[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Rules and Regulations]
[Pages 20234-20236]
[FR Doc No: 2013-07211]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1014; Directorate Identifier 2010-SW-058-AD;
Amendment 39-17404; AD 2013-06-07]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for
Eurocopter France (Eurocopter) Model SA-365N1, AS-365N2, and AS 365 N3

helicopters. This AD requires revising the Limitations section of the
Rotorcraft Flight Manual (RFM) to prohibit flight in instrument
meteorological conditions (IMC) or night visual flight rules (VFR) for
each helicopter with a vertical gyro unit GV76-1 installed upon a non-
reinforced shelf in the rear cargo compartment. Also, this AD requires
modifying the GV76-1 vertical gyro unit shelf and testing for correct
function of the navigation systems. This AD was prompted by flight crew
reports of deviations between the displayed attitude on the attitude
display screen and the independent electromechanical standby attitude
indicator. The actions of this AD are intended to prevent an undetected
flight display error of a slow drift in the roll axis, disorientation
of the pilot, and subsequent loss of control of the helicopter.

DATES: This AD is effective May 9, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of May 9, 2013.

ADDRESSES: For service information identified in this AD, contact
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie,
Texas 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax (972) 641-
3775; or at http://www.eurocopter.com/techpub. You may review the
referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Mark F. Wiley, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On September 25, 2012, at 77 FR 58971, the Federal Register
published our notice of proposed rulemaking (NPRM), which proposed to
amend 14 CFR part 39 to include an AD that would apply to certain
Eurocopter Model SA-365N1, AS-365N2, and AS 365 N3 helicopters, with
the GV76-1 vertical gyro unit installed on the left-hand (LH) or right-
hand (RH) shelf in the rear cargo compartment, pre-MOD 365P081895. That
NPRM proposed to require revising the Limitations section of the RFM to
prohibit flight in IMC or night VFR until the GV76-1 vertical gyro unit
shelf is reinforced and tested. The proposed requirements were intended
to prevent an undetected flight display error of a slow drift in the
roll axis, disorientation of the pilot, and subsequent loss of control
of the helicopter.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, issued EASA AD No.
2010-0100R1, dated August 4, 2010, and corrected August 11, 2010, to
correct an unsafe condition for the specified Eurocopter model
helicopters. EASA advises that a slow drift in the roll axis on the
pilot's and co-pilot's attitude display screens occurred simultaneously
during flight on several helicopters equipped with the GV76-1 vertical
gyro unit installed in the rear cargo compartment. EASA advises ``these
drifts were caused by a fault in the vertical gyros unit installation
in the rear cargo.'' EASA states that in certain configurations, the
GV76-1 vertical gyro unit installation has a natural mode close to the
main rotor's harmonic frequency that generates rather significant
vibratory levels on the GV76-1 unit by amplifying the intrinsic
vibration of the aircraft. The faults are caused by these vibratory
levels. EASA also states that the critical mode is essentially due to
bending on the horizontal cross-members, which support the GV76-1
shelf.

Comments

    We gave the public the opportunity to participate in developing
this AD, but we did not receive any comments on the NPRM (77 FR 58971,
September 25, 2012).

FAA's Determination

    These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, its technical
representative, has notified us of the unsafe condition described in
the EASA AD. We are issuing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other helicopters of these same
type designs and that air safety and the public interest require
adopting the AD requirements as proposed.

Differences Between This AD and the EASA AD

    We do not use the calendar dates, which have already passed. This
AD prohibits flight in IMC or night VFR until MOD 365P081895 is
accomplished.

Related Service Information

    Eurocopter issued Alert Service Bulletin (ASB) No. 34.00.31,
Revision 1, dated July 28, 2010 (ASB 34.00.31), for FAA type-
certificated Model SA-365N1, AS-365N2, and AS 365 N3 helicopters and
for military non-FAA type-certificated Model AS-365F, Fi, and K
helicopters. ASB 34.00.31 specifies reinforcing the shelves of the
vertical gyros GV76-1 (in cargo compartment) on the RH or LH side. EASA
classified this ASB as mandatory and issued AD No. 2010-0100R1, dated
August 4, 2010, and corrected August 11, 2010, to ensure the continued
airworthiness of these helicopters.

Costs of Compliance

    We estimate that this AD will affect 19 helicopters of U.S.
Registry. We estimate that operators may incur the following costs in
order to comply with this AD. It will take about 16 work-hours to
install a shelf reinforcement kit per helicopter at an average labor
rate of $85 per work-hour. Required parts will cost about $2,560 per
helicopter. Based on these figures, we estimate the total cost of this
AD on U.S. operators to be $74,480 to reinforce the shelf of the entire
fleet.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures

the Administrator finds necessary for safety in air commerce. This
regulation is within the scope of that authority because it addresses
an unsafe condition that is likely to exist or develop on helicopters
identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction; 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.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2013-06-07 Eurocopter France Helicopters: Amendment 39-17404; Docket
No. FAA-2012-1014; Directorate Identifier 2010-SW-058-AD.

(a) Applicability

    This AD applies to Model SA-365N1, AS-365N2, and AS 365 N3
helicopters, with the GV76-1 vertical gyro unit installed on the
left-hand (LH) or right-hand (RH) shelf in the rear cargo
compartment, pre-MOD 365P081895, certificated in any category, all
serial numbers except 6698, 6701, 6723, 6737, and 6741.

(b) Unsafe Condition

    This AD defines the unsafe condition as an undetected flight
display error of a slow drift in the roll axis. This condition could
result in disorientation of the pilot and subsequent loss of control
of the helicopter.

(c) Effective Date.

    This AD becomes effective May 9, 2013.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) Before further flight, revise the Limitations section of the
Rotorcraft Flight Manual (RFM) by inserting a copy of this AD into
the RFM or by pen and ink changes to the RFM that prohibits flight
in instrument meteorological conditions (IMC) or night visual flight
rules (VFR) for each helicopter with a vertical gyro unit GV76-1
installed on the rear cargo compartment shelf without reinforcement
per Modification 365P081895.
    (2) Within 110 hours time-in-service, modify the GV76-1 vertical
gyro unit shelf as depicted in Figures 1 through 3 and by following
the Accomplishment Instructions, paragraphs 2.A. through 2.B.2.e.,
of Eurocopter Alert Service Bulletin No. 34.00.31, Revision 1, dated
July 28, 2010. After reinforcing the shelf, operationally test the
GV76-1 vertical gyro unit and functionally test the navigation
systems.
    (3) After modifying the GV76-1 vertical gyro unit shelf, remove
this AD from the Limitations section of the RFM or remove any
changes to the Limitations section of the RFM that prohibit flight
in IMC or VFR as a result of paragraph (e)(1) of this AD.
    (4) Modifying the GV76-1 vertical gyro unit shelf is terminating
action for the requirements of this AD.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Mark F. Wiley, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-
5110; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency AD No. 2010-0100R1, dated August 4, 2010, and corrected
August 11, 2010.

(h) Subject.

    Joint Aircraft Service Component (JASC) Code: 3421, Attitude
Gyro and Indicator System.

(i) Material Incorporated by Reference.

