[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Proposed Rules]
[Pages 11019-11022]
[FR Doc No: 2014-04258]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0060; Directorate Identifier 2012-NM-194-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directives (AD) 2006-21-
08, AD 2007-14-01, AD 2008-25-02, AD 2010-04-09, AD 2011-01-02, and AD
2012-16-05, for certain Airbus Model A330 and 340 series airplanes. AD
2006-21-08, AD 2007-14-01, AD 2008-25-02, AD 2010-04-09, AD 2011-01-02,
and AD 2012-16-05 currently require revising the maintenance program or
inspection program to incorporate certain maintenance requirements and
airworthiness limitations for fuel tank systems. Since we issued AD
2006-21-08, AD 2007-14-01, AD 2008-25-02, AD 2010-04-09, AD 2011-01-02,
and AD 2012-16-05, we have determined that more restrictive maintenance
requirements and airworthiness limitations are necessary. This proposed
AD would require a new maintenance or inspection program revision. We
are proposing this AD to prevent the potential of ignition sources
inside fuel tanks, which, in combination with flammable fuel vapors,
could result in fuel tank explosions and consequent loss of the
airplane.

DATES: We must receive comments on this proposed AD by April 14, 2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte,
31707 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 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
425-227-1221.

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-2014-
0060; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0060;
Directorate Identifier 2012-NM-194-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On October 10, 2006, we issued AD 2006-21-08, Amendment 39-14793
(71 FR 61639, October 19, 2006), for certain Airbus Model A330-200,
A340-200, and A340-300 airplanes. AD 2006-21-08 requires installation
of heat shields in the belly fairing of the center fuselage. AD 2006-
21-08 resulted from fuel system reviews conducted by the

manufacturer. We issued AD 2006-21-08 to prevent exposing any fuel
leaked from the center fuel tank to the hot temperature areas of the
air conditioning packs, which could result in a fire and consequent
fuel tank explosion.
    On June 25, 2007, we issued AD 2007-14-01, Amendment 39-15123 (72
FR 38006, July 12, 2007), for all Airbus Model A330 and A340 airplanes.
AD 2007-14-01 requires revising the Airworthiness Limitations Section
(ALS) of the Instructions for Continued Airworthiness (ICA) to
incorporate new limitations for fuel tank systems. AD 2007-14-01
resulted from fuel system reviews conducted by the manufacturer. We
issued AD 2007-14-01 to prevent the potential of ignition sources
inside fuel tanks, which, in combination with flammable fuel vapors
caused by latent failures, alterations, repairs, or maintenance
actions, could result in fuel tank explosions and consequent loss of
the airplane.
    On November 26, 2008, we issued AD 2008-25-02, Amendment 39-15760
(73 FR 75307, December 11, 2008), for all Airbus Model A330 airplanes,
and Model A340-200 and A340-300 airplanes. AD 2008-25-02 requires
inspecting P-clips in the wings, modifying the electrical bonding of
the equipment installed in fuel tanks, and applying applicable
corrective actions. AD 2008-25-02 resulted from fuel system reviews
conducted by the manufacturer. We issued AD 2008-25-02 to prevent the
potential of ignition sources inside fuel tanks, which, in combination
with flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.
    On February 5, 2010, we issued AD 2010-04-09, Amendment 39-16202
(75 FR 7940, February 23, 2010; corrected March 3, 2010 (75 FR 9515)),
for certain Airbus Model A330-200 series airplanes, and Model A340-200
and A340-300 series airplanes. AD 2010-04-09 requires the installation
of plugs on the heat shield panels of the left-hand (LH) and right-hand
(RH) air conditioning packs. AD 2010-04-09 resulted from the
development of a repair solution by the manufacturer. We issued AD
2010-04-09 to prevent fuel from the center tank leaking through holes
in the heat shield panels, which could cause vapor to develop into a
potential source of ignition, possibly resulting in a fuel tank
explosion and consequent loss of the airplane.
    On December 17, 2010, we issued AD 2011-01-02, Amendment 39-16555
(76 FR 432, January 5, 2011), for certain Airbus Model A330-201, -202,
-203, -223, and -243 airplanes; certain Airbus Model A330-300 series
airplanes; and all Airbus Model A340-200 and -300 series airplanes. AD
2011-01-02 requires installing flight warning computer (FWC) software
on both FWCs. AD 2011-01-02 resulted from fuel system reviews conducted
by the manufacturer. We issued AD 2011-01-02 to prevent failure of the
auxiliary power unit (APU) bleed leak detection system, which could
result in overheat of the fuel tank located in the horizontal
stabilizer and ignition of the fuel vapors in that tank and consequent
loss of the airplane.
    On July 31, 2012, we issued AD 2012-16-05, Amendment 39-17152 (77
FR 48425, August 14, 2012), for certain Airbus Model A330-200 and -200
freighter series airplanes; and Model A340-200, A340-300, A340-500, and
A340-600 series airplanes. AD 2012-16-05 requires modification of the
control circuit for the fuel pumps for the center fuel tanks for
certain airplanes, and center and rear fuel tanks for certain other
airplanes. AD 2012-16-05 resulted from fuel system reviews conducted by
the manufacturer. We issued AD 2012-16-05 to prevent the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.

Actions Since Previously Described ADs Were Issued

    Since we issued AD 2006-21-08, Amendment 39-14793 (71 FR 61639,
October 19, 2006); AD 2007-14-01, Amendment 39-15123 (72 FR 38006, July
12, 2007); AD 2008-25-02, Amendment 39-15760 (73 FR 75307, December 11,
2008); AD 2010-04-09, Amendment 39-16202 (75 FR 7940, February 23,
2010; corrected March 3, 2010 (75 FR 9515)); AD 2011-01-02, Amendment
39-16555 (76 FR 432, January 5, 2011); and AD 2012-16-05, Amendment 39-
17152 (77 FR 48425, August 14, 2012); we have determined that more
restrictive maintenance requirements and airworthiness limitations are
necessary.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2012-0168, dated August 31, 2012 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    Prompted by an accident [involving a fuel tank system explosion
in flight] * * * the FAA published Special Federal Aviation
Regulation (SFAR) 88 (66 FR 23086, May 7, 2001) and the Joint
Aviation Authorities (JAA) published Interim Policy INT/POL/25/12.
The design review conducted Airbus to develop Fuel Airworthiness
Limitations (FAL) for Airbus on A330 and A340 aeroplanes in response
to these regulations.
    The FAL * * * have been approved by the European Aviation Safety
Agency (EASA) * * * ALS Part 5.
    Failure to comply with items as identified in Airbus A330 and
A340 ALS Part 5 could result in a fuel tank explosion and consequent
loss of the aeroplane.
    To address this condition, EASA issued:
    EASA AD 2007-0023, dated January 25, 2007 (http://ad.easa.europa.eu/ad/2007-0023), which corresponds to FAA AD 2007-
14-01, Amendment 39-15123 (72 FR 38006, July 12, 2007) to require
compliance with FAL * * * (comprising maintenance/inspection tasks
and Critical Design Configuration Control Limitations (CDCCL)) for
A330 aeroplanes, and
    EASA AD 2006-0205, dated July 11, 2006 (http://ad.easa.europa.eu/ad/2006-0205), which also corresponds to FAA AD
2007-14-01, Amendment 39-15123 (72 FR 38006, July 12, 2007) to
require compliance with FAL * * * (comprising maintenance/inspection
tasks and Critical Design Configuration Control Limitations (CDCCL))
for Airbus A340 aeroplanes.
    All other EASA ADs * * * required accomplishment of aeroplane
modifications related to Fuel Tank Safety items, the requirements
and compliance times of which are now integrated into ALS Part 5.
    For the reasons described above this [EASA] AD * * * requires
the implementation of the new or more restrictive maintenance
requirements and/or airworthiness limitations as specified in the
revision 00 of Airbus A340 ALS Part 5.

