[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Rules and Regulations]
[Pages 45416-45417]
[FR Doc No: 2016-16576]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2015-0810; FRL-9948-81]
RIN 2070-AB27

Significant New Use Rules on Certain Chemical Substances;
Withdrawal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

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SUMMARY: EPA is withdrawing significant new use rules (SNURs)
promulgated under the Toxic Substances Control Act (TSCA) for three
chemical substances, which were the subject of premanufacture notices
(PMNs). EPA published these SNURs using direct final rulemaking
procedures, which requires EPA to take certain actions if an adverse
comment is received. EPA received adverse comments regarding the SNURs
identified in this document. Therefore, the Agency is withdrawing the
direct final rule SNURs identified in this document, as required under
the direct final rulemaking procedures.

DATES: This rule is effective July 15, 2016.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2015-0810, is available at
http://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    A list of potentially affected entities is provided in the Federal
Register of May 16, 2016 (81 FR 30452) (FRL-9944-77). If you have
questions regarding the applicability of this action to a particular
entity, consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.

II. What direct final SNURs are being withdrawn?

    In the May 16, 2016 Federal Register, EPA issued direct final SNURs
for the chemical substances that are identified in this document. These
direct final SNURs were issued under the procedures in 40 CFR part 721,
subpart D. Because the Agency received notices of intent to submit
adverse comments,

in accordance with Sec.  721.160(c)(3)(ii), EPA is withdrawing the
direct final SNURS issued for the following chemical substances, which
were the subject of PMNs: Functionalized carbon nanotubes (generic),
(PMN P-15-276), Diisocyanato hexane, homopolymer, alkanoic acid-
polyalkylene glycol ether with substituted alkane (3:1) reaction
products-blocked (generic), (PMN P-15-378), and Modified
diphenylmethane diisocyanate prepolymer with polyol (generic), (PMN P-
15-559). EPA intends to publish proposed SNURs for the chemical
substances identified in this document.
    For further information regarding EPA's direct final rulemaking
procedures for issuing SNURs, see 40 CFR part 721, subpart D, and the
Federal Register of July 27, 1989 (54 FR 31314).

III. Good Cause Finding

    EPA determined that this document is not subject to the 30-day
delay of effective date generally required by the Administrative
Procedure Act (APA) (5 U.S.C. 553(d)) because of the time limitations
for publication in the Federal Register. This document must publish on
or before the effective date of the direct final rule containing the
direct final SNURs being withdrawn.

IV. Statutory and Executive Order Reviews

    This action withdraws regulatory requirements that have not gone
into effect and which contain no new or amended requirements. As such,
the Agency has determined that this action will not have any adverse
impacts, economic or otherwise. The statutory and Executive Order
review requirements applicable to the direct final rule were discussed
in the May 16, 2016 Federal Register. Those review requirements do not
apply to this action because it is a withdrawal and does not contain
any new or amended requirements.

V. Congressional Review Act (CRA)

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2). Section 808 of the CRA allows the
issuing agency to make a rule effective sooner than otherwise provided
by CRA if the agency makes a good cause finding that notice and public
procedure is impracticable, unnecessary, or contrary to the public
interest. As required by 5 U.S.C. 808(2), this determination is
supported by a brief statement in Unit III.

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: July 7, 2016.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.

    Therefore, 40 CFR chapter I is amended as follows:

PART 9--[AMENDED]

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

    Authority:  7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001,
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C.
9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326,
1330, 1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3
CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f,
300g, 300g-1, 300g-2, 300j-2, 300j-3, 300j-4, 300j-9, 1857 et seq.,
6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048.

Sec.  9.1  [Amended]

0
2. In the table in Sec.  9.1, under the undesignated center heading
``Significant New Uses of Chemical Substances,'' remove Sec. Sec.
721.10902, 721.10913 and 721.10920.

PART 721--[AMENDED]

0
3. The authority citation for part 721 continues to read as follows:

    Authority:  15 U.S.C. 2604, 2607, and 2625(c).

Sec.  721.10902  [Removed]

0
4. Remove Sec.  721.10902.

Sec.  721.10913  [Removed]

0
5. Remove Sec.  721.10913.

Sec.  721.10920  [Removed]

0
6. Remove Sec.  721.10920.

[FR Doc. 2016-16576 Filed 7-13-16; 8:45 am]
 BILLING CODE 6560-50-P


The permit writer may or may not become actively involved with the compliance monitoring and enforcement of the terms and conditions of the NPDES permits that he or she has written. The extent of the permit writer's involvement will usually depend upon the organizational structure of the regulatory agency. Larger, centrally organized agencies will typically have specialized personnel responsible for enforcing the terms of NPDES permits. In other organizations, the individual who writes the permit will also be responsible for such enforcement activities as Discharge Monitoring Report ( DMR) tracking, facility inspections, and enforcement recommendations. In the event NPDES Permit Writers' Manual  211 Chapter 12 Permit Compliance and Enforcement of a judicial enforcement action, the permit writer may be called upon to testify regarding the specific requirements of the permit or its basis.

Regardless of the type of organizational structure within a regulatory agency,

the permit writer should have an appreciation for the various aspects of a meaningful NPDES compliance enforcement program. The compliance monitoring reviews and inspections, and resulting data entered into the Quarterly Noncompliance Report database which provide the basis for evaluating compliance are addressed in the following section. The chapter concludes with a brief description of the enforcement actions available to facilitate permit compliance.

12.2 Compliance Monitoring Compliance monitoring is a generic term that includes all activities undertaken by Federal or State regulatory agencies to ascertain a permittee's adherence to a NPDES permit. Compliance monitoring data collected as part of the NPDES Program are used in compliance evaluation and in support of enforcement. The process includes receiving data, reviewing data, entering data into the Permit Compliance System ( PCS) data base, identifying violators, and determining an appropriate response.

A primary function of the compliance monitoring program is the verification of compliance with permit conditions, including effluent limitations and compliance schedules. Compliance monitoring may be described as comprising two elements:

° Compliance Review   The review of all written reports and other material relating to the status of a permittee's compliance.

° Compliance Inspections   Field related regulatory activities, including sampling, conducted to determine compliance.

12.2.1 Compliance Review Compliance and enforcement personnel use two primary sources of information to carry out their compliance review responsibilities:

° Permit/ Compliance Files   These files include compliance schedule reports, compliance inspection reports, DMRs, enforcement actions, and 212  NPDES Permit Writers' Manual Permit Compliance and Enforcement Chapter 12 any other correspondence ( e. g., summaries of telephone calls, copies of warning letters). Compliance personnel periodically review this information and use it to determine if enforcement is necessary and what level of enforcement is appropriate.

° PCS   PCS is a data management system used to compile all relevant facts about a facility's permit conditions, self monitoring data, the inspections performed, and any enforcement actions taken. PCS is the national data base for the NPDES Program. As such, PCS promotes national consistency and uniformity in permit and compliance evaluations. To accomplish this goal, all required data are entered into and maintained regularly in PCS.

NPDES permits must be written so that compliance data are capable of being tracked by PCS. There may be situations where permit limits and monitoring conditions are not initially compatible with PCS entry and tracking. In these cases,

States should ensure that appropriate steps are taken by the permit writer to identify difficult permits to the person responsible for entering PCS codes ( either in the State or the Region) and to mutually resolve any coding issues. To assist PCS coders in accurately interpreting and coding the permit into PCS and to assist enforcement personnel in reviewing permittee self monitoring data and reports in a timely manner,

permit writers should apply the compliance inspection procedures discussed in the next section ( Section 12.2.2).

