[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Proposed Rules]
[Pages 72414-72416]
[FR Doc No: 2022-25697]

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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.

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Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1487; Project Identifier MCAI-2022-00688-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A350-941 airplanes. This proposed AD was
prompted by a report that an interference was detected between the
installed nut and the foot radius of frame (FR) 96, between stringer 6
and stringer 7, on the right-hand side. This proposed AD would require
removing the affected fasteners and inspecting the affected area for
damage, and applicable corrective actions if necessary, as specified in
a European Union Aviation Safety Agency (EASA) AD, which is proposed
for incorporation by reference (IBR). 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 January 9,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov by
searching for and locating Docket No. FAA-2022-1487; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The street address for Docket
Operations is listed above.
    Material Incorporated by Reference:
     For material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov by searching for and locating Docket No. FAA-2022-1487.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; 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-2022-1487; Project Identifier
MCAI-2022-00688-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
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
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 Dat
Le, Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected]. Any commentary that the
FAA receives which is not specifically designated as CBI will be placed
in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0093, dated May 25, 2022 (EASA
AD 2022-0093) (also referred to as the MCAI), to correct an unsafe
condition for certain Airbus SAS Model A350-941 airplanes.
    This proposed AD was prompted by a report that an interference was
detected between the installed nut and the foot radius of FR 96,
between stringer 6 and stringer 7, on the right-hand side. Further
investigation showed that the minimum distances for nut installation
were not fulfilled, and some airplanes were damaged in the FR 96 foot
radius area. The FAA is proposing this AD to address possible damage at
the FR 96 foot radius area. This condition, if not addressed, may
affect the structural integrity of the airplane. See the MCAI for
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0093 specifies procedures for removing the affected
fasteners and doing detailed, high frequency eddy current, and rototest
inspections for damage (either superficial, limited to the paint, e.g.,
discoloration to the paint or protective layer; or non-superficial,
e.g., dents, cracks, bends, nicks, and discoloration to the metal) of
the fastener hole, fillet radius, and collar areas at FR96, stringers 6
and 7 on the right-hand side, and applicable corrective actions.
Corrective actions include installing new fasteners and nuts with
adapted aluminum washers and repair.
    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.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0093 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed 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 2022-0093 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0093 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 2022-0093 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 2022-
0093. Service information required by EASA AD 2022-0093 for compliance
will be available at regulations.gov by searching for and locating
Docket No. FAA-2022-1487 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 5 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................              $0             $255           $1,275
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
3 work-hours x $85 per hour = $255....            $240             $495
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the repairs specified in this proposed AD.

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 SAS: Docket No. FAA-2022-1487; Project Identifier MCAI-2022-
00688-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by January 9, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2022-0093, dated May 25, 2022 (EASA
AD 2022-0093).

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report that an interference was
detected between the installed nut and the foot radius of frame (FR)
96, between stringer 6 and stringer 7, on the right-hand side. The
FAA is issuing this AD to address possible damage at the FR 96 foot
radius area. This condition, if not addressed, may affect the
structural integrity of the airplane.

(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, EASA AD 2022-0093.

(h) Exceptions to EASA AD 2022-0093

    (1) Where EASA AD 2022-0093 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where the definitions of ``Affected part'' and ``Affected
area'' in EASA AD 2022-0093 specify ``the SB,'' for this AD, replace
the text ``the SB'' with ``the inspection SB.''
    (3) The ``Remarks'' section of EASA AD 2022-0093 does not apply
to this AD.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): 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 responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(j) Related Information

    For more information about this AD, contact Dat Le, Aerospace
Engineer, Large Aircraft Section, FAA, International Validation
Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 516-
228-7317; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0093,
dated May 25, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0093, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 16, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-25697 Filed 11-23-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 15 (Thursday, January 23, 2014)]
[Notices]
[Pages 3907-3909]
[FR Doc No: 2014-01252]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71331; File No. SR-NYSEArca-2013-92]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Amendment No. 1 and Order Granting Accelerated Approval of Proposed
Rule Change, as Modified by Amendment No. 1, to Amend NYSE Arca
Equities Rules 7.31, 7.32, 7.37, and 7.38 in Order to Comprehensively
Update Rules Related to the Exchange's Order Types and Modifiers

January 16, 2014.

I. Introduction

    On September 30, 2013, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend NYSE Arca Equities Rules 7.31, 7.32,
7.37, and 7.38 in order to comprehensively update rules related to the
Exchange's order types and modifiers. The proposed rule change was
published for comment in the Federal Register on October 22, 2013.\3\
On December 5, 2013, the Commission extended to January 20, 2014 the
time period in which to approve the proposed rule change, disapprove
the proposed rule change, or institute proceedings to determine whether
the proposed rule change should be disapproved.\4\ The Commission
received no comment letters regarding the proposed rule change. On
January 15, 2014, the Exchange filed Amendment No. 1 to the proposed
rule change.\5\ This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 70637 (October 9,
2013), 78 FR 62745 (``Notice'').
    \4\ See Securities Exchange Act Release No. 70995, 78 FR 62745
(December 11, 2013).
    \5\ In Amendment No. 1, the Exchange proposed to delete a
portion of the text of proposed Supplementary Material .01 to Rule
7.31. This aspect of the proposal is described in more detail below.
See infra note 11 and accompanying text.
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II. Description of the Amended Proposal

