[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Rules and Regulations]
[Pages 53290-53294]
[FR Doc No: 2016-19122]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0397; FRL-9950-58-Region 10]

Approval and Promulgation of Implementation Plans; Idaho:
Stationary Source Permitting Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, and
incorporating by reference, revisions to

the Idaho State Implementation Plan (SIP) submitted on May 21, 2015. In
the submission, Idaho revised stationary source permitting rules,
including the addition of facility-wide emission limits and nonmetallic
mineral processing plant regulations. Idaho also added an alternative
method for stationary sources to comply with sulfur content of fuels
limits, and updated provisions to account for changes to federal air
quality regulations. The EPA is approving the submitted revisions, with
the exception of certain provisions that are inappropriate for SIP
approval.

DATES: This final rule is effective September 12, 2016.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2015-0397. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information may not be publicly available, i.e.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and is publicly
available only in hard copy form. Publicly available docket materials
are available at http://www.regulations.gov or at EPA Region 10, Office
of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA
requests that you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Kristin Hall, Air Planning Unit,
Office of Air and Waste (AWT-150), Environmental Protection Agency--
Region 10, 1200 Sixth Ave., Seattle, WA 98101; telephone number: (206)
553-6357; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review

I. Background

    On May 21, 2015, Idaho submitted revisions to the Idaho State
Implementation Plan. On June 19, 2016, the EPA proposed to approve the
submitted revisions, with the exception of certain provisions that are
inappropriate for SIP approval (81 FR 37170). Please see our proposed
rulemaking for further explanation and the basis for our finding. The
public comment period for this proposal ended on July 11, 2016. We
received no comments on the proposal.

II. Final Action

    The EPA is approving, and incorporating by reference, the following
revisions to the Idaho SIP submitted on May 21, 2015:
     IDAPA <IP_ADDRESS> General Definitions, except .49, .50,
.51, .66, .67, .68.b, .116 (renumbered from .114), and .118 (renumbered
from .116) (State effective 4/11/2014);
     IDAPA <IP_ADDRESS> Definitions for the Purposes of
Sections 790 through 799 (State effective 3/15/2002);
     IDAPA <IP_ADDRESS> Incorporations by Reference, except
.03.f through .n, and with respect to .a, the incorporation by
reference of 40 CFR 51.165 (State effective 4/11/2015);
     IDAPA <IP_ADDRESS> Test Methods and Procedures (State
effective 4/11/2015);
     IDAPA <IP_ADDRESS> Procedures and Requirements for Permits
Establishing a Facility Emissions Cap (State effective 4/11/2015);
     IDAPA <IP_ADDRESS> Facility Emissions Cap, except for
provisions relating to hazardous air pollutants (State effective 4/11/
2015);
     IDAPA <IP_ADDRESS> Application Procedures (State effective
4/11/2015);
     IDAPA <IP_ADDRESS> Standard Contents of Permits
Establishing a Facility Emissions Cap (State effective 4/11/2015);
     IDAPA <IP_ADDRESS> Procedures for Issuing Permits
Establishing a Facility Emissions Cap (State effective 4/11/2015);
     IDAPA <IP_ADDRESS> Revisions to Permits Establishing a
Facility Emissions Cap (State effective 4/11/2015);
     IDAPA <IP_ADDRESS> Notice and Record-Keeping of Estimates
of Ambient Concentrations (State effective 4/11/2015);
     IDAPA <IP_ADDRESS> Permit to Construct Required (State
effective 4/11/2006);
     IDAPA <IP_ADDRESS> Application Procedures (State effective
4/11/2015);
     IDAPA <IP_ADDRESS>1 Tier II Operating Permit, except .01.a
and .04, (State effective 4/11/2006);
     IDAPA <IP_ADDRESS>9 Baselines for Prevention of Significant
Deterioration (State effective 4/11/2015);
     IDAPA <IP_ADDRESS>5 Rules for Sulfur Content of Fuels
(State effective 4/11/2015);
     IDAPA <IP_ADDRESS>0 Rules for the Control of Nonmetallic
Mineral Processing Plants (State effective 3/15/2002);
     IDAPA <IP_ADDRESS>1 General Control Requirements, (State
effective 3/15/2002);
     IDAPA <IP_ADDRESS>3 Emissions Standards for Nonmetallic
Mineral Processing Plants not Subject to 40 CFR 60, Subpart OOO (State
effective 3/15/2002);
     IDAPA <IP_ADDRESS>4 Permit Requirements, except .04 (State
effective 4/11/2015);
     IDAPA <IP_ADDRESS>5 Permit by Rule Requirements (State
effective 3/15/2002);
     IDAPA <IP_ADDRESS>6 Applicability (State effective 3/15/
2002);
     IDAPA <IP_ADDRESS>7 Registration for Permit by Rule (State
effective 3/15/2002);
     IDAPA <IP_ADDRESS>8 Electrical Generators (State effective
3/15/2002); and
     IDAPA <IP_ADDRESS>9 Nonmetallic Mineral Processing Plan
Fugitive Dust Best Management Practice (State effective 3/15/2002).

