[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Proposed Rules]
[Pages 60352-60356]
[FR Doc No: 2022-21573]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1251; Project Identifier MCAI-2022-00588-T]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Bombardier, Inc., Model BD-100-1A10 airplanes. This proposed AD
was prompted by an investigation that indicated that one of the springs
in the pitch trim switch of the horizontal stabilizer had failed. The
failure of the spring could result in the airplane pitching nose down
when actually commanded nose up. This proposed AD would require a
verification of the serial numbers of certain pitch trim switches, and
replacement of the affected pitch trim switches with new ones in the
pilot and co-pilot control wheels. This proposed AD would also prohibit
the installation of affected parts. 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 November
21, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Bombardier
Business Aircraft Customer Response

Center, 400 C[ocirc]te Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9,
Canada; telephone 1-514-855-2999; email bombardier.com">[email protected]bombardier.com;
internet bombardier.com. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for
and locating Docket No. FAA-2022-1251; or in person at Docket
Operations between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The AD docket contains this NPRM, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer,
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1251; Project Identifier
MCAI-2022-00588-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
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

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

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2022-24, dated May 2, 2022
(TCCA AD CF-2022-24) (also referred to after this as the MCAI), to
correct an unsafe condition on all Bombardier, Inc., Model BD-100-1A10
airplanes. The MCAI states that during several in-service events,
following a stab trim fault advisory message and an auto-pilot
disconnect, both pilot and co-pilot commands to trim the horizontal
stabilizer nose-up resulted in a nose-down movement of the horizontal
stabilizer. In two events, the horizontal stabilizer reached the full
travel nose-down position before the crew recognized the nature of the
problem, and quickly recovered control of the airplane for safe
landing. As a result, this led to increased crew workload and reduced
safety margins.
    Subsequent investigation by Bombardier and the supplier of the
horizontal stabilizer pitch trim switch determined that one of the
springs within the pitch trim switch had failed. The supplier of the
springs was changed in 2019. The majority of observed pitch trim switch
failures occurred in pitch trim switches that were manufactured after
2019.
    TCCA AD CF-2022-24 requires the replacement of the affected pitch
trim switches with re-designed pitch trim switches that have reliable
springs. The FAA is issuing this AD to address the failure of the
springs in the pitch trim switch, which, if not corrected, could result
in the airplane pitching nose down when actually commanded nose up,
resulting in reduced controllability of the airplane and high control
forces.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1251.

Related Service Information Under 1 CFR Part 51

    The FAA has reviewed Bombardier Service Bulletin 100-27-21, dated
March 21, 2022, for Model BD-100-1A10 (CH-300) airplanes, S/Ns 20003 to
20500. This service information describes procedures for verifying
serial numbers (S/Ns) of certain pitch trim switch part numbers in the
pilot and co-pilot control wheels, and replacing affected pitch trim
switches.
    The FAA has also reviewed Bombardier Service Bulletin 350-27-011,
dated March 21, 2022, for Model BD-100-1A10 (CH-350) airplanes, S/Ns
20501 to 20936. This service information describes procedures for
verifying S/Ns of certain pitch trim switch part numbers in leather and
non-leather covered pilot and co-pilot control wheels, and replacing
affected pitch trim switches.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

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

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described. This proposed AD would
also prohibit the installation of affected pitch trim switches.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 697 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost                  Parts          product
----------------------------------------------------------------------------------------------------------------
Switch inspection.............................  1 work-hour x $85 per hour = $85             N/A         $59,245
----------------------------------------------------------------------------------------------------------------

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost                  Parts          product
----------------------------------------------------------------------------------------------------------------
Switch replacement (Airplane S/Ns 20003-20500)  4 work-hours x $85 per hour =             $2,352          $2,692
                                                 $340.
Switch replacement (Airplane S/Ns 20501-20936)  4 work-hours x $85 per hour =              2,442           2,782
                                                 $340.
----------------------------------------------------------------------------------------------------------------

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

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Bombardier, Inc.: Docket No. FAA-2022-1251; Project Identifier MCAI-
2022-00588-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by November 21, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Bombardier, Inc., Model BD-100-1A10
airplanes, all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
Controls.

(e) Unsafe Condition

    This AD was prompted by the investigation that one of the
springs in the pitch trim switch for the horizontal stabilizer had
failed. The FAA is issuing this AD to address the failure of the
springs in the pitch trim switch. The unsafe condition, if not
corrected, could result in the airplane pitching nose down when
actually commanded nose up, and the flightcrew may not be able to
regain control of the horizontal stabilizer, resulting in reduced
controllability of the airplane and high control forces.

(f) Compliance

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

(g) Review of the Airplane Records

    Within 200 flight hours or 6 months, whichever occurs first,
from the effective date of this AD, review the airplane (technical)
records for the horizontal stabilizer pitch trim switches and
control wheels to determine the date of replacement, if any, of the
pilot or co-pilot trim switch and control wheels.
    (1) If the pilot or co-pilot pitch trim switch or control wheels
were removed after January 1, 2019, and the replacement pitch trim
switches have serial numbers 02000 and subsequent, then no further
action is required other than compliance with paragraph (j) of this
AD.
    (2) For airplanes with serial numbers (S/Ns) 20003 through 20780
inclusive: If no pilot or co-pilot pitch trim switch or control
wheel was replaced after January 1, 2019, then no further action is
required other than compliance with paragraph (j) of this AD.
    (3) For airplanes with S/Ns 20901 through 20936 inclusive: If no
pilot or co-pilot pitch trim switch or control wheel has been
replaced on an airplane, then no further action is required other
than compliance with paragraph (j) of this AD.

(h) Verification and Replacement of Pitch Trim Switches

    For airplanes not identified in paragraphs (g)(1) through (3) of
this AD: Within 200 flight hours or 6 months, whichever occurs
first, from the effective date of this AD, identify the serial
numbers of both the pilot and co-pilot pitch trim switches, and do
the applicable actions specified in paragraph (h)(1) or (2) of this
AD.
    (1) If the pilot or co-pilot pitch trim switch has a serial
number that is not listed in figure 2 to paragraph (h) of this AD,
before further flight re-install the pitch trim switch in accordance
with Section 2.B. of the Accomplishment Instructions of the
applicable service information identified in figure 1 to paragraph
(h) of this AD.
    (2) If the pilot or co-pilot pitch trim switch has a serial
number listed in figure 2 to paragraph (h) of this AD, before
further flight, replace the pitch trim switch in accordance

with Section 2.B. of the Accomplishment Instructions of the
applicable service information identified in figure 1 to paragraph
(h) of this AD.
    (3) Before further flight perform the operational test in
accordance with Section 2.C. of the Accomplishment Instructions of
the applicable service information identified Bombardier SB listed
in figure 1 to paragraph (h) of this AD.
BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TP05OC22.040

[GRAPHIC] [TIFF OMITTED] TP05OC22.041

BILLING CODE 4910-13-C

(i) Verification/Replacement of Pitch Trim Switches for Airplanes With
S/Ns 20501 and Subsequent With Certain Control Wheel P/Ns 83912156 and
83912157

    For airplanes with S/Ns 20501 and subsequent with leather-
covered control wheels, pilot control wheel P/N 83912156, or co-
pilot control wheel P/N 83912157: Within 200 flight hours or 6
months, whichever occurs first, from the effective date of this AD,
remove and inspect both the pilot and co-pilot pitch trim switches
to determine the part number of the pitch trim switch in accordance
with Section 2.B. of the Accomplishment Instructions of Bombardier
Service Bulletin 350-27-011, dated March 21, 2002.
    (1) If pitch trim switch P/N 83452541 or P/N 83452548 is found
installed in either the pilot or the co-pilot control wheel, before
further flight, replace the pitch trim switch with pitch trim switch
P/N 83452548, serial number 02000 and subsequent, in accordance with
Section 2.B. of the Accomplishment Instructions of the applicable
service information identified in figure 1 to paragraph (h) of this
AD.
    (2) Before further flight thereafter perform the operational
test in accordance with Section 2.C. of the Accomplishment
Instructions of Bombardier Service Bulletin 350-27-011, dated March
21, 2002.