    The Exchange proposes to amend NYSE Arca Equities Rules
(``Rule(s)'') 7.31, 7.32, 7.37, and 7.38 in order to update its rules
related to the Exchange's order types and modifiers. The Exchange
states that it is proposing these rule changes in order to provide
additional specificity and transparency to NYSE Arca Equities ETP
Holders

regarding the operation of NYSE Arca Equities order types and
modifiers, to better align its rules with currently available
functionality, and to organize and define order types and modifiers in
a more intuitive manner.\6\
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    \6\ See Notice, 78 FR at 62745.
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    Rule 7.31. The majority of the Exchange's proposed revisions to
Rule 7.31 would provide greater detail as to the existing functionality
of certain order types and modifiers, including the Market Order (Rule
7.31(a)), Time in Force Modifiers (Rule 7.31(c)), Inside Limit Order
(Rule 7.31(d)), Discretionary Order (Rule 7.31(h)(2)), Passive
Discretionary Order (Rule 7.31(h)(2)(A)), Discretion Limit Order (Rule
7.31(h)(2)(B)), Reserve Order (Rule 7.31(h)(3)), Passive Liquidity
Order (Rule 7.31(h)(4)), Mid-Point Passive Liquidity Order (Rule
7.31(h)(5)), Q Orders (Rule 7.31(k)), Auction-Only Order (Rule
7.31(t)), NOW Order (Rule 7.31(v)), Primary Only Order (Rule 7.31(x)),
Pegged Orders (Rule 7.31(cc)),\7\ Proactive if Locked Modifier (Rule
7.31(hh)), Intermarket Sweep Order (Rule 7.31(jj)), Primary Sweep Order
(Rule 7.31(kk), Post No Preference Blind Order (Rule 7.31(mm)), and Add
Liquidity Only Order (Rule 7.31(nn)).\8\
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    \7\ The Exchange's proposed revisions to Rule 7.31(cc) entail,
in part, specifically describing the two variations of Pegged Orders
available to Users: Market Pegged and Primary Pegged Orders. See
Notice, 78 FR at 62748; see also proposed Rule 7.31(cc).
    \8\ For a more detailed description of the specific proposed
revisions for each order type and modifier, see Notice, 78 FR at
62746-49; see also proposed Rule 7.31.
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    The Exchange also proposes to delete from Rule 7.31 descriptions of
order types and modifiers that are no longer available to Users on
Exchange systems, as well as delete cross-references to such order
types and modifiers in other rules. The following order types would be
deleted: Directed Order (Rule 7.31(i)), Directed Fill (7.31(j)), Fill-
or-Return (Rule 7.31(p)), Fill-or-Return Plus (Rule 7.31(r)), Cleanup
Order (Rule 7.31(u)), Midpoint Directed Fill (Rule 7.31(z)), and Don't
Arb Me Modifier (Rule 7.31(gg)).\9\ Further, the Exchange proposes to
describe certain functionalities as ``modifiers'' instead of
``orders,'' and to relocate certain order type and modifier
descriptions within Rule 7.31.\10\
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    \9\ See Notice, 78 FR at 62746-48. In addition, the Exchange
proposes to delete, as redundant, the subparagraphs under current
Rule 7.31(e), which currently describes the IOC Modifier. See id. at
62746.
    \10\ See id. at 62746-48; see also proposed Rule 7.31. In
addition to relocating the Market-on-Close Order and Limit-on-Close
Order order type descriptions, the Exchange proposes to conform
their descriptions to the descriptions of the Limit-on-Open and
Market-on-Open order types. See Notice, 78 FR at 62748; see also
proposed Rule 7.31
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    Supplementary Material to Rule 7.31. The Exchange proposes to add
Supplementary Material .01 to Rule 7.31, which would provide that Users
may combine the Exchange's order types and modifiers unless the terms
of the proposed combination are inconsistent.\11\ The Exchange also
proposes to add Supplementary Material .02 to Rule 7.31, which would
provide that if two order types are combined that include instructions
for operation on arrival and for how the order operates while resting
on the Exchange's book, the instructions governing functionality while
incoming would be operative upon arrival. Functionality governing how
the order operates while resting on the Exchange's book would govern
any remaining balance of the order that is not executed upon
arrival.\12\
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    \11\ See Notice, 78 FR at 62749; see also proposed Supplementary
Material .01 to Rule 7.31.
    \12\ See Notice, 78 FR at 62749-50; see also proposed
Supplementary Material .02 to Rule 7.31.
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    Rule 7.32--Order Entry. The Exchange proposes to amend Rule 7.32 to
specify that orders with a size greater than one million shares are
rejected. Exchange systems currently do not accept orders with a size
greater than one million shares.\13\
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    \13\ See Notice, 78 FR at 62750; see also proposed Rule 7.32.
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    Rule 7.38--Odd and Mixed Lots. The Exchange proposes to amend Rule
7.38(a)(2) to clarify that specific language in the descriptions of
individual order types override the general rule that mixed lot orders
may be any order type supported by the Exchange.\14\
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    \14\ See Notice, 78 FR at 62750; see also proposed Rule 7.38.
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    Technical Amendments. The Exchange proposes to make certain
technical amendments to various provisions in Rules 7.31 and 7.37 so
that common abbreviations for order types and modifiers will be
inserted throughout Rules 7.31 and 7.37 where appropriate.\15\
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    \15\ See Notice, 78 FR at 62750.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\16\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\17\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest; and are not designed to permit unfair discrimination
between customers, issuers, brokers or dealers.
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    \16\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \17\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change would provide
greater specificity, transparency, and clarity with respect to the use
and potential use of order types and modifiers on the Exchange.
According to the Exchange, these enhancements would remove impediments
to and perfect the mechanism of a free and open market and national
market system because, with greater clarity regarding what a specific
order type or modifier does and its proper use, greater competitive
forces can be brought to bear on, and help to foster the proper
functioning of, the market. Further, the Exchange believes that these
enhancements would protect investors and the public interest because
increased transparency and specificity would enable investors and the
public to understand the tools available to the agents handling their
orders as well as those available to professional market participants
who may be competing with their orders.
    The Commission notes that the instant proposal does not add any new
functionality but instead enhances and clarifies the descriptions of
the order type and modifier functionality currently available on the
Exchange. For example, among other things, the Exchange's proposed
revisions would provide greater detail as to the operation of and
interaction between certain order types and modifiers, the
circumstances in which certain order types or order type and modifier
combinations are rejected, order types and modifiers that are
compatible or incompatible with each other, and when certain order
types will route to away markets. The proposal also adds new
supplementary material to Rule 7.31 that further clarifies when
existing order types and modifiers can be combined, and how the
Exchange handles combined order types that include instructions for how
the order should operate on arrival as well as while resting on the
Exchange's book. Further, the Exchange proposes to

