[Federal Register Volume 85, Number 66 (Monday, April 6, 2020)]
[Notices]
[Pages 19218-19220]
[FR Doc No: 2020-07122]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0122; FMCSA-2012-0123; FMCSA-2012-0332; FMCSA-
2013-0122; FMCSA-2013-0124; FMCSA-2015-0327; FMCSA-2017-0057; FMCSA-
2017-0059]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 27
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below. Comments must be received on or before May 6, 2020.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0122, FMCSA-2012-0123,
FMCSA-2012-0332, FMCSA-2013-0122, FMCSA-2013-0124, FMCSA-2015-0327,
FMCSA-2017-0057, or FMCSA-2017-0059 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2012-0122, FMCSA-2012-0123, FMCSA-2012-0332,
FMCSA-2013-0122, FMCSA-2013-0124, FMCSA-2015-0327, FMCSA-2017-0057, or
FMCSA-2017-0059), indicate the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so that
FMCSA can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2012-0122, FMCSA-2012-0123, FMCSA-2012-
0332, FMCSA-2013-0122, FMCSA-2013-0124, FMCSA-2015-0327, FMCSA-2017-
0057, or FMCSA-2017-0059, in the keyword box, and click ``Search.''
When the new screen appears, click on the ``Comment Now!'' button and
type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2012-0122, FMCSA-2012-0123, FMCSA-2012-
0332, FMCSA-2013-0122, FMCSA-2013-0124, FMCSA-2015-0327, FMCSA-2017-
0057, or FMCSA-2017-0059, in the keyword box, and click ``Search.''
Next, click the ``Open Docket Folder'' button and choose the document
to review. If you do not have access to the internet, you may view the
docket online by visiting the Docket Operations in Room W12-140 on the
ground floor of the DOT West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).
    The 27 individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in Sec.  391.41(b)(11), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse

evidence submitted and, if safety is being compromised or if
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315(b), FMCSA will take
immediate steps to revoke the exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 27
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 27 drivers in this notice
remain in good standing with the Agency. In addition, for Commercial
Driver's License (CDL) holders, the Commercial Driver's License
Information System and the Motor Carrier Management Information System
are searched for crash and violation data. For non-CDL holders, the
Agency reviews the driving records from the State Driver's Licensing
Agency. These factors provide an adequate basis for predicting each
driver's ability to continue to safely operate a CMV in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each of these drivers for a period of 2 years is likely to achieve a
level of safety equal to that existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of April and
are discussed below.
    As of April 2, 2020, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following 15 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Kathleen Abenchuchan (IA)
Roger Boge (IA)
Johnny Brewer (OH)
Jada Hart (IA)
Sean Hunt (TX)
Paul Klug (IA)
Dayton Lawson, Jr. (MI)
Scott Miller (IA)
Calvin Payne (MD)
Kiley Peterson (IA)
Samuel Sherman (MN)
Darren Talley (NC)
Thomas Warner, II (WA)
Allen Whitener (TX)
Johnny Wu (DE)

    The drivers were included in docket number FMCSA-2013-0124, FMCSA-
2015-0327, FMCSA-2017-0057, and FMCSA-2017-0059. Their exemptions are
applicable as of April 2, 2020, and will expire on April 2, 2022.
    As of April 21, 2020, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following seven individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Andrew Alcozer (IL)
Roman Landa (CA)
Darren Nordquist (WI)
Jacob Paullin (WI)
Ryan Pope (CA)
Ronald Rutter (CA)
Russell Smith, (OH)

    The drivers were included in docket number FMCSA-2012-0122 and
FMCSA-2012-0123. Their exemptions are applicable as of April 21, 2020,
and will expire on April 21, 2022.
    As of April 23, 2020, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Donald Lynch (AR) and Zachary Rietz (TX)

    The drivers were included in docket number FMCSA-2012-0332. Their
exemptions are applicable as of April 23, 2020, and will expire on
April 23, 2022.
    As of April 24, 2020, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Kwinton Carpenter (OH)
Quinton Murphy (WI)
Andrey Shevchenko (MN)

    The drivers were included in docket number FMCSA-2013-0122 and
FMCSA-2013-0124. Their exemptions are applicable as of April 24, 2020,
and will expire on April 24, 2022.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in
Sec.  390.5; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and
(3) each driver prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing requirements. Each exemption will be valid for 2 years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1) The person fails to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136(e) and 31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 27 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the hearing
requirement in Sec.  391.41 (b)(11). In accordance with 49 U.S.C.
31136(e) and 31315(b), each exemption will be valid for two years
unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-07122 Filed 4-3-20; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: September 17, 2009 (Volume 74, Number 179)]
[Notices]
[Page 47828-47831]
[DOCID:fr17se09-77]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60650]

Order Granting Application by EDGX Exchange, Inc. and EDGA
Exchange, Inc. for a Conditional Exemption Pursuant to Section 36(a) of
the Exchange Act From Certain Requirements of Rules 6a-1 and 6a-2 Under
the Exchange Act

September 11, 2009.