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, on
any airplane, a trim switch P/N 83452548 or P/N 83452541 with any
serial number listed in figure 2 to paragraph (h) of this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the responsible Flight
Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) TCCA AD CF-2022-24, dated May 2, 2022, for related
information. This MCAI may be found in the AD docket at
regulations.gov under Docket No. FAA-2022-1251.

    (2) For more information about this AD, contact Thomas Niczky,
Aerospace Engineer, Avionics and Electrical Systems Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email [email protected].
    (3) For service information identified in this AD, contact
Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone 1-514-855-2999; email bombardier.com">[email protected]bombardier.com; internet
bombardier.com. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.

    Issued on September 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-21573 Filed 10-4-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Notices]
[Pages 28045-28046]
[FR Doc No: 2011-11745]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-P-0128]

Determination That XIBROM (Bromfenac Ophthalmic Solution) 0.09%
Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) has determined that
XIBROM (bromfenac ophthalmic solution) 0.09% was not withdrawn from
sale for reasons of safety or effectiveness. This determination will
allow FDA to approve abbreviated new drug applications (ANDAs) for
bromfenac ophthalmic solution 0.09% if all other legal and regulatory
requirements are met.

FOR FURTHER INFORMATION CONTACT: Patrick Raulerson, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, rm. 6368, Silver Spring, MD 20993-0002, 301-
796-3522.

SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price
Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417)
(the 1984 amendments), which authorized the approval of duplicate
versions of drug products under an ANDA procedure. ANDA applicants
must, with certain exceptions, show that the drug for which they are
seeking approval contains the same active ingredient in the same
strength and dosage form as the ``listed drug,'' which is a version of
the drug that was previously approved. ANDA applicants do not have to
repeat the extensive clinical testing otherwise necessary to gain
approval of a new drug application (NDA). The only clinical data
required in an ANDA are data to show that the drug that is the subject
of the ANDA is bioequivalent to the listed drug.
    The 1984 amendments include what is now section 505(j)(7) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which
requires FDA to publish a list of all approved drugs. FDA publishes
this list as part of the ``Approved Drug Products With Therapeutic
Equivalence Evaluations,'' which is known generally as the ``Orange
Book.'' Under FDA regulations, a drug is removed from the list if the
Agency withdraws or suspends approval of the drug's NDA or ANDA for
reasons of safety or effectiveness or if FDA determines that the listed
drug was withdrawn from sale for reasons of safety or effectiveness (21
CFR 314.162).
    A person may petition the Agency to determine, or the Agency may
determine on its own initiative, whether a listed drug was withdrawn
from sale for reasons of safety or effectiveness. This determination
may be made at any time after the drug has been withdrawn from sale,
but must be made prior to approving an ANDA that refers to the listed
drug (Sec.  314.161 (21 CFR 314.161)). FDA may not approve an ANDA that
does not refer to a listed drug.
    XIBROM (bromfenac ophthalmic solution) 0.09% is the subject of NDA
021664 held by ISTA Pharmaceuticals, Inc. (Ista), approved March 24,
2005. XIBROM is a topical nonsteroidal anti-inflammatory drug for the
treatment of postoperative inflammation and reduction of ocular pain in
patients who have undergone cataract extraction.
    In a citizen petition dated March 1, 2011, and in a letter dated
March 3, 2011, Ista informed FDA that it had discontinued shipping
XIBROM (bromfenac ophthalmic solution) 0.09% as of February 28, 2011.
Ista took the position that XIBROM (bromfenac ophthalmic solution)
0.09% had been discontinued for safety reasons.
    After considering the citizen petition and reviewing Agency
records, FDA determined under Sec.  314.161 that XIBROM (bromfenac
ophthalmic solution) 0.09% was not withdrawn for reasons of safety or
effectiveness. We described the basis for this determination in our
letter response to Ista's citizen petition (available on http://www.regulations.gov under Docket No. FDA-2011-P-0128).
    Accordingly, the Agency will continue to list XIBROM (bromfenac
ophthalmic solution) 0.09% in the ``Discontinued Drug Product List''
section of the Orange Book. The ``Discontinued Drug Product List''
delineates, among other items, drug products that have been
discontinued from marketing for reasons other than safety or
effectiveness. ANDAs that refer to XIBROM (bromfenac ophthalmic
solution) 0.09% may be approved by the Agency as long as they meet all
other legal and regulatory requirements for the approval of ANDAs. If
FDA determines that labeling for this drug product should be revised to
meet current standards, the Agency will advise ANDA applicants to
submit such labeling.

    Dated: May 9, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-11745 Filed 5-12-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Notices]
[Pages 15475-15476]
[FR Doc No: 2021-05936]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15094-000]

Ohio Power and Light, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On February19, 2021, Ohio Power and Light, LLC. filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act, proposing to study the feasibility of the Robert C.
Byrd Lock and Dam Hydroelectric Project to be located on the Ohio
River, near the Town of Gallipolis, in Gallia County, Ohio, and Mason
County, West Virginia. The sole purpose of a preliminary permit, if
issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed project would utilize the impoundment formed by the
U.S. Army Corps of Engineers R.C. Byrd Locks and Dam and consist of the
following: (1) A new 150-foot-long by 250-foot-wide concrete-walled
intake/forebay structure; (2) a new 250-foot-wide by 170-foot-long
concrete powerhouse containing four 5.75-megawatt (MW) pit turbine-
generators for a total project capacity of 21.1 MW; (3) a new 300-foot-
long by 300-foot-wide tailrace; (4) a new 60-foot-long by 60-foot-wide
substation; (5) a new 2.41-mile-long, 138-kilovolt transmission line.;
and (6) appurtenant facilities. The estimated annual generation of the
Robert C. Byrd Lock and Dam Hydroelectric Project would be 165,000
megawatt-hours.
    Applicant Contact: Mr. Alan W. Skelly, Ohio Power and Light, LLC.,
127 Longwood Boulevard, Mount Orab, Ohio 45154; phone:<PHONE_NUMBER>.
    FERC Contact: Tyrone Williams; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose,

Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue,
Rockville, Maryland 20852. The first page of any filing should include
docket number P-15094-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-15094) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: March 17, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-05936 Filed 3-22-21; 8:45 am]
BILLING CODE 6717-01-P


  HYPERLINK
"http://www.state.nj.us/dep/baqp/8hrsip/Appendices-Attachments/G%20for%2
0Fleet%20Turnover%20Benefit%20Calculations.zip"  Appendix G  - Onroad
Fleet Turnover Emission Reductions for 2010 (zip file)

ZIP file contains 90 files.

