[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Page 61371]
[FR Doc No: 2021-24142]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-251, OMB Control No. 3235-0256]

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:
    Form F-3

    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'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form F-3 (17 CFR 239.33) is used by foreign issuers to register
securities pursuant to the Securities Act of 1933 (15 U.S.C. 77a et
seq.). The information collected is intended to ensure that the
information required to be filed by the Commission permits verification
of compliance with securities law requirements and assures the public
availability of such information. Form F-3 takes approximately 157.84
hours per response and is filed by approximately 113 respondents. We
estimate that 25% of the 157.84 hours per response (39.46 hours) is
prepared by the registrant for a total annual reporting burden of 4,459
hours (39.46 hours per response x 113 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 background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
to (i) www.reginfo.gov/public/do/PRAMain and (ii) David Bottom,
Director/Chief Information Officer, Securities and Exchange Commission,
c/o John Pezzullo, 100 F Street NE, Washington, DC 20549, or by sending
an email to: [email protected].

    Dated: November 1, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-24142 Filed 11-4-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 13, 2009 (Volume 74, Number 132)]
[Notices]
[Page 33432-33433]
[DOCID:fr13jy09-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR09-17-000]

Tesoro Refining and Marketing Company, Complainant v. SFPP L.P.,
Respondent; Notice of Complaint

July 2, 2009.
    Take notice that on June 30, 2009, Tesoro Refining and Marketing
Company (Tesoro) filed a formal complaint against SFPP L.P. (SFPP)
pursuant to Rule 206 of the Rules of Practice and Procedure of the
Federal Energy Regulatory Commission, 18 CFR 385.206; the Procedural
Rules Applicable to Oil Pipeline Proceedings, 18 CFR 343.2; sections
1(5), 8, 9, 13, 15 and 16 of the Interstate Commerce Act, 49 U.S.C.
App. Sec. Sec.  1(5), 8, 9, 13, 15 and 16 (1984) and section 1803 of
the Energy Policy Act of 1992. Among other things, Tesoro alleges that
SFPP was over-recovering its cost of service in 2007 and 2008 and,
therefore, charged Tesoro excessive rates that are unjust and
unreasonable.
    Tesoro certifies that copies of the complaint were served on the
contacts for SFPP as listed on the Commission's list of Corporate
Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as

appropriate. The Respondent's answer and all interventions, or protests
must be filed on or before the comment date. The Respondent's answer,
motions to intervene, and protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on July 20, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-16435 Filed 7-10-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: August 5, 2008 (Volume 73, Number 151)]
[Notices]
[Page 45457-45458]
[DOCID:fr05au08-64]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-D-0425] (formerly Docket No. 2007D-0021)

Guidance for Industry: Advisory Committee Meetings--Preparation
and Public Availability of Information Given to Advisory Committee
Members; Availability

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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SUMMARY:  The Food and Drug Administration (FDA) is announcing the
availability of a document entitled ``Guidance for Industry: Advisory
Committee Meetings--Preparation and Public Availability of Information
Given to Advisory Committee Members,'' dated August 2008. This document
provides guidance to industry sponsors, applicants, and petitioners who
develop, prepare, or submit briefing materials that will be given to
advisory committee members as background information before an open FDA
advisory committee meeting. The guidance announced in this notice
finalizes the draft guidance of the same title dated February 2007.
Elsewhere in this issue of the Federal Register, FDA is announcing the
availability of three additional guidances and one draft guidance,
intended to improve FDA's advisory committee procedures.

DATES:  The guidance is effective August 5, 2008. Submit written or
electronic comments on agency guidances at any time.