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Eurocopter Alert Service Bulletin No. 34.00.31, Revision 1,
dated July 28, 2010.
    (ii) Reserved.
    (3) For Eurocopter service information identified in this AD,
contact American Eurocopter Corporation, 2701 N. Forum Drive, Grand
Prairie, Texas 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>;
fax<PHONE_NUMBER>; or at http://www.eurocopter.com/techpub.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas 76137. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on March 21, 2013.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2013-07211 Filed 4-3-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Proposed Rules]
[Pages 32074-32078]
[FR Doc No: 2015-13504]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-1345; Airspace Docket No. 14-AWP-13]
RIN 2120-AA66

Proposed Establishment of Multiple Air Traffic Service (ATS)
Routes; Western United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish 13 high altitude Area
Navigation (RNAV) routes (Q-routes), and one low altitude RNAV route
(T-route) in the western United States. The routes would promote
operational efficiencies for users and provide connectivity to current
and proposed RNAV en route and terminal procedures.

DATES: Comments must be received on or before July 20, 2015.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2015-
1345 and Airspace Docket No. 14-AWP-13 at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jason Stahl, Airspace Policy and
Regulations Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
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 the
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 would modify the route structure in the western U.S. to preserve
the safe and efficient flow of air traffic within the NAS.

Background

    The development of new RNAV Standard Instrument Departure (SID) and
Standard Terminal Arrival (STAR) routes requires incorporation of these
proposed Q and T routes into the NAS Route Structure in order to
maximize the benefits of increased safety in high volume en route
sectors.
    The Los Angeles Air Route Traffic Control Center (ARTCC) currently
does not have routes that join the Performance Based Navigation (PBN)
arrival and departure procedures. The existing conventional jet route
structure does not serve the new SID/STAR designs. Routes made up of
ground based navigational aids are not capable of delivering aircraft
onto the RNAV based arrival and departure procedures in an efficient
manner. Developing these predictable and repeatable flight paths (Q and
T routes) through a complex area confined by restricted areas will
improve throughput and safety for Los Angeles ARTCC.
    This first phase of a two phase project will align a network of Q-
Routes with the new SID's and STAR's. The Q-Route structure is
projected to optimize descent/climb profiles to/from several airports
in southern California and create segregated arrival/departure paths to
reduce airspace complexity.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2015-1345 and Airspace Docket No. 14-AWP-13) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2015-1345 and Airspace Docket No. 14-AWP-13.''
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Western Service Center, Operations
Support Group, Federal Aviation Administration, 1601 Lind Ave SW.,
Renton, WA 98057.

    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.9Y, airspace
Designations and Reporting Points, dated August 6, 2014, and effective
September 15, 2014. FAA Order 7400.9Y is publicly available as listed
in the ADDRESSES section of this proposed rule. FAA Order 7400.9Y lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish U.S. RNAV routes Q-70, Q-73,
Q-74, Q-78, Q-86, Q-88, Q-90, Q-94, Q-96, Q-98, Q-114, Q-168, T-326,
and Q-842, which is an extension of a current Canadian RNAV route and
therefore retains the Canadian numbering. The proposed routes would
connect to new SID and STAR procedures as designed in the Southern
California (SoCal) Metroplex. The proposed routes are outlined below.
    Q-70: Q-70 is proposed from the HAILO, CA, waypoint (WP) to the
SAKES, UT, WP to support departures from Los Angeles basin airports to
the northeast.
    Q-73: Q-73 would be established from the MOMAR, CA, WP to the
CORDU, ID, WP to accommodate arrivals to San Diego airport.
    Q-74: Q-74 is proposed from the NATEE, NV, WP to the DEANN, UT, WP
and would support arrivals to John Wayne, Long Beach and Ontario
airports from the northeast.
    Q-78: Q-78 would be established from the MARUE, NV, WP to the
TOADD, AZ, WP to support arrivals to John Wayne, Long Beach and Ontario
airports from the east and northeast.
    Q-86: Q-86 is proposed from the TTRUE, AZ, WP to the PLNDL, AZ, WP
for arrivals to San Diego and Ontario airports from the east.
    Q-88: Q-88 would be established from the HAKMN, NV, WP to the
CHESZ, UT, WP to support Los Angeles airport arrivals from the
northeast.
    Q-90: Q-90 is proposed from the DNERO, CA, WP to the JASSE, AZ, WP
and would be the primary RNAV route to Los Angeles from Denver ARTCC.
    Q-94: Q-94 is proposed from the WELUM, NV, WP to the ROOLL, AZ, WP
to support Denver ARTCC arrivals to Burbank, Van Nuys, Camarillo, and
Oxnard airports.
    Q-96: Q-96 would be established from the PURSE, NV, WP to the
KIMMR, UT, WP to support arrivals to Burbank, Van Nuys, Camarillo, and
Oxnard airports from the Salt Lake ARTCC.
    Q-98: Q-98 is proposed from the HAKMN, NV, WP to the PEEWE, AZ, WP
to support Denver ARTCC arrivals to Los Angeles and San Diego airports.
    Q-114: Q-114 would extend from the NATEE, NV, WP to the BUGGG, UT,
WP to support Salt Lake ARTCC arrivals to Long Beach, Ontario, and
Orange County airports.
    Q-168: Q-168 would extend from the FNNDA, CA, WP to the JASSE, AZ,
WP and would be the primary arrival route for Los Angeles airport from
the Denver ARTCC.
    Q-842: Existing Canadian route Q-842 would extend south into U.S.
airspace. The proposed route would begin at the BEALE, NV, WP and
extend north to the existing TOVUM, AB, WP in Canada. This would
provide routing for departures from Los Angeles, Long Beach, Ontario,
and Orange County airports to airports in Calgary and Edmonton, Canada.
    T-326: Finally, this rule would establish low altitude RNAV route
T-326, from the Mission Bay, CA, VORTAC (MZB) to the Imperial, CA,
VORTAC (IPL) to transition from the San Diego area to the east,
remaining south of restricted airspace R-2510 and the Kane Military
Operations Area (MOA).
    High altitude United States RNAV routes are published in paragraph
2006, high altitude Canadian RNAV routes are published in paragraph
2007, and low altitude United States RNAV routes are published in
paragraph 6011 of FAA Order 7400.9Y dated August 6, 2014, and effective
September 15, 2014, which is incorporated by reference in 14 CFR 71.1.
The high altitude United States RNAV routes (Q-routes), low altitude
United States RNAV routes (T-routes), and high altitude Canadian RNAV
routes listed in this document would be subsequently published in the
Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of
    Transportation (DOT) Regulatory Policies and Procedures (44 FR
11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified that this proposed rule, when
promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y,
Airspace Designations and Reporting Points, dated August 6, 2014, and
effective September 15, 2014, is amended as follows:

Paragraph 2006. United States Area Navigation Routes

* * * * *

Q-70 HAILO, CA to SAKES, UT (New)

HAILO, CA                    WP                 (Lat. 35[deg]38'14.00'' N., long. 115[deg]58'16.00'' W.)
LAS, NV                      VOR                (Lat. 36[deg]04'46.93'' N., long. 115[deg]09'35.27'' W.)

IFEYE, NV                    WP                 (Lat. 36[deg]24'56.04'' N., long. 114[deg]47'49.32'' W.)
BLIPP, NV                    WP                 (Lat. 36[deg]42'41.31'' N., long. 114[deg]28'26.45'' W.)
EEVUN, UT                    WP                 (Lat. 37[deg]02'52.90'' N., long. 113[deg]42'42.56'' W.)
BLOBB, UT                    WP                 (Lat. 37[deg]17'45.63'' N., long. 113[deg]06'52.16'' W.)
BAWER, UT                    WP                 (Lat. 37[deg]38'06.68'' N., long. 112[deg]16'45.89'' W.)
SAKES, UT                    WP                 (Lat. 38[deg]50'00.51'' N., long. 110[deg]16'16.52'' W.)