The unsafe condition is the potential of ignition sources inside fuel
tanks. Such ignition sources, in combination with flammable fuel
vapors, could result in fuel tank explosions and consequent loss of the
airplane. You may examine the MCAI in the AD docket on the Internet at
http://www.regulations.gov by searching for and locating it in Docket
No. FAA-2014-0060.

Relevant Service Information

    Airbus has issued A330 ALS Part 5--Fuel Airworthiness Limitations,
dated November 16, 2011. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

Related Rulemaking

    We have issued AD 2013-26-03, Amendment 39-17712 (78 FR 79292,
December 30, 2013), for Airbus Model A340 airplanes to require revising
the maintenance or inspection program to incorporate certain
maintenance requirements and airworthiness limitations. AD 2013-26-03
terminates

the requirements of the following ADs for Model A340 airplanes only:
     AD 2006-21-08, Amendment 39-14793 (71 FR 61639, October
19, 2006);
     AD 2007-14-01, Amendment 39-15123 (72 FR 38006, July 12,
2007);
     AD 2008-25-02, Amendment 39-15760 (73 FR 75307, December
11, 2008);
     AD 2010-04-09, Amendment 39-16202 (75 FR 7940, February
23, 2010; corrected March 3, 2010 (75 FR 9515));
     AD 2011-01-02, Amendment 39-16555 (76 FR 432, January 5,
2011); and
     AD 2012-16-05, Amendment 39-17152 (77 FR 48425, August 14,
2012).
    Because AD 2013-26-03, Amendment 39-17712 (78 FR 79292, December
30, 2013), terminates the requirements of the preceding ADs and
requires new airworthiness limitations for Airbus Model A340 series
airplanes, we have not included Airbus Model A340 series airplanes in
the applicability of this proposed AD. This proposed AD applies only to
the Airbus Model A330 series airplanes specified in paragraph (c) of
this proposed AD.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.
    This proposed AD would retain none of the requirements of the ADs
listed below, because those requirements are now contained in Airbus
A330 ALS Part 5--Fuel Airworthiness Limitations, dated November 16,
2011:
     AD 2006-21-08, Amendment 39-14793 (71 FR 61639, October
19, 2006).
     AD 2007-14-01, Amendment 39-15123 (72 FR 38006, July 12,
2007).
     AD 2008-25-02, Amendment 39-15760 (73 FR 75307, December
11, 2008).
     AD 2010-04-09, Amendment 39-16202 (75 FR 7940, February
23, 2010; corrected March 3, 2010 (75 FR 9515)).
     AD 2011-01-02, Amendment 39-16555 (76 FR 432, January 5,
2011).
     AD 2012-16-05, Amendment 39-17152 (77 FR 48425, August 14,
2012).
    This proposed AD would require implementation of certain
maintenance requirements and airworthiness limitations. This proposed
AD would also require accomplishing the actions specified in the
service information described previously, except as discussed under
``Differences Between this Proposed AD and the MCAI or Service
Information.''
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions and CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by these actions, the operator may not be able to
accomplish the actions described in the revisions. In this situation,
to comply with 14 CFR 91.403(c), the operator must request approval for
an alternative method of compliance according to the procedures
specified in paragraph (j)(1) of this AD. The request should include a
description of changes to the required actions that will ensure the
continued operational safety of the airplane.

Differences Between This Proposed AD and the MCAI or Service
Information

    This NPRM proposes to incorporate Airbus A330 ALS Part 5--Fuel
Airworthiness Limitations, dated November 16, 2011, including ``the
specified compliance times'' for the actions. However, the compliance
times in this proposed AD for certain initial actions is different from
those specified in Airbus A330 ALS Part 5--Fuel Airworthiness
Limitations, dated November 16, 2011, because the actions were required
by the ADs identified in the paragraph titled ``Related Rulemaking'' in
this AD. Therefore, the initial compliance time is relative to the
effective date of the applicable superseded AD, as specified in
paragraph (h) of this NPRM.

Costs of Compliance

    We estimate that this proposed AD affects 80 airplanes of U.S.
registry.
    We estimate that it would take about 1 work-hour per product to
comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $0 per
product. Based on these figures, we estimate the cost of this proposed
AD on U.S. operators to be $6,800, or $85 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    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.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing AD 2006-21-08, Amendment 39-14793 (71 FR 61639, October 19,
2006); AD 2007-14-01, Amendment 39-15123 (72 FR 38006,

July 12, 2007); AD 2008-25-02, Amendment 39-15760 (73 FR 75307,
December 11, 2008); AD 2010-04-09, Amendment 39-16202 (75 FR 7940,
February 23, 2010; corrected March 3, 2010 (75 FR 9515)); AD 2011-01-
02, Amendment 39-16555 (76 FR 432, January 5, 2011); AD 2012-16-05,
Amendment 39-17152 (77 FR 48425, August 14, 2012); and
0
b. Adding the following new AD:

Airbus: Docket No. FAA-2014-0060; Directorate Identifier 2012-NM-
194-AD.

(a) Comments Due Date

    We must receive comments by April 14, 2014.

(b) Affected ADs

    This AD supersedes the ADs specified in paragraphs (b)(1)
through (b)(6) of this AD.
    (1) AD 2006-21-08, Amendment 39-14793 (71 FR 61639, October 19,
2006).
    (2) AD 2007-14-01, Amendment 39-15123 (72 FR 38006, July 12,
2007).
    (3) AD 2008-25-02, Amendment 39-15760 (73 FR 75307, December 11,
2008).
    (4) AD 2010-04-09, Amendment 39-16202 (75 FR 7940, February 23,
2010; corrected March 3, 2010 (75 FR 9515)).
    (5) AD 2011-01-02, Amendment 39-16555 (76 FR 432, January 5,
2011).
    (6) AD 2012-16-05, Amendment 39-17152 (77 FR 48425, August 14,
2012).

(c) Applicability

    This AD applies to Airbus Model A330-201, -202, -203, -223, -
243, -223F, -243F, -301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes, certificated in any category, all manufacturer
serial numbers.

(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 prevent the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.