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference as described
in the amendments to 40 CFR part 52 set forth below. These materials
have been approved by the EPA for inclusion in the State Implementation
Plan, have been incorporated by reference by the EPA into that plan,
are fully federally-enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of the EPA's approval,
and will be incorporated by reference by the Director of the Federal
Register in the next update to the SIP compilation.\1\ The EPA has
made, and will continue to make, these materials generally available
through http://www.regulations.gov and/or at the EPA Region 10 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble).
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the

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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 this action does not involve technical standards; and
     does not provide the 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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. The 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).
    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 October 11, 2016. 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 may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.

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

    Dated: July 25, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
    For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart N--Idaho

0
2. In Sec.  52.670, the table in paragraph (c) is amended by:
0
a. Revising entries 006, 107, 157, 201, 202, 401, 579, and 725.
0
b. Adding entries 011, 175, 176, 177, 178, 179, 180, 181, 790, 791,
793, 794, 795, 796, 797, 798, and 799 in numerical order.
    The revisions and additions read as follows:

Sec.  52.670  Identification of plan.

* * * * *
    (c) * * *

                                   EPA-Approved Idaho Regulations and Statutes
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                                           State  effective
State  citation      Title/subject               date              EPA approval  date           Explanations
----------------------------------------------------------------------------------------------------------------
      Idaho Administrative Procedures Act (IDAPA) 58.01.01--Rules for the Control of Air Pollution in Idaho
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
006............  General Definitions..  4/11/2015, 4/4/2013,   8/12/2016, [Insert Federal  Except Section
                                         3/30/2007, 4/11/       Register citation].         006.49, 006.50,
                                         2006, 7/1/2002, 4/5/                               006.51, 006.66,
                                         2000, 3/20/1997, 5/1/                              006.67, 006.68.b,
                                         1994.                                              006.116, and
                                                                                006.118.

                                                  * * * * * * *
011............  Definitions for the    3/15/2002............  8/12/2016, [Insert Federal
                  Purposes of Sections                          Register citation].
                  790 through 799.

                                                  * * * * * * *
107............  Incorporation by       4/11/2015, 3/20/2014,  8/12/2016, [Insert Federal  Except Section
                  Reference.             3/30/2007, 7/1/1997,   Register citation].         107.03.f through
                                         5/1/1994.                                          107.03.p.

                                                  * * * * * * *
157............  Test Methods and       4/11/2015............  8/12/2016, [Insert Federal
                  Procedures.                                   Register citation].

                                                  * * * * * * *
175............  Procedures and         4/11/2015............  8/12/2016, [Insert Federal
                  Requirements for                              Register citation].
                  Permits Establishing
                  a Facility Emissions
                  Cap.
176............  Facility Emissions     4/11/2015............  8/12/2016, [Insert Federal  Except for provisions
                  Cap.                                          Register citation].         relating to
                                                                                hazardous air
                                                                                pollutants.
177............  Application            4/11/2015............  8/12/2016, [Insert Federal
                  Procedures.                                   Register citation].
178............  Standard Contents of   4/11/2015............  8/12/2016, [Insert Federal
                  Permits Establishing                          Register citation].
                  a Facility Emissions
                  Cap.
179............  Procedures for         4/11/2015............  8/12/2016, [Insert Federal
                  Issuing Permits                               Register citation].
                  Establishing a
                  Facility Emissions
                  Cap.
180............  Revisions to Permits   4/11/2015............  8/12/2016, [Insert Federal
                  Establishing a                                Register citation].
                  Facility Emissions
                  Cap.
181............  Notice and Record-     4/11/2015............  8/12/2016, [Insert Federal
                  Keeping of Estimates                          Register citation].
                  of Ambient
                  Concentrations.

                                                  * * * * * * *
201............  Permit to Construct    4/11/2006............  8/12/2016, [Insert Federal
                  Required.                                     Register citation].
202............  Application            4/11/2015............  8/12/2016, [Insert Federal
                  Procedures.                                   Register citation].

                                                  * * * * * * *
401............  Tier II Operating      4/11/2015............  8/12/2016, [Insert Federal  Except Section
                  Permit.                                       Register citation].         401.01.a and 401.04.

