required due to the planned decommissioning of the
Lansing, MI, VHF Omnidirectional Range/Tactical Air Navigation (VORTAC)
and the Pontiac, MI, VORTAC navigation aids, which provide navigation
guidance for portions of the above routes.

DATES: Effective date 0901 UTC, September 13, 2018. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the National Airspace System route structure
as necessary to preserve the safe and efficient flow of air traffic.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the
Federal Register for Docket No. FAA-2017-0724 (82 FR 34272; July 24,
2017). The NPRM proposed to amend VOR Federal airways V-2, V-26, V-84,
V-218, and V-510, and to remove V-410, due to the planned
decommissioning of the Lansing, MI, and Pontiac, MI, VORTACs.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal. No comments were
received.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order
7400.11B, dated August 3, 2017, and effective September 15, 2017, which
is incorporated by reference in 14 CFR 71.1. The VOR Federal airways
listed in this document will be subsequently published in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending Title 14, Code of Federal Regulations (14 CFR)
part 71 by modifying the descriptions of VOR Federal airways V-2, V-26,
V-84, V-218, and V-510; and removing V-410, due to the planned
decommissioning of the Lansing, MI, and Pontiac, MI,

VORTACs. The route changes are described below.
    V-2: V-2 extends between the Seattle, WA, VORTAC and the Gardner,
MA, VOR/DME, excluding the airspace within Canada. The airway segment
between the intersection of the Nodine, MN, 122[deg] and Waukon, IA,
053[deg] radials (WEBYE fix) and the Lansing, MI, VORTAC is removed.
The unaffected portions of the airway remain as charted.
    V-26: V-26 extends between the Blue Mesa, CO, VOR/DME and the
Dryer, OH, VOR/DME, excluding the airspace within Canada. The airway
segment between the White Cloud, MI, VOR/DME and the Lansing, MI,
VORTAC is removed. The unaffected portions of the airway remain as
charted.
    V-84: V-84 extends between the Northbrook, IL, VOR/DME and the
Flint, MI, VORTAC; and between the Buffalo, NY, VOR/DME and the
Syracuse, NY, VORTAC. The airway segment between the Pullman, MI, VOR/
DME and the Lansing, MI, VORTAC is removed. The unaffected portions of
the airway remain as charted.
    V-218: V-218 extends between the Grand Rapids, MN, VOR/DME and the
Rockford, IL, VOR/DME; and between the Keeler, MI, VOR/DME and the
Lansing, MI, VORTAC. The airway segments between the Waukon, IA, VORTAC
and the Rockford, IL, VOR/DME; and between the Keeler, MI, VOR/DME and
the Lansing, MI, VORTAC are removed. The unaffected portions of the
airway remain as charted.
    V-410: V-410 extends between the Pontiac, MI, VORTAC and the
London, ON, Canada VOR/DME, excluding the airspace within Canada. The
airway is removed in its entirety.
    V-510: V-510 extends between the Dickinson, ND, VORTAC and the
Dells, WI, VORTAC; between the Oshkosh, WI, VORTAC and the Lansing, MI,
VORTAC; and between the Buffalo, NY, VOR/DME and the Rochester, NY,
VOR/DME. The airway segment between the Oshkosh, WI, VORTAC and the
Lansing, MI, VORTAC is removed. The unaffected portions of the airway
remain as charted.
    All radials in the route descriptions are stated relative to True
north. Additionally, minor punctuation changes were made for clarity.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of modifying five VOR
Federal airways and removing one Federal airway qualifies for
categorical exclusion under the National Environmental Policy Act and
its implementing regulations at 40 CFR part 1500, and in accordance
with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
Paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). As such, this action
is not expected to cause any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. The FAA determined that no extraordinary circumstances exist
that warrant preparation of an environmental assessment or
environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017 and
effective September 15, 2017, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal airways.

* * * * *

V-2 [Amended]

    From Seattle, WA; Ellensburg, WA; Moses Lake, WA; Spokane, WA;
Mullan Pass, ID; Missoula, MT; Helena, MT; INT Helena 119[deg] and
Livingston, MT, 322[deg] radials; Livingston; Billings, MT; Miles
City, MT; 24 miles, 90 miles 55 MSL, Dickinson, ND; 10 miles, 60
miles 38 MSL, Bismarck, ND; 14 miles, 62 miles 34 MSL, Jamestown,
ND; Fargo, ND; Alexandria, MN; Gopher, MN; Nodine, MN; to INT Nodine
122[deg] and Waukon, IA, 053[deg] radials. From Buffalo, NY;
Rochester, NY; Syracuse, NY; Utica, NY; Albany, NY; INT Albany
084[deg] and Gardner, MA, 284[deg] radials; to Gardner.
* * * * *

V-26 [Amended]

    From Blue Mesa, CO; Montrose, CO; 13 miles 112 MSL, 131 MSL,
Grand Junction, CO; Meeker, CO; Cherokee, WY; Muddy Mountain, WY; 14
miles, 37 miles 75 MSL, 84 miles 90 MSL, Rapid City, SD; Philip, SD;
Pierre, SD; Huron, SD; Redwood Falls, MN; Farmington, MN; Eau
Claire, WI; Waussau, WI; Green Bay, WI; INT Green Bay 116[deg] and
White Cloud, MI, 302[deg] radials; to White Cloud.
* * * * *

V-84 [Amended]