(f) Compliance

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

(g) Maintenance Program Revision and Airworthiness Limitations
Compliance

    (1) Within 3 months after the effective date of this AD, revise
the maintenance or inspection program, as applicable, by
incorporating Airbus A330 Airworthiness Limitations Section (ALS)
Part 5--Fuel Airworthiness Limitations, dated November 16, 2011.
    (2) Comply with all applicable instructions and airworthiness
limitations included in Airbus A330 ALS Part 5--Fuel Airworthiness
Limitations, dated November 16, 2011. The initial compliance times
for the actions specified in Airbus A330 ALS Part 5--Fuel
Airworthiness Limitations, dated November 16, 2011, are at the later
of the times specified in paragraphs (g)(2)(i) and (g)(2)(ii) of
this AD, except as required by paragraphs (h) and (i) of this AD.
    (i) Within the applicable compliance times specified in Airbus
A330 ALS Part 5--Fuel Airworthiness Limitations, dated November 16,
2011.
    (ii) Within 3 months after accomplishing the actions required by
paragraph (g)(1) of this AD.

(h) Exceptions to Compliance Times for Design Changes

    (1) For type design changes specified in ``Sub-part 5-2 Changes
to Type Design,'' of Airbus A330 ALS Part 5--Fuel Airworthiness
Limitations, dated November 16, 2011, the compliance times are
defined as ``Embodiment Limits,'' except as defined in paragraph
(h)(2) of this AD.
    (2) Where Airbus A330 ALS Part 5--Fuel Airworthiness
Limitations, dated November 16, 2011, specifies a compliance time
based on a calendar date for modifying the control circuit for the
fuel pump of the center fuel tank (installing ground fault
interrupters to the center tank fuel pump control circuit), the
compliance date is September 18, 2016 (48 months after the effective
date of AD 2012-16-05, Amendment 39-17152 (77 FR 48425, August 14,
2012)).

(i) No Alternative Actions, Intervals, or Critical Design Configuration
Control Limitations (CDCCLs)

    After accomplishing the revision required by paragraph (g) of
this AD, no alternative actions (e.g., inspections), intervals, or
CDCCLs may be used; except as specified in paragraphs (h) and (i) of
this AD; or unless the actions, intervals, or CDCCLs are approved as
an alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (j)(1) of this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. 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 Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
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. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer, use these actions if they
are FAA-approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or the DAH with a State of Design Authority's
design organization approval, as applicable). You are required to
ensure the product is airworthy before it is returned to service.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2012-
0168, dated August 31, 2012; 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-
2014-0060.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 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 Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on February 14, 2014.
Jeffrey E. Duven,
Manager. Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-04258 Filed 2-26-14; 8:45 am]
BILLING CODE 4910-13-P


 From: "Timothy A. Blubaugh"<EMAIL_ADDRESS> To: Byron Bunker/AA/USEPA/US@EPA  Date: 11/09/2010 09:59 PM  Subject: Vehicle Nomenclature

Hey Byron,   During your presentation on Friday you said there were debates about what to call the Class 7 & 8 tractors in the GHG program.  You settled on semi-trucks/combination tractors, which sounds like the perfect bureaucratic compromise: it makes no sense.  There is not such thing as a "semi-truck."  A semitrailer is a trailer constructed so that some part of its weight rests upon the towing vehicle.  It may be compared to a full trailer that is constructed so that no part of its weight, except the towing device, rests on the towing vehicle.  Further, there is no such thing as a "combination tractor."  A tractor is a truck designed primarily for drawing another vehicle, and not so constructed as to carry a load other than a part of the weight of the vehicle and the load so drawn (primarily, tractors tow semitrailers).  A combination vehicle is, descriptively, any combination of other vehicles (e.g., truck + full trailer, tractor + semitrailer, etc.).   You can read more about these exciting definitions at 49 C.F.R. § 390.5 and § 571.3.     I think the category only includes "tractors."  As long as you are talking about on-highway tractors, and not agricultural nonroad tractors, I don't think there is much room for confusion.  (I might argue that the category actually should only include "long-haul tractors" or "over-the-road tractors," and not "vocational tractors," but that is another debate.)   Hoping this is helpful,   Tim   Timothy A. Blubaugh Truck Manufacturers Association 333 West Wacker Drive ▪ Suite 810  Chicago, IL ▪ 60606 312.929.1972 direct ▪<PHONE_NUMBER> mobile  312.929.1975 fax <EMAIL_ADDRESS>▪ www.truckmfgs.org

Please consider the environment before printing this email.   Confidentiality Notice:  This communication is confidential and may contain privileged information.  If you have received it in error, please notify the sender by reply e-mail and immediately delete it and any attachments without copying or further transmitting the same.


[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Rules and Regulations]
[Pages 26349-26352]
[FR Doc No: 2019-11760]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0811; FRL-9994-06-Region 6]

Air Plan Approval; Texas; Control of Air Pollution From Motor
Vehicles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving revisions to the
Texas State Implementation Plan (SIP) submitted by the Texas Commission
on Environmental Quality. The revisions remove rules from the Texas SIP
that address vehicle anti-tampering requirements and the Low Income
Repair Assistance Program for certain participating counties.

DATES: This rule is effective on September 4, 2019 without further
notice, unless the EPA receives relevant adverse comment by July 8,
2019. If the EPA receives such comment, the EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0811, at https://www.regulations.gov or via email to
<EMAIL_ADDRESS>Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact Carrie Paige, 214-665-
6521<EMAIL_ADDRESS>For the full EPA public comment policy,
information

about CBI or multimedia submissions, and general guidance on making
effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the EPA
Region 6 Office, 1201 Elm Street, Suite 500, Dallas, Texas. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, EPA Region 6 Office,
Infrastructure & Ozone Section, (mail code AR-SI), 1201 Elm Street,
Suite 500, Dallas, Texas 75270,<PHONE_NUMBER><EMAIL_ADDRESS>To
inspect the hard copy materials, please schedule an appointment with
Ms. Paige or Mr. Bill Deese at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    Section 110 of the CAA requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
EPA's National Ambient Air Quality Standards (NAAQS). These ambient
standards are established under CAA section 109 and they currently
address six criteria pollutants: Carbon monoxide (CO), nitrogen
dioxide, ozone, lead, particulate matter, and sulfur dioxide. Each
state is responsible for developing a SIP which provides for the
implementation, maintenance, and enforcement of the NAAQS. The SIP must
be submitted to EPA for approval and any changes a state makes to the
approved SIP also must be submitted to the EPA for approval.
    On November 20, 2018, the Texas Commission on Environmental Quality
(TCEQ or State) submitted to EPA revisions to the Texas SIP. The
submitted revisions address removal of two rules within Title 30 of the
Texas Administrative Code (denoted 30 TAC), Chapter 114 (Control of Air
Pollution from Motor Vehicles): (1) Subchapter B--Motor Vehicle Anti-
Tampering Requirements; and (2) Subchapter C, Division 3, Section
114.86--Low Income Repair Assistance Program (LIRAP) for Participating
Early Action Compact (EAC) Counties.
    The criteria used to evaluate these SIP revisions are found
primarily in CAA section 110. Section 110(l) of the Act requires that a
SIP revision submitted to EPA be adopted after reasonable notice and
public hearing and requires that EPA not approve a SIP revision if the
revision would interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement of the CAA.