For copies of files access the New Jersey Department of Environmental
Protection web site:

http://www.state.nj.us/dep/baqp/8hrsip/8hrsip.html#final


[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Notices]
[Page 14264]
[FR Doc No: 2020-04903]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88325; File No. SR-NASDAQ-2020-001]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Designation of Longer Period for Commission Action on
Proposed Rule Change To Modify the Delisting Process for Securities
With a Bid Price Below $0.10 and for Securities That Have Had One or
More Reverse Stock Splits With a Cumulative Ratio of 250 or More to One
Over the Prior Two-Year Period

March 5, 2020.
    On January 2, 2020, The Nasdaq Stock Market LLC (``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
modify the delisting process for securities that are in a bid price
compliance period and have a bid price below $0.10 and for securities
that have had one or more reverse stock splits with a cumulative ratio
of 250 or more to one over the prior two-year period. The proposed rule
change was published for comment in the Federal Register on January 22,
2020.\3\ The Commission has received no comments on the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 87982 (January 15,
2020), 85 FR 3736.
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is March 7, 2020.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the proposed rule change so that it has sufficient time to consider the
proposed rule change.
    Accordingly, pursuant to Section 19(b)(2) of the Act,\5\ the
Commission designates April 21, 2020, as the date by which the
Commission shall either approve or disapprove, or institute proceedings
to determine whether to disapprove, the proposed rule change (File No.
SR-NASDAQ-2020-001).
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    \5\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-04903 Filed 3-10-20; 8:45 am]
BILLING CODE 8011-01-P


Method 1103.1: Escherichia coli ( E. coli) in Water by Membrane Filtration Using membrane Thermotolerant Escherichia coli Agar ( mTEC)

September 2002 U. S. Environmental Protection Agency Office of Water ( 4303T) 1200 Pennsylvania Avenue, NW Washington, DC 20460 EPA 821 R 02 020 Disclaimer The Engineering and Analysis Division, of the Office of Science and Technology, has reviewed and approved this report for publication. The Office of Science and Technology directed, managed, and reviewed the work of DynCorp in preparing this report. Neither the United States Government nor any of its employees, contractors, or their employees make any warranty, expressed or implied, or assumes any legal liability or responsibility for any third party s use of or the results of such use of any information, apparatus, product, or process discussed in this report, or represents that its use by such party would not infringe on privately owned rights. This document combines the information previously published in Test Methods for Escherichia coli and Enterococci in Water by the Membrane Filter Procedure ( EPA 600/ 4 85 076) ( Reference 18.7) and Improved Enumeration Methods for the Recreational Water Quality Indicators: Enterococci and Escherichia coli ( EPA/ 821/ R 97/ 004) ( Reference 18.5). Mention of trade names or commercial products does not constitute endorsement or recommendation for use.

Questions concerning this method or its application should be addressed to:

Robin K. Oshiro Engineering and Analysis Division ( 4303T) U. S. EPA Office of Water, Office of Science and Technology 1200 Pennsylvania Avenue, NW Washington, DC 20460 oshiro. robin@ epa. gov 202 566 1075 202 566 1053 ( facsimile) Table of Contents 1.0 Scope and Application ......................................................... 1 2.0 Summary of Method ........................................................... 1 3.0 Definitions................................................................... 1 4.0 Interferences and Contamination ................................................. 1 5.0 Safety ...................................................................... 2 6.0 Equipment and Supplies ........................................................ 2 7.0 Reagents and Standards ........................................................ 3 8.0 Sample Collection, Preservation, and Storage ....................................... 7 9.0 QualityControl ............................................................... 7 10.0 Calibration and Standardization .................................................. 7 11.0 Procedure ................................................................... 7 12.0 Data Analysis and Calculations .................................................. 9 13.0 Method Performance........................................................... 9 14.0 Reporting Results ............................................................ 12 15.0 VerificationProcedure ........................................................ 12 16.0 PollutionPrevention .......................................................... 12 17.0 WasteManagement........................................................... 13 18.0 References.................................................................. 13 Method 1103.1 Escherichia coli ( E. coli) in Water by Membrane Filtration Using membrane Thermotolerant Escherichia coli Agar ( mTEC)

September 2002 1.0 Scope and Application 1.1 This method describes a membrane filter ( MF) procedure for the detection and enumeration of Escherichia coli. Because the bacterium is a natural inhabitant only of the intestinal tract of warm blooded animals, its presence in water samples is an indication of fecal pollution and the possible presence of enteric pathogens.

1.2 The E. coli test is recommended as a measure of recreational fresh water quality. Epidemiological studies have led to the development of criteria which can be used to promulgate recreational water standards based on established relationships between health effects and water quality. The significance of finding E. coli in recreational fresh water samples is the direct relationship between the density of E. coli and the risk of gastrointestinal illness associated with swimming in the water ( Reference 18.3).

1.3 The test for E. coli can be applied to fresh, estuarine, and marine waters.

1.4 Since a wide range of sample volumes or dilutions can be analyzed by the MF technique, a wide range of E. coli levels in water can be detected and enumerated.

2.0 Summary of Method 2.1 The MF method provides a direct count of bacteria in water based on the development of colonies on the surface of the membrane filter ( Reference 18.4). A water sample is filtered through the membrane which retains the bacteria. After filtration, the membrane containing the bacterial cells is placed on a selective and differential medium, mTEC, incubated at 35 ° C for 2 h to resuscitate injured or stressed bacteria, and then incubated at 44.5 ° C for 22 h. Following incubation, the filter is transferred to a filter pad saturated with urea substrate. After 15 min, yellow, yellow green or yellow brown colonies are counted with the aid of a fluorescent lamp and a magnifying lens.

3.0 Definitions 3.1 In this method, E. coli are those bacteria which produce colonies that remain yellow, yellow green or yellow brown on a filter pad saturated with urea substrate broth after primary culturing on mTEC medium.

4.0 Interferences and Contamination 4.1 Water samples containing colloidal or suspended particulate material can clog the membrane filter and prevent filtration, or cause spreading of bacterial colonies which could interfere with identification of target colonies.

September 2002 Method 1103.1 5.0 Safety 5.1 The analyst/ technician must know and observe the normal safety procedures required in a microbiology laboratory while preparing, using, and disposing of cultures, reagents, and materials and while operating sterilization equipment.

5.2 Mouth pipetting is prohibited.

6.0 Equipment and Supplies 6.1 Glass lens with magnification of 2 5x , or stereoscopic microscope.

6.2 Lamp, with a cool, white fluorescent tube.

6.3 Hand tally or electronic counting device.

6.4 Pipet container, stainless steel, aluminum or borosilicate glass, for glass pipets.

6.5 Pipets, sterile, T. D. bacteriological or Mohr, glass or plastic, of appropriate volume.

6.6 Graduated cylinders, 100 1000 mL, covered with aluminum foil or kraft paper and sterile.

6.7 Membrane filtration units ( filter base and funnel), glass, plastic or stainless steel, wrapped with aluminum foil or kraft paper and sterilized.

6.8 Ultraviolet unit for sanitization of the filter funnel between filtrations ( optional).

6.9 Line vacuum, electric vacuum pump, or aspirator for use as a vacuum source. In an emergency or in the field, a hand pump or a syringe equipped with a check valve to prevent the return flow of air, can be used.