                                                  * * * * * * *
579............  Baselines for          4/11/2015............  8/12/2016, [Insert Federal
                  Prevention of                                 Register citation].
                  Significant
                  Deterioration.

                                                  * * * * * * *
725............  Rules for Sulfur       4/11/2015............  8/12/2016, [Insert Federal
                  Content of Fuels.                             Register citation].

                                                  * * * * * * *
790............  Rules for the Control  3/15/2002............  8/12/2016, [Insert Federal
                  of Nonmetallic                                Register citation].
                  Mineral Processing
                  Plants.
791............  General Control        3/15/2002............  8/12/2016, [Insert Federal
                  Requirements.                                 Register citation].
793............  Emissions Standards    3/15/2002............  8/12/2016, [Insert Federal
                  for Nonmetallic                               Register citation].
                  Mineral Processing
                  Plants not Subject
                  to 40 CFR 60,
                  Subpart OOO.
794............  Permit Requirements..  4/11/2015............  8/12/2016, [Insert Federal  Except Section
                                                                Register citation].         794.04.
795............  Permit by Rule         3/15/2002............  8/12/2016, [Insert Federal
                  Requirements.                                 Register citation].

796............  Applicability........  3/15/2002............  8/12/2016, [Insert Federal
                                                                Register citation].
797............  Registration for       3/15/2002............  8/12/2016, [Insert Federal
                  Permit by Rule.                               Register citation].
798............  Electrical Generators  3/15/2002............  8/12/2016, [Insert Federal
                                                                Register citation].
799............  Nonmetallic Mineral    3/15/2002............  8/12/2016, [Insert Federal
                  Processing Plan                               Register citation].
                  Fugitive Dust Best
                  Management Practice.

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

* * * * *

0
3. Section 52.683 is amended by revising paragraph (a) to read as
follows:

Sec.  52.683  Significant deterioration of air quality.

    (a) The State of Idaho Rules for Control of Air Pollution in Idaho,
specifically, IDAPA <IP_ADDRESS> through 007 (definitions), IDAPA
<IP_ADDRESS>.03.a, .b, .c (incorporations by reference), IDAPA
<IP_ADDRESS> through 222 (permit to construct rules); IDAPA
<IP_ADDRESS>0 through 516 (stack height rules); and IDAPA <IP_ADDRESS>5
through 581 (standards, increments and area designations) (except IDAPA
<IP_ADDRESS>7), are approved as meeting the requirements of title I,
part C, subpart 1 of the Clean Air Act for preventing significant
deterioration of air quality.
* * * * *
[FR Doc. 2016-19122 Filed 8-11-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: January 24, 2011 (Volume 76, Number 15)]
[Notices]
[Page 4145-4146]
[DOCID:fr24ja11-94]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63716; File No. SR-NASDAQ-2011-008]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Delay the Application of NASDAQ Rule 4611(d)

January 14, 2011.
    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 January 6, 2011, The NASDAQ Stock Market LLC (the ``Exchange'' or
``NASDAQ'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated the proposed rule change as constituting a non-
controversial rule change under Rule 19b-4(f)(6) under the Act,\3\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange is filing this proposed rule change to delay the
application of NASDAQ Rule 4611(d) for an additional 90 days. The text
of the proposed rule change is available at http://
nasdaq.cchwallstreet.com/, at the Exchange's principal office, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    On January 13, 2010, the Commission approved SR-NASDAQ-2008-104
which established new standards for sponsored access as set forth in
NASDAQ Rule 4611(d), NASDAQ's Market Access Rule.\4\ On November 3,
2010, the Commission adopted Rule 15c-3 [sic] governing risk management
controls by broker-dealers with market access which has an effective
date of January 14, 2011 and a compliance date of July 14, 2011.\5\ In
response to the new SEC regulation, NASDAQ plans to modify NASDAQ Rule
4611 and to make it effective prior to July 14, 2011 Accordingly,
NASDAQ is proposing to delay for an additional 90 days the
implementation of new NASDAQ Rule 4611(d).
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    \4\ Securities Exchange Act Release No. 61345 (Jan. 13, 2010)
(``NASDAQ Market Access Approval Order'').
    \5\ Securities Exchange Act Release No. 63241 (Nov. 3, 2010).