I. Introduction

    EDGX Exchange, Inc. (``EDGX'') and EDGA Exchange, Inc. (``EDGA,''
and, together with EDGX, the ``Applicants'') each submitted to the
Securities and Exchange Commission (``Commission'') an application on
Form 1 under the Securities Exchange Act of 1934 (``Exchange Act'') to
register as a national securities exchange. In addition, the
Applicants, pursuant to Rule 0-12 \1\ under the Exchange Act, have
requested an exemption under Section 36(a)(1) of the Exchange Act \2\
from certain requirements of Rules 6a-1(a) and 6a-2 under the Exchange
Act.\3\ This order grants the Applicants' request for exemptive relief,
subject to the satisfaction of certain conditions, which are outlined
below.
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    \1\ 17 CFR 240.0-12.
    \2\ 15 U.S.C. 78mm(a)(1).
    \3\ 17 CFR 240.6a-1(a) and 6a-2. See letter from Eric W. Hess,
General Counsel and Secretary, EDGA and EDGX, to Elizabeth Murphy,
Secretary, Commission, dated July 30, 2009 (``Exemption Request'').
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II. Application for Conditional Exemption From Certain Requirements of
Exchange Act Rules 6a-1 and 6a-2

A. Filing Requirements Under Exchange Act Rule 6a-1(a)

    Exchange Act Rule 6a-1(a) requires an applicant for registration as
a national securities exchange to file an application with the
Commission on Form 1. Exhibit C to Form 1 requires the applicant to
provide certain information with respect to each of its subsidiaries
and affiliates.\4\ For purposes of Form 1,

an ``affiliate'' is ``[a]ny person that, directly or indirectly,
controls, is under common control with, or is controlled by, the
national securities exchange * * * including any employees.'' \5\ Form
1 defines ``control'' as ``[t]he power, directly or indirectly, to
direct the management or policies of a company, whether through
ownership of securities, by contract, or otherwise * * *.'' \6\ Form 1
provides, further, that any person that directly or indirectly has the
right to vote 25% or more of a class of voting securities, or has the
power to sell or direct the sale of 25% or more of a class of voting
securities, is presumed to control the entity.\7\
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    \4\ Specifically, Exhibit C requires the applicant to provide,
for each subsidiary or affiliate, and for any entity that operates
an electronic trading system used to effect transactions on the
exchange: (1) The name and address of the organization; (2) the form
of organization; (3) the name of the State and statute citation
under which it is organized, and the date of its incorporation in
its present form; (4) a brief description of the nature and extent
of the affiliation; (5) a brief description of the organization's
business or function; (6) a copy of the organization's constitution;
(7) a copy of the organization's articles of incorporation or
association, including all amendments; (8) a copy of the
organization's by-laws or corresponding rules or instruments; (9)
the name and title of the organization's present officers,
governors, members of all standing committees, or persons performing
similar functions; and (10) an indication of whether the business or
organization ceased to be associated with the applicant during the
previous year, and a brief statement of the reasons for termination
of the association.
    \5\ Form 1 Instructions, Explanation of Terms, 17 CFR 249.1.
    \6\ Id.
    \7\ Id.
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    Exhibit D to Form 1 requires an applicant for exchange registration
to provide unconsolidated financial statements for the latest fiscal
year for each subsidiary or affiliate. Exhibit D requires the financial
statements to include, at a minimum, a balance sheet and an income
statement with such footnotes and other disclosures as are necessary to
avoid rendering the financial statements misleading. Exhibit D
provides, in addition, that if any affiliate or subsidiary of the
applicant is required by another Commission rule to submit annual
financial statements, a statement to that effect, with a citation to
the other Commission rule, may be provided in lieu of the financial
statements required in Exhibit D.
    A Form 1 application is not considered filed until all necessary
information, including financial statements and other required
documents, have been furnished in the proper form.\8\
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    \8\ 17 CFR 202.3(b)(2). Defective Form 1 applications may be
returned with a request for correction or held until corrected
before being accepted as a filing. See 17 CFR 202.3(b)(2). See also
Securities Exchange Act Release No. 40760 (December 8, 1998), 63 FR
70844 (December 22, 1998) (``Regulation ATS Adopting Release'') at
note 329 and accompanying text.
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B. Filing Requirements Under Exchange Act Rule 6a-2

    Exchange Act Rule 6a-2(a)(2) requires a national securities
exchange to update the information provided in Exhibit C within 10 days
of any action that causes the information provided in Exhibit C to
become inaccurate or incomplete. In addition, Exchange Act Rule 6a-
2(b)(1) requires a national securities exchange to file Exhibit D on or
before June 30 of each year, and Exchange Act Rule 6a-2(c) requires a
national securities exchange to file Exhibit C every three years.