12.2.2 Compliance Inspections Compliance inspections refer to all field related regulatory activities conducted to determine permit compliance. Such field activities may include evaluation inspections ( nonsampling), sampling inspections, other specialized inspections, and remote sensing. Certain inspections, such as diagnostic inspections and performance audit inspections, aid the regulatory agency in evaluating the facility's problems in addition to providing information to support enforcement action. Biomonitoring inspections are specifically targeted at facilities with effluent suspected or identified as causing toxicity problems that threaten the ecological balance of the receiving waters.

NPDES Permit Writers' Manual  213 Chapter 12 Permit Compliance and Enforcement Compliance inspections are undertaken for one or more of the following purposes:

° To establish a regulatory presence to defer violations ° To ensure that permit requirements are being met or to determine if permit conditions are adequate ° To check the completeness and accuracy of a permittee's performance and compliance records ° To assess the adequacy of the permittee's self monitoring and reporting program ° To determine the progress or completion of corrective action ° To obtain independent compliance data on a facility's discharge ° To evaluate the permittee's operation and maintenance activities ° To observe the status of construction required by the permit.

12.3 Quarterly Noncompliance Reports EPA Regional Offices and States that have been approved to administer the NPDES Program are required by regulation to report quarterly on major facilities that are not in compliance with the terms and conditions of their permit ( i. e., effluent limitations meet the criteria for reportable noncompliance [ RNC], schedules, and reporting requirements).

The regulations in 40 CFR 123.45 established requirements for listing facility violations and resulting regulatory enforcement action or quarterly noncompliance reports ( QNCRs). This regulation established reporting requirements for violations that meet specific, quantifiable reporting criteria, as well as for violations that are more difficult to quantify but are of sufficient concern to be considered reportable. The regulation also specifies the format that the reports must follow and the schedule for their submission.

Only major facilities that meet RNC criteria must be reported on the QNCR.

RNC consists of five general types of violations:

° Violation of Monthly Average Effluent Limits   Data that exceeds or equals the limit times the Technical Review Criteria ( TRC) for 2 months during a 6 month period, where the TRC is 1.4 for Group I pollutants and 214  NPDES Permit Writers' Manual Permit Compliance and Enforcement Chapter 12 1.2 for Group II pollutants ( Appendix A to 40 CFR Part 123 contains a list of Group I and II pollutants); and data that exceeds the limit for 4 months during a 6 month period.

° Interim Effluent Limits Set Forth in a Formal Enforcement Action   Any violation of any magnitude.

° Schedule   Missing a compliance schedule milestone date by 90 days.

° Reporting   Missing a report due date by 30 days.

° Single Event   A violation of any magnitude considered to have an adverse effect on water quality or public health ( e. g., unauthorized bypass, unpermitted discharge, frequent discharges of a variety of pollutants).

A subset of instances of RNC that appear on the QNCR may be noted as significant noncompliance ( SNC). This distinction is used solely for management accountability purposes as a means of tracking trends in compliance and evaluating relative timeliness of appropriate enforcement response toward priority violations. The definition of SNC is not regulatory and may change as the NPDES Program changes to encompass new initiatives. Generally, the designation of SNC indicates a violation is of sufficient magnitude and/ or duration to be considered among the Agency's priorities for regulatory review and/ or response. The categories of SNC are:

° Violation of enforcement action requirements ( i. e., administrative effluent limits, key compliance schedule milestones, and key reports)

° Violation of permit effluent limits ° Violation of key compliance schedule milestones contained in a permit ° Violation of key reporting requirements in a permit ° Any unauthorized discharge or bypass considered significant by the NPDES Program director ° Violations associated with water quality or health impacts.

The Regions and NPDES States are expected to prioritize rapid enforcement action against all SNC violations by the time they appear on the first QNCR. Prior to a permittee appearing on the subsequent QNCR for the same instance of SNC, the permittee should either be in compliance or the administering agency should have initiated an appropriate formal enforcement action to achieve final compliance. If the facility is still considered SNC after two quarters and no formal enforcement action has been taken, the facility is placed on the Exceptions List. Although there are some legitimate justifications for facilities appearing on the Exception List, the Exceptions NPDES Permit Writers' Manual  215 Chapter 12 Permit Compliance and Enforcement List generally indicates facilities for which the administering agency failed to handle enforcement in a timely and appropriate manner.

12.4 Enforcement Regulatory Update In September 1995, EPA revised the definition of SNC to include violations of non monthly average permit limits by major facilities. A large percentage of NPDES majors are lacking the required monthly average limits in their permit thus escaping detection as SNC and scrutiny for formal enforcement action. The new definition was effective on October 1, 1996 and is expected to result in better targeting of limited enforcement resources to violations posing the greatest risk to the environment and public health.

Specific enforcement actions are focused on a small subset of the total number of violators   violators at sites where frequent or serious violations have occurred.

However, these actions have the effect of fostering compliance by an entire industry of facilities across the nation. By choosing the appropriate enforcement response to violations, EPA tries to achieve several goals:

° Correction of the violation as soon as possible ° Deterrence of future violations by the same permittee or other permittees ° Equal treatment of the regulated community through use of a uniform approach to selecting enforcement responses ( i. e., similar violations are treated similarly)

° Punishment of serious violations ° Effective use of enforcement resources by achieving protection of human health and the environment with the least amount of staff time and funds.

Once a facility has been identified as having apparent permit violations, the EPA or the NPDES State or Tribal organization will review the facility's compliance history. Such a review includes an assessment of the magnitude, frequency, and duration of violations. Significant permit violations are identified and a determination of the appropriate enforcement response is made.

Section 309 of the Act authorizes the Agency to bring civil or criminal action against facilities which violate their NPDES permit conditions. EPA Regions and authorized States have specific procedures for reviewing self monitoring and inspection data and for deciding what type of enforcement action is warranted. EPA 216  NPDES Permit Writers' Manual Permit Compliance and Enforcement Chapter 12 recommends an escalating response to continuing noncompliance. Typical types of enforcement actions include:

° Inspection debriefing, calling attention to deficiencies ° Telephone call ° Letter of violation ° Notice of violation ° Administrative order ° Administrative fine of up to $ 125,000 per proceeding ° Civil lawsuit ° Criminal prosecution.

Considerations when making determinations on the level of the enforcement response include ( 1) the severity of the permit violation, ( 2) the degree of economic benefit obtained through the violation, ( 3) previous enforcement actions taken against the violator, and ( 4) the deterrent effect of the response on similarly situated permittees. Equally important are considerations of fairness and equity, national consistency, and the integrity of the NPDES Program.

12.5 Public Participation Citizens can participate in the enforcement process in a number of ways.

Under the Freedom of Information Act, citizens have the right to request certain facility specific compliance information from EPA's PCS database. Interested citizens can intervene in any Federal civil action to enjoin any threatened or continuing violation of any program requirement or permit conditions, and to recover civil penalties in court. Citizens also have the opportunity to review and comment on any proposed consent decree to resolve a State or Federal civil judicial enforcement action.

Section 505 of the Clean Water Act allows any citizen to commence a civil judicial enforcement action on his own behalf against: ( 1) any person ( including the United States or any government agency) who is alleged to be in violation of an effluent standard or limitation or an enforcement order issued by EPA or a State, or ( 2) against EPA or the State where the regulatory authority is alleged to have failed to take appropriate action. Citizens may not commence suit if EPA or the State is NPDES Permit Writers' Manual  217 Chapter 12 Permit Compliance and Enforcement diligently prosecuting a civil or criminal action. Citizens must also give EPA, the State,

and the alleged violator sixty days' notice of the alleged violation prior to commencing a citizen suit.

12.6 Compliance Assistance and Voluntary Compliance Policies On June 8, 1994, EPA established a new Office of Enforcement and Compliance Assurance ( OECA), consolidating a number of functions formerly shared among different programs at EPA. One of several new offices in OECA is the Office of Compliance ( OC). The overriding mission of the Office of Compliance is to improve compliance with environmental laws. To do this, OC sets national compliance assurance and enforcement priorities through strategic planning and targeting; collects and integrates compliance data; develops effective compliance monitoring programs to support inspections and self reporting; builds the capacity for more effective compliance assistance to the regulated community; works with Regions, States,

municipalities, citizens groups and industry, and supports enforcement activity. Three of the divisions in OC are organized by economic sector ( SIC Code).

As part of President Clinton's 1995 regulatory form initiative, EPA's Office of Enforcement and Compliance Assurance issued three policies to provide incentives for voluntary compliance. The first is " Incentives for Self Policing: Disclosure, Correction and Prevention of Violations" ( hereafter referred to as the " self audit policy"), which was issued on December 22, 1995. This policy officers incentives in the form of elimination of gravity based penalties to companies that find violations through an environmental audit or efforts that reflect due diligence, and promptly disclose and correct those violations. It also offers a 75% reduction in gravity based penalties for violations that are voluntarily discovered and disclosed even if not found through an audit or the exercise of due diligence. The self audit policy contains important safeguards to protect public health such as: excluding violations which may present an imminent and substantial endangerment or have resulted in serious actual harm;

retaining the right to recover any significant economic benefit gained by the violator;

requiring the company to remedy any environmental harm; and, excluding repeat violations.

The second policy is EPA's " Policy on Compliance Incentives for Small Businesses" ( hereafter referred to as the " small business policy") which became 218  NPDES Permit Writers' Manual Permit Compliance and Enforcement Chapter 12 effective on June 10, 1996. The purpose of this policy is to promote compliance among small businesses by providing them with special incentives to participate in compliance assistance programs or to conduct environmental audits, and then to promptly correct violations. Under the small business policy, a " small business" is a person, corporation, partnership, or other entity who employs 100 or fewer individuals across all its facilities and operations. EPA will eliminate the entire civil penalty if a small business satisfies all four of the following criteria: ( 1) the business has made a good faith effort to comply as demonstrated by either receiving on site governmental compliance assistance or conducting a voluntary environmental audit and promptly disclosing in writing all violations discovered as part of the audit; ( 2) in past three years, the business was not subject to an action for the current violation and in the past five years the small business has not been subject to two or more enforcement actions for environmental violations; ( 3) the business corrects the violation and remedies any harm associated with the violation within six months of discovery; and ( 4) the violation has not caused or does not pose actual serious harm and has not involved criminal conduct.

If the small business meets all of the above criteria except that it needs a longer corrections period or if it has obtained a significant economic benefit from the violations, EPA will waive up to 100% of the gravity component of the penalty but may seek the full amount of any economic benefit associated with the violations.

The third new policy is the " Policy on Flexible State Enforcement Responses to Small Community Violations," which was issued on November 22, 1995 ( hereinafter referred to as the " small community policy"). The small community policy assures States that they have, within appropriate limits, the flexibility to design and use multimedia compliance assistance and compliance prioritization measures as alternatives to traditional enforcement responses when addressing a small community's environmental violations. Under the small community policy, State small community environmental compliance assistance programs provide ( 1) an adequate process to return a small community to environmental compliance; and ( 2) an opportunity to correct violations. States electing to provide small community environmental compliance assistance should establish and follow an adequate process for determining which communities can participate, assessing a community's good faith and environmental compliance status, determining a community's administrative,

NPDES Permit Writers' Manual  219 Chapter 12 Permit Compliance and Enforcement technical, and financial capacity to comply, weighting the comparative risks associated with competing environmental mandates, and entering into an enforceable agreement establishing a risk prioritized schedule that requires compliance with all environmental mandates as quickly as is reasonable.

A State can waive part or all of the noncompliance penalty if the community is working diligently and in good faith to achieve compliance. The small community policy does not apply to criminal violations. EPA also reserves the right to take immediate action where the community's actions create an imminent and substantial endangerment to public health and the environment.

220  NPDES Permit Writers' Manual


[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Rules and Regulations]
[Pages 52833-52837]
[FR Doc No: C1-2021-05306]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9, 59, 60, 85, 86, 88, 89, 90, 91, 92, 94, 1027, 1033,
1036, 1037, 1039, 1042, 1043, 1045, 1048, 1051, 1054, 1060, 1065,
1066, 1068, and 1074

[EPA-HQ-OAR-2019-0307; FRL-10018-52-OAR]
RIN 2060-AU62

Improvements for Heavy-Duty Engine and Vehicle Test Procedures,
and Other Technical Amendments

Correction

    In rule document 2021-05306, appearing on pages 34308-34590, in the
issue of Tuesday, June 29, 2021, make the following corrections:

Sec.  1037.565   [Corrected]

0
1. On page 34486, beginning in the first column, Section 1037.565 is
corrected to read as follows:

1037.565  Transmission efficiency test.

    This section describes a procedure for mapping transmission
efficiency through a determination of transmission power loss.
    (a) You may establish transmission power loss maps based on testing
any number of transmission configurations within a transmission family
as specified in Sec.  1037.232. You may share data across any
configurations within the family, as long as you test the transmission
configuration with the lowest efficiency from the transmission family.
Alternatively, you may ask us to approve analytically derived power
loss maps for untested configurations within the same transmission
family (see Sec.  1037.235(h)).
    (b) Prepare a transmission for testing as follows:
    (1) Select a transmission with less than 500 hours of operation
before testing.
    (2) Mount the transmission to the dynamometer such that the geared
shaft in the transmission is aligned with the input shaft from the
dynamometer.
    (3) Add transmission oil according to the transmission
manufacturer's instructions. If the transmission manufacturer specifies
multiple transmission oils, select the one with the highest viscosity
at operating temperature. You may use a lower-viscosity transmission
oil if we approve it as critical emission-related maintenance under
Sec.  1037.125. Fill the transmission oil to a level that represents
in-use operation. You may use an external transmission oil conditioning
system, as long as it does not affect measured values.
    (4) Include any internal and external pumps for hydraulic fluid and
lubricating oil in the test. Determine the work required to drive an
external pump according to 40 CFR 1065.210.
    (5) Install equipment for measuring the bulk temperature of the
transmission oil in the oil sump or a similar location.
    (6) If the transmission is equipped with a torque converter, lock
it for all testing performed in this section.
    (7) Break in the transmission using good engineering judgment.
Maintain transmission oil temperature at (87 to 93) [deg]C for
automatic transmissions and transmissions having more than two friction
clutches, and at (77 to 83) [deg]C for all other transmissions. You may
ask us to approve a different range of transmission oil temperatures if
you have data showing that it better represents in-use operation.
    (c) Measure input and output shaft speed and torque as described in
40 CFR 1065.210(b). You must use a speed measurement system that meets
an accuracy of 0.05% of point. Accuracy requirements for
torque transducers depend on the highest loaded transmission input and
output torque as described in paragraph (d)(2) of this section. Use
torque transducers for torque input measurements that meet an accuracy
requirement of 0.2% of the highest loaded transmission
input for loaded test points and 0.1% of the highest loaded
transmission input torque for unloaded test points. For torque output
measurements, torque transducers must meet an accuracy requirement of
0.2% of the highest loaded transmission output torque for
each gear ratio. Calibrate and verify measurement instruments according
to 40 CFR part 1065, subpart D. Command speed and torque at a minimum
of 10 Hz, and record all data, including bulk oil temperature, at a
minimum of 1 Hz mean values.
    (d) Test the transmission at input shaft speeds and torque
setpoints as described in this paragraph (d). You may exclude lower
gears from testing; however, you must test all the gears above the
highest excluded gear. GEM will use default values for any untested
gears. The test matrix consists of test points representing
transmission input shaft speeds and torque setpoints meeting the
following specifications for each tested gear:

    (1) Test at the following transmission input shaft speeds:
    (i) 600.0 r/min or transmission input shaft speed when paired with
the engine operating at idle.
    (ii) The transmission's maximum rated input shaft speed. You may
alternatively select a value representing the highest expected in-use
transmission input shaft speed.
    (iii) Three equally spaced intermediate speeds. The intermediate
speed points may be adjusted to the nearest 50 or 100 r/min. You may
test any number of additional speed setpoints to improve accuracy.
    (2) Test at certain transmission input torque setpoints as follows:
    (i) Include one unloaded (zero-torque) setpoint.
    (ii) Include one loaded torque setpoint between 75% and 105% of the
transmission's maximum rated input shaft torque. However, you may use a
lower torque setpoint as needed to avoid exceeding dynamometer torque
limits, as long as testing accurately represents in-use performance. If
your loaded torque setpoint is below 75% of the transmission's maximum
rated input shaft torque, you must demonstrate that the sum of time for
all gears where demanded engine torque is between your maximum torque
setpoint and 75% of the transmission's maximum rated input shaft torque
is no more than 10% of the time for each vehicle drive cycle specified
in subpart F of this part. This demonstration must be made available
upon request.
    (iii) You may test at any number of additional torque setpoints to
improve accuracy.
    (iv) Note that GEM calculates power loss between tested or default
values by linear interpolation, except that GEM may extrapolate outside
of measured values to account for testing at torque setpoints below 75%
as specified in paragraph (d)(2)(ii) of this section.
    (3) In the case of transmissions that automatically go into neutral
when the vehicle is stopped, also perform tests at 600 r/min and 800 r/
min with the transmission in neutral and the transmission output fixed
at zero speed.
    (e) Determine transmission efficiency using the following
procedure:
    (1) Maintain ambient temperature between (15 and 35) [deg]C
throughout testing. Measure ambient temperature within 1.0 m of the
transmission.
    (2) Maintain transmission oil temperature as described in paragraph
(b)(7) of this section.
    (3) Use good engineering judgment to warm up the transmission
according to the transmission manufacturer's specifications.
    (4) Perform unloaded transmission tests by disconnecting the
transmission output shaft from the dynamometer and letting it rotate
freely. If the transmission adjusts pump pressure based on whether the
vehicle is moving or stopped, set up the transmission for unloaded
tests to operate as if the vehicle is moving.
    (5) For transmissions that have multiple configurations for a given
gear ratio, such as dual-clutch transmissions that can pre-select an
upshift or downshift, set the transmission to operate in the
configuration with the greatest power loss. Alternatively, test in each
configuration and use good engineering judgment to calculate a weighted
power loss for each test point under this section based on field data
that characterizes the degree of in-use operation in each
configuration.
    (6) For a selected gear, operate the transmission at one of the
test points from paragraph (d) of this section for at least 10 seconds.
Measure the speed and torque of the input and output shafts for at
least 10 seconds. You may omit measurement of output shaft speeds if
your transmission is configured to not allow slip. Calculate arithmetic
mean values for mean input shaft torque, Tin, mean output
shaft torque, Tout, mean input shaft speed, fnin,
and mean output shaft speed, fnout, for each point in the
test matrix for each test. Repeat this stabilization, measurement, and
calculation for the other speed and torque setpoints from the test
matrix for the selected gear in any sequence. Calculate power loss as
described in paragraph (f) of this section based on mean speed and
torque values at each test point.
    (7) Repeat the procedure described in paragraph (e)(6) of this
section for all gears, or for all gears down to a selected gear. This
section refers to an ``operating condition'' to represent operation at
a test point in a specific gear.
    (8) Perform the test sequence described in paragraphs (e)(6) and
(7) of this section three times. You may do this repeat testing at any
given test point before you perform measurements for the whole test
matrix. Remove torque from the transmission input shaft and bring the
transmission to a complete stop before each repeat measurement.
    (9) You may need to perform additional testing at a given operating
condition based on a calculation of a confidence interval to represent
repeatability at a 95% confidence level at that operating condition. If
the confidence interval is greater than 0.10% for loaded tests or
greater than 0.05% for unloaded tests, perform another measurement at
that operating condition and recalculate the repeatability for the
whole set of test results. Continue testing until the confidence
interval is at or below the specified values for all operating
conditions. As an alternative, for any operating condition that does
not meet this repeatability criterion, you may determine a maximum
power loss instead of calculating a mean power loss as described in
paragraph (g) of this section. Calculate a confidence interval
representing the repeatability in establishing a 95% confidence level
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR23SE21.000

Where:

[sigma]Ploss = standard deviation of power loss values at
a given operating condition (see 40 CFR 1065.602(c)).
N = number of repeat tests for an operating condition.
Prated = the transmission's rated input power for a given
gear. For testing in neutral, use the value of Prated for
the top gear.

Example:

[sigma]Ploss = 0.1200 kW
N = 3
Prated = 314.2000 kW

[GRAPHIC] [TIFF OMITTED] TR23SE21.001

Confidence Interval = 0.0432%

    (f) Calculate the mean power Ploss, at each operating
condition as follows:
    (1) Calculate Ploss for each measurement at each
operating condition as follows:

[GRAPHIC] [TIFF OMITTED] TR23SE21.008

Where:

Tin = mean input shaft torque from paragraph (e)(6) of
this section.
fnin = mean input shaft speed from paragraph (e)(6) of
this section in rad/s.
Tout = mean output shaft torque from paragraph (e)(6) of
this section. Let Tout = 0 for all unloaded tests.
fnout = mean output shaft speed from paragraph (e)(6) of
this section in rad/s. Let fnout = 0 for all tests with
the transmission in neutral. See paragraph (f)(2) of this section
for calculating fnout as a function of fnin
instead of measuring fnout.

    (2) For transmissions that are configured to not allow slip, you
may calculate fnout based on the gear ratio using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR23SE21.002

Where:

kg = transmission gear ratio, expressed to at least the
nearest 0.001.

    (3) Calculate Ploss as the mean power loss from all
measurements at a given operating condition.
    (4) The following example illustrates a calculation of
Ploss:

Tin,1 = 1000.0 N[middot]m
fnin,1 = 1000 r/min = 104.72 rad/sec
Tout,1 = 2654.5 N[middot]m
fnout,1 = 361.27 r/min = 37.832 rad/s
Ploss,1 = 1000.0[middot]104.72-2654.5[middot]37.832
Ploss,1 = 4295 W = 4.295 kW
Ploss,2 = 4285 W = 4.285 kW
Ploss,3 = 4292 W = 4.292 kW
[GRAPHIC] [TIFF OMITTED] TR23SE21.003

    (g) Create a table with the mean power loss, Ploss,
corresponding to each operating condition for input into GEM. Also
include power loss in neutral for each tested engine's speed, if
applicable. Express transmission input speed in r/min to one decimal
place; express input torque in N[middot]m to two decimal places;
express power loss in kW to four decimal places. Record the following
values:
[GRAPHIC] [TIFF OMITTED] TR23SE21.009

    (2) For any operating condition not meeting the repeatability
criterion in paragraph (e)(9) of this section, record the maximum value
of Ploss for that operating condition along with the
corresponding values of Tin and fnin.
    (h) Record declared power loss values at or above the corresponding
value calculated in paragraph (f) of this section. Use good engineering
judgment to select values that will be at or above the mean power loss
values for your production transmissions. Vehicle manufacturers will
use these declared mean power loss values for certification.

Sec.  1037.570  [Corrected]

0
2. On page 34488, beginning in the first column, Section 1037.570 is
corrected to read as follows:

Sec.  1037.570  Procedures to characterize torque converters.

    GEM includes input values related to torque converters. This
section describes a procedure for mapping a torque converter's capacity
factors and torque ratios over a range of operating conditions. You may
ask us to approve analytically derived input values based on this
testing for additional untested configurations as described in Sec.
1037.235(h).
    (a) Prepare a torque converter for testing as follows:
    (1) Select a torque converter with less than 500 hours of operation
before the start of testing.
    (2) If the torque converter has a locking feature, unlock it for
all testing performed under this section. If the torque converter has a
slipping lockup clutch, you may ask us to approve a different strategy
based on data showing that it represents better in-use operation.
    (3) Mount the torque converter with a transmission to the
dynamometer in series or parallel arrangement or mount the torque
converter without a transmission to represent a series configuration.
    (4) Add transmission oil according to the torque converter
manufacturer's

instructions, with the following additional specifications:
    (i) If the torque converter manufacturer specifies multiple
transmission oils, select the one with the highest viscosity at
operating temperature. You may use a lower-viscosity transmission oil
if we approve that as critical emission-related maintenance under Sec.
1037.125.
    (ii) Fill the transmission oil to a level that represents in-use
operation. If you are testing the torque converter without the
transmission, keep output pressure and the flow rate of transmission
oil into the torque converter within the torque converter
manufacturer's limits.
    (iii) You may use an external transmission oil conditioning system,
as long as it does not affect measured values.
    (5) Install equipment for measuring the bulk temperature of the
transmission oil in the oil sump or a similar location and at the
torque converter inlet. If the torque converter is tested without a
transmission, measure the oil temperature at the torque converter
inlet.
    (6) Break in the torque converter and transmission (if applicable)
using good engineering judgment. Maintain transmission oil temperature
at (87 to 93) [deg]C. You may ask us to approve a different range of
transmission oil temperatures if you have data showing that it better
represents in-use operation.
    (b) Measure pump and turbine shaft speed and torque as described in
40 CFR 1065.210(b). You must use a speed measurement system that meets
an accuracy of 0.1% of point or 1 r/min,
whichever is greater. Use torque transducers that meet an accuracy of
1.0% of the torque converter's maximum rated input and
output torque, respectively. Calibrate and verify measurement
instruments according to 40 CFR part 1065, subpart D. Command speed and
torque at a minimum of 10 Hz. Record all speed and torque data at a
minimum of 1 Hz mean values. Note that this section relies on the
convention of describing the input shaft as the pump and the output
shaft as the turbine shaft.
    (c) Determine torque converter characteristics based on a test
matrix using either constant input speed or constant input torque as
follows:
    (1) Constant input speed. Test at constant input speed as follows:
    (i) Select a fixed pump speed, [fnof]npum, between (1000
and 2000) r/min.
    (ii) Test the torque converter at multiple speed ratios, v, in the
range of v = 0.00 to v = 0.95. Use a step width of 0.10 for the range
of v = 0.00 to 0.60 and 0.05 for the range of v = 0.60 to 0.95.
Calculate speed ratio, v, as turbine shaft speed divided by pump speed.
    (2) Constant input torque. Test at constant input torque as
follows:
    (i) Set the pump torque, Tpum, to a fixed positive value
at [fnof]npum = 1000 r/min with the torque converter's
turbine shaft locked in a non-rotating state (i.e., turbine's speed,
ntur, = 0 r/min).
    (ii) Test the torque converter at multiple speed ratios, v, in the
range of v = 0.00 up to a value of [fnof]ntur that covers
the usable range of v. Use a step width of 0.10 for the range of v =
0.00 to 0.60 and 0.05 for the range of v = 0.60 to 0.95.
    (3) You may limit the maximum speed ratio to a value below 0.95 if
you have data showing this better represents in-use operation. You must
use the step widths defined in paragraph (c)(1) or (2) of this section
and include the upper limit as a test point. If you choose a value less
than 0.60, you must test at least seven evenly distributed points
between v = 0 and your new upper speed ratio.
    (d) Characterize the torque converter using the following
procedure:
    (1) Maintain ambient temperature between (15 and 35) [deg]C
throughout testing. Measure ambient temperature within 1.0 m of the
torque converter.
    (2) Maintain transmission oil temperature as described in paragraph
(a)(6) of this section. You may use an external transmission oil
conditioning system, as long as it does not affect measured values.
    (3) Use good engineering judgment to warm up the torque converter
according to the torque converter manufacturer's specifications.
    (4) Test the torque converter at constant input speed or constant
input torque as described in paragraph (c) of this section. Operate the
torque converter at v = 0.00 for (5 to 60) seconds, then measure pump
torque, turbine shaft torque, angular pump speed, angular turbine shaft
speed, and the transmission oil temperature at the torque converter
inlet for (5 to 15) seconds. Calculate arithmetic mean values for pump
torque, Tpum, turbine shaft torque, Ttur, angular
pump speed, fnpum, and angular turbine shaft speed,
fntur, over the measurement period. Repeat this
stabilization, measurement, and calculation for the other speed ratios
from the test matrix in order of increasing speed ratio. Adjust the
speed ratio by increasing the angular turbine shaft speed.
    (5) Complete a test run by performing the test sequence described
in paragraph (d)(4) of this section two times.
    (6) Invalidate the test run if the difference between the pair of
mean torque values for the repeat tests at any test point differ by
more than 1 N[middot]m or by more than 5% of
the average of those two values. This paragraph (d)(6) applies
separately for mean pump torque and mean turbine shaft torque at each
test point.
    (7) Invalidate the test run if any calculated value for mean
angular pump speed does not stay within 5 r/min of the
speed setpoint or if any calculated value for mean pump torque does not
stay within 5 N[middot]m of the torque setpoint.
    (e) Calculate the mean torque ratio, l, at each tested speed ratio,
v, as follows:
    (1) Calculate at each tested speed ratio as follows:
    [GRAPHIC] [TIFF OMITTED] TR23SE21.004

Where:

Ttur = mean turbine shaft torque from paragraph (d)(4) of
this section.
Tpum = mean pump torque from paragraph (d)(4) of this
section.

    (2) Calculate l as the average of the two values of l at each
tested speed ratio.
    (3) The following example illustrates a calculation of l:

Ttur,v=0,1 = 332.4 N[middot]m
Tpum,v=0,1 = 150.8 N[middot]m
Ttur,v=0,2 = 333.6 N[middot]m
Tpum,v=0,2 = 150.3 N[middot]m
[GRAPHIC] [TIFF OMITTED] TR23SE21.005

    (f) Calculate the mean capacity factor, k, at each tested speed
ratio, v, as follows:
    (1) Calculate K at each tested speed ratio as follows:
    [GRAPHIC] [TIFF OMITTED] TR23SE21.006

Where:

fnpum = mean angular pump speed from paragraph (d)(4) of
this section.
Tpum = mean pump torque from paragraph (d)(4) of this
section.

    (2) Calculate k as the average of the two values of K at each
tested speed ratio.
    (3) The following example illustrates a calculation of k:

fnpum,v=0,1 = fnpum,v=0,2 = 1000.0 r/min
Tpum,v=0,1 = 150.8 N[middot]m
[GRAPHIC] [TIFF OMITTED] TR23SE21.007

    (g) Create a table of GEM inputs showing l and k at each tested
speed ratio, v. Express l to two decimal places; express k to one
decimal place; express v to two decimal places.

[FR Doc. C1-2021-05306 Filed 9-22-21; 8:45 am]
BILLING CODE 0099-10-D


[Federal Register: October 23, 2008 (Volume 73, Number 206)]
[Proposed Rules]
[Page 63096-63098]
[DOCID:fr23oc08-20]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1120; Directorate Identifier 2008-CE-064-AD]
RIN 2120-AA64

Airworthiness Directives; Air Tractor, Inc. Models AT-200, AT-
300, AT-400, AT-500, AT-600, and AT-800 Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2008-11-
17, which applies to certain Air Tractor, Inc. Models AT-200, AT-300,
AT-400, AT-500, AT-600, and AT-800 series airplanes. AD 2008-11-17
currently requires you to install an overturn skid plate kit or a
modification to the overturn skid plate already installed. Since we
issued AD 2008-11-17, the manufacturer has notified us that Model AT-
401B airplanes also require a modification to the overturn skid plate.
Consequently, this proposed AD would retain the actions of AD 2008-11-
17 and add the requirement to modify the overturn skid plate installed
on Model AT-401B airplanes. We are proposing this AD to prevent the
front and rear connections of the overturn skid plate to the airplane
from breaking, which could allow foreign debris to enter the cockpit
during an airplane overturn. This condition, if not corrected, could
lead to pilot injury.

DATES: We must receive comments on this proposed AD by November 24,
2008.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact Air
Tractor, Inc., P.O. Box 485, Olney, Texas 76374; telephone: (940) 564-
5616; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet:
http://www.airtractor.com.

FOR FURTHER INFORMATION CONTACT: Andy McAnaul, Aerospace Engineer, ASW-
150, FAA San Antonio MIDO-43, 10100 Reunion Pl., Ste. 650, San Antonio,
Texas 78216; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include the docket number, ``FAA-
2008-1120; Directorate Identifier 2008-CE-064-AD'' at the beginning of
your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of the proposed
AD. We will consider all comments received by the closing date and may
amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each

substantive verbal contact we receive concerning this proposed AD.

Discussion

    Reports of foreign material entering the cabin area during an
overturn skid on Air Tractor, Inc. (Air Tractor) AT-301 and AT-401
series airplanes caused us to issue AD 2002-25-09, Amendment 39-12985
(67 FR 78156, December 23, 2002). AD 2002-25-09 required you to install
overturn skid plate, part number (P/N) 11411-1-500 or an FAA-approved
equivalent P/N. The manufacturer incorporated skid plates in some
production models including Models AT-401B, AT-402B, AT-502B, AT-602,
and AT-802A airplanes.
    Since we issued AD 2002-25-09, we received a report of the bolts
breaking in an overturn accident where they attach the forward end of
the original design overturn skid plate to the airframe. This allowed
the skid plate to rotate around the rear attach point and the forward
end of the plate to enter the cockpit area. This report caused us to
issue AD 2008-11-17, Amendment 39-15540 (73 FR 31351, June 2, 2008). AD
2008-11-17 currently retains the actions of AD 2002-25-09 and requires
you to install a modification kit if certain overturn skid plates are
already installed.
    Since we issued AD 2008-11-17, the manufacturer has notified us
that Model AT-401B airplanes also require a modification to the
overturn skid plane. Consequently, this proposed AD would retain the
actions of AD 2008-11-17 and add the requirement to modify the overturn
skid plate installed on Model AT-401B airplanes.
    We are proposing this AD to prevent the front and rear connections
of the overturn skid plate to the airplane from breaking, which could
allow foreign debris to enter the cockpit during an airplane overturn.
This condition, if not corrected, could lead to pilot injury.

Relevant Service Information

    We have reviewed Snow Engineering Company Service Letter
97, Revised September 19, 2008.
    The service information describes procedures for:
     Modifying the overturn skid plate by enlarging the
mounting holes and replacing existing clamps and hardware on airplanes
with the overturn skid plate installed; and
     Installing the overturn skid plate for airplanes that do
not have the overturn skid plate currently installed.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This proposed AD
would supersede AD 2008-11-17 with a new AD that would retain the
actions of AD 2008-11-17 and add the requirement to modify the overturn
skid plate installed on Model AT-401B airplanes. This proposed AD would
require you to use the service information described previously to
perform these actions.

Costs of Compliance

    We estimate that this proposed AD would affect 1,309 airplanes in
the U.S. registry.
    In determining the total cost on U.S. operators, we presume all
airplanes in the U.S. fleet have an overturn skid plate installed (as
required by AD 2002-25-09) and the only cost is to incorporate the
modification kit P/N 11411-1-501. We estimate the following costs to do
the proposed modification of installing the overturn skid plate
modification kit P/N 11411-1-501 to those planes that currently have
the overturn skid plate installed:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost per   Total cost on
                          Labor cost                              Parts cost        airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $80 per hour = $160...........................             $42             $202         $264,418
----------------------------------------------------------------------------------------------------------------

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

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the
regulatory evaluation, any comments received, and other information 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 Docket Office (telephone<PHONE_NUMBER>)
is located at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by removing Airworthiness Directive
(AD) 2008-11-17, Amendment 39-15540 (73 FR 31351, June 2, 2008), and
adding the following new AD:

Air Tractor, Inc.: Docket No. FAA-2008-1120; Directorate Identifier
2008-CE-064-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive
(AD) action by November 24, 2008.

Affected ADs

    (b) This AD supersedes AD 2008-11-17, Amendment 39-15540.

Applicability

    (c) This AD applies to the following airplane models and serial
numbers that are certificated in any category:

------------------------------------------------------------------------
          Group 1 models                         Serial Nos.
------------------------------------------------------------------------
AT-250, AT-300, AT-301, AT-302, AT- -0001 through -1196.
 400, AT-400A, AT-401, AT-401A, AT-
 402, AT-402A, and AT-402B.
AT-501, AT-502, AT-502A, and AT-    -0001 through -2620.
 502B.
AT-602............................  -0337 through -1153.
AT-802A...........................  -0003 through -0282.
------------------------------------------------------------------------

           Group 2 model                         Serial Nos.
------------------------------------------------------------------------
AT-401B...........................  -0952 through -1196.
------------------------------------------------------------------------

Unsafe Condition

    (d) Since we issued AD 2008-11-17, the manufacturer has notified
us that Model AT-401B airplanes also require a modification to the
overturn skid plate. Consequently, this proposed AD retains the
actions of AD 2008-11-17 and adds the requirement to modify the
overturn skid plate installed on Model AT-401B airplanes. We are
issuing this AD to prevent the front and rear connections of the
overturn skid plate to the airplane from breaking, which could allow
foreign debris to enter the cockpit during an airplane overturn.
This condition, if not corrected, could lead to pilot injury.

Compliance

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

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) For Group 1 airplanes: If     Within the next     Follow Snow
 overturn skid plate part number   180 days after      Engineering Co.
 (P/N) 11411-1-500 or an FAA-      July 7, 2008 (the   Service Letter
 approved equivalent P/N is        effective date of   97,
 already installed then install    AD 2008-11-17).     revised November
 P/N 11411-1-501 modification                          7, 2007; or Snow
 kit.                                                  Engineering Co.
                                                       Service Letter
                                                       97,
                                                       revised September
                                                       19, 2008.
(2) For Group 1 airplanes: If     Within the next     Follow Snow
 there is no overturn skid plate   180 days after      Engineering Co.
 installed, then install           July 7, 2008 (the   Service Letter
 overturn skid plate kit P/N       effective date of   97,
 11411-1-502 or an FAA-approved    AD 2008-11-17).     revised November
 equivalent part number.                               7, 2007; or Snow
                                                       Engineering Co.
                                                       Service Letter
                                                       97,
                                                       revised September
                                                       19, 2008.
(3) For Group 2 airplanes:        Within the next     Follow Snow
 Install P/N 11411-1-501           180 days after      Engineering Co.
 modification kit.                 the effective       Service Letter
                                   date of this AD.    97,
                                                       revised September
                                                       19, 2008.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Fort Worth Airplane Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Andy
McAnaul, Aerospace Engineer, ASW-150, FAA San Antonio MIDO-43, 10100
Reunion Pl., Ste. 650, San Antonio, Texas 78216; telephone: (210)
308-3365; fax:<PHONE_NUMBER>. Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.

Related Information

    (g) To get copies of the service information referenced in this
AD, contact Air Tractor Inc., P.O. Box 485, Olney, Texas 76374;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet: http://www.airtractor.com. To view
the AD docket, go to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
http://www.regulations.gov.

    Issued in Kansas City, Missouri, on October 14, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-25286 Filed 10-22-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Pages 71531-71533]
[FR Doc No: 2021-27180]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93748; File No. SR-NYSE-2021-70]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Its Price List To Eliminate the Underutilized Supplemental
Liquidity Provider National Best Bid and Offer Setter Tier Credits

December 10, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on November 30, 2021, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend its Price List to eliminate the
underutilized Supplemental Liquidity Provider (``SLP'') National Best
Bid and Offer (``NBBO'') Setter Tier credits. The proposed rule change
is available on the Exchange's website at www.nyse.com, at the
principal office of the Exchange, 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, the self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend its Price List to eliminate the
underutilized SLP NBBO Setter Tier credits.
    The Exchange proposes to implement the rule change on December 1,
2021.
    The Exchange adopted the SLP NBBO Setter Tier in August 2020 for
securities with a per share price of $1.00 or above that offers four
sets of tiered credits for orders from SLPs that set the NBBO or
provide other displayed liquidity in Tape A, B and C Securities, on a
monthly basis, in addition to the tiered or non-tiered SLP credit for
adding displayed liquidity. The purpose of the change was to
incentivize member organizations that are SLPs to increase aggressively
priced liquidity-providing orders that improve the market by setting
the NBBO, thereby encouraging higher levels of liquidity that would
support the quality of price discovery on the Exchange consistent with
the overall goal of enhancing market quality.\4\
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    \4\ See Securities Exchange Act Release No. 89754 (September 2,
2020), 85 FR 55550, 55554 (September 8, 2020) (SR-NYSE-2020-71)
(adopting SLP NBBO Setter credits applicable to SLPs and member
organizations affiliated with SLPs); Securities Exchange Act Release
No. 90947 (January 19, 2021), 86 FR 7138 (January 26, 2021) (SR-
NYSE-2021-02) (restricting SLP NBBO Setter credits to member
organizations that are SLPs).
---------------------------------------------------------------------------

    The Exchange proposes to eliminate and remove the SLP NBBO Setter
Tier credits from the Price List. The credits have been underutilized
by member organizations insofar as only one SLP has achieved any of the
four tiers since the tiers were adopted and that firm's volume has
declined over time. Moreover, no SLP has achieved the higher levels of
liquidity or sent in additional liquidity to support the quality of
price discovery on the Exchange that the Exchange expected when
adopting the tiers. The Exchange does not anticipate that any
additional member organization in the near future would qualify for the
tiered credits that are the subject of this proposed rule change.
    The proposed change is not otherwise intended to address any other
issues, and the Exchange is not aware of any problems that member
organizations

would have in complying with the proposed changes.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\6\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) & (5).
---------------------------------------------------------------------------

The Proposed Change Is Reasonable
    The Exchange believes that the proposed elimination of the
underutilized SLP NBBO Setter Tier credits for member organizations
that are SLPs is reasonable because member organizations have
underutilized these incentives. As noted, only one SLP has achieved any
of the four tiers since the tiers were adopted and that firm's volume
has declined over time. Moreover, no SLP has achieved the higher levels
of liquidity or sent in additional liquidity to support the quality of
price discovery on the Exchange that the Exchange expected when
adopting the tiers. The Exchange does not anticipate that any
additional member organization in the near future would qualify for the
tiered credits that are the subject of this proposed rule change. The
Exchange believes it is reasonable to eliminate credits when such
incentives become underutilized. The Exchange also believes eliminating
underutilized incentives would add clarity and transparency to the
Price List.
The Proposal Is an Equitable Allocation of Fees
    The Exchange believes the proposal equitably allocates fees among
its market participants because the underutilized credits the Exchange
proposes to eliminate would be eliminated in their entirety, and would
no longer be available to any member organization in any form.
Similarly, the Exchange believes the proposal equitably allocates fees
among its market participants because elimination of the underutilized
credits would apply to all similarly-situated member organizations that
are SLPs on an equal basis. All such member organizations would
continue to be subject to the same fee structure, and access to the
Exchange's market would continue to be offered on fair and
nondiscriminatory terms.
The Proposal Is Not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory because it neither targets nor will it have a disparate
impact on any particular category of market participant. The Exchange
believes that the proposal is not unfairly discriminatory because the
proposed elimination of the underutilized NBBO Setter Tier credits
would affect all similarly-situated market participants on an equal and
non-discriminatory basis. The Exchange believes that eliminating
credits that are underutilized and ineffective would no longer be
available to any member organization on an equal basis. The Exchange
also believes that the proposed change would protect investors and the
public interest because the deletion of underutilized credits would
make the Price List more accessible and transparent.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\7\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, as discussed above, the proposal relates
to the elimination of an underutilized credits and, as such, would not
have any impact on intra- or inter-market competition because the
proposed change is solely designed to accurately reflect the services
that the Exchange currently offers, thereby adding clarity to the Price
List.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 protected]. Please include
File Number SR-NYSE-2021-70 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-NYSE-2021-70. 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 website (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 website 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 the Exchange. All comments received will be posted
without change. Persons submitting comments are cautioned that we do
not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSE-2021-70, and should be submitted on or before January 6, 2022.
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-27180 Filed 12-15-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Notices]
[Page 44854]
[FR Doc No: 2016-16236]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP16-64-000]

ANR Pipeline Company; Notice of Schedule for Environmental Review
of the Collierville Expansion Project

    On January 20, 2016, ANR Pipeline Company (ANR) filed an
application in Docket No. CP16-64-000 requesting a Certificate of
Public Convenience and Necessity pursuant to section 7(c) of the
Natural Gas Act to construct and operate certain natural gas pipeline
facilities. The proposed project is known as the Collierville Expansion
Project (Project). The Project would expand the delivery capability of
the existing Collierville Meter Station by an additional 200,000
dekatherms per day, enabling ANR to provide requested service to the
Tennessee Valley Authority's pending Allen Combined Cycle Power Plant
in Memphis, Tennessee.
    On February 3, 2016, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
Environmental Assessment (EA) for the Project. This instant notice
identifies the FERC staff's planned schedule for the completion of the
EA for the Project.

Schedule for Environmental Review

Issuance of EA--July 29, 2016
90-day Federal Authorization Decision Deadline--October 27, 2016

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    The Project would consist of the following:
     A new Collierville Compressor Station containing one 4,700
horsepower gas turbine compressor unit and ancillary equipment,
including an emergency generator unit, a condensate tank, new control
building, and compressor building;
     suction and discharge interconnect station piping; and
     upgrades to the existing Collierville Meter Station.

Background

    On February 26, 2016, the Commission issued a Notice of Intent to
Prepare an Environmental Assessment for the Proposed Collierville
Expansion Project and Request for Comments on Environmental Issues
(NOI). The NOI was sent to affected landowners; federal, state, and
local government agencies; elected officials; environmental and public
interest groups; Native American tribes; other interested parties; and
local libraries and newspapers. The Commission did not receive comments
in response to the NOI.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC Web site (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP16-64), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at<EMAIL_ADDRESS>The eLibrary link on the FERC
Web site also provides access to the texts of formal documents issued
by the Commission, such as orders, notices, and rule makings.

    Dated: June 30, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-16236 Filed 7-8-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: March 12, 2008 (Volume 73, Number 49)]
[Notices]
[Page 13276]
[DOCID:fr12mr08-132]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[NHTSA-04-20484]

Insurer Reporting Requirements; Reports under 49 U.S.C. on
Section 33112(c)

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Notice of Availability.

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SUMMARY: This notice announces publication by NHTSA of the annual
insurer report on motor vehicle theft for the 2002 reporting year.
Section 33112(h) of Title 49 of the U.S. Code, requires this
information to be compiled periodically and published by the agency in
a form that will be helpful to the public, the law enforcement
community, and Congress. As required by section 33112(c), this report
provides information on theft and recovery of vehicles; rating rules
and plans used by motor vehicle insurers to reduce premiums due to a
reduction in motor vehicle thefts; and actions taken by insurers to
assist in deterring thefts.

ADDRESSES: Interested persons may obtain a copy of this report or read
background documents by going to http://regulations.dot.gov at any time
or to Room W12-140 on the ground level of the West Building, 1200 New
Jersey Avenue, SE., Washington, DC, 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays. Requests should refer
to Docket No. 2004-20484.

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, 1200
New Jersey Ave., SE., Washington, DC 20590. Ms. Ballard's telephone
number is<PHONE_NUMBER>. Her fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Motor Vehicle Theft Law Enforcement Act
of 1984 (Theft Act) was implemented to enhance detection and
prosecution of motor vehicle theft (Pub. L. 98-547). The Theft Act
added a new Title VI to the Motor Vehicle Information and Cost Savings
Act, which required the Secretary of Transportation to issue a theft
prevention standard for identifying major parts of certain high-theft
lines of passenger cars. The Act also addressed several other actions
to reduce motor vehicle theft, such as increased criminal penalties for
those who traffic in stolen vehicles and parts, curtailment of the
exportation of stolen motor vehicles and off-highway mobile equipment,
establishment of penalties for dismantling vehicles for the purpose of
trafficking in stolen parts, and development of ways to encourage
decreases in premiums charged to consumers for motor vehicle theft
insurance.
    This notice announces publication by NHTSA of the annual insurer
report on motor vehicle theft for the 2002 reporting year. Section
33112(h) of Title 49 of the U.S. Code, requires this information to be
compiled periodically and published by the agency in a form that will
be helpful to the public, the law enforcement community, and Congress.
As required by section 33112(h), this report focuses on the assessment
of information on theft and recovery of motor vehicles, comprehensive
insurance coverage and actions taken by insurers to reduce thefts for
the 2002 reporting period.
    Section 33112 of Title 49 requires subject insurers or designated
agents to report annually to the agency on theft and recovery of
vehicles, on rating rules and plans used by insurers to reduce premiums
due to a reduction in motor vehicle thefts, and on actions taken by
insurers to assist in deterring thefts. Rental and leasing companies
also are required to provide annual theft reports to the agency. In
accordance with 49 CFR 544.5, each insurer, rental and leasing company
to which this regulation applies must submit a report annually not
later than October 25, beginning with the calendar year for which they
are required to report. The report would contain information for the
calendar year three years previous to the year in which the report is
filed. The report that was due by October 25, 2005 contains the
required information for the 2002 calendar year. Interested persons may
obtain a copy of individual insurer reports for CY 2002 by contacting
the U.S. Department of Transportation, Docket Management, 1200 New
Jersey Avenue, SE., West Building, Room W12-140 ground level,
Washington, DC 20590-001. Requests should refer to Docket No. 2004-
20484.
    The annual insurer reports provided under section 33112 are
intended to aid in implementing the Theft Act and fulfilling the
Department's requirements to report to the public the results of the
insurer reports. The first annual insurer report, referred to as the
section 612 Report on Motor Vehicle Theft, was prepared by the agency
and issued in December 1987. The report included theft and recovery
data by vehicle type, make, line, and model which were tabulated by
insurance companies and, rental and leasing companies. Comprehensive
premium information for each of the reporting insurance companies was
also included. This report, the seventeenth, discloses the same subject
information and follows the same reporting format.

    Issued on: March 7, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
 [FR Doc. E8-4939 Filed 3-11-08; 8:45 am]

BILLING CODE 4910-59-P