[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Rules and Regulations]
[Pages 75031-75034]
[FR Doc No: 2014-29324]

Vol. 79

Tuesday,

No. 241

December 16, 2014

Part VII

Environmental Protection Agency

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40 CFR Parts 52 and 81

Approval and Promulgation of Air Quality Implementation Plans; Final
Rules

Federal Register / Vol. 79 , No. 241 / Tuesday, December 16, 2014 /
Rules and Regulations

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2014-0387; FRL-9920-41-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Redesignation Request and Associated Maintenance Plan for the
Baltimore, Maryland Nonattainment Area for the 1997 Annual Fine
Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the
State of Maryland's request to redesignate to attainment the Baltimore,
Maryland Nonattainment Area (Baltimore Area or Area) for the 1997
annual fine particulate matter (PM2.5) national ambient air
quality standard (NAAQS). EPA has determined that the Baltimore Area
attained the standard and that it continues to attain the standard. In
addition, EPA is approving, as a revision to the Maryland State
Implementation Plan (SIP), the Baltimore Area maintenance plan to show
maintenance of the 1997 annual PM2.5 NAAQS through 2025 for
the Area. The maintenance plan includes the 2017 and 2025
PM2.5 and nitrogen oxides (NOX) mobile vehicle
emissions budgets (MVEBs) for the Baltimore Area for the 1997 annual
PM2.5 NAAQS, which EPA is approving for transportation
conformity purposes. These actions are being taken under the Clean Air
Act (CAA).

DATES: This final rule is effective on December 16, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0387. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (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 through www.regulations.gov or in hard
copy for public inspection 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 Maryland Department of the Environment,
Air and Radiation Management Administration, 1800 Washington Boulevard,
Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers at<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On December 12, 2013, the State of Maryland, through the Maryland
Department of the Environment (MDE), formally submitted a request to
redesignate the Baltimore Area from nonattainment to attainment for the
1997 annual PM2.5 NAAQS. Concurrently, MDE submitted a
maintenance plan for the Baltimore Area as a SIP revision to ensure
continued attainment throughout the Area over the next 10 years. In
addition, the maintenance plan includes the 2017 and 2025
PM2.5 and NOX MVEBs used for transportation
conformity purposes for the Baltimore Area for the 1997 annual
PM2.5 NAAQS.
    On October 3, 2014 (79 FR 59703), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA
proposed approval of Maryland's redesignation request for the Baltimore
Area for the 1997 annual PM2.5 NAAQS. EPA also proposed
approval of the associated maintenance plan as a SIP revision for the
1997 annual PM2.5 NAAQS, which includes the 2017 and 2025
for PM2.5 and NOX MVEBs for the 1997 annual
PM2.5 NAAQS for purposes of transportation conformity.
    In the October 3, 2014 NPR, EPA explains that the redesignation of
the Baltimore Area does not rely on either the Clean Air Interstate
Rule (CAIR) or the Cross State Air Pollution Rule (CSAPR) for
maintenance. However, EPA notes here the changed status of CSAPR since
the publication of the NPR on October 3, 2014. As discussed in the NPR,
on April 29, 2014, the Supreme Court vacated and reversed the D.C.
Circuit Court's decision regarding CSAPR and remanded that decision to
the D.C. Circuit Court to resolve remaining issues in accordance with
its ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584
(2014). In light of the April 29, 2014 Supreme Court decision, on June
26, 2014, EPA moved to have the D.C. Circuit Court's December 30, 2011
stay of CSAPR lifted. EME Homer City Generation, L.P. v. EPA, Case No.
11-1302, Document No. 1499505 (D.C. Cir. filed June 26, 2014). On
October 23, 2014, the D.C. Circuit Court granted EPA's motion and
lifted the stay of CSAPR which was imposed on December 30, 2011. EME
Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. Oct. 23,
2014), Order at 3.
    The details of Maryland's submittal and the rationale for EPA's
proposed actions are explained in the NPR and will not be restated
here. No public comments were received on the NPR.

II. Final Action

    EPA is taking final actions on the redesignation request and SIP
revision submitted by the State of Maryland on December 12, 2013, for
the Baltimore Area for the 1997 annual PM2.5 NAAQS. First,
EPA is approving Maryland's redesignation request for the 1997 annual
PM2.5 NAAQS, because EPA has determined that the request
meets the redesignation criteria set forth in section 107(d)(3)(E) of
the CAA for this standard. Second, EPA is finding that the Baltimore
Area is attaining and will continue to attain the 1997 annual
PM2.5 NAAQS. Third, EPA is approving the associated
maintenance plan for the Baltimore Area as a revision to the Maryland
SIP for the 1997 annual PM2.5 NAAQS because it meets the
requirements of section 175A of the CAA. EPA is also approving the 2017
and 2025 PM2.5 and NOX MVEBs submitted by
Maryland for Baltimore Area for transportation conformity purposes.
Approval of this redesignation request will change the official
designation of the Baltimore Area from nonattainment to attainment for
the 1997 annual PM2.5 NAAQS.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this action to become effective immediately upon publication. A
delayed effective date is unnecessary due to the nature of a
redesignation to attainment, which eliminates CAA obligations that
would otherwise apply. The immediate effective date for this action is
authorized under both 5 U.S.C. 553(d)(1), which provides that
rulemaking actions may become effective less than 30 days after
publication if the rule ``grants or recognizes an exemption or relieves
a restriction,'' and section 553(d)(3), which allows an effective date
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' The purpose
of the 30-day waiting period prescribed in section 553(d) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. Today's rule, however, does not
create any new regulatory requirements such that affected parties would
need time to

prepare before the rule takes effect. Rather, today's rule relieves the
State of Maryland of the obligation to comply with nonattainment-
related planning requirements for the Area pursuant to Part D of the
CAA and approves certain emissions inventories and MVEBs for the Area.
For these reasons, EPA finds good cause under 5 U.S.C. 553(d) for this
action to become effective on the date of publication of this notice.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of a geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act 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 February 17, 2015. 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 redesignation request and maintenance
plan for the Baltimore Area for the 1997 annual PM2.5 NAAQS
may not be challenged later in proceedings to enforce its requirements.
See section 307(b)(2).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen oxides, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: December 3, 2014.
William C. Early,
Acting, Regional Administrator, Region III.

    40 CFR parts 52 and 81 are 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 V- Maryland

0
2. In Sec.  52.1070, the table in paragraph (e) is amended by adding an
entry for the 1997 Annual PM2.5 Maintenance Plan for the
Baltimore Area at the end of the table to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                                             State
   Name of non-regulatory  SIP          Applicable         submittal     EPA approval date        Additional
             revision                 geographic area        date                                explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
1997 Annual fine particulate       Baltimore, MD 1997       12/12/13   12/16/14 [Insert      See Sec.
 (PM2.5) Maintenance Plan for the   annual PM2.5                        Federal Register      52.2526(k) and
 Baltimore, MD Area.                nonattainment area.                 Citation].            Sec.   52.2531(h).
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.1081 is amended by adding paragraph (e) to read as
follows:

Sec.  52.1081  Control strategy: Particulate matter.