II. EPA's Evaluation of the Revisions

A. Revisions to 30 TAC Section 114, Subchapter B

    In the revision submitted on November 20, 2018, the State removes
Subchapter B (Motor Vehicle Anti-Tampering Requirements) from the SIP
in its entirety. The section 114 requirements would remain in place in
the State regulation. The anti-tampering measures restrict removal or
modification of motor vehicle emission control equipment. The first
anti-tampering rules in the Texas SIP were adopted by the State and
submitted to EPA in 1985 (see 54 FR 6286, February 9, 1989). Subsequent
revisions to the State's anti-tampering rules were submitted to EPA in
1988, 1989, and 1993, and these revisions were disapproved on February
10, 1998 (63 FR 6651). The State submitted revisions to EPA in 1997
that recodified and renumbered the anti-tampering rules in Chapter 114
to new Subchapter B, which EPA approved into the Texas SIP on July 1,
1998 (63 FR 35839).\1\ Between 1994 and 2015, the State submitted four
other revisions to the anti-tampering rules that EPA did not act on and
those revisions have been withdrawn from our consideration at the
State's request.\2\
---------------------------------------------------------------------------

    \1\ Despite our approval action here, 30 TAC 114 Subchapter B
(Motor Vehicle Anti-Tampering Requirements) is not visible in Table
(c) ``EPA Approved Regulations in the Texas SIP'' at 40 CFR 52.2270.
We believe this was an accidental omission that wasn't noticed until
now.
    \2\ See our letter to the TCEQ, dated April 10, 2019, in the
docket for this rulemaking.
---------------------------------------------------------------------------

    The anti-tampering measures at 30 TAC 114, Subchapter B are not
required under the CAA and did not supersede or otherwise modify
requirements for pollution control devices on motor vehicles. The CAA
addresses tampering prohibition for emission control equipment for
motor vehicles and motor vehicle engines at section 203(a)(3) and
prohibits tampering with any device or element of design installed on
or in a motor vehicle or motor vehicle engine in compliance with motor
vehicle emission standards. 42 U.S.C. 7522(a)(3).\3\ In addition, the
anti-tampering rules in the Texas SIP were not relied upon as a source
of emissions reductions in any State Air Quality Plan and thus, did not
contribute toward rate of progress, attainment, or maintenance of the
NAAQS in Texas (see 54 FR 6286 and 63 FR 35839). Removal of Subchapter
B from the Texas SIP does not cause a loss in emissions reductions
because more stringent anti-tampering rules are in place and
enforceable at the federal level. 42 U.S.C. 7522(a)(3).
---------------------------------------------------------------------------

    \3\ The Interim Tampering Enforcement Policy (``Memo 1A''),
dated June 25, 1974, provides guidance on what constitutes a
violation of CAA section 203(a)(3). Memo 1A is provided in the
docket for this rulemaking and posted at https://www.epa.gov/enforcement/interim-tampering-enforcement-policy-memo-1a-june-25-1974.
---------------------------------------------------------------------------

B. Revisions to 30 TAC Chapter 114, Subchapter C, Section 114.86

    Vehicle Inspection and Maintenance (I/M) programs are required by
the CAA for certain ozone and CO nonattainment areas, depending upon
population and nonattainment classification or design value (see 40 CFR
51, subpart S). The I/M programs focus on reducing vehicle emissions,
including nitrogen oxides and volatile organic compounds (precursors to
ozone formation), through automobile inspections, which lead to repair
and maintenance of such vehicles. The LIRAP is a voluntary program
designed to enhance the Texas I/M program. Texas counties implementing
the Texas I/M program are eligible to opt-in to the LIRAP. The LIRAP
provides funds to assist eligible vehicle owners with emissions-related
repairs, retrofits, or the option to retire the vehicle.\4\ Vehicle
owners in participating counties whose automobiles have failed a recent
emissions test and who meet the low-income criteria may be eligible to
receive LIRAP funds. The LIRAP also provides funds for local projects
targeted at improving air quality in the counties implementing the
LIRAP. The Federal I/M rules do not require States to implement a LIRAP
type program. The LIRAP rules are found at 30 TAC 114 Subchapter C,
Division 2 and are not part of the Texas SIP. It was not necessary to
include this program in the Texas SIP because it is not required by the
I/M rules and the State did not rely on reductions from the program in
any of its air quality programs.
---------------------------------------------------------------------------

    \4\ The LIRAP is funded through an additional remittance paid at
the time of annual vehicle registration as part of the vehicle
emissions inspection fee by vehicle owners in counties participating
in the LIRAP.
---------------------------------------------------------------------------

    In 2004, Texas adopted rules in Chapter 114, Subchapter C, Division
3 for an I/M program that applies only in Early Action Compact (EAC)
areas. Section 114.86 provides local officials in EAC areas the
opportunity to opt into

an EAC I/M LIRAP.\5\ The EAC I/M program is distinct from the State's
SIP-approved I/M program in Chapter 114, Subchapter C, Division 1,
applicable to nonattainment areas (see 70 FR 45542, August 8, 2005).
Two Texas counties--Travis and Williamson--adopted the EAC I/M program
(70 FR 45542).
---------------------------------------------------------------------------

    \5\ The EAC program was developed to allow communities an
opportunity to reduce concentrations of ground level ozone sooner
than required by the CAA. The program was designed for areas that
approached or monitored exceedances of the 1997 8-hour ozone
standard and were in attainment for the 1979 1-hour ozone standard.
For more information on the EAC, please visit https://archive.epa.gov/airquality/eac/web/html/basic.html.
---------------------------------------------------------------------------

    There were no emission reduction credits requested or approved,
however, for implementation of EAC I/M LIRAP for Travis and Williamson
counties (see 70 FR 48640, August 19, 2005). In addition, the EAC I/M
LIRAP is not a CAA requirement and was not relied upon in the SIP to
demonstrate reasonable further progress, attainment, or maintenance.
The State is simply removing the EAC I/M LIRAP from the SIP to be
consistent with the LIRAP rules for nonattainment areas at 30 TAC 114
Subchapter C, Division 2, which, as discussed previously, are not in
the Texas SIP.
    The EAC I/M LIRAP rules in 30 TAC 114.86 were adopted as a
voluntary enhancement to the EAC I/M program. Participation in the
LIRAP, however, is at the discretion of each eligible county. Under the
rules currently approved in the SIP, Travis and/or Williamson Counties
may choose to participate in the EAC I/M LIRAP in any given year at the
counties' discretion. Due to this uncertainty, the EAC I/M LIRAP was
adopted into the SIP as a voluntary measure and with no quantified or
relied upon emissions reductions. As a result, removal of these
provisions from the SIP to be consistent with the I/M provisions in
nonattainment counties is reasonable and will not contribute to
nonattainment or interfere with maintenance.

