[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Proposed Rules]
[Pages 46164-46167]
[FR Doc No: 2021-17196]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0667; Project Identifier MCAI-2021-00580-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A350-941 and -1041 airplanes. This
proposed AD was prompted by a report that during type certification
activity, it was identified that certain monitoring software was
incorrectly implemented in the braking control system (BCS)
certification standard. This proposed AD would require installing
(updating) certain software for the braking and steering system, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation by reference. The FAA is proposing this
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 4,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221

8999 000; email<EMAIL_ADDRESS>internet www.easa.europa.eu. You
may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2021-0667.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0667; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0667; Project Identifier
MCAI-2021-00580-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Dan
Rodina, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0127, dated May 12, 2021 (EASA
AD 2021-0127) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for certain Airbus SAS Model A350-941 and -1041 airplanes.
    This proposed AD was prompted by a report that during type
certification activity, it was identified that certain monitoring
software was incorrectly implemented in the BCS certification standard.
The FAA is proposing this AD to address in-service limitations related
to the braking and steering system, which, under specific degraded
conditions, could lead to a reduction in braking performance and
potentially lead to a runway excursion, and result in damage to the
airplane and injury to passengers. See the MCAI for additional
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0127 describes procedures for installing (updating)
serviceable software for the braking and steering system. Serviceable
software includes BCS software (SW) standard (STD) S5B, wheel steering
control system (WSCS) SW STD S5B, and landing gear extension and
retraction system (LGERS) SW STD S5A. This material is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

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

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0127 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0127 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0127 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2021-0127 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0127. Service information required by EASA AD 2021-0127 for compliance
will be available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0667 after the FAA final rule is
published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 17 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 4 work-hours x $85 per hour =    Up to $1,650...........  Up to $1,990...........  Up to $33,830.
 Up to $340.
----------------------------------------------------------------------------------------------------------------

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

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus SAS: Docket No. FAA-2021-0667; Project Identifier MCAI-2021-
00580-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by October 4, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2021-0127, dated May 12, 2021
(EASA AD 2021-0127).

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Reason

    This AD was prompted by a report that during type certification
activity, it was identified that certain monitoring software was
incorrectly implemented in the braking control system (BCS)
certification standard. The FAA is issuing this AD to address in-
service limitations related to the braking and steering system,
which, under specific degraded conditions, could lead to a reduction
in braking performance and potentially lead to a runway excursion,
and result in damage to the airplane and injury to passengers.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0127.

(h) Exceptions to EASA AD 2021-0127

    (1) Where EASA AD 2021-0127 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0127 does not apply
to this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j)(2) of
this AD. Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in

an airworthy condition. Any substitutions or changes to procedures
or tests identified as RC require approval of an AMOC.

(j) Related Information

    (1) For information about EASA AD 2021-0127 contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email<EMAIL_ADDRESS>internet www.easa.europa.eu. You
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0667.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on August 7, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-17196 Filed 8-17-21; 8:45 am]
BILLING CODE 4910-13-P


Appendix E: Residential Handler Exposure Data and Risk Calculations for 2,4 D 2 Table E1: Unit Exposure Data for 2,4 D Residential Exposure Assessment Scenario Data Source Unit Exposure Values ( Per lb AE Handled) Data Confidence Residential Handler Scenarios 1  Hand Application of Granules PHED Dermal = 114 mg Inhalation = 467 ug N = 16 dermal , hand and inhalation replicates with grade ABC data. Hand data was for gloved hand and required 10X adjustment for use without gloves.

2  Belly Grinder Application PHED Dermal = 110 mg Inhalation = 62 ug N = 20 to 45 dermal replicates, ABC grades. Hand replicates = 23, ABC grades. Medium Confidence.

N = 40 Inhalation replicates, AB grades, High Confidence.

3. Load/ Apply Granules with a Broadcast Spreader ORETF 1 Dermal = 0.68 mg Inhalation = 0.91 ug Grade AB Data. N = 30 replicates. High Confidence despite large variability in results.

4. Mix/ Load/ Apply with a Hose end Sprayer ( Mix your own) ORETF1 Dermal = 11 mg Inhalation = 16 ug Grade A Data. N = 30 replicates. High Confidence.

5. Mix/ Load/ Apply with a Hose end Sprayer ( Ready to Use) ORETF1 Dermal = 2.6 mg Inhalation = 11 ug Grade A Data. N = 30 replicates. High Confidence.

6. Mix/ Load/ Apply with Hand Held Pump Sprayer MRID2 444598 01 Dermal = 38 mg Inhalation = 9 ug A total of 40 replicates per application method were monitored in this study. Half of the people wore gloves and the other half did not. The clothing scenario represents short sleeved shirt, short pants, and no gloves. The data are considered high quality by the Agency.

7. Mix/ Load/ Apply with Ready to Use Sprayer MRID 444598

01 Dermal = 54 mg Inhalation = 67 ug Notes for Table 1 1. This study involved the application of granular and liquid formulations of Dacthal to residential lawns. It was reviewed by Health Canada and Gary Bangs in Document # D261948.

2. This study involved the application of liquid carbaryl to home garden vegetables. It was reviewed by Jeff Dawson in Document # D287251. 3 Table E2 2,4 D Short Term MOEs for Homeowner Applications to Lawns Exposure Scenario Application Rates ( lb ae/ Acre) Treated Areas ( Acre/ day) Amount of A. E.

Handled per Day ( lbs) Daily Exposure ( mg/ day) a Daily Dose ( mg/ kg/ day) b Combined Daily Dose ( mg/ kg/ day) c 2,4 D MOEd Dermal Inhalation Dermal Inhalation 1  Apply Granules by Hand or Shaker Can 2.0 0.023 0.046 5.24 2.1e 02 5.1e 03 3.6e 04 5.4e 03 4606 2  Load/ Apply Granules with a Belly Grinder 2.0 0.023 0.046 5.06 2.9e 03 4.9e 03 4.8e 05 4.9e 03 5062 3  Load/ Apply Granules with a Broadcast Spreader 2.0 0.500 1.000 0.68 9.1e 05 6.6e 04 1.5e 06 6.6e 04 37945 4  Mix/ Load/ Apply Liquids with a Hose end Sprayer ( Mix your own) 2.0 0.500 1.000 11.0 1.6e 02 1.1e 02 2.7e 04 1.1e 02 2294 5  Mix/ Load/ Apply Liquids with a Hose end Sprayer ( Ready to Use) 2.0 0.500 1.000 2.6 1.1e 02 2.5e 03 1.8e 04 2.7e 03 9271 6  Mix/ Load/ Apply Liquids with Hand Held Pump Sprayer 2.0 0.023 0.046 1.7 4.1e 04 1.7e 03 6.9e 06 1.7e 03 14735 7  Mix/ Load/ Apply Liquids with Ready to Use Sprayer 2.0 0.023 0.046 2.5 3.1e 03 2.4e 03 5.1e 05 2.5e 03 10193 a Daily Exposure ( mg/ day) = Application Rate ( lb ae/ Acre) * Treated Area ( Acre/ day) * Unit Exposure Value ( mg or

g exposure/ lb ae handled) *[ 1mg/ 1000

g ( conversion factor if necessary)].