* * * * *
    (e) Maintenance Plan and Transportation Conformity Budgets. EPA
approves the maintenance plan for the Baltimore, MD nonattainment area
for the 1997 annual PM2.5 NAAQS submitted by the State of
Maryland on December 12, 2013. The maintenance plan includes motor
vehicle emission budgets (MVEBs) to be applied to all future
transportation conformity determinations and analyses for the
Baltimore, MD Area for the 1997 PM2.5 NAAQS.

           Baltimore, MD Area's Motor Vehicle Emissions Budgets for the 1997 Annual PM2.5 NAAQS, (tpy)
----------------------------------------------------------------------------------------------------------------
                                                                                Effective date
                Type of control strategy SIP                    Year         NOX        PM2.5         of SIP
                                                                                approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan...........................................        2017   29,892.01    1,218.60        12/16/14
                                                                   2025   21,594.96    1,051.39
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for part 81 continues to read as follows:

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

0
5. Section 81.321 the table entitled ``Maryland-1997 Annual
PM2.5 NAAQS, [Primary and secondary]'' is amended by
revising the entry for the Baltimore, MD Area to read as follows:

Sec.  81.321  Maryland.

* * * * *

                                        Maryland-1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                                   Designation \a\           Classification
                       Designated area                       ---------------------------------------------------
                                                                Date \1\       Type       Date \2\       Type
----------------------------------------------------------------------------------------------------------------
Baltimore, MD:
    Anne Arundel County.....................................     12/16/14   Attainment  ...........  ...........
    Baltimore County........................................     12/16/14   Attainment  ...........  ...........
    Carroll County..........................................     12/16/14   Attainment  ...........  ...........
    Harford County..........................................     12/16/14   Attainment  ...........  ...........
    Howard County...........................................     12/16/14   Attainment  ...........  ...........
    City of Baltimore.......................................     12/16/14   Attainment  ...........  ...........

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2014-29324 Filed 12-15-14; 8:45 am]
BILLING CODE 6560-50-P


Giedrius Ambrozaitis<EMAIL_ADDRESS> 03/02/2007 10:59 AM

To

Fred Butterfield/DC/USEPA/US@EPA

cc

Subject

Alliance of Automobile Manufacturer Comments at March 5, 2007 CASAC Ozone Review Panel Teleconference re: EPA's Final Ozone Staff Paper

Dear Fred -

Attached please find our comments to the CASAC Ozone Review Panel on EPA's Final Ozone Staff Paper for the March 5 teleconference. Please distribute these comments to the CASAC members.

Jon Heuss of Air Improvement Resources, Inc. will present our comments during the call Monday.

Thank you very much again,

Giedrius

Giedrius Ambrozaitis

Alliance of Automobile Manufacturers

(248) 357-4796


[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Notices]
[Pages 32169-32171]
[FR Doc No: 2022-11412]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0557]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Postmarket Surveillance of Medical Devices

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing an opportunity for public comment on the proposed collection
of certain information by the Agency. Under the Paperwork Reduction Act
of 1995 (PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on information collection
requirements for postmarket surveillance of medical devices.

DATES: Submit either electronic or written comments on the collection
of information by July 26, 2022.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before July 26, 2022. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of July 26, 2022. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2013-N-0557 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Postmarket Surveillance of
Medical Devices.'' Received comments, those filed in a timely manner
(see ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be

made publicly available, submit your comments only as a written/paper
submission. You should submit two copies total. One copy will include
the information you claim to be confidential with a heading or cover
note that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.''
The Agency will review this copy, including the claimed confidential
information, in its consideration of comments. The second copy, which
will have the claimed confidential information redacted/blacked out,
will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management
Staff. If you do not wish your name and contact information to be made
publicly available, you can provide this information on the cover sheet
and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Postmarket Surveillance of Medical Devices--21 CFR Part 822

OMB Control Number 0910-0449--Extension

    Section 522 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360l) authorizes FDA to require a manufacturer to conduct postmarket
surveillance (PS) of any device that meets the criteria set forth in
the statute. The PS regulation establishes procedures that FDA uses to
approve and disapprove PS plans. The regulation provides instructions
to manufacturers, so they know what information is required in a PS
plan submission. FDA reviews PS plan submissions in accordance with 21
CFR 822.15 through 822.19 of the regulation, which describe the grounds
for approving or disapproving a PS plan. In addition, the PS regulation
provides instructions to manufacturers to submit interim and final
reports in accordance with 21 CFR 822.38. Respondents to this
collection of information are those manufacturers that require PS of
their products.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
      21 CFR part/activity           Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
Sec.  Sec.   822.9 and 822.10;                 5               1               5             120             600
 PS submission..................
Sec.   822.21; Changes to PS                   9               1               9              40             360
 plan after approval............
Sec.   822.28; Changes to PS                   1               1               1               8               8
 plan for a device that is no
 longer marketed................
Sec.   822.29; Waiver...........               0               0               0              40               0
Sec.   822.30; Exemption request               0               0               0              40               0
Sec.   822.38; Periodic reports.              17               3              51              40           2,040
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           3,008
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Explanation of Reporting Burden Estimate: The burden captured in
table 1 is based on the data from FDA's internal tracking system. 21
CFR 822.26, 822.27, and 822.34 do not constitute information collection
subject to review under the PRA because it entails no burden other than
that necessary to identify the respondent, the date, the respondent's
address, and the nature of the instrument (see 5 CFR 1320.3(h)(1)).

                               Table 2--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                    Average burden
      21 CFR part/activity           Number of      records per    Total annual         per         Total hours
                                   recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
Sec.   822.31; Manufacturer                    5               1               5              20             100
 records........................
Sec.   822.32; Investigator                   15               1              15               5              75
 records........................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             175
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Explanation of Recordkeeping Burden Estimate: FDA expects that at
least some of the manufacturers will be able to satisfy the PS
requirement using information or data they already have. For purposes
of calculating burden, however, FDA has assumed that each PS order can
only be satisfied by a 3-year clinically based surveillance plan, using
three investigators. These estimates are based on FDA's knowledge and
experience with PS.
    We have adjusted our burden estimate, which has resulted in a
decrease to the currently approved burden. Our estimated burden for the
information collection reflects an overall decrease of 4,780 hours and
a corresponding decrease of 13 responses. We believe these adjustments
more accurately reflect the current number of requests associated with
postmarket surveillance of medical devices.