update its rules by deleting obsolete order type and modifier
provisions and reorganizing certain order type and modifier rules in a
more intuitive manner. The Commission believes that these proposed
changes are reasonably designed to provide greater specificity, clarity
and transparency with respect to the order type and modifier
functionality available on the Exchange, and therefore should help to
prevent fraudulent and manipulative acts and practices, promote just
and equitable principles of trade, remove impediments to and perfect
the mechanism of a free and open market and a national market system,
and, in general, protect investors and the public interest.
    The Commission finds good cause to approve the filing, as amended
by Amendment No. 1 to the proposed rule change, prior to the thirtieth
day after the date of publication of notice of filing thereof in the
Federal Register. The proposed revisions should further increase the
Exchange's transparency with respect to the operation of its various
order types and modifiers, and serve to enhance investors'
understanding of the tools available with respect to the handling of
their orders. Accelerated approval would allow the Exchange to update
its rule text immediately, thus providing users with greater clarity
with respect to the use and potential use of functionality offered by
the Exchange. In addition, the initial proposal was open for comment
for twenty-one days after publication and generated no comment.
Accordingly, the Commission believes that good cause exists, consistent
with Sections 6(b)(5) and 19(b) of the Act,\18\ to approve the filing,
as amended by Amendment No. 1 to the proposed rule change, on an
accelerated basis.
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    \18\ 15 U.S.C. 78f(b)(5); 15 U.S.C. 78s(b).
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IV. Solicitation of Comments on Amendment No. 1

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2013-92 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-NYSEArca-2013-92.
This file number should be included on the subject line if email is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE., Washington, DC 20549, on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEArca-2013-92 and should be submitted on or before February 13,
2014.

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\19\ that the proposed rule change (SR-NYSEArca-2013-92) be, and it
hereby is, approved, as amended.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-01252 Filed 1-22-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54181-54182]
[FR Doc No: 2021-21267]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14513-003]

Idaho Irrigation District and New Sweden Irrigation District;
Notice of Intent To Prepare an Environmental Assessment

    On September 29, 2020, the Idaho Irrigation District and New Sweden
Irrigation District filed an application for an original license to
construct and operate the 2.5-megawatt County Line Road Hydroelectric
Project No. 14513 (project). The proposed project would be located on
the Snake River in Bonneville and Jefferson Counties, Idaho. The
project would not occupy federal lands.
    In accordance with the Commission's regulations, on July 14, 2021,
Commission staff issued a notice that the project was ready for
environmental analysis (REA notice). Based on the information in the
record, including comments filed on the REA notice, staff does not
anticipate that licensing the project would constitute a major federal

action significantly affecting the quality of the human environment.
Therefore, staff intends to prepare a draft and final Environmental
Assessment (EA) on the application to license the project.
    The EA will be issued and circulated for review by all interested
parties. All comments filed on the EA will be analyzed by staff and
considered in the Commission's final licensing decision.
    The application will be processed according to the following
schedule. Revisions to the schedule may be made as appropriate.