                                                    * * * * *
Q-73 MOMAR, CA to CORDU, ID (New)

MOMAR, CA                    WP                 (Lat. 33[deg]30'54.13'' N., long. 115[deg]56'40.14'' W.)
CABIC, CA                    WP                 (Lat. 33[deg]46'17.01'' N., long. 115[deg]49'28.71'' W.)
CHADT, CA                    WP                 (Lat. 33[deg]55'18.49'' N., long. 115[deg]45'03.26'' W.)
LVELL, CA                    WP                 (Lat. 34[deg]12'37.38'' N., long. 115[deg]36'53.25'' W.)
HAKMN, NV                    WP                 (Lat. 35[deg]30'28.31'' N., long. 115[deg]04'47.04'' W.)
ZZYZX, NV                    WP                 (Lat. 35[deg]39'53.52'' N., long. 114[deg]51'54.99'' W.)
LAKRR, AZ                    WP                 (Lat. 36[deg]05'07.72'' N., long. 114[deg]17'09.16'' W.)
GUNTR, AZ                    WP                 (Lat. 36[deg]24'39.65'' N., long. 114[deg]02'11.55'' W.)
ZAINY, AZ                    WP                 (Lat. 36[deg]39'24.73'' N., long. 113[deg]54'03.50'' W.)
EEVUN, UT                    WP                 (Lat. 37[deg]02'52.90'' N., long. 113[deg]42'42.56'' W.)
WINEN, UT                    WP                 (Lat. 37[deg]56'00.00'' N., long. 113[deg]30'00.00'' W.)
CRITO, NV                    WP                 (Lat. 39[deg]18'00.00'' N., long. 114[deg]33'00.00'' W.)
BROPH, ID                    WP                 (Lat. 42[deg]43'15.71'' N., long. 114[deg]52'31.80'' W.)
DERSO, ID                    FIX                (Lat. 43[deg]21'42.63'' N., long. 115[deg]08'01.66'' W.)
SAWTT, ID                    WP                 (Lat. 44[deg]37'35.52'' N., long. 115[deg]43'55.55'' W.)
HELLS, ID                    WP                 (Lat. 45[deg]25'07.35'' N., long. 116[deg]07'15.53'' W.)
ZATIP, ID                    WP                 (Lat. 46[deg]13'17.48'' N., long. 116[deg]31'37.57'' W.)
CORDU, ID                    WP                 (Lat. 48[deg]10'46.10'' N., long. 116[deg]40'21.84'' W.)

Q-74 NATEE, NV to DEANN, UT (New)

NATEE, NV                    WP                 (Lat. 35[deg]37'14.00'' N., long. 115[deg]22'26.00'' W.)
BLD, NV                      VOR                (Lat. 35[deg]59'44.84'' N., long. 114[deg]51'48.88'' W.)
ZAINY, AZ                    WP                 (Lat. 36[deg]39'24.73'' N., long. 113[deg]54'03.50'' W.)
FIZZL, AZ                    WP                 (Lat. 36[deg]56'03.37'' N., long. 113[deg]16'23.91'' W.)
GARDD, UT                    WP                 (Lat. 37[deg]03'12.91'' N., long. 112[deg]37'54.38'' W.)
DEANN, UT                    WP                 (Lat. 37[deg]12'34.00'' N., long. 111[deg]42'47.00'' W.)

Q-78 MARUE, NV to TOADD, AZ (New)

MARUE, NV                    WP                 (Lat. 35[deg]15'23.00'' N., long. 114[deg]52'55.00'' W.)
DUGGN, AZ                    WP                 (Lat. 35[deg]44'06.83'' N., long. 113[deg]23'24.52'' W.)
TOADD, AZ                    WP                 (Lat. 36[deg]17'45.60'' N., long. 111[deg]30'37.21'' W.)

                                                    * * * * *
Q-86 TTRUE, AZ to PLNDL, AZ (New)

TTRUE, AZ                    WP                 (Lat. 34[deg]38'01.53'' N., long. 114[deg]23'05.05'' W.)
YORRK, AZ                    WP                 (Lat. 34[deg]52'03.23'' N., long. 113[deg]55'58.14'' W.)
SCHLS, AZ                    WP                 (Lat. 35[deg]14'18.55'' N., long. 113[deg]09'42.77'' W.)
CUTRO, AZ                    WP                 (Lat. 35[deg]36'16.98'' N., long. 112[deg]23'00.00'' W.)
VALEQ, AZ                    WP                 (Lat. 35[deg]44'01.73'' N., long. 112[deg]06'31.44'' W.)
PLNDL, AZ                    WP                 (Lat. 35[deg]50'17.43'' N., long. 111[deg]52'40.71'' W.)

Q-88 HAKMN, NV to CHESZ, UT (New)

HAKMN, NV                    WP                 (Lat. 35[deg]30'28.31'' N., long. 115[deg]04'47.04'' W.)
ZZYZX, NV                    WP                 (Lat. 35[deg]39'53.52'' N., long. 114[deg]51'54.99'' W.)
LAKRR, NV                    WP                 (Lat. 36[deg]05'07.72'' N., long. 114[deg]17'09.16'' W.)
NOOTN, AZ                    WP                 (Lat. 36[deg]37'32.63'' N., long. 113[deg]20'40.25'' W.)
GARDD, UT                    WP                 (Lat. 37[deg]03'12.91'' N., long. 112[deg]37'54.38'' W.)
VERKN, UT                    WP                 (Lat. 37[deg]23'00.05'' N., long. 112[deg]04'21.69'' W.)
PROMT, UT                    WP                 (Lat. 37[deg]30'06.70'' N., long. 111[deg]52'12.94'' W.)
CHESZ, UT                    WP                 (Lat. 38[deg]16'59.03'' N., long. 110[deg]02'11.31'' W.)

Q-90 DNERO, CA to JASSE, AZ (New)

DNERO, CA                    WP                 (Lat. 35[deg]02'07.14'' N., long. 114[deg]54'16.39'' W.)
ESGEE, NV                    WP                 (Lat. 35[deg]08'00.50'' N., long. 114[deg]37'21.64'' W.)
AREAF, AZ                    WP                 (Lat. 35[deg]36'31.77'' N., long. 113[deg]13'50.46'' W.)
JASSE, AZ                    WP                 (Lat. 36[deg]04'15.53'' N., long. 111[deg]48'45.81'' W.)

Q-94 WELUM, NV to ROOLL, AZ (New)

WELUM, NV                    WP                 (Lat. 35[deg]22'56.00'' N., long. 114[deg]55'59.00'' W.)
MNGGO, AZ                    WP                 (Lat. 35[deg]51'13.55'' N., long. 113[deg]28'23.59'' W.)
ROOLL, AZ                    WP                 (Lat. 36[deg]27'37.93'' N., long. 111[deg]28'54.98'' W.)