6.10 Flask, filter, vacuum, usually 1 L, with appropriate tubing. A filter manifold to hold a number of filter bases is optional.

6.11 Flask for safety trap placed between the filter flask and the vacuum source.

6.12 Forceps, straight or curved, with smooth tips to handle filters without damage.

6.13 Ethanol, methanol or isopropanol in a small, wide mouth container, for flame sterilizing forceps.

6.14 Burner, Bunsen or Fisher type, or electric incinerator unit for sterilizing loops and needles.

6.15 Thermometer, checked against a National Institute of Standards and Technology ( NIST) certified thermometer, or one that meets the requirements of NIST Monograph SP 250 23.

6.16 Petri dishes, sterile, plastic, 9 x 50 mm, with tight fitting lids; or 15 x 60 mm, glass or plastic, with loose fitting lids; or 15 x 100 mm.

6.17 Bottles, milk dilution, borosilicate glass, screw cap with neoprene liners, marked at 99 mL for 1: 100 dilutions. Dilution bottles marked at 90 mL or tubes marked at 9 mL may be used for 1: 10 dilutions.

6.18 Flasks, borosilicate glass, screw cap, 250 2000 mL volume.

6.19 Membrane filters, sterile, white, grid marked, 47 mm diameter, with 0.45 ± 0.02 µ m pore size.

6.20 Absorbent pads, sterile, 47 mm diameter ( usually supplied with membrane filters).

September 2002 2 Method 1103.1 6.21 Inoculation loops, at least 3 mm diameter, and needles, nichrome or platinum wire, 26 B & S gauge, in suitable holders. Sterile disposable applicator sticks or plastic loops are alternatives to inoculation loops.

Note: A platinum loop is required for the cytochrome oxidase test in the verification procedure.

6.22 Incubator maintained at 35 ± 0.5 ° C, with approximately 90% humidity if loose lidded petri dishes are used.

6.23 Waterbath maintained at 44.5 ± 0.5 ° C.

6.24 Waterbath maintained at 50 ° C for tempering agar.

6.25 Test tubes, 20 x 150 mm, borosilicate glass or plastic.

6.26 Test tubes, 10 x 75 mm, borosilicate glass.

6.27 Caps, aluminum or autoclavable plastic, for 20 mm diameter test tubes.

6.28 Test tubes screw cap, borosilicate glass, 16 x 125 mm or other appropriate size.

6.29 Filter Paper.

6.30 Whirl Pak ® bags.

7.0 Reagents and Standards 7.1 Purity of Reagents: Reagent grade chemicals shall be used in all tests. Unless otherwise indicated, reagents shall conform to the specifications of the Committee of Analytical Reagents of the American Chemical Society ( Reference 18.6). The agar used in preparation of the culture media must be of microbiological grade.

7.2 Whenever possible, use commercial culture media as a means of quality control.

7.3 Purity of Water: Reagent water conforming to Specification D1193, Type II water, ASTM Annual Book of Standards ( Reference 18.1).

7.4 Phosphate buffered saline 7.4.1 Composition:

Sodium Dihydrogen Phosphate 0.58 g Sodium Monohydrogen Phosphate 2.5 g Sodium Chloride 8.5 g Reagent Grade Distilled Water 1.0 L 7.4.2 Preparation: Dissolve the ingredients in 1 L of reagent grade distilled water in a flask, and dispense in appropriate amounts for dilutions in screw cap bottles or culture tubes, and/ or into containers for use as rinse water. Autoclave at 121 ° C ( 15 lb pressure) for 15 min. Final pH should be 7.4 ± 0.2.

7.5 Phosphate buffered dilution water ( Reference 18.2)

7.5.1 Composition of Stock Phosphate Buffer Solution:

Phosphate Dihydrogen Phosphate 34.0 g 3 September 2002 Method 1103.1 Reagent Grade Distilled Water 500.0 mL Preparation: Adjust the pH of the solution to 7.2 with 1 N NaOH, and bring the volume to 1 L with reagent grade distilled water. Sterilize by filtration or autoclave at 121 ° C ( 15 lb pressure) for 15 min.

7.5.2 Preparation of Stock Magnesium Chloride Solution: Add 38 g anhydrous MgCl2 or 81.1 g MgCl2 C6H2 O to 1 L reagent grade distilled water. Sterilize by filtration or autoclave at 121 ° C ( 15 lb pressure) for 15 min.

7.5.3 Storage of Stock Solutions: After sterilization, store the stock solutions in the refrigerator until used. Handle aseptically. If evidence of mold or other contamination appears, the affected stock solution should be discarded and a fresh solution should be prepared.

7.5.4 Working Phosphate Buffered Dilution Water: Mix 1.25 mL of the stock phosphate buffer and 5 mL of the MgCl2 stock per liter of reagent grade distilled water. Dispense in appropriate amounts for dilutions in screw cap bottles or culture tubes, and/ or into containers for use as rinse water. Autoclave at 121 ° C ( 15 lb pressure) for 15 min. Final pH should be 7.0 ± 0.2.

7.6 mTEC Agar 7.6.1 Composition:

Protease Peptone # 3 5.0 g Yeast Extract 3.0 g Lactose 10.0 g NaCl 7.5 g Dipotassium Phosphate 3.3 g Monopotassium Phosphate 1.0 g Sodium Lauryl Sulfate 0.2 g Sodium Desoxycholate 0.1 g Brom Cresol Purple 0.08 g Brom Phenol Red 0.08 g Agar 15.0 g Reagent Grade Distilled Water 1.0 L 7.6.2 Preparation: Add dry ingredients to 1 L of reagent grade distilled water in a flask, and heat to boiling until the ingredients dissolve. Autoclave at 121 ° C ( 15 lb pressure) for 15 min, and cool in a 50 ° C waterbath. Pour the medium into each 9 x 50 mm culture dish to a 4 5 mm depth ( approximately 4 6 mL), and allow to solidify. Final pH should be 7.3 ± 0.2. Store in a refrigerator.

7.7 Urea Substrate Medium 7.7.1 Composition:

Urea 2.0 g Phenol Red 0.01 g Reagent Grade Distilled Water 100.0 mL 7.7.2 Preparation: Add dry ingredients to 100 mL reagent grade distilled water in a flask. Stir to dissolve, and adjust to pH 3 4 with 1 N HCl. The substrate solution should be a straw yellow color at this pH ( See Photo 1.).

September 2002 4 Method 1103.1 Photo 1. Urea Substrate Medium. After adjusting the pH of the medium to 3 4, the Urea Substrate Medium should be straw yellow in color.

7.8 Nutrient Agar 7.8.1 Composition:

Peptone 5.0 g Beef Extract 3.0 g Agar 15.0 g Reagent Grade Distilled Water 1.0 L 7.8.2 Preparation: Add dry ingredients to 1 L of reagent grade distilled water, and mix well. Heat to boiling to dissolve the agar completely. Dispense in screwcap tubes, and autoclave at 121 ° C ( 15 lb pressure) for 15 min. Remove the tubes and slant. Final pH should be 6.8 ± 0.2.