------------------------------------------------------------------------
                Milestone                           Target date
------------------------------------------------------------------------
Commission issues draft EA...............  April 2022.\1\
Comments on draft EA.....................  May 2022.
Commission issues final EA...............  October 2022.
------------------------------------------------------------------------

    Any questions regarding this notice may be directed to Matt Cutlip
at<PHONE_NUMBER> or<EMAIL_ADDRESS>---------------------------------------------------------------------------

    \1\ The Council on Environmental Quality's (CEQ) regulations
under 40 CFR 1501.10(b)(1) require that EAs be completed within 1
year of the federal action agency's decision to prepare an EA. This
notice establishes the Commission's intent to prepare an EA for the
County Line Road Hydroelectric Project. Therefore, in accordance
with CEQ's regulations, the EA must be issued within 1 year of the
issuance date of this notice.

    Dated: September 24, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-21267 Filed 9-29-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 22, 2010 (Volume 75, Number 183)]
[Notices]
[Page 57746-57747]
[DOCID:fr22se10-36]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Lockhart Power Company; Notice of Application Tendered for Filing
With the Commission, Soliciting Additional Study Requests, and
Establishing Procedural Schedule for Relicensing and a Deadline for
Submission of Final Amendments

September 14, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 13590-001.
    c. Date Filed: August 31, 2010.
    d. Applicant: Lockhart Power Company.
    e. Name of Project: Riverdale Hydroelectric Project.
    f. Location: On the Enoree River in Spartanburg and Laurens
counties, South Carolina. The project does not affect federal lands.
    g. Filed Pursuant to: Federal Power Act 16 USC 791 (a)-825(r).
    h. Applicant Contact: Bryan D. Stone, Chief Operating Officer,
Lockhart Power Company, Inc., 420 River Street, P.O. Box 10, Lockhart,
SC 29364,<PHONE_NUMBER>.
    i. FERC Contact: Sarah Florentino,<PHONE_NUMBER> or via e-mail at
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See, 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: November 1, 2010.
    All documents 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. 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.
    m. This application is not ready for environmental analysis at this
time.
    n. The existing, currently non-operational Riverdale Project
consists of: (1) A 12-foot high, 425-foot-long concrete gravity dam
with 2-foot flashboards; (2) a 9-acre impoundment; (3) a headrace
leading to a 110-foot-long steel penstock; (4) a powerhouse containing
a single 1.45-megawatt turbine-generator unit; (5) a 1400-foot-long
tailrace channel; and (6) appurtenant facilities. The proposed project
would operate in a run-of-river mode and generate about 5,318 megawatt
hours annually. The power would serve Lockhart Power Company's native
load or be sold to a wholesale customer.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at  http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    p. Procedural schedule and final amendments: The application will
be processed according to the following Hydro Licensing Schedule.
Revisions to the schedule will be made as appropriate.

Issue Deficiency Letter..................  November 2010.
Issue Acceptance letter..................  March 2011.
Issue Scoping Document 1 for comments....  April 2011.
Request Additional Information (if         June 2011.
 necessary).
Issue Scoping Document 2 (if necessary)..  June 2011.
Notice of application is ready for         September 2011.
 environmental analysis.
Notice of the availability of the draft    July 2012.
 EA.
Notice of the availability of the final    January 2013.
 EA.

    Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-23599 Filed 9-21-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 179 (Tuesday, September 15, 2020)]
[Notices]
[Pages 57205-57206]
[FR Doc No: 2020-20240]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: CP20-519-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Transcontinental Gas Pipe Line Company, LLC submits an
amendment regarding the Southeastern Trail Project under CP20-519-000

Application/Petition/Request [bond] Tariff Filing.
    Filed Date: 9/1/20.
    Accession Number: 20200901-5306.
    Comments Due: 5 p.m. ET 9/11/20.

    Docket Numbers: RP20-1162-000.
    Applicants: Applicant information is not available at this time.
Atms or FOLA not available now.
    Description: Sec.  4(d) Rate Filing: Name Change Cleanup--
CenterPoint Energy to Symmetry Energy to be effective 10/2/2020.
    Filed Date: 9/2/20.
    Accession Number: 20200902-5095.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: RP20-1163-000.
    Applicants: Applicant information is not available at this time.
Atms or FOLA not available now.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--City of
Lakeland 9235960 to be effective 10/1/2020.
    Filed Date: 9/2/20.
    Accession Number: 20200902-5097.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: RP20-1164-000.
    Applicants: Applicant information is not available at this time.
Atms or FOLA not available now.
    Description: Sec.  4(d) Rate Filing: Management Name Change Filing
to be effective 10/3/2020.
    Filed Date: 9/2/20.
    Accession Number: 20200902-5112.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: RP20-1165-000.
    Applicants: Applicant information is not available at this time.
Atms or FOLA not available now.
    Description: Sec.  4(d) Rate Filing: Expired Negotiated Rate
Agreement--10/31/2020 to be effective 11/1/2020.
    Filed Date: 9/2/20.
    Accession Number: 20200902-5114.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: RP20-1166-000.
    Applicants: SWN Energy Services Company, LLC.
    Description: Joint Petition for Temporary Waivers of Capacity
Release Regulations and Policies, et al. of SWN Energy Services
Company, LLC, et al. under RP20-1166 Application/Petition/Request
[bond] Waiver of Oil or Gas Regulation.
    Filed Date: 09/01/20.
    Accession Number: 20200901-5321.
    Comments Due: 5 p.m. ET 09/08/20.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 3, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-20240 Filed 9-14-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Proposed Rules]
[Pages 35781-35783]
[FR Doc No: 2023-11682]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2022-0205; Notice No. 25-22-02-SC]

