[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Rules and Regulations]
[Pages 38223-38225]
[FR Doc No: 2021-15346]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0031; Project Identifier MCAI-2020-01420-T;
Amendment 39-21625; AD 2021-13-20]
RIN 2120-AA64

Airworthiness Directives; Airbus Canada Limited Partnership (Type
Certificate Previously Held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-
1A11 airplanes. This AD was prompted by reports of corrosion on the
waste box, waste access doubler, and waste service door of the rear
fuselage due to contamination from waste valve leakage. This AD
requires an inspection for corrosion of the waste box, waste access
doubler, and waste service door, and corrective actions if necessary,
as specified in a Transport Canada Civil Aviation (TCCA) AD, which is
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective August 24, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 24,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact TCCA, Transport Canada National Aircraft Certification, 159
Cleopatra Drive, Nepean, Ontario, K1A 0N5, Canada; telephone 888-663-
3639; email<EMAIL_ADDRESS>internet https://tc.canada.ca/en/aviation.
You may view this IBR 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 on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0031.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0031; 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 final rule, any comments received, and other information. The
address for Docket Operations is 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: Siddeeq Bacchus, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    TCCA, which is the aviation authority for Canada, has issued TCCA
AD CF-2020-42, issued October 16, 2020 (TCCA AD CF-2020-42) (also
referred to as the Mandatory Continuing Airworthiness Information, or
the MCAI), to correct an unsafe condition for certain Airbus Canada
Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus Canada
Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. The
NPRM published in the Federal Register on February 24, 2021 (86 FR
11173). The NPRM was prompted by reports of corrosion on the waste box,
waste access doubler, and waste service door of the rear fuselage due
to contamination from waste valve leakage. The NPRM proposed to require
an inspection for corrosion of the waste box, waste access doubler, and
waste service door, and corrective actions if necessary, as specified
in TCCA AD CF-2020-42.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Request To Require Additional Service Information

    Delta Air Lines (DAL) asked that Airbus Canada Service Bulletin
BD500-383004, Issue No. 001, dated January 29, 2021, also be mandated
either in the proposed AD or in additional rulemaking by the FAA and
TCCA. DAL stated that the proposed AD, as written, does not address the
root cause of the corrosion, which is leakage from the waste disposal
ball valve. DAL added that the actions specified in the proposed AD
will act as an effective method of ensuring that existing corrosion is
identified and addressed, but do not address the root cause of the
corrosion. DAL stated that Airbus Canada Service Bulletin BD500-383004
would address that root cause by providing instructions for the
retrofit of an improved valve, which resists leakage more effectively
than the valve with the original configuration. DAL noted that if fluid
leakage from the waste servicing system is the root cause for corrosion
of the fuselage, proactive retrofit of the ball valve to the improved
configuration would properly address that root cause.
    The FAA does not agree with the commenter. The FAA is currently
reviewing Airbus Canada Service Bulletin BD500-383004, Issue No. 001,
dated January 29, 2021, and gathering more information about the new
valve. After completing this review the FAA might consider further
rulemaking. The FAA has not changed this AD in this regard.

Request To Clarify Exception to TCCA AD CF-2020-42

    DAL asked for clarification that the exception identified in
paragraph (h) of the proposed AD does not deviate from the TCCA AD. DAL
stated that TCCA AD CF-2020-42 and Airbus Canada Service Bulletin
BD500-536004, Issue No. 001, dated August 13, 2020, both include
instructions for implementation of corrective action to documented
discrepancies, and neither include any allowance to defer the
corrective action beyond the maintenance opportunity in which the
inspection is performed and the corrosion is documented.
    The FAA disagrees that this AD does not deviate from the TCCA AD.
Paragraph (h) of this AD is included as an exception to the MCAI
because the TCCA AD does not explicitly state in the ``Compliance'' or
``Corrective Actions'' sections that when corrosion is found, the
corrective action of corrosion repair must be done before further
flight. The inclusion of paragraph (h) of this AD requires that the
corrective action is done ``before further flight'' after detection of
corrosion, as identified in the applicable service information
specified in TCCA AD CF-2020-42, instead of the compliance time
specified in TCCA AD CF-2020-42 for all applicable actions. The FAA has
revised paragraph (h) of this AD to specify that the corrective action
(corrosion repair) must be done before further flight after corrosion
is detected.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    TCCA AD CF-2020-42 describes procedures for a general visual
inspection for corrosion of the waste box, waste access doubler, and
waste service door 146BR of the rear fuselage; application of
protective coating in the waste box area; and corrective actions. The
corrective actions include repair of any corrosion found. 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.

Costs of Compliance

    The FAA estimates that this AD affects 28 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
8 work-hours x $85 per hour = $680...........................              $0             $680          $19,040
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this 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

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-13-20 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Amendment 39-21625; Docket No. FAA-2021-0031;
Project Identifier MCAI-2020-01420-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 24, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership (type
certificate previously held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11
airplanes, certificated in any category, as identified in Transport
Canada Civil Aviation (TCCA) AD CF-2020-42, issued October 16, 2020
(TCCA AD CF-2020-42).

(d) Subject

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

(e) Reason

    This AD was prompted by reports of corrosion on the waste box,
waste access doubler, and waste service door of the rear fuselage
due to contamination from waste valve leakage. The FAA is issuing
this AD to address this corrosion, which could lead to cracking or
holes in the waste box or airplane skin, and consequent cabin
pressure leakage and catastrophic structural damage 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, TCCA AD CF-2020-42.

 (h) Exception to TCCA AD CF-2020-42

    Where TCCA AD CF-2020-42 specifies a compliance time of ``Within
14,200 flight cycles or 56 months from the aeroplane date of
manufacture, as identified on the identification plate of the
aeroplane'' or ``Within 9,900 flight cycles or 56 months from the
aeroplane date of manufacture, as identified on the identification
plate of the aeroplane,'' depending on airplane configuration, to
accomplish all applicable actions, this AD requires that corrosion
repair be done before further flight after detection of corrosion,
as identified in the applicable service information specified in
TCCA AD CF-2020-42.

 (i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO 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 certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. 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.
    (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, New York ACO
Branch, FAA; or TCCA; or Airbus Canada's TCCA Design Approval
Organization (DAO). If approved by the DAO, the approval must
include the DAO-authorized signature.