III. Final Action

    Pursuant to the CAA, the EPA is approving revisions to the Texas
SIP submitted by the TCEQ on November 20, 2018. The revisions remove 30
TAC 114, Subchapter B (the Motor Vehicle Anti-tampering Requirements)
in its entirety; and the LIRAP for Participating EAC Counties at 30 TAC
114, Section 114.86 from the SIP. These rules both currently remain in
place at the State level.
    The EPA is publishing this rule without prior proposal because we
view this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on September 4, 2019
without further notice unless we receive relevant adverse comment by
July 8, 2019. If we receive relevant adverse comments, we will publish
a timely withdrawal in the Federal Register informing the public that
the rule will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive relevant
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
revisions to the Texas regulations as described in the Final Action
section above. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 6 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must

submit a rule report, which includes a copy of the rule, to each House
of the Congress and to the Comptroller General of the United States.
The EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. A major rule cannot take effect until
60 days after it is published in the Federal Register. This action is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 5, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
    David Gray was designated the Acting Regional Administrator on May
28, 2019 through the order of succession outlined in Regional Order R6-
1110.13, a copy of which is included in the docket for this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.

    Dated: May 28, 2019.
David Gray,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart SS--Texas

Sec.  52.2270  [Amended]

0
2. In Sec.  52.2270 the table in paragraph (c) entitled ``EPA Approved
Regulations in the Texas SIP'' is amended by removing the entry for
``Section 114.86'' under Chapter 114 (Reg 4)--Control of Air Pollution
from Motor Vehicles.

[FR Doc. 2019-11760 Filed 6-5-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Rules and Regulations]
[Pages 54227-54228]
[FR Doc No: 2023-16678]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1004; Airspace Docket No. 23-ASO-18]
RIN 2120-AA66

Amendment of Class E Airspace; Greenville, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E surface airspace and Class E
airspace extending upward from 700 feet above the surface for the
Greenville, NC area, as a new instrument approach procedure has been
designed for ECU Health Medical Center Heliport. This action also makes
an editorial change.

DATES: Effective 0901 UTC, October 5, 2023. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval helps and guidelines are available on the website.
It is available 24 hours a day, 365 days a year.
    FAA Order JO 7400.11G Airspace Designations and Reporting Points
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT:  John Goodson, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it amends Class E airspace in Greenville, NC, to support IFR
operations in the area.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA 2023-1004 in the Federal Register (88 FR 29557; May 8, 2023),
proposing to amend Class E airspace for Greenville, NC. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.

Incorporation by Reference

    Class E airspace designations are published in paragraphs 6002 and
6005 of FAA Order JO 7400.11, Airspace Designations and Reporting
Points, incorporated by reference in 14 CFR 71.1 annually. This
document amends the current version of that order, FAA Order JO
7400.11G, dated August 19, 2022, and effective September 15, 2022. FAA
Order JO 7400.11G is publicly available as listed in the ADDRESSES

section of this document. These amendments will be published in the
next FAA Order JO 7400.11 update.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by:
    We are amending the Class E surface airspace for Pitt-Greenville
Airport, Greenville, NC, by increasing the radius to 4.6 miles
(previously 4.4 miles) and replacing the outdated term Notice to Airmen
with the term Notice to Air Missions.
    Amending the Class E airspace extending upward from 700 feet above
the surface by increasing the radius of the Pitt-Greenville Airport to
7.1 miles (previously 6.4 miles) and establishing an extension of 1.1
miles on each side of the Pitt-Greenville Airport's 008[deg] bearing
extending from the airport's 7.1-mile radius to 13.4 miles northeast of
the airport. In addition, this action establishes Class E airspace
extending upward from 700 feet above the surface within a 6.2-mile
radius of ECU Health Medical Center.
    Controlled airspace is necessary for the area's safety and
management of instrument flight rules (IFR) operations.

Regulatory Notices and Analyses

    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
Executive 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 minimal. Since this is a routine matter that only
affects air traffic procedures and air navigation, it is certified that
this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a.
    This airspace action is not expected to cause any potentially
significant environmental impacts, and no extraordinary circumstances
warrant the preparation of an environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as Paragraph 6002.
Class E Surface Airspace.

Paragraph 6002 Class E Surface Airspace.

* * * * *

ASO NC E2 Greenville, NC [Amended]

Pitt-Greenville Airport, NC
    (Lat 35[deg]38'09'' N, long 77[deg]23'03'' W)

    That airspace extending upward from the surface within a 4.6-
mile radius of Pitt-Greenville Airport. This Class E airspace area
is effective during the specific dates and times established in
advance by a Notice to Air Missions. The effective date and time
will be continuously published in the Chart Supplement.
* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO NC E5 Greenville, NC [Amended]

Pitt-Greenville Airport, NC
    (Lat 35[deg]38'09'' N, long 77[deg]23'03'' W)
ECU Health Medical Center Heliport
    (Lat 35[deg]36'32'' N, long 77[deg]24'19'' W)

    That airspace extending upward from 700 feet above the surface
within a 7.1-mile radius of Pitt-Greenville Airport and 1.1 miles on
each side of the Pitt-Greenville Airport's 008[deg] bearing
extending from the airport's 7.1-mile radius to 13.4 miles northeast
of the airport, and that airspace extending upward from 700 feet
above the surface within a 6.2-mile radius of ECU Health Medical
Center Heliport.
* * * * *

    Issued in College Park, Georgia, on August 1, 2023.
Lisa E. Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-16678 Filed 8-9-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 54 (Tuesday, March 20, 2012)]
[Notices]
[Pages 16234-16235]
[FR Doc No: 2012-6693]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0883]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Requirements on
Content and Format of Labeling for Human Prescription Drug and
Biological Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by April
19, 2012.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0572.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Juanmanuel Vilela, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Requirements on Content and Format of Labeling for Human Prescription
Drug and Biological Products--(OMB Control Number 0910-0572)--
(Extension)

    FDA's final rule entitled ``Requirements on Content and Format of
Labeling for Human Prescription Drug and Biological Products'' (the
final rule), which published on January 24, 2006 (71 FR 3922), and was
effective on June 30, 2006, amended FDA's regulations governing the
format and content of labeling for human prescription drug and
biological products to require that the labeling of new and recently
approved products contain highlights of prescribing information, a
table of contents for prescribing information, reordering of certain
sections, minor content changes, and minimum graphical requirements.
These revisions were intended to make it easier for health care
practitioners to access, read, and use information in prescription drug
labeling; to enhance the safe and effective use of prescription drug
products; and to reduce the number of adverse reactions resulting from
medication errors due to misunderstood or incorrectly applied drug
information.