Special Conditions: Lufthansa Tecknik AG, Airbus Models A319-133
and A321-200 Series Airplanes; Supercapacitor Systems and Installation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for the Airbus Model
A319-133 and A321-200 series airplanes. This airplane, as modified by
Lufthansa Tecknik AG (Lufthansa), will have a novel or unusual design
feature when compared to the state of technology envisioned in the
airworthiness standards for transport category airplanes. This design
feature is the installation of an uninterruptible power supply (UPS)
system based on supercapacitor technology. The current airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These proposed special conditions contain the
additional safety standards that the Administrator considers necessary
to establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: Send comments on or before July 17, 2023.

ADDRESSES: Send comments identified by Docket No. FAA-2022-0205 using
any of the following methods:
    Federal eRegulations Portal: Go to https://www.regulations.gov/ and
follow the online instructions for sending your comments
electronically.
    Mail: Send comments to Docket Operations, M-30, U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
https://www.regulations.gov/ at any time. Follow the online
instructions for accessing the docket or go to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Daniel Poblete, Electrical Systems,
AIR-626A, Technical Policy Branch, Policy and Innovation Division,
Aircraft Certification Service, Federal Aviation Administration, 3960
Paramount Blvd., Suite 100, Lakewood, CA 90712-4137; telephone and fax
(562) 627-5335; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. The most helpful comments
reference a specific portion of the proposed special conditions,
explain the reason for any recommended change, and include supporting
data.
    The FAA will consider all comments received by the closing date for
comments, and will consider comments filed late if it is possible to do
so without incurring delay. The FAA may change these special conditions
based on the comments received.

Privacy

    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in title
14, Code of Federal Regulations (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 FAA will also post
a report summarizing each substantive verbal contact received about
these special conditions.

Confidential Business Information

    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
these special conditions contain commercial or financial information
that is customarily treated as private, that you actually treat as
private, and that is relevant or responsive to these special
conditions, 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 the indicated comments will not be
placed in the public docket of these special conditions. Send
submissions containing CBI to the individual listed in the FOR FURTHER
INFORMATION CONTACT section above. Comments the FAA receives, which are
not specifically designated as CBI, will be placed in the public docket
for these special conditions.

Background

    On February 17, 2021, Lufthansa applied for a supplemental type
certificate for the installation of a UPS system in the Model A319-133
and A321-200 series airplanes. The Airbus Model A319-133 and A321-200
series airplanes are twin-engine, transport category airplanes. The
Airbus Model A319-133 airplane has a maximum passenger seating capacity
of 160, and a maximum takeoff weight of 154,322 pounds. The Airbus
Model A321-200 airplane has a maximum passenger seating capacity 230,
and a maximum takeoff weight of 213,848 pounds.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Lufthansa must show that the Model A319-133 and A321-200
series airplanes, as changed, continue to meet the applicable
provisions of the regulations listed in Type Certificate No. A28NM or
the applicable regulations in effect on the date of application for the
change, except for earlier amendments as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Airbus Model A319-133 and A321-200
series airplanes because of a novel or unusual design feature, special
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same novel or unusual design feature,
these special conditions would also apply to the other model under
Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Airbus Model A319-133 and A321-200 series airplanes
must comply with the fuel vent and exhaust emission requirements of 14
CFR part 34 and the noise certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of

the type certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Airbus Model A319-133 and A321-200 series airplanes will
incorporate the following novel or unusual design features:
    This design feature for this installation of a UPS system is based
on supercapacitor technology.