(j) Related Information

    For more information about this AD, contact Siddeeq Bacchus,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
(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) Transport Canada Civil Aviation (TCCA) AD CF-2020-42, issued
October 16, 2020.
    (ii) [Reserved]
    (3) For TCCA AD CF-2020-42, contact TCCA, Transport Canada
National Aircraft Certification, 159 Cleopatra Drive, Nepean,
Ontario K1A 0N5, Canada; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet https://tc.canada.ca/en/aviation.
    (4) 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>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2021-0031.
    (5) You may view this material 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_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 18, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-15346 Filed 7-19-21; 8:45 am]
BILLING CODE 4910-13-P


Meeting Summary - EPA and AF&PA Participants on Wednesday May 28, 2008

Discussion of Forest Products Industry Fuels vs. Solid Waste

Participants

(In person)

Paul Cassidy, EPA

Richard Kinch, EPA

Matt Hale (10 minutes only), EPA

Tim Hunt, AF&PA

Rob Kaufmann, Georgia Pacific

Amy Schaffer AF&PA

Rich Wasserstorm, AF&PA

Victor Dallons, Weyerhaeuser

(On Phone)

Steve Woock, Weyerhaeuser

Marceia Cox, International Paper

John Pinkerton, National Council for Air & Stream Improvements

Ginny Holton, Packaging Corporation

AF&PA provided oral and written positions; their written material is
presented below.

During the course of the 3 hour meeting, AF&PA made the following oral
statements.

---   AF&PA mills get the majority of their secondary materials from a
closed loop process; materials at the mills don’t leave the production
process.   Some mills do however get some secondary materials from other
mills, e.g., tire derived fuel and sawdust.

---   AF&PA discussed their materials that are used as fuels:
Wastewater treatment residues, biomass, processed biomass, OCC rejects,
turpentine, biogases, rectified methanol, Reinjection char, tall oil,
and other miscellaneous biomass materials.

---   AF&PA largely doesn't consider contaminants to be an appropriate
issue for what is not a solid waste.  “Contamination does not always
equal waste, as long as it is on-site and recycled.”  For example,
when we discussed CCA lumber, they expressed the points that the
material does have significant fuel value and their devices are
permitted to limit air emissions.  Railroad ties are another example of
a material that can be effectively burned in a well controlled unit.  Of
particular importance to AF&PA are materials generated by the facility
which have not been discarded -- they believe such material is simply
not a waste and does not need to be assessed for legitimacy as a fuel.

---    We discussed the concept of adequate fuel value.  AF&PA opposes
the 5,000 BTU/lb limit associated with the comparable fuels rule, and
similar to CIBO's position, AF&PA advocates something like "net positive
BTU value".  AF&PA discussed the potential for net positive heating
value as something that was easier to obtain given the new combustion
technologies.  There was also a discussion of BTUs/dry lb versus "as
fired" values.  Heating values, depending on the type of material and
whether you are talking dry vs.as fired ranged from 3,000 BTUs/lb to
12,000BTUs/lb.  AF&PA indicated some of their combustion devices are
specifically designed to handle wet materials.  EPA expressed interest
in getting further information on the BTU content of their fuels, the
nature of the materials, whether they were previously discarded, and the
extent of processing that occurred prior to use.

---   The industry is looking to utilize materials outside their
facility as fuels.  AF&PA has obtained permits from Oregon, Washington,
and Maine to use construction debris and/or urban wood as a fuel
material.  This also includes materials from disasters, and even mining
landfills for wood waste.  With regard to the latter, AF&PA indicated
the situation they are aware of involved segregation of "clean" wood to
the “greatest extent practicable” from treated wood and painted
wood.  They indicated however that even with such efforts it is still
possible that someone could find a piece of treated wood or a piece with
some paint on it within the clean wood to be burned-- this was followed
up with a discussion about the need for some kind of recognition that de
minimus levels of contaminated materials should not render the material
a solid waste.

---   The industry does use tire derived fuel, which involves processing
tires to create small chunks of rubber without the metal.

---   AF&PA uses off-spec used oil, and takes the position that such
material is not a solid waste.  Also as part of general operational
practices, oil may be spilled and saw dust used as an absorbent -- the
material then going to combustion as a fuel, likewise oily rags may be
used as a fuel – AF&PA does not view these as solid wastes.

AF&PA raise some questions that EPA needs to further think about.

From our prior discussions my understanding is that off-spec used oil is
a solid waste.  Is that the case, and is there any flexibility there?
With regard to oily rags generated within the facility or spilled oil
that they pick up with saw dust -- because it has never left the
facility, do the used oil provisions apply?

Conceptually, AF&PA sees material that is generated within the facility
as being exempt from any questioning regarding legitimacy.  I assume
that runs counter to EPA basic construct for hazardous waste, and needs
to be a consideration for non-hazardous wastes.

There was mention of burning plastics that cover wire.  These can be
polyvinylidene fluoride, a thermoplastic fluoropolymer.  Like PVC the
fluoropolymers can have close to 60% halogens -- in this case fluoride.
If we decide PVC is a solid waste, we probably also need to include the
fluoropolymers.  Buried here is the issue that if the 112 and 129
standards don't regulated fluoride does that have any bearing on whether
the material is a waste - maybe this just leaves OAR in an awkward
position with the fluoropolymers being a solid waste, and possibly the
129 rules not addressing fluoride (the prior boiler and CISWI standards
regulated HCl and dioxins/furans, but there were no fluoride standards
-- the earlier chloride standards were different between 112 and 129 and
because the limits are structured differently it is difficult to make
any comparisons between the two -- but again, there was nothing for
fluoride.)

Glues are a significant issue for AF&PA.  For the panel manufacturers,
there are cut-off and other residuals that contain glues.  Are there
specific types of glues that are of concern?  (Greg Helms)  Is the issue
urea formaldehyde, phenol resorcinol formaldehyde or isocyanate glues?
In the curing/drying process, are we really left with contaminants of
significant concern during combustion?


[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Notices]
[Page 8803]
[FR Doc No: 2016-03522]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
Schedule 14D-1F, SEC File No. 270-338, OMB Control No. 3235-0376.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Schedule 14D-1F (17 CFR 240.14d-102) is a form that may be used by
any person (the ``bidder'') making a cash tender or exchange offer for
securities of any issuer (the ``target'') incorporated or organized
under the laws of Canada or any Canadian province or territory that is
a foreign private issuer, where less than 40% of the outstanding class
of the target's securities that is the subject of the offer is held by
U.S. holders. Schedule 14D-1F is designed to facilitate cross-border
transactions in the securities of Canadian issuers. The information
required to be filed with the Commission provides security holders with
material information regarding the bidder as well as the transaction so
that they may make informed investment decisions. The information
provided is mandatory and all information is made available to the
public upon request. Schedule 14D-1F takes approximately 2 hours per
response to prepare and is filed by approximately 2 respondents
annually for a total reporting burden of 4 hours (2 hours per response
x 2 responses).
    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 control number.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30
days of this notice.