A. Summary of Prescription Drug Labeling Content and Format
Requirements That Contain Collections of Information

    Section 201.56 (21 CFR 201.56) requires that prescription drug
labeling contain certain information in the format specified in either
Sec.  201.57 (21 CFR 201.57) or Sec.  201.80 (21 CFR 201.80), depending
on when the drug was approved for marketing. Section 201.56(a) sets
forth general labeling requirements applicable to all prescription
drugs. Section 201.56(b) specifies the categories of new and more
recently approved prescription drugs subject to the revised content and
format requirements in Sec. Sec.  201.56(d) and 201.57. Section
201.56(c) sets forth the schedule for implementing these revised
content and format requirements. Section 201.56(e) specifies the
sections and subsections, required and optional, for the labeling of
older prescription drugs not subject to the revised format and content
requirements.
    Section 201.57(a) requires that prescription drug labeling for new
and more recently approved prescription drug products include
``Highlights of

Prescribing Information.'' Highlights provides a concise extract of the
most important information required under Sec.  201.57(c) (the Full
Prescribing Information (FPI)), as well as certain additional
information important to prescribers. Section 201.57(b) requires a
table of contents to prescribing information, entitled ``Full
Prescribing Information: Contents,'' consisting of a list of each
heading and subheading along with its identifying number to facilitate
health care practitioners' use of labeling information. Section
201.57(c) specifies the contents of the FPI. Section 201.57(d) mandates
the minimum specifications for the format of prescription drug labeling
and establishes minimum requirements for key graphic elements such as
bold type, bullet points, type size, and spacing.
    Older drugs not subject to the revised labeling content and format
requirements in Sec.  201.57 remain subject to labeling requirements at
Sec.  201.80 (in the final rule, former Sec.  201.57 was redesignated
as Sec.  201.80). Section 201.80(f)(2) requires that within 1 year, any
FDA-approved patient labeling be referenced in the ``Precautions''
section of the labeling of older products and either accompany or be
reprinted immediately following the labeling.

B. Estimates of Reporting Burden

    The PRA information collection analysis in the final rule (71 FR
3964-3967) (currently approved under OMB control number 0910-0572)
estimated the reporting burden for a multiyear period. We are
requesting that OMB extend approval for the information in this
collection, as described below that will continue to be submitted to
FDA during this multiyear period.
Annual Burden for Prescription Drug Labeling Design, Testing, and
Submitting to FDA for New Drug Applications (NDAs) and Biologics
License Applications (BLAs) (Sec. Sec.  201.56 and 201.57) (Table 1)
    New drug product applicants must: (1) Design and create
prescription drug labeling containing Highlights, Contents, and FPI,
(2) test the designed labeling (e.g., to ensure that the designed
labeling fits into carton-enclosed products), and (3) submit it to FDA
for approval. Based on the projected data estimated in the final rule,
FDA estimates that it takes applicants approximately 3,349 hours to
design, test, and submit prescription drug labeling to FDA as part of
an NDA or a BLA under the revised regulations. Approximately 84
applicants submit approximately 105 new applications (NDAs and BLAs) to
FDA per year, totaling 351,645 hours.
    In the Federal Register of December 19, 2011 (76 FR 78668), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. FDA received no comments.
    FDA estimates the burden of this collection of information as
follows:

                        Table 1--Estimated Reporting Burden for New Drug Applications \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
   Category  (21 CFR section)        Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
Annual Burden for Labeling                    84            1.25             105           3,349         351,645
 Requirements in Sec.  Sec.
 201.56 and 201.57..............
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............         351,645
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: March 15, 2012.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2012-6693 Filed 3-19-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80219-80220]
[FR Doc No: 2020-27212]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0136]

Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 10
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions are applicable on December 16, 2020. The
exemptions expire on December 16, 2022. Comments must be received on or
before January 11, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0136 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2018-0136. Follow the online
instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Dockets Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2018-0136), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov/docket?D=FMCSA-2018-0136. Click on the ``Comment Now!'' button and type
your comment into the text box on the following screen. Choose whether
you are submitting your comment as an individual or on behalf of a
third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2018-0136 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting Dockets Operations in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays. To be sure someone is there to help you,

please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting Dockets
Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).
    The 10 individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in Sec.  391.41(b)(11), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 10
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 10 drivers in this notice
remain in good standing with the Agency. In addition, for Commercial
Driver's License (CDL) holders, the Commercial Driver's License
Information System and the Motor Carrier Management Information System
are searched for crash and violation data. For non-CDL holders, the
Agency reviews the driving records from the State Driver's Licensing
Agency. These factors provide an adequate basis for predicting each
driver's ability to continue to safely operate a CMV in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each of these drivers for a period of 2 years is likely to achieve a
level of safety equal to that existing without the exemption.
    As of December 16, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following 10 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Joshua Cogan (MD)
Ronald Cottrell (OR)
Heath Focken (NE)
Ahmed Gabr (NC)
Daniel Hanson (PA)
Arnold Hatton (DE)
Donte Mason (TN)
Taryn Peterson (IA)
Greivin Salazar (CA)
Eric Woods (MD)

    The drivers were included in docket number FMCSA-2018-0136. Their
exemptions are applicable as of December 16, 2020, and will expire on
December 16, 2022.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in
Sec.  390.5; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and
(3) each driver prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing requirements. Each exemption will be valid for 2 years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1) The person fails to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136(e) and 31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 10 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the hearing
requirement in Sec.  391.41(b)(11). In accordance with 49 U.S.C.
31136(e) and 31315(b), each exemption will be valid for two years
unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-27212 Filed 12-10-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: January 8, 2009 (Volume 74, Number 5)]
[Notices]
[Page 847]
[DOCID:fr08ja09-65]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at Monroe Regional Airport, Monroe, LA

AGENCY: Federal Aviation Administration (FAA) DOT.

ACTION: Request for Public Comment.

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

SUMMARY: The FAA proposes to rule and invites public comment on the
release of land at Monroe Regional Airport under the provisions of
Title 49, U.S.C. Section 47153(c).

DATES: Comments must be received on or before February 9, 2009.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Mr. Lacey D. Spriggs, Manager,
Federal Aviation Administration, Southwest Region, Airports Division,
LA/NM Airports Development Office, ASW-640, Fort Worth, Texas 76193-
0640.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Mayor James F. Mayo at the following address:
Office of the Mayor, P.O. Box 123, Monroe, LA 71210.

FOR FURTHER INFORMATION CONTACT: Lacey D. Spriggs, Manager, Federal
Aviation Administration, LA/NM Airports Development Office, ASW-640,
2601 Meacham Blvd., Fort Worth, Texas 76193-0640.
    The request to release property may be reviewed in person at this
same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at the Monroe Regional Airport.
    On December 22, 2008, the FAA determined that the request to
release property at Monroe Regional Airport submitted by the City of
Monroe met the procedural requirements of the Federal Aviation
Regulations, Part 155. The FAA may approve the request, in whole or in
part, no later than February 2, 2009.
    The following is a brief overview of the request:
    The City of Monroe, Louisiana requests the release of 5.00 acres of
airport property. The release of property will allow for construction
of a new facility for office space and warehouse for Stephan
Manufacturing, LLC to proceed. The sale is estimated to provide
$106,563.00 whereas the proceeds will be used to continue the Bermuda
Release Program and used to upgrade and expand the security camera
system at the Passenger Terminal Building.
    Any person may inspect the request in person at the FAP office
listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon request, inspect the application,
notice and other documents germane to the application in person at the
Monroe Regional Airport, Monroe, Louisiana.