Discussion

    Currently, there are no regulatory or industry standards for
supercapacitors and their installation on transport category airplanes.
Supercapacitors are used to provide power to non-essential cabin
equipment when the normal power source is interrupted for a short
period of time. In this design, the supercapacitor UPS system will
allow connected equipment to be provided back-up power if normal
electrical power source is interrupted and remain operational such as
during power transfers as well as provide transient voltage surge
suppression should harmful high voltage transients occur. The UPS is
only used for systems not critical to continued safe flight and
landing.
    Since the supercapacitor is being used as a high capacity
electrical storage device and functions similarly to rechargeable
batteries, the special conditions used for lithium batteries are
appropriate for supercapacitor installations and the hazardous
conditions that could be presented. These special conditions are
necessary to assist in the testing and installation of this
supercapacitor on the aircraft.
    Special condition 1 requires that the supercapacitor installation
be designed to preclude propagation of a thermal event, such as self-
sustained, uncontrolled increases in temperature or pressure. Special
condition 1 is intended to ensure that the supercapacitor system is
designed to eliminate the potential for uncontrollable failures.
However, a certain number of failures will occur due to various factors
beyond the control of the supercapacitor designer. Therefore, other
special conditions are intended to protect the airplane and its
occupants if other failures occur.
    Special conditions 2, 6, 8, and 9 are self-explanatory.
    Special condition 3 makes it clear that the flammable fluid fire
protection requirements of Sec.  25.863 apply to supercapacitor
installations. Section 25.863 is applicable to areas of the airplane
that could be exposed to flammable fluid leakage from airplane systems.
Supercapacitors may contain an electrolyte that is a flammable fluid.
    Special condition 4 requires that each supercapacitor installation
not damage surrounding structure or adjacent systems, equipment, or
electrical wiring interconnection system (EWIS) components from
corrosive fluids or gases that may escape in such a way as to cause a
hazardous condition.
    While special condition 4 addresses corrosive fluids and gases,
special condition 5 addresses heat. Special condition 5 requires that
each supercapacitor installation have provisions to prevent any
hazardous effect on surrounding structure or adjacent systems,
equipment or EWIS components, caused by the maximum amount of heat the
supercapacitor installation can generate due to any failure of the
supercapacitor installation or any of the individual supercapacitors.
The means of meeting special conditions 4 and 5 may be the same, but
the requirements are independent and address different hazards.
    Special condition 7 requires that supercapacitor be disconnected or
otherwise removed from its charging source without the need for crew
intervention should the supercapacitor become overheated or fail in a
manner that may create a safety hazard. This requirement applies to all
supercapacitor installations and is not limited to those whose proper
functioning is required for the safe operation of the airplane.
    The proposed special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.

Applicability

    As discussed above, these special conditions are applicable to the
Airbus Model A319-133 and A321-200 series airplanes. Should Lufthansa
apply at a later date for a change to the supplemental type certificate
to include another model incorporating the same novel or unusual design
feature included on Type Certificate No. A28NM, these special
conditions would apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on Airbus Models A319-133 and A321-200 series airplanes. It is not a
rule of general applicability and affects only the applicant who
applied to the FAA for approval of these features on the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Airbus Model A319-133 and A321-200 series airplanes, as modified by
Lufthansa Technik AG.
    Each supercapacitor installation must:
    1. Be designed to preclude the occurrence of uncontrolled increases
in temperature or pressure under all foreseeable operating conditions
to prevent fire and explosion.
    2. Not emit explosive or toxic gasses, in normal operation or as
the result of its failure that may accumulate in hazardous quantities
in any area of the airplane.
    3. Meet the requirements of Sec.  25.863.
    4. Not damage surrounding structure or adjacent systems, equipment,
or electrical wiring interconnection system (EWIS) components from
corrosive fluids or gases that may escape to cause a hazardous
condition.
    5. Have provisions to prevent any hazardous effect on surrounding
structure or adjacent systems, equipment, or EWIS components, caused by
the maximum amount of heat it can generate during any failure including
any individual supercapacitors.
    6. Have a means to prevent overheating or overcharging of the
supercapacitor.
    7. Have a means to automatically disconnect it from its charging
source in the event of an over-temperature condition or failure.
    8. Have a monitoring and alerting feature that alerts the
flightcrew when the capacity has fallen below acceptable levels if its
function is required for safe operation of the airplane. The flightcrew
alerting must be in accordance with the requirements of Sec.  25.1322.
    9. Have a means to prevent insufficient charging if required for
safe operation of the airplane.

    Note: A supercapacitor installation consists of the
supercapacitor(s) and any protective, monitoring and alerting
circuitry or hardware inside or outside of the Supercapacitor. This
includes EWIS components as defined by Sec.  25.1701. It also
includes any venting or cooling system and packaging. For the
purpose of these special conditions, a

supercapacitor and the supercapacitor installation is referred to as
a supercapacitor.

    Issued in Des Moines, Washington, on May 26, 2023.
Suzanne A. Masterson,
Acting Manager, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service.
[FR Doc. 2023-11682 Filed 5-31-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 15, 2010 (Volume 75, Number 72)]
[Notices]
[Page 19646]
[DOCID:fr15ap10-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-118-000]

Cheniere Creole Trail Pipeline, L.P.; Notice of Request Under
Blanket Authorization