b Daily Dose ( mg/ kg/ day) = Daily Exposure ( mg/ day) * Absorption Factor ( 0.058 for dermal; 1.0 for inhalation) ÷ Body Weight ( 60kg).

c Combined Daily Dose ( mg/ kg/ day) = Dermal Daily Dose ( mg/ kg/ day) + Inhalation Daily Dose ( mg/ kg/ day).

d MOE = NOAEL / Daily Dose ( mg/ kg/ day) where NOEAL = 25mg/ kg/ day


[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Pages 50681-50682]
[FR Doc No: 2014-20050]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2014-0019; OMB No. 1660-0103]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request; Property Acquisition and Relocation for Open
Space

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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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 will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before September 24, 2014.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 500 C Street, Washington, DC 20472-3100,
facsimile number<PHONE_NUMBER>, or email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: Property Acquisition and Relocation for Open Space.
    Type of information collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0103.
    Form Titles and Numbers: FEMA Form 086-0-31, Statement of Voluntary
Participation for Acquisition of Property for Purpose of Open Space.
    Abstract: FEMA and State and local recipients of FEMA mitigation
grant programs will use the information collected to meet the Property
Acquisition requirements to implement acquisition activities under the
terms of grant agreements for acquisition and relocation activities.
FEMA and State/local grant recipients will also use the information to
monitor and enforce the open space requirements for all properties
acquired with FEMA mitigation grants.
    Affected Public: State, local or Tribal Government; Individuals or
Households.
    Estimated Number of Respondents: 2,296.
    Estimated Total Annual Burden Hours: 11,225 hours.
    Estimated Cost: The estimated annual cost to respondents for the
hour burden is $669,885.25. There are no annual costs to respondents
operations and maintenance costs for technical services. There is no
annual start-up or capital costs. The cost to the Federal Government is
$870,374.00.

    Dated: August 14, 2014.
Charlene D. Myrthil,
Director, Records Management Division, Mission Support Bureau, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2014-20050 Filed 8-22-14; 8:45 am]
BILLING CODE 9110-13-P


[Federal Register: April 8, 2009 (Volume 74, Number 66)]
[Notices]
[Page 16024-16025]
[DOCID:fr08ap09-115]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59692; File No. SR-ISE-2009-17]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by the International Securities
Exchange, LLC Relating to Amending the Direct Edge ECN Fee Schedule
Applicable to International Securities Exchange Members

April 2, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 27, 2009, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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 I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Direct Edge ECN's (``DECN'') fee
schedule for ISE Members to lower the rebate for orders that add
liquidity on EDGX in securities priced at or above $1.00 that are
reported to Tape B. The text of the proposed rule change is available
on the Exchange's Internet Web site at http://www.ise.com.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below.

The self-regulatory organization has prepared summaries, set forth in
sections A, B and C below, of the most significant aspects of such
statements.

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

1. Purpose
    On December 23, 2008, the ISE closed a transaction whereby, among
other things, ISE Stock Exchange, LLC (``ISE Stock Exchange''), a
Delaware limited liability company, merged with and into Maple Merger
Sub, LLC (``Maple Merger Sub''), a Delaware limited liability company
and a wholly owned subsidiary of Direct Edge Holdings LLC (``Direct
Edge''), with Maple Merger Sub being the surviving entity.\3\ As part
of the same transaction, ISE Holdings purchased equity interests in
Direct Edge such that subsequent to completing the transaction, ISE
Holdings owns a 31.54% equity interest in Direct Edge. Following the
closing of the transaction, the Commission deemed DECN to be a facility
of the ISE, which would require ISE to file rules for DECN. However,
the Commission granted ISE a temporary exemption from the rule filing
requirements imposed by Section 19(b) of the Act, provided that ISE and
DECN comply with certain conditions, including but not limited to,
requiring ISE to file a proposed rule change if DECN's fee schedule is
sought to be modified.\4\
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    \3\ See Securities and Exchange Commission Release No. 34-59135
(December 22, 2008), 73 FR 79954 (December 30, 2008)(SR-ISE-2008-85)
(Order approving a proposed rule change, as modified by Amendment
No. 1, to purchase by International Securities Exchange Holdings,
Inc. of an ownership interest in Direct Edge).
    \4\ The Commission notes that this exemption was granted,
subject to certain conditions, to ISE with respect to DE ECN only,
to allow DECN to operate as a facility of ISE without being subject
to the rule filing requirements of Section 19(b) of the Act for a
temporary period. See Exchange Act Release No. 59133 (December 22,
2008), 73 FR 79940 (December 30, 2009) (Order granting application
for a temporary conditional exemption pursuant to Section 36(a) of
the Act).
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    Currently, DECN's fee schedule includes a rebate for ISE Members of
$0.0035 per share for orders that add liquidity on EDGX in securities
priced at or above $1.00 that are reported to Tape B. The Exchange is
now proposing to lower that rebate from $0.0035 to $0.003 per share for
orders that add liquidity on EDGX in securities priced at or above
$1.00 that are reported to Tape B. The Exchange is lowering this rebate
to keep its pricing consistent with the ISE Stock Exchange's Schedule
of Fees. The aforementioned fee change will become operative on April
1, 2009.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\5\ in general, and
furthers the objectives of Section 6(b)(4),\6\ in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees and other charges among its members and other persons using
its facilities. In particular, lowering the rebate in Tape B securities
will allow DECN's rebate to match the rebate provided on the ISE Stock
Exchange.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(2) \8\ thereunder. At any
time within 60 days of the filing of such proposed rule change, the
Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-ISE-2009-17 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-ISE-2009-17. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the ISE. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-ISE-2009-17 and should be submitted by April 29, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-7976 Filed 4-7-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Notices]
[Pages 38197-38198]
[FR Doc No: 2015-16198]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9930-01-OW]

The National Drinking Water Advisory Council: Request for
Nominations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for nominations.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) invites
nominations of qualified candidates to be considered for a three-year
appointment to the National Drinking Water Advisory Council (NDWAC or
Council). The 15-member Council was established by the Safe Drinking
Water Act (SDWA) to provide practical and independent advice,
consultation and recommendations to the EPA Administrator on the
activities, functions, policies and regulations required by the SDWA.
This notice solicits nominations to fill four new vacancies from
December 2015 through December 2018. To maintain the representation
required by statute, nominees will be selected to represent state and
local agencies concerned with water hygiene and public water supply
(two vacancies) and the general public (two vacancies).