    Issued in Fort Worth, Texas on December 23, 2008.
Kelvin L. Solco,
Manager, Airports Division.
[FR Doc. E8-31463 Filed 1-7-09; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: September 27, 2007 (Volume 72, Number 187)]
[Notices]
[Page 54957-54959]
[DOCID:fr27se07-104]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56491; File No. SR-FINRA-2007-015]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to Changes in the Functionality of the
NASD/NYSE Trade Reporting Facility

September 21, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 19, 2007, the Financial Industry Regulatory Authority,
Inc. (``FINRA'') (f/k/a the National Association of Securities Dealers,
Inc. (``NASD'')) filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared substantially FINRA. FINRA has
submitted the proposed rule change under Section 19(b)(3)(A) of the Act
\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal
effective upon filing with the Commission.\5\ The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ FINRA has asked the Commission to waive the 30-day operative
delay provided in Rule 19b-4(f)(6)(iii). 17 CFR 240.19b-
4(f)(6)(iii).
---------------------------------------------------------------------------

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

    FINRA proposes to amend its rules to reflect a change in the
functionality of the NASD/NYSE Trade Reporting Facility (the ``NASD/
NYSE TRF'') \6\ to permit Participants to submit trades to the NASD/
NYSE TRF for submission to the National Securities Clearing Corporation
(``NSCC'') for clearance and settlement.
---------------------------------------------------------------------------

    \6\ Effective July 30, 2007, FINRA was formed through the
consolidation of NASD and the member regulatory functions of NYSE
Regulation, Inc. Accordingly, the NASD/NYSE TRF is now doing
business as the FINRA/NYSE TRF. The formal name change of each of
FINRA's Trade Reporting Facilities (``TRFs'') is pending and, once
completed, FINRA will file a separate proposed rule change to
reflect those changes in the Manual.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at http://www.finra.org
, at the principal offices of FINRA, and at the

Commission's Public Reference Room.

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

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

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

1. Purpose
    The NASD/NYSE TRF provides FINRA members with a mechanism for
reporting locked-in trades in NMS stocks, as defined in Rule 600(b)(47)
of Regulation NMS under the Act,\7\ effected otherwise than on an
exchange. NASD Rules 6130E(a) and 6140E currently provide that the
NASD/NYSE TRF will not submit trades to clearing and, where
appropriate, Participants must have a valid Qualified Service
Representative (``QSR'') agreement with the NSCC or similar arrangement
to

clear trades submitted to the NASD/NYSE TRF.\8\
---------------------------------------------------------------------------

    \7\ 17 CFR 242.600(b)(47).
    \8\ See also Securities Exchange Act Release No. 55325 (February
21, 2007), 72 FR 8820 (February 27, 2007) (notice of filing and
immediate effectiveness of SR-NASD-2007-011).
---------------------------------------------------------------------------

    FINRA proposes to amend Rules 6130E(a) and 6140E to reflect a
change in the functionality of the NASD/NYSE TRF to permit Participants
to submit trades to the NASD/NYSE TRF for submission to the NSCC for
clearance and settlement. Thus, locked-in trades (including locked-in
trades reported as other than regular way settlement) will be accepted
by the NASD/NYSE TRF, as they are today, and at the option of the
Participant, clearing information for such trades will be submitted to
the NSCC. In addition, FINRA proposes to amend Rules 4632E(e)(3)(B) and
6130E(f) to include references to ``clearing'' and ``clearing-only''
reports (in addition to non-clearing reports), where appropriate, and
Rule 6160E to refer to trades that have been treated as locked-in ``and
sent to DTCC.'' The amendments proposed herein are identical to the
rules relating to the NASD/NSX TRF,\9\ and are substantially similar to
the rules relating to the NASD/Nasdaq TRF.\10\
---------------------------------------------------------------------------

    \9\ See NASD Rules 4632C(d), 6130C(a), 6140C and 6160C. Rule
6130C(a) was recently amended by proposed rule change SR-FINRA-2007-
003, which was filed for immediate effectiveness, but is not yet
operative. See Securities Exchange Act Release No. 56321 (August 24,
2007), 72 FR 50425 (August 31, 2007).
    \10\ See Rules 4632(d), 6130(a), 6140 and 6160. The NASD/Nasdaq
TRF offers trade comparison functionality, while the NASD/NYSE TRF
and NASD/NSX TRF accept locked-in trades only. The pertinent rules
reflect this difference in functionality.
---------------------------------------------------------------------------

    The proposed rule change will provide members with another
mechanism for clearing trades that they report to FINRA and will ensure
consistency in the trade reporting rules relating to the TRFs, to the
extent practicable.
    FINRA has filed the proposed rule change for immediate
effectiveness and requested a waiver of the 30-day operative delay.
FINRA proposes that the proposed rule change will be operative on
September 19, 2007, by which date the NASD/NYSE TRF will have made the
necessary systems changes to implement this proposed rule change.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with
Section 15A(b)(6) of the Act,\11\ which requires, among other things,
that FINRA rules be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities, and, in general, to
protect investors and the public interest. FINRA believes that the
proposed rule change will assist members in complying with their
reporting obligations by providing another mechanism for members to
clear trades reported to FINRA.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    FINRA has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \12\ and subparagraph (f)(6) of Rule 19b-4
thereunder.\13\ Because FINRA has designated the foregoing proposed
rule change as one that: (1) Does not significantly affect the
protection of investors or the public interest; (2) does not impose any
significant burden on competition; and (3) does not become operative
for 30 days from the date of filing, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)
thereunder. As required under Rule 19b-4(f)(6)(iii), FINRA provided the
Commission with written notice of its intention to file the proposed
rule change at least five business days prior to filing the proposal
with the Commission or such shorter period as designated by the
Commission.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. FINRA has asked the Commission to
waive the 30-day operative delay because of the imminent closing of the
NASD/BSE TRF, which is expected to occur on or before September 21,
2007. According to FINRA, a FINRA member that currently participates
only in the NASD/BSE TRF seeks to report trades to the NASD/NYSE TRF
after the NASD/BSE TRF closes. FINRA states that the member currently
is performing systems testing with the NASD/NYSE TRF so that it can
fully comply with its reporting obligations following the closing of
the NASD/BSE TRF. The proposal would accommodate this (and any other)
FINRA member that, for systems or business reasons, chooses to use the
NASD/NYSE TRF as an alternative facility through which to report trades
to FINRA, but that may also need a facility through which to clear
those trades.
    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because, as noted above, the proposed rules are identical, or
substantially similar, to the rules governing the NASD/NSX TRF and the
NASD/Nasdaq TRF.\14\ In addition, the proposal will provide an
additional mechanism for members to submit trades to NSCC for clearance
and settlement in light of the imminent closing of the NASD/BSE
TRF.\15\ For these reasons, the Commission designates the proposal to
be operative on filing with the Commission.
---------------------------------------------------------------------------