Q-96 PURSE, NV to KIMMR, UT (New)

PURSE, NV                    WP                 (Lat. 35[deg]34'54.00'' N., long. 115[deg]11'53.00'' W.)
DODDL, NV                    WP                 (Lat. 35[deg]49'28.80'' N., long. 114[deg]51'51.29'' W.)
BFUNE, AZ                    WP                 (Lat. 36[deg]06'10.73'' N., long. 114[deg]28'40.09'' W.)
GUNTR, AZ                    WP                 (Lat. 36[deg]24'39.65'' N., long. 114[deg]02'11.55'' W.)
PIIXR, AZ                    WP                 (Lat. 36[deg]36'29.27'' N., long. 113[deg]45'02.40'' W.)
FIZZL, AZ                    WP                 (Lat. 36[deg]56'03.37'' N., long. 113[deg]16'23.91'' W)

BAWER, UT                    WP                 (Lat. 37[deg]38'06.68'' N., long. 112[deg]16'45.89'' W.)
ROCCY, UT                    WP                 (Lat. 37[deg]49'41.63'' N., long. 111[deg]59'59.84'' W.)
SARAF, UT                    WP                 (Lat. 38[deg]36'03.84'' N., long. 110[deg]53'24.20'' W.)
KIMMR, UT                    WP                 (Lat. 39[deg]13'45.24'' N., long. 109[deg]57'30.10'' W.)

Q-98 HAKMN, NV to PEEWE, AZ (New)

HAKMN, NV                    WP                 (Lat. 35[deg]30'28.31'' N., long. 115[deg]04'47.04'' W.)
ZZYZX, NV                    WP                 (Lat. 35[deg]39'53.52'' N., long. 114[deg]51'54.99'' W.)
LAKRR, NV                    WP                 (Lat. 36[deg]05'07.72'' N., long. 114[deg]17'09.16'' W.)
DUZIT, AZ                    WP                 (Lat. 36[deg]24'51.20'' N., long. 113[deg]24'51.53'' W.)
EEEZY, AZ                    WP                 (Lat. 36[deg]44'33.18'' N., long. 112[deg]21'40.77'' W.)
PEEWE, AZ                    WP                 (Lat. 36[deg]58'08.69'' N., long. 111[deg]36'40.81'' W.)

                                                    * * * * *
Q-114 NATEE, NV to BUGGG, UT (New)

NATEE, NV                    WP                 (Lat. 35[deg]37'14.00'' N., long. 115[deg]22'26.00'' W.)
BLD, NV                      VOR                (Lat. 35[deg]59'44.84'' N., long. 114[deg]51'48.88'' W.)
ZAINY, AZ                    WP                 (Lat. 36[deg]39'24.73'' N., long. 113[deg]54'03.50'' W.)
AHOWW, UT                    WP                 (Lat. 37[deg]07'14.56'' N., long. 113[deg]11'34.04'' W.)
BAWER, UT                    WP                 (Lat. 37[deg]38'06.68'' N., long. 112[deg]16'45.89'' W.)
BUGGG, UT                    WP                 (Lat. 38[deg]39'18.31'' N., long. 109[deg]29'48.01'' W.)

                                                    * * * * *
Q-168 FNNDA, CA to JASSE, AZ (New)
FNNDA, CA                    WP                 (Lat. 34[deg]45'14.96'' N., long. 114[deg]45'18.49'' W.)
SHIVA, AZ                    WP                 (Lat. 34[deg]58'12.28'' N., long. 114[deg]17'24.65'' W.)
KRINA, AZ                    WP                 (Lat. 35[deg]28'02.52'' N., long. 113[deg]11'35.60'' W.)
JASSE, AZ                    WP                 (Lat. 36[deg]04'15.53'' N., long. 111[deg]48'45.81'' W.)

* * * * *

Paragraph 2007. Canadian Area Navigation Routes

Q-842 BEALE, NV to TOVUM, AB Canada (New)
BEALE, NV                    WP                 (Lat. 36[deg]10'56.60'' N., long. 114[deg]49'34.81'' W.)
BLIPP, NV                    WP                 (Lat. 36[deg]42'41.31'' N., long. 114[deg]28'26.45'' W.)
WINEN, UT                    WP                 (Lat. 37[deg]56'00.00'' N., long. 113[deg]30'00.00'' W.)
TABLL, UT                    WP                 (Lat. 38[deg]39'56.31'' N., long. 113[deg]10'35.15'' W.)
PICHO, UT                    WP                 (Lat. 39[deg]58'00.00'' N., long. 112[deg]35'00.00'' W.)
PATIO, UT                    WP                 (Lat. 41[deg]16'00.00'' N., long. 112[deg]32'00.00'' W.)
PROXI, UT                    WP                 (Lat. 41[deg]58'20.81'' N., long. 112[deg]31'33.79'' W.)
VAANE, ID                    WP                 (Lat. 45[deg]18'12.53'' N., long. 112[deg]44'58.36'' W.)
KEETA, MT                    WP                 (Lat. 47[deg]20'39.01'' N., long. 112[deg]52'51.46'' W.)
TOVUM, AB, Canada            WP                 (Lat. 49[deg]14'29.00'' N., long. 112[deg]48'53.00'' W.)

    Excluding the airspace within Canada.
* * * * *

Paragraph 6011. United States Area Navigation Routes

T-326 Mission Bay, CA to Imperial, CA (New)
Mission Bay, CA (MZB)        VORTAC             (Lat. 32[deg]46'55.93'' N., long. 117[deg]13'31.49'' W.)
HAILE, CA                    WP                 (Lat. 32[deg]46'45.70'' N., long. 117[deg]00'51.71'' W.)
BLLYJ, CA                    WP                 (Lat. 32[deg]49'38.06'' N., long. 116[deg]45'56.45'' W.)
STAXS, CA                    WP                 (Lat. 32[deg]52'16.70'' N., long. 116[deg]32'17.69'' W.)
GILYY, CA                    WP                 (Lat. 32[deg]52'12.12'' N., long. 116[deg]21'05.24'' W.)
KUMBA, CA                    WP                 (Lat. 32[deg]45'43.18'' N., long. 116[deg]03'13.37'' W.)
Imperial, CA (IPL)           VORTAC             (Lat. 32[deg]44'55.92'' N., long. 115[deg]30'30.90'' W.)

    Issued in Washington, DC, on May 26, 2015.
Gary A. Norek,
Manager, Airspace Policy & Regulations Group.
[FR Doc. 2015-13504 Filed 6-4-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 81 (Monday, April 28, 2014)]
[Notices]
[Pages 23389-23391]
[FR Doc No: 2014-09528]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71990; File No. SR-NASDAQ-2014-034]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change Relating to Proposed Changes
To Remove From the Exchange Rules Fee Provisions Regarding Re-
Transmission of ``Third-Party Data''

April 22, 2014.
    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 April 7, 2014, The NASDAQ Stock Market LLC (``Nasdaq'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by NASDAQ. 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.
---------------------------------------------------------------------------