ADDRESSES:  Submit written requests for single copies of the guidance
to the Office of Policy (HF-11), Office of the Commissioner, Food and
Drug Administration, 5600 Fishers Lane, Rockville, MD 20857. Send one
self-addressed adhesive label to assist that office in processing your
requests. Submit telephone requests to<PHONE_NUMBER> or<PHONE_NUMBER>.
See the SUPPLEMENTARY INFORMATION section for electronic access to the
guidance document.
    Submit written comments on the guidance to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. Submit electronic comments to http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jill Hartzler Warner, Office of
Policy, Planning, and Preparedness (HF-11), Food and Drug
Administration, 5600 Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a document entitled
``Guidance for Industry: Advisory Committee Meetings--Preparation and
Public Availability of Information Given to Advisory Committee
Members,'' dated August 2008. This guidance is intended to provide
information to industry sponsors, applicants, and petitioners on the
development, preparation, and submission of briefing materials that
will be provided to advisory committee members as background
information prior to open FDA advisory committee meetings. The guidance
is intended to help minimize the time and resources spent in preparing
such materials for public availability. The guidance also describes the
process FDA intends to follow when we make briefing materials available
to the public.
    An important goal of the guidance is to help ensure that briefing
materials are made available to the public in accordance with section
10(b) of the Federal Advisory Committee Act (FACA) (5 U.S.C. app. 2).
We interpret FACA to require that, with respect to any open advisory
committee meeting convened under FACA, whenever practicable and subject
to any applicable exemptions under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), those materials that we provide to advisory
committee members in connection with that meeting must be made
available for public inspection and copying either before or at the
time of the advisory committee meeting.
    In the guidance, the term ``briefing materials'' is used to
describe the package of information that FDA provides to advisory
committee members before a meeting. The briefing materials for a
particular meeting generally include information prepared by FDA and/or
the sponsor (if the meeting involves a product application or otherwise
involves a particular product). This guidance includes (in the
Appendices) timelines for preparing and submitting briefing materials
to FDA.
    For open advisory committee meetings for which the briefing
materials may contain information that, under certain circumstances,
could be considered to be exempt from public disclosure under FOIA, we
intend to:
     Post a publicly available version of the briefing
materials on FDA's Web site at least 2 full business days before the
meeting is scheduled to occur.
    For meetings for which the briefing materials do not contain
information that, under certain circumstances, could be considered to
be exempt from public disclosure under FOIA, such as many meetings
concerning guidance documents and policy issues, we will try to:
     Make the briefing materials available on FDA's Web site
more than 2 full business days before the meeting.
    In the Federal Register of February 28, 2007 (72 FR 9008), FDA
announced the availability of the draft guidance of the same title
dated February 2007. FDA received a number of comments on the draft
guidance and those comments were considered as the guidance was
finalized. In addition, editorial changes were made to improve clarity.
This guidance finalizes the draft guidance and replaces three
previously issued draft guidance documents entitled: (1) ``Guidance for
Industry: Disclosing Information Provided to Advisory Committees in
Connection With Open Advisory Committee Meetings Related to the Testing
or Approval of New Drugs and Convened by the Center for Drug Evaluation
and Research, Beginning on January 1, 2000,'' dated December 1999; (2)
``Guidance for Industry: Disclosing Information Provided to Advisory
Committees in Connection With Open Advisory Committee Meetings Related
to the Testing or Approval of Biologic Products and Convened by the
Center for Biologics Evaluation and Research,'' dated February 2001;
and (3) ``Availability of Information Given to Advisory Committee
Members in Connection With CDRH Open Public Panel Meetings; Draft
Guidance for Industry and FDA Staff,'' dated July 18, 2001.
    The guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents FDA's
current thinking on this topic. It does not create or confer any rights
for or on any person and does not operate to bind FDA or the public. An
alternative approach may be used if such approach satisfies the
requirements of the applicable statutes and regulations.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding the guidance.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. A copy of the guidance and received
comments are available for public examination in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
    Please note that on January 15, 2008, the FDA Division of Dockets
Management Web site transitioned to the Federal Dockets Management
System (FDMS). FDMS is a Government-wide, electronic docket management
system. Electronic comments or submissions will be accepted by FDA only
through FDMS at http://www.regulations.gov.

III. Electronic Access

    Persons with access to the Internet may obtain the guidance at
http://www.regulations.gov.

    Dated: August 1, 2008.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E8-17997 Filed 8-4-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Rules and Regulations]
[Page 50878-50880]
[DOCID:fr18au10-16]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0433; Directorate Identifier 2009-NM-117-AD;
Amendment 39-16388; AD 2010-16-11]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Corporation Model MD-
90-30 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Model MD-90-30 airplanes. This AD requires inspecting for corrosion of
the retract cylinder support fitting for the main landing gear (MLG)
and the mating bore for the support fitting in the MLG trunnion
fitting, performing corrective actions if necessary, and replacing
cadmium-plated retract cylinder

support bushings and bearings. This AD results from reports of the
retract cylinder support fitting for the MLG failing during gear
extension and subsequently damaging the hydraulic system. We are
issuing this AD to prevent corrosion and damage that could compromise
the integrity of the retract cylinder support fitting for the MLG,
which could adversely affect the airplane's safe landing.

DATES: This AD is effective September 22, 2010.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of September 22,
2010.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.

Examining the AD Docket

    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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<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: Roger Durbin, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Model MD-90-30 airplanes. That NPRM was published in the
Federal Register on April 26, 2010 (75 FR 21528). That NPRM proposed to
require inspecting for corrosion of the retract cylinder support
fitting for the main landing gear (MLG) and the mating bore for the
support fitting in the MLG trunnion fitting, performing corrective
actions if necessary, and replacing cadmium-plated retract cylinder
support bushings and bearings.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD affects 16 airplanes of U.S. registry. The
following table provides the estimated costs for U.S. operators to
comply with this AD.

                                             Table--Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                   Average                   Cost per      U.S.-
              Action                 Work hours   labor rate     Parts       product     registered   Fleet cost
                                                   per hour                              airplanes
----------------------------------------------------------------------------------------------------------------
Inspection........................            1          $85           $0          $85           16       $1,360
Replacement.......................            8           85       24,580       25,260           16      404,160
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 AD:

2010-16-11 McDonnell Douglas Corporation: Amendment 39-16388. Docket
No. FAA-2010-0433; Directorate Identifier 2009-NM-117-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective September 22,
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Corporation Model MD-
90-30 airplanes, certificated in any category, as identified in
Boeing Service Bulletin MD90-57-016, Revision 2, dated April 28,
2006.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from reports of the retract cylinder support
fitting for the main landing gear (MLG) failing during gear
extension, and subsequently damaging the hydraulic system. The
Federal Aviation Administration is issuing this AD to prevent
corrosion and damage that could compromise the integrity of the
retract cylinder support fitting for the MLG, which could adversely
affect the airplane's safe landing.

Compliance

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

Inspection and Corrective Actions

    (g) Before the accumulation of 30,000 total flight hours, or
within 15,000 flight hours after the effective date of this AD,
whichever occurs later, do a general visual inspection of the
retract cylinder support fitting for the MLG and the mating bore in
the MLG trunnion fitting for corrosion, install bushings and
bearings without cadmium plating in the bore, and do all applicable
corrective actions, in accordance with Configuration 1 of the
Accomplishment Instructions of Boeing Service Bulletin MD90-57-016,
Revision 2, dated April 28, 2006. Do all applicable corrective
actions before further flight.