C. Exemption Request

    On July 23, 2009, the Applicants requested that the Commission
grant an exemption under Section 36 of the Exchange Act, subject to the
conditions set forth below, from the requirement under Exchange Act
Rule 6a-1 to file the information requested in Exhibits C and D to Form
1 for the ``Foreign Indirect Affiliates,'' as defined below, of the
Applicants.\9\ In addition, the Applicants requested an exemption,
subject to certain conditions, with respect to the Foreign Indirect
Affiliates from the requirements under: (1) Exchange Act Rule 6a-
2(a)(2) to amend Exhibit C within 10 days if the information in Exhibit
C becomes inaccurate or incomplete; and (2) Exchange Act Rules 6a-
2(b)(1) and (c) to file periodic updates to Exhibits C and D.
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    \9\ See Exemption Request, supra note 3.
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    The Applicants are wholly-owned subsidiaries of Direct Edge
Holdings LLC (``DE Holdings''). International Securities Exchange
Holdings, Inc. (``ISE Holdings'') owns a 31.54% ownership interest in
DE Holdings.\10\ ISE Holdings is a wholly-owned subsidiary of U.S.
Exchange Holdings, Inc., which is wholly-owned by a German stock
corporation, Eurex Frankfurt AG (``Eurex Frankfurt''). Eurex Frankfurt
is wholly-owned by Eurex Zurich AG (``Eurex Zurich''), a Swiss stock
corporation owned by SIX Swiss Exchange AG (``SIX Swiss Exchange''),
and Deutsche Borse AG (``Deutsche Borse'').\11\ SIX Swiss Exchange is a
wholly-owned subsidiary of SIX Group AG (``SIX Group''), a Swiss stock
corporation. According to the Applicants, Eurex Frankfurt, Eurex
Zurich, SIX Swiss Exchange, Deutsche Borse, and SIX Group
(collectively, the ``Foreign Direct Affiliates'') hold ownership
interests in excess of 25% in a large number of other foreign entities,
some of which also own interests in excess of 25% in other entities
(such Foreign Direct Affiliate-owned entities are referred to,
collectively, as the ``Foreign Indirect Affiliates'').\12\
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    \10\ See Exemption Request, supra note 3, at 2-3. See also
Securities Exchange Act Release No. 59135 (December 22, 2008), 73 FR
79954 (December 30, 2008) (File No. SR-ISE-2008-85) (order approving
ISE Holdings' purchase of an ownership interest in DE Holdings).
    \11\ SIX Swiss Exchange, a Swiss stock corporation, and Deutsche
Borse, a German stock corporation, each own approximately 50% of
Eurex Zurich. See Exemption Request, supra note 3, at 2-3.
    \12\ See Exemption Request, supra note 3, at 3.
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    Because of the limited and indirect nature of their connection to
the Foreign Indirect Affiliates, the Applicants believe that the
corporate and financial information of the Foreign Indirect Affiliates
required by Exhibits C and D of Form 1 would have little relevance to
the Commission's review of the Applicants' Form 1 applications or to
the Commission's ongoing oversight of the Applicants as national
securities exchanges if the Commission approves the Applicants' Form 1
applications.\13\ In this regard, the Exemption Request states that the
Foreign Indirect Affiliates have no ability to influence the
management, policies, or finances of the Applicants and no obligation
to provide funding to, or ability to materially affect the funding of,
the Applicants.\14\ The Exemption Request also states that (1) the
Foreign Indirect Affiliates have no ownership interest in the
Applicants or in any of the controlling shareholders of the Applicants;
and (2) there are no commercial dealings between the Applicants and the
Foreign Indirect Affiliates.\15\ Further, the Exemption Request states
that obtaining detailed corporate and financial information with
respect to the Foreign Indirect Affiliates (1) is unnecessary for the
protection of investors and the public interest and (2) would be unduly
burdensome and inefficient because these affiliates are located in
foreign jurisdictions and the disclosure of such information could
implicate foreign information sharing restrictions in such
jurisdictions.\16\
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    \13\ Id.
    \14\ Id.
    \15\ Id.
    \16\ Id. The Applicants also believe that providing the
information required by Exhibits C and D with respect to the Foreign
Indirect Affiliates could raise confidentiality concerns because
many of the Foreign Indirect Affiliates are not public companies.
Id.
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    As a condition to the granting of exemptive relief, the Applicants
have agreed to provide: (i) A listing of the names of the Foreign
Indirect Affiliates; (ii) an organizational chart setting forth the
affiliation of the Foreign Indirect Affiliates and the Foreign Direct
Affiliates and the Applicants; and (iii) in Exhibit C of the
Applicants' respective Form 1 applications, a description of the nature
of the Foreign Indirect Affiliates' affiliation with the Foreign Direct
Affiliates and the Applicants. In addition, as a condition to the
granting of exemptive relief from the requirements of Exchange Act Rule
6a-2(a)(2), 6a-2(b)(1), and 6a-2(c), as

described above, the Applicants have agreed to provide amendments to
the information required under conditions (i) through (iii) above on or
before June 30th of each year. Further, the Applicants note that they
will provide the information required by Exhibits C and D for all of
their affiliates other than the Foreign Indirect Affiliates, including
the Foreign Direct Affiliates.\17\
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    \17\ See Exemption Request, supra note 3, at 4.
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III. Order Granting Conditional Section 36 Exemption