DATES: Nominations should be submitted on or before July 31, 2015.

ADDRESSES: Submit nominations to Michelle Schutz, Designated Federal
Officer (DFO), The National Drinking Water Advisory Council, U.S.
Environmental Protection Agency, Office of Ground Water and Drinking
Water, Mail Code 4601-M, 1200 Pennsylvania Avenue NW., Washington, DC
20460. You may also email nominations with the subject line
NDWACResume2015 to<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Email your questions to Michelle
Schutz or call her at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    National Drinking Water Advisory Council: The Council was created
by Congress on December 16, 1974, as part of the Safe Drinking Water
Act of 1974, Public Law 93-523, 42 U.S.C. 300j-5, and is operated in
accordance with the provisions of the Federal Advisory Committee Act
(FACA), 5 U.S.C. App. 2. The Council consists of 15 members, including
the Chairperson, all of whom are appointed by the EPA's Administrator.
Five members represent appropriate state and local agencies concerned
with water hygiene and public water supply; five members represent
private organizations or groups demonstrating an active interest in the
field of water hygiene and public water supply--of which two such
members shall be associated with small, rural public water systems; and
five members represent the general public. The current list of members
is available on the EPA Web site at http://water.epa.gov/drink/ndwac/.
    The Council will meet in person once each year and may hold a
second meeting during the year either in person or by video/
teleconferencing. These meetings generally occur in the spring and
fall. Additionally, members may be asked to participate in ad hoc
workgroups to develop policy recommendations, advice letters and
reports to address specific program issues.
    Member Nominations: Any interested person and/or organization may
nominate qualified individuals for membership. EPA values and welcomes
diversity. In an effort to obtain nominations of diverse candidates,
the Agency encourages nominations of women and men of all racial and
ethnic groups.
    All nominations will be fully considered, but applicants need to be
aware of the specific representation required by the SDWA for the
current vacancies: State and local agencies concerned with water
hygiene and public water supply (two vacancies) and the general public
(two vacancies). Other criteria used to evaluate nominees will include:
     Demonstrated experience with drinking water issues at the
national, state or local level;
     Excellent interpersonal, oral and written communication
and consensus-building skills;
     Willingness to commit time to the Council and demonstrated
ability to work constructively on committees;
     Absence of financial conflicts of interest;
     Absence of appearance of a lack of impartiality; and
     Background and experience that would help members
contribute to the diversity of perspectives on the Council, e.g.,
geographic, economic, social, cultural, educational backgrounds,
professional affiliations and other considerations.
    Nominations must include a resume, which provides the nominee's
background, experience and educational qualifications, as well as a
brief statement (one page or less) describing the nominee's interest in
serving on the Council and addressing the other criteria previously
described. Nominees are encouraged to provide any additional
information that they think would be useful for consideration, such as:
Availability to participate as a member of the Council; how the
nominee's background, skills and experience would contribute to the
diversity of the Council; and any concerns the nominee has regarding
membership. Nominees should be identified by name, occupation,
position, current business address, email and telephone number.
Interested candidates may self-nominate. The DFO will acknowledge
receipt of nominations.
    Persons selected for membership will receive compensation for
travel and a nominal daily compensation (if appropriate) while
attending meetings. Additionally, all selected candidates will be
designated as Special Government Employees (SGEs) and will be required
to fill out the ``Confidential Financial Disclosure Form for
Environmental Protection Agency Special Government Employees'' (EPA
Form 3110-48). This confidential form provides information to EPA's
ethics officials to determine whether there is a conflict between the
SGE's public duties and their private interests, including an
appearance of a loss of impartiality as defined by federal laws and
regulations. The form may be viewed and downloaded through the ``Ethics
Requirements for Advisors'' link on the EPA NDWAC Web site at http://water.epa.gov/drink/ndwac/fact.cfm. Other sources, in addition to this
Federal Register notice, may also be utilized in the solicitation of
nominees. To help EPA in evaluating the effectiveness of its outreach
efforts, please tell us how you learned of this opportunity.

    Dated: June 25, 2015.
Peter Grevatt,
Director, Office of Ground Water and Drinking Water.
[FR Doc. 2015-16198 Filed 7-1-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: November 14, 2008 (Volume 73, Number 221)]
[Rules and Regulations]
[Page 67379-67383]
[DOCID:fr14no08-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27011; Directorate Identifier 2006-NM-175-AD;
Amendment 39-15722; AD 2008-23-01]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A318, A319, A320, and A321
Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to certain Airbus Model A318, A319, A320, and A321
airplanes. That AD currently requires inspecting to determine the part
number and serial number of the fuel tank boost pumps and, for
airplanes with affected pumps, revising the airplane flight manual
(AFM) and the FAA-approved maintenance program. The existing AD also
provides for optional terminating action for compliance with the
revisions to the AFM and the maintenance program. This new AD requires
modifying or replacing the fuel tank boost pumps, which would terminate
the AFM limitations and the maintenance program revisions. This AD
results from a report that a fuel tank boost pump failed in service,
due to a detached screw of the boost pump housing that created a short
circuit between the stator and rotor of the boost pump motor and
tripped a circuit breaker. We are issuing this AD to prevent electrical
arcing in the fuel tank boost pump motor, which, in the presence of a
combustible air-fuel mixture in the pump, could result in an explosion
and loss of the airplane.

DATES: This AD becomes effective December 19, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of December 19,
2008.
    On July 3, 2006 (71 FR 34814, June 16, 2006), the Director of the
Federal Register approved the incorporation by reference of a certain
other publication.