    Dated: May 23, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-11412 Filed 5-26-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Page 89455]
[FR Doc No: 2016-29624]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of the Commission's staff may attend the following
meetings related to the transmission planning activities of the New
York Independent System Operator, Inc. (NYISO):

NYISO Electric System Planning Working Group Meeting

December 7, 2016, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic_espwg&directory=2016-12-07.

NYISO Business Issues Committee Meeting

December 14, 2016, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic&directory=2016-12-14.

NYISO Operating Committee Meeting

December 15, 2016, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=oc&directory=2016-12-15.

NYISO Management Committee Meeting

December 21, 2016, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=mc&directory=2016-12-21.
    The discussions at the meetings described above may address matters
at issue in the following proceedings:
    New York Independent System Operator, Inc., Docket No. ER13-102.
    New York Independent System Operator, Inc., Docket No. ER15-2059.
    New York Transco, LLC, Docket No. ER15-572.
    For more information, contact James Eason, Office of Energy Market
Regulation, Federal Energy Regulatory Commission at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    Dated: December 1, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-29624 Filed 12-9-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 2 (Monday, January 5, 2015)]
[Rules and Regulations]
[Pages 157-161]
[FR Doc No: 2014-30490]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0771; Directorate Identifier 2014-CE-006-AD;
Amendment 39-18056; AD 2014-26-05]
RIN 2120-AA64

Airworthiness Directives; Beechcraft Corporation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Beechcraft Corporation Model G58 airplanes. This AD was prompted by
reports of fuel leaks due to fuel cells that did not properly fit in
Model G58 airplanes. This AD requires inspecting for and replacing, as
necessary, certain fuel cells. This AD also requires inspecting and
replacing parts, as necessary, of the left and right fuel system
installations and correcting torques on fuel system fittings; and
prohibits future installations of certain fuel cells. We are issuing
this AD to correct the unsafe condition on these products.

DATES: This AD is effective February 9, 2015.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 9,
2015.

ADDRESSES:
     For information relating to Beechcraft Corporation Model
G58 airplanes or part numbers contact: Thomas Teplik, Aerospace
Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport
Road, Room 100, Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax:
(316) 946-4107; email<EMAIL_ADDRESS>     For information relating to Floats and Fuel Cells, Inc.
(FFC) parts manufacturer approval (PMA) fuel cells contact: Keith
Moore, Atlanta Aircraft Certification Office, FAA, 1701 Columbia
Avenue, College Park, Georgia 30337; telephone:<PHONE_NUMBER>; fax:
(404) 474-5500; email<EMAIL_ADDRESS>    You may view this referenced service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call (816)
329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0771; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Document Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:
     For information relating to Beechcraft Corporation Model
G58 airplanes or part numbers contact: Thomas Teplik, Aerospace
Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport
Road, Room 100, Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax:
(316) 946-4107; email<EMAIL_ADDRESS>     For information relating to Floats and Fuel Cells, Inc.
(FFC) parts manufacturer approval (PMA) fuel cells contact: Keith
Moore, Atlanta Aircraft Certification Office, FAA, 1701 Columbia
Avenue, College Park, Georgia 30337; telephone:<PHONE_NUMBER>; fax:
(404) 474-5500; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Beechcraft
Corporation Model G58 airplanes. The NPRM published in the Federal
Register on October 7, 2014 (79 FR 60384). The NPRM was prompted by
reports of fuel leaks due to fuel cells that did not properly fit;
improper installation of fuel components, which may cause loads on fuel
cells and breach of fuel cells; and improper installation of fuel hoses
and clamps, which may cause fuel leaks in Model G58 airplanes. The NPRM
proposed to require inspecting for and replacing, as necessary, certain
fuel cells. The NPRM also proposed to require inspecting and replacing
parts, as necessary, of the left and right fuel system installations
and correcting torques on fuel system fittings; and prohibit future
installations of certain fuel cells. We are issuing this AD to correct
the unsafe condition on these products.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 60384, October 7,
2014) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 60384, October 7, 2014) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 60384, October 7, 2014).

Costs of Compliance

    We estimate that this AD affects 18 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
              Action                      Labor cost             Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of fuel cells *........  12 work-hours x $85    Not Applicable.......          $1,020          $5,100
                                     per hour = $1,020.
Inspection of left and right fuel   30 work-hours x $85    Not Applicable.......           2,550          28,050
 system installations **.            per hour = $2,550.
Inspection for proper torque on     4 work-hours x $85     Not Applicable.......             340           2,380
 fuel system fittings ***.           per hour = $340.
----------------------------------------------------------------------------------------------------------------
* Applies to the 5 specific serial numbers on the U.S. registry that may have improperly fitting fuel cells
  installed at production.
** Applies to the 11 specific serial numbers on the U.S. registry that must do Part 1 of the service
  information.
*** Applies to the 7 specific serial numbers on the U.S. registry, listed in the service information that must
  do Part 2 of the service information.

    We estimate the following costs to do any necessary installations/
replacements that are required based on the results of inspections. We
have no way of determining the number of airplanes that might need
these installations/replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                 Action                           Labor cost                  Parts cost              product
----------------------------------------------------------------------------------------------------------------
Replacement of left-hand (LH) leading     16 work-hours x $85 per     $2,599 (includes fuel               $3,959
 edge (LE) outboard fuel cell.             hour = $1,360.              cell, $2,545 + clamp/
                                                                       gasket, $54).
Replacement of right-hand (RH) LE         16 work-hours x $85 per     $2,599 (includes fuel                3,959
 outboard fuel cell.                       hour = $1,360.              cell, $2,545 + clamp/
                                                                       gasket, $54).
Replacement of LH LE inboard fuel cell..  16 work-hours x $85 per     $4,264 (includes fuel                5,624
                                           hour = $1,360.              cell, $4,210 + clamp/
                                                                       gasket, $54).
Replacement of RH LE inboard fuel cell..  16 work-hours x $85 per     $2,242 (includes fuel                3,602
                                           hour = $1,360.              cell, $2,188 + clamp/
                                                                       gasket, $54).
Replacement of LH center fuel cell......  16 work-hours x $85 per     $1,931 (includes fuel                3,291
                                           hour = $1,360.              cell, $1,877 + clamp/
                                                                       gasket, $54).
Replacement of RH center fuel cell......  16 work-hours x $85 per     $3,049 (includes fuel                4,409
                                           hour = $1,360.              cell, $2,995 + clamp/
                                                                       gasket, $54).
Replacement of tube assembly, flex hose,  10 work-hours x $85 per     $672 (includes LH and RH             1,522
 and clamps.                               hour = $850.                tube assemblies, flex
                                                                       hoses, and clamps).
----------------------------------------------------------------------------------------------------------------

    According to Beechcraft Corporation, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2014-26-05 Beechcraft Corporation: Amendment 39-18056; Docket No.
FAA-2014-0771; Directorate Identifier 2014-CE-006-AD.