    Section 6 of the Exchange Act \18\ sets forth a procedure for an
exchange to register as a national securities exchange.\19\ Exchange
Act Rule 6a-1(a) \20\ requires an application for registration as a
national securities exchange to be filed on Form 1 in accordance with
the instructions in Form 1. A Form 1 application is not considered
filed until all necessary information, including financial statements
and other required documents, have been furnished in the proper
form.\21\ Exchange Act Rule 6a-2 establishes ongoing requirements to
file certain amendments to Form 1.
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    \18\ 15 U.S.C. 78f.
    \19\ Specifically, Section 6(a) of the Exchange Act states that
``[a]n exchange may be registered as a national securities exchange
* * * by filing with the Commission an application for registration
in such form as the Commission, by rule, may prescribe containing
the rules of the exchange and such other information and documents
as the Commission, by rule, may prescribe as necessary or
appropriate in the public interest or for the protection of
investors.'' Section 6 of the Exchange Act also sets forth various
requirements to which a national securities exchange is subject.
    \20\ 17 CFR 240.6a-1(a).
    \21\ 17 CFR 202.3(b)(2). See also note 8, supra.
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    Section 36(a)(1) of the Exchange Act provides that ``the
Commission, by rule, regulation, or order, may conditionally or
unconditionally exempt any person, security, or transaction, or any
class or classes of persons, securities, or transactions, from any
provision or provisions of [the Exchange Act] or of any rule or
regulation thereunder, to the extent that such exemption is necessary
or appropriate in the public interest, and is consistent with the
protection of investors.'' \22\
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    \22\ 15 U.S.C. 78mm(a)(1).
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    For the reasons discussed below, the Commission believes that it is
appropriate in the public interest and consistent with the protection
of investors to exempt the Applicants from the requirement under
Exchange Act Rule 6a-1 to provide the information required in Exhibits
C and D to Form 1 with respect to the Foreign Indirect Affiliates,
subject to the following conditions:
    (1) The Applicants must provide a list of the names of the Foreign
Indirect Affiliates;
    (2) The Applicants must provide an organizational chart setting
forth the affiliation of the Foreign Indirect Affiliates and the
Foreign Direct Affiliates and the Applicants; and
    (3) As part of Exhibit C to the Applicants' respective Form 1
Applications, the Applicants must provide a description of the nature
of the affiliation between the Foreign Indirect Affiliates and the
Foreign Direct Affiliates and the Applicants.
    The Commission believes, further, that it is appropriate in the
public interest and consistent with the protection of investors to
exempt the Applicants, with respect to the Foreign Indirect Affiliates,
from the requirements under: (a) Exchange Act Rule 6a-2(a)(2) to amend
Exhibit C within 10 days of any action that renders the information in
Exhibit C inaccurate or incomplete; (b) Exchange Act Rules 6a-2(c) to
provide periodic updates of Exhibit C; and (c) Exchange Act Rules 6a-
2(b)(1) to provide periodic updates of Exhibits D, subject to the
condition that the Applicants provide amendments to the information
required under conditions (1) through (3) above on or before June 30th
of each year.
    As part of an application for exchange registration, the
information included in Exhibits C and D is designed to help the
Commission make the determinations required under Sections 6(b) and
19(a) of the Exchange Act with respect to the application. The updated
Exhibit C and D information required under Exchange Act Rule 6a-2 is
designed to help the Commission exercise its oversight responsibilities
with respect to registered national securities exchanges. Specifically,
Exhibit D is designed to provide the Commission with information
concerning the financial status of an exchange and its affiliates and
subsidiaries,\23\ and Exhibit C provides the Commission with the names
and organizational documents of these affiliates and subsidiaries.\24\
Such information is designed to help the Commission determine whether
an applicant for exchange registration would have the ability to carry
out its obligations under the Exchange Act, and whether a registered
national securities exchange continues to have the ability to carry out
its obligations under the Exchange Act.
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    \23\ See Securities Exchange Act Release No. 18843 (June 25,
1982), 47 FR 29259 (July 6, 1982) (proposing amendments to Form 1);
see also Form 1, 17 CFR 249.1, and Section II.A., supra.
    \24\ Form 1, 17 CFR 249.1. See also note 4, supra.
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    Since the most recent amendments to Form 1 in 1998,\25\ many
registered national securities exchanges that previously were member-
owned organizations with few affiliated entities have demutualized.
Some of these demutualized exchanges have been consolidated under
holding companies with numerous affiliates that, in some cases, have
only a limited and indirect connection to the registered national
securities exchange, with no ability to influence the management or
policies of the registered exchange and no obligation to fund, or to
materially affect the funding of, the registered exchange. The
Commission believes that, for these affiliated entities, the
information required under Exhibits C and D would have limited
relevance to the Commission's review of an application for exchange
registration or to its oversight of a registered exchange.
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    \25\ See Regulation ATS Adopting Release, note 8, supra.
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    Based on the Applicants' representations, the indirect nature of
the relationship between the Applicants and the Foreign Indirect
Affiliates, and the information that the Applicants will provide with
respect to the Foreign Direct Affiliates and the Foreign Indirect
Affiliates, the Commission believes that it will have sufficient
information to review the Applicants' Form 1 applications and to make
the determinations required under Sections 6(b) and 19(a) of the
Exchange Act with respect to their applications for registration as
national securities exchanges.\26\ The Commission believes, further,
that it would have the information necessary to oversee the Applicants'
activities as national securities exchanges if the Commission approves
the Applicants' Form 1 applications. In particular, the Commission
notes that the Applicants have represented that they have no direct
connection to the Foreign Indirect Affiliates, that the Foreign
Indirect Affiliates have no ability to influence the management or
policies of the Applicants, and that the Foreign Indirect Affiliates
have no obligation to fund, or ability to materially affect the funding
of, the Applicants. In addition, the Commission notes that the
Applicants represented that: (1) The Foreign Indirect Affiliates have
no ownership interest in the Applicants or

in any of the controlling shareholders of the Applicants; and (2) there
are no commercial dealings between the Applicants and the Foreign
Indirect Affiliates.\27\ The Commission also believes that, based on
the Applicants' representations, it could be burdensome for the
Applicants to obtain detailed corporate and financial information with
respect to the Foreign Indirect Affiliates because these affiliates are
located in foreign jurisdictions and the disclosure of such information
could implicate foreign information sharing restrictions in such
jurisdictions.\28\ Given the limited and indirect relationship between
the Applicants and the Foreign Indirect Affiliates and the location of
the Foreign Indirect Affiliates in foreign jurisdictions, as described
above, the Commission believes that the detailed corporate and
financial information required in Exhibits C and D with respect to the
Foreign Indirect Affiliates is unnecessary for the Commission's review
of the Applicants' Form 1 applications and would be unnecessary for the
Commission's oversight of the Applicants as registered national
securities exchanges following any Commission approval of their Form 1
applications.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78f(b) and 78s(a). Section 6(b) of the Exchange
Act enumerates certain determinations that the Commission must make
with respect to an exchange before registering the exchange as a
national securities exchange. The Commission will not register an
exchange as a national securities exchange unless it is satisfied
that the exchange meets these requirements. See Regulation ATS
Adopting Release, supra note 8, at IV.B.
    \27\ See Exemption Request, supra note 3, at 3.
    \28\ See id.
---------------------------------------------------------------------------

    For the reasons discussed above, the Commission finds that the
conditional exemptive relief requested by the Applicants is appropriate
in the public interest and is consistent with the protection of
investors.
    It is ordered, pursuant to Section 36 of the Exchange Act,\29\ and
subject to the conditions described above, that the Applicants are
exempt from the requirements to: (1) Include in their Form 1
applications the information required in Exhibits C and D to Form 1
with respect to the Foreign Indirect Affiliates; and (2) with respect
to the Foreign Indirect Affiliates, update the information in Exhibits
C and D to Form 1 as required by Exchange Act Rules 6a-2(a)(2), 6a-
2(b)(1), and 6a-2(c).
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78mm.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-22346 Filed 9-16-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Notices]
[Page 70430]
[FR Doc No: 2016-24636]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2016-0001]

Notice of Adjustment of Countywide Per Capita Impact Indicator

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: FEMA gives notice that the countywide per capita impact
indicator under the Public Assistance program for disasters declared on
or after October 1, 2016, will be increased.