    \14\ See notes 9 and 10, supra, and accompanying text.
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml
 ); or

     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2007-015 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2007-015. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
 ). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the FINRA. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-FINRA-2007-015 and should be
submitted on or before October 18, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-19091 Filed 9-26-07; 8:45 am]

BILLING CODE 8010-01-P


Incorporation by Reference

Docket ID No. EPA-HQ-OAR-2010-0133

July 14, 2010

The contents of the following docket is hereby incorporated by reference
into and is considered to be included in, contained in and have been
placed in Docket EPA-HQ-OAR-2010-0133 (Notice of Supplemental
Determination for Renewable Fuels Produced Under the Final RFS2 Program
from Canola Oil):

EPA–HQ–OAR–2005–0161: Regulation of Fuels and Fuel Additives:
Renewable Fuel Program

Specifically the following files in Docket EPA–HQ–OAR–2005–0161
are incorporated by reference in the context of the analysis of canola
oil biodiesel lifecycle GHG emissions:

2005 Petroleum Baseline Lifecycle GHG Results

1.) EPA-HQ-OAR-2005-0161-3151 (Memorandum describing spreadsheets that
calculate petroleum baseline lifecycle GHG emissions)

2.) EPA-HQ-OAR-2005-0161-3151.1 (Lifecycle calculations for the gasoline
baseline, diesel baseline, tailpipe values for ethanol and biodiesel,
and land-use change emissions due to oil sands production)

3.) EPA-HQ-OAR-2005-0161-3144 (Documentation for the petroleum-based
fuels lifecycle GHG Analysis-2005 Baseline Model)

FAPRI-CARD Model Results

1.) EPA-HQ-OAR-2005-0161-3166 (Raw FAPRI-CARD model results for our
control case scenario)

International Land Use Change Stochastic Analysis

1.) EPA-HQ-OAR-2005-0161-3152 (Memorandum describing documentation for
EPA's stochastic analysis of biofuel-induced land use change GHG
emissions impacts)

2.) EPA-HQ-OAR-2005-0161-3152.1 (Documentation for EPA's stochastic
analysis of biofuel-induced land use change GHG emissions impacts)

3.) EPA-HQ-OAR-2005-0161-3152.3 (MODIS V5 satellite data confusion
matrix calculations)

International Land Use Change Satellite Data and Emissions Factors

1.) EPA-HQ-OAR-2005-0161-3163 (Report describing updates to the land
cover change and emission factor estimates used in EPA's analysis)

2.) EPA-HQ-OAR-2005-0161-3163.1 (Land use change emissions factors used
in EPA's lifecycle analysis)

International Agriculture Input Data Assumptions

1.) EPA-HQ-OAR-2005-0161-3037 (Memorandum describing international
agriculture GHG emissions and GHG metrics, specifically amounts of
fertilizers used by crop by country)

Agro-Economic Model Technical Reports

EPA-HQ-OAR-2005-0161-3178 (Technical Report describing the FASOM model)

EPA-HQ-OAR-2005-0161-3177 (Technical Report describing the FAPRI-CARD
model)

Accessing dockets:

Publicly available docket materials are available either electronically
through   HYPERLINK "http://www.regulation.gov"  www.regulation.gov  or
in hard copy at EPA’s Docket Center, Public Reading Room, EPA West
Building, Room 3334, 1301 Constitution Avenue, NW, Washington, DC 20004.
 This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.  The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
Air Docket is<PHONE_NUMBER>.


[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Rules and Regulations]
[Pages 49278-49279]
[FR Doc No: 2018-20985]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0770]

Drawbridge Operation Regulation; Youngs Bay and Lewis and Clark
River, Astoria, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating

schedule that governs three bridges at Astoria, OR; they include the US
101 highway bridge (Youngs Bay Bridge) across Youngs Bay, mile 0.7, the
Oregon State highway bridge (Old Youngs Bay Bridge) across Youngs Bay,
mile 2.4, foot of Fifth Street, and the Oregon State highway bridge
(Lewis and Clark River Bridge) across the Lewis and Clark River, mile
1.0. The deviation allows the three subject bridges' owner to remove
the bridge operator during the late evening and early morning hours.
This deviation allows the bridge to open during weekends and nighttime
hours after receiving a 2 hour advance notice.

DATES: This deviation is effective without actual notice from October
1, 2018 to 7 a.m. on March 19, 2019. For the purposes of enforcement,
actual notice will be used from 7 a.m. on September 22, 2018, until
October 1, 2018.

ADDRESSES: The docket for this deviation, USCG-2018-0770 is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION: Oregon Department of Transportation (ODOT)
owns the Youngs Bay Bridge across Youngs Bay, mile 0.7, Old Youngs Bay
Bridge across Youngs Bay, mile 2.4, foot of Fifth Street, and the Lewis
and Clark River Bridge across the Lewis and Clark River, mile 1.0. ODOT
has requested this temporary deviation from the operating schedule
while a rule change is being reviewed for approval. The three subject
bridges are within one mile of each other, and currently open on signal
for the passage of vessels with one half-hour notice by marine radio,
telephone, or other suitable means. These three bridges are operated by
the Lewis and Clark River bridge operator in accordance with 33 CFR
117.899.
    This deviation will allow ODOT to operate without a bridge operator
attending the three subject bridges until an opening request has been
received. This deviation authorizes ODOT's bridge operator to open the
subject bridges within two hours after receiving a request for an
opening from 5 p.m. on Friday to 7 a.m. on Monday, including all
Federal holidays, starting at 7 a.m. on September 22, 2018, through 7
a.m. on March 19, 2019. The Youngs Bay Bridge provides a vertical
clearance approximately 37 feet above mean high water when in the
closed-to-navigation position. The Old Youngs Bay Bridge provides a
vertical clearance approximately 19 feet above mean high water when in
the closed-to-navigation position. The Lewis and Clark River Bridge
provides a vertical clearance of 17 feet above mean high water when in
the closed-to-navigation position. Vessels operating on Youngs Bay and
the Lewis and Clark River range from small recreational vessels,
sailboats, tribal fishing boats and small commercial fishing vessels.
    Vessels able to pass through the subject bridges in the closed-to-
navigation position may do so at any time. The bridges will not be able
to open for emergencies from 5 p.m. on Friday to 7 a.m. on Monday
unless a two hour notice is given, and there is no immediate alternate
route for vessels to pass. The Coast Guard will inform the users of the
waterway, through our Local and Broadcast Notices to Mariners, of the
change in operating schedule for the bridge so that vessel operators
can arrange their transits to minimize any impact caused by the
temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridges must return to
their regular operating schedule immediately at the end of the
effective period of this temporary deviation. This deviation from the
operating regulations is authorized under 33 CFR 117.35.

    Dated: September 21, 2018.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2018-20985 Filed 9-28-18; 8:45 am]
 BILLING CODE 9110-04-P