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2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\6\ in general and with Section
6(b)(5) of the Act,\7\ in particular, in that it is designed to promote
just and equitable principles of trade and to protect investors and the
public interest. The proposal is consistent with these obligations
because market participants require additional time to comply with the
new market access provisions.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change does not (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)
thereunder.\8\
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    \8\ Pursuant to Rule 19b-4(f)(6)(iii), the Exchange must provide
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date on which the Exchange
filed the proposed rule change. The Exchange has requested that the
Commission waive the 5-day pre-filing notice requirement. The
Commission hereby grants this request. See 17 CFR 240.19b-
4(f)(6)(iii).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2011-008 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2011-008. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NASDAQ-2011-008, and should be submitted on or before February 14,
2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-1296 Filed 1-21-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 159 (Wednesday, August 17, 2011)]
[Notices]
[Page 51024]
[FR Doc No: 2011-20894]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Project No. 14207-000]

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

    On May 31, 2011, Percheron Power, LLC filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of the Scooteney Reservoir
Outlet Water Power Project (Scooteney Outlet Project or project) to be
located on the Potholes East Canal, which is an outlet structure from
the Scooteney Reservoir, near Othello, Franklin County, Washington. The
sole purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would consist of the following: (1) An
approximately 300-foot-long intake structure installed on the Potholes
East Canal to divert flow from the canal to the turbines, which would
be 100 feet wide at the intersection with the canal and would narrow to
50 feet wide before entering the powerhouse, and would include a 100-
foot-wide, 15-foot-high intake grate and a 50-foot-wide, 15-foot-high
trash rack; (2) an approximately 65-foot-long, 20-foot-wide powerhouse
containing four low-head turbine/generator units rated for
approximately 260 kilowatts each (total capacity of 1,050 kilowatts) at
an average head of 11 feet; (3) a 600-foot-long, 11-foot-high bypass
weir, constructed in parallel to the west bank of the existing Potholes
East Canal, to function as a project spillway; (4) a discharge canal
returning flows from the powerhouse to the Potholes East Canal; (5) a
20-foot-long, 40-foot-wide substation at the powerhouse which will
connect with the existing distribution line at the project site; and
(6) appurtenant facilities. The project will be located on federal
lands, and would operate as run-of-release using irrigation flows
provided by the Bureau of Reclamation and the South Columbia Basin
Irrigation District. The estimated annual generation of the Scooteney
Outlet Project would be 3.76 gigawatt-hours.
    Applicant Contact: Mr. Jerry Straalsund, President, Percheron
Power, LLC, 6855 W. Clearwater Ave., A101-260, Kennewick, WA 99336; e-
mail<EMAIL_ADDRESS>    FERC Contact: Jennifer Harper; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14207-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: August 10, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-20894 Filed 8-16-11; 8:45 am]
BILLING CODE 6717-01-P


                                                                  June 28, 2011
MALAYSIA: Obstacles May Reduce Future Palm Oil Production Growth
For the past 30 years Malaysia has been a world leader regarding organizing an efficient and highly productive commercial oil palm plantation sector, as well as in pioneering important agricultural research and varietal development that benefited palm oil producers throughout the region. As a result of the coordinated efforts of government and commercial companies over this extended period (1979-2010), Malaysian palm oil production increased roughly 600 percent  -  averaging 7 percent growth per annum. Malaysia was the world's leading producer and supplier of palm oil and its various by-products for much of this period, only recently being eclipsed by its neighbor Indonesia. The strength and continuity of the 3 decades-long growth cycle was a remarkable achievement, being a product of substantial financial investment, a large pool of skilled immigrant labor, and extensive land areas suitable for conversion to plantations.

However, in the last couple of years it has become apparent that the era of rapid growth may be coming to an end as a variety of physical obstacles and government policies have begun to weigh on the palm oil industry's productivity. As a result, the prospect of stagnating future output from the world's second largest palm oil producer may be virtually unavoidable. This outcome would be a real concern to the international edible oil market, given there are few if any other nations in the short-term which are capable of adequately boosting supply.
Annual global palm oil demand has increased at roughly 2.3 million tons per year over the past 10 years, with Malaysia supplying nearly 30 percent of the increase in production required to meet this demand. Indonesia has supplied 62 percent. Other countries supplied the remaining 8 percent. With intense pressure being brought to bear on the Indonesian government to halt or slow its own oil palm plantation expansion owing to international environmental and greenhouse gas concerns, the prospect of stagnating Malaysian production substantially increases the likelihood of sustained high prices in the edible oil market. Since palm oil is the world's cheapest edible oil, it has become the primary cooking oil for the majority of people in the developing world of Asia, Africa, and the Middle East. The consumer base in these regions is large, growing, poor, and highly price-sensitive. Given there are currently no viable and affordable alternatives to palm oil for most of these consumers, any significant reduction in the growth rate of Malaysian production will make it difficult for them to increase the use of edible oils in their diets.
Declining Availability of New Lands
Malaysian palm oil companies have engineered a sustained long-term expansion of plantation area, increasing 3.85 million hectares since 1980 or 385 percent. Much of this development has been at the expense of native tropical forest, with national forest cover in core palm oil producing areas declining dramatically over the same period. In 2010 the government estimated that approximately 58 percent of the total national land area remained forested, and that its official policy is to keep 50 percent of the country forested in perpetuity. Therefore, time and land availability is quickly running out for the palm oil industry. The reality is that virtually all highly suitable areas have already been developed, and that even marginal land is now becoming scarce. The province which reportedly has the most remaining development potential is Sarawak, though much of the available land is low-lying coastal peatland and/or degraded inland forest with native claims.