ADDRESSES: For service information identified in this AD, contact
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; fax +33 5 61 93 44 51; e-mail: account.airworth-
<EMAIL_ADDRESS>Internet http://www.airbus.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2141; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a supplemental notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an AD that supersedes AD 2006-12-02,
amendment 39-14626 (71 FR 34814, June 16, 2006). The existing AD
applies to all Airbus Model A318, A319, A320, and A321 airplanes. That
supplemental NPRM was published in the Federal Register on March 13,
2008 (73 FR 13507). That supplemental NPRM proposed to supersede an
existing AD that currently requires inspecting to determine the part
number and serial number of the fuel tank boost pumps and, for
airplanes with affected pumps, revising the airplane flight manual
(AFM) and the FAA-approved maintenance program. The existing AD also
provides for optional terminating action for compliance with the
revisions to the AFM and the maintenance program. That supplemental
NPRM proposed to require modifying or replacing the fuel tank boost
pumps, which would terminate the AFM limitations and the maintenance
program revisions. That supplemental NPRM proposed to exclude certain
modified airplanes from the applicability, require the AFM/maintenance
program revisions on

additional airplanes, and require modification or replacement of
additional fuel tank boost pumps.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received on the
supplemental NPRM.

Request To Remove Paragraph (k) of the Supplemental NPRM

    Airbus states a concern that we have introduced Airbus Modification
36734/Mandatory Service Bulletin A320-28-1153, dated May 5, 2006, as
terminating action to the AD. Airbus recognizes that this modification
and associated service bulletin were terminating action for AD 2006-12-
02, however Airbus points out that any modified pump installed
according to either Airbus Modification 36734 or Airbus Mandatory
Service Bulletin A320-28-1153 is two-way interchangeable with an
affected pump having a part number ending in -005, -002, or -001.
Airbus points out that Airbus Modification 37508 and Airbus Mandatory
Service Bulletin A320-28-1159, dated January 8, 2007, are the only
means to ensure that no affected pumps are on the airplanes. Further,
Airbus states that operators that do not use Airbus Mandatory Service
Bulletin A320-28-1159 will not be allowed to update their AFMs.
    From these statements, we infer that Airbus is requesting that we
remove paragraph (k) of the supplemental NPRM, which provides credit
for actions done using Airbus Mandatory Service Bulletin A320-28-1153,
and that we remove reference to Airbus Modification 36734 from the
applicability statement of the supplemental NPRM. We do not agree. This
AD requires accomplishment of Airbus Mandatory Service Bulletin A320-
28-1159, which, as Airbus points out, allows operators to remove the TR
from the AFM. We have determined that any affected fuel pump modified
in accordance with the actions specified in Airbus Mandatory Service
Bulletin A320-28-1153 (Modification 36734) will be the same as any
affected fuel pump modified in accordance with Airbus Mandatory Service
Bulletin A320-28-1159. Therefore, paragraph (k) of this AD merely
provides credit to operators that have previously modified an affected
fuel pump before the effective date of this AD using Airbus Mandatory
Service Bulletin A320-28-1153 for that pump only. While we understand
Airbus' concern that the modified pumps may be interchanged with
unmodified pumps, we note that paragraph (j) of this AD allows removal
of the AFM TR only if all pumps have been replaced or modified.
Therefore, we have made no change to this AD in this regard.

Request To Refer to Latest Temporary Revision (TR)

    Airbus notes that Airbus TR 4.03.00/28, Issue 02, dated May 18,
2007, to the Airbus A318/319/320/321 AFM has replaced Airbus TR
4.03.00/28, dated May 4, 2006. From this statement, we infer that
Airbus requests that we revise this AD to refer to Airbus TR 4.03.00/
28, Issue 02. Because Airbus TR 4.03.00/28, Issue 02, is already
referred to in paragraph (g)(2) of this AD, we do not agree that any
change to the AD is necessary in this regard.

Request To Remove Certain Fuel Boost Pumps

    Air Transport Association (ATA), on behalf of one of its members,
Northwest Airlines (NWA), states that the proposed actions should not
apply to fuel boost pumps below serial number (S/N) 6137 and that no
operating restrictions should be placed on airplanes with those pumps.
NWA states that there have been no definitive findings of missing or
loose fasteners on pumps below S/N 6137. NWA further asserts that the
fuel boost pump vendor, Eaton, has indicated the cause of the unsecured
nuts was errors made by a robotic tool used during assembly, which was
not used prior to S/N 6137 and not used on any older pump part numbers.
    From these statements, we infer that the commenters request that we
remove fuel boost pumps having S/N below S/N 6137 from the requirements
of this AD. We do not agree. While it is true that there have not been
any confirmed loose or missing fasteners found on the -001, -002, or -
005 Eaton fuel boost pump with a serial number below S/N 6137, these
pumps are vulnerable to the same unsafe condition. We, along with
Airbus and the European Aviation Safety Agency (EASA), have determined
that all of the subject fuel boost pumps might have had inadequate
torque applied to the screws during assembly, whether hand-driven
(below S/N 6137) or robotic-driven (above S/N 6137). Therefore, the
operational restriction must be applied to all airplanes with the
affected Eaton fuel boost pumps installed until the fuel boost pumps
are modified in accordance with the AD. We have made no change to the
AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the
comments received on the supplemental NPRM, and determined that air
safety and the public interest require adopting the AD as proposed in
the supplemental NPRM.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators
to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Average labor                            Cost per        Number of U.S.-
               Action                  Work hours     rate per hour          Parts             airplane      registered airplanes        Fleet cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Identification of boost pumps......               1             $80  None.................             $80  670..................  $53,600.
Revisions to AFM and maintenance                  1              80  None.................              80  Up to 670............  Up to $53,600.
 program.
Modifications......................               3              80  Eaton states that                 240  Up to 670............  Up to $160,800.
                                                                      pumps will qualify
                                                                      for free repair.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 have 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. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing amendment 39-14626 (71 FR
34814, June 16, 2006) and by adding the following new AD:

2008-23-01 Airbus: Amendment 39-15722. Docket No. FAA-2007-27011;
Directorate Identifier 2006-NM-175-AD.

Effective Date

    (a) This AD becomes effective December 19, 2008.

Affected ADs

    (b) This AD supersedes AD 2006-12-02.

Applicability

    (c) This AD applies to Airbus Model A318, A319, A320, and A321
airplanes, certificated in any category, except those airplanes on
which Airbus Modification 36734 or 37508 has been incorporated in
production.