    Dated: February 16, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-03522 Filed 2-19-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Notices]
[Pages 51468-51469]
[FR Doc No: 2011-21087]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2011-0081; Notice 1]

BMW of North America, LLC, a subsidiary of BMW AG, Receipt of
Petition for Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of Petition for Inconsequential Noncompliance.

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SUMMARY: BMW of North America, LLC,\1\ a subsidiary of BMW AG.\2\
(collectively referred to as ``BMW'') has determined that certain model
year 2011 Mini Cooper Clubman and Mini Cooper S Clubman model passenger
cars manufactured between February 8, 2011 and May 11, 2011, do not
fully comply with paragraph S5.2.1 of Federal Motor Vehicle Safety
Standard (FMVSS) No. 101, Controls and Displays and paragraphs S5.5.2
and S5.5.5 of FMVSS No. 135, Light Vehicle Brake Systems. BMW has filed
an appropriate report pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports (dated May 25, 2011).
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    \1\ BMW of North America, LLC is a U.S. company that
manufactures and imports motor vehicles.
    \2\ BMW AG, is a German company that manufactures motor
vehicles.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), BMW has petitioned for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety.
    This notice of receipt of BMW's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    Affected are approximately 75 model year 2011 Mini Cooper Clubman
and Mini Cooper S Clubman model passenger cars that were manufactured
between February 8, 2011 and May 11, 2011.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, these provisions
only apply to the 75 \3\ model year 2011 Mini Cooper Clubman and Mini
Cooper S Clubman model passenger cars that BMW no longer controlled at
the time it determined that the noncompliance existed.
---------------------------------------------------------------------------

    \3\ BMW's petition, which was filed under 49 CFR Part 556,
requests an agency decision to exempt BMW as a vehicle manufacturer
from the notification and recall responsibilities of 49 CFR Part 573
for 75 of the affected vehicles. However, the agency cannot relieve
vehicle distributors and dealers of the prohibitions on the sale,
offer for sale, introduction or delivery for introduction into
interstate commerce of the noncompliant vehicles under their control
after BMW notified them that the subject noncompliance existed.
Those vehicles must be brought into conformance, exported, or
destroyed.
---------------------------------------------------------------------------

    Paragraph S5.2.1 of FMVSS No. 101 requires in pertinent part:

    S5.2.1 Except for the Low Tire Pressure Telltale, each control,
telltale and indicator that is listed in column 1 of Table 1 or
Table 2 must be identified by the symbol specified for it in column
2 or the word or abbreviation specified for it in column 3 of Table
1 or Table 2. If a symbol is used, each symbol provided pursuant to
this paragraph must be substantially similar in form to the symbol
as it appears in Table 1 or Table 2. If a symbol is used, each
symbol provided pursuant to this paragraph must have the
proportional dimensional characteristics of the symbol as it appears
in Table 1 or Table 2.

    Paragraphs S5.5.2 and S5.5.5 of FMVSS No. 135 requires in pertinent
part:

    S5.5.2. Function check. (a) All indicators shall be activated as
a check function by either: (1) Automatic activation when the
ignition (start) switch is turned to the ``on'' (``run'') position
when the engine is not running, or when the ignition (``start'')
switch is in a position between ``on'' (``run'') and ``start'' that
is designated by the manufacturer as a check position, or (2) A
single manual action by the driver, such as momentary activation of
a test button or switch mounted on the instrument panel in front of
and in clear view of the driver, or, in the case of an indicator for
application of the parking brake, by applying the parking brake when
the ignition is in the ``on'' (``run'') position. (b) In the case of
a vehicle that has an interlock device that prevents the engine from
being started under one or more conditions, check functions meeting
the requirements of S5.5.2(a) need not be operational under any
condition in which the engine cannot be started. (c) The
manufacturer shall explain the brake check function test procedure
in the owner's manual.
    S5.5.5. Labeling. (a) Each visual indicator shall display a word
or words in accordance with the requirements of Standard No. 101 (49
CFR 571.101) and this section, which shall be legible to the driver
under all daytime and nighttime conditions when activated. Unless
otherwise specified, the words shall have letters not less than 3.2
mm (1/8 inch) high and the letters and background shall be of
contrasting colors, one of which is red. Words or symbols in
addition to those required by Standard No. 101 and this section may
be provided for purposes of clarity.
    (b) Vehicles manufactured with a split service brake system may
use a common brake warning indicator to indicate two or more of the
functions described in S5.5.1(a) through S5.5.1(g). If a common
indicator is used, it shall display the word ``Brake.''

    BMW explained that the noncompliance is that the telltales used for
Brake Warning, Park Brake Warning and Antilock Braking System (ABS)
failure warnings are displayed using International Organization for
Standardization (ISO) symbols instead

of the telltale symbols required by FMVSS Nos. 101 and 135.
    BMW stated its belief that although the instrument cluster telltale
symbols are displayed using ISO symbols the noncompliance is
inconsequential to motor vehicle safety for the following reasons:
    (1) If a problem is encountered in which a brake system warning or
malfunction indicator symbol is displayed, it is believed that the
driver will be able to understand the warning symbol and take any
necessary actions required.
    (2) The instrument cluster is mounted behind the steering wheel in
direct sight of the driver, making any warning symbol or indicator
visible.
    (3) There is a ``message center'' within the tachometer which is
also used to inform the driver that a problem exists and can be used to
better clarify why the warning symbol is illuminated.
    (4) Due to similarities between the symbols required by FMVSS Nos.
101 and 135 and ISO symbols, eventually the driver will come to
associate the wheel depiction symbol with the brake system.
    (5) In such an event where the driver is unable to identify the
warning symbol the driver would be able to consult the owner's manual
which depicts as well as explains each of the warning/malfunction
indicator symbols.
    (6) BMW has received no customer complaints regarding the issue of
non compliant telltales.
    BMW also explains NHTSA has previously granted similar petitions.
    In summation, BMW believes that the described noncompliance of its
vehicles is inconsequential to motor vehicle safety, and that its
petition, to exempt it from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.
    Comments: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and be
submitted by any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.

DATES: Comment closing date: September 19, 2011.