DATES: Effective on October 1, 2016, and applies to major disasters
declared on or after October 1, 2016.

FOR FURTHER INFORMATION CONTACT: Christopher Logan, Recovery
Directorate, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In assessing damages for area designations
under 44 CFR 206.40(b), FEMA uses a countywide per capita indicator to
evaluate the impact of the disaster at the county level. FEMA will
adjust the countywide per capita impact indicator under the Public
Assistance program to reflect annual changes in the Consumer Price
Index for All Urban Consumers published by the Department of Labor.
    FEMA gives notice of an increase in the countywide per capita
impact indicator to $3.61 for all disasters declared on or after
October 1, 2016.
    FEMA bases the adjustment on an increase in the Consumer Price
Index for All Urban Consumers of 1.1 percent for the 12-month period
that ended in August 2016. The Bureau of Labor Statistics of the U.S.
Department of Labor released the information on September 16, 2016.

    Catalog of Federal Domestic Assistance No. 97.036, Disaster
Grants--Public Assistance (Presidentially Declared Disasters).

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-24636 Filed 10-11-16; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 77, Number 230 (Thursday, November 29, 2012)]
[Rules and Regulations]
[Pages 71117-71119]
[FR Doc No: 2012-28831]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0785; FRL-9755-4]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Allegheny County Incorporation by Reference of
Pennsylvania's Control of NOX Emissions From Glass Melting
Furnaces

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve a revision to the
Pennsylvania State Implementation Plan (SIP) submitted by the
Pennsylvania Department of Environmental Protection (PADEP). The SIP
revision adds a regulation to control nitrogen oxides (NOX)
emissions from glass melting furnaces to the Allegheny County Health
Department (ACHD) Rules and Regulations. The ACHD regulation
incorporates by reference the Pennsylvania regulations and related
definitions for controlling NOX emissions from glass melting
furnaces. The SIP revision is a regulation that will reduce emissions
of NOX from glass melting furnaces. EPA is approving this
SIP revision in accordance with the requirements of the Clean Air Act
(CAA).

DATES: This rule is effective on January 28, 2013 without further
notice, unless EPA receives adverse written comment by December 31,
2012. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0785 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2012-0785, Donna Mastro, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2012-0785. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Allegheny County Health Department, Bureau of
Environmental Quality, Division of Air Quality, 301 39th Street,
Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Rose Quinto,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On June 25, 2012, PADEP submitted to EPA a revision to the
Allegheny

County portion of the Pennsylvania SIP. The SIP revision seeks to add
Section 2105.101 (Control of NOX Emissions from Glass
Melting Furnaces) to ACHD's Rules and Regulations, Article XXI, Air
Pollution Control to incorporate by reference 25 Pa. Code Sections
129.301 through 129.310 (Control of NOX Emissions from Glass
Melting Furnaces) and related definitions at 25 Pa. Code Section 121.1
of PADEP's Air Pollution Control Act. This regulation controls
NOX emissions from glass melting furnaces. The reduction of
NOX emissions also reduces visibility impairment and acid
deposition.
    On August 22, 2011 (76 FR 52283), EPA approved into the
Pennsylvania SIP 25 Pa. Code Chapter 129, Sections 129.301 through
129.310 that included NOX content limits from glass melting
furnaces and approved related amended definitions at 25 Pa. Code
Section 121.1. ACHD is incorporating by reference the same provisions
in 25 Pa. Code Sections 121.1 and 129.301 through 129.310 in order to
regulate NOX emissions from glass melting furnaces in
Allegheny County. Further details of Pennsylvania's regulation for the
control of NOX emissions from glass melting furnaces can be
found in Docket ID No. EPA-R03-OAR-2011-0286 at www.regulations.gov.

II. Summary of SIP Revision

    The Pennsylvania SIP revision adds Section 2105.101 to ACHD Rules
and Regulations, Article XXI, Air Pollution Control to incorporate by
reference Pennsylvania's control of NOX from glass melting
furnaces promulgated under the Air Pollution Control Act at 25 Pa. Code
Sections 129.301 through 129.310 and related definitions at 25 Pa. Code
Section 121.1. The incorporation by reference provides that Section
2105.101 shall be applied consistent with the provisions of
Pennsylvania's control of NOX emissions from glass melting
furnaces. Any additions, revisions, or deletions to the glass melting
furnaces regulation by Pennsylvania shall be incorporated into Section
2105.101 and are effective on the date established by Pennsylvania
regulation. By incorporating this regulation, ACHD removes any
uncertainty regarding enforceability of NOX limits on glass
melting furnaces in Allegheny County by ACHD. Included in the Air
Pollution Control Act at 25 Pa. Code Sections 129.301 through 129.310
are explicit references to the authority of local air agencies
including Allegheny County to regulate NOX levels from glass
melting furnaces. By incorporating this regulation, an additional copy
verifying ACHD's authority will be found in Article XXI.