    Note 1: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''

    (h) Doing a general visual inspection, installing bushings and
bearings, and doing all applicable corrective actions is also
acceptable for compliance with the requirements of paragraph (g) of
this AD if done before the effective date of this AD in accordance
with the Accomplishment Instructions of Boeing Service Bulletin
MD90-57-016, Revision 1, dated October 26, 2005.
    (i) Doing a general visual inspection, installing bushings and
bearings, and doing all applicable corrective actions is also
acceptable for compliance with the requirements of paragraph (g) of
this AD if done before the effective date of this AD in accordance
with the Accomplishment Instructions of Boeing Service Bulletin
MD90-57-016, dated September 18, 2002, provided that before the
accumulation of 30,000 total flight hours, or within 15,000 flight
hours after the effective date of this AD, whichever occurs later,
electroless nickel fittings are installed, and bushings and bearings
without cadmium plating in the bore are installed in accordance with
the Accomplishment Instructions of any of the service bulletins
listed in Table 1 of this AD.

                                          Table 1--Service Information
----------------------------------------------------------------------------------------------------------------
                 Document                    Revision               Date              Incorporated by reference
----------------------------------------------------------------------------------------------------------------
Boeing Service Bulletin MD90-57-016......            1  October 26, 2005...........  No.
Boeing Service Bulletin MD90-57-016......            2  April 28, 2006.............  Yes.
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Roger Durbin, Aerospace Engineer, Airframe
Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office,
3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone
(562) 627-5233; fax<PHONE_NUMBER>.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by Boeing
Commercial Airplanes Organization Designation Authorization (ODA)
who has been authorized by the Manager, Los Angeles ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane and 14 CFR 25.571,
Amendment 45, and the approval must specifically refer to this AD.

Material Incorporated by Reference

    (k) You must use Boeing Service Bulletin MD90-57-016, Revision
2, dated April 28, 2006, to do the actions required by this AD,
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on July 28, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-19328 Filed 8-17-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Notices]
[Pages 64569-64571]
[FR Doc No: 2012-25864]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68055; File No. SR-CME-2012-39]

Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change To Amend CME Rule 971 To Require FCM Clearing Members To
Provide Certain View-Only Access

October 16, 2012.
    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 October 4, 2012, Chicago Mercantile Exchange Inc. (``CME'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change described in Items I and II below, which Items
have been prepared substantially by CME. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons and to approve the proposed rule change on an
accelerated basis.
---------------------------------------------------------------------------

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

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

    CME proposes to make amendments to CME Rule 971 as part of an
industry wide initiative that is designed to further safeguard customer
funds held at the futures commission merchant (``FCM'') level.

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

    In its filing with the Commission, CME 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 III below. CME has prepared summaries, set forth in sections A, B
and C below, of the most significant aspects of such statements.\3\
---------------------------------------------------------------------------

    \3\ The Commission has modified the text of the summaries
prepared by CME.
---------------------------------------------------------------------------

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

    CME is registered as a derivatives clearing organization with the
Commodity Futures Trading Commission (``CFTC'') and operates a
substantial business clearing futures and swaps contracts subject to
the jurisdiction of the CFTC. CME proposes to make rule changes to CME
Rule 971 in coordination with the implementation by the National
Futures Association (``NFA'') of parallel revisions to NFA rules. The
proposed rule changes are part of a continuing effort to enhance the
protection of customer funds held at the FCM level.
    Under revised CME 971.C, FCM clearing members would be required to
provide the CME Audit Department with view-only full access of
segregated, secured, and Cleared Swaps Customer accounts at a bank or
trust company. Amended CME Rule 971.C would provide the CME Audit
Department with enhanced capabilities to review FCM funds at a bank or
trust company for verification on a real-time and surprise basis,
without seeking further authorization from FCM clearing members.
    The proposed effective date for these revisions is after November
5, 2012 and will be coordinated with implementation by the National
Futures Association (``NFA'') of parallel revisions to NFA rules. The
proposed changes to CME Rule 971 are attached as Exhibit 5 to the Form
19b-4 that was filed with the Commission in connection with this
proposed rule change.\4\ CME also made a filing, CME Submission 12-282,
with the CFTC, with respect to the proposed changes.
---------------------------------------------------------------------------

    \4\ On November 5, 2012, in connection with implementation of
the CFTC's Part 22 Regulations, references to ``sequestered''
accounts in CME Rule 971 will be changed to Cleared Swaps Customer
accounts, and references to CME rules for sequestered accounts will
be deleted. These changes were the subject of a separate CME filing
with the Commission, SR-CME-2012-30. The text of the proposed
changes associated with this filing contains the current
``sequestered'' terminology.
---------------------------------------------------------------------------

    CME believes the proposed changes are consistent with the
requirements of the Exchange Act. First, CME, a derivatives clearing
organization, is implementing the proposed changes in furtherance with
applicable CFTC regulations and the Commodity Exchange Act (``CEA''),
which contains a number of provisions that are comparable to the
policies underlying the Act, including, for example, promoting market
transparency for derivatives markets, promoting the prompt and accurate
clearance of transactions, and protecting investors and the public
interest.\5\ Second, CME believes the proposed changes are specifically
designed to protect investors and the public interest because the
requirements help safeguard customer funds held at the FCM level.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

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

    CME does not believe that the proposed rule change will have any
impact, or impose any burden, on competition.

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

    CME has not solicited, and does not intend to solicit, comments
regarding this proposed rule change. CME has not received any
unsolicited written comments from interested parties.