Unsafe Condition

    (d) This AD results from a report that a fuel tank boost pump
failed in service, due to a detached screw of the boost pump housing
that created a short circuit between the stator and rotor of the
boost pump motor and tripped a circuit breaker. We are issuing this
AD to prevent electrical arcing in the fuel tank boost pump motor,
which, in the presence of a combustible air-fuel mixture in the
pump, could result in an explosion and loss of the airplane.

Compliance

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

Restatement of Certain Requirements of AD 2006-12-02

Part and Serial Number Inspection

    (f) Within 10 days after July 3, 2006 (the effective date of AD
2006-12-02), inspect to determine the part number (P/N) and serial
number (S/N) of each fuel tank boost pump installed in the wing and
center fuel tanks. A review of maintenance records may be performed
instead of the required inspection if the P/N and S/N of the fuel
boost pump can be conclusively determined from that review. Airbus
Mandatory Service Bulletin A320-28-1152, dated May 5, 2006; or
Revision 01, dated July 17, 2006; is acceptable for complying with
the requirements of this paragraph.

Revisions to Airplane Flight Manual (AFM)/Maintenance Program

P/N 568-1-27202-005 With S/Ns 6137 and Subsequent

    (g) For airplanes equipped with one or more Eaton Aerospace
Limited (formerly FR-HITEMP Limited) fuel boost pumps, having P/N
568-1-27202-005 with S/N 6137 and subsequent: Prior to further
flight after accomplishing the inspection required by paragraph (f)
of this AD, do the actions specified in paragraphs (g)(1) and
(g)(2), as applicable of this AD, until the modifications/
replacements required by paragraph (j) of this AD have been done.
    (1) Revise the Limitations section of the Airbus A318/319/320/
321 AFM (``the AFM'') and the FAA-approved maintenance program by
incorporating the following. This may be accomplished by inserting
copies of this AD into the AFM and the maintenance program.
    ``Apply the following procedure at each fuel loading:

Refueling:
    Before refueling, all pumps must be turned off, in order to
prevent them from automatically starting during the refueling
process.
Ground fuel transfer:
    For all aircraft, do not start a fuel transfer from any wing
tank, if it contains less than 700 kg (1,550 lb) of fuel.
    For A318, A319, and A320 aircraft with a center tank, do not
start a fuel transfer from the center tank, if it contains less than
2,000 kg (4,500 lb) of fuel.
    If a tank has less than the required quantity, it is necessary
to add fuel (via a transfer from another tank or refueling) to
enable a transfer to take place.
Defueling:
    For all aircraft, when defueling the wings, do not start the
fuel pumps if the fuel quantity in the inner tank (wing tank for
A321) is below 700 kg (1,550 lb). If the fuel on the aircraft is not
sufficient to achieve the required fuel distribution, then transfer
fuel or refuel the aircraft to obtain the required fuel quantity in
the wing tank.
    For A318, A319, and A320 aircraft with a center tank, when
performing a pressure defuel of the center tank, make sure that the
center tank contains at least 2,000 kg (4,500 lb) of fuel. If it has
less than the required quantity, then transfer fuel to the center
tank. Defuel the aircraft normally, and turn OFF the center tank
pumps immediately after the FAULT light on the corresponding
pushbutton-switch comes on.''

    (2) For all airplanes equipped with a center tank (Modification
20024) excluding A321 models, revise the Limitations section of the
Airbus A318/319/320/321 AFM (``the AFM'') to incorporate the changes
specified in Airbus Temporary Revision (TR) 4.03.00/28, dated May 4,
2006; or 4.03.00/28, Issue 02, dated May 18, 2007. This may be
accomplished by inserting a copy of the TR into the AFM. When
general revisions of the AFM have been issued that incorporate the
revisions specified in the TR, the copy of the TR may be removed
from the AFM, provided the relevant information in the general
revision is identical to that in TR 4.03.00/28, dated May 4, 2006;
or 4.03.00/28, Issue 02, dated May 18, 2007.

New Requirements of This AD

Part and Serial Number Inspection

    (h) For all airplanes: Within 10 days after the effective date
of this AD, inspect to determine the type and part number of each
fuel tank boost pump installed in the wing and center fuel tanks. A
review of maintenance records may be performed instead of the
required inspection if the part number and serial number of the fuel
boost pump can be conclusively determined from that review. Airbus
Mandatory Service Bulletin A320-28-1159, dated January 8, 2007, is
acceptable for complying with the requirements of this paragraph.

Revisions to AFM/Maintenance Program: P/Ns 568-1-27202-001 and -002;
and P/N 568-1-27202-005 With S/Ns Below 6137

    (i) For airplanes equipped with one or more Eaton Aerospace
Limited (formerly FR-

HITEMP Limited) fuel boost pumps, having P/N 568-1-27202-001 or 568-
1-27202-002; or P/N 568-1-27202-005 with any serial number below
6137: Before further flight after accomplishing the inspection
required by paragraph (h) of this AD, do the actions specified in
paragraphs (g)(1) and (g)(2) of this AD, as applicable, until the
modifications/replacements required by paragraph (j) of this AD have
been done.

Terminating Action

    (j) For airplanes equipped with one or more Eaton Aerospace
Limited (formerly FR-HITEMP Limited) fuel boost pumps, having P/N
568-1-27202-001, -002, or -005: Within 5,000 flight hours or 18
months, whichever occurs first after the effective date of this AD,
modify or replace affected fuel boost pumps in accordance with the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A320-28-1159, dated January 8, 2007. Modification or replacement of
all affected fuel tank boost pumps on an airplane terminates the
requirements of this AD, and the limitations required by paragraph
(g) of this AD may be removed from the Airbus A318/319/320/321 AFM
and the maintenance program for that airplane.

    Note 1: For additional sources of service information for the
fuel pump modification/replacement, Airbus Mandatory Service
Bulletin A320-28-1159, dated January 8, 2007, refers to EATON
Service Bulletin 8410-28-05, dated October 2, 2006.

Credit for Actions Done Using Alternative Service Information

    (k) Modification of a fuel pump before the effective date of
this AD in accordance with Airbus Mandatory Service Bulletin A320-
28-1153, dated May 5, 2006, is acceptable for compliance with the
corresponding requirements of paragraph (j) of this AD, for that
pump only.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, ATTN: Tim Dulin, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-2141; fax<PHONE_NUMBER>; has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (3) AMOCs approved previously in accordance with AD 2006-12-02
are approved as AMOCs for the corresponding provisions of this AD.