(a) Effective Date

    This AD is effective February 9, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Beechcraft Corporation Model G58 airplanes,
serial numbers (SNs)

TH-2335 through TH-2378, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code: 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by reports of fuel leaks due to fuel cells
that did not properly fit in Model G58 airplanes. We are issuing
this AD to detect and correct improperly fitting fuel cells. We are
also issuing this AD to correct left and right fuel system
installations and set correct torque on fuel system fittings for all
affected airplanes, which if not corrected, could result in
significant fuel leakage. This could lead to an imbalance condition,
which may affect airplane controllability, and/or could lead to an
airplane fire.

(f) Compliance

    Comply with this AD within the compliance times specified in
paragraphs (g) and (h), including all subparagraphs, unless already
done. All of the actions in paragraphs (g) and (h) must be completed
for compliance with this AD. The actions of Beechcraft Mandatory
Service Bulletin SB 28-4127, dated June 2013, and Beechcraft
Mandatory Service Bulletin SB 28-4131, dated November 2013, have
numerous overlapping tasks. Instead of completing the required
actions in paragraph (g) and paragraph (h) separately, you may
complete the actions of both paragraphs concurrently to avoid
repeating the same tasks unnecessarily. We recommend reviewing
Appendices 1 through 3 of this AD for general guidance and
suggestions for task ordering to assist you in not repeating tasks
unnecessarily.

(g) Fuel Cell Inspection

    (1) For Model G58 airplanes, S/Ns TH-2356 through TH-2378:
Within the next 100 hours time-in-service (TIS) after [February 9,
2015 (the effective date of this AD) or within the next 12 months
after February 9, 2015 (the effective date of this AD), whichever
occurs first, inspect the fuel cells (left hand (LH) inboard,
outboard, and center; and right hand (RH) inboard, outboard, and
center) following Beechcraft Mandatory Service Bulletin SB 28-4131,
dated November 2013. If any fuel cell is Beechcraft Corporation P/N
60-921046-5, 60-921046-6, 002-920034-9, 002-920034-10, 58-380003-13,
or 58-380003-14; or Floats and Fuel Cells, Inc. (FFC) parts
manufacturer approval (PMA) P/N B-2503-9/-10; B-2034-3/-4; or B-
2646-3/-4, before further flight, replace the fuel cell(s) with
Beechcraft Corporation P/N 60-921046-1, 60-921046-2, 002-920034-1,
002-920034-2, 58-380003-5, or 58-380003-6, as applicable, following
Beechcraft Mandatory Service Bulletin SB 28-4131, dated November
2013.
    (2) For Model G58 airplanes, S/Ns TH-2335 through TH-2378: As of
February 9, 2015 (the effective date of this AD), do not install the
following P/Ns:
    (i) Beechcraft Corporation P/N 60-921046-5, 60-921046-6, 002-
920034-9, 002-920034-10, 58-380003-13, or 58-380003-14; or
    (ii) FFC PMA fuel cells P/N B-2503-9/-10, B-2034-3/-4, or B-
2646-3/-4.

(h) Fuel System Inspection

    Certain Model G58 airplanes, as listed in paragraphs (h)(1),
(h)(2), and (h)(3) of this AD, may have incorrect left and right
fuel system installations and incorrect torque on fuel system
fittings.
    (1) For Model G58 airplanes, SNs TH-2335, TH-2338 through TH-
2348, TH-2351 through TH-2359, TH-2362 through TH-2366, TH-2369, and
TH-2371 that are already in compliance with Part 1 of the
Accomplishment Instructions in Beechcraft Mandatory Service Bulletin
SB 28-4127, dated June 2013: Within 100 hours TIS after February 9,
2015 (the effective date of this AD) or within the next 12 months
after February 9, 2015 (the effective date of this AD), whichever
occurs first, do the following actions in paragraphs (h)(1)(i) and
(h)(1)(ii), including all subparagraphs as applicable:
    (i) If any discrepancies are/were found during the inspection of
the fuel cell system that required replacement of one of the fuel
cells, do the following actions:
    (A) Review the airplane maintenance records, Airworthiness
Approval Tag (FAA Form 8130-3), or other positive form of parts
identification such as a shipping ticket, invoice, or direct ship
authority letter, to determine if the replaced fuel cell(s) is P/N
60-921046-5, 60-921046-6, 002-920034-9, 002-920034-10, 58-380003-13,
or 58-380003-14; or FFC P/N B-2503-9/-10, B-2034-3/-4, or B-2646-3/-
4.
    (B) If during the check in paragraph (h)(1)(i)(A) of this AD,
you positively identify the replaced fuel cell(s) is not P/N 60-
921046-5, 60-921046-6, 002-92003-9, 002-920034-10, 58-380003-13, or
58-380003-14; or FFC P/N B-2503-9/-10, B-2034-3/-4, or B-2646-3/-4,
go to the required action in paragraph (h)(1)(ii) of this AD.
    (C) If during the check in paragraph (h)(1)(i)(A) of this AD,
you positively identify the replaced fuel cell(s) is P/N 60-921046-
5, 60-921046-6, 002-920034-9, 002-920034-10, 58-380003-13, 58-
380003-14; or FFC P/N B-2503-9/-10, B-2034-3/-4, or B-2646-3/-4,
before further flight, replace the fuel cell(s) with Beechcraft
Corporation P/N 60-921046-1, 60-921046-2, 002-920034-1, 002-920034-
2, 58-380003-5, or 58-380003-6, as applicable, following Beechcraft
Mandatory Service Bulletin SB 28-4131, dated November 2013.
    (D) If during the check in paragraph (h)(1)(i)(A) of this AD,
you cannot positively identify the P/N of the replaced fuel cell(s),
within the next 100 hours TIS after February 9, 2015 (the effective
date of this AD) or within the next 12 months after February 9, 2015
(the effective date of this AD), whichever occurs first, physically
inspect each replaced fuel cell to verify the part number. If the
replaced fuel cell(s) is P/N 60-921046-5, 60-921046-6, 002-920034-9,
002-920034-10, 58-380003-13, 58-380003-14; or FFC P/N B-2503-9/-10,
B-2034-3/-4, or B-2646-3/-4, before further flight, replace the fuel
cell(s) with Beechcraft Corporation P/N 60-921046-1, 60-921046-2,
002-920034-1, 002-920034-2, 58-380003-5, or 58-380003-6, as
applicable, following Beechcraft Mandatory Service Bulletin SB 28-
4131, dated November 2013.
    (ii) Gain access to the wet wing interconnect tube P/N 60-
921047-1 following Part 1 of the Accomplishment Instructions in
Beechcraft Mandatory Service Bulletin SB 28-4127, dated June 2013.
Verify wet wing interconnect tube P/N 60-921047-1 is installed in
leading edge outboard fuel cell with correct clamp P/N 52KS3 or P/N
4852SS305 and the clamp is torqued to 20 to 25 inch pounds.