III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CME-2012-39 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-CME-2012-39. 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 such filing also will be available
for inspection and copying at the principal office of CME and on CME's
Web site at http://www.cmegroup.com/market-regulation/rule-filings.html.
    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-CME-2012-39
and should be submitted on or before November 13, 2012.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    Section 19(b) of the Act \6\ directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization. The Commission finds that the proposed rule change is
consistent with the requirements of the Act, in particular the
requirements of Section 17A of the Act, and the rules and regulations
thereunder applicable to CME.\7\ Specifically, the Commission finds
that the proposed rule change is consistent with Section 17A(b)(3)(F)
of the Act, which requires, among other things, that the rules of a
registered

clearing agency be designed to assure the safeguarding of securities
and funds which are in the custody or control of the clearing agency or
for which it is responsible and to protect investors and the public
interest.\8\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b).
    \7\ 15 U.S.C. 78q-1. In approving this proposed rule change, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    In its filing, CME requested that the Commission approve this
proposed rule change on an accelerated basis for good cause shown
because the proposed changes are part of an industry wide initiative
that is specifically designed to protect investors and the public
interest through adoption of requirements that help safeguard customer
funds held at the FCM level.
    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\9\ for approving the proposed rule change prior to the 30th
day after the date of publication of notice in the Federal Register
because, as a registered derivatives clearing organization, CME must
make the rule changes discussed above as part of an industry wide
initiative that is specifically designed to protect investors and the
public interest through adoption of requirements that help safeguard
customer funds held at the FCM level.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (SR-CME-2012-39) be, and hereby is,
approved on an accelerated basis.

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

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-25864 Filed 10-19-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 10, 2010 (Volume 75, Number 175)]
[Notices]
[Page 55393-55394]
[DOCID:fr10se10-111]

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

Federal Aviation Administration

Aviation Rulemaking Advisory Committee Meeting on Transport
Airplane and Engine Issues

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of public meeting.

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SUMMARY: This notice announces a public meeting of the FAA's Aviation
Rulemaking Advisory Committee (ARAC) to discuss transport airplane and
engine (TAE) issues.

DATES: The meeting is scheduled for Wednesday, October 06, 2010,
starting at 9 a.m. Eastern Daylight Time. Arrangements for oral
presentations must be made by September 22, 2010.

ADDRESSES: The Boeing Company, 1200 Wilson Boulevard, Room 234,
Arlington, Virginia 22209.

FOR FURTHER INFORMATION CONTACT: Ralen Gao, Office of Rulemaking, ARM-
209, FAA, 800 Independence Avenue, SW., Washington, DC 20591, Telephone
(202) 267-3168, FAX<PHONE_NUMBER>, or e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-

463; 5 U.S.C. app. 2), notice is given of an ARAC meeting to be held
October 06, 2010.
    The agenda for the meeting is as follows:
     Opening Remarks, Review Agenda and Minutes.
     FAA Report.
     ARAC Executive Committee Report.
     Transport Canada Report.
     Airworthiness Assurance Harmonization Working Group (HWG)
Report.
     Avionics HWG Report.
     Materials Flammability Working Group Formation.
     Any Other Business.
     Action Items Review.
    Attendance is open to the public, but will be limited to the
availability of meeting room space. Please confirm your attendance with
the person listed in the FOR FURTHER INFORMATION CONTACT section no
later than September 22, 2010. Please provide the following
information: Full legal name, country of citizenship, and name of your
industry association, or applicable affiliation. If you are attending
as a public citizen, please indicate so.
    The FAA will arrange for teleconference service for individuals
wishing to join in by teleconference if we receive notice by September
22, 2010. For persons participating by telephone, please contact Ralen
Gao by email or phone for the teleconference call-in number and
passcode. Anyone calling from outside the Arlington, VA, metropolitan
area will be responsible for paying long-distance charges.
    The public must make arrangements by September 22, 2010, to present
oral statements at the meeting. Written statements may be presented to
the ARAC at any time by providing 25 copies to the person listed in the
FOR FURTHER INFORMATION CONTACT section or by providing copies at the
meeting. Copies of the documents to be presented to ARAC may be made
available by contacting the person listed in the FOR FURTHER
INFORMATION CONTACT section.
    If you need assistance or require a reasonable accommodation for
the meeting or meeting documents, please contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Sign and oral
interpretation, as well as a listening device, can be made available if
requested 10 calendar days before the meeting.

    Issued in Washington, DC, on September 3, 2010.
Dennis R. Pratte, II,
Acting Director, Office of Rulemaking.
[FR Doc. 2010-22631 Filed 9-9-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Rules and Regulations]
[Pages 33782-33785]
[FR Doc No: 2017-14929]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9501; Directorate Identifier 2016-NM-137-AD;
Amendment 39-18961; AD 2017-15-01]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 777 airplanes. This AD was prompted by reports
of uncommanded altitude display changes in the mode control panel (MCP)
altitude window. This AD requires replacing the existing MCP with a new
MCP having a different part number. We are issuing this AD to address
the unsafe condition on these products.

DATES:
    This AD is effective August 25, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 25,
2017.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9501.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9501; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket 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: Frank Carreras, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 777 airplanes. The NPRM published in the Federal Register on
December 20, 2016 (81 FR 92740) (``the NPRM''). The NPRM was prompted
by reports of uncommanded altitude display changes in the MCP altitude
window. The NPRM proposed to require replacing the existing MCP with a
new MCP having a different part number. We are issuing this AD to
prevent uncommanded changes to the MCP selected at altitude; such
uncommanded changes could result in incorrect spatial separation
between airplanes, midair collision, or controlled flight into terrain.

Comments

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

Support for the NPRM

    Boeing and FedEx stated that they concur with the contents of the
NPRM.