The Malaysian industry indicates that owing to these constraints national palm oil area will likely peak at roughly 5.6 million hectares by 2020, meaning there is only about 750,000 hectares left for future expansion. At current annual growth rates of 180,000 hectares per year, that leaves Malaysian planters with about 6 years before they run out of land. In fact, Malaysian companies have long since recognized that time is growing short for expansion domestically, and as a result have radically increased oil palm investments and landholdings in other countries such as Indonesia and Liberia. Malaysian companies have collectively established over 1.0 million hectares of active oil palm plantations in Indonesia and own a further 1.0 million hectares of land (land bank) which has official permits allowing its development in the future. As a result of these sizable investments, Malaysian conglomerates have become the 2nd largest commercial palm oil enterprises in Indonesia  -  behind only the Indonesian companies themselves.

Stagnating National Yields
Another issue which indicates that future palm oil production growth may slow is the recent stagnation of national yields, despite the availability of ample financing, crop inputs, and agronomic knowledge. Trend yield growth prior to 2008 had been strong, averaging roughly 4 percent per year. But since then average national yields have unexpectedly declined by about 13 percent.

A number of factors have reportedly led to the sharp fall off in average yields over the past 4 years, including adverse weather (El Nino - drought, La Nina  -  heavy rains), declining fertilizer use, and low replanting rates. It is estimated that 25-30 percent of Malaysian oil palm trees are 20-30 years old (past the peak period of yields), and that high international prices have suppressed normal replanting rates. Growers are reportedly loathe to replace actively producing trees at a time of record profits with young seedlings which require nearly 7 years to equal their output. Taking area out of production for 3 or more years just doesn't make good economic sense under the circumstances. The genetic yield potential of the older trees is also significantly lower than that of cultivars available today and to new clonal varieties being developed. The longer the lag in replanting these older cultivars, the greater long-term delay in improving national average yields.
In addition to these factors, reports have surfaced that skilled labor shortages have plagued some regions, reducing harvest activity by 50 percent and leaving ripe but un-harvested fruit rotting on the plantation. The growing labor problem may be the largest issue facing the industry, as palm oil estates rely heavily on immigrant Indonesian workers. The Malaysian Employer's Federation reports that at least 80 percent of oil palm estate employees are of Indonesian nationality. At the same time, robust growth in plantings in Indonesia are creating lots of jobs for skilled plantation workers and causing acute competition for labor. Wage pressure is reportedly hitting Malaysian plantations as they compete for needed manpower. Given future growth prospects in the palm oil industry in Indonesia, this problem will continue for Malaysian producers unless wages and benefits rise significantly and restrictive Malaysian immigration laws are amended.
In any case a return to historical trend yield growth is not expected soon, unless and until a major replanting campaign has been completed. The government reports that current annual replanting rates average 3-4 percent of the total national area, and that it will take approximately 25 years to replant the entire national acreage.
Production Growth Uncertain
Over the next 6-10 years while Malaysia's oil palm acreage continues to expand, it is still expected to marginally increase annual palm oil production. Over that period, assuming average yields range between 4.0-4.2 tons per hectare, total annual production may increase a total of 5-6 million tons over current levels. But thereafter production should stagnate until there has been considerable progress in replacing older trees with new higher yielding (HYV) clonal and non-clonal varieties. Industry officials indicate that currently available HYV cultivars can yield 50-75 percent higher than those they would be replacing, so there is real potential to achieve substantial future growth in national production once 25-50 percent of the national crop has been replanted. Assuming Malaysia can resolve its labor issues, it is simply a matter of time before the country can once again achieve strong and reliable productivity growth and sufficient palm oil production to help offset rising global demand. Before this happens however, Malaysia may underperform for a considerable number of years. Replanting rates are currently well-below industry-recommended levels and international palm oil prices and profits are both very high. As long as these conditions are sustained there is an increased likelihood that Malaysia will take considerably longer to achieve the growth rates it is inherently capable of.