7.9 Tryptic Soy Broth; Trypticase Soy Broth 7.9.1 Composition:

Tryptone or Trypticase 17.0 g Soytone or Phytone 3.0 g Sodium Chloride 5.0 g Dextrose 2.5 g Dipotassium Phosphate 2.5 g Reagent Grade Distilled Water 1.0 L 7.9.2 Preparation: Add dry ingredients to 1 L of reagent grade distilled water. Warm the broth, and mix gently to dissolve the medium completely. Dispense in screwcap tubes, and autoclave at 121 ° C ( 15 lb pressure) for 15 min. Final pH should be 7.3 ± 0.2.

5 September 2002 Method 1103.1 7.10 Simmons Citrate Agar 7.10.1 Composition:

Magnesium Sulfate 0.2 g Monoammonium Phosphate 1.0 g Dipotassium Phosphate 1.0 g Sodium Citrate 2.0 g Sodium Chloride 5.0 g Brom Thymol Blue 0.08 g Agar 15.0 g Reagent Grade Distilled Water 1.0 L 7.10.2 Preparation: Add the dry ingredients to 1 L of reagent grade distilled water. Heat to boiling to dissolve completely. Dispense into screw cap tubes, and autoclave at 121 ° C ( 15 lb pressure) for 15 min. Cool the tubes and slant. Final pH should be 6.8 ± 0.2.

7.11 Tryptone 1%; Tryptophane Broth 7.11.1 Composition:

Tryptone or Trypticase Peptone 10.0 g Reagent Grade Distilled Water 1.0 L 7.11.2 Preparation: Add the tryptone or trypticase peptone to 1 L or reagent grade distilled water, and heat, mixing until dissolved. Dispense in 5 mL volumes into tubes, and autoclave at 121 ° C ( 15 lb pressure) for 15 min. Final pH should be 7.2 ± 0.2.

7.12 EC Broth 7.12.1 Composition:

Tryptose or Trypticase Peptone 20.0 g Lactose 5.0 g Bile Salts No. 3 or Bile Salts Mixture 1.5 g Dipotassium Phosphate 4.0 g Monopotassium Phosphate 1.5 g Sodium Chloride 5.0 g Reagent Grade Distilled Water 1.0 L 7.12.2 Preparation: Add dry ingredients to 1 L of reagent grade distilled water, and warm to dissolve completely. Dispense into fermentation tubes ( 20 x 150 mm tubes containing inverted 10 x 75 mm vials). Autoclave at 121 ° C ( 15 lb pressure) for 15 min. Final pH should be 6.9 ± 0.2.

7.13 Oxidase Reagent 7.13.1 Composition:

N, N, N , N  tetramethyl D phenylenediamine dihydrochloride, 1% aqueous solution ( 1 g per 100 mL sterile reagent grade distilled water).

7.14 Kovacs Indole Reagent 7.14.1 Composition:

D dimethylaminobenzaldehyde 10.0 g Amyl or Isoamyl Alcohol 150.0 mL September 2002 6 Method 1103.1 Concentrated ( 12 M) Hydrochloric Acid 50.0 mL 7.14.2 Preparation: Dissolve D dimethylaminobenzaldehyde in alcohol, slowly add hydrochloric acid, and mix.

8.0 Sample Collection, Preservation, and Storage 8.1 Sampling procedures are described in detail in the USEPA microbiology methods manual, Section II, A ( Reference 18.2). Adherence to sample preservation procedures and holding time limits is critical to the production of valid data. Samples not collected according to these rules should not be analyzed.

8.1.1 Storage Temperature and Handling Conditions Ice or refrigerate water samples at a temperature of 1 4 ° C during transit to the laboratory. Use insulated containers to assure proper maintenance of storage temperature. Take care that sample bottles are not totally immersed in water during transit or storage.

8.1.2 Holding Time Limitations Examine samples as soon as possible after collection. Do not hold samples longer than 6 h between collection and initiation of analyses.

9.0 Quality Control 9.1 See recommendations on quality control for microbiological analyses in the USEPA microbiology methods manual, Part IV, C ( Reference 18.2).

10.0 Calibration and Standardization 10.1 Check temperatures in incubators daily to ensure operation within stated limits.

10.2 Check thermometers at least annually against a NIST certified thermometer or one that meets the requirements of NIST monograph SP 250 23. Check mercury columns for breaks.

11.0 Procedure 11.1 Prepare mTEC Agar and Urea Substrate Medium as directed in Sections 7.6 and 7.7, respectively.

11.2 Mark the petri dish and report form with the sample identification and volume.

11.3 Place a sterile membrane filter on the filter base, grid side up, and attach the funnel to the base so that the membrane filter is held between the funnel and the base.

11.4 Shake the sample bottle vigorously at least 25 times to distribute the bacteria uniformly, and measure the desired volume of sample or dilution into the funnel.

11.5 Select sample volumes based on previous knowledge of the pollution level, to produce 20 80 E. coli colonies on the membranes. Sample volumes of 1 100 mL are normally tested at half log intervals ( e. g., 100, 30, 10, 3 mL).

11.6 Smaller sample sizes or sample dilutions can be used to minimize the interference of turbidity or for high bacterial densities. Multiple volumes of the same sample or sample dilutions may be filtered, and the results may be combined.

7 September 2002 Method 1103.1 11.7 Filter the sample, and rinse the sides of the funnel at least twice with 20 30 mL of sterile buffered rinse water. Turn off the vacuum, and remove the funnel from the filter base.

11.8 Use sterile forceps to aseptically remove the membrane filter from the filter base, and roll it onto the mTEC Agar to avoid the formation of bubbles between the membrane and the agar surface. Reseat the membrane if bubbles occur. Run the forceps around the edge of the filter to be sure that the filter is properly seated on the agar. Close the dish, invert, and incubate 35 ± 0.5 ° C for 2 h.

11.9 After a 2 h incubation at 35 ± 0.5 ° C, transfer the plate to a Whirl Pak ® bag, seal the bag, place the bag with the plate inverted in a test tube rack, and put the rack in a 44.5 ± 0.2 ° C waterbath for 22 24 h.

11.10 After 22 24 h, remove the plate from the waterbath. Place an absorbent pad in a new petri dish or the lid of the same petri dish, and saturate the pad with Urea Substrate Medium. Aseptically transfer the membrane from mTEC Agar to the absorbent pad saturated with Urea Substrate Medium, and allow to sit at room temperature for 15 20 min. ( See Photo 2.).

Photo 2. Escherichia coli colonies on mTEC agar. Colonies that are yellow, yellow green, or yellow brown are E. coli.

11.11 After incubation on the urea substrate at room temperature, count and record the number of yellow, yellow green, or yellow brown colonies on the membrane filters, ideally containing 20 80 colonies ( See Photo 3.).

September 2002 8 Method 1103.1 Photo 3. Escherichia coli colonies on an absorbent pad saturated with Urea Substrate Medium. E. coli colonies remain yellow, yellow green, or yellow brown when the filter is placed on the Urea Substrate Medium, while nontarget colonies turn pink or purple.