Request To Reduce the Compliance Time

    Air Line Pilots Association, International (ALPA), indicated its
support for the NPRM but requested that the compliance time in
paragraph (g) of the proposed AD be reduced from 60 months to 50
months. The commenter did not provide justification for its request.
    We do not agree with the commenter's request to reduce the
compliance time. In developing an appropriate compliance time, we
considered the safety implications and the availability of required
parts. In addition, we also received manufacturer concurrence for the
60-month compliance time. In consideration of all of these factors, we
determined that the compliance time, as proposed, represents an
appropriate interval in which the MCP parts can be replaced in a timely
manner within the fleet, while still maintaining an adequate level of
safety. For most ADs, operators are permitted to accomplish the
requirements at a time earlier than the specified compliance time; for
this AD, an operator may choose to replace the affected MCP at any time
up to 60 months after the effective date of this AD. If additional data
are presented that would justify a shorter compliance time, we might
consider further rulemaking on this issue. We have not changed this AD
in this regard.

Request To Revise the Applicability

    United Airlines (UAL) requested that the applicability of the
proposed AD be limited to only those MCP series parts on which the
uncommanded changes in the speed/mach window occurred. The commenter
noted that the NPRM did not indicate if the uncommanded changes were
reported on all three MCP series parts (MCP-770, MCP-771, and MCP-770C)
or only one MCP series part. The commenter suggested that if the
uncommanded changes occurred only on one MCP series part, then the
applicability of the proposed AD should be limited to that particular
MCP series part. The commenter observed that this would reduce the
number of MCP parts that need to be replaced or upgraded and reduce the
compliance time needs.
    We agree that clarification is necessary regarding the affected MCP
series parts. Based on the manufacturer's installation review, the
unsafe condition has been identified to exist in all three MCP series
parts. Therefore, no change to this AD is required regarding this
issue.

Request To Review the MCP Design

    One commenter, Geoffrey Barrance, noted that the FAA has issued AD
2016-25-01, Amendment 39-18727 (81 FR 94949, December 27, 2016), which
addressed uncommanded autopilot engagement before takeoff. The
commenter thought that there was a similarity in the root causes
(malfunction of the MCP) of the unsafe conditions in AD 2016-25-01 and
this final rule. The commenter recommended that the FAA initiate a
review of the MCP design, including changes that might have been
introduced over the life of these units, to identify if the design was
initially susceptible to, or has been subsequently compromised in a way
that could result in the unsafe conditions of both ADs.
    We infer the commenter may think the unsafe condition associated
with AD 2016-25-01 resulted from a similar root cause as the unsafe
condition addressed by this AD based on a statement in the Discussion
section of the NPRM (80 FR 79735, December 23, 2015) associated with AD
2016-25-01. That statement noted that ``the erroneous autopilot engage
request is believed to have come from the mode control panel (MCP) and
to have been caused by contamination within the MCP.'' During the
public comment period for the NPRM associated with AD 2016-25-01,
Boeing stated that this statement was speculative and requested that
the FAA remove it and replace it with a statement that possible
failures in the autopilot flight director system can cause an
uncommanded engagement of the autopilot. We agreed the replacement
statement would be less speculative; however, because the Discussion
section of an NPRM is not repeated in the final rule, AD 2016-25-01 was
not revised.
    We do not agree with the commenter's request because we have
determined that there is no similarity in the root cause of the unsafe
condition of AD 2016-25-01 and this AD. The unsafe condition identified
in AD 2016-25-01 is different from the unsafe condition identified in
this final rule. AD 2016-25-01 addresses uncommanded autopilot
engagement on the ground, potentially resulting in incorrect stabilizer
trim adjustment during takeoff. This final rule addresses uncommanded
altitude display changes in the MCP while the autopilot is engaged. We
have not changed this AD regarding this issue.

Requests To Revise the Estimated Costs of Compliance

    Cathay Pacific Airlines asked why operators are being charged for
the parts and labor associated with compliance with the proposed AD if
the unsafe condition is the result of a design flaw (the problematic
MCP-770 part) that could not be detected during flight tests or the
design phase. We infer that the commenter is requesting that either the
estimated costs of the proposed AD be revised or the manufacturer's
warranty coverage.
    We do not agree to revise the cost estimates. We do not control the
manufacturer's warranty coverage. We have identified an unsafe
condition that must be corrected to ensure that airplanes are operated
in an airworthy condition, as required by the Federal Aviation
Regulations. We have not changed this AD in regard to this issue.
    UAL requested a revision to the estimated costs of the proposed AD
because the estimated costs provided are too low. UAL stated that only
MCP-770C can be upgraded and all other MCP series parts would need to
be replaced. UAL observed that its estimated fleet cost would exceed
$8,000,000.
    We do not agree with the commenter's request. We acknowledge that
the cost estimate does not include the cost of a new MCP. The estimated
costs in the NPRM were based on data provided in Boeing Special
Attention Service Bulletin 777-22-0034, dated March 3, 2016. The cost
section of the NPRM indicated that we have received no definitive data
regarding the cost of a new MCP. Although UAL provided a

cost estimate for its fleet, we still have not received a definitive
cost estimate for a new MCP. We have not changed this AD regarding this
issue.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD as proposed except for minor editorial changes. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 777-22-0034,
dated March 3, 2016. The service information describes procedures for
replacing the existing MCP part with a new MCP part having a different
part number, in the glareshield in the flight compartment. This service
information 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

    We estimate that this AD affects 203 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                            Cost per
            Action                   Labor cost          Parts cost         product      Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Replacement..................  2 work-hours x $85     Up to $5,800\1\.  Up to $5,970...  Up to $1,211,910.\1\
                                per hour = $170.
----------------------------------------------------------------------------------------------------------------
\1\ Since we have received no definitive data regarding the cost of a new MCP we have provided costs for the
  upgrade (modified part) only.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2017-15-01 The Boeing Company: Amendment 39-18961; Docket No. FAA-
2016-9501; Directorate Identifier 2016-NM-137-AD.