April 7, 2010.
    Take notice that on April 2, 2010, Cheniere Creole Trail Pipeline,
L.P. (Creole Trail), 700 Milam, Suite 800, Houston, Texas 77002, filed
in Docket No. CP10-118-000, a prior notice request pursuant to sections
157.205, 157.208, and 157.212 of the Commission's regulations under the
Natural Gas Act (NGA). Creole Trail seeks authorization to construct
and operate approximately 550 feet of 12-inch diameter pipe (no above
ground facilities will be constructed) from an existing tap on Segment
1 of Creole Trail's system to an existing meter station at Cameron
Meadows Processing Plant, owned by PSI Midstream Partners, L.P., all
located in Johnson Bayou, Cameron Parish, Louisiana, to enable the
delivery of up to 250 MMcf per day of re-gasified LNG to the plant for
processing. The cost is estimated to be $450,000. Creole Trail proposes
to perform these activities under its blanket certificate issued in
Docket No. CP05-358-000 [115 FERC ] 61,331 (2006)], all as more fully
set forth in the application which is on file with the Commission and
open to public inspection.
    The filing may be viewed on the Web at http://www.ferc.gov using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC at<EMAIL_ADDRESS>or call toll-
free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.
    Any questions regarding this application may be directed to Karri
Mahmoud, Manager, Regulatory and Compliance, Cheniere Energy, Inc., 700
Milam, Suite 800, Houston, Texas 77002, or phone at<PHONE_NUMBER>.
    Any person or the Commission's Staff may, within 60 days after the
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and, pursuant to section 157.205 of
the Commission's Regulations under the NGA (18 CFR 157.205) a protest
to the request. If no protest is filed within the time allowed, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for protest. If a protest is filed and not
withdrawn within 30 days after the time allowed for filing a protest,
the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link. 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.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-8592 Filed 4-14-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Page 16379]
[FR Doc No: 2015-07028]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0097; FRL-9923-32-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Plating and Polishing Area
Sources (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), ``NESHAP for Plating and
Polishing Area Sources (40 CFR part 63, subpart WWWWWW) (Renewal)''
(EPA ICR No. 2294.04, OMB Control No. 2060-0623), 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 April 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 April 27,
2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0097, 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, EPA 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 National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Plating and Polishing Area Sources regulations
apply to respondents that are plating and polishing facilities engaged
in any of the following processes: Non-chromium electroplating;
electroless or non-electrolytic plating; other non-electrolytic metal
coating processes such as chromate conversion coating, nickel acetate
sealing, sodium dichromate sealing, manganese phosphate coating,
thermal spraying; dry mechanical polishing of finished metals and
formed products after plating or thermal spraying, electroforming, and
electro-polishing. New facilities include those that commenced
construction or reconstruction after the date of proposal. The required
annual reports are used to determine periods of excess emissions,
identify problems at the facility, verify operation/maintenance
procedures and for compliance determinations. This information is also
collected to assure compliance with 40 CFR part 63, subpart WWWWWW.
    Form Numbers: None.
    Respondents/affected entities: Owners and operators of plating and
polishing facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart WWWWWW).
    Estimated number of respondents: 2,900 (total).
    Frequency of response: Initially and annually.
    Total estimated burden: 64,315 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $6,304,966 (per year), which includes $8,314
in annualized capital/start-up costs and 0 in operation & maintenance
costs.
    Changes in the Estimates: There is an increase of 31,208 hours in
the total estimated respondent burden compared with the ICR currently
approved by OMB. The change in burden and cost estimates occurred as a
result of updating the burden tables to accurately reflect the
reporting and recordkeeping requirements of the rule.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-07028 Filed 3-26-15; 8:45 am]
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[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Proposed Rules]
[Pages 47330-47331]
[FR Doc No: 2012-19244]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0158; Directorate Identifier 2010-NM-118-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Proposed rule; withdrawal.

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SUMMARY: The FAA withdraws a notice of proposed rulemaking (NPRM) that
proposed to supersede an existing airworthiness directive (AD) that
applies to certain The Boeing Company Model 767-200, -300, -300F, and -
400ER series airplanes. The proposed AD would have continued to require
an inspection to determine if certain motor operated valve actuators
for the fuel tanks are installed, and related investigative and
corrective actions if necessary. That proposed AD would have added
airplanes and, for certain airplanes, required additional inspections
to determine if certain motor operated valve actuators for the fuel
tanks are installed, and related

investigative and corrective actions if necessary. Since the proposed
AD was issued, we have received new data indicating that the existing
AD addresses that safety concern, but also introduces a different
unsafe condition. Accordingly, the proposed AD is withdrawn.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed rule, the regulatory
evaluation, any comments received, and other information. The address
for the Docket Office (phone:<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Rebel Nichols, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: (425) 917-
6509; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 of with a notice of proposed rulemaking (NPRM) to supersede AD
2009-22-13, Amendment 39-16066 (74 FR 55755, October 29, 2009). That AD
applies to the specified products. The NPRM published in the Federal
Register on March 14, 2011 (76 FR 13534). That NPRM would have
continued to require an inspection to determine if certain motor
operated valve actuators for the fuel tanks are installed, and related
investigative and corrective actions if necessary. That proposed AD
would have added airplanes and, for certain airplanes, required
additional inspections to determine if certain motor operated valve
actuators for the fuel tanks are installed, and related investigative
and corrective actions if necessary. That NPRM resulted from fuel
system reviews conducted by the manufacturer. The proposed actions were
intended to prevent an ignition source inside the fuel tanks, which, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.