12.0 Data Analysis and Calculations Use the following general rules to calculate the E. coli count per 100 ml of sample:

12.1 Select the membrane filter with an acceptable number of yellow, yellow green, or yellow brown colonies ( 20 80) on the urea substrate, and calculate the number of E. coli per 100 mL according to the following general formula:

Number of E. coli colonies E. coli/ 100 mL = X 100 Volume of sample filtered ( mL)

12.2 See the USEPA microbiology methods manual, Part II, Section C, 3.5, for general counting rules ( Reference 18.2).

13.0 Method Performance 13.1 Performance characteristics 13.1.1 Precision   The degree of agreement of repeated measurements of the same parameter expressed quantitatively as the standard deviation or as the 95% confidence limits of the mean computed from the results of a series of controlled determinations. The mTEC method precision was found to be fairly representative of what would be expected from counts with a Poisson distribution ( Reference 18.4).

13.1.2 Bias   The persistent positive or negative deviation of the average value of the method from the assumed or accepted true value. The bias of the mTEC method has been reported to be  2% of the true value ( Reference 18.4).

13.1.3 Specificity   The ability of a method to select and or distinguish the target bacteria under test from other bacteria in the same water sample. The specificity characteristic of a method is usually reported as the percent of false positive and false negative results. The 9 September 2002 Method 1103.1 false positive rate reported for mTEC medium averaged 9% for marine and fresh water samples. Less than 1% of the E. coli colonies observed gave a false negative reaction ( Reference 18.4).

13.1.4 Upper Counting Limit ( UCL)   That colony count above which there is an unacceptable counting error. The error may be due to overcrowding or antibiosis. The UCL for E. coli on mTEC medium has been reported as 80 colonies per filter ( Reference 18.4).

13.2 Collaborative Study Data 13.2.1 A collaborative study was conducted among eleven volunteer laboratories, each with two analysts who independently tested local fresh and marine recreational waters and sewage treatment plant effluent samples, in duplicate. The data were reported to the Environmental Monitoring and Support Laboratory  Cincinnati, U. S. Environmental Protection Agency, for statistical calculations.

13.2.2 The results of the study are shown in Figure 1 where SO equals the pooled standard deviation among replicate counts from a single analyst for three groupings ( counts less than 30, counts from 30 to 50, and counts greater than 50) and SB equals the pooled standard deviation between means of duplicates from analysts in the same laboratory for the same groupings. The precision estimates from this study did not show any difference among the water types analyzed.

13.2.3 By linear regression, the precision of the method can be generalized as:

SO = 0.028 count/ 100 mL + 6.11 ( dilution factor) and SB = 0.233 count/ 100 mL + 0.82 ( dilution factor)

100 Where dilution factor = Volume of Original Sample Filtered 13.2.4 Because of the instability of microbial populations in water samples, each laboratory analyzed its own sample series and no full measure of recovery or bias was possible. However, all laboratories analyzed a single surrogate sample prepared from a freeze dried culture of E. coli. The mean count ( 0) and the overall standard deviation of the counts ( ST ) ( which includes the variability among laboratories for this standardized E. coli sample) were 31.6 colonies/ membrane and 7.61 colonies/ membrane, respectively.

September 2002 10 Method 1103.1 11 September 2002 Method 1103.1 14.0 Reporting Results 14.1 There should be at least three volumes filtered per sample. Report the results as E. coli per 100 mL of sample.

15.0 Verification Procedure 15.1 Yellow, yellow green, or yellow brown colonies from the urease test can be verified as E. coli. Verification of colonies may be required in evidence gathering and is also recommended as a means of quality control for the initial use of the test and for changes in sample sites, lots of commercial media, or major ingredients in media compounded in the laboratory. The verification procedure follows.

15.1.1 Using a sterile inoculation loop, transfer growth from the centers of at least 10 well isolated colonies to Nutrient Agar plates or slants and to Trypticase Soy Broth. Incubate the agar and broth cultures for 24 h at 35 ± 0.5 ° C.

15.1.2 After incubation, remove a loopful of growth from the Nutrient Agar slant with a platinum loop, and deposit it on the surface of a piece of filter paper that has been saturated with freshly prepared Cytochrome Oxidase Reagent. If the spot where the bacteria were deposited turns deep purple within 15 seconds, the test is positive.

15.1.3 Transfer growth from the Trypticase Soy Broth tube to Simmons Citrate Agar, Tryptone Broth, and an EC Broth fermentation tube.

<IP_ADDRESS> Incubate the Simmons Citrate Agar and Tryptone Broth for 48 h at 35 ± 0.5 ° C.

<IP_ADDRESS> Incubate the EC Broth at 44.5 ± 0.2 ° C in a waterbath for 24 h. The water level must be above the level of the EC Broth in the tube.

<IP_ADDRESS> Add 0.5 mL of Kovacs Indole Reagent to the 48 h Tryptone Broth culture, and shake the tube gently. A positive test for indole is indicated by a deep red color which develops in the alcohol layer on top of the broth.

<IP_ADDRESS> E. coli is EC gas positive, indole positive, and oxidase negative, and does not utilize citrate ( i. e., the medium remains green).

15.1.4 Alternately, commercially available multi test identification systems may be used to verify colonies. Inoculate the colonies into an identification system for Enterobacteriaceae that includes lactose fermentation, F nitrophenyl$ Dgalactopyranoside ( ONPG), and cytochrome oxidase test reactions.

16.0 Pollution Prevention 16.1 The solutions and reagents used in this method pose little threat to the environment when recycled and managed properly.

16.2 Solutions and reagents should be prepared in volumes consistent with laboratory use to minimize the volume of expired materials to be disposed.

September 2002 12 Method 1103.1 17.0 Waste Management 17.1 It is the laboratory's responsibility to comply with all federal, state, and local regulations governing waste management, particularly the biohazard and hazardous waste identification rules and land disposal restrictions, and to protect the air, water, and land by minimizing and controlling all releases from fume hoods and bench operations. Compliance with all sewage discharge permits and regulations is also required.

17.2 Samples, reference materials, and equipment known or suspected to have viable E. coli attached or contained must be sterilized prior to disposal.

17.3 Samples preserved with HCl to pH < 2 are hazardous and must be neutralized before being disposed, or must be handled as hazardous waste.

17.4 For further information on waste management, consult   The Waste Management Manual for Laboratory Personnel  and   Less Is Better: Laboratory Chemical Management for Waste Reduction,  both available from the American Chemical Society's Department of Government Relations and Science Policy, 1155 16th Street NW, Washington, DC 20036.

18.0 References 18.1 Annual Book of ASTM Standards, Vol. 11.01, American Society for Testing and Materials, Philadelphia, PA 19103.

18.2 Bordner, R., J. A. Winter and P. V. Scarpino ( eds.), Microbiological Methods for Monitoring the Environment, Water and Wastes, EPA 600/ 8 78 017. Office of Research and Development, USEPA.

18.3 Cabelli, V. J., A. P. Dufour, M. A. Levin, L. J. McCabe, and P. W. Haberman. 1979. Relationship of Microbial Indicators to Health Effects at Marine Bathing Beaches. Am. J. Public Health. 69: 690 696.

18.4 Dufour, A. P., E. R. Strickland, V. J. Cabelli. 1981. Membrane filter method for enumerating Escherichia coli. Appl. Environ. Microbiol. 41: 1152 1158.

18.5 Improved Enumeration Methods for the Recreational Water Quality Indicators: Enterococci and Escherichia coli. 2000. EPA/ 821/ R 97/ 004. Office of Science and Technology, Washington D. C.