(a) Effective Date

    This AD is effective August 25, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 777-200, -200LR, -
300, -300ER, and 777F series airplanes, certificated in any
category, identified in Boeing Special Attention Service Bulletin
777-22-0034, dated March 3, 2016.

(d) Subject

    Air Transport Association (ATA) of America Code 22; Auto flight.

(e) Unsafe Condition

    This AD was prompted by reports of uncommanded altitude display
changes in the mode control panel (MCP) altitude window. We are
issuing this AD to prevent uncommanded changes to the MCP selected
altitude; such uncommanded changes could result in incorrect spatial
separation between airplanes, midair collision, or controlled flight
into terrain.

(f) Compliance

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

(g) Replacement of MCP

    Within 60 months after the effective date of this AD: Replace
the existing MCP part with a new MCP part having a different part
number, in accordance with the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 777-22-0034, dated March 3, 2016.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (i) of this AD.
Information may be emailed to<EMAIL_ADDRESS>

    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(h)(4)(i) and (h)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled 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 RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(i) Related Information

    For more information about this AD, contact Frank Carreras,
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA,
Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone:
425-917-6442; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 777-22-0034, dated
March 3, 2016.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone: 206-544-
5000, extension 1; fax:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 7, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-14929 Filed 7-20-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Rules and Regulations]
[Pages 5584-5586]
[FR Doc No: 2019-02924]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0508; Product Identifier 2018-NM-012-AD; Amendment
39-19563; AD 2019-03-11]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by
a determination that more restrictive maintenance requirements and
airworthiness limitations are necessary. This AD requires revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive maintenance requirements and
airworthiness limitations. We are issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective March 29, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 29,
2019.

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>internet http://www.airbus.com. You may
view this service information at the FAA, Transport Standards 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 on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0508.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0508; 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, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) 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: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Airbus SAS Model
A350-941 airplanes. The NPRM published in the Federal Register on June
11, 2018 (83 FR 26884). The NPRM was prompted by a determination that
more restrictive maintenance requirements and airworthiness limitations
are necessary. The NPRM proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive maintenance requirements and airworthiness
limitations.
    We issued a supplemental NPRM (SNPRM) to amend 14 CFR part 39 by
adding an AD that would apply to certain Airbus SAS Model A350-941 and
-1041 airplanes. The SNPRM published in the Federal Register on
November 6, 2018 (83 FR 55496). We issued the SNPRM because the service
information referenced in the NPRM had been further revised to include
new or more restrictive maintenance requirements and airworthiness
limitations. We also revised the applicability of the proposed AD by
adding Airbus SAS Model A350-1041 airplanes.
    We are issuing this AD to address safety-significant latent
failures that would, in combination with one or more other specific
failures or events, result in a hazardous or catastrophic failure
condition.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0179, dated August 23, 2018, to correct an unsafe condition on all
Airbus SAS Model A350-941 and -1041 airplanes. EASA AD 2018-0179
states:

    Certification Maintenance Requirements (CMR) for the Airbus
A350, which are approved by EASA, are currently defined and
published in the Airbus A350 ALS [Airworthiness Limitations Section]
Part 3 document. These instructions have been

identified as mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in an
unsafe condition.
    EASA previously issued AD 2018-0004 to require the actions as
specified in Airbus A350 ALS Part 3 Revision 04.
    Since this [EASA] AD was issued, Airbus published variation 4.2
of Airbus A350 ALS Part 3, to introduce new and more restrictive
CMRs.
    For the reason described above, this [EASA] AD requires
accomplishment of the actions specified in the ALS.

    EASA previously issued AD 2018-0004, dated January 9, 2018, to
correct an unsafe condition on all Airbus SAS Model A350-941 airplanes.
EASA AD 2018-0004 states:

    Certification Maintenance Requirements (CMR) for the Airbus
A350, which are approved by EASA, are currently defined and
published in the Airbus A350 ALS Part 3 document. These instructions
have been identified as mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in an
unsafe condition.
    EASA previously issued AD 2017-0029 to require the actions as
specified in Airbus A350 ALS Part 3 Revision 03.
    Since this [EASA] AD was issued, Airbus published Revision 04 of
Airbus A350 ALS Part 3, to introduce new and more restrictive CMRs.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2017-0029, which is superseded, and requires
accomplishment of the actions specified in the ALS.

    EASA ADs 2018-0004 and 2018-0179 are collectively referred to after
this as the Mandatory Continuing Airworthiness Information, or ``the
MCAI''.
    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0508.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comment received on the
SNPRM and the FAA's response to that comment.

Support for the SNPRM

    An anonymous commenter stated support for the SNPRM.

Request To Clarify the Cost of Compliance

    The anonymous commenter wondered how the total cost of $7,650 per
worker was reached and expressed concern that the cost would create
inefficient use of workers' time if they are checking the airplane more
than they should be.
    From these statements, we infer that the commenter was requesting
that we clarify the proposed Costs of Compliance. We agree to clarify
the Costs of Compliance in this final rule. As we explained in the
Costs of Compliance section, the cost estimate comes from the $85 per
work-hour labor rate multiplied by the 90 work-hours for incorporating
the new, more restrictive maintenance requirements and airworthiness
limitations into the operator's maintenance or inspection program,
although this figure may vary from operator to operator. In the past,
we have estimated that this action takes 1 work-hour per airplane.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), we have determined that a per-operator
estimate is more accurate than a per-airplane estimate. The cost does
not include the estimated time for each inspection because this AD only
requires revisions to certain operator maintenance documents to include
new actions (e.g., inspections). Compliance with these actions is
required by 14 CFR 91.403(c). We have not changed this final rule in
this regard.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    Airbus has issued A350 Airworthiness Limitations Section (ALS) Part
3, Certification Maintenance Requirements (CMR), Revision 04, dated
December 15, 2017, as supplemented by Airbus A350 ALS Part 3,
Certification Maintenance Requirements (CMR), Variation 4.2, dated July
26, 2018. These documents describe mandatory maintenance requirements
and airworthiness limitations that operators must perform at specified
intervals. This service information 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