Actions Since NPRM (76 FR 13534, March 14, 2011) Was Issued

    Since we issued the NPRM (76 FR 13534, March 14, 2011), we
discovered that the corrective action mandated by AD 2009-22-13,
Amendment 39-16066 (74 FR 55755, October 29, 2009), and subsequently
the corrective actions proposed by the NPRM, address that safety
concern, but also introduce a different unsafe condition. The
manufacturer is developing a more complete solution to address both
unsafe conditions.
    Accordingly, we have determined that the NPRM (76 FR 13534, March
14, 2011), must be withdrawn. In addition, we are considering further
rulemaking to rescind AD 2009-22-13, Amendment 39-16066 (74 FR 55755,
October 29, 2009), and will consider requiring a new solution once it
is developed, approved, and available for accomplishment.

FAA's Conclusions

    Upon further consideration, we have determined that the existing AD
does not properly address the safety concern. Accordingly, the NPRM (76
FR 13534, March 14, 2011) is withdrawn.
    Withdrawal of the NPRM (76 FR 13534, March 14, 2011) does not
preclude the FAA from issuing another related action or commit the FAA
to any course of action in the future.

Regulatory Impact

    Since this action only withdraws an NPRM (76 FR 13534, March 14,
2011), it is neither a proposed nor a final rule and therefore is not
covered under Executive Order 12866, the Regulatory Flexibility Act, or
DOT Regulatory Policies and Procedures (44 FR 11034, February 26,
1979).

List of Subjects in 14 CFR Part 39

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

The Withdrawal

    Accordingly, we withdraw the NPRM, Docket No. FAA-2011-0158,
Directorate Identifier 2010-NM-118-AD, which was published in the
Federal Register on March 14, 2011 (76 FR 13534).

    Issued in Renton, Washington, on July 31, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-19244 Filed 8-7-12; 8:45 am]
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[Federal Register: June 20, 2007 (Volume 72, Number 118)]
[Notices]
[Page 34052-34053]
[DOCID:fr20jn07-157]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55912; File No. PCAOB-2007-02]

Public Company Accounting Oversight Board; Notice of Additional
Solicitation of Comments on the Filing of Proposed Rule on Auditing
Standard No. 5, An Audit of Internal Control Over Financial Reporting
That Is Integrated With an Audit of Financial Statements, and Related
Independence Rule and Conforming Amendments

June 15, 2007.
    On June 12, 2007, the Commission published notice, pursuant to
Section 107(b) of the Sarbanes-Oxley Act of 2002 (the ``Act''), that on
May 25, 2007, the Public Company Accounting Oversight Board (the
``Board'' or the ``PCAOB'') filed with the Securities and Exchange
Commission (the ``Commission'' or ``SEC'') the proposed rules relating
to Auditing Standard No. 5 (``AS5''), An Audit of Internal Control Over
Financial Reporting That is Integrated with an Audit of Financial
Statements; a Related Independence Rule; and conforming amendments to
the PCAOB's auditing standards.\1\ The Commission published notice of
these proposed rules to solicit comments on the proposed rules from
interested persons. As stated in that notice, interested persons are
invited to submit written data, views and arguments concerning the
foregoing, including whether the proposed rules are consistent with the
Act. The Commission is publishing this additional solicitation of
comment to request specific comment on the following:
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    \1\ See Exchange Act Release No. 34-55876 (June 7, 2007), 72 FR
32340 (June 12, 2007).
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    (1) Is the standard of materiality appropriately defined throughout
AS5 to provide sufficient guidance to auditors? For example, is
materiality appropriately incorporated into the guidance regarding the
matters to be considered in planning an audit and the identification of
significant accounts?
    (2) Please comment on the requirement in Paragraph 80 that the
auditor consider whether there are any deficiencies or combinations of
deficiencies that are significant deficiencies and, if so, communicate
those to the audit committee. Specifically, will the communication
requirement regarding significant deficiencies divert auditors'
attention away from material weaknesses?
    (3) Is AS5 sufficiently clear that for purposes of evaluating
identified

deficiencies, multiple control deficiencies should only be looked at in
combination if they are related to one another?
    (4) Please comment on whether the definition of ``material
weakness'' in Paragraph A7 (which is consistent with the definition
that the SEC adopted) appropriately describes the deficiencies that
should prevent the auditor from finding that ICFR is effective.
    (5) Is AS5 sufficiently clear about the extent to which auditors
can use the work of others?
    (6) Will AS5 reduce expected audit costs under Section 404,
particularly for smaller public companies, to result in cost-effective,
integrated audits?
    (7) Does AS5 inappropriately discourage or restrict auditors from
scaling audits, particularly for smaller public companies?
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form(http://www.sec.gov.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number PCAOB-2007-02 on the subject line.

Paper Comments

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

All submissions should refer to File No. PCAOB-2007-02. This file
number should be included on the subject line if e-mail is used. To
help 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/pcaob). Copies of the

submission, all subsequent amendments, all written statements with
respect to the proposed rule 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 inspection and copying in the Commission's Public
Reference Section, 100 F Street, NE., Washington, DC 20549. All
comments received will be posted without change; we do 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 PCAOB-2007-02. Comments should
be submitted on or before July 12, 2007. The Commission intends to act
on the proposed rule no later than July 27, 2007.

    By the Commission.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-11935 Filed 6-19-07; 8:45 am]

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