    From Northbrook, IL; to Pullman, MI. From Buffalo, NY; Geneseo,
NY; INT Geneseo 091[deg] and Syracuse, NY, 240[deg] radials; to
Syracuse.
* * * * *

V-218 [Amended]

    From International Falls, MN; Grand Rapids, MN; Gopher, MN; to
Waukon, IA.
* * * * *

V-410 [Removed]

* * * * *

V-510 [Amended]

    From Dickinson, ND; INT Dickinson 078[deg] and Bismarck, ND,
290[deg] radials; 28 miles 38 MSL, Bismarck; INT Bismarck 067[deg]
and Jamestown, ND, 279[deg] radials; 14 miles, 65 miles 34 MSL,
Jamestown; Fargo, ND; INT Fargo 110[deg] and Alexandria, MN,
321[deg] radials; Alexandria; INT Alexandria 110[deg] and Gopher,
MN, 321[deg] radials; Gopher; INT Gopher 109[deg] and Nodine, MN,
328[deg] radials; Nodine; to Dells, WI. From Buffalo, NY; INT
Buffalo 045[deg] and Rochester, NY, 273[deg] radials; to Rochester.

    Issued in Washington, DC, on June 13, 2018.
Scott J. Gardner,
Acting Manager, Airspace Policy Group.
[FR Doc. 2018-13376 Filed 6-21-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Notices]
[Pages 41114-41115]
[FR Doc No: 2023-13383]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2023-0006; OMB No. 1660-0004]

Agency Information Collection Activities: Submission for OMB
Review, Comment Request; Application for Participation in the National
Flood Insurance Program (NFIP)

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 30-Day notice of renewal and request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission seeks comments
concerning the collection of information under which communities submit
information to FEMA for application and continued participation in the
National Flood Insurance Program (NFIP).

DATES: Comments must be submitted on or before July 24, 2023.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Information Management Division, 500 C Street SW, Washington, DC 20472,
email address: [email protected] or
Adrienne L. Sheldon, Supervisory Emergency Management Specialist,
Floodplain Management Division at [email protected] or
(202) 212-3966.

SUPPLEMENTARY INFORMATION: The National Flood Insurance Program (NFIP),
codified at 42 U.S.C. 4001, et seq., requires all flood prone
communities throughout the country to apply for participation in the
NFIP one year after their flood prone status is identified. If a
community does not participate in the NFIP they are not eligible for
certain types of Federal and federally-related financial assistance in
their floodplains. 44 CFR 59.2 authorizes previously unavailable flood
insurance protection to property owners in flood-prone areas and
identifies the information that communities are required to submit to
FEMA for application into the NFIP. 44 CFR 59.22 and 59.24 identifies
the information a community is required to submit to FEMA for continued
participation in the program. This collection has been updated to
account for the burden hours associated with the applicant's time to
collect information as part of the community development permit
process. To qualify for the NFIP, a participating community must adopt
certain minimum standards in accordance with FEMA's regulations at 44
CFR 60.3, 60.4, and 60.5. To verify whether communities maintain such
standards, the NFIP requires participating communities to retain
documentation on development taking place in the flood hazard areas
within the community. 44 CFR 59.22. Such information will be made
available to FEMA upon request. This information assists FEMA in
evaluating the effectiveness of a community's floodplain management
program and participating property owners' eligibility for flood
insurance. In the past the NFIP application did not account for burden
hours associated with this collection of information.
    The ``Application for Participation in the NFIP'' and the ``NFIP
and the Community Development Permit Process'' are separate actions
documented under the same collection. This proposed information
collection previously published in the Federal Register on March 22,
2023, at 88 FR 17241 with a 60-day public comment period. No comments
were received. The purpose of this notice is to notify the public that
FEMA will submit the information collection abstracted below to the
Office of Management and Budget for review and clearance.

Collection of Information

    Title: Application for Participation in the National Flood
Insurance Program (NFIP).
    Type of Information Collection: Extension, without change, of a
currently approved information collection.
    OMB Number: 1660-0004.
    FEMA Forms: FEMA Form FF-206-FY-22-160 (formerly 086-0-30),
Application for Participation in the National Flood Insurance Program.
    Abstract: The National Flood Insurance Program (NFIP) provides
flood insurance to the communities that apply for participation and
make a commitment to protect against future flood damages. The
application form and supporting documentation will enable FEMA to
continue to rapidly process new community applications and to thereby
more quickly provide flood insurance protection to the residents in
communities.
    Affected Public: State, local or Tribal government.
    Number of Respondents: 22,660.
    Number of Responses: 90,460.
    Estimated Total Annual Burden Hours: 271,440.
    Estimated Total Annual Respondent Cost: $25,813,944.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $110,446.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption

above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the Agency,
including whether the information shall have practical utility;
evaluate the accuracy of the Agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2023-13383 Filed 6-22-23; 8:45 am]
BILLING CODE 9111-47-P


[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Rules and Regulations]
[Page 21697]
[FR Doc No: 2017-09486]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 35

State and Local Assistance

CFR Correction

0
In Title 40 of the Code of Federal Regulations, parts 1 to 49, revised
as of July 1, 2016, on page 517, in Sec.  35.6280, paragraph (a)(2) is
revised to read as follows:

 Sec.  35.6280  Payments.

    (a) * * *
    (2) Interest. The interest a recipient earns on an advance of EPA
funds is subject to the requirements of 2 CFR 200.305.
* * * * *
[FR Doc. 2017-09486 Filed 5-9-17; 8:45 am]
 BILLING CODE 1301-00-D