    We estimate that this AD affects 11 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD. We have
determined that revising the existing maintenance or inspection program
takes an average of 90 work-hours per operator, although this figure
may vary from operator to operator. In the past, we have estimated that
this action takes 1 work-hour per airplane. Since operators incorporate
maintenance or inspection program changes for their affected fleet(s),
we have determined that a per-operator estimate is more accurate than a
per-airplane estimate. Therefore, we estimate the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and

responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2019-03-11 Airbus SAS: Amendment 39-19563; Docket No. FAA-2018-0508;
Product Identifier 2018-NM-012-AD.

(a) Effective Date

    This AD is effective March 29, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, with an original
certificate of airworthiness or original export certificate of
airworthiness issued on or before July 26, 2018.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that more restrictive
maintenance requirements and airworthiness limitations are
necessary. We are issuing this AD to address safety-significant
latent failures that would, in combination with one or more other
specific failures or events, result in a hazardous or catastrophic
failure condition.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate Airbus A350 Airworthiness Limitations Section (ALS) Part
3, Certification Maintenance Requirements (CMR), Revision 04, dated
December 15, 2017, as supplemented by Airbus A350 ALS Part 3,
Certification Maintenance Requirements (CMR), Variation 4.2, dated
July 26, 2018. The initial compliance time for accomplishing the
actions is at the applicable times specified in Airbus A350
Airworthiness Limitations Section (ALS) Part 3, Certification
Maintenance Requirements (CMR), Revision 04, dated December 15,
2017, as supplemented by Airbus A350 ALS Part 3, Certification
Maintenance Requirements (CMR), Variation 4.2, dated July 26, 2018;
or within 90 days after the effective date of this AD; whichever
occurs later.

(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals, may be used unless the
actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (i)(1) of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 International Section, send it to the attention of
the person identified in paragraph (j)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>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 corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (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): 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

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0179, dated August 23, 2018; and EASA AD 2018-
0004, dated January 9, 2018, for related information. This MCAI may
be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2018-0508.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.

(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) Airbus A350 Airworthiness Limitations Section (ALS) Part 3,
Certification Maintenance Requirements (CMR), Revision 04, dated
December 15, 2017.
    (ii) Airbus A350 ALS Part 3, Certification Maintenance
Requirements (CMR), Variation 4.2, dated July 26, 2018.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 45 80; email<EMAIL_ADDRESS>
internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on February 7, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-02924 Filed 2-21-19; 8:45 am]
 BILLING CODE 4910-13-P


              Portsmouth Naval Shipyard, Kittery, Maine
              Superfund Site

                                    Deletion Docket Index

Notice of Intent to Delete (NOID) Docket

                                         August 2023

                                         Prepared by
            EPA New England Office of Site Remediation and Restoration

                             Introduction to the Collection

 This is the docket Collection AR 67418 for the Portsmouth Naval Shipyard Site, Kittery, Maine, Notice of Intent to Delete (NOID), released August 16, 2023. The file contains site-specific documents and a list of guidance documents used by EPA staff in selecting a response action at the site.

 Documents listed as bibliographic sources in individual reports might not be listed separately in the index.

       The docket is available for review online at:
       https://www.fdms.gov/docket/EPA-HQ-OLEM-2023-0382
       Additional information about the site is also available at:
       Portsmouth Naval Shipyard Superfund Site
 EPA New England
 SEMS Records and Information Center 5 Post Office Square, Suite 100 (02-3)
 Boston, MA 02109-3912
 (by appointment)
<PHONE_NUMBER> (phone)
<PHONE_NUMBER> (fax)

 Rice Public Library
 8 Wentworth Street
 Kittery, ME 03904
<PHONE_NUMBER>

 Portsmouth Public Library
 175 Parrott Street
 Portsmouth, NH 03801
<PHONE_NUMBER>

 A docket is required by the Comprehensive Environmental Response,
 Compensation, and Liability Act (CERCLA), as amended by the Superfund Amendments and Reauthorization Act (SARA).

 Questions about this docket should be directed to the EPA New England site manager, Robert Lim<EMAIL_ADDRESS>617-918-1392)


[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Rules and Regulations]
[Page 59494-59496]
[DOCID:fr09oc08-7]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30630; Amdt. No. 3289]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure

Procedures for operations at certain airports. These regulatory actions
are needed because of the adoption of new or revised criteria, or
because of changes occurring in the National Airspace System, such as
the commissioning of new navigational facilities, adding new obstacles,
or changing air traffic requirements. These changes are designed to
provide safe and efficient use of the navigable airspace and to promote
safe flight operations under instrument flight rules at the affected
airports.