Current USDA area and production estimates for grains and other agricultural commodities are available on IPAD's Agricultural Production page or at PSD Online.

For more information contact Michael Shean |<EMAIL_ADDRESS>|<PHONE_NUMBER>
USDA-FAS, Office of Global Analysis

                                      Top


[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Notices]
[Pages 56983-56984]
[FR Doc No: 2015-23558]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0087; FRL-9934-23-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Asphalt Processing and Asphalt
Roofing Manufacturing (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NESHAP for Asphalt Processing
and Asphalt Roofing Manufacturing (40 CFR part 63, subpart LLLLL)
(Renewal)'' (EPA ICR No. 2029.06, OMB Control No. 2060-0520), to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
This is a proposed extension of the ICR, which is currently approved
through September 30, 2015. Public comments were previously requested,
via the Federal Register (79 FR 30117) on May 27, 2014, during a 60-day
comment period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. 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.

DATES: Additional comments may be submitted on or before October 21,
2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0087, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP (40 CFR part 63, subpart A), and any changes,
or additions to the Provisions are specified at 40 CFR part 63, subpart
LLLLL. Owners or operators of the affected facilities must submit
initial notification, performance tests, and periodic reports and
results. Owners or operators are also required to maintain records of
the occurrence and duration of any startup, shutdown, or malfunction in
the operation of an affected facility, or any period during

which the monitoring system is inoperative. Reports, at a minimum, are
required semiannually.
    Form Numbers: None.
    Respondents/affected entities: Asphalt processing and asphalt
roofing manufacturing facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart LLLLL).
    Estimated number of respondents: 27 (total).
    Frequency of response: Initially, occasionally and semiannually.
    Total estimated burden: 13,400 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $1,480,000 (per year), which includes
$135,000 in annualized capital/startup and/or operation & maintenance
costs.
    Changes in the Estimates: There is an adjustment decrease in labor
hours and number of responses as currently identified in the OMB
Inventory of Approved Burdens. This decrease is not due to any program
changes. The estimates decreased because we do not expect additional
sources to become subject to the standard during the next three years.
However, the O&M cost increased because we have updated the ongoing
maintenance cost to maintain PM control devices. The information was
obtained from consultation with trade associations and internal EPA
experts during the renewal of this ICR.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-23558 Filed 9-18-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 29, 2010 (Volume 75, Number 188)]
[Notices]
[Page 60157-60158]
[DOCID:fr29se10-115]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62983; File No. SR-FINRA-2010-047]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Update Rule Cross-References and Make Non-
Substantive Technical Changes to Certain FINRA Rules

September 23, 2010.
    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 September 13, 2010, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by the
Commission. 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.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    FINRA is proposing to update cross-references within certain FINRA
rules to reflect changes adopted in the consolidated FINRA rulebook and
to make non-substantive technical changes to certain FINRA Rules.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    FINRA is in the process of developing a new consolidated rulebook
(``Consolidated FINRA Rulebook'').\4\ That process involves FINRA
submitting to the Commission for approval a series of proposed rule
changes over time to adopt rules in the Consolidated FINRA Rulebook.
The phased adoption and implementation of those rules necessitates
periodic amendments to update rule cross-references and other non-
substantive technical changes in the Consolidated FINRA Rulebook.
---------------------------------------------------------------------------

    \4\ The current FINRA rulebook consists of (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
---------------------------------------------------------------------------

    The proposed rule change would update rule cross-references to
reflect recent changes adopted in the Consolidated FINRA Rulebook. In
this regard, the proposed rule change would update references in FINRA
Rules 6630 and 9610 to reflect the adoption into the Consolidated FINRA
Rulebook of FINRA Rule 4320 and the deletion of NASD Rule 3210.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 62533 (July 20,
2010), 75 FR 43588 (July 26, 2010) (Order Approving File No. SR-
FINRA-2010-028).
---------------------------------------------------------------------------

    In addition, at the request of SEC staff, the proposed rule change
would make technical amendments to FINRA Rules 5110, 6432 and 6540. The
proposed rule change would replace references to the SEC's Interactive
Data Electronic Applications (``IDEA'') with the term ``Electronic Data
Gathering, Analysis, and Retrieval (`EDGAR').''
    Finally, the proposed rule change would correct an inaccurate
cross-reference in FINRA Rule 9810. In 2008, in connection with
updating cross-references in that rule, FINRA inadvertently replaced a
reference to NASD Rule 2110 with FINRA Rule 2020 rather than FINRA Rule
2010.\6\ The proposed rule change would correct that technical error.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 59057 (December 12,
2008), 73 FR 78412 (December 22, 2008) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2008-057).
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date for the proposed rule change
will be October 15, 2010, the date on which the previously approved
rule change regarding FINRA Rule 4320 will be implemented.\7\
---------------------------------------------------------------------------