III. Final Action

    EPA is approving the Pennsylvania SIP revision that incorporates by
reference Pennsylvania's control of NOX emissions from glass
melting furnaces into ACHD Rules and Regulations, Article XXI, Air
Pollution Control. EPA's review of the SIP revision submitted by PADEP
on June 25, 2012 indicates it will strengthen the SIP requirements,
result in reductions of NOX emissions, and meet all
applicable Federal regulations and the CAA. EPA is publishing this rule
without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comment. However,
in the ``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on January 28, 2013 without further notice unless EPA
receives adverse comment by December 31, 2012. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States

Court of Appeals for the appropriate circuit by January 28, 2013.
Filing a petition for reconsideration by the Administrator of this
final rule does not affect the finality of this action for the purposes
of judicial review nor does it extend the time within which a petition
for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action approving the
incorporation by reference of Pennsylvania's control of NOX
emissions from glass melting furnaces into ACHD Rules and Regulations,
Article XXI, Air Pollution Control may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.

    Dated: November 7, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(2) is amended by adding
a heading for Subpart 10 and an entry for Section 2105.101 after the
entry for Section 2105.90 to read as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (2) * * *

----------------------------------------------------------------------------------------------------------------
                                                            State                                Additional
    Article XX or XXI citation         Title/subject      effective     EPA approval date     explanation/ Sec.
                                                             date                             52.2063 citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Part E--Source Emission and Operating Standards
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                             Subpart 10--NOX Sources
----------------------------------------------------------------------------------------------------------------
Section 2105.101.................  Control of NOX             4/3/12  11/29/12 [Insert      New subpart and
                                    Emissions from                     page number where     section are added.
                                    Glass Melting                      the document
                                    Furnaces.                          begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2012-28831 Filed 11-28-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 15, 2009 (Volume 74, Number 134)]
[Proposed Rules]
[Page 34272-34274]
[DOCID:fr15jy09-31]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0637; Directorate Identifier 2008-NM-183-AD]
RIN 2120-AA64

Airworthiness Directives; Construcciones Aeronauticas, S.A.
(CASA), Model CN-235 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:

     * * * [C]racks [were originally] detected on some CN-235
aircraft in flap fittings P/N 35-15501-0101, -0102, -0201 and -0202,
attaching the structure of the outer flaps to their rear supports
and, in the adjacent structure, DGAC Spain issued AD Nr. 01/97[.] *
* * Since AD 1/97 Rev.1 was published, similar cracks have been
detected in flaps longerons. * * *
* * * * *

    Fatigue cracking of the rear internal support fittings and
longerons of the outer flap structure could result in failure of the
outer flaps, and consequent reduced controllability of the airplane.
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by August 14, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
EADS-CASA, Military Transport Aircraft Division (MTAD), Integrated
Customer Services (ICS), Technical Services, Avenida de Arag[oacute]n
404, 28022 Madrid, Spain; telephone +34 91 585 55 84; fax +34 91 585 55
05; e-mail<EMAIL_ADDRESS>Internet http://
www.eads.net. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0637;
Directorate Identifier 2008-NM-183-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On March 23, 1999, we issued AD 99-07-13, Amendment 39-11098 (64 FR
15659, April 1, 1999). That AD required actions intended to address an
unsafe condition on the products listed above.
    Since we issued AD 99-07-13, the European Aviation Safety Agency
(EASA), which is the Technical Agent for the Member States of the
European Community, notified us of an additional report of similar
cracks in flaps longerons. EASA has issued EASA Airworthiness Directive
2008-0119, dated June 27, 2008 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    As a consequence of cracks detected on some CN-235 aircraft, in
flap fittings P/N 35-15501-0101, -0102, -0201 and -0202, attaching
the structure of the outer flaps to their rear supports and, in the
adjacent structure, DGAC Spain issued AD Nr. 01/97 which required,
pending the analysis of the problem, boroscopic inspections of the
attachment zones between both outer flaps to their rear support.
After concluding that process and based on the investigation
results, DGAC Spain issued AD Nr. 1/97 Rev. 1 [which corresponds to
FAA AD 99-07-13] to require the replacement of the outer flaps with
new designed parts, as specified in EADS-CASA Service Bulletin (SB)
235-57-20.
    Since AD 1/97 Rev. 1 was published, similar cracks have been
detected in flaps longerons. EADS-CASA issued SB 235-57-20 Revision
1, extending the scope of the inspection to these flaps longerons,
instructing the drilling of holes to facilitate the inspection and
introducing an improved outer flap replacement kit that included a
new improved longeron. SB 235-57-20 Revision 2 has been issued to
add useful references and to update the applicability.

    For the reasons described above, this new EASA AD retains the
requirements of DGAC Spain AD Nr. 1/97 Rev. 1, which is superseded,
and confirms the approval of additional outer flaps replacement
options, as specified in paragraph 2 E.2 of EADS-CASA SB 235-57-20
R2.

Fatigue cracking of the rear internal support fittings and longerons of
the outer flap structure could result in failure of the outer flaps,
and consequent reduced controllability of the airplane. You may obtain
further information by examining the MCAI in the AD docket.

Relevant Service Information

    CASA has issued Service Bulletin SB-235-57-20, Revision 2, dated
March 30, 2007. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

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 our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences between this AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 8 products of U.S. registry. We also estimate that
it would take about 69 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $193,603 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
costs. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators may
be $1,592,984, or $199,123 per product.

Authority for this Rulemaking

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

Regulatory Findings

    We determined that this 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. Is not a ``significant rule'' under the 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 proposed AD and placed it in the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-11098 and
adding the following new AD:

Construcciones Aeronauticas, S.A. (CASA): Docket No. FAA-2009-0637;
Directorate Identifier 2008-NM-183-AD.

Comments Due Date

    (a) We must receive comments by August 14, 2009.

Affected ADs

    (b) This AD supersedes AD 99-07-13.