    Authority:  (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8)

    Issued on: August 12, 2011.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2011-21087 Filed 8-17-11; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Notices]
[Pages 4654-4655]
[FR Doc No: 2020-01295]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2013-0329; FRL-10004-74-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Rubber Tire Manufacturing (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NSPS for Rubber Tire
Manufacturing (EPA ICR Number 1158.13, OMB Control Number 2060-0156) to
the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through March 31,
2020. Public comments were previously requested via the Federal
Register on May 6, 2019 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 February 26,
2020.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2013-0329, to (1) EPA online using www.regulations.gov (our
preferred method), 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:
(202) 564-0050; 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 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 New Source Performance Standards (NSPS) for Rubber
Tire Manufacturing (40 CFR part 60, subpart BBB) apply to existing and
new facilities with the following processes: Undertread cementing
operations, sidewall cementing operations, tread end cementing
operations, bead cementing operations, green tire spraying operations,
Michelin-A operations, Michelin-B operations, and Michelin-C automatic
operations. Affected facilities include those that commenced
construction, modification, or reconstruction after January 20, 1983.
This information is being collected to assure compliance with 40 CFR
part 60, subpart BBB.
    In general, all NSPS standards require initial notifications,
performance tests, and periodic reports by the owners/operators of the
affected facilities. They 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. These notifications, reports, and
records are essential in determining compliance, and are required of
all affected facilities subject to NSPS.
    Form Numbers: None.
    Respondents/affected entities: Owners or operators of the rubber
tire manufacturing industry.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart BBB).
    Estimated number of respondents: 41 (total).
    Frequency of response: Initially, occasionally, semiannually, and
annually.
    Total estimated burden: 17,700 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $2,070,000 (per year), includes $16,400
annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is no change in the labor hours in
this ICR compared to the previous ICR. This is due to two
considerations. First, the regulations have not changed over the past
three years and are not anticipated to change over the next three
years. Secondly, the growth rate for the industry is very low, negative
or non-existent, so there is no significant change in the overall
burden.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2020-01295 Filed 1-24-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 2, 2010 (Volume 75, Number 147)]
[Notices]
[Page 45111]
[DOCID:fr02au10-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-472-000]

Kinder Morgan Interstate Gas Transmission LLC; Notice of Request
Under Blanket Authorization

July 26, 2010.
    Take notice that on July 20, 2010, Kinder Morgan Interstate Gas
Transmission LLC (KMIGT), PO Box 281304, Lakewood, Colorado 80228-8304,
filed a prior notice request pursuant to sections 157.205, 157.208, and
157.210 of the Commission's regulations under the Natural Gas Act (NGA)
for authorization to replace, construct and operate certain mainline
pipeline and ancillary facilities primarily to serve a new ethanol
plant in Adams County, Nebraska, all as more fully set forth in the
application, which is on file with the Commission and open to public
inspection. The filing may also 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 TTY,
(202) 502-8659.
    KMIGT states that as a result of wrinkle bends, which have caused
the pipeline to become physically deteriorated, approximately 11.4
miles of its 16-inch Franklin to Hastings Pipeline needs to be
replaced. KMIGT asserts that, in response to the developing market for
natural gas and to develop firm transportation to serve ethanol
production facilities in the Midwest, KMIGT held an open season from
July 2, 2010 through July 9, 2010 seeking support to expand its firm
transportation capacity. As a result of the open season, KMIGT states
that it has entered into a binding precedent agreement with Aventine
Renewable Energy--Aurora West, LLC to provide up to 10,000 dekatherms
per day of natural gas to serve its new ethanol plant located near
Aurora, Nebraska. Accordingly, KMIGT proposes to replace 11.4 miles of
the Franklin to Hastings Pipeline with 20-inch pipe to serve the
increase in firm load. In addition, KMIGT proposes to construct and
operate certain ancillary facilities. KMIGT estimates cost of
constructing the proposed facilities is $23,511,100.
    Any questions regarding the application should be directed to
Robert F. Harrington, Vice President, Regulatory, Kinder Morgan
Interstate Gas Transmission LLC, 370 Van Gordon Street, Lakewood,
Colorado 80228-8304, by telephone<PHONE_NUMBER>, or by facsimile at
(303) 984-3272, or by e-mail at<EMAIL_ADDRESS>    Any person 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. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's regulations under
the NGA (18 CFR 157.205) file a protest to the request. If no protest
is filed within the time allowed therefore, 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.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-18845 Filed 7-30-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 56 (Wednesday, March 23, 2016)]
[Notices]
[Page 15516]
[FR Doc No: 2016-06511]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD16-17-000]

Reactive Supply Compensation in Markets Operated by Regional
Transmission Organizations and Independent System Operators; Notice of
Workshop

    Federal Energy Regulatory Commission (Commission) staff will
convene a workshop on June 30, 2016, from 12:00 p.m. (EDT) to 4:00 p.m.
(EDT) in the Commission Meeting Room at 888 First Street NE.,
Washington, DC 20426. The workshop will be open to the public, and all
interested parties are invited to attend and participate. The workshop
will be led by Commission staff, and may be attended by one or more
Commissioners.
    The purpose of the workshop is to discuss compensation for Reactive
Supply and Voltage Control (Reactive Supply) within the Independent
System Operators (ISOs) and Regional Transmission Organizations (RTOs).
Specifically, the workshop will explore the types of costs incurred by
generators for providing Reactive Supply capability and service;
whether those costs are being recovered solely as compensation for
Reactive Supply or whether recovery is also through compensation for
other services; and different methods by which generators receive
compensation for Reactive Supply (e.g., Commission-approved revenue
requirements, market-wide rates, etc.). The workshop will also explore
potential adjustments in compensation based on changes in Reactive
Supply capability and potential mechanisms to prevent overcompensation
for Reactive Supply.
    This workshop will be transcribed. Transcripts of the workshop will
be immediately available for a fee from Ace-Federal Reporters, Inc. at
(202) 347-3700. A free webcast of this event will be available through
www.ferc.gov. Anyone with internet access who wants to view this event
can do so by navigating to the Calendar of Events at www.ferc.gov and
locating this event in the Calendar. The event will contain a link to
its webcast. The Capitol Connection provides technical support for
webcasts and offers the option of listening to the workshop via phone-
bridge for a fee. If you have any questions, visit
www.CapitolConnection.org or call<PHONE_NUMBER>. Those interested in
attending the workshop or viewing the webcast are encouraged to
register at https://www.ferc.gov/whats-new/registration/06-30-16-form.asp.
    A workshop agenda will be issued under separate notice. Those
wishing to nominate themselves for participation in the workshop should
register at https://www.ferc.gov/whats-new/registration/06-30-16-speaker-form.asp by April 28, 2016. Due to time constraints, we may not
be able to accommodate all those interested in speaking.
    Those who wish to file written comments may do so by July 28, 2016.
The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. The first page of any filing should
include docket number AD16-17-000.
    All comments will be placed in the Commission's public files and
will be available for review at the Commission in the Public Reference
Room or may be viewed on the Commission's Web site at www.ferc.gov
using the eLibrary link. Enter AD16-17-000 in the docket number field
to access documents. For assistance, please contact FERC Online
Support.
    Commission workshops are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to<EMAIL_ADDRESS>call<PHONE_NUMBER> (toll
free) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with the
required accommodations.
    For more information about this workshop, please contact:
Sam Wellborn (Technical Information), Office of Energy Market
Regulation--East, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Sarah McKinley (Logistical Information), Office of External Affairs,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
    Dated: March 17, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-06511 Filed 3-22-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: December 22, 2005 (Volume 70, Number 245)]
[Notices]
[Page 76090-76091]
[DOCID:fr22de05-104]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52960; File No. SR-ISE-2005-59]