    \7\ See Regulatory Notice 10-35 (August 2010).
---------------------------------------------------------------------------

2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\8\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes the proposed rule change will provide
greater clarity to members and the public regarding FINRA's rules.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has

become effective pursuant to Section 19(b)(3)(A) of the Act \9\ and
Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2010-047 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2010-047. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE. Washington, DC 20549, on official business days between the
hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of FINRA.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make publicly
available. All submissions should refer to File Number SR-FINRA-2010-
047 and should be submitted on or before October 20, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-24445 Filed 9-28-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Proposed Rules]
[Pages 8439-8441]
[FR Doc No: 2022-03108]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0100; Project Identifier MCAI-2021-01128-R]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters Deutschland GmbH
(AHD) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK 117 C-2
helicopters. This proposed AD was prompted by a report of restricted
collective lever movement caused by entanglement of the emergency
flashlight strap with the cargo hook emergency release lever, causing
the emergency flashlight to leave its seat. This proposed AD would
require replacing each affected emergency flashlight with a serviceable
part, as specified in a European Union Aviation Safety Agency (EASA)
AD, which is proposed for incorporation by reference. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 1,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material that is proposed for IBR in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet www.easa.europa.eu. You
may find the EASA material on the EASA website at https://ad.easa.europa.eu. For Airbus Helicopters service information
identified in this NPRM, contact Airbus Helicopters, 2701 North Forum
Drive, Grand Prairie, TX 75052; telephone<PHONE_NUMBER> or (800) 232-
0323; fax<PHONE_NUMBER>; or at https://www.airbus.com/helicopters/services/technical-support.html. You may view this material at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy.,
Room 6N-321, Fort Worth, TX 76177. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. The EASA material is
also available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0100.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0100; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0100; Project Identifier
MCAI-2021-01128-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Andrea Jimenez, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected]. Any commentary that the FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0231, dated October 15, 2021
(EASA AD 2021-0231), to correct an unsafe condition for all serial-
numbered Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK 117 C-2
helicopters.
    This proposed AD was prompted by a report of restricted collective
lever movement caused by entanglement of the emergency flashlight strap
with the cargo hook emergency release lever, causing the emergency
flashlight to leave its seat. The FAA is proposing this AD to address
entanglement of the emergency flashlight strap with the cargo hook
emergency release lever. The unsafe condition, if not addressed, could
result reduced control of the helicopter, resulting in damage to the
helicopter and injury to occupants. See EASA AD 2021-0231 for
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0231 requires replacing each affected emergency
flashlight with a serviceable part. EASA AD 2021-0231 also specifies
that an affected part can be modified and re-identified into a
serviceable part. EASA AD 2021-0231 also prohibits the installation of
an affected part.
    This material is reasonably available because the interested
parties have

access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Other Related Service Information

    The FAA also reviewed Airbus Helicopters Alert Service Bulletin ASB
MBB-BK117 C[hyphen]2-25A[hyphen]021, Revision 0, dated August 25, 2021.
This service information specifies procedures for removing the strap
from the emergency flashlight and then writing a new part number on the
emergency flashlight.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0231, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed AD and the EASA AD.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0231 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0231 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2021-0231 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0231. Service information referenced in EASA AD 2021-0231 for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0100 after the FAA final
rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2021-0231 requires compliance within 12 months after the
effective date of the EASA AD, whereas this proposed AD would require
compliance within 3 months after the effective date of this AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 117 helicopters of U.S. Registry. Labor rates are estimated at
$85 per work-hour. Based on these numbers, the FAA estimates the
following costs to comply with this proposed AD.
    Replacing an emergency flashlight would take about 1 work-hour and
parts would cost about $219 for an estimated cost of $304 per
flashlight and up to $35,568 for the U.S. fleet. Alternatively,
modifying an emergency flashlight would take about 1 work-hour for an
estimated cost of $85 per flashlight.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus Helicopters Deutschland GmbH (AHD): Docket No. FAA-2022-0100;
Project Identifier MCAI-2021-01128-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by April 1, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH (AHD)
Model MBB-BK 117 C-2 helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2510, Flight
Compartment Equipment.