Related Information

    (m) European Aviation Safety Agency airworthiness directive
2007-0218, dated August 10, 2007, also addresses the subject of this
AD.

Material Incorporated by Reference

    (n) You must use the service information specified in Table 1 of
this AD to perform the actions that are required by this AD, as
applicable, unless the AD specifies otherwise.

                                 Table 1--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
        Service information                   Revision/issue level                          Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin    Original.............................  May 5, 2006.
 A320-28-1152, including Appendix
 01.
Airbus Mandatory Service Bulletin    Revision 01..........................  July 17, 2006.
 A320-28-1152, including Appendix
 01.
Airbus Mandatory Service Bulletin    Original.............................  January 8, 2007.
 A320-28-1159.
Airbus Temporary Revision 4.03.00/   Original.............................  May 4, 2006.
 28.
Airbus Temporary Revision 4.03.00/   Issue 02.............................  May 18, 2007.
 28 to the Airbus A318/319/320/321
 Airplane Flight Manual.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of the documents specified in Table 2 of
this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

                                 Table 2--New Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
        Service information                   Revision/issue level                          Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin    Original.............................  May 5, 2006.
 A320-28-1152, including Appendix
 01.
Airbus Mandatory Service Bulletin    Revision 01..........................  July 17, 2006.
 A320-28-1152, including Appendix
 01.
Airbus Mandatory Service Bulletin    Original.............................  January 8, 2007.
 A320-28-1159.
Airbus Temporary Revision 4.03.00/   Issue 02.............................  May 18, 2007.
 28 to the Airbus A318/319/320/321
 Airplane Flight Manual.
----------------------------------------------------------------------------------------------------------------

    (2) On July 3, 2006 (71 FR 34814, June 16, 2006), the Director
of the Federal Register previously approved the incorporation by
reference of Airbus Temporary Revision 4.03.00/28, dated May 4,
2006.
    (3) Contact Airbus, Airworthiness Office--EAS, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex, France; fax +33 5 61 93 44
51; e-mail<EMAIL_ADDRESS>Internet http://
www.airbus.com, for a copy of this service information. You may
review copies at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on October 24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-25997 Filed 11-13-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Notices]
[Pages 61645-61647]
[FR Doc No: 2012-24886]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67973; File No. SR-ISE-2012-73]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Make Non-Substantive Clarifications to the Exchange's
Schedule of Fees

October 3, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 25, 2012, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission (the ``Commission'') the proposed rule change as
described in Items I, II, and III below, which items have been prepared
by the self-regulatory organization. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The ISE is proposing to make non-substantive clarifications to its
Schedule of Fees. The text of the proposed rule change is available on
the Exchange's Web site (http://www.ise.com), at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    On July 25 of this year, the Exchange submitted a rule filing to
relocate various fees within the Exchange's Schedule of Fees (the ``old
fee schedule'') to group fees so that the Exchange's fees would be
easily located within the fee schedule (the ``re-formatted fee
schedule'').\3\ The Exchange did not propose to make any substantive
changes in that filing, and did not change the manner in which it
assessed the fees as a result of the adoption of the re-formatted fee
schedule. Nevertheless, some uncertainty as to the application of
certain fees and rebates was introduced by the re-formatted fee
schedule. The purpose of this proposed rule change is to make two
clarifications on the re-formatted fee schedule. The Exchange is not
proposing any substantive changes to its fees.
---------------------------------------------------------------------------

    \3\ See Exchange Act Release No. 67545 (July 31, 2012), 77 FR
46776 (August 6, 2012) (SR-ISE-2012-65).
---------------------------------------------------------------------------

    First, on the old fee schedule, there was a footnote to the
crossing order execution fees for Select Symbols \4\ stating that a
rebate of $0.15 per contract for Facilitation and Solicited Orders, and
$0.25 per contract for PIM orders, applied to contracts that do not
trade with their contra order. This footnote indicated that the rebate
would be applied in lieu of the execution fee. On the re-formatted fee
schedule, separate columns were added to the table of fees for Select
Symbols to indicate these rebates. As a result, it might not be clear
that the execution fee for crossing orders is not applied to contracts
that receive the rebate. Accordingly, the Exchange proposes to add the
following text in the footnotes to each rebate: ``The fee for Crossing
Orders is not applied to any contracts for which a rebate is
provided.''
---------------------------------------------------------------------------

    \4\ ``Select Symbols'' are options overlying C, BAC, SPY, IWM,
XLF, GE, JPM, INTC, RIMM, T, VZ, UNG, FCX, CSCO, DIA, X, AA, AIG,
AXP, BBY, CAT, CHK, DNDN, EEM, EFA, EWZ, F, FAS, FAZ, FSLR, GDX,
GLD, IYR, MGM, MS, MSFT, MU, PBR, PG, POT, RIG, SLV, XLE, XOM, ABX,
BMY, BP, DELL, FXI, HAL, IBM, KO, LVS, MCD, MO, MON, NOK, ORCL, PFE,
QCOM, SLB, SNDK, TBT, USO, V, VALE, WFT, XLI, XRT, YHOO, AKAM, AMD,
APC, BA, BRCM, GG, HPQ, LCC, NEM, NFLX, NVDA, QID, TEVA, TLT, UAL,
WFC, XLB, SBUX, VVUS, MSI, AAPL, BIDU, and VXX.
---------------------------------------------------------------------------

    Second, on the old fee schedule, an execution fee of $0.20 per
contract was specified for Non-Select Symbols \5\ for ``Customer
(entered in response to special order broadcast).'' This fee was
adopted in January 2007 and has always been applied to ``response
messages'' entered with respect to a particular broadcast message, but
not to orders that are received on the limit order book after an
auction commences.\6\ The Exchange later adopted a similar response fee
for Regular Orders in Select Symbols,\7\ for complex orders in Select
Symbols \8\ and then for Regular Orders in Special Non-Select Penny
Pilot Symbols \9\ of $0.40 per contract, and more recently, adopted a
fee for complex orders in Non-Penny Pilot Symbols \10\ of $0.70 per
contract ($0.75 per contract for Non-ISE Market Makers (FarMM)) for
responses to special orders,\11\ but specified that a ``response'' is
any contra-side interest submitted after the commencement of an
auction. Thus, the fees for Regular Orders in Select Symbols and
Special Non-Select Penny Pilot Symbols and all complex orders are
applied to both response messages and to orders received on the limit
order book after an auction commences, whereas the fees for Regular
Orders in Non-Select Symbols are applied to response messages.
---------------------------------------------------------------------------