Self-Regulatory Organizations; International Securities Exchange,
Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Expand its $2.50 Strike Price Program

December 15, 2005.
    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 December 13, 2005, the International Securities Exchange, Inc.
(``ISE'' or ``Exchange'') 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 ISE. The
Exchange has filed the proposal as a ``non-controversial'' rule change
pursuant to section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)
thereunder,\4\ which renders it effective upon filing with 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\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    ISE proposes to amend ISE Rule 504 pertaining to the $2.50 Strike
Price Program (``Program''). Below is the text of the proposed rule
change. Proposed new language is in italics; proposed deletions are in
[brackets].
* * * * *

Rule 504. Series of Options Contracts Open for Trading

    (a) through (f)--No change.
    (g) Pursuant to a program initially approved by the SEC in 1995,
[T]the options exchanges may select up to 200 options classes on
individual stocks for which the interval of strike prices will be $2.50
where the strike price is greater than $25 but less than $50 (the
``$2.50 Strike Price Program''). On any option class that has been
selected as part of this $2.50 Strike Price Program, $2.50 strike
prices between $50 and $75 may be listed, provided that $2.50 strike
prices between $50 and $75 are no more than $10 from the closing price
of the underlying stock in its primary market on the preceding day. For
example, if an options class has been selected as part of the $2.50
Strike Price Program, and the underlying stock closes at $48.50 in its
primary market, the Exchange may list the $52.50 strike price and the
$57.50 strike price on the next business day. If an underlying security
closes at $54, the Exchange may list the $52.50 strike price, the
$57.50 strike price and the $62.50 strike price on the next business
day. [The 200 options classes may be selected by the various options
exchanges pursuant to any agreement mutually agreed to by the
individual exchanges. In addition to those options selected by the
Exchange, t]The Exchange may list a strike price interval [may be] of
$2.50 in any multiply-traded option once [another exchange trading that
option selects such option as part of this program] an exchange selects
an option as part of the $2.50 Price Program. [The Exchange and any of
the other exchanges may also list strike prices of $2.50 on any options
class that was previously selected by the NYSE.]
    (h) No change.
* * * * *

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

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

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

1. Purpose
    The Exchange proposes to amend ISE Rule 504 to allow the listing of
options with $2.50 strike price intervals for options with strike
prices between $50 and $75 on those option classes that have been
selected as part of the Program, provided the $2.50 strike price
intervals between $50 and $75 are no more than $10 from the closing
price of the underlying stock in its primary market on the preceding
day. For example, if an options class has been selected as part of the
Program, and the underlying stock closes at $48.50 in its primary
market, the Exchange may list options with strike prices of $52.50 and
$57.50 on the next business day. If an underlying security closes at
$54, the Exchange may list options with strike prices of $52.50,
$57.50, and $62.50 on the next business day.
    The Program was initially adopted in 1995 as a joint pilot program
of the options exchanges, whereby the options exchanges were permitted
to list options with $2.50 strike price intervals up to $50 on a total
of up to 100 option classes.\5\ The Program was later expanded and
permanently approved in 1998 to allow the options exchanges to select
up to 200 classes on which to list options with $2.50 strike price
intervals up to $50.\6\ Of these 200 options classes eligible for the
Program, 60 classes were allocated to the Chicago Board Options
Exchange (``CBOE'') and 51 classes were allocated to the American Stock
Exchange (``Amex''), all pursuant to a formulae approved by the SEC.
Each options exchange, however, is permitted to list options with $2.50
strike price intervals on any option class that another exchange
selects as part of the Program.\7\
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    \5\ See Securities Exchange Act Release No. 35993 (July 19,
1995), 60 FR 38073 (July 25, 1995) (approving File Nos. SR-Phlx-95-
08, SR-Amex-95-12, SR-PSE-95-07, SR-CBOE-95-19, and SR-NYSE-95-12).
    \6\ See Securities Exchange Act Release No. 40662 (November 12,
1998), 63 FR 64297 (November 19, 1998) (approving File Nos. SR-Amex-
98-21, SR-CBOE-98-29, SR-PCX-98-31, and SR-Phlx-98-26).
    \7\ The ISE does not select any option classes for inclusion in
the Program. The Exchange lists options with $2.50 strike price
intervals on those classes selected by the other options exchanges.
Telephone conversation between Samir Patel, Assistant General
Counsel, ISE, and Theodore S. Venuti, Attorney, Division of Market
Regulation, Commission, on December 15, 2005.
---------------------------------------------------------------------------

    The Exchange believes that its experiences over the years with the
Program have produced positive results.