    Note 1 to paragraphs (h)(1)(ii) and (h)(2)(iii):  The correct
clamp part number and correct torque for installing the wet wing
interconnect tube were inadvertently omitted from Beechcraft
Mandatory Service Bulletin SB 28-4127, dated June 2013, when it was
issued.

    (A) If you can positively identify the wet wing interconnect
tube is installed with the correct clamp and the correct torque
value during the inspection required in paragraph (h)(1)(ii) of this
AD, return airplane to service and perform leak check following Part
1 of the Accomplishment Instructions in Beechcraft Mandatory Service
Bulletin SB 28-4127, dated June 2013.
    (B) If you cannot positively identify the wet wing interconnect
tube is installed with the correct clamp and/or the correct torque
value during the inspection required in paragraph (h)(1)(ii) of this
AD, before further flight, replace the clamp with P/N 52KS3 or P/N
4852SS305 and/or correct the clamp torque to 20 to 25 inch pounds.
Return airplane to service and do a leak check following Part 1 of
the Accomplishment Instructions in Beechcraft Mandatory Service
Bulletin SB 28-4127, dated June 2013.
    (2) For Model G58 airplanes, SNs TH-2335, TH-2338 through TH-
2348, TH-2351 through TH-2359, TH-2362 through TH-2366, TH-2369, and
TH-2371 that are not in compliance with Part 1 of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4127,
dated June 2013: Within 100 hours TIS after February 9, 2015 (the
effective date of this AD) or within the next 12 months after
February 9, 2015 (the effective date of this AD), whichever occurs
first, do the following actions in paragraphs (h)(2)(i) through
(h)(2)(iii) of this AD, including all subparagraphs.
    (i) Inspect the fuel cell system following Part 1 of the
Accomplishment Instructions in Beechcraft Mandatory Service Bulletin
SB 28-4127, dated June 2013.
    (ii) If any discrepancies are found in the inspection required
in paragraph (h)(2)(i) of this AD, before further flight, replace/
correct those discrepancies following Part 1 of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4127,
dated June 2013. If the corrective action requires replacement of
one of the fuel cells, replace the fuel cell with Beechcraft
Corporation P/N 60-921046-1, 60-921046-2, 002-920034-1, 002-920034-
2, 58-380003-5, or 58-380003-6, as applicable.
    (iii) During the inspection required in paragraph (h)(2)(i) of
this AD, ensure that wet wing interconnect tube P/N 60-921047-1 is
installed in the leading edge outboard fuel cell with clamp P/N
52KS3 or P/N

4852SS305 and the clamp is torqued to 20 to 25 inch pounds.
    (A) If you can positively identify the wet wing interconnect
tube is installed with the correct clamp and the correct torque
value during the inspection required in paragraph (h)(2)(iii) of
this AD, return airplane to service and perform leak check following
Part 1 of the Accomplishment Instructions in Beechcraft Mandatory
Service Bulletin SB 28-4127, dated June 2013.
    (B) If you cannot positively identify the wet wing interconnect
tube is installed with the correct clamp and/or the correct torque
value during the inspection required in paragraph (h)(2)(iii) of
this AD, before further flight, replace the clamp with P/N 52KS3 or
P/N 4852SS305 and/or correct the clamp torque to 20 to 25 inch
pounds. Return airplane to service and do leak check following Part
1 of the Accomplishment Instructions in Beechcraft Mandatory Service
Bulletin SB 28-4127, dated June 2013.
    (3) For Model G58 airplanes SNs TH-2336, TH-2337, TH-2349, TH-
2350, TH-2360, TH-2361, TH-2367, TH-2368, TH-2370, TH-2372, and TH-
2373: Within 100 hours TIS after February 9, 2015 (the effective
date of this AD) or within the next 12 months after February 9, 2015
(the effective date of this AD), whichever occurs first, inspect the
fuel system following Part 2 of the Accomplishment Instructions in
Beechcraft Mandatory Service Bulletin SB 28-4127, dated June 2013.
If any discrepancies are found, before further flight, replace/
correct those discrepancies following Part 2 of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4127,
dated June 2013.

(i) Special Flight Permit

    Special flight permits are permitted in accordance with 14 CFR
39.23 provided the following limitation is adhered to: One flight to
a repair facility.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita Aircraft Certification Office (ACO)
(for the Beechcraft parts), FAA, or the Manager, Atlanta ACO (for
the FFC PMA parts), 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 local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the ACO, send it
to the attention of the person identified in paragraph (k) of this
AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    (1) For information relating to Beechcraft Corporation Model G58
airplanes or part numbers contact: Thomas Teplik, Aerospace
Engineer, Wichita ACO, FAA, 1801 Airport Road, Room 100, Wichita,
Kansas 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For information relating to FFC PMA fuel cells contact:
Keith Moore, Atlanta ACO, FAA, 1701 Columbia Avenue, College Park,
Georgia 30337; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (3) For service information identified in this AD, contact
Beechcraft Corporation, 2121 South Hoover Road, Wichita, Kansas
67209; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: www.beechcraft.com. You may
review copies of the referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Beechcraft Corporation Beechcraft Mandatory Service Bulletin
SB 28-4127, dated June 2013.
    (ii) Beechcraft Corporation Beechcraft Mandatory Service
Bulletin SB 28-4131, dated November 2013.
    (3) For Beechcraft Corporation service information identified in
this AD, contact Beechcraft Corporation, 2121 South Hoover Road,
Wichita, Kansas 67209; telephone:<PHONE_NUMBER>; fax: (316) 676-
8027; email<EMAIL_ADDRESS>Internet: www.beechcraft.com.
    (4) You may view this service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

Appendix 1 to AD 2014-26-05

For Model G58 Airplanes Serial Numbers TH-2356 Through TH-2359, TH-2362
Through TH-2366, TH-2369, and TH-2371 That Have Already Completed
Beechcraft Mandatory Service Bulletin SB 28-4131, Dated November 2013,
but Have Not Completed Part 1 of Beechcraft Mandatory Service Bulletin
SB 28-4127, Dated June 2013

    The information in the appendix cannot be used for direct
compliance with the AD. All of the actions in paragraphs (g) and (h)
of this AD must be completed for compliance with this AD. The
following is a suggested order of tasks that may assist the mechanic
in completing overlapping tasks associated with Beechcraft Mandatory
Service Bulletin SB 28-4131, dated November 2013, and Part 1 of
Beechcraft Mandatory Service Bulletin SB 28-4127, dated June 2013.