    \5\ ``Non-Select Symbols'' are options overlying all symbols
excluding Select Symbols and Special Non-Select Penny Pilot Symbols.
    \6\ See Exchange Act Release No. 55060 (Jan. 8, 2007), 72 FR
2050 (Jan. 17, 2007) (SR-ISE-2006-72).
    \7\ See Exchange Act Release No. 63283 (Nov. 9, 2010), 75 FR
70059 (Nov. 16, 2010) (SR-ISE-2010-106).
    \8\ See Exchange Act Release No. 65550 (October 13, 2011), 76 FR
64984 (October 19, 2012 [sic]) (SR-ISE-2011-65). In this filing, the
Exchange also adopted a response fee for complex orders for symbols
that are in the Penny Pilot Program.
    \9\ See Exchange Act Release No. 67201 (June 14, 2012), 77 FR
37082 (June 20, 2012) (SR-ISE-2012-49). ``Special Non-Select Penny
Pilot Symbols'' are options overlying ACI, AGNC, AMLN, AMZN, ANR,
APA, ARNA, ATPG, AUY, BAX, BTU, CLF, COP, CRM, CVX, DAL, DD, DE,
DIS, DOW, EBAY, FDX, GLW, GM, GMCR, GS, HD, HGSI, JCP, JOY, KBH,
KGC, LULU, MA, MBI, MCP, MDT, MMR, MOS, MRK, NKE, PEP, QQQ, S, SD,
SDS, SHLD, SINA, SIRI, SLW, SSO, TZA, UNP, UPS, USB, UTX, VLO, WAG,
WDC, WLT, WYNN, XHB, XLK, XLU and ZNGA.
    \10\ See Exchange Act Release No. 66084 (January 3, 2012), 77 FR
1103 (January 9, 2012) (SR-ISE-2011-84). This fee was later
increased to $0.75 per contract ($0.78 per contract for Non-ISE
Market Makers). See Exchange Act Release No. 66962 (May 10, 2012),
77 FR 28917 (May 16, 2012) (SR-ISE-2012-35).
    \11\ The term ``special order'' was changed to ``crossing
order'' in the re-formatted fee schedule.
---------------------------------------------------------------------------

    When the fee schedule was re-formatted, a single definition of
``Response to Crossing Orders'' that reflects the definition for
Regular Orders in Select Symbols and Special Non-Select Penny Pilot
Symbols and all complex orders was added to the Preface of the fee
schedule. Because the defined terms in the Preface apply to all
symbols, including Non-Select Symbols, it appears as though regular
customer orders received after the commencement of an auction in Non-
Select Symbols are now being charged the $0.20 response fee when that
is not the case. Accordingly, the Exchange proposes to amend the
Preface of the fee schedule to clearly indicate that the current
definition of ``Responses to Crossing Order'' is applicable to Regular
Orders in Select Symbols and Special Non-Select Penny Pilot Symbols and
all complex orders and to add the appropriate definition for Non-Select
Symbols as follows:
    [rtarr8] ``Responses to Crossing Order'' (other than Regular Orders
in Non-Select Symbols) is any contra-side interest submitted after the
commencement of an auction in the Exchange's Facilitation Mechanism,
Solicited Order Mechanism, Block Order Mechanism or PIM.
    [rtarr8] ``Responses to Crossing Order'' (for Regular Orders in
Non-Select Symbols) is any response message entered with respect to a
specific auction in the Exchange's Facilitation Mechanism, Solicited
Order Mechanism, Block Order Mechanism or PIM.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Schedule of
Fees is consistent with Section 6(b) of the Securities and Exchange Act
of 1934 (the ``Exchange Act'') \12\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \13\ in particular, in that it
is an equitable allocation of reasonable dues, fees and other charges
among Exchange members and other persons using its facilities. The
Exchange believes that its proposal to clarify the application of
certain fees is both reasonable and equitable because members would
benefit from clear guidance in the fee schedule that describes the
manner in which the Exchange would assess fees. The

Exchange believes the proposed rule change is also reasonable because
it makes clarifying changes to the Preface and to footnotes and thereby
provides greater transparency to the Exchange's Schedule of Fees.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\14\ At any time within 60 days of the
filing of such proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2012-73 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2012-73. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2012-73 and should be
submitted on or before October 31, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-24886 Filed 10-9-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 14, 2010 (Volume 75, Number 9)]
[Notices]
[Page 2134-2136]
[DOCID:fr14ja10-50]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF10-2-000]

Northern Border Pipeline Company; Notice of Intent To Prepare an
Environmental Assessment for the Planned Princeton Lateral Project,
Request for Comments on Environmental Issues, and Notice of Public
Scoping Meeting

January 7, 2010.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Princeton Lateral Project
involving construction and operation of facilities by Northern Border
Pipeline Company (Northern Border) in Bureau County, Illinois. This EA
will be used by the Commission in its decision-making process to
determine whether the project is in the public convenience and
necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues need to be evaluated in the EA. Please note that
the scoping period will close on February 8, 2010.
    Comments may be submitted in written form or verbally. Further
details on how to submit written comments are provided in the Public
Participation section of this notice. In lieu of or in addition to
sending written comments, we invite you to attend the public

scoping meeting we have scheduled as follows:

------------------------------------------------------------------------
             Date and time                           Location
------------------------------------------------------------------------
January 21, 2010, 7 p.m. (CST).........  Princeton Public Library, 698
                                          East Peru Street, Princeton,
                                          Illinois 61356.
------------------------------------------------------------------------

    This notice is being sent to the Commission's current environmental
mailing list for this project, which includes affected landowners;
Federal, State, and local government representatives and agencies;
elected officials; environmental and public interest groups; Native
American Tribes; other interested parties; and local libraries and
newspapers. State and local government representatives are asked to
notify their constituents of this planned project and encourage them to
comment on their areas of concern.
    If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the planned facilities.
The company would seek to negotiate a mutually acceptable agreement.
However, if the project is approved by the Commission, that approval
conveys with it the right of eminent domain. Therefore, if easement
negotiations fail to produce an agreement, the pipeline company could
initiate condemnation proceedings in accordance with State law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (http://www.ferc.gov). This fact sheet
addresses a number of typically asked questions, including the use of
eminent domain and how to participate in the Commission's proceedings.