Specifically, the Program has stimulated customer interest by creating
additional trading opportunities, by providing more flexibility in
trading decisions, and by affording customers the ability to more
closely tailor investment strategies to the precise movement of the
underlying security. The Exchange's proposal to expand the Program as
described in the proposed rule change is intended to provide customers
with greater flexibility in their investment choices for those stocks
priced between $50 and $75 that have a low volatility and thus trade in
a narrow range. The Exchange represents that the Options Price
Reporting Authority has the capacity to accommodate the increase in the
number of series added pursuant to this rule change.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\8\ in general, and furthers the objective of Section
6(b)(5) of the Act,\9\ in particular, in that it is designed to promote
just and equitable principles of change as well as to protect investors
and the public interest, by increasing trading opportunities which
should, in turn, increase the depth and liquidity of the
marketplace.\10\
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ The Commission notes that the statutory basis section of
Exhibit 1 to the proposed rule change states the incorrect rule
amended by the proposal.
---------------------------------------------------------------------------

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

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the forgoing rule change does not: (1) Significantly affect
the protection of investors or the public interest; (2) impose any
significant burden on competition; and (3) become operative for 30 days
after the date of this filing, or such shorter time as the Commission
may designate, it has become effective pursuant to section 19(b)(3)(A)
of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\13\
However, Rule 19b-4(f)(6)(iii) \14\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest.\15\ The Exchange has requested that
the Commission waive the 30-day pre-operative delay, and the Commission
hereby grants that request.\16\ The Commission believes that waiving
the 30-day pre-operative delay is consistent with the protection of
investors and in the public interest. This action will allow the
Exchange to immediately expand its Program to list options with $2.50
strike price intervals for options with strike prices between $50 and
$75. The Commission notes that it recently approved similar expansions
to the $2.50 Strike Price Programs of CBOE and Amex.\17\ These
proposals were subject to a full notice-and-comment period, and no
negative comments were submitted. The Commission does not believe that
ISE's proposal raises any novel issues.
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ Id.
    \15\ In addition, Rule 19b-4(f)(6)(iii) requires that the
Exchange give the Commission 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 of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Commission has decided to waive
the five-day pre-filing notice requirement.
    \16\ For the purposes only of waiving the 30-day pre-operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \17\ See Securities Exchange Act Release Nos. 52892 (December 5,
2005), 70 FR 73492 (December 12, 2005) (approving SR-CBOE-2005-39)
and 52893 (December 5, 2005), 70 FR 73488 (December 12, 2005)
(approving SR-Amex-2005-067).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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 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 No. SR-ISE-2005-59 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-9303.

    All submissions should refer to File No. SR-ISE-2005-59. 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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549. Copies of such filing will also be available for
inspection and copying at the principal office of ISE. 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 No. SR-ISE-2005-59 and should be
submitted on or before January 12, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\18\
Jonathan G. Katz,
Secretary.
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    \18\ 17 CFR 200.30-3(a)(12).
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[FR Doc. E5-7676 Filed 12-21-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: July 2, 2009 (Volume 74, Number 126)]
[Rules and Regulations]
[Page 31618-31620]
[DOCID:fr02jy09-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 26, 121, 125, and 129

[Docket No. FAA-2005-22997; Amendment Nos. 26-3, 121-345, 125-57, and
129-47]
RIN 2120-AI23

Reduction of Fuel Tank Flammability in Transport Category
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, correcting amendments.

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SUMMARY: The Federal Aviation Administration (FAA) is correcting
inadvertent errors that appeared in a previously-published final rule.
That final rule amended FAA regulations that require operators and
manufacturers of transport category airplanes to take steps that, in
combination with other required actions, should greatly reduce the
chances of a catastrophic fuel tank explosion. In that final rule,
erroneous compliance dates were shown. This document changes those
compliance dates accordingly. It also corrects other non-substantive
errors that have come to our attention.

DATES: Effective July 2, 2009.

FOR FURTHER INFORMATION CONTACT: If you have technical questions about
this action, contact Michael E. Dostert, FAA, Propulsion/Mechanical
Systems Branch, ANM-112, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>, facsimile<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Direct any legal questions to Doug Anderson, ANM-
7, FAA, Office of Regional Counsel, 1601 Lind Avenue, SW., Renton, WA
98057-3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Federal Aviation Administration (FAA) published a final rule,
request for comments entitled ``Reduction of Fuel Tank Flammability in
Transport Category Airplanes'' in the Federal Register on July 21, 2008
(73 FR 42444).
    Recently, it was brought to our attention that the effective date
shown in the document was inconsistent with the Congressional Review
Act. This act specifies that, for major rules like this one, the
effective date is no sooner than 60 days after publication or 60 days
after submission to Congress, whichever occurs later. Since this rule
was not received by the Government Accounting Office until October 27,
2008, the effective date of the rule per the Congressional Review Act
is December 26, 2008, not September 19, 2008. Because compliance dates
were calculated based on a September 19, 2008 effective date, those
dates are incorrect. This document makes the appropriate amendatory
changes necessary to reflect the new compliance dates. We also found
some minor errors in Sec. Sec.  121.1117, 125.509 and 129.117 and are
correcting them in this document.

List of Subjects

14 CFR Part 26

    Aircraft, Aviation safety, Continued airworthiness.

14 CFR Part 121

    Air carriers, Aircraft, Aviation safety, Reporting and
recordkeeping requirements, Safety, Transportation.

14 CFR Part 125

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

14 CFR Part 129

    Air carriers, Aircraft, Aviation safety, Reporting and
recordkeeping requirements, Security measures.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends Chapter 1 of Title 14, Code of Federal Regulations (CFR) parts
26, 121, 125, and 129, as follows:

PART 26--CONTINUED AIRWORTHINESS AND SAFETY IMPROVEMENTS FOR
TRANSPORT CATEGORY AIRPLANES

0
1. The authority citation for part 26 continues to read as follows:

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

0
2. Revise Sec.  26.5 to read as follows:

Sec.  26.5  Applicability table.

    Table 1 of this section provides an overview of the applicability
of this part. It provides guidance in identifying what sections apply
to various types of entities. The specific applicability of each
subpart and section is specified in the regulatory text.

                                     Table 1--Applicability of Part 26 Rules
----------------------------------------------------------------------------------------------------------------
                                                                       Applicable sections
                                               -----------------------------------------------------------------
                                                      Subpart B             Subpart D             Subpart E
                                               -----------------------------------------------------------------
                                                                            Fuel tank         Damage tolerance
                                                      EAPAS/FTS           flammability              data
----------------------------------------------------------------------------------------------------------------
            Effective date of rule                December 10, 2007     December 26, 2008     January 11, 2008
----------------------------------------------------------------------------------------------------------------
Existing \1\ TC Holders.......................                 26.11                 26.33   26.43, 26.45, 26.49
Pending \1\ TC Applicants.....................                 26.11                 26.37          26.43, 26.45
Existing \1\ STC Holders......................                   N/A                 26.35          26.47, 26.49
Pending \1\ STC/ATC Applicants................                 26.11                 26.35   26.45, 26.47, 26.49
Future \2\ STC/ATC Applicants.................                 26.11                 26.35   26.45, 26.47, 26.49
Manufacturers.................................                   N/A                 26.39                   N/A
----------------------------------------------------------------------------------------------------------------
\1\ As of the effective date of the identified rule.
\2\ Application made after the effective date of the identified rule.