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

    NASDAQ proposes changes to remove from the Exchange rules fee
provisions with respect to re-transmission of ``Third-Party Data'' that
NASDAQ receives from multiple sources and then re-transmits via
multiple channels.
    The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com/, at Nasdaq's principal office, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    NASDAQ receives Third-Party Data from multiple national securities
exchanges at its Co-Location facility located in Carteret, New Jersey.
It then re-transmits that data for a fee to clients located in the Co-
Location facility. The fee for such Third-Party Data varies by delivery
method (with lower prices for data received via fiber-optic
transmission and higher prices for wireless transmission) required
bandwidth (lower bandwidth data requirements have lower fees) and our
costs (redistribution fees charged by originating party, network costs,
etc.). NASDAQ has routinely filed proposed rule changes seeking
approval to receive such data and to assess fees for offering it to Co-
Location clients; and the Commission has routinely approved or accepted
such rule changes since 2008.
    NASDAQ believes that Third-Party Data is not a facility of the
Exchange within the meaning of the Act, and that previous proposed rule
changes with respect to such Third-Party Data were unnecessary under
the Act. Congress enacted the Exchange Act to impose federal regulation
on stock exchanges, and included in its definition of ``exchange''
``the market facilities maintained by such exchange.'' \3\ The Exchange
Act separately defines ``facility,'' providing that ``[t]he term
`facility' when used with respect to an exchange includes [1] its
premises, [2] tangible or intangible property whether on the premises
or not, [3] any right to the use of such premises or property or any
service thereof for the purpose of effecting or reporting a transaction
on an exchange (including among other things, any system of
communication to or from the exchange, by ticker or otherwise,
maintained by or with the consent of the exchange), and [4] any right
of the exchange to the use of any property or service.'' Id. The
Commission has not separately interpreted the definition of
``facility.'' \4\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78c(a)(1).
    \4\ Securities Exchange Act Release No. 26708, at 4 n. 28 (1989)
(recognizing that the definition of the term ``facility'' has not
changed since it was originally adopted and that no hearing
testimony referred to it because ``the Committee felt that the
definition was `self-explanatory' '') (citation omitted).
---------------------------------------------------------------------------

    Third Party Data does not satisfy any of the four prongs set forth
in the statutory definition of ``facility.'' First, it is not the
``premises'' of the Nasdaq Exchange. The term ``premises'' is generally
understood to refer to a building, its land, and appurtenances. Second,
the Third Party Data is not tangible or intangible property of the
Nasdaq Exchange. Indeed, the Exchange has no ownership interest in the
Third Party Data at all. Rather, NASDAQ merely redistributes the Third
Party Data as one of many vendors of the Third Party Data. Third, the
Third Party Data is not used on the Nasdaq Exchange's premises ``for
the purpose of effecting or reporting a transaction'' on a NASDAQ
exchange.\5\ Fourth, NASDAQ, in its capacity as an exchange, does not
hold any right to use the Third Party Data other than as a consumer of
that data for which it pays all applicable fees.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78c(a)(2).
---------------------------------------------------------------------------

    Market data created by and emanating from NASDAQ's execution
systems is currently considered a facility of the

Exchange. Likewise, the NASDAQ execution system and NASDAQ-provided
means of access to the execution system are facilities of the Exchange,
providing the Commission's basis for requiring proposed rule changes
regarding the NASDAQ Co-Location facility. Additionally, NASDAQ would
agree that Third-Party Data is currently considered a facility of the
national securities exchange that produces it (i.e., data produced by
the BATS Exchange is a facility of BATS and data produced by Direct
Edge is a facility of Direct Edge). Conversely, NASDAQ-produced data
would not become a facility of another exchange that chooses to
redistribute NASDAQ data (which is currently the case).
    There is no Commission precedent for considering a facility of one
exchange to be a facility of an unrelated exchange. For example, when
NASDAQ separated from NASD, the Commission was asked to determine
whether TRF LLC, which would operate NASD's Trade Reporting Facility,
was a facility of NASD or the Nasdaq Exchange, which together owned TRF
LLC.\6\ The Nasdaq Exchange was to be ``primarily responsible for the
management of the TRF LLC's business affairs,'' and all ``profits and
losses from the TRF LLC [were] allocated to NASDAQ.'' Id. at 15; see
also id. at 18 (``[T]he Nasdaq Exchange's parent company controls the
board of the TRF LLC, directs all business decisions, provides
technology, and will reap the economic benefits of the TRF LLC.'').
Nevertheless, the Commission concluded that the TRF LLC was a facility
of NASD, not the Nasdaq Exchange, because the ``Trade Reporting
Facility is not a service `for the purpose of effecting or reporting a
transaction' on the Nasdaq Exchange.'' Id. at 18. The TRF LLC was
instead ``a service for the purpose of reporting transactions to the
NASD.'' Id.
---------------------------------------------------------------------------

    \6\ Securities Exchange Act Release No. 54084 (June 30, 2006).
---------------------------------------------------------------------------

    Similarly, the Commission concluded that the ACES System, ``a
neutral communications service that allows NASDAQ members and non-
members to route orders to one another,'' is not a facility of the
NASDAQ Exchange.\7\ The Commission deemed it significant that the ACES
System does not route orders to NASDAQ and does not report executed
trades on the Exchange. Id. The Commission emphasized that, because the
ACES System is ``not linked to the Exchange's core systems, including
the NASDAQ Market Center,'' it ``is not possible for an order to be
routed to the NASDAQ Market Center via the ACES system.'' Id.
Accordingly, the Commission concluded that ACES does not have ``the
purpose of effecting or reporting a transaction on an exchange'' within
the meaning of the Exchange Act. Id. The Commission has also permitted
NASDAQ to remove from its rule book fees related to the Mutual Fund
Quotation Service and the NASDAQ Index Dissemination Service, both of
which disseminated market data not properly considered ``facilities''
of NASDAQ within the meaning of the Exchange Act.\8\
---------------------------------------------------------------------------

    \7\ Securities Exchange Act Release No. 56237 (August 9, 2007).
    \8\ See Securities Exchange Act Release No. 58392 (August 20,
2008) (removing MFQS from rule book); Securities Exchange Act
Release No. 58897 (November 3, 2008) (removing NIDS from rule book).
---------------------------------------------------------------------------

    Given the plain language of the Exchange Act and the above-
referenced precedents, there is no basis in the Act for determining
that a market data facility of one exchange is converted into a
facility of a different exchange that receives and redistributes it.
Rather, the act of one exchange making available the data from a
different, third-party exchange is better viewed as a market data
vendor function. This is true for multiple reasons. First, the
receiving exchange, in this case NASDAQ, is not an exclusive processor
of such data, unlike the data that NASDAQ produces. Second, Third-Party
Data does not provide access or order entry capability to NASDAQ's
execution system; nor does it carry information from or about
executions within the NASDAQ execution system. Third, NASDAQ receives
Third-Party Data via an arms-length agreement and it has no inherent
advantage over any other recipient of such data, unlike NASDAQ data.
Moreover, Third-Party Data is available via multiple sources both
inside and out of the NASDAQ Co-Location facility. It is a completely
voluntary product in that NASDAQ makes it available on a voluntary
basis, and NASDAQ's Co-Location clients purchase it from NASDAQ (or
another vendor) only if they voluntarily choose to do so. For all of
these reasons, NASDAQ believes that its Third-Party Data service is not
a facility of a national securities exchange within the meaning of the
Act and that it is not required under Section 19(b)(1) of the Act \9\
and Rule 19b-4 thereunder \10\ to file rules regarding the applicable
charges.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(1).
    \10\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes that the Third Party Data is not a facility of a
national securities exchange within the meaning of the Act and the
terms of this service are not rules that must be filed with the
Commission under Section 19(b)(1) of the Act \11\ and Rule 19b-4
thereunder.\12\ Therefore, removing the applicable provisions from the
NASDAQ rule book would be consistent with the provisions of Section
6(b) of the Act.\13\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(1).
    \12\ 17 CFR 240.19b-4.
    \13\ 15 U.S.C. 78f(b).
---------------------------------------------------------------------------

    NASDAQ's proposal to remove Third Party Data from the rule manual
is also consistent with the Exchange Act insofar as it will have no
impact on NASDAQ's or its members' compliance with Regulation NMS or
other applicable regulations and rules. First, NASDAQ has no obligation
under the Exchange Act, either as an exchange or a vendor, to offer
Third Party Data to NASDAQ members. Having chosen to offer such data
and to do so on non-discriminatory terms imposes no continuing
obligation to do so. Second, even assuming NASDAQ did have an
obligation to make Third Party Data Available, it will continue to do
so in the same manner if [sic] does now. Therefore, to the extent
NASDAQ members utilize Third Party Data provided by NASDAQ, that use
will be uninterrupted. Third, there are multiple vendors of Third Party
Data, many of whom are not subject to Commission oversight. Some of
these prominent competitors are TMX Atrium, NYSE/SFTI, Interactive
Data, BT Radianz as well as many others. Members attempting to comply
with Regulation NMS have many alternatives for obtaining Third Party
Data, including NASDAQ.

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

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. To the contrary,
NASDAQ believes that this proposed rule change removing from the NASDAQ
rule manual a service improperly included, promotes competition by
removing an impediment to NASDAQ's competition with unregulated market
data providers with which NASDAQ competes for these services. Removing
barriers to competition has the potential to promote innovation, reduce
prices, and increase efficiency.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days of such
date (i) as the Commission may designate if it finds such longer period
to be appropriate and publishes its reasons for so finding or (ii) as
to which the Exchange consents, the Commission shall:
    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

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 email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2014-034 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2014-034. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of Nasdaq. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2014-034 and should
be submitted on or before May 19, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-09528 Filed 4-25-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 11, 2007 (Volume 72, Number 196)]
[Proposed Rules]
[Page 57907-57908]
[DOCID:fr11oc07-27]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2007-0656; FRL-8479-8]

Approval and Promulgation of Air Quality Implementation Plans;
State of South Dakota; Revisions to the Administrative Rules of South
Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of South Dakota on August 8, 2006. The
August 8, 2006 submittal revises the Administrative Rules of South
Dakota, Air Pollution Control Program, by modifying the chapters
pertaining to definitions, ambient air quality, air quality episodes,
operating permits for minor sources, performance testing, control of
visible emissions, and continuous emission monitoring systems. The
intended effect of this action is to make these revisions federally
enforceable. We are also announcing that on July 19, 2007, we updated
the delegation of authority for the implementation and enforcement of
the New Source Performance Standards to the State of South Dakota.
These actions are being taken under sections 110 and 111 of the Clean
Air Act.
    In the ``Rules and Regulations'' section of this Federal Register,
EPA is approving the State's SIP revision as a direct final rule
without prior proposal because the Agency views this as a
noncontroversial SIP revision and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the preamble to the
direct final rule. If EPA receives no adverse comments, EPA will not
take further action on this proposed rule. If EPA receives adverse
comments, EPA will withdraw the direct final rule and it will not take
effect. EPA will address all public comments in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.

DATES: Written comments must be received on or before November 13,
2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2007-0656, by one of the following methods:
     http://www.regulations.gov. Follow the on-line

instructions for submitting comments.
     E-mail:
<EMAIL_ADDRESS>and<EMAIL_ADDRESS>

     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air and Radiation Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129.
     Hand Delivery: Director, Air and Radiation Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only
accepted Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal
holidays. Special arrangements should be made for deliveries of boxed
information. Please see the direct final rule which is located in the
Rules Section of this Federal

Register for detailed instruction on how to submit comments.

FOR FURTHER INFORMATION CONTACT: Laurel Dygowski, U.S. EPA Region 8,
1595 Wynkoop Street, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: See the information provided in the Direct
Final action of the same title which is located in the Rules and
Regulations section of this Federal Register.

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

    Dated: September 14, 2007.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
 [FR Doc. E7-19832 Filed 10-10-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Notices]
[Page 28025]
[FR Doc No: 2011-11741]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL11-35-000]

Edison Mission Holding Beach, LLC; Notice of Petition for
Declaratory Order

    Take notice that on April 27, 2011, pursuant to section 201(e) of
the Federal Power Act (FPA), Edison Mission Holding Beach, LLC (EMHB)
filed a petition for declaratory order requesting that the Federal
Energy Regulatory Commission (Commission) disclaim jurisdiction over it
and determine that it will not be a public utility as the term public
utility is defined in FPA section 201(e), by virtue of EMHB's passive
ownership of the boilers, steam turbines, and related equipment of two
generating units (Units), that it will acquire from, and then lease
back to their current owner, AES Huntington Beach, LLC.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on May 27, 2011.

    Dated: May 6, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-11741 Filed 5-12-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Notices]
[Pages 28597-28598]
[FR Doc No: 2021-11183]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2013-0322; FRL-10024-53-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Beryllium Rocket Motor Fuel
Firing (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NESHAP for Beryllium Rocket
Motor Fuel Firing (EPA ICR Number 1125.09, OMB Control Number 2060-
0394), to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. This is a
proposed extension of the ICR, which is currently approved through July
31, 2021. Public comments were previously requested, via the Federal
Register, on May 12, 2020 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may neither conduct nor sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before June 28, 2021.

ADDRESSES: Submit your comments to EPA, referencing Docket ID Number
EPA-HQ-OECA-2013-0322, online using www.regulations.gov (our preferred
method), or by mail to: EPA Docket Center, Environmental Protection
Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC
20460. EPA's policy is that all comments received will be included in
the public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov, or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Beryllium Rocket Motor Fuel Firing were
promulgated on April 6, 1973 (38 FR 8826), and amended on both October
17, 2000 (65 FR 62151) and February 27, 2014 (79 FR 11275). These
regulations apply to existing and new buildings, structures,
facilities, or installations where the static test firing of a
beryllium rocket motor and/or the disposal of beryllium propellant is
conducted. New facilities include those that commenced construction or
reconstruction after the date of

promulgation. This information is being collected to assure compliance
with 40 CFR part 61, subpart D.
    Form Numbers: None.
    Respondents/affected entities: Beryllium rocket motor fuel firing
test sites.
    Respondent's obligation to respond: Mandatory (40 CFR part 61,
subpart D).
    Estimated number of respondents: 1 (total).
    Frequency of response: Annually.
    Total estimated burden: 9 hours (per year). Burden is defined at 5
CFR 1320.3(b).
    Total estimated cost: $1,110 (per year), which includes $0 for
annualized capital/startup and/or operation & maintenance costs.
    Changes in the Estimates: There is no change in burden from the
most-recently approved ICR as currently identified in the OMB Inventory
of Approved Burdens. This is due to two considerations: (1) The
regulations have not changed over the past three years and are not
anticipated to change over the next three years; and (2) the growth
rate for this industry is very low or non-existent, so there is no
significant change in the overall burden. Since there are no changes in
the regulatory requirements and there is no significant industry
growth, there are also no changes in the capital/startup and/or
operation and maintenance (O&M) costs.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2021-11183 Filed 5-26-21; 8:45 am]
BILLING CODE 6560-50-P


% Food exposure
% Once daily oral exposure, dose from cpfs SS F13_49 foodonly exp distribution.csv 50th percentile
% Female adult, Body weight set to 72.9 kg
% Cecilia Tan
% August 26, 2015

prepare @clear @all
% Setting model parameters
start @NoCallback
use human_parameters_MRP
use preg_female_parameters

BWSW=1;		% Set to 1 if BWT is provided
BWST=72.9;	% Initial BW in kg
PREG=0;		% not pregnant
TSTOP= 1008; 	% Exposure duration in hrs

%Single daily oral exposure
DT = xlsRead("Food.xls", "50p", "A1:A43"); % Dosing Times
DORAL=xlsRead("Food.xls", "50p", "B1:B43"); % Dose in ug/kg
prepare time rbcce cv urinetcpy
start@nocallback

mytable = [_time _rbcce _urinetcpy _cv*350.6];	%unit of conc = ug/L
save mytable @file='food_50.txt' @format=ascii


[Federal Register Volume 87, Number 85 (Tuesday, May 3, 2022)]
[Rules and Regulations]
[Pages 26136-26139]
[FR Doc No: 2022-09430]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R09-RCRA-2021-0628; FRL-FRL-9760-02-R9]

Hawaii: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action on the authorization of Hawaii's changes to its hazardous
waste program under the Resource Conservation and Recovery Act (RCRA).
These changes correspond to certain Federal rules promulgated between
July 1, 2016, and June 30, 2020, (also known as RCRA Clusters XXV to
XXVIII) and for authorization of state-initiated changes that are
equivalent to or more stringent than the Federal program. We have
determined that these changes satisfy all requirements needed for final
authorization.

DATES: This authorization is effective on July 5, 2022 without further
notice, unless the EPA receives adverse comment by June 2, 2022. If the
EPA receives adverse comment, we will publish a timely withdrawal in
the Federal Register informing the public that the authorization will
not take effect.

ADDRESSES: All documents in the docket are listed in the
www.regulations.gov index. Publicly available docket materials are
available either electronically in www.regulations.gov or in hard copy.
You may also view Hawaii's application by contacting the Hawaii
Department of Health Solid and Hazardous Waste Branch at (808) 586-
4226, Monday through Friday, 8:30 a.m. to 4:30 p.m.
    Instructions: Submit your comments to EPA, identified by Docket ID
No. EPA-R09-RCRA-2021-0628, at https://www.regulations.gov. Follow the
online instructions for submitting comments. Once submitted, comments
cannot be edited or removed from Regulations.gov. 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. 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). The https://www.regulations.gov website is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to EPA without going through https://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.

FOR FURTHER INFORMATION CONTACT: Dani Allen-Williams,
[email protected],<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

A. Why is the EPA using a direct final authorization?

    The EPA is publishing this authorization without a prior proposal
because we view this as a noncontroversial action and anticipate no
adverse comment. This action is a routine program change. However, in
the ``Proposed Rules'' section of this issue of the Federal Register,
we are publishing a separate document that will serve as the proposed
rulemaking allowing the public an opportunity to comment. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this authorization, see the ADDRESSES
section of this document.
    If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final authorization will not take effect. We will address all
public comments in a subsequent final authorization and base any
further decision on the authorization of the state program changes
after considering all comments received during the comment period.

B. Why are revisions to State programs necessary?

    States that have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
states must change their programs and ask the EPA to authorize the
changes. Changes to state programs may be necessary when Federal or
state statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, states must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) take effect in authorized states
at the same time they take effect in unauthorized states. Thus, the EPA
will implement those requirements and prohibitions in Hawaii, including
the issuance of new permits implementing those requirements, until the
State is granted authorization to do so.

C. What decisions has the EPA made in this authorization?

    Hawaii submitted a complete program revision application dated
October 15th, 2021, seeking authorization of changes to its hazardous
waste program corresponding to certain Federal rules promulgated
between July 1, 2016, and June 30, 2020, plus state-initiated changes
discussed in Section G below. The EPA concludes that Hawaii's
application to revise its authorized program meets all of the statutory
and regulatory requirements established under RCRA, as set forth in
RCRA section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271.
Therefore, the EPA proposes to grant Hawaii final authorization to
operate its hazardous waste program with the changes described in the
authorization application, and as outlined below in section F of this
document.
    Hawaii has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian country) and
for carrying out the aspects of the RCRA program described in its
program revision application, subject to the limitations of HSWA, as
discussed above.

D. What is the effect of this authorization decision?

    The effect of this decision is that the changes described in
Hawaii's authorization application will become part of the authorized
State hazardous waste program and will therefore be federally
enforceable. Hawaii will continue to have primary enforcement authority
and responsibility for its State hazardous waste program. The EPA will
maintain its authorities under RCRA sections 3007, 3008, 3013, and
7003, including its authority to: Conduct inspections, and require
monitoring, tests, analyses, and reports; enforce RCRA requirements,
including authorized State program requirements, and suspend or revoke
permits; and take enforcement actions regardless of whether the State
has taken its own actions.
    This action does not impose additional requirements on the
regulated community because the regulations for which the EPA is
authorizing Hawaii are already effective under State law and are not
changed by this action.

E. What has Hawaii previously been authorized for?

    Hawaii initially received final authorization on November 13th,
2001, (66 FR 55115) to implement its base hazardous waste management
program. Hawaii received authorization for revisions to its program on
August 28, 2018 (83 FR 43772).

F. What changes is the EPA authorizing with this action?

    Hawaii submitted a final complete program revision application to
EPA dated October 15th, 2021, seeking authorization of changes to its
hazardous waste program that correspond to certain Federal rules
promulgated between July 1, 2016, and June 30, 2020, (also known as
RCRA Clusters XXV to XXVIII) and for authorization of state-initiated
changes that are equivalent to or more stringent than the Federal
program. EPA proposes to determine, subject to receipt of written
comments that oppose this action, that Hawaii's hazardous waste program
revisions are equivalent to, consistent with, and no less stringent
than the Federal program, and therefore satisfy all the requirements
necessary to qualify for authorization. Hawaii incorporates by
reference the Federal RCRA regulations in effect as of July 1, 2020, in
Hawaii Administrative Rules (HAR) Chapters 11-260.1 to 11-279.1
(effective June 07, 2021). The applicable Federal rules and analogous
State rules are identified in the table below.

------------------------------------------------------------------------
   Federal hazardous waste
         requirements                  Analogous State authority
------------------------------------------------------------------------
40 CFR parts 260-266, 268,     Hawaii Administrative Rules (HAR)
 270, 273, 279, effective       chapters 11-260.1-266.1, 11-268.1, 11-
 July 1, 2020.                  270.1, 11-273.1, 11-279.1, effective
                                June 07, 2021.
40 CFR Part 124 subparts A     HAR chapter 11-271.1, effective June 07,
 and B effective July 1, 2020.  2021.
------------------------------------------------------------------------

G. Where are the revised State rules different than the Federal rules?

    Under RCRA section 3009, the EPA may not authorize state rules that
are less stringent than the Federal program. Any state rules that are
less stringent do not supplant the Federal regulations. State rules
that are broader in scope than the Federal program requirements are
allowed but do not become part of the enforceable Federal program.
State rules that are equivalent to or more stringent than the Federal
program may be authorized, in which case they are enforceable by the
EPA.
    This section does not discuss the program differences previously
published in Hawaii's previous program authorization in 2018, at 83 FR
43772 (Aug. 28, 2018). Areas identified in the 2018 program
authorization as more stringent or broader in scope than the Federal
program have been carried forward into the new regulations as
amendments or additions to the incorporation by reference of the
Federal regulations. This section discusses new State requirements that
are equivalent to or more stringent than the Federal program and thus
authorized.

1. Solar Panel Universal Waste

    The state has added ``solar panels'' to chapter HAR 11-273.1, as a
category of universal waste and defined waste management and labeling/
marking requirements for this type of universal waste. Many different
types of solar panels may be toxicity characteristic hazardous waste
due to the presence and concentration of one or more metals or
metalloids (e.g., arsenic, cadmium, chromium, copper, lead, selenium,
silver). The state also determined that solar panels (as defined in
chapters HAR 11-260.1 and 11-273.1) as a category meet the criteria of
40 CFR 273.81. EPA allows authorized states to create regulations for
state-only universal wastes provided that these criteria are met for
the waste or waste category, including the key requirements that
universal waste management is sufficiently protective of human health
and the environment and that regulation as universal waste increases
the likelihood of similar unregulated wastes (such as Very Small
Quantity Generators (VSQG) or household wastes) being diverted from
non-hazardous to hazardous waste management systems. The state
regulations defining solar panels and associated management standards
were crafted based on comparable universal waste regulations proposed
and/or codified by other authorized state hazardous waste programs.

2. Removal of Electronic Nicotine Delivery Systems (ENDS) From the
Definition of Pharmaceutical

    EPA's ``Management Standards for Hazardous Waste Pharmaceuticals
and Amendment to the P075 Listing for Nicotine'' rule (84 FR 5816 (Feb.
22, 2019)) establishes streamlined standards for handling hazardous
waste pharmaceuticals to better fit the operations of the healthcare
sector while maintaining protection of human health and the
environment. In the Federal rule, the definition ``pharmaceutical''
includes ``any electronic nicotine delivery system (e.g., electronic
cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged
for retail sale for use in electronic nicotine delivery systems (e.g.,
pre-filled cartridges or vials).'' This inclusion of electronic
nicotine delivery systems (ENDS), including e-liquids, in the
definition ``pharmaceutical'' also means that retailers of ENDS are
included in the Federal definition ``healthcare facility.'' The State
has adopted definitions that separate ENDS from pharmaceuticals and
ENDS retailers from healthcare facilities. The management standards for
handling these wastes remain the same as those in the Federal rules,
making the State rule functionally equivalent.

3. Emergency Telephone Numbers

    The State allows the use of emergency telephone numbers (which may
be a work cell phone) in lieu of home addresses and phone numbers for
emergency coordinators in contingency plans for Treatment, Storage, and
Disposal Facilities in 40 CFR 264.52(d), as incorporated and amended in
chapter HAR 11-264.1. This is consistent with the change made to
contingency plans for generators as part of EPA's Generator
Improvements Rule.

4. Regulatory Clarifications

a. Applicability of Solvent-Contaminated Wipes Exclusions
    A reference to the definition of solvent-contaminated wipes (in 40
CFR 260.10, as incorporated and amended in chapter HAR 11-260.1,) is
added to 40 CFR 261.4(a)(26) and (b)(18), as incorporated and amended
in chapter HAR 11-261.1, to clarify the scope of these conditional
exclusions.
b. Generator Improvement Rule Cross-References
    Remaining cross-references to 40 CFR 261.5 and 262.34, sections
that were removed by the Generator Improvements Rule, have been
corrected throughout the State rules.
c. Pharmaceuticals Waste Codes for Manifests
    The State rules allow healthcare facilities to use either the four-
character code ``PHRM'' or the word/code ``PHARMS'' in block 13 of the
uniform hazardous waste manifest (40 CFR 266.508, as incorporated and
amended in chapter HAR 11-266.1). The Federal rules currently require
``PHARMS,'' but data system limitations have led EPA to issue guidance
allowing the use of either code.
d. References to 40 CFR Parts 271 and 272
    40 CFR part 271 contains the requirements for state program
authorization and some state programs are codified in 40 CFR part 272.
The State regulations do not incorporate or contain equivalents to 40
CFR parts 271 and 272, so the State has removed cross-references to
these parts from chapters HAR 11-260.1 to 11-273.1.
e. Applicable Rules for Non-Hazardous Contents Drained From Aerosol
Cans
    The State has changed ``or'' to ``and'' in ``applicable Federal,
State, and local solid waste regulations'' in 40 CFR 273.13(e)(4)(vi)
and 273.33(e)(4)(vi), as incorporated and amended in chapter HAR 11-
273.1. This clarifies the Federal intent that all applicable solid
waste regulations apply to the non-hazardous contents drained from
universal waste aerosol cans.

H. Who handles permits after the authorization takes effect?

    Hawaii will continue to issue permits for all the provisions for
which it is authorized and will administer the permits it issues.
Section 3006(g)(1) of RCRA, 42 U.S.C. 6926(g)(1), gives EPA the
authority to issue or deny permits or parts of permits for requirements
for which the State is not authorized. Therefore, whenever EPA adopts
standards under HSWA for activities or wastes not currently covered by
the authorized program, EPA may process RCRA permits in Hawaii for the
new or revised HSWA standards until Hawaii has received final
authorization for such new or revised HSWA standards.

1. What is codification and is the EPA codifying Hawaii's hazardous
waste program as authorized in this authorization?

    Codification is the process of placing citations and references to
the state's statutes and regulations that comprise the state's
authorized hazardous waste

program into the Code of Federal Regulations. The EPA does this by
adding those citations and references to the authorized state rules in
40 CFR part 272. The EPA is not codifying the authorization of Hawaii's
revisions at this time. However, the EPA reserves the ability to amend
40 CFR part 272, subpart L, for the authorization of Hawaii's program
changes at a later date.

J. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action authorizes
state requirements for the purpose of RCRA section 3006 and imposes no
additional requirements beyond those imposed by state law. Therefore,
this action is not subject to review by OMB. I certify that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this action authorizes pre-existing requirements under
state law and does not impose any additional enforceable duty beyond
that required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538). For the same
reason, this action also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects 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, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes state requirements as part of a state RCRA
hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997) because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This
action is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), because it is not a significant
regulatory action under Executive Order 12866.
    Under RCRA section 3006(b), the EPA grants a State's application
for authorization as long as the state meets the criteria required by
RCRA. It would thus be inconsistent with applicable law for the EPA,
when it reviews a state authorization application, to require the use
of any particular voluntary consensus standard in place of another
standard that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272) do not apply. As required by
section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in
issuing this authorization, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of this action in accordance with
the ``Attorney General's Supplemental Guidelines for the Evaluation of
Risk and Avoidance of Unanticipated Takings'' issued under the
executive order. This action does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b).
Executive Order 12898 (59 FR 7629, February 16, 1994), as amended by
Executive Order 14008 (86 FR 7619, February 1, 2021), establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this action authorizes pre-
existing state rules that are at least equivalent to, and no less
stringent than existing Federal requirements, and imposes no additional
requirements beyond those imposed by state law, and there are no
anticipated significant adverse human health or environmental effects,
this authorization is not subject to Executive Order 12898.
    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 document
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 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).

    Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Intergovernmental relations, Penalties, Reporting and
recordkeeping requirements.

    Dated: April 25, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-09430 Filed 5-2-22; 8:45 am]
BILLING CODE 6560-50-P