Suggested Order of Tasks

    1. Do steps (1) through (6) and (6)(a) through (6)(d) (Outboard
Wet Wing Interconnect Area) of Part 1 of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4127.
Ensure that wet wing interconnect tube part number (P/N) 60-921047-1
is installed in the leading edge outboard fuel cell with the correct
clamp P/N 52KS3 or P/N 4852SS305 and the clamp is correctly torqued
to 20 to 25 inch pounds. Note: For step (6)(d) of Part 1 of the
Accomplishment Instructions in Beechcraft Mandatory Service Bulletin
SB 28-4127, the access panels may need to be removed again for
additional tasks listed below.
    2. For any fuel cells that were not replaced while doing
Beechcraft Mandatory Service Bulletin SB 28-4131, inspect by doing
step (7) (Inspection at Three Fuel Cells) of Part 1 of the
Accomplishment Instructions in Beechcraft Mandatory Service Bulletin
SB 28-4127.
    3. If any of the fuel cells are found damaged or leaking during
the inspection, replace with fuel cells listed in Beechcraft
Mandatory Service Bulletin SB 28-4131.
    4. Do steps (8) through (25) (Inspection of Wheel Well and
Nacelle Area) of Part 1 of the Accomplishment Instructions in
Beechcraft Mandatory Service Bulletin SB 28-4127.

Appendix 2 to AD 2014-26-05

For Model G58 Airplanes Serial Numbers TH-2356 Through TH-2359, TH-2362
Through TH-2366, TH-2369, and TH-2371 That Have Not Completed
Beechcraft Mandatory Service Bulletin SB 28-4131, Dated November 2013,
and Have Not Completed Part 1 of Beechcraft Mandatory Service Bulletin
SB 28-4127, Dated June 2013

    The information in the appendix cannot be used for direct
compliance with the AD. All of the actions in paragraphs (g) and (h)
of this AD must be completed for compliance with this AD. The
following is a suggested order of tasks that may assist the mechanic
in completing overlapping tasks associated with Beechcraft Mandatory
Service Bulletin SB 28-4131, dated November 2013, and Part 1 of
Beechcraft Mandatory Service Bulletin SB 28-4127, dated June 2013.

Suggested Order of Tasks

    1. Do steps (1)(a) through (1)(e) of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4131.
This can be done concurrently with steps 1 through 5 of the
Accomplishment Instructions in Beechcraft Mandatory Service Bulletin
SB 28-4127 Part 1.
    2. Do steps (6) and (6)(a) through (6)(d) (Outboard Wet Wing
Interconnect Area) of Part 1 of the Accomplishment Instructions in
Beechcraft Mandatory Service Bulletin SB 28-4127. Ensure that wet
wing interconnect tube part number (P/N) 60-921047-1 is installed in
the leading edge outboard fuel cell with the correct clamp P/N 52KS3
or P/N 4852SS305 and the clamp is correctly torqued to 20 to 25 inch
pounds.

    Note:  For step (6)(d) of Part 1 of the Accomplishment
Instructions in Beechcraft

Mandatory Service Bulletin SB 28-4127, the access panels may need to
be removed again for additional tasks listed below.

    3. Do step (1)(f) of the Accomplishment Instructions in
Beechcraft Mandatory Service Bulletin SB 28-4131.
    4. If it has been determined by doing step 1(f) of Beechcraft
Mandatory Service Bulletin SB 28-4131, that any of the following
correct fuel cells P/Ns 60-921046-1, 60-921046-2, 002-920034-1, 002-
920034-2, 58-380003-5, or 58-380003-6 are installed in the airplane,
do steps (7)(a) through (7)(c) (Inspection at Three Fuel Cells) of
Part 1 of the Accomplishment Instructions in Beechcraft Mandatory
Service Bulletin SB 28-4127. These steps ensure P/Ns 60-921046-1,
60-921046-2, 002-920034-1, 002-920034-2, 58-380003-5, or 58-380003-6
is properly installed.
    5. If it has been determined by doing step 1(f) of Beechcraft
Mandatory Service Bulletin SB 28-4131, that any of the following
fuel cell P/Ns 60-921046-5, 60-921046-6, 002-920034-9, 002-920034-
10, 58-380003-13, or 58-380003-14 or PMA part numbers B-2503-9/-10,
B-2034-3/-4, or B-2646-3/-4 are installed in the airplane, do steps
(2) through (5) of the Accomplishment Instructions in Beechcraft
Mandatory Service Bulletin SB 28-4131. These steps ensure improperly
fitting fuel cells are removed from the airplane. Do steps (7)(a)
through (7)(c) (Inspection at Three Fuel Cells) of Part 1 of the
Accomplishment Instructions in Beechcraft Mandatory Service Bulletin
SB 28-4127. For any fuel cell that needs replacing, replace with
fuel cells listed in Beechcraft Mandatory Service Bulletin SB 28-
4131.
    6. Do step (7)(d) of Part 1 of the Accomplishment Instructions
in Beechcraft Mandatory Service Bulletin SB 28-4127. This step can
be done concurrently with step (5) of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4131.
    7. Do steps (8) through (25) (Wheel Well and Nacelle Area and
Final Check) of Part 1 of the Accomplishment Instructions in
Beechcraft Mandatory Service Bulletin SB 28-4127.
    8. Do steps (6) through (10) of the Accomplishment Instructions
in Beechcraft Mandatory Service Bulletin SB 28-4131.

    Note:  Steps (21), (24), and (25) from task 7 and steps (8),
(9), and (10) from task 8 can be done concurrently.

Appendix 3 to AD 2014-26-05

For Model G58 Airplanes Serial Numbers TH-2360, TH-2361, TH-2367, TH-
2368, TH-2370, TH-2372, and TH-2373 That Have Not Completed Beechcraft
Mandatory Service Bulletin SB 28-4131, Dated November 2013 and Have Not
Completed Part 2 of Beechcraft Mandatory Service Bulletin SB 28-4127,
Dated June 2013

    The information in the appendix cannot be used for direct
compliance with the AD. All of the actions in paragraphs (g) and (h)
of this AD must be completed for compliance with this AD. The
following is a suggested order of tasks that may assist the mechanic
in completing overlapping tasks associated with Beechcraft Mandatory
Service Bulletin SB 28-4131, dated November 2013, and Part 2 of
Beechcraft Mandatory Service Bulletin SB 28-4127, dated June 2013.