Sec.  26.33  [Amended]

0
3. Amend Sec.  26.33 as follows:
0
A. In paragraph (b)(1), remove ``September 19, 2008,'' and add
``December 26, 2008,'' in its place.
0
B. In paragraph (d) introductory text, remove ``September 20, 2010,''
and add ``December 27, 2010,'' in its place.
0
C. In paragraph (d)(2) remove ``September 19, 2008,'' and add
``December 26, 2008,'' in its place.
0
D. In paragraph (e), remove ``September 20, 2010,'' and add ``December
27, 2010,'' in its place.
0
E. In paragraph (f), remove ``September 20, 2010,'' and add ``December
27, 2010,'' in its place.

0
F. In paragraph (g) introductory text, remove ``September 19, 2008,''
and add ``December 26, 2008,'' in its place.
0
G. In paragraph (h) introductory text, remove ``September 19, 2008,''
and add ``December 26, 2008,'' in its place.

0
4. Amend Sec.  26.35 as follows:
0
A. In paragraph (a)(1), remove ``September 19, 2008,'' and add
``December 26, 2008,'' in its place.
0
B. In paragraph (a)(2), remove ``September 19, 2008,'' and add
``December 26, 2008,'' in its place, in both places.
0
C. In paragraph (a)(3) introductory text, remove ``September 19,
2008,'' and add ``after December 26, 2008,'' in its place.
0
D. In paragraph (b) introductory text, remove ``Flammability Exposure
Analysis--'' and add ``Flammability Exposure Analysis.'' in its place.
0
E. In paragraph (b)(1)(i), remove ``September 19, 2008,'' and add
``December 26, 2008,'' in its place.
0
F. In paragraph (b)(1)(ii), remove ``September 19, 2008,'' and add
``December 26, 2008,'' in its place.
0
G. In paragraph (b)(2)(i), remove ``September 19, 2008,'' and add
``December 26, 2008,'' in its place.
0
H. In paragraph (c)(1), remove ``March 21, 2011,'' and add ``June 26,
2011,'' in its place.
0
I. In paragraph (c)(2), remove ``March 21, 2011,'' and add ``June 26,
2011,'' in its place.
0
J. In paragraph (d)(2), remove ``September 19, 2008,'' and add
``December 26, 2008,'' in its place.
0
K. In paragraph (e)(1), remove ``September 19, 2012,'' and add
``December 26, 2012,'' in its place.
0
L. In paragraph (e)(2), remove ``September 19, 2012,'' and add
``December 26, 2012,'' in its place.
0
M. Revise the table in paragraph (f)(4) to read as set forth below.

Sec.  26.35  Changes to type certificates affecting fuel tank
flammability.

* * * * *
    (f) * * *
    (4) * * *

                                       Table 2--Compliance Planning Dates
----------------------------------------------------------------------------------------------------------------
                                    Flammability exposure    Impact assessment      Design changes and service
                                        analysis plan              plan                 instructions plan
----------------------------------------------------------------------------------------------------------------
STC and Field Approval Holders....  March 26, 2009.......  February 26, 2011...  August 26, 2011.
----------------------------------------------------------------------------------------------------------------

* * * * *

Sec.  26.37  [Amended]

0
5. Amend Sec.  26.37 as follows:
0
A. In paragraph (a) introductory text, remove ``September 19, 2008,''
the first place it appears and add ``December 26, 2008,'' in its place;
and remove ``September 19, 2008,'' the second place it appears and add
``before December 26, 2008,'' in its place.

0
B. In paragraph (b), remove ``September 19, 2008,'' and add ``December
26, 2008,'' in its place.

Sec.  26.39  [Amended]

0
6. Amend Sec.  26.39 as follows:
0
A. In paragraph (a), remove ``September 20, 2010,'' and add ``December
27, 2010,'' in its place.
0
B. In paragraph (b) introductory text, remove ``September 19, 2008,''
and add ``December 26, 2008,'' in its place.
0
C. In paragraph (c), remove ``September 19, 2008,'' and add ``December
26, 2008,'' in its place.

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG AND SUPPLEMENTAL
OPERATIONS

0
7. The authority citation for part 121 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44012, 44105, 46301.

Sec.  121.1117  [Amended]

0
8. Amend Sec.  121.1117 as follows:
0
A. In paragraph (b), remove ``September 20, 2010,'' and add ``December
27, 2010,'' in its place.
0
B. In paragraph (e)(1), remove ``September 19, 2014,'' and add
``December 26, 2014,'' in its place.
0
C. In paragraph (e)(2), remove ``September 19, 2017,'' and add
``December 26, 2017,'' in its place.
0
D. In paragraph (e)(3), remove ``September 19, 2017,'' and add
``December 26, 2017,'' in its place.
0
E. In paragraph (k)(1), remove ``December 18, 2008,'' and add ``March
26, 2009,'' in its place.
0
F. In paragraph (k)(2), remove ``March 18, 2009,'' and add ``June 24,
2009,'' in its place.
0
G. In paragraph (l), remove ``September 19, 2008,'' and add ``December
26, 2008,'' in its place.
0
H. In paragraph (n), remove ``September 19, 2017,'' and add ``December
26, 2017,'' in its place; and remove ``September 19, 2008,'' and adding
``December 26, 2008,'' in its place.
0
I. In paragraph (o)(3), remove ``Armstrong Viscount'' and add ``VC-10''
in its place.
0
J. Remove paragraph (o)(12) and redesignate paragraphs (o)(13) through
(o)(18) as paragraphs (o)(12) through (o)(17), respectively.
0
K. In the newly redesignated paragraph (o)(13), remove the words
``Handley Page'' the first time they appear.

PART 125--CERTIFICATION AND OPERATIONS; AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT

0
9. The authority citation for part 125 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.

0
10. Amend Sec.  125.509 as follows:
0
A. In paragraph (b), remove ``September 20, 2010,'' and add ``December
27, 2010,'' in its place.
0
B. In paragraph (e)(1), remove ``September 19, 2014,'' and add
``December 26, 2014,'' in its place.
0
C. In paragraph (e)(2), remove ``September 19, 2017,'' and add
``December 26, 2017,'' in its place.