Applicability

    (c) This AD applies to CASA Model CN-235, CN-235-100, CN-235-
200, CN-235-300 airplanes, all serial numbers, if part number (P/N)
35-15501-0001, -0002, -0003, or -0004, or P/N 35-A0736-0001 or -0002
outer flaps are installed.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    As a consequence of cracks detected on some CN-235 aircraft, in
flap fittings P/N 35-15501-0101, -0102, -0201 and -0202, attaching
the structure of the outer flaps to their rear supports and, in the
adjacent structure, DGAC Spain issued AD Nr. 01/97 which required,
pending the analysis of the problem, borescopic inspections of the
attachment zones between both outer flaps to their rear support.
After concluding that process and based on the investigation
results, DGAC Spain issued AD Nr. 1/97 Rev.1 [which corresponds to
FAA AD 99-07-13] to require the replacement of the outer flaps with
new designed parts, as specified in EADS-CASA Service Bulletin (SB)
235-57-20.
    Since AD 1/97 Rev.1 was published, similar cracks have been
detected in flaps longerons. EADS-CASA issued SB 235-57-20 Revision
1, extending the scope of the inspection to these flaps longerons,
instructing the drilling of holes to facilitate the inspection and
introducing an improved outer flap replacement kit that included a
new improved longeron. SB 235-57-20

Revision 2 has been issued to add useful references and to update
the applicability.
    For the reasons described above, this new EASA AD retains the
requirements of DGAC Spain AD Nr. 1/97 Rev.1, which is superseded,
and confirms the approval of additional outer flaps replacement
options, as specified in paragraph 2 E.2 of EADS-CASA SB 235-57-20
R2.
    Fatigue cracking of the rear internal support fittings and
longerons of the outer flap structure could result in failure of the
outer flaps, and consequent reduced controllability of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For airplanes equipped with P/N 35-A0736-0001 or -0002 outer
flaps: Within 300 flight cycles after the effective date of this AD,
do a borescopic inspection to detect cracking of the outer flaps
fittings and longerons, in accordance with the Accomplishment
Instructions of CASA Service Bulletin SB-235-57-20, Revision 2,
dated March 30, 2007.
    (2) For airplanes equipped with Part Number (P/N) 35-15501-0001,
-0002, -0003, or -0004 outer flaps: At the earlier of the times
specified in paragraphs (f)(2)(i) and (f)(2)(ii) of this AD, do a
borescopic inspection to detect cracking of the outer flaps
fittings; and within 300 flight cycles after the effective date of
this AD, do a borescopic inspection to detect cracking of the
longerons. Do the inspections in accordance with the Accomplishment
Instructions of CASA Service Bulletin SB-235-57-20, Revision 2,
dated March 30, 2007.
    (i) Within 600 flight cycles after the most recent inspection
done in accordance with AD 99-07-13, or within 14 days after the
effective date of this AD, whichever occurs later.
    (ii) Within 300 flight cycles after the effective date of this
AD.
    (3) If, during any inspection required by paragraph (f)(1) or
(f)(2) of this AD, no crack is detected, repeat the borescopic
inspections of the outer flap fittings and longerons in accordance
with the Accomplishment Instructions of CASA Service Bulletin SB-
235-57-20, Revision 2, dated March 30, 2007, thereafter at intervals
not to exceed 300 flight cycles or 6 months, whichever occurs first,
until the replacement specified in paragraph (f)(4) or (f)(5) of
this AD is accomplished.
    (4) If any crack is detected during any inspection required by
paragraph (f)(1), (f)(2), or (f)(3) of this AD, prior to further
flight, replace the outer flap with a new or retrofitted flap in
accordance with the Accomplishment Instructions of CASA Service
Bulletin SB-235-57-20, Revision 2, dated March 30, 2007. Such
replacement constitutes terminating action for the repetitive
borescopic inspection required by this AD for the replaced outer
flap only.
    (5) For affected parts that have not been replaced in accordance
with paragraph (f)(4) of this AD: At the later of the times
specified in paragraphs (f)(5)(i) and (f)(5)(ii) of this AD, replace
each outer flap with a new or retrofitted outer flap in accordance
with the Accomplishment Instructions of CASA Service Bulletin SB-
235-57-20, Revision 2, dated March 30, 2007. Replacing all outer
flaps terminates the requirements of this AD.
    (i) Before the accumulation of 4,000 total flight cycles on the
flap.
    (ii) Within 1,200 flight cycles or 24 months after the effective
date of this AD, whichever occurs first.
    (6) Actions done before the effective date of this AD in
accordance with CASA Service Bulletin SB-235-57-20, dated December
23, 1997; or Revision 1, dated April 30, 2004; are acceptable for
compliance with the corresponding requirements of paragraph (f)(2)
of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, Transport Airplane Directorate, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Shahram
Daneshmandi, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2008-0119, dated
June 27, 2008; and CASA Service Bulletin SB-235-57-20, Revision 2,
dated March 30, 2007; for related information.

    Issued in Renton, Washington, on July 2, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E9-16762 Filed 7-14-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Notices]
[Pages 88293-88294]
[FR Doc No: 2016-29287]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79442; File No. SR-CBOE-2016-083]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to the Penny Pilot Program

December 1, 2016.
    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 November 23, 2016, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The Exchange filed the proposal as a ``non-controversial''
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act
\3\ and Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the operation of Penny Pilot
Program through June 30, 2017. The text of the proposed rule change is
provided below.