DATES: This rule is effective October 9, 2008. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 9, 2008.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under DOT
Regulatory Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on September 19, 2008.
James J. Ballough,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal Regulations, Part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
        FDC date               State                 City                   Airport           FDC  No.                       Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
07/10/08...............  MI...............  MANISTEE..............  MANISTEE CO.-BLACKER..       8/6401  VOR RWY 27, ORIG
09/04/08...............  GQ...............  AGANA.................  GUAM INTL.............       8/6576  ILS OR LOC/DME RWY 6L, AMDT 3B
09/05/08...............  CO...............  DENVER................  ROCKY MOUNTAIN               8/6770  GPS RWY 29L, ORIG-A
                                                                     METROPOLITAN.
09/05/08...............  CO...............  DENVER................  ROCKY MOUNTAIN               8/6771  GPS RWY 29R, ORIG-A
                                                                     METROPOLITAN.
09/05/08...............  MT...............  BUTTE.................  BERT MOONEY...........       8/6864  ILS Y RWY 15, AMDT 6
09/05/08...............  MT...............  ANACONDA..............  BOWMAN FIELD..........       8/6866  VOR/DME OR GPS A, AMDT 1
09/05/08...............  OR...............  EUGENE................  MAHLON SWEET FIELD....       8/6867  ILS OR LOC/DME RWY 16L, ORIG
09/05/08...............  AK...............  PERRYVILLE............  PERRYVILLE............       8/6868  RNAV (GPS) RWY 2, ORIG
09/08/08...............  KY...............  DANVILLE..............  STUART POWELL FIELD...       8/7015  LOC/DME RWY 30, AMDT 1A
09/08/08...............  AR...............  FORT SMITH............  FORT SMITH RGNL.......       8/7062  RNAV (GPS) RWY 7, ORIG-B
09/08/08...............  AR...............  FORT SMITH............  FORT SMITH RGNL.......       8/7064  VOR/DME OR TACAN RWY 7, AMDT 11B
09/08/08...............  AR...............  FORT SMITH............  FORT SMITH RGNL.......       8/7065  RNAV (GPS) RWY 25, ORIG-B
09/08/08...............  AR...............  FORT SMITH............  FORT SMITH RGNL.......       8/7067  ILS OR LOC RWY 25, AMDT 21D
09/08/08...............  AR...............  FORT SMITH............  FORT SMITH RGNL.......       8/7068  ILS OR LOC RWY 7, ORIG-B
09/08/08...............  AR...............  FORT SMITH............  FORT SMITH RGNL.......       8/7069  VOR OR TACAN RWY 25, AMDT 20G
09/10/08...............  OK...............  TULSA.................  TULSA INTL............       8/7352  ILS OR LOC RWY 18R, AMDT 7
09/10/08...............  CA...............  VAN NUYS..............  VAN NUYS..............       8/7460  ILS RWY 16R, AMDT 5A
09/11/08...............  VA...............  DUBLIN................  NEW RIVER VALLEY......       8/7673  ILS OR LOC RWY 6, AMDT 4A
09/12/08...............  LA...............  LAFAYETTE.............  LAFAYETTE REGIONAL....       8/7965  TAKEOFF MINIMUMS AND (OBSTACLE) DEPARTURE
                                                                                PROCEDURES (ODP), AMDT 1
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. E8-23916 Filed 10-8-08; 8:45 am]

BILLING CODE 4910-13-P


From:
Brenna M Harden<EMAIL_ADDRESS>Sent:
Wednesday, August 3, 2022 9:43 AM
To:
Jones, DonnaLee<EMAIL_ADDRESS><EMAIL_ADDRESS>Coke ICR2<EMAIL_ADDRESS>Cc:
Marion M Krchmar<EMAIL_ADDRESS>Fadi K Mourad<EMAIL_ADDRESS>Robert B Sanch<EMAIL_ADDRESS>Laura J Harris<EMAIL_ADDRESS>Andrea E Hayden<EMAIL_ADDRESS>Todd A Richards<EMAIL_ADDRESS>'Jeff Knight'<EMAIL_ADDRESS>Robert H Carlin<EMAIL_ADDRESS>Subject:
Concerns Regarding EPA's June 28, 2022 Coke Ovens Section 114 Information Collection Requests - Enclosure 2 Detailed Stack Test Problems

Dear Mr French and Dr. Jones:

On June 29, 2022, DTE Vantage (DTE) received Section 114 of the Clean Air Act Information Collection Request (ICR) in relation to development of Risk and Technology Review of Coke Oven Facilities related to 40 CFR Part 63, Subpart CCCCC, Pushing Quenching and Battery Stacks. The ICR also included risk and technology review, testing, interior and fenceline monitoring, and other information collection activities related to potential new regulations for coke byproduct recovery plants (CBRP) in relation to 40 CFR Part 63, Subpart L, Coke Oven Batteries. DTE owns and operates EES Coke Battery, L.L.C. (EES Coke) located in River Rouge, MI.

Attached is the letter of concern by EES Coke's affiliated industry group, American Coke and Coal Chemicals Institute (ACCCI). ACCCI has a subgroup of the Coke Oven Emission Task Force which is a group of member companies previously formed in 1996 to address major environmental issues collaboratively facing the US coke byproduct recovery industry. EES Coke is a member of the COETF. The COETF engaged Trinity Consultants (Trinity) to assist the COETF in assessing concerns with the ICRs. The enclosed August 2, 2022 letter reflects the industry's concerns regarding the ICR, including the detailed explanation of stack testing problems as required by the first task due within 35 days of the submission (August 3, 2022.) EES Coke has supplied an additional cover letter to emphasis points associated with this site. In addition, a hard copy will be submitted to Dr. Jones certified mail.

Regards,
Brenna Harden
DTE Vantage | EES Coke Battery, L.L.C., Senior Environmental Engineer
PO Box 18309, River Rouge, MI 48218
o<PHONE_NUMBER> | m<PHONE_NUMBER>
dtevantage.com

<< EES Submission EPA ICR Enclosure 2 Detailed Expl of Stk Test Prob Combined 08032022 signed.pdf >>