0
D. In paragraph (e)(3), remove ``September 19, 2017,'' and add
``December 26, 2017,'' in its place.
0
E. In paragraph (l), remove ``September 19, 2017'' and add ``December
26, 2017,'' in its place; and remove ``September 19, 2008'' and add
``December 26, 2008,'' in its place.
0
F. In paragraph (m)(3), remove ``Armstrong Viscount'' and add ``VC-10''
in its place.
0
G. Remove paragraph (m)(12) and redesignate paragraphs (m)(13) through
(m)(18) as paragraphs (m)(12) through (m)(17).
0
H. In newly redesignated paragraph (m)(13), remove the words ``Handley
Page'' the first time they appear.
0
I. Add Table 2 immediately after paragraph (k) to read as set forth
below.
    The addition reads as follows:

Sec.  125.509  Flammability reduction means.

* * * * *
    (k) * * *

                                 Table 2
------------------------------------------------------------------------
             Model--Boeing                        Model--Airbus
------------------------------------------------------------------------
747 Series............................  A318, A319, A320, A321 Series.
737 Series............................  A300, A310 Series.
777 Series............................  A330, A340 Series.
767 Series............................
757 Series............................
------------------------------------------------------------------------

* * * * *

PART 129--OPERATION: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF
U.S.-REGISTERED AIRRAFT ENGAGED IN COMMON CARRIAGE

0
11. The authority citation for part 129 continues to read as follows:

    Authority:  49 U.S.C. 1372, 40113, 40119, 44101, 44710-44702,
447-5, 44709-44711, 44713, 44716-44717, 44722, 44901-44904, 44906,
44912, 44105, Pub. L. 107-71 sec. 104.

Sec.  129.117  [Amended]

0
12. Amend Sec.  129.117 as follows:
0
A. In paragraph (b), remove ``September 20, 2010,'' and add ``December
27, 2010,'' in its place.
0
B. In paragraph (d) introductory text, remove the words ``After the
dates specified in paragraphs (j), (k), and (l) of this section,'' and
capitalize the first letter of the word ``after''.
0
C. In paragraph (e)(1), remove ``September 19, 2014,'' and add
``December 26, 2014,'' in its place.
0
D. In paragraph (e)(2), remove ``September 19, 2017,'' and add
``December 26, 2017,'' in its place.
0
E. In paragraph (e)(3), remove ``September 19, 2017,'' and add
``December 26, 2017,'' in its place.
0
F. In paragraph (k)(1), remove ``December 18, 2008,'' and add ``March
26, 2009,'' in its place.
0
G. In paragraph (k)(2), remove ``March 18, 2009,'' and add ``June 24,
2009,'' in its place.
0
H. In paragraph (l), remove ``September 19, 2008,'' and add ``December
26, 2008,'' in its place.
0
I. In paragraph (m), Table 3, remove the phrase ``707/720 Series''.
0
J. In paragraph (n), remove ``September 19, 2017,'' and add ``December
26, 2017,'' in its place; and remove ``September 19, 2008,'' and add
``December 26, 2008,'' in its place.
0
K. In paragraph (o)(3), remove ``Armstrong Viscount'' and add ``VC-10''
in its place.
0
L. Remove paragraph (o)(12) and redesignate paragraphs (o)(13) through
(o)(18) as paragraphs (o)(12) through (o)(17).
0
M. In newly redesignated paragraph (o)(13), remove the words ``Handley
Page'' the first time they appear.

    Issued in Washington, DC, on June 22, 2009.
Rebecca MacPherson,
Assistant Chief Counsel for Regulation, Office of the Chief Counsel.
[FR Doc. E9-15311 Filed 7-1-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)]
[Notices]
[Page 76598]
[FR Doc No: 2015-31106]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: [To Be Published].

STATUS: Closed Meeting.

PLACE: 100 F Street NE., Washington, DC.

DATE AND TIME OF PREVIOUSLY ANNOUNCED MEETING: December 10, 2015 at
2:00 p.m.

CHANGE IN THE MEETING: Additional Item.
    The following matter will also be considered during the 2:00 p.m.
Closed Meeting scheduled for Thursday, December 10, 2015: Litigation
matter.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions as set
forth in 5 U.S.C. 552b(c)(3), (5), (7), (9)(B) and and (10) and 17 CFR
200.402(a)(3), (5), (7), (9)(ii) and (10), permit consideration of the
scheduled matter at the Closed Meeting.
    Commissioner Stein, as duty officer, voted to consider the items
listed for the Closed Meeting in closed session, and determined that
Commission business required consideration earlier than one week from
today. No earlier notice of this meeting was practicable.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items. For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at<PHONE_NUMBER>.

     Dated: December 4, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-31106 Filed 12-7-15; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register: January 24, 2006 (Volume 71, Number 15)]
[Proposed Rules]
[Page 3796]
[DOCID:fr24ja06-24]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2005-MT-0001, FRL-8012-6]

Approval and Promulgation of Air Quality Implementation Plans;
Montana; Revisions to the Administrative Rules of Montana; Proposed
Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Montana on August 25, 2004. The
revisions are to the Administrative Rules of Montana and correct
internal references to state documents; correct references to, or
update citations of, Federal documents; and make minor editorial
changes. In the ``Rules and Regulations'' section of this Federal
Register, EPA is approving the State's SIP revision as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial SIP revision and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the preamble to the
direct final rule. If EPA receives no adverse comments, EPA will not
take further action on this proposed rule. If EPA receives adverse
comments, EPA will withdraw the direct final rule and it will not take
effect. EPA will address all public comments in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.

DATES: Written comments must be received on or before February 23,
2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2005-MT-0001, by one of the following methods:
     http://www.regulations.gov. Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>and<EMAIL_ADDRESS>
     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Richard R. Long, Director, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466.
     Hand Delivery: Richard R. Long, Director, Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8,
Mailcode 8P-AR, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m.
to 4:55 p.m., excluding Federal holidays. Special arrangements should
be made for deliveries of boxed information.
    Please see the direct final rule which is located in the Rules
Section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Laurie Ostrand, Air and Radiation
Program, Mailcode 8P-AR, Environmental Protection Agency (EPA), Region
8, 999 18th Street, Suite 200, Denver, Colorado 80202-2466, (303) 312-
6437<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: See the information provided in the Direct
Final action of the same title which is located in the Rules and
Regulations section of this Federal Register.

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

    Dated: December 7, 2005.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
[FR Doc. 06-632 Filed 1-23-06; 8:45 am]

BILLING CODE 6560-50-P