(additions are italicized; deletions are [bracketed])
* * * * *

Chicago Board Options Exchange, Incorporated Rules

* * * * *

Rule 6.42. Minimum Increments for Bids and Offers

    The Board of Directors may establish minimum increments for
options traded on the Exchange. When the Board of Directors
determines to change the minimum increments, the Exchange will
designate such change as a stated policy, practice, or
interpretation with respect to the administration of Rule 6.42
within the meaning of subparagraph (3)(A) of subsection 19(b) of the
Exchange Act and will file a rule change for effectiveness upon
filing with the Commission. Until such time as the Board of
Directors makes a change to the minimum increments, the following
minimum increments shall apply to options traded on the Exchange:
    (1) No change.
    (2) No change.
    (3) The decimal increments for bids and offers for all series of
the option classes participating in the Penny Pilot Program are:
$0.01 for all option series quoted below $3 (including LEAPS), and
$0.05 for all option series $3 and above (including LEAPS). For
QQQQs, IWM, and SPY, the minimum increment is $0.01 for all option
series. The Exchange may replace any option class participating in
the Penny Pilot Program that has been delisted with the next most
actively-traded, multiply-listed option class, based on national
average daily volume in the preceding six calendar months, that is
not yet included in the Pilot Program. Any replacement class would
be added on the second trading day following [July 1, 2016]January
1, 2017. The Penny Pilot shall expire on [December 31, 2016]June 30,
2017.
    (4) No change.
    . . . Interpretations and Policies:
    .01-.04 No change.
* * * * *
    The text of the proposed rule change is also available on the
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, 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 Penny Pilot Program (the ``Pilot Program'') is scheduled to
expire on December 31, 2016. CBOE proposes to extend the Pilot Program
until June 30, 2017. CBOE believes that extending the Pilot Program
will allow for further analysis of the Pilot Program and a
determination of how the Pilot Program should be structured in the
future.
    During this extension of the Pilot Program, CBOE proposes that it
may replace any option class that is currently included in the Pilot
Program and that has been delisted with the next most actively traded,
multiply listed option class that is not yet participating in the Pilot
Program (``replacement class''). Any replacement class would be
determined based on national average daily volume in the preceding six
months,\5\ and would be added on the second trading day following
January 1, 2017. CBOE will employ the same parameters to prospective
replacement classes as approved and applicable in determining the
existing classes in the Pilot Program, including excluding high-priced
underlying securities.\6\ CBOE will announce to its Trading Permit
Holders by circular any replacement classes in the Pilot Program.
---------------------------------------------------------------------------

    \5\ The month immediately preceding a replacement class's
addition to the Pilot Program (i.e., December) would not be used for
purposes of the six-month analysis. Thus, a replacement class to be
added on the second trading day following January 1, 2017 would be
identified based on The Option Clearing Corporation's trading volume
data from June 1, 2016 through November 30, 2016.
    \6\ See Securities Exchange Act Release No. 60864 (October 22,
2009), 74 FR 55876 (October 29, 2009) (SR-CBOE-2009-76).
---------------------------------------------------------------------------

    CBOE is specifically authorized to act jointly with the other
options exchanges participating in the Pilot Program in identifying any
replacement class.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\7\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \8\ requirements that the rules of an exchange be
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 regulating, clearing,
settling, processing information with respect to, and facilitation
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \9\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. In particular, the proposed rule change allows for
an extension of the Pilot Program for the benefit of market
participants.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Id.

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

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. Specifically, the Exchange
believes that, by extending the expiration of the Pilot Program, the
proposed rule change will allow for further analysis of the Pilot
Program and a determination of how the Program shall be structured in
the future. In doing so, the proposed rule change will also serve to
promote regulatory clarity and consistency, thereby reducing burdens on
the marketplace and facilitating investor protection. In addition, the
Exchange has been authorized to act jointly in extending the Pilot
Program and believes the other exchanges will be filing similar
extensions.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) \11\ thereunder.
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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 will institute proceedings to
determine whether the proposed rule change 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-CBOE-2016-083 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-CBOE-2016-083. 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-CBOE-2016-083 and should be
submitted on or before December 28, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Brent J. Fields,
Secretary.
[FR Doc. 2016-29287 Filed 12-6-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Notices]
[Page 21226]
[FR Doc No: 2017-09106]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD17-1-000]

Review of Cost Submittals by Other Federal Agencies for
Administering Part I of the Federal Power Act; Notice Requesting
Questions and Comments on Fiscal Year 2017 Other Federal Agency Cost
Submissions

    In its Order On Rehearing Consolidating Administrative Annual
Charges Bill Appeals And Modifying Annual Charges Billing Procedures,
109 FERC ] 61,040 (2004) (October 8 Order) the Commission set forth an
annual process for Other Federal Agencies (OFAs) to submit their costs
related to Administering Part I of the Federal Power Act. Pursuant to
the established process the Chief of Revenue and Receivables, Financial
Management Division, Office of the Executive Director, on October 4,
2016, issued a letter requesting the OFAs to submit their costs by
December 31, 2016 using the OFA Cost Submission Form.
    Upon receipt of the agency submissions, the Commission posted the
information in eLibrary, and issued, on March 10, 2017, a notice
announcing the date for a technical conference to review the submitted
costs. On April 6, 2017, the Commission held the technical conference.
Technical conference transcripts, submitted cost forms, and detailed
supporting documents are all available for review under Docket No.
AD17-1. These documents are accessible on-line at http://www.ferc.gov,
using the ``eLibrary'' link and are available for review in the
Commission's Public Reference Room in Washington, DC.
    Interested parties may file specific questions and comments on the
FY 2016 OFA cost submissions with the Commission under Docket No. AD17-
1, no later than May 15, 2017. Once filed, the Commission will forward
the questions and comments to the OFAs for response.
    Anyone with questions pertaining to the technical conference or
this notice should contact Norman Richardson at<PHONE_NUMBER> (via
email at<EMAIL_ADDRESS>or Raven A. Rodriguez at (202)
502-6276 (via email at raven.rodriguez@ferc.gov).

    Dated: April 28, 2017.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2017-09106 Filed 5-4-17; 8:45 am]
 BILLING CODE 6717-01-P