18.6 Reagent Chemicals, American Chemical Society Specifications, American Chemical Society, Washington, DC. For suggestions of the testing of reagents not listed by the American Chemical Society, see Analar Standards for Laboratory Chemicals, BDH Ltd., Poole, Dorset, UK and the United States Pharmacopeia.

18.7 Test methods for Escherichia coli and enterococci in water by the membrane filter procedure. 1985. EPA 600/ 4 85/ 076. Environmental Monitoring and Support Laboratory, Cincinnati, USEPA.

13 September 2002


[Federal Register Volume 84, Number 44 (Wednesday, March 6, 2019)]
[Notices]
[Pages 8127-8129]
[FR Doc No: 2019-03983]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85224; File No. SR-EMERALD-2019-08]

Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Exchange Rule 503, Openings on the Exchange, and Rule 515, Execution of
Orders and Quotes, In Order To Harmonize Its Rule To the Rules of MIAX
Options

February 28, 2019.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on February 22, 2019, MIAX Emerald, LLC (``MIAX
Emerald'' or ``Exchange''), filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 503,
Openings on the Exchange, and MIAX Emerald Rule 515, Execution of
Orders and Quotes, in order to harmonize its rule to the rules of MIAX
Options.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/emerald, at MIAX
Emerald's principal office, and at the Commission's Public Reference
Room.

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

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

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

1. Purpose
    The Exchange proposes to amend MIAX Emerald Rule 503, Openings on
the Exchange, and MIAX Emerald Rule 515, Execution of Orders and
Quotes, in order to harmonize its rule to the rules of MIAX Options.
Background
    MIAX Emerald plans to commence operations as a national securities
exchange registered under Section 6 of the Act \3\ on March 1, 2019. As
described more fully in MIAX Emerald's Form 1 application,\4\ the
Exchange is an affiliate of MIAX Options and MIAX PEARL, LLC (``MIAX
PEARL''). MIAX Emerald Rules, in their current form, were filed as
Exhibit B to its Form 1 on August 16, 2018, and at that time, the above
mentioned rules, were substantially similar to the rules of the MIAX
Options exchange. MIAX Options has filed a proposed rule change to
amend MIAX Options Rule 503, Openings on the Exchange, and MIAX Options
Rule 515, Execution of Orders and Quotes.\5\ In order to ensure
consistent operation of both MIAX Emerald and MIAX Options through
having consistent rules, the Exchange proposes to amend MIAX Emerald
Rules as described below.
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    \3\ 15 U.S.C. 78f.
    \4\ See Securities Exchange Act Release No. 84891 (December 20,
2018), 83 FR 67421 (December 28, 2018) (File No. 10-233) (order
approving application of MIAX EMERALD, LLC for registration as a
national securities exchange).
    \5\ See SR-MIAX-2019-06 filed on February 22, 2019 to amend
Exchange Rule 503, Openings on the Exchange, and Exchange Rule 515,
Execution of Orders and Quotes, to delete certain rule text
regarding functionality that the Exchange proposes to remove from
the System.
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Proposal
    The Exchange proposes to amend Exchange Rule 503, Openings on the
Exchange, and Exchange Rule 515, Execution of Orders and Quotes, to
delete certain rule text regarding functionality that the Exchange
proposes to remove from the System \6\ and to make certain minor
clarifying changes related thereto. These changes would make MIAX
Emerald Rule 503 and Rule 515 consistent with MIAX Options Rule 503 and
Rule 515 and are identical to changes made by MIAX Options when it
modified its rule.\7\
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    \6\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
    \7\ See supra note 5.
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    First, the Exchange proposes to delete Exchange Rule 515,
Interpretations and Policies .01. Presently, this rule states that
``[r]esubmission of Orders. A Member \8\ may submit written
instructions to the Exchange designating orders the Member submits as
eligible for automatic resubmission when the order or any remaining
part of the order has been automatically cancelled by the System. The
resubmitted order will be automatically submitted as a new order. This
automatic resubmission functionality of the System will not apply to
Immediate-or-Cancel, Fill-or-Kill or Intermarket Sweep Orders.'' The
Exchange notes that this functionality was completely voluntary for
Members to use on MIAX Options and was intended to provide Members with
an automated way to resubmit certain cancelled orders. The Exchange
believes this functionality is no longer necessary as very few Members
on MIAX Options

ever used such functionality, and no Members on MIAX Options are
currently utilizing this functionality. Therefore, the Exchange
proposes to delete this rule text as it believes no Member of MIAX
Emerald would ever utilize this functionality because all Members of
MIAX Emerald are currently also Members of MIAX Options.
---------------------------------------------------------------------------

    \8\ The term ``Member'' means an individual or organization
approved to exercise the trading rights associated with a Trading
Permit. Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
---------------------------------------------------------------------------

    Second, the Exchange proposes to amend Exchange Rule 515(e) related
to handling of Immediate-or-Cancel (``IOC'') Orders. Specifically, the
Exchange proposes to delete the last sentence of Rule 515(e) which
currently states that ``[c]ontracts remaining from an IOC order will
not be eligible for automatic resubmissions as a new order for Members
who have instructed the Exchange in writing to re-enter remaining
contracts.'' The Exchange notes that, since it is proposing to delete
the order resubmission functionality, this corresponding rule text is
no longer necessary because it was intended as a carve-out for IOC
orders from the functionality the Exchange now proposes to delete from
Interpretations and Policies .01.
    Third, the Exchange proposes to amend Exchange Rule 515(f) related
to handling of Fill-or-Kill (``FOK'') Orders. Specifically, the
Exchange proposes to delete the last sentence of Rule 515(f) which
currently states that ``[a]n FOK order will not be eligible for
automatic resubmissions as a new order for Members who have instructed
the Exchange in writing to re-enter remaining contracts.'' Similarly,
this corresponding rule text is no longer necessary because it was
intended as a carve-out for FOK orders from the functionality the
Exchange now proposes to delete from Interpretations and Policies .01.
    Fourth, the Exchange proposes to amend Exchange Rule 515(g) related
to handling of Intermarket Sweep Orders and Intermarket Sweep eQuote
(``ISOs''). Specifically, the Exchange proposes to delete part of the
last sentence of Rule 515(g) which currently states that ``. . .and are
not eligible for automatic resubmissions as a new order for Members who
have instructed the Exchange in writing to re-enter remaining
contracts.'' Similarly, this corresponding rule text is no longer
necessary because it was intended as a carve-out for ISOs from the
functionality the Exchange now proposes to delete from Interpretations
and Policies .01.
    Finally, the Exchange proposes to amend Exchange Rule
503(f)(2)(vii)(B)(5) to delete a sentence related to the automatic
resubmission of new orders as part of the opening process.
Specifically, the Exchange proposes to delete text which reads ``. .
.unless the Member that submitted the original order has instructed the
Exchange in writing to re-enter the remaining size, in which case the
remaining size will be automatically submitted as a new order. . .''
The Exchange notes that this functionality was completely voluntary for
Members of MIAX Options to use and was intended to provide Members of
MIAX Options with an automated way to resubmit certain cancelled
orders. The Exchange believes this functionality is no longer necessary
as very few Members of MIAX Options ever used such functionality, and
the Exchange believes no Members of MIAX Emerald would ever utilize
this functionality because all Members of MIAX Emerald are currently
also Members of MIAX Options. Therefore, the Exchange proposes to
delete this rule text as it no longer offers this functionality to MIAX
Options Members,\9\ and does not intend to offer this functionality to
MIAX Emerald Members. The Exchange believes that the proposed changes
will provide greater clarity to Members and the public regarding the
Exchange's Rules, and it is in the public interest for rules to be
accurate and concise so as to minimize the potential for confusion.
---------------------------------------------------------------------------