(e) Unsafe Condition

    This AD was prompted by a report of restricted collective lever
movement. Subsequent inspection determined that the emergency
flashlight was stuck under that lever caused by entanglement of the
emergency flashlight strap with the cargo hook emergency release
lever, causing the emergency flashlight to leave its seat. The FAA
is issuing this AD to address entanglement of the emergency
flashlight strap with the cargo hook emergency release lever. The
unsafe condition, if not addressed,

could result in reduced control of the helicopter, possibly
resulting in damage to the helicopter and injury to occupants.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0231, dated October 15, 2021 (EASA AD 2021-0231).

(h) Exceptions to EASA AD 2021-0231

    (1) Where EASA AD 2021-0231 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0231.
    (3) Where paragraph (1) of EASA AD 2021-0231 requires replacing
each affected part with a serviceable part within 12 months, this AD
requires compliance within 3 months after the effective date of this
AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0231
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k)(2) of
this AD. Information may be emailed to: [email protected].
    (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 EASA AD 2021-0231, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may view this
material at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For
information on the availability of this material at the FAA, call
(817) 222-5110. This material may be found in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2022-0100.
    (2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected].

    Issued on February 7, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-03108 Filed 2-14-22; 8:45 am]
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[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Notices]
[Pages 81682-81683]
[FR Doc No: 2010-32520]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension: Rule 27d-2; SEC File No. 270-500; OMB Control No. 3235-
0566.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 350l et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collections of information under the Investment Company Act of 1940 (15
U.S.C. 80a) (``Act'') summarized below. The Commission plans to submit
these collections of information to the Office of Management and Budget
for approval.
    Rule 27d-2 (17 CFR 270.27d-2) is entitled ``Insurance Company
Undertaking in Lieu of Segregated Trust Account.'' Rule 27d-1 (17 CFR
270.27d-1) under the Act requires the depositor or principal
underwriter for an issuer of periodic payment plans to deposit funds
into a segregated trust account to provide assurance of its ability to
fulfill its refund obligations under sections 27(d) and 27(f) of the
Act.\1\ Rule 27d-2 provides an exemption from rule 27d-1 under the Act
for depositors or principal underwriters for the issuers of periodic
payments plans. In order to comply with the rule: (i) The depositor or
principal underwriter must secure from an insurance company a written
guarantee of the refund requirements; (ii) the insurance company must
satisfy certain financial criteria; and (iii) the depositor or
principal underwriter must file as an exhibit to the issuer's
registration statement, a copy of the written undertaking, an annual
statement that the insurance company has met the requisite financial
criteria on a monthly basis, and an annual audited balance sheet.
---------------------------------------------------------------------------

    \1\ The rule sets forth minimum reserve amounts and guidelines
for the management and disbursement of the assets in the account.
Rule 27d-1(j) directs depositors and principal underwriters annually
to make an accounting of their segregated trust accounts on Form N-
27D-1, which is filed with the Commission. The form requires
depositors and principal underwriters to report deposits to a
segregated trust account, including those made pursuant to
paragraphs (c) and (e) of the rule. Withdrawals pursuant to
paragraph (f) of the rule also must be reported. In addition, the
form solicits information regarding the minimum amount required to
be maintained under paragraphs (d) and (e) of rule 27d-1.
---------------------------------------------------------------------------

    Rule 27d-2, which was explicitly authorized by statute, provides
assurance that depositors and principal underwriters of issuers have
access to sufficient cash to meet the demands of certificate holders
who reconsider their decisions to invest in a periodic payment plan.
The information collection requirement in rule 27d-2 enables the
Commission to monitor compliance with insurance company undertaking
requirements.

    Effective October 27, 2006, the Military Personnel Financial
Services Protection Act banned the issuance or sale of new periodic
payment plans. Accordingly, the staff estimates that there is no longer
any information collection burden associated with rule 27d-2. For
administrative purposes, however, we are requesting approval for an
information collection burden of one hour per year. This estimate of
burden hours is not derived from a comprehensive or even a
representative survey or study of the costs of Commission rules and
forms.
    Complying with the collection of information requirements of rule
27d-2 is mandatory for depositors or principal underwriters of issuers
of periodic payment plans who rely on the rule for an exemption from
complying with rule 27d-1 and filing Form N-27D-1. The information
provided pursuant to rule 27d-2 is public and, therefore, will not be
kept confidential. 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.
    Written comments are invited on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burden of
the collection of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to Thomas Bayer, Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312; or send an
e-mail to<EMAIL_ADDRESS>
     December 20, 2010
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-32520 Filed 12-27-10; 8:45 am]
BILLING CODE 8011-01-P