Summary of the Planned Project

    Northern Border plans to construct and operate approximately 8.9
miles of 16-inch-diameter pipeline in Bureau County, Illinois. The
Princeton Lateral Project would provide about 120 million standard
cubic feet of natural gas per day to the Central Illinois Light Company
(CILCO), a local distribution company. Northern Border states that its
project would provide CILCO with the natural gas pipeline capacity to
meet the natural gas demand in its service territory.
    The Princeton Lateral Project would consist of the following
facilities:
     Approximately 8.9 miles of 16-inch-diameter pipeline;
     One pig\1\ launcher assembly; and
---------------------------------------------------------------------------

    \1\ A pipeline ``pig'' is a device designed to internally clean
or inspect the pipeline. A pig launcher/receiver is an aboveground
facility where pigs are inserted or retrieved from the pipeline.
---------------------------------------------------------------------------

     One delivery meter station and appurtenant facilities.
    The general location of the project facilities is shown in appendix
1.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of appendices were sent to
all those receiving this notice in the mail and are available at
http://www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction of the planned facilities would disturb about 88.7
acres of land for the aboveground facilities and the pipeline.
Following construction, about 54.6 acres would be maintained for
permanent operation of the project's facilities; the remaining acreage
would be restored and allowed to revert to former uses.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\3\ to discover and address concerns the public may have about
proposals. This process is referred to as scoping. The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. All comments
received will be considered during the preparation of the EA.
---------------------------------------------------------------------------

    \3\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the planned project under these
general headings:
     Geology and soils;
     Land use;
     Water resources, fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife;
     Air quality and noise;
     Endangered and threatened species; and
     Public safety.
    We will also evaluate possible alternatives to the planned project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before an
application is filed with the FERC. As part of our pre-filing review,
we have begun to contact some Federal and State agencies to discuss
their involvement in the scoping process and the preparation of the EA.
    Our independent analysis of the issues will be presented in the EA.
Depending on the comments received during the scoping process, the EA
may be published and mailed to those on our environmental mailing list.
A comment period will be allotted for review if the EA is published. We
will consider all comments on the EA before we make our recommendations
to the Commission. To ensure your comments are considered, please
carefully follow the instructions in the Public Participation section
below.
    With this notice, we are asking agencies with jurisdiction and/or
special expertise with respect to environmental issues to formally
cooperate with us in the preparation of the EA. These agencies may
choose to participate once they have evaluated the proposal relative to
their responsibilities. Agencies that would like to request cooperating
agency status should follow the instructions for filing comments
provided under the Public Participation section of this notice.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the

more useful they will be. To ensure that your written comments are
timely and properly recorded, please send in your comments so that they
will be received in Washington, DC on or before February 8, 2010.
    For your convenience, there are three methods which you can use to
submit your written comments to the Commission. The Commission
encourages electronic filing of comments and has expert eFiling staff
available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the Quick
Comment feature, which is located at http://www.ferc.gov under the link
called ``Documents and Filings.'' A Quick Comment is an easy method for
interested persons to submit text-only comments on a project;
    (2) You may file your comments electronically by using the
``eFiling'' feature that is listed under the ``Documents and Filings''
link. eFiling involves preparing your submission in the same manner as
you would if filing on paper, and then saving the file on your
computer's hard drive. You will attach that file to your submission.
New eFiling users must first create an account by clicking on the links
called ``Sign up'' or ``eRegister''. You will be asked to select the
type of filing you are making. A comment on a particular project is
considered a ``Comment on a Filing''; or
    (3) You may file your comments with the Commission via mail by
sending an original and two copies of your letter to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Room 1A, Washington, DC 20426.
    In all instances, please reference the project docket number (PF10-
2-000) with your submission. Label one copy of the comments for the
attention of Gas Branch 1, PJ-11.1.

Environmental Mailing List

    An effort is being made to send this notice to all individuals,
organizations, and government entities interested in and/or potentially
affected by the planned project. This includes all landowners who are
potential right-of-way grantors, whose property may be used temporarily
for project purposes, or who own homes within certain distances of
aboveground facilities (as defined in the Commission's regulations), as
well as those who comment on the project.

Becoming an Intervenor

    Once Northern Border files its application with the Commission, you
may want to become an ``intervenor,'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are
included in the User's Guide under the ``eFiling'' link on the
Commission's Web site. Please note that you may not request intervenor
status at this time. You must wait until a formal application for the
project is filed with the Commission.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Web site (http://www.ferc.gov) using the eLibrary link. Click on
the eLibrary link, click on ``General Search'' and enter the docket
number, excluding the last three digits, in the Docket Number field. Be
sure you have selected an appropriate date range. For assistance,
please contact FERC Online Support at<EMAIL_ADDRESS>or
toll free at 1-866-208-3676, or for TTY, contact<PHONE_NUMBER>. The
eLibrary link also provides access to the texts of formal documents
issued by the Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/
EventsList.aspx along with other related information.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-532 Filed 1-13-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 12, 2008 (Volume 73, Number 92)]
[Notices]
[Page 27022]
[DOCID:fr12my08-69]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) received a request for a waiver of compliance with certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Northeast Illinois Railroad Corporation

(Waiver Petition Docket Number FRA-2008-0019)

    The Northeast Illinois Railroad Corporation (Metra), a commuter
passenger railroad, seeks a waiver of compliance from the requirements
of 49 CFR 223.9 Requirements for new or rebuilt equipment for Two
highway capable vehicles/locomotives. Specifically, Metra petitioned
FRA for a waiver from compliance for two hi-rail locomotive vehicles
manufactured by Brandt Road Rail Corporation, numbers 05008 and 05009.
These vehicles would be utilized to move stranded passenger trains
during a rescue operation.
    Metra operates a commuter railroad in the six northeast counties of
Illinois, surrounding the city of Chicago. There are approximately 787
daily trains over twelve separate line segments, with a fleet of 142
locomotives, 173 MU locomotives, and 822 cab control/trailer cars.
    The petitioner believes that these Brandt hi-rail vehicles/
locomotives can be safely operated with the current non-compliant
shatter resistant safety-type glazing. If compliant FRA Types II
glazing were installed in these vehicles in the drivers and passenger
doors, the side facing windows could not roll down when needed, thus
becoming stationary. Metra intends to install compliant FRA Type I
glazing in the front windshield and rear facing window on these
vehicles.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2008-0019) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC on May 6, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E8-10471 Filed 5-9-08; 8:45 am]

BILLING CODE 4910-06-P