Suggested Order of Tasks

    1. Do steps (1) through (5) of the Accomplishment Instructions
in Beechcraft Mandatory Service Bulletin SB 28-4131.
    2. Do steps (7) and (8) of the Accomplishment Instructions in
Beechcraft Mandatory Service Bulletin SB 28-4131.
    3. Do steps (1) through (6) of Part 2 of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4127.
For step (2), heat shields should have been previously removed for
Beechcraft Mandatory Service Bulletin SB 28-4131.
    4. Do steps (7) through (11) of Part 2 of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4127.
    5. Do steps (6), (9), and (10) of the Accomplishment
Instructions in Beechcraft Mandatory Service Bulletin SB 28-4131.
    Note: Steps (9) and (10) from task 5 and steps (10), and (11)
from task 4 can be done concurrently.

    Issued in Kansas City, Missouri, on December 22, 2014.
Robert Busto,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-30490 Filed 1-2-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Proposed Rules]
[Page 32349-32351]
[DOCID:fr08jn10-35]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0308]
RIN 1625-AA09

Drawbridge Operation Regulation; Old River, Between Victoria
Island and Byron Tract, CA

AGENCY: Coast Guard, DHS.

ACTION: Advance notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is seeking comments and information on how
best to address a proposal to change the operating regulation for the
State Highway 4 Drawbridge, mile 14.8, over Old River. The bridge owner
has asked to change from the existing requirement by eliminating the
``on signal'' openings and replacing them with an ``open on signal if
at least 4 hours notice is given'' at all times. The 4 hour notice
would be provided to the drawtender at the Rio Vista drawbridge across
the Sacramento River, mile 12.8. This proposed change may reduce
unnecessary staffing of the drawbridge during observed periods of
reduced navigational activity.

DATES: Comments and related material must reach the Coast Guard on or
before July 23, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0308 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>. To avoid duplication, please use only one of
these four methods. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail David H. Sulouff, Chief, Bridge Section, Eleventh Coast
Guard District; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to respond to this notice by submitting comments
and related materials. All comments received will be posted without
change to http://www.regulations.gov and will include any personal
information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (USCG-2009-0308), 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
(via http://www.regulations.gov) or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online via
http://www.regulations.gov, it will be considered received by the Coast
Guard when you successfully transmit the comment. If you fax, hand
deliver, or mail your comment, it will be considered as having been
received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2009-0308'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. 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 them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0308'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one before the comment period ends, using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
in solving this problem, we will hold one at a time and place announced
by a later notice in the Federal Register.

Background

    Presently, the California Department of Transportation (Caltrans)
is the owner of the State Route 4 Drawbridge, mile 14.8, over Old
River, between Victoria Island and Byron Tract, CA (herein referenced
as Old River State Route 4 Drawbridge). Caltrans operates this
drawbridge in accordance with 33 CFR 117.183: Specifically, opening the
drawbridge on signal from May 1 through October 31 from 6 a.m. to 10
p.m. and from November 1 through April 30 from 9 a.m. to 5 p.m. and at
all other times, opening the draw on signal if at least four hours
advance notice is given to the drawtender at the Rio Vista drawbridge
across the Sacramento River, mile 12.8. The Old River State Route 4
Drawbridge provides 12 feet of vertical clearance for vessels above
Mean High Water (MHW) in the closed-to-navigation position and
unlimited vertical clearance when open.
    Old River is 44 miles in length and is navigable in its entirety,
from Franks Tract Recreation Area to the west to the San Joaquin River
to the east. It is located in the southern portion of the San Joaquin
River Delta. There are approximately 10 marinas on Old River and nearby
waterways. From July 2007 through July 2008 the Old River State Route 4
Drawbridge opened for vessels 42 times, an average of 3.5 times per
month. From August 2008 through January 2009 the Old River State Route
4 Drawbridge opened 24 times, an average of 2 times per month. Most
openings have been for recreational vessels. Commercial vessels
regularly transiting the area are barges used in emergency and routine
levee repair. Channel maintenance, dredging, search and rescue and law
enforcement vessels also use the waterway.
    Due to infrequent calls for drawbridge openings, Caltrans has
requested a four hour notification for all drawbridge openings at this
location. A four hour notification may allow Caltrans to use personnel
more efficiently, reduce unnecessary staffing of the drawbridge during
periods of navigational inactivity, and may continue to meet the
reasonable needs of navigation on the waterway.

Information Requested

    Based on the last analysis of this waterway the Coast Guard
determined in 1985 that the existing regulation met the reasonable
needs of waterway traffic while still meeting the needs of land traffic
and Caltrans.
    To aid us in developing this proposed rule, we seek response from
all waterway users to the following questions:
    (1) Would changing the existing operating schedule of the Old River
State Route 4 Drawbridge (found at 33 CFR 117.183), to the proposed 4
hour advance notice at all times, add or subtract transit time through
this bridge or on the waterway?
    (2) Would there be a significant economic impact on a substantial
number of small entities as described in the Regulatory Flexibility Act
(5 U.S.C. 601-612)? The term ``small entities'' comprises small
businesses, not-for-profit organizations that are independently owned
and operated and are not dominant in their fields, and governmental
jurisdictions with populations of less than 50,000.

    This document is issued under authority of 5 U.S.C. 552(a); 33 CFR
1.05-1; and 117.8.

    Dated: May 20, 2010.
J.R. Castillo,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 2010-13642 Filed 6-7-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Notices]
[Pages 50131-50132]
[FR Doc No: 2018-21586]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84311; File No. SR-Phlx-2018-55]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Order Approving a
Proposed Rule Change Relating to Anticipatory Hedging

September 28, 2018.

I. Introduction

    On August 3, 2018, Nasdaq PHLX LLC (``Exchange'' or ``Phlx'') 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 amending
Phlx's Rule 1064(d), relating to anticipatory hedging of crossing,
facilitation, and solicited orders. The proposed rule change was
published for comment in the Federal Register on August 16, 2018.\3\
The Commission received no comment letters on the proposed rule change.
This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 83826 (Aug. 10,
2018), 83 FR 40797 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The Exchange has proposed to amend Phlx Rule 1064(d), governing
anticipatory hedging relating to crossing, facilitation, and
solicitation orders. Specifically, the Exchange has proposed to lower
the eligibility size for the ``tied hedge'' exception to the
anticipatory hedging prohibition from 500 contracts to 50 contracts per
order \4\ for options on the Nasdaq 100 Index, including options with
nonstandard expiration dates (``NDX'' and ``NDXP'').\5\ The tied hedge
exception eligibility size for all other options orders will remain at
500 contracts per order.\6\
---------------------------------------------------------------------------

    \4\ See Proposed Phlx Rule 1064(d)(iii)(A).
    \5\ NDX represents A.M.-settled options on the Nasdaq
100[supreg] Index. NDXP represent P.M.-settled options on the Nasdaq
100[supreg] Index.
    \6\ See Proposed Phlx Rule 1064(d)(iii)(A).
---------------------------------------------------------------------------