    \9\ See supra note 5.
---------------------------------------------------------------------------

    The proposed changes are scheduled to become operative March 1,
2019.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \10\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \11\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed changes promote just and
equitable principles of trade and remove impediments to and perfect the
mechanism of a free and open market and a national market system
because the proposed rule change deletes rule text that relates to
voluntary functionality that the Exchange believes no Member would ever
utilize and updates corresponding rules to remove carve-outs which
would no longer be applicable, to provide uniformity in the Exchange's
rulebook with respect to System functionality. The Exchange notes that
the proposed changes to Exchange Rule 515, Execution of Orders and
Quotes, and Exchange Rule 503, Openings on the Exchange, would not have
a substantive impact on Exchange Members since the Exchange believes no
Members would ever utilize such functionality because all Members of
MIAX Emerald are currently also Members of MIAX Options. As such, the
proposed amendments would foster cooperation and coordination with
persons engaged in facilitating transactions in securities and would
remove impediments to and perfect the mechanism of a free and open
market and a national exchange system, since it is proposing to remove
rule text that relates to functionality that would not be used by its
Members. The Exchange further believes that the proposed rule change is
consistent with the Act because Members will have other means of
submitting orders and the removal of the automatic order resubmission
functionality would not impact the ability of Members to transact on
the Exchange. The Exchange does not believe that removing this
functionality will negatively impact Members because very few MIAX
Options Members ever used such functionality, and the Exchange believes
no MIAX Emerald Members would ever utilize this functionality because
all Members of MIAX Emerald are currently also Members of MIAX Options.
    Additionally, the Exchange believes the proposed changes promote
just and equitable principles of trade and remove impediments to and
perfect the mechanism of a free and open market and a national market
system because they seek to add additional clarity to, and improve the
accuracy of, the Exchange's rules. In particular, the Exchange believes
that the proposed rule changes will provide clarity and transparency of
the Exchange's rules to Members and the public because it would delete
rule text related to voluntary functionality that is no longer
available on MIAX Options \12\ and would not be available on MIAX
Emerald, and it is in the public interest for rules to be accurate and
concise so as to minimize the potential for confusion.
---------------------------------------------------------------------------

    \12\ See supra note 5.
---------------------------------------------------------------------------

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

    MIAX Emerald does not believe that the proposed rule change will
impose

any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act. The proposed rule change will have no
impact on competition as it is not designed to address any competitive
issues but rather is designed to delete rule text that relates to
voluntary functionality that is no longer used by Members of MIAX
Options and that the Exchange believes would never be utilized by
Members of MIAX Emerald because all Members of MIAX Emerald are
currently also Members of MIAX Options, and updates corresponding rules
to remove carve-outs which would no longer be applicable as a result.
The Exchange does not believe that the proposed rule change will impose
any burden on intermarket competition as the Rules apply equally to all
Exchange Members.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) \14\
thereunder.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days from the date of filing. However, Rule
19b-4(f)(6)(iii) \15\ permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange has asked the Commission to waive the
30-day operative delay. The Exchange seeks to make the voluntary
functionality contained in Exchange Rule 515, Execution of Orders and
Quotes, and Exchange Rule 503, Openings on the Exchange no longer
available on March 1, 2019. The Commission believes that the waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest and hereby waives the 30-day
operative delay and designates the proposal operative on March 1,
2019.\16\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-EMERALD-2019-08 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-EMERALD-2019-08. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-EMERALD-2019-08 and should be submitted
on or before March 27, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-03983 Filed 3-5-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Notices]
[Page 3324]
[FR Doc No: 2012-1064]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Release of Airport Property: Fort Myers International Airport,
Fort Myers, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for Public Comment.

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SUMMARY: The FAA hereby provides notice of intent to release certain
airport properties 0.55 acres at the Fort Myers International Airport,
Fort Myers, FL from the conditions, reservations, and restrictions as
contained in all grant agreements between the FAA and the Lee County
Port Authority. The release of property will allow the Lee County Port
Authority, owner of Fort Myers International Airport, to dispose of the
property for other than aeronautical purposes. The property is located
north of Daniels Parkway and Chana Court, near the intersection of
Chamberlin Parkway, in Fort Myers, Florida. The parcels are currently
designated as non-aeronautical use. The property will be released of
its federal obligations to transfer ownership to Lee County. The
release of the airport properties will facilitate the construction of a
new direct interchange access to the airport from Interstate 75. Lee
County will also transfer ownership of 1.93 acres of property north of
Daniels Parkway and Chana Court to be used for drainage for the airport
access road. The airport parcels to be released have an appraised Fair
Market Value of $41,622. The value of the parcel to be received is
$5,000, and the value of the proposed airport access improvement is
estimated to be $500,620.
    Documents reflecting the Sponsor's request are available, by
appointment only, for inspection at the Fort Myers International
Airport and the FAA Airports District Office.

DATES: Comments are due on or before February 22, 2012.

ADDRESSES: Documents are available for review at the Fort Myers
International Airport, and the FAA Airports District Office, 5950
Hazeltine National Drive, Suite 400, Orlando, FL 32822. Written
comments on the Sponsor's request must be delivered or mailed to:
Rebecca R. Henry, Program Manager, Orlando Airports District Office,
5950 Hazeltine National Drive, Suite 400, Orlando, FL 32822-5024.

FOR FURTHER INFORMATION CONTACT: Rebecca R. Henry, Program Manager,
Orlando Airports District Office, 5950 Hazeltine National Drive, Suite
400, Orlando, FL 32822-5024.

SUPPLEMENTARY INFORMATION: Section 125 of The Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (AIR-21) requires the
FAA to provide an opportunity for public notice and comment prior to
the ``waiver'' or ``modification'' of a sponsor's Federal obligation to
use certain airport land for non-aeronautical purposes.

Bart Vernace,
Acting Manager, Orlando Airports District Office Southern Region. R
[FR Doc. 2012-1064 Filed 1-20-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 17, 2008 (Volume 73, Number 138)]
[Notices]
[Page 41164]
[DOCID:fr17jy08-146]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2008-28]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before August 6, 2008.

ADDRESSES: You may send comments identified by Docket Number FAA-2008-
0762 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jan Thor, ANM-113,<PHONE_NUMBER>,
Federal Aviation Administration, 1601 Lind Avenue, SW., Renton, WA
98057-3356, or Frances Shaver,<PHONE_NUMBER>, Office of Rulemaking,
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on July 11, 2008.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2008-0762.
    Petitioner: Viking Air Limited.
    Section of 14 CFR Affected: Section 26.11.
    Description of Relief Sought: Viking Air Limited seeks exemption of
the DHC-7-1 from the requirements of Sec.  26.11 on the basis that
these airplanes are not currently operated commercially within the
United States, nor are they expected to be in the future. Therefore,
the operational rules that necessitate the enhancement of instructions
for continued airworthiness are not applicable.

 [FR Doc. E8-16248 Filed 7-16-08; 8:45 am]

BILLING CODE 4910-13-P