[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80420-80422]
[FR Doc No: 2015-32385]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76689; File No. SR-BYX-2015-50]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
ALLB Routing and Other Fees for Use of BATS Y-Exchange, Inc.

December 18, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 15, 2015, BATS Y-Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to BYX Rules
15.1(a) and (c) (``Fee Schedule'') to adopt fees for the recently
adopted ALLB routing strategy. The Exchange also proposes to amend the
Fee Codes and Associated Fees table of the Fee Schedule to indicate the
amount of the fees and rebates as five decimal points, rather than four
decimal points, by adding a zero to the end of each fee and rebate.
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    \5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange. A
Member will have the status of a ``member'' of the Exchange as that
term is defined in Section 3(a)(3) of the Act.'' See Exchange Rule
1.5(n).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. 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
ALLB Routing Fees
    The Exchange proposes to adopt fees for the ALLB routing strategy.
In sum, ALLB is a routing option under which the order checks the
System \6\ for available shares and is then sent to the BATS Exchange,
Inc. (``BZX''), EDGA Exchange, Inc. (``EDGA''), and the EDGX Exchange,
Inc. (``EDGX'' collectively with the Exchange, BZX, and EDGA, the ``BGM
Affiliated Exchanges'').\7\ Specifically, an order subject to the ALLB
routing option would execute first against liquidity on the BATS
Book.\8\ Any remainder would then be routed to BZX, EDGA, and/or EDGX
in accordance with the System routing table.\9\
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    \6\ The term ``System'' is defined as ``the electronic
communications and trading facility designated by the Board through
which securities orders of Users are consolidated for ranking,
execution and, when applicable, routing away.'' See Exchange Rule
1.5(aa).
    \7\ See Exchange Rule 11.13(b)(3)(M). See also Securities
Exchange Act Release No. 76457 (November 17, 2015), 80 FR 73026
(November 23, 2015) (SR-BYX-2015-46)
    \8\ The term ``BATS Book'' is defined as ``the System's
electronic file of orders.'' See Exchange Rule 1.5(e).
    \9\ The term ``System routing table'' refers to the proprietary
process for determining the specific trading venues to which the
System routes orders and the order in which it routes them. See
Exchange Rule 11.13(b)(3).
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    The Exchange now proposes to adopt three new fee codes, AA, AX, and
AZ and related fees for the ALLB routing strategy. These fee codes
would enable the Exchange to pass through the rate that BATS Trading,
Inc. (``BATS Trading''), the Exchange's affiliated routing broker-
dealer, would be charged for routing orders to BZX, EDGA, and EDGX.\10\
Each of the proposed fee codes are described as follows:
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    \10\ Orders using the ALLB routing option that execute on the
Exchange would be subject to the Exchange's standard fees and
rebates, unless the Member achieves a volume tiered reduced fee or
enhanced rebate.
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     Fee Code AA. Order routed to EDGA using the ALLB routing
strategy would yield fee code AA and receive a rebate of $0.00200 per
share in securities priced at or above $1.00. Under proposed footnote
11, orders yielding fee code AA in securities priced below $1.00 would
be charged no fee nor would they receive a rebate.
     Fee Code AX. Order routed to EDGX using the ALLB routing
strategy would yield fee code AY and be charged a fee of $0.00290 per
share in securities priced at or above $1.00. Under proposed footnote
12, orders yielding fee code AX in securities priced below $1.00 would
be charged a fee of 0.30% of the transaction's dollar value.
     Fee Code AZ. Order routed to BZX using the ALLB routing
strategy would yield fee code AZ and be charged a fee of $0.00300 per
share in securities priced at or above $1.00. Under proposed footnote
13, orders yielding fee code AZ in securities priced below $1.00 would
be charged a fee of 0.30% of the transaction's dollar value.
    BATS Trading will pass through the above rates to the Exchange and
the Exchange, in turn, will pass through that exact rate to its
Members. The proposed rates would enable the Exchange to equitably
allocate its costs among all Members utilizing the ALLB routing
strategy.
Fee Codes and Associated Fees Table
    The Exchange also proposes to amend the Fee Codes and Associated
Fees table to indicate the amount of the fees and rebates as five
decimal points, rather than four decimal points, by adding a zero to
the end of each fee and rebate, to reflect the order pricing format on
the Exchange's Web site.\11\ The Exchange notes that none of these
changes amend any fee or rebate, nor do they alter the manner in which
it assesses fees or calculates rebates.
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    \11\ The Exchange notes that fee code D already indicates its
related fee as five decimal points.
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Implementation Date
    The Exchange proposes to implement this amendment to its Fee
Schedule on January 4, 2016, but the proposed fee codes and their
associated rates will not be available until January 8, 2016, the date
upon which it announced