    Phlx Rule 1064(d) governing anticipatory hedging prohibits member
organizations and associated persons of members and member
organizations who have knowledge of the material terms and conditions
of a solicited, facilitated, or crossed order that is to be imminently
executed from entering, based on such knowledge, an order to buy or
sell the underlying security, an option for the same underlying
security, or any related instrument \7\ until certain conditions set
forth in the rule are met.\8\ Specifically, the order may only be
entered when (i) the terms and conditions of the order and any changes
in the terms of the order that the member, member organization, or
associated person has knowledge of are disclosed to the trading crowd,
or (ii) the trade can no longer reasonably be considered imminent in
view of the passage of time since the order was received.
---------------------------------------------------------------------------

    \7\ See Phlx Rule 1064(d)(ii), which states that an order to buy
or sell a ``related instrument'' means, in reference to an index
option, an order to buy or sell securities comprising 10% or more of
the component securities in the index or an order to buy or sell a
futures contract on an economically equivalent index.
    \8\ See Phlx Rule 1064(d).
---------------------------------------------------------------------------

    Phlx Rule 1064(d)(iii) sets forth an exception to this rule, known
as the ``tied hedge'' exception. Under such exception, a member or
member organization is not prohibited from buying or selling a stock,
security futures, or future position following the receipt of an option
order, including a complex order, but prior to announcing such order to
the trading crowd, provided that the option order is in a class
designated as eligible for ``tied hedge'' transactions,\9\ as
determined by the Exchange, and is within the designated tied hedge
eligibility size parameters, also determined by the Exchange and which
may not be smaller than 500 contracts per order.\10\
---------------------------------------------------------------------------

    \9\ See Phlx Rule 1064(d)(iii)(C)-(H).
    \10\ See Phlx Rule 1064(d)(iii)(A). The rule also provides that
there shall be no aggregation of multiple orders to satisfy the size
parameters.
---------------------------------------------------------------------------

    The Exchange now proposes to lower the minimum tied hedge
eligibility size threshold for NDX and NDXP, from 500 contracts to 50
contracts. The Exchange asserts that this smaller eligibility size for
NDX and NDXP is appropriate because the index value for NDX and NDXP is
high as compared to other securities instruments and would reduce the
minimum notional value required for a trade to be eligible for the tied
hedge exception.
    The Exchange also proposes to amend Phlx Rule 1066 to delete the
term ``Phlx XL'' and replace it with the term ``System.'' \11\ It also
proposes to amend an incorrect cross-reference to the tied hedge
exception, Commentary .04 to Phlx Rule 1064, and replace it with the
correct cross-reference, Rule 1064(d)(iii).\12\
---------------------------------------------------------------------------

    \11\ See Proposed Phlx Rule 1066. See also Phlx Rule 1000(b)(45)
(defining ``System'').
    \12\ See Proposed Phlx Rule 1066(f)(4).
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act \13\ and the
rules and regulations thereunder applicable to a national securities
exchange.\14\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\15\ which
requires 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 facilitating 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.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    When adopting the tied-hedge exception, Phlx described the
provision as a limited exception that remained in keeping with the
original design of the anticipatory hedging prohibition,\16\ while
responding to increased trading in the over-the-counter market and
changes in the marketplace that favored volatility trading
strategies.\17\ The Exchange explained that the primary purpose of the
500 contracts minimum eligibility size provision of the tied hedge
exception was to limit the use of the tied hedge procedures to larger
orders that might benefit from the member's or member organization's
ability to execute a facilitating hedge.\18\
---------------------------------------------------------------------------

    \16\ The Exchange stated that when it originally adopted the
anticipatory hedging prohibition, it believed the prohibition was
necessary to prevent members and associated persons from using
undisclosed, non-public information about imminent solicited options
transactions to trade in advance of persons represented in the
options crowd. See Notice, supra note 3, at 40798. See also
Securities Exchange Act Release No. 44740 (August 23, 2001), 66 FR
45721 (August 29, 2001) (SR-Phlx-2001-61).
    \17\ See Securities Exchange Act Release No. 61066 (November 25,
2009), 74 FR 63162 (December 2, 2009) (SR-Phlx-2009-98).
    \18\ Id.

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

    As noted above, the Exchange asserts that a lower tied hedge
minimum eligibility size is appropriate for options on the Nasdaq 100
Index because the index value for NDX and NDXP is high compared to the
index values of other security instruments, adding that a size of 50
contracts for NDX is still considered a large size order given NDX's
higher notional value.\19\ To illustrate the high notional value of
options on the Nasdaq 100 Index, Phlx stated that based on the index
value, the multiplier, and the premium value, the current 500 minimum
contract size parameter would require an NDX options transaction with a
premium of approximately $6.5 million in order to qualify for the
rule's tied hedge exception.\20\
---------------------------------------------------------------------------

    \19\ See Notice, supra note 3, at 40798-99.
    \20\ See Notice, supra note 3, at 40798.
---------------------------------------------------------------------------

    The Commission believes that the reduced tied hedge eligibility
size requirement of 50 contracts for options on the Nasdaq 100 Index is
in line with the original intent of the provision, as it will continue
to be limited to larger orders, given the relatively higher index value
and notional value of NDX and NDXP.\21\ While the reduction in the
minimum size requirement may allow more transactions to qualify for the
tied hedge exception, the Commission believes that the proposed change
is narrow in scope as it relates only to options in NDX and NDXP and
will continue to provide only a limited exception for larger orders
meeting the conditions of the rule.\22\
---------------------------------------------------------------------------

    \21\ See Notice, supra note 3, at 40798-99. The Commission also
notes that the Exchange represented that it conducts surveillance in
connection with anticipatory hedging. Specifically, the Exchange
represented that it conducts on-floor surveillance to ensure both
the stock and option components of the trade were exposed in open
outcry and that the trading crowd had a reasonable opportunity to
participate in the transaction. The Exchange asserted that it also
conducts post-trade surveillance. The Exchange also noted that prior
to entering tied hedge orders on behalf of customers, the member or
member organization must deliver to the customer a written
notification informing the customer that his order may be executed
using the Exchange's tied hedge procedures. See Phlx Rule
1064(d)(iii)(G).
    \22\ The Commission notes that the Exchange represented that
tied hedge transactions do not occur with great frequency on the
Exchange's trading floor. Id.
---------------------------------------------------------------------------

    The Commission also finds that the non-substantive changes to Phlx
Rule 1066 are designed to protect investors and the public interest by
adding clarity and transparency to the rules.
    For the reasons noted above, the Commission finds that the proposed
rule change is consistent with the Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\23\ that the proposed rule change (SR-Phlx-2018-55) be, and hereby
is, approved.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(2).
    \24\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-21586 Filed 10-3-18; 8:45 am]
 BILLING CODE 8011-01-P