[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33563-33565]
[FR Doc No: 2016-12388]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77880; File No. SR-NYSE-2016-17]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Approving Proposed Rule Change, as Modified by Amendment No. 1 Thereto,
To Add Additional Order Types to the NYSE Bonds\SM\ Platform, Codify
Functionality of Order Types Currently Available on NYSE Bonds, and
Provide Greater Detail as to How an Indicative Match Price Is
Established With Respect to Bond Auctions

May 20, 2016.

I. Introduction

    On March 16, 2016, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend Rule 86 to add additional order types to
the NYSE Bonds\SM\ platform, to codify functionality of order types
currently available on NYSE Bonds, and to amend the definition of
Indicative Match Price (``IMP'') in current Rule 86(b)(2)(G) to provide
greater detail as to how an IMP is established with respect to Bond
Auctions. On March 29, 2016, the Exchange filed Amendment No. 1 to the
proposal.\3\ The proposed rule change was published for comment in the
Federal Register on April 5, 2016.\4\ No comment letters were received
in response to the Notice. This order approves the proposed rule
change, as modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange proposed changes to amend
the proposed rule text of Rule 86(j)(A)(ii) in Exhibit 5 and the
purpose section of each of the Form 19b-4 and Exhibit 1 to clarify
the effective time used to determine the priority of Timed Orders.
The Exchange also amended the purpose section of each of the Form
19b-4 and Exhibit 1 to add that all-or-none and minimum quantity
contingencies are displayed.
    \4\ See Securities Exchange Act Release No. 77477 (March 30,
2016), 81 FR 19671 (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange proposes to amend Rule 86 to add NYSE Bonds Fill-or-
Kill Order, NYSE Bonds All-or-None Order and NYSE Bonds Minimum
Quantity Order as new order types to the NYSE Bonds platform,\5\ and to
codify the operation of NYSE Bonds Good `Til Date Order and NYSE Bonds
Timed Order that, according to the Exchange, are currently available on
the NYSE Bonds platform.\6\ The Exchange also proposes to amend the
definition of IMP to provide greater detail as to how an IMP is
established with respect to Bond Auctions.
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    \5\ NYSE Bonds is the Exchange's electronic system for
receiving, processing, executing and reporting bids, offers, and
executions in bonds. See Notice, supra note 4, at 19672. NYSE Bonds
currently allows Users to submit limit orders and reserve orders.
Current Rule 86(b)(2)(M) defines a User as any Member or Member
Organization, Sponsored Participant, or Authorized Trader that is
authorized to access NYSE Bonds. A NYSE Bonds Limit Order and a NYSE
Bonds Reserve Order are defined in current Rules 86(b)(2)(B) and
(C), respectively. The Exchange is also proposing non-substantive
organizational changes to renumber sections of Rule 86.
    \6\ See Notice, supra note 4, at 19672.
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    The Exchange proposes to adopt the NYSE Bonds Fill-or-Kill Order
(``NYSE Bonds FOK Order''), a NYSE Bonds Limit Order that would be
executed immediately in its entirety at the best price available
against a single contra party and, if not executed immediately in its
entirety, would be cancelled.\7\ A NYSE Bonds FOK Order would be
eligible to participate in all trading sessions,\8\ but could be
executed only during the trading session in which the order is sent;
otherwise the order would be rejected. A NYSE Bonds FOK Order cannot
participate in either the Opening Bond Auction or the Core Bond
Auction.\9\
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    \7\ A NYSE Bonds FOK Order cannot be a NYSE Bonds Reserve Order.
See proposed Rule 86(b)(2)(B)(ii).
    \8\ The Opening Bond Trading Session commences with the Opening
Bond Auction at 4:00 a.m. ET and concludes at 8:00 a.m. ET. See Rule
86(i)(1)(A). The Core Bond Trading Session commences with the Core
Bond Auction at 8:00 a.m. ET and concludes at 5:00 p.m. ET. See Rule
86(i)(2)(A). The Late Bond Trading Session commences at 5:00 p.m. ET
and concludes at 8:00 p.m. ET. See Rule 86(i)(3)(A).
    \9\ The Notice provides additional details and examples related
to the NYSE Bonds FOK Order. See Notice, supra note 4, at 19672. See
also proposed Rule 86(b)(2)(B)(vii).
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    The Exchange proposes to adopt the NYSE Bonds All-or-None Order
(``NYSE Bonds AON Order''), a NYSE Bonds Limit Order (whose AON
contingency would be displayed on the order book) that would be
executed in its entirety against one or more contra party, or not at
all.\10\ If a NYSE Bonds AON Order is not executed in full, NYSE Bonds
would post the order to the order book at its limit price until it is
executed in full, or is cancelled. Incoming contra-side orders that
cannot meet the AON quantity may trade at or bypass the price of the
NYSE Bonds AON Order. A NYSE Bonds AON Order would not participate in
either the Opening Bond Auction or the Core Bond Auction and the order
is eligible for execution only during the trading session for which it
is designated. A NYSE Bonds AON Order must be designated as ``day,''
``good `til cancelled,'' or ``good `til date.'' \11\
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    \10\ A NYSE Bonds AON Order cannot be a NYSE Bonds Reserve
Order. See proposed Rule 86(b)(2)(B)(ii).
    \11\ The Notice provides additional details and examples related
to the NYSE Bonds AON Order. See Notice, supra note 4, at 19672-73.
See also proposed Rule 86(b)(2)(B)(viii).
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    The Exchange also proposes to adopt the NYSE Bonds Minimum Quantity
Order, a NYSE Bonds Limit Order (whose minimum quantity contingency
would be displayed on the order book) that would trade against one or
more contra side orders, provided the order's quantity requirement is
met.\12\ In the event there is not enough contra-side liquidity
available at the time a NYSE Bonds Minimum Quantity Order is submitted,
NYSE Bonds would post the order on the order book at its limit price
until it is executed in full, or is cancelled. Incoming contra-side
orders that cannot meet the minimum quantity may trade at or bypass the
price of a NYSE Bonds Minimum Quantity Order. A NYSE Bonds Minimum
Quantity Order would be rejected if the minimum quantity entered on the
order is greater than the total number of bonds of the order. A NYSE
Bonds Minimum Quantity Order may be partially executed as long as each
partial execution is for the minimum number of bonds or greater. If a
balance remains after one or more partial executions and such balance
is for less than the minimum quantity specified on the order, such
balance would be treated as a regular limit order and placed on the
order book in price-time priority. A NYSE Bonds Minimum Quantity Order
would not participate in either the Opening Bond Auction or the Core
Bond Auction and the order would be eligible for execution only in the
trading session during which it was sent. A

NYSE Bonds Minimum Quantity Order must be designated as ``day,'' ``good
'til cancelled,'' or ``good 'til date.'' \13\
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    \12\ A NYSE Bonds Minimum Quantity Order cannot be a NYSE Bonds
Reserve Order. See proposed Rule 86(b)(2)(B)(ii).
    \13\ The Notice provides additional details and examples related
to the NYSE Bonds Minimum Quantity Order. See Notice, supra note 4,
at 19673-74. See also proposed Rule 86(b)(2)(B)(ix).
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    The Exchange proposes to codify the operation of the NYSE Bonds
Good 'Til Date Order (``NYSE Bonds GTD Order''), a NYSE Bonds Limit
Order or a NYSE Bonds Reserve Order, which if not executed or
cancelled, would expire at the end of the Core Bond Trading Session on
the date specified on the order. A NYSE Bonds GTD Order must include an
Expire Date or be designated for the Core Bond Trading Session;
otherwise, the order would be rejected. A NYSE Bonds GTD Order can
participate in the Core Bond Auction and the Core Bond Trading Session
only. A NYSE Bonds GTD Order would participate in the Core Bond Auction
if it is entered before commencement of the Core Bond Auction, and if
not executed in the Core Bond Auction, would remain live on NYSE Bonds
and would be eligible for execution in the Core Bond Trading Session,
unless the order is cancelled. A NYSE Bonds GTD Order entered after
commencement of the Core Bond Auction would participate in the Core
Bond Trading Session, unless the order is cancelled. A NYSE Bonds GTD
Order can participate only in the Core Bond Trading Session, and such
order designated for any other trading session would be rejected. A
NYSE Bonds GTD Order that is not executed or cancelled in full at the
end of the trading day would be placed on the order book for the
following day in price-time priority for participation in the Core Bond
Trading Session after the end of the Core Bond Auction.\14\
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    \14\ The Notice provides additional details and examples related
to the NYSE Bonds GTD Order. See Notice, supra note 4, at 19674-75.
See also proposed Rule 86(b)(2)(B)(v).
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    The Exchange proposes to codify the operation of the NYSE Bonds
Timed Order, a NYSE Bonds Limit Order or a NYSE Bonds Reserve Order
that remains in effect for a period of time specified on the order
(i.e., Effective Time and Expire Time) for the day on which the order
is entered until the order is executed or cancelled. A NYSE Bonds Timed
Order would be accepted, and may be cancelled, during all trading
sessions, provided that the order is submitted during the trading
session in which it is to become effective. A NYSE Bonds Timed Order
would participate in the Core Bond Auction and Core Bond Trading
Session if the order is entered before commencement of the Core Bond
Auction, and if the order is not executed in the Core Bond Auction, or
not cancelled, it would be eligible for execution in the Core Bond
Trading Session. A NYSE Bonds Timed Order must include an Effective
Time, an Expire Time, or a designated trading session; otherwise, the
order would be rejected.
    A NYSE Bonds Timed Order submitted with an Effective Time alone
becomes effective at the Effective Time and if not executed, the order
would be cancelled at the end of the Late Bond Trading Session. A NYSE
Bonds Timed Order submitted with an Expire Time alone becomes effective
at the time it is sent to the Exchange and if not executed, the order
would be cancelled at the Expire Time designated on the order. A NYSE
Bonds Timed Order submitted with a designated trading session alone or
with a designated trading session and either an Effective Time or an
Expire Time would become effective at the time the designated trading
session begins and if not executed, the order would be cancelled at the
end of the designated trading session.\15\ NYSE Bonds would disregard
the Effective Time or Expire Time submitted with a NYSE Bonds Timed
Order that is designated for a specific trading session. Additionally,
a NYSE Bonds Timed Order submitted with a time in force of Day during a
trading session without an Effective Time, an Expire Time, or a
designated trading session would be treated as a Day limit order and,
if not executed, would be cancelled at the end of the Core Bond Trading
Session.\16\
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    \15\ A NYSE Bonds Timed Order submitted during a designated
trading session becomes effective at the time the order is received
and, if not executed, would be cancelled at the end of such
designated trading session. See Notice, supra note 4, at 19675 n.18.
    \16\ The Notice provides additional details and examples related
to the NYSE Bonds Timed Order. See Notice, supra note 4, at 19675-
76. See also proposed Rule 86(b)(2)(B)(vi).
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    Finally, the Exchange proposes to amend the definition of IMP in
current Rule 86(b)(2)(G) to provide greater detail as to how an IMP is
established with respect to Bond Auctions. Specifically, the Exchange
proposes to define the IMP in a particular bond as a single price at
which the maximum number of bonds is executable. If there are two or
more prices at which the maximum number of bonds is executable, the IMP
would be the price that is closest to the Reference Price provided that
the IMP cannot be lower (higher) than any unmatched top of book order
to buy (sell) that was eligible to participate in an auction at the
IMP. For the Opening Bond Auction, the Reference Price is the closing
price in a bond on the previous trading day or if the bond did not
trade on the previous trading day, the closing price on the last day
that the bond traded.\17\ For the Core Bond Auction and the Bond Halt
Auction, the Reference Price is the last price of a bond on the trading
day prior to the applicable auction, and if none, the previous trading
day's closing price, and if none, the closing price on the last day
that the bond traded. If orders to buy and orders to sell are not
marketable (i.e., the price of a bond order to buy is not equal to or
greater than the price of a bond order to sell), then the IMP would be
determined by the side and volume at the top of book, with the price of
the side with the greater volume establishing the IMP. Current Rules
86(l)(3)(A) and 86(n)(2)(E) provide that a Bond Auction or a Bond Halt
Auction, respectively, would not occur in the event of a failure to
establish an IMP. The Exchange proposes to amend these rules to provide
that, for non-marketable buy and sell orders entered in NYSE Bonds
where the size of the best bid and best offer are the same, an IMP
would not be established and a Bond Auction or Bond Halt Auction would
not occur.\18\
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    \17\ The Exchange proposes to delete the words ``the price that
is closest to'' from the current rule to more precisely reflect the
price that would be used to determine the Reference Price on the
last day that a bond traded. See proposed Rule 86(b)(2)(D)(i)(a).
    \18\ The Notice provides additional details and examples related
to the calculation of the IMP. See Notice, supra note 4, at 19676-
77. See also proposed Rule 86(b)(2)(D).
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    In addition to adding order types to the NYSE Bonds platform and
codifying functionality of order types currently available on NYSE
Bonds, the Exchange also proposes to amend other parts of Rule 86 that
are impacted by this proposed rule change. Rule 86(h) currently states
that orders can only be designated for Bond Trading Sessions and cannot
be designated for participation in Bond Auctions. The rule further
states that participation in Bond Auctions is automatic if an order is
designated for participation in a particular Bond trading Session and
is entered prior to the commencement of the related Bond Auction. Given
that not all of the new order types are eligible to participate in Bond
Auctions, the Exchange proposes to amend the current rule to clarify
that participation in Bond Auctions is not automatic if an order is
designated for participation in a particular Bond Trading Session.\19\
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    \19\ See Notice, supra note 4, at 19677.
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    Additionally, Rule 86(j) currently states that buy and sell orders
in NYSE Bonds are displayed, matched and

executed according to price, with the highest bid price and the lowest
offer price receiving highest priority and, within each price,
according to the time of order entry. For Timed Orders, priority within
each price is determined based on the effective time of the order, as
provided in proposed Rule 86(b)(2)(B)(vi)(3)(a)-(c). Timed Orders
submitted with an Effective Time become effective at the time
designated on the order (i.e., at the Effective Time), whereas Timed
Orders submitted with an Expire Time become effective at the time such
order is submitted. Additionally, Timed Orders submitted with a
designated trading session alone or with a designated trading session
and either an Effective Time or an Expire Time become effective at the
time the designated trading session begins, whereas Timed Orders
submitted during a designated trading session become effective at the
time such order is received. The Exchange proposes to reflect these
differences with an amendment to Rule 86(j)(A)(ii).\20\
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    \20\ See id.
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    Finally, the Exchange proposes to make non-substantive
organizational changes to the rule text in order to make the rule
easier to read and understand. Specifically, the Exchange is proposing
to renumber each of paragraphs (C), (D), and (E) to (B)(ii), (B)(iii),
and (B)(iv) and to renumber each of paragraphs (F) through (O) to (C)
through (K).

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\21\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\22\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest; and are not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \21\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \22\ 15 U.S.C. 78f(b)(5).
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    The Commission notes that the Exchange believes that the proposed
rule change would protect investors and remove impediments to, and
perfect the mechanisms of, a free and open market and a national market
system by offering its Users additional order types and therefore
affording them greater opportunities to execute their bond orders on
the Exchange.\23\ The Exchange further states that its proposal to
adopt new order types on NYSE Bonds, including All-or-None, Fill-or-
Kill, and Minimum Quantity orders, is consistent with order types
available on other ATSs and exchanges.\24\ The Commission notes that,
according to the Exchange, the proposal to codify Good `Til Date Orders
and Timed Orders does not add any new functionality but instead
provides additional clarity and transparency regarding current
functionality offered by the Exchange.\25\ Finally, the Commission
notes that the Exchange's proposal relating to the calculation of the
IMP is intended to provide additional detail, clarity, and transparency
to the rule.\26\
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    \23\ See Notice, supra note 4, at 19677.
    \24\ See id. at 19672 & n.13, 19677. The Exchange states that,
because fixed income securities are not subject to Regulation NMS,
it proposes to display the All-or-None and Minimum Quantity and
permit executions that bypass an All-or-None order or Minimum
Quantity order if the terms of such orders cannot be met, unlike
similar All-or-None and Minimum Quantity order types on equity
exchanges. See id. at 19677.
    \25\ See Notice, supra note 4, at 19677.
    \26\ See id. at 19672, 77.
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    The Commission believes that the proposed rules to adopt new order
types on NYSE Bonds would provide Users with additional options for
trading in fixed income securities on the Exchange. Based on the
Exchange's representations, the Commission believes that the proposed
rules regarding Good `Til Date and Timed Orders do not raise any novel
regulatory considerations and should provide greater specificity,
clarity, and transparency with respect to the functionality available
on the Exchange. The Commission similarly believes that the proposal
relating to the IMP calculation and the organizational changes to the
rule text should provide additional clarity and transparency to the
Exchange's rules. For these reasons, the Commission believes that the
proposed rule change is consistent with the Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\27\ that the proposed rule change (SR-NYSE-2016-17), as modified
by Amendment No. 1, be, and hereby is, approved.
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    \27\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
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    \28\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-12388 Filed 5-25-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Notices]
[Pages 55575-55576]
[FR Doc No: 2019-22683]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-3263]

Request for Nominations of a Nonvoting Representative of the
Interest of the Tobacco Manufacturing Industry on the Tobacco Products
Scientific Advisory Committee

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is requesting
nominations for a nonvoting representative of the interests of the
tobacco manufacturing industry to serve on the Tobacco Products
Scientific Advisory Committee (TPSAC), in the Center for Tobacco
Products. FDA seeks to include the views of women and men, members of
all racial and ethnic groups, and individuals with and without
disabilities on its advisory committees and, therefore encourages
nominations of appropriately qualified candidates from these groups. A
nominee may either be self-nominated or nominated by an organization.
    In addition, FDA is requesting that any industry organizations
interested in participating in the selection of a nonvoting
representative of the interests of the tobacco manufacturing industry
to serve on the TPSAC notify FDA in writing. Nominations will be
accepted for either the representative to serve on TPSAC or for the
selection group effective with this notice.

DATES: Nomination materials for prospective candidates should be sent
to FDA by November 18, 2019. Concurrently, any industry organization
interested in participating in the selection of an appropriate
nonvoting member to represent the interests of the tobacco
manufacturing industry must send a letter stating that interest to FDA
by November 18, 2019, (see sections I and II of this document for
further details).

ADDRESSES: All nominations for nonvoting representatives of the
interests of the tobacco manufacturing industry may be submitted
electronically by accessing the FDA Advisory Committee Membership
Nomination Portal at: https://www.accessdata.fda.gov/scripts/FACTRSPortal/FACTRS/index.cfm, or by mail to Advisory Committee
Oversight and Management Staff, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 32, Rm. 5103, Silver Spring, MD 20993-0002.
    All statements of interest from industry organizations interested
in participating in the selection process of nonvoting representatives
of the interests of the tobacco manufacturing industry nomination
should be sent to Janice O'Connor (see FOR FURTHER INFORMATION
CONTACT).

FOR FURTHER INFORMATION CONTACT: Janice O'Connor, Office of Science,
Center for Tobacco Products, Food and Drug Administration, Document
Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G335, Silver
Spring, MD 20993-0002, 1-877-287-1373 (choose Option 5), email:
<EMAIL_ADDRESS>    Information about becoming a member of an FDA advisory committee
can also be obtained by visiting FDA's website at: http://www.fda.gov/AdvisoryCommittees/default.htm.

SUPPLEMENTARY INFORMATION: FDA is requesting nominations for a
nonvoting representative of the interests of the tobacco manufacturing
industry on the Tobacco Products Scientific Advisory Committee (TPSAC).

I. General Description of the Committee Duties

    The TPSAC advises the Commissioner of Food and Drugs (the
Commissioner) or designee in discharging responsibilities related to
the regulation of tobacco products. The TPSAC reviews and evaluates
safety, dependence, or health issues relating to tobacco products and
provides

appropriate advice, information, and recommendations to the
Commissioner.

II. Nomination Procedure

    Individuals may self-nominate and/or an organization may nominate
one or more individuals to serve as a nonvoting representative of the
interests of the tobacco manufacturing industry. Nominations must
include a current r[eacute]sum[eacute] or curriculum vitae for each
nominee, including current business address and/or home address,
telephone number, and email address, if available. Nominations must
specify the advisory committee for which the nominee is recommended.
Nominations must also acknowledge that the nominee is aware of the
nomination unless self-nominated. The nomination should be sent to the
FDA Advisory Committee Membership Nomination Portal (see ADDRESSES)
within 30 days of publication of this document (see DATES). FDA will
forward all nominations to the organizations expressing interest in
participating in the selection process. (Persons who nominate
themselves as nonvoting industry representatives will not participate
in the selection process.)

III. Selection Procedure

    The Agency is also seeking names of organizations to participate in
the selection of the nonvoting representative of the interests of the
tobacco manufacturing industry. Any industry organization interested in
participating in the selection of an appropriate nonvoting member to
represent industry interests should send a letter stating that interest
to the FDA contact (see FOR FURTHER INFORMATION CONTACT) within 30 days
of publication of this document (see DATES). Within the subsequent 30
days, FDA will send a letter to each organization that has expressed an
interest in participating in the selection group, attaching a complete
list of all organizations participating in selection; and a list of all
non-voting nominees along with their current r[eacute]sum[eacute]s. The
letter will also state that it is the responsibility of the interested
organizations on the selection group to confer with one another and to
select a candidate and an alternative as backup, within 60 days after
the receipt of the FDA letter, to serve as the nonvoting member to
represent industry interests for the TPSAC. The interested
organizations are not bound by the list of nominees in selecting a
candidate. However, if no individual is selected within 60 days, the
Commissioner will select the nonvoting member to represent industry
interests.
    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14, relating to advisory committees.

    Dated: October 10, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-22683 Filed 10-16-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81417-81419]
[FR Doc No: 2010-31905]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1006; Directorate Identifier 2009-CE-057-AD;
Amendment 39-16543; AD 2010-26-04]
RIN 2120-AA64

Airworthiness Directives; Piper Aircraft, Inc. Model PA-28-161
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above that are equipped with Thielert Aircraft Engine
GmbH (TAE) Engine Model TAE-125-01 installed per Supplemental Type
Certificate (STC) No. SA03303AT. This AD requires installing a full
authority digital engine control (FADEC) backup battery, replacing the
supplement pilot's operating handbook and FAA approved airplane flight
manual, and revising the limitations section of the supplement airplane
maintenance manual. This AD was prompted by an incident where an
airplane experienced an in-flight engine shutdown caused by a momentary
loss

of electrical power to the FADEC. We are issuing this AD to prevent
interruption of electrical power to the FADEC, which could result in an
uncommanded engine shutdown. This failure could lead to a loss of
engine power.

DATES: This AD is effective February 1, 2011.
    The Director of the Federal Register approved the incorporation by
reference of certain publication listed in the AD as of February 1,
2011.

ADDRESSES: For service information identified in this AD, contact
Thielert Aircraft Engines Service GmbH, Platanenstra[szlig]e 14, 09350
Lichtenstein, Deutschland; telephone: +49 (37204) 696-0; fax: +49
(37204) 696-1910; Internet: http://www.thielert.com/. You may review
copies of the referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Don O. Young, Aerospace Engineer,
Atlanta Aircraft Certification Office (ACO), FAA, 1701 Columbia Avenue,
College Park, Georgia 30337; telephone:<PHONE_NUMBER>; fax: (404) 474-
5606; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
the specified products. That NPRM published in the Federal Register on
October 6, 2010 (75 FR 61655). That NPRM proposed to require
installation of a FADEC backup battery, replacement of the supplement
pilot's operating handbook and FAA approved airplane flight manual, and
revision of the limitations section of the supplement airplane
maintenance manual.

Comments

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

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed--except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Costs of Compliance

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Installation of a FADEC backup battery  7 work-hours x $85 per              $780          $1,375             Not
                                         hour = $595.                                                applicable.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2010-26-04 Piper Aircraft, Inc: Amendment 39-16543; Docket No. FAA-
2010-1006; Directorate Identifier 2009-CE-057-AD.

Effective Date

    (a) This AD is effective February 1, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model PA-28-161 airplanes, all serial
numbers, that are:
    (1) Equipped with Thielert Aircraft Engine GmbH (TAE) Engine
Model TAE-125-01 installed per Supplemental Type Certificate (STC)
No. SA03303AT; and
    (2) Certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 72: Engine.

Unsafe Condition

    (e) This AD results from an incident where an airplane
experienced an in-flight engine shutdown caused by a momentary loss
of electrical power to the FADEC. We are issuing this AD to prevent
interruption of electrical power to the FADEC, which could result in
an uncommanded engine shutdown. This failure could lead to a loss of
engine power.

Compliance

    (f) To address this problem, you must do the following, unless
already done:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Modify the engine         Within the next 100   Follow Thielert
 electrical system by          hours time-in-        Aircraft Engines
 installing a backup battery   service after         GmbH Service
 system and associated         February 1, 2011      Bulletin TM TAE 651-
 wiring and circuitry.         (the effective date   0007, Revision 7,
                               of this AD) or        dated July 30,
                               within 30 days        2010.
                               after February 1,
                               2011 (the effective
                               date of this AD),
                               whichever occurs
                               first.
(2) Revise the airworthiness  Before further        Incorporate Chapter
 limitations section to        flight after doing    40-AMM-04-01
 require repetitive            the modification      ``Airworthiness
 replacement of the FADEC      required in           Limitations,
 backup battery every 12       paragraph (f)(1) of   Revision 1'', dated
 calendar months.              this AD.              January 25, 2010,
 Thereafter, except as                               of Thielert
 provided in paragraph (g)                           Aircraft Engines
 of this AD, no alternative                          GmbH Supplement
 replacement times may be                            Airplane
 approved for this part.                             Maintenance Manual
                                                     Piper PA28-161 TAE
                                                     125-01, Doc. No.:
                                                     AMM-40-01 (US-
                                                     Version) Version: 1/
                                                     1, into TAE
                                                     Airplane
                                                     Maintenance Manual
                                                     Supplement, Piper
                                                     PA28/TAE 125-01,
                                                     AMM-40-01 (US-
                                                     Version), Rev.
                                                     Issue 1, dated
                                                     February 3, 2006.
(3) Incorporate Thielert      Before further        Not applicable.
 Aircraft Engines GmbH         flight after doing
 Supplement Pilot's            the modification
 Operating Handbook and FAA    required in
 Approved Airplane Flight      paragraph (f)(1) of
 Manual, TAE[dash]No.: 40-     this AD.
 0310-40042, issue 2,
 revision 0, dated June 1,
 2010, into the pilot's
 operating handbook.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Atlanta Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
    (2) Before using any approved AMOC, notify your Principal
Maintenance Inspector or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector, your local Flight
Standards District Office.

Related Information

    (h) For more information about this AD, contact Don O. Young,
Aerospace Engineer, FAA, Atlanta ACO, 1701 Columbia Avenue, College
Park, Georgia 30337; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
e-mail<EMAIL_ADDRESS>
Material Incorporated by Reference

    (i) You must use the service information contained in table 1 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.

             Table 1--All Material Incorporated by Reference
------------------------------------------------------------------------
                Document                  Revision          Date
------------------------------------------------------------------------
Thielert Aircraft Engines GmbH Service           7         July 30, 2010
 Bulletin TM TAE 651-0007..............
Chapter 40-AMM-04-01 ``Airworthiness             1      January 25, 2010
 Limitations, Revision 1'', of Thielert
 Aircraft Engines GmbH Supplement
 Airplane Maintenance Manual Piper PA28-
 161 TAE 125-01, Doc. No.: AMM-40-01
 (US[dash]Version) Version: 1/1........
Thielert Aircraft Engines GmbH                   0          June 1, 2010
 Supplement Pilot's Operating Handbook
 and FAA Approved Airplane Flight
 Manual, TAE[dash]No.: 40-0310-40042,
 issue 2...............................
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information contained in
table 1 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Thielert Aircraft Engines Service GmbH, Platanenstra[szlig]e 14,
09350 Lichtenstein, Deutschland; telephone: +49 (37204) 696-0; fax:
+49 (37204) 696-1910; Internet: http://www.thielert.com/.
    (3) You may review copies of the service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri on December 13, 2010.
William J. Timberlake,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-31905 Filed 12-27-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Rules and Regulations]
[Pages 71504-71508]
[FR Doc No: 2013-28533]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2012-0113; A-1-FRL-9903-21-Region 1]

Approval and Promulgation of Air Quality Implementation Plans;
New Hampshire; Transportation Conformity and Conformity of General
Federal Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of New Hampshire. This revision establishes
transportation conformity criteria and procedures related to
interagency consultation and enforceability of certain transportation-
related control measures and mitigation measures. In addition, the
revision relies on the Federal rule for General Conformity. The
intended effect of this action is to approve State criteria and
procedures to govern conformity determinations. This action is being
taken in accordance with the Clean Air Act.

DATES: This direct final rule is effective January 28, 2014, unless EPA
receives adverse comments by December 30, 2013. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2012-0113 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2012-0113,''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA
02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post
Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912.
Such deliveries are only accepted during the Regional Office's normal
hours of operation. The Regional Office's official hours of business
are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2012-0113. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site 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 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 and with any disk or CD-ROM you submit. 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.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, 5 Post Office
Square--Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
legal holidays.
    In addition, copies of the state submittal are also available for
public inspection during normal business hours, by appointment at the
State Air Agency: Air Resources Division, Department of Environmental
Services, 6 Hazen Drive, P.O. Box 95, Concord, NH 03302-0095.

FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Unit,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. Background and Purpose
    A. What is Transportation Conformity?
    B. What is General Conformity?
    C. Call to States for Conformity SIP Revisions
    D. Transportation Conformity Provisions of Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU)
    E. General Conformity Affected by SAFETEA-LU

    F. Prior New Hampshire Conformity SIP Revision Action
    G. State Submittal and EPA Evaluation
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    The intent of the conformity requirements is to prevent the air
quality impacts of Federal actions from causing or contributing to a
violation of the national ambient air quality standards (NAAQS) or
interfering with the purpose of a State Implementation Plan (SIP),
Tribal Implementation Plan (TIP) or Federal Implementation Plan (FIP).

A. What is Transportation Conformity?

    Transportation conformity is required under Section 176(c) of the
Clean Air Act to ensure that Federally supported highway, transit
projects, and other activities are consistent with (``conform to'') the
purpose of the SIP. Conformity currently applies to areas that are
designated nonattainment, and those redesignated to attainment after
1990 (maintenance areas) with plans developed under section 175A of the
Clean Air Act, for the following transportation related criteria
pollutants: ozone, particulate matter (PM2.5 and
PM10), carbon monoxide (CO), and nitrogen dioxide
(NO2). Conformity to the purpose of the SIP means that
transportation activities will not cause new air quality violations,
worsen existing violations, or delay timely attainment of the relevant
national ambient air quality standards. The transportation conformity
regulation is found in 40 CFR Part 93, subpart A and provisions related
to conformity SIPs are found in 40 CFR 51.390.

B. What is General Conformity?

    General Conformity is a requirement of section 176(c) of the Clean
Air Act (CAA) Amendments of 1990. General Conformity is a safeguard
that no action by the Federal government interferes with a SIP's
protection of the NAAQS. Under General Conformity, any action by the
Federal government cannot: cause or contribute to any new violation of
any standard in any area; interfere with provisions in the applicable
SIP for maintenance of any standard; increase the frequency or severity
of any existing violation of any standard in any area; or delay timely
attainment of any standard, any required interim emission reductions,
or any other milestones, in any area. The general conformity regulation
is found in 40 CFR Part 93, subpart B and provisions related to
conformity SIPs are found in 40 CFR 51.851.

C. Call to States for Conformity SIP Revisions

    In the CAA, Congress recognized that actions taken by Federal
agencies could affect a State, Tribal, or local agency's ability to
attain and maintain the NAAQS. Congress added section 176(c) (42 U.S.C.
7506) to the CAA to ensure Federal agencies proposed actions conform to
the applicable SIP, TIP or FIP for attaining and maintaining the NAAQS.
That section requires Federal entities to find that the emissions from
the Federal action will conform with the purposes of the SIP, TIP or
FIP or not otherwise interfere with the State's or Tribe's ability to
attain and maintain the NAAQS.
    The CAA Amendments of 1990 clarified and strengthened the
provisions in section 176(c). Because certain provisions of section
176(c) apply only to highway and mass transit funding and approvals
actions, EPA published two set of regulations to implement section
176(c). The Transportation Conformity Regulations, (40 CFR Part 51,
Subpart T, and 40 CFR Part 93, Subpart A) first published on November
24, 1993 (58 FR 62188), address Federal actions related to highway and
mass transit funding and approval actions. The General Conformity
Regulations, (40 CFR Part 51, Subpart W, and 40 CFR Part 93, Subpart B)
published on November 30, 1993 (58 FR 63214), cover all other Federal
actions. These two conformity regulations have been revised numerous
times.
    When promulgated in 1993, the Federal transportation conformity
rule at 40 CFR 51.395 mandated that the transportation conformity SIP
revision incorporate several provisions of the rule \1\ in verbatim
form, except in so far as needed to give effect to a stated intent in
the revision to establish criteria and procedures more stringent than
the requirements stated in these sections. Similarly, 40 CFR 51.851
required the State's general conformity provisions must contain
criteria and procedures that are no less stringent than the Federal
general conformity regulation, however the State could establish more
stringent general conformity criteria and procedures if they apply
equally to non-Federal, as well as Federal, entities.
---------------------------------------------------------------------------

    \1\ Specifically, those sections are: Sec. Sec.  51.392, 51.394,
51.398, 51.400, 51.404, 51.410, 51.412, 51.414, 51.416, 51.418,
51.420, 51.422, 51.424, 51.426, 51.428, 51.430, 51.432. 51.434,
51.436, 51.438, 51.440, 51.442, 51.444, 51.446, 51,448, 51.450,
51.460, and 51.462.
---------------------------------------------------------------------------

D. Transportation Conformity Provisions of Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)

    On August 10, 2005, the SAFETEA-LU was signed into law streamlining
the requirements for conformity SIPs. Prior to SAFETEA-LU being signed
into law, states were required to address all of the Federal conformity
rule's provisions in their conformity SIPs. Most of the sections of the
Federal rule were required to be copied verbatim from the Federal rule
into a state's SIP, as previously required under 40 CFR 51.390(d).
    Under SAFETEA-LU, states are required to address and tailor only
three sections of the conformity rule in their conformity SIPs. These
three sections of the Federal rule which must meet a state's individual
circumstances are: 40 CFR 93.105, which addresses consultation
procedures; 40 CFR 93.122(a)(4)(ii), which requires that written
commitments be obtained for control measures that are not included in a
Metropolitan Planning Organization's transportation plan and
transportation improvement program prior to a conformity determination,
and that such commitments be fulfilled; and, 40 CFR 93.125(c) which
requires that written commitments be obtained for mitigation measures
prior to a project level conformity determination, and that project
sponsors must comply with such commitments. In general, states are no
longer required to submit conformity SIP revisions that address the
other sections of the conformity rule. This provision took effect on
August 10, 2005, when SAFETEA-LU was signed into law.

E. General Conformity Affected by SAFETEA-LU

    On April 5, 2010, EPA revisited the Federal General Conformity
Requirements Rule to clarify the conformity process, authorize
innovative and flexible compliance approaches, remove outdated or
unnecessary requirements, reduce the paperwork burden, provide
transition tools for implementing new standards, address issues raised
by Federal agencies affected by the rules, and provide a better
explanation of conformity regulations and policies. EPA's April 2010
revised rule simplified state SIP requirements for general conformity,
eliminating duplicative general conformity provisions codified at 40
CFR Part 93, Subpart B and 40 CFR Part 51, Subpart W. Finally, the
April 2010 revision updated the Federal General Conformity Requirements
Rule

to reflect changes to governing laws passed by Congress since EPA's
1993 rule. The SAFETEA-LU passed by Congress in 1995 contains a
provision eliminating the CAA requirement for states to adopt general
conformity SIPs. As a result of SAFETEA-LU, EPA's April 2010 General
Conformity rule eliminated the Federal regulatory requirement for
states to adopt and submit general conformity SIPs, instead making
submission of a general conformity SIP a state option.

F. Prior New Hampshire Conformity SIP Revision Action

    On August 16, 1999 (64 FR 44417), EPA approved New Hampshire's Part
Env-A 1502, Conformity of General Federal Actions. New Hampshire's rule
references the Federal General Conformity rule (40 CFR Part 51, Subpart
W).

G. State Submittal and EPA Evaluation

    On December 9, 2011, the State of New Hampshire submitted a SIP
revision consisting of additions and amendments to Env-A 1500,
Conformity. The revised rule includes requirements for establishing a
consultative process relative to transportation conformity
determinations. Amendments to New Hampshire State Regulation Env-A 1500
were made to (1) clarify the rules by adding certain definitions,
deleting definitions that are not needed, and revising existing
provisions so they are more readily understandable; (2) updating the 40
Code of Federal Regulations (CFR) part 93 references and otherwise
aligning the rules with current federal requirements; (3) removing the
State requirement for a minimum 30-day public comment period for
conformity determinations as this is not a federal requirement and
establishing alternative, more appropriate timeframes through
interagency consultative process; and (4) consolidating provisions and
definitions that are common to both transportation conformity and
general conformity.
    We have reviewed New Hampshire's submittal to assure consistency
with the current Clean Air Act, as amended by SAFETEA-LU, and EPA
regulations governing state procedures for transportation conformity
and interagency consultation (40 CFR Part 93, Subpart A and 40 CFR
51.390) and have concluded that the submittal is approvable.
Specifically, New Hampshire's rule at Env-A 1503 Transportation
Conformity adequately addresses the three sections of the Federal
transportation conformity rule discussed above (consultation
procedures, written commitments for control measures and mitigation
measures, and project sponsors compliance with such commitments). EPA
notes that New Hampshire's conformity regulation at sections Env-A
1503.20 and 1503.21 require entities to obtain written commitments but
does not explicitly require parties to comply with those commitments.
However, as stated in 40 CFR 51.390(a), ``The federal conformity
regulations contained in part 93, subpart A, of this chapter would
continue to apply for the portion of the requirements that the state
did not include in its conformity implementation plan and the portion,
if any of the state's conformity provisions that is not approved by
EPA.'' Therefore, 40 CFR 93.122(a)(4)(i) and 93.125(b) which explicitly
state that entities ``must comply with the obligations of such
commitments'' would continue to apply and this omission in New
Hampshire's rule is not an issue.
    We also reviewed New Hampshire's submittal to assure consistency
with the current Clean Air Act, as amended by SAFETEA-LU, and EPA
regulations governing state procedures for general conformity (40 CFR
Part 93, Subpart B and 40 CFR 51.851). New Hampshire's administrative
rule Env-A 1504 Conformity of General Federal Actions, adequately
refers to the general conformity Federal rule for implementation.
    In addition, New Hampshire's December 9, 2011 SIP revision meets
the requirements set forth in section 110 of the CAA with respect to
adoption and submission of SIP revisions. As a result of this action,
New Hampshire's previously SIP-approved general conformity procedures
for New Hampshire Env-A 1502 (August 16, 1999; 64 FR 44417) will be
replaced by Env-A 1500 the procedures submitted to EPA on December 9,
2011 for approval, and adopted by State of New Hampshire on September
11, 2011 with a State effective date of October 1, 2011. The approval
of New Hampshire's conformity SIP revision will strengthen the New
Hampshire SIP and will assist the state in complying with Federal
NAAQS. Therefore, EPA is approving New Hampshire's revision to its
conformity SIP to comply with the most recent Federal Conformity
Requirements.

II. Final Action

    EPA is approving New Hampshire's Env-A 1500 Conformity into the New
Hampshire SIP.
    The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective January
28, 2014 without further notice unless the Agency receives relevant
adverse comments by December 30, 2013.
    If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on January 28, 2014 and no further action will
be taken on the proposed rule. 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.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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 Order
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; 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, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    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. EPA will submit a report containing this action 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 28, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 8, 2013.
Michael Kenyon,
Acting Regional Administrator, EPA New England.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations
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 EE--New Hampshire

0
2. Section 52.1520 table in paragraph (c) is amended by revising the
entry for ``Env-A 1500'' to read as follows:

Sec.  52.1520  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                     EPA Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
                                                       State
     State citation            Title/subject      effective date   EPA approval date \1\       Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Env-A 1500..............  Conformity............       10/1/2011  11/29/2013............  ......................
                                                                  [Insert Federal
                                                                   Register page number
                                                                   where the document
                                                                   begins].

                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

* * * * *

[FR Doc. 2013-28533 Filed 11-27-13; 8:45 am]
BILLING CODE 6560-50-P