ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-TRI-2007-0355; FRL-    - ]

Agency Information Collection Activities, Proposed Collections; Toxic
Chemical Release

Reporting; Request for Comments on Proposed Changes and the Renewal of
Form R (EPA ICR No. 1363.15, OMB Control No. 2070-0093 )

AGENCY:	Environmental Protection Agency

ACTION:	Notice.

SUMMARY:	In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval.  This is a request to make changes to and
renew an existing approved collection.  The ICR Supporting Statement,
SEQ CHAPTER \h \r 1 which is abstracted below, describes the nature of
the information collection (including proposed minor form changes) and
its estimated burden and cost.

DATES: Additional comments may be submitted on or before [insert date 30
days after publication in the Federal Register].

ADDRESSES:  Submit your comments, referencing Docket ID No.
EPA-HQ-TRI-2007-0355, to (1) EPA online using   HYPERLINK
"http://www.regulations.gov"  http://www.regulations.gov  (our preferred
method), by email to   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>, or by mail to EPA Docket Center, U.S. Environmental
Protection Agency, Mail Code 2822T, 1200 Pennsylvania Ave., NW,
Washington, DC 20460, and (2) OMB by mail to Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attention:
Desk Officer for EPA, 725 17th Street, NW, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT:  Cassandra Vail, Toxics Release
Inventory Program Division, Office of Information Analysis and Access
(2844T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW,
Washington, DC 20460; telephone number,<PHONE_NUMBER>; fax number,
202-566-0740; email address,   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>.

SUPPLEMENTARY INFORMATION: EPA submitted an earlier version of the ICR
Supporting Statement to OMB for review and approval according to the
procedures prescribed in 5 CFR 1320.12. On July 11, 2007 (72 FR 37762),
EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d).  EPA
received four comments   SEQ CHAPTER \h \r 1 during the comment period,
which are addressed in the Response to Comments Document.  Any
additional comments on the revised ICR Supporting Statement should be
submitted to EPA and OMB within 30 days of this notice.

EPA has established a public docket for the ICR described in this notice
under Docket ID No. EPA-HQ-TRI-2007-0355, which is available for online
viewing at   HYPERLINK "http://www.regulations.gov"
http://www.regulations.gov , or in person at the OEI Docket, EPA Docket
Center (EPA/DC), U.S. EPA West Building, Room 3334, 1301 Constitution
Ave., NW, Washington, DC. The EPA/DC Public Reading Room is open from 8
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone
number for the OEI Docket is<PHONE_NUMBER>.

Use EPA’s electronic docket and comment system at   HYPERLINK
"http://www.regulations.gov"  http://www.regulations.gov  to submit or
view public comments, to access the index listing of the contents of the
docket, and to access those documents in the docket that are available
electronically. Once in the system, select “docket search,” then key
in the docket ID number identified above. Please note that EPA’s
policy is that public comments, whether submitted electronically or in
paper, will be made available for public viewing at   HYPERLINK
"http://www.regulations.gov"  http://www.regulations.gov  as EPA
receives them and without change, unless the comment contains
copyrighted materials, Confidential Business Information (CBI,) or other
information for which public disclosure is restricted by statute. For
further information about the electronic docket, go to   HYPERLINK
"http://www.regulations.gov"  http://www.regulations.gov .

Title:   ICR Renewal and Proposed Changes to the TRI Form R, Information
Collection Request Supporting Statement.

ICR numbers:  EPA ICR No. 1363.15, OMB Control No. 2070-0093.

ICR Status:  The current ICR is scheduled to expire on January 31, 2008.
 Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
The OMB control numbers for EPA's regulations in title 40 of the CFR,
after appearing in the Federal Register when approved, are listed in 40
CFR part 9 and are displayed either by publication in the Federal
Register or by other appropriate means, such as on the related
collection instrument or form, if applicable.  The display of OMB
control numbers in certain EPA regulations is consolidated in 40 CFR
part 9.

Abstract:  The Emergency Planning and Community Right-to-Know Act
(EPCRA) section 313 requires owners and operators of certain facilities
that manufacture, process, or otherwise use any of certain listed toxic
chemicals and chemical categories in excess of applicable threshold
quantities to report annually to the U.S. Environmental Protection
Agency and to the states in which such facilities are located on their
environmental releases and transfers of and other waste management
activities for such chemicals. In addition, section 6607 of the
Pollution Prevention Act (PPA) requires facilities to provide
information on the quantities of the toxic chemicals in waste streams
and the efforts made to reduce or eliminate those quantities. Annual
reporting under EPCRA section 313 of toxic chemical releases and other
waste management information provides citizens with a useful picture of
the total disposition of chemicals in their communities and helps focus
industry’s attention on pollution prevention and source reduction
opportunities.

In accordance with the mission to protect the environment and human
health, EPA believes that the public has a right to know about the
disposition of chemicals within communities and the management of such
chemicals by facilities in industries subject to EPCRA section 313
reporting. This reporting has been successful in providing communities
with important information regarding the disposition of toxic chemicals
and other waste management information of toxic chemicals from
manufacturing facilities in their areas. EPA collects, processes, and
makes available to the public all of the information collected that is
not subject to trade secrecy claims. The information gathered under
these authorities is stored in a database maintained at EPA and is
available through the Internet.

This information, commonly known as the Toxics Release Inventory (TRI),
is used extensively by both EPA and the public sector. Program offices
within EPA use TRI data, along with other sources of data, to establish
priorities, evaluate potential exposure scenarios, and undertake
regulatory and enforcement activities. Environmental and public interest
groups use the data in studies and reports, making the public more aware
of releases of chemicals in their communities. Comprehensive
publicly-available data about releases, transfers, and other waste
management activities of toxic chemicals at the community level are
generally not available, other than under the reporting requirements of
EPCRA section 313. Permit data are often difficult to obtain, are not
cross-media, and provide only a limited perspective on a facility’s
overall performance. With TRI, communities and governments know what
toxic chemicals industrial facilities in their area release, transfer,
or otherwise manage as waste. In addition, industries have an additional
tool for evaluating their production efficiencies and for measuring
progress on their pollution prevention goals.

Responses to the collection of information are mandatory (see 40 CFR
part 372). Respondents may claim trade secrecy for a chemical’s
identity as described in section 322 of EPCRA and its implementing
regulations in 40 CFR part 350. EPA will disclose information that is
covered by a claim of trade secrecy only to the extent permitted by, and
in accordance with, the procedures in 40 CFR part 350 and 40 CFR part 2.
An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA’s
regulations in 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable.

Burden Statement:  The annual public reporting and recordkeeping burden
for this collection of information is estimated to average 29.66 hours
per form for a single listed Non-PBT chemical and 51.34 hours for a
single listed PBT chemical. (All estimates incorporate proposed changes
in the reporting burden.) Burden means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency.  This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.

Respondents/Affected Entities:  The reporting requirements found in
EPCRA section 313 apply to owners and operators of facilities that have
10 or more full-time employees, manufacture or process more than 25,000
pounds or otherwise use more than 10,000 pounds of a listed chemical,
and are in the manufacturing sector or in any of seven additional
industry sectors added to the TRI Program by EPA in 1997. Historically
these sectors were identified by their Standard Industrial
Classification (SIC) codes. Beginning with Reporting Year (RY) 2006, the
TRI Program converted from SIC codes to North American Industry
Classification System (NAICS) codes (71 FR 32464, June 6, 2006). The
full list of NAICS codes for facilities that must report to TRI
(including exemptions and/or limitations) if all other threshold
determinations are met can be found in Appendix F of the ICR Supporting
Statement.

	Estimated Number of Responsesdents:  19,44166,751.

	Estimated Number of Respondents: 19,441

Frequency of Response:  once per year.

	Estimated Total Annual Hour Burden:  3,217,280.

	Estimated Total Annual Cost:  $160,790,000, includes $0 annualized
capital or O&M costs.

Changes in the Estimates:  In this ICR Renewal, the effect of the TRI
final rule expanding Form A eligibility (71 FR 76932, December 22, 2006)
is expected to reduce overall TRI reporting burden due to increased Form
A eligibility (i.e., number of Form Rs decreased and number of Form As
increased, yielding a net burden decrease) with total respondent burden
of Form R reporting projected at 3,215,715 hours.

Proposed Changes from the Last Approval: EPA proposes to make the
following changes to the ICR for the TRI Form R:

1) Provide more specific "basis of estimate" codes (applies to Form R
only.) Facilities may currently select among four codes to indicate how
they calculate their release quantities: the use of monitoring data
(code M), mass balance calculations (C), emission factors (E), and other
approaches (O). The addition of more specific codes in the TRI Reporting
Forms and Instructions  will allow reporting facilities to provide more
detailed information on their basis of estimate. Collecting more
specific “basis of estimate” data will help the TRI Program
determine which methods are most often used and/or appropriate for use
by particular industries for certain chemicals, as well as when new TRI
guidance may be needed. Therefore, EPA will provide a more extensive
list of codes for "basis of estimate" in the TRI Reporting Forms and
Instructions, including (M1) and (M2) for continuous and periodic/random
monitoring, respectively; and (E1) and (E2) for published and
site-specific emission factors, respectively. (Codes (C) and (O) will
remain unchanged.) By using these codes, facilities will indicate the
principal method used to determine the quantities reported to TRI.

	2) Enhance Public Contact information (applies to Form and Form A.)
EPA proposes to add a place on the form where a facility can provide the
e-mail address for the “Public Contact” on the Form R, in addition
to the Public Contact name and telephone number which are already on the
Form R. This should make it easier to contact the individual identified.

	3) Add boxes for entering revision codes (applies to Form R and Form
A.) The TRI Program currently receives many form revisions each year,
but does not currently collect information on the reasons for the
revisions. EPA proposes to add new revision codes that will help both
the public and the TRI Program staff understand why a facility
resubmitted a form. In addition, the TRI Program may be able to analyze
the revision codes entered by facilities to identify and address
recurring reporting issues that facilities may be facing, ultimately
reducing errors and saving time for both the Agency and the reporting
facilities. Facilities would be able to report up to two codes (listed
and defined in the TRI Reporting Forms and Instructions) indicating the
main reason(s) that a form is being revised.

Provide a field for withdrawing a form and add boxes for entering
withdrawal

 Codes (applies to Form R and Form A.) Currently, a facility that wishes
to withdraw a previously submitted form must submit its request,
including the rationale, as a hard copy memorandum to the TRI Data
Processing Center. Adding a "Withdrawal" field and associated code boxes
for reasons for withdrawal to Form R will (1) streamline the withdrawal
process for facilities, (2) make it easier for EPA to automate the
withdrawal process, and (3) improve the Agency’s ability to analyze
the reasons for withdrawals.

	Notes:

1. EPA also proposed other changes (72 FR 37762; July 11, 2007) but has
since concluded those changes are not necessary.

2. Additional changes were made to adjust estimates for “Number of
Responses” and “Burden Hours” to reflect the most recent
conditions of RY2005. In the last ICR, RY2002 was the base year; in the
last OMB Action, RY2004 was the base year. Over this period of time, the
total number of Form R submissions declined.

Dated:  _____________

_____________________________

Sara Hisel-McCoy, Director,

Collection Strategies Division,

Office of Information Collection,

Office of Environmental Information

BILLING CODE 6560-50

Page   PAGE  8  of   NUMPAGES  8


[Federal Register: April 13, 2009 (Volume 74, Number 69)]
[Notices]
[Page 16885]
[DOCID:fr13ap09-83]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1824-DR; Docket ID FEMA-2008-0018]

Oregon; Amendment No. 3 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the
State of Oregon (FEMA-1824-DR), dated March 2, 2009, and related
determinations.

DATES: Effective Date: April 2, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period is now December 13, 2008, through and including December 26,
2008.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Nancy Ward,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. E9-8372 Filed 4-10-09; 8:45 am]

BILLING CODE 9111-23-P


[Federal Register: December 20, 2007 (Volume 72, Number 244)]
[Notices]
[Page 72435-72436]
[DOCID:fr20de07-115]

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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2007-0108]

National Task Force To Develop Model Contingency Plans To Deal
With Lengthy Airline On-Board Ground Delays

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Notice of Intent (NOI) to Form an Advisory Committee.

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

SUMMARY: OST is establishing a National Task Force to develop model
contingency plans to deal with lengthy airline on-board ground delays.
The Task Force will be composed of individuals appointed by the
Secretary of Transportation who represent a cross-section of the
diverse agencies, organizations and individuals that represent
airlines, airports and consumer groups in the U.S. The Task Force will
also ensure that members of the public are able to present their views
to it. The purpose of this notice is to invite interested parties,
organizations, and individuals, to submit applications to be considered
for representation on the Task Force.

DATES: Comments and/or applications for membership or nominations for
membership on the Task Force must be received on or before January 4,
2008.

FOR FURTHER INFORMATION CONTACT: Livaughn Chapman, Jr., Office of the
General Counsel, U.S. Department of Transportation, 1200 New Jersey
Ave., SE., W-96-429, Washington, DC 20590-0001; Phone:<PHONE_NUMBER>;
Fax:<PHONE_NUMBER>; E-mail<EMAIL_ADDRESS>
ADDRESSES: You may submit comments or applications by any of the
following methods:
     Web site: http://www.regulations.gov.

     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.
     Hand Delivery: West Building, Ground Floor, Rm. W-12-140,
1200 New Jersey Ave., SE., Washington, DC 20590-0001 (between 9 a.m.
and 5 p.m. EST, Monday through Friday, except on Federal holidays).
    Instructions: All submissions must include the agency name and
docket number for this notice. Note that all filings received will be
posted without change to http://www.regulations.gov, including any

personal information provided.
    Docket: For access to the docket to read background documents, go
to http://www.regulations.gov at any time or West Building, Ground

Floor, Rm. W-12-140, 1200 New Jersey Ave., SE., Washington, DC 20590-
0001, between 9 a.m. and 5 p.m. EST, Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    DOT's Office of Inspector General recommended, in its audit report,
entitled ``Actions Needed to Minimize Long, On-Board Flight Delays,''
issued on September 25, 2007, that the Secretary of Transportation
establish a national task force of airlines, airports, and the Federal
Aviation Administration to coordinate and develop contingency plans to
deal with lengthy delays, such as working with carriers and airports to
share facilities and make gates available in an

emergency. The Department is taking action to effectuate this
recommendation.

A. Notice of Intent To Establish a Task Force and Request for Comment

    In accordance with the requirements of the Federal Advisory
Committee Act (FACA), an agency of the Federal government cannot
establish or utilize a group of people in the interest of obtaining
consensus advice or recommendations unless that group is chartered as a
Federal advisory committee. The purpose of this notice is to indicate
that it is OST's intent to create a Task Force to develop model
contingency plans to deal with lengthy airline on-board ground delays.
OST has determined that the establishment of this Task Force is
necessary and in the public interest.

B. Name of Committee

    National Task Force To Develop Model Contingency Plans To Deal With
Lengthy Airline On-Board Ground Delays.

C. Purpose and Objective

    (1) The Task Force will develop model contingency plans for
minimizing the impact of lengthy airline on-board ground delays.
    (2) The Task Force will be responsible for reviewing incidents
involving long, on-board ground delays and their causes; identifying
trends and patterns of such events; and recommending workable solutions
for mitigating the on-board consumer impact of extraordinary flight
disruptions.
    (3) The Task Force will report to the Secretary of Transportation
the results of its consideration and a description of model contingency
plans it develops.
    (4) The Task Force will not exercise program management, regulatory
or program guidance responsibilities. It will make no decision directly
affecting the programs on which it provides advice. The Task Force will
provide a forum for the development, consideration, and communication
from a knowledgeable and independent perspective of a strategy for
dealing with lengthy on-board ground delays nationwide.

D. Balanced Membership Plans

    The Task Force will be composed of individuals appointed by the
Secretary of Transportation. Task Force members will represent a cross-
section of the diverse agencies, organizations and individuals that
represent airlines, airports and consumer groups in the U.S.
    This document gives notice to potential participants of the process
and affords them the opportunity to request representation on the Task
Force. The procedure for requesting such representation is set out
below. In addition, we invite comments and suggestions for potential
participants.
    OST is aware that there are many more potential organizations and
participants than there are membership positions on the Task Force. It
is very important to recognize that interested parties who are not
selected for membership on the Task Force can make valuable
contributions to the work of the Task Force in several ways. For
example, the person or organization could request to be placed on the
Task Force mailing list and may submit written comments to the Task
Force.
    Further, any member of the public is welcome to attend Task Force
meetings, and, as provided in the FACA, speak to the Task Force. Time
will be set aside during meetings for this purpose as appropriate.

E. Applications for Membership

    Each Application for membership or nomination to the Task Force
should include:
    (1) A brief resume or letter (no more than one page) demonstrating
the applicant or nominee's unique qualifications and why they are
interested in serving on the Task Force (please note, resumes or
letters will be posted on the public docket and therefore should not
contain personal information such as date of birth, etc.)
    (2) Evidence that the applicant or nominee is authorized to
represent parties related to the interest(s) the person proposes to
represent; and
    (3) A written commitment that the applicant or nominee would
participate in good faith.
    Since all comments and/or applications for membership or
nominations for membership on the Task Force will be posted on the
Public Docket, we encourage you to include only that information you
are willing to provide for the public docket and submit your
application electronically using the docket number provided on this
notice through the Federal Docket Management System found at http://www.regulations.gov
.

F. Duration

    The Task Force will terminate one year after the date of the filing
of the Task Force charter unless prior to that time the charter is
terminated or extended in accordance with the FACA.

G. Notice of Establishment

    After evaluating applications and nominations received as a result
of this notice, the Department will publish in the Federal Register a
notice announcing the establishment and composition of the Task Force.

    Issued on: December 17, 2007.
Samuel Podberesky,
Assistant General Counsel for Aviation Enforcement & Proceedings, U.S.
Department of Transportation.
 [FR Doc. E7-24745 Filed 12-19-07; 8:45 am]

BILLING CODE 4910-9X-P


PAPERWORK REDUCTION ACT SUBMISSION 1. Agency/ Subagency originating request EPA/ OSWER/ OSW 2. OMB control number b.

None a. 2050 0034 3. Type of information collection ( check one)

a. New collection

b. Revision of a currently approved collection  c. Extension of a currently approved collection

d. Reinstatement, without change, of a previously approved collection for which approval has expired

e. Reinstatement, with change, of a previously approved collection for which approval has expired

f. Existing collection in use without an OMB control number 4. Type of review requested ( check one)

 a. Regular

b. Emergency

c. Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities?

Yes  No 6. Requested Expiration Date  a. Three years from the approval date

b. Other 7. Title RCRA Hazardous Waste Permit Application and Modification, Part A ( Renewal)

8. Agency form number( s) ( If applicable) ICR # 0262.11, EPA Form 8700 23 9. Keywords hazardous waste treatment and disposal, reporting and recordkeeping requirements 10. Abstract Section 3005 RCRA requires owners or operators of a facility that treats, stores, or disposes of regulated wastes to obtain a permit. The RCRA permit application has two parts: Part A and Part B. Part A defines the processes to be used for treatment, storage, and disposal of hazardous wastes, the design capacity of each process, and the specific hazardous wastes to be managed. EPA uses the information provided in the Part A application to define which processes can be used and which wastes can be managed subject to permitting requirements in a manner protective of human health and the environment.

11. Affected public

a. Individuals or households P b. Business or other for profit

c. Not for profit institutions

d. Farms  e. Federal Government

f. State, Local or Tribal Government 12. Obligation to respond

a. Voluntary

b. Required to obtain or retain benefits P c. Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 23 b. Total annual responses 34 1. Percentage of these responses collected electronically 0 % c. Total annual hours requested 402 d. Current OMB inventory 576 e. Difference  174 f. Explanation of difference 1. Program Change ____________________ 0 2. Adjustment  174 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs $ 0 b. Total annual costs ( O& M) $ 1 c. Total annualized cost requested $ 1 d. Current OMB inventory $ 1 e. Difference $ 0 f. Explanation of difference 1. Program change ____________________$ 0 2. Adjustment $ 0 15. Purpose of information collection

a. Application for benefits

b. Program evaluation

c. General purpose statistics

d. Audit

e. Program planning or management

f. Research P g. Regulatory or compliance 16. Frequency of recordkeeping or reporting ( check all that apply)

a. Recordkeeping

b. Third party disclosure  c. Reporting  1. On occasion  2. Weekly  3. Monthly  4. Quarterly  5. Semi annually  6. Annually  7. Biennially  8. Other ( describe )

17. Statistical methods Does this information collection employ statistical methods?

 Yes  No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Toshia King Phone: 703 308 7033 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Office Official Bob Hall , Director Permits and State Programs Division Office of Solid Waste Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information ( OEI) Date MB 83 I 10/ 95


[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Pages 5119-5122]
[FR Doc No: 2019-02742]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85124; File No. SR-NASDAQ-2019-006]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend the Options Regulatory Fee

February 13, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 1, 2019, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to revise The Nasdaq Options Market LLC's
Rules (``NOM'') at Options 7, Section 5 to amend the Nasdaq Options
Regulatory Fee or ``ORF.''
    The text of the proposed rule change is available on the Exchange's
website at

http://nasdaq.cchwallstreet.com/, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Currently, Nasdaq assesses an ORF of $0.0008 per contract side. The
Exchange proposes to increase this ORF to $0.0020 per contract side as
of February 1, 2019. In light of recent market volumes, the Exchange is
proposing to increase the amount of ORF that will be collected by the
Exchange. The proposal would allow the Exchange to increase the per
contract amount of ORF in order to offset the Exchange anticipated
regulatory costs. The Exchange's proposed change to the ORF should
balance the Exchange's regulatory revenue against the anticipated
regulatory costs. The Exchange also proposes to delete obsolete
language in the rule text as described herein.
Collection of ORF
    Currently, NOM assesses its ORF for each customer option
transaction that is either: (1) Executed by a Participant on NOM; or
(2) cleared by a NOM Participant at The Options Clearing Corporation
(``OCC'') in the customer range,\3\ even if the transaction was
executed by a non-member of NOM, regardless of the exchange on which
the transaction occurs.\4\ If the OCC clearing member is a NOM
Participant, ORF is assessed and collected on all cleared customer
contracts (after adjustment for CMTA \5\); and (2) if the OCC clearing
member is not a NOM Participant, ORF is collected only on the cleared
customer contracts executed at NOM, taking into account any CMTA
instructions which may result in collecting the ORF from a non-member.
---------------------------------------------------------------------------

    \3\ Participants must record the appropriate account origin code
on all orders at the time of entry in order. The Exchange represents
that it has surveillances in place to verify that members mark
orders with the correct account origin code.
    \4\ The Exchange uses reports from OCC when assessing and
collecting the ORF.
    \5\ CMTA or Clearing Member Trade Assignment is a form of
``give-up'' whereby the position will be assigned to a specific
clearing firm at OCC.
---------------------------------------------------------------------------

    By way of example, if Broker A, a NOM Participant, routes a
customer order to CBOE and the transaction executes on CBOE and clears
in Broker A's OCC Clearing account, ORF will be collected by NOM from
Broker A's clearing account at OCC via direct debit. While this
transaction was executed on a market other than NOM, it was cleared by
a NOM Participant in the member's OCC clearing account in the customer
range, therefore there is a regulatory nexus between NOM and the
transaction. If Broker A was not a NOM Participant, then no ORF should
be assessed and collected because there is no nexus; the transaction
did not execute on NOM nor was it cleared by a NOM Participant.
    In the case where a Participant both executes a transaction and
clears the transaction, the ORF is assessed to and collected from that
Participant. In the case where a Participant executes a transaction and
a different member clears the transaction, the ORF is assessed to and
collected from the Participant who clears the transaction and not the
Participant who executes the transaction. In the case where a non-
member executes a transaction at an away market and a Participant
clears the transaction, the ORF is assessed to and collected from the
Participant who clears the transaction. In the case where a Participant
executes a transaction on NOM and a non-member clears the transaction,
the ORF is assessed to the Participant that executed the transaction on
NOM and collected from the non-member who cleared the transaction. In
the case where a Participant executes a transaction at an away market
and a non-member clears the transaction, the ORF is not assessed to the
Participant who executed the transaction or collected from the non-
member who cleared the transaction because the Exchange does not have
access to the data to make absolutely certain that ORF should apply.
Further, the data does not allow the Exchange to identify the
Participant executing the trade at an away market.
ORF Revenue and Monitoring of ORF
    The Exchange monitors the amount of revenue collected from the ORF
to ensure that it, in combination with other regulatory fees and fines,
does not exceed regulatory costs. In determining whether an expense is
considered a regulatory cost, the Exchange reviews all costs and makes
determinations if there is a nexus between the expense and a regulatory
function. The Exchange notes that fines collected by the Exchange in
connection with a disciplinary matter offset ORF.
    The ORF is designed to recover a material portion of the costs to
the Exchange of the supervision and regulation of its members,
including performing routine surveillances, investigations,
examinations, financial monitoring, and policy, rulemaking,
interpretive, and enforcement activities.
    The Exchange believes that revenue generated from the ORF, when
combined with all of the Exchange's other regulatory fees, will cover a
material portion, but not all, of the Exchange's regulatory costs. The
Exchange will continue to monitor the amount of revenue collected from
the ORF to ensure that it, in combination with its other regulatory
fees and fines, does not exceed regulatory costs. If the Exchange
determines regulatory revenues exceed regulatory costs, the Exchange
will adjust the ORF by submitting a fee change filing to the
Commission.
Proposal
    The Exchange proposes to increase the ORF from $0.0008 to $0.0020
per contract side as of February 1, 2019. In light of recent market
volumes, the Exchange is proposing to increase the amount of ORF that
will be collected by the Exchange. The proposal would allow the
Exchange to increase the per contract amount of ORF in order to offset
the Exchange anticipated regulatory costs. The Exchange proposes to add
the following rule text to Options 7, Section 5, ``NOM Participants
will be assessed an Options Regulatory Fee of $0.0020 per contract side
as of February 1, 2019.''
    The Exchange regularly reviews its ORF to ensure that the ORF, in
combination with its other regulatory fees and fines, does not exceed
regulatory costs. The Exchange believes this adjustment will permit the
Exchange to cover a material portion of its regulatory costs, while not
exceeding regulatory costs.
    The Exchange notified Participants via an Options Trader Alert of
the proposed change to the ORF thirty (30) calendar days prior to the
proposed operative date, February 1, 2019.\6\ The

Exchange believes that the prior notification market participants will
ensure market participants are prepared to configure their systems to
account properly for the ORF.
---------------------------------------------------------------------------

    \6\ See Options Trader Alert #2018-46.
---------------------------------------------------------------------------

    Finally, the Exchange proposes to remove the following rule text
from Options 7, Section 5, ``NOM Participants are assessed an Options
Regulatory Fee of $0.0027 per contract side. NOM Participants will be
assessed an Options Regulatory Fee of $0.0008 per contract side as of
August 1, 2018''. This text is obsolete as it references prior ORF
rates which were effective in the past.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \7\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act \8\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using its facility and is
not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that increasing the ORF from $0.0008 to
$0.0020 per contract side as of February 1, 2019 is reasonable because
with this increase, the Exchange would recoup additional regulatory
revenue to offset anticipated regulatory costs. The Exchange believes
that the proposed adjustments noted herein will serve to balance the
Exchange's regulatory revenue against the anticipated regulatory costs.
    The Exchange believes that increasing the ORF from $0.0008 to
$0.0020 per contract side as of February 1, 2019 is equitable and not
unfairly discriminatory because assessing the ORF to each Participant
for options transactions cleared by OCC in the customer range where the
execution occurs on another exchange and is cleared by a NOM
Participant is an equitable allocation of reasonable dues, fees, and
other charges among its members and issuers and other persons using its
facilities. OCC collects the ORF on behalf of NOM from Exchange
clearing members for all customer transactions they clear or from non-
members for all customer transactions they clear that were executed on
NOM. The Exchange believes the ORF ensures fairness by assessing fees
to Participants based on the amount of customer options business they
conduct. Regulating customer trading activity is much more labor
intensive and requires greater expenditure of human and technical
resources than regulating non-customer trading activity, which tends to
be more automated and less labor-intensive. As a result, the costs
associated with administering the customer component of the Exchange's
overall regulatory program are materially higher than the costs
associated with administering the non-customer component (e.g.,
Participant proprietary transactions) of its regulatory program.
    The ORF is designed to recover a material portion of the costs of
supervising and regulating Participants' customer options business
including performing routine surveillances, investigations,
examinations, financial monitoring, and policy, rulemaking,
interpretive, and enforcement activities. The Exchange will monitor the
amount of revenue collected from the ORF to ensure that it, in
combination with its other regulatory fees and fines, does not exceed
the Exchange's total regulatory costs. The Exchange has designed the
ORF to generate revenues that, when combined with all of the Exchange's
other regulatory fees, will be less than or equal to the Exchange's
regulatory costs, which is consistent with the Commission's view that
regulatory fees be used for regulatory purposes and not to support the
Exchange's business side.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. This proposal does not create
an unnecessary or inappropriate intra-market burden on competition
because the ORF applies to all customer activity, thereby raising
regulatory revenue to offset regulatory expenses. It also supplements
the regulatory revenue derived from non-customer activity. This
proposal does not create an unnecessary or inappropriate inter-market
burden on competition because it is a regulatory fee that supports
regulation in furtherance of the purposes of the Act. The Exchange is
obligated to ensure that the amount of regulatory revenue collected
from the ORF, in combination with its other regulatory fees and fines,
does not exceed regulatory costs.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\9\ 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: (i) Necessary or appropriate in the public interest; (ii)
for the protection of investors; or (iii) otherwise in furtherance of
the purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-NASDAQ-2019-006 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 No. SR-NASDAQ-2019-006. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE,

Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File No. SR-NASDAQ-2019-006, and should be
submitted on or before March 13, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-02742 Filed 2-19-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 22, 2010 (Volume 75, Number 183)]
[Notices]
[Page 57761-57762]
[DOCID:fr22se10-52]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL10-54-000]

Desert Southwest Power, LLC; Notice of Filing

September 14, 2010.
    Take notice that on September 10, 2010, Desert Southwest Power, LLC
(Desert Southwest) filed responses to the Federal Energy Regulatory
Commission's (Commission) request for additional information contained
in the Commission's July 28, 2010 letter regarding Desert Southwest's
petition for declaratory order requesting incentive rate treatment for
its proposed transmission project filed on March 30, 2010.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the

appropriate action to be taken, but will not serve to make protestants
parties to the proceeding. Any person wishing to become a party must
file a notice of intervention or motion to intervene, as appropriate.
Such notices, motions, or protests must be filed on or before the
comment date. On or before the comment date, it is not necessary to
serve motions to intervene or protests on persons other than the
Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on September 24, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-23597 Filed 9-21-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Notices]
[Pages 20015-20016]
[FR Doc No: 2012-7910]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-88-000]

Texas Eastern Transmission, LP; Notice of Application

    Take notice that on March 19, 2012, Texas Eastern Transmission, LP
(Texas Eastern), 5400 Westheimer Court, Houston, Texas 77056-5310,
filed an application in Docket No. CP12-88-000 pursuant to section 7(b)
of the Natural Gas Act (NGA) and Part 157 of the Commission's
regulations, requesting authorization to abandon in place, an
unutilized supply lateral pipeline and related appurtenances located in
the East Cameron Area in Federal offshore waters in the Gulf of Mexico
offshore Louisiana.
    Texas Eastern proposes to abandon its 13.15-mile, 30-inch diameter
Line 41-A-7 extending from East Cameron Block 281 to a platform in East
Cameron Block 245, and appurtenant facilities including valves and pig
launchers. Texas Eastern states that the supply lateral has been
inactive for over one year, since February 8, 2011. An order approving
abandonment is requested by May 1, 2012.
    Any questions concerning this application may be directed to Lisa
A. Connolly, General Manager, Rates & Certificates, Texas Eastern
Transmission, LP, P.O. Box 1642, Houston, Texas 77251-1642, or Phone:
713-627-4102, or Fax:<PHONE_NUMBER>, or Email:
<EMAIL_ADDRESS>    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888

First Street NE., Washington, DC 20426, a motion to intervene in
accordance with the requirements of the Commission's Rules of Practice
and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the
NGA (18 CFR 157.10). A person obtaining party status will be placed on
the service list maintained by the Secretary of the Commission and will
receive copies of all documents filed by the applicant and by all other
parties. A party must submit an original and 7 copies of filings made
with the Commission and must mail a copy to the applicant and to every
other party in the proceeding. Only parties to the proceeding can ask
for court review of Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 7 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street NE., Washington,
DC 20426. This filing is accessible on-line at http://www.ferc.gov,
using the ``eLibrary'' link and is available for review in the
Commission's Public Reference Room in Washington, DC. There is an
``eSubscription'' link on the Web site that enables subscribers to
receive email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: April 11, 2012.

    Dated: March 27, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-7910 Filed 4-2-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 27, 2010 (Volume 75, Number 166)]
[Proposed Rules]
[Page 52652-52654]
[DOCID:fr27au10-14]

========================================================================
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-2010-0850; Directorate Identifier 2010-NM-076-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A300 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. 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:

    In accordance with design regulation, the THSA [trimmable
horizontal stabilizer actuator] has a failsafe design. Its upper
attachment to the aeroplane has two load paths, a Primary Load Path
(PLP) and a Secondary Load Path (SLP), which is only engaged in case
of PLP failure. Following the design intent, engagement of the SLP
leads to jam the THSA, indicating the failure of the PLP.
    Tests carried out under the loads-measured during representative
flights have demonstrated that, when the SLP is engaged, it does not
systematically jam the THSA. In addition, laboratory tests have
confirmed that the SLP will only withstand the loads for a limited
period of time.
    This condition of PLP failure during an extended period of time,
if not detected and corrected, would lead to the rupture of the THSA
upper attachment and consequent THSA loss of command, resulting in
reduced control of the aeroplane.

* * * * *
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 October 12,
2010.

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
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; e-mail<EMAIL_ADDRESS>Internet http://
www.airbus.com. 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>.

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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; 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-2010-0850;
Directorate Identifier 2010-NM-076-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 have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
    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

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2010-0019, dated February 5, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    In accordance with design regulation, the THSA [trimmable
horizontal stabilizer actuator] has a failsafe design. Its upper
attachment to the aeroplane has two load paths, a Primary Load Path
(PLP) and a Secondary Load Path (SLP), which is only engaged in case
of PLP failure. Following the design intent, engagement of the SLP
leads to jam the THSA, indicating the failure of the PLP.
    Tests carried out under the loads-measured during representative
flights have demonstrated that, when the SLP is engaged, it does not
systematically jam the THSA. In addition, laboratory tests have
confirmed that the SLP will only withstand the loads for a limited
period of time.
    This condition of PLP failure during an extended period of time,
if not detected and corrected, would lead to the rupture of the THSA
upper attachment and consequent THSA loss of command, resulting in
reduced control of the aeroplane.
    For the reasons stated above, this AD requires repetitive
[detailed] inspections to detect if damage exists to the THSA upper

attachment and if the SLP has been engaged and corrective actions,
depending on findings.

The corrective actions include contacting Airbus for instructions and
doing those instructions. You may obtain further information by
examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A300-27-0203,
including Appendix 01, dated June 8, 2009. 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 5 products of U.S. registry. We also estimate that
it would take about 2 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $850, or $170 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 adding the following new AD:

Airbus: Docket No. FAA-2010-0850; Directorate Identifier 2010-NM-
076-AD.

Comments Due Date

    (a) We must receive comments by October 12, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A300 B2-1A, B2-1C, B4-2C,
B2K-3C, B4-103, B2-203, and B4-203 airplanes, certificated in any
category, all serial numbers.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    In accordance with design regulation, the THSA [trimmable
horizontal stabilizer actuator] has a failsafe design. Its upper
attachment to the aeroplane has two load paths, a Primary Load Path
(PLP) and a Secondary Load Path (SLP), which is only engaged in case
of PLP failure. Following the design intent, engagement of the SLP
leads to jam the THSA, indicating the failure of the PLP.
    Tests carried out under the loads-measured during representative
flights have demonstrated that, when the SLP is engaged, it does not
systematically jam the THSA. In addition, laboratory tests have
confirmed that the SLP will only withstand the loads for a limited
period of time.
    This condition of PLP failure during an extended period of time,
if not detected and corrected, would lead to the rupture of the THSA
upper attachment and consequent THSA loss of command, resulting in
reduced control of the aeroplane.
* * * * *

Compliance

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

Actions

    (g) Within 2,500 flight hours after the effective date of this
AD, do a detailed visual inspection for metallic particles, cracks,
scratches, and missing materials of the THSA upper attachment and
screw shaft, in accordance with the Accomplishment Instructions of
Airbus Mandatory Service Bulletin A300-27-0203, dated June 8, 2009.
Repeat the inspection thereafter at intervals not to exceed 2,500
flight hours.
    (h) If during any inspection required by paragraph (g) of this
AD, any metallic particle, crack, scratch, or missing material is
found, before further flight, contact Airbus to obtain approved
corrective action instructions, and accomplish those instructions
accordingly.

    (i) Doing the corrective actions in paragraph (h) of this AD is
not a terminating action for the repetitive inspection required by
paragraph (g) 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

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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: Dan
Rodina, 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 (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (k) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2010-0019, dated February 5, 2010; and Airbus Mandatory
Service Bulletin A300-27-0203, dated June 8, 2009; for related
information.

    Issued in Renton, Washington, on August 20, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-21419 Filed 8-26-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Notices]
[Pages 90903-90904]
[FR Doc No: 2016-30142]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0118]

Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated November 14, 2016, The Beltway Railway of Chicago (BRC) has
petitioned the Federal Railroad Administration (FRA) for a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR part 236. FRA assigned the petition
Docket Number FRA-2016-0118. BRC seeks relief from the requirements of
49 CFR 236.109 Time releases, timing relays and timing devices. BRC
requests relief from Sec.  236.109 as it applies to variable timers
within the program logic of the operating software of microprocessor-
based equipment.
    BRC states that timing devices contained within microprocessor-
based equipment are typically non-variable and are within the program
logic of the operating software. BRC notes, however, that some
microprocessor-based equipment have variable timers. BRC is requesting
relief from the requirement of checking the actual time interval of
microprocessor-based variable timers. Such variable timers will use
verification of the CRC/Check Sum/UCN of the existing location specific
application logic to the previously tested version. A copy of the
petition, as well as any written communications concerning the
petition, is available for review online at www.regulations.gov and in
person at the Department of Transportation's (DOT) Docket Operations
Facility, 1200 New Jersey Avenue SE., W12-140, Washington, DC 20590.
The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday
through Friday, except Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, US Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by January 30, 2017 will be considered by
FRA before final action is taken. Comments

received after that date will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. 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.dot.gov/privacy.
See also https://www.regulations.gov/privacyNotice for the privacy
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-30142 Filed 12-14-16; 8:45 am]
 BILLING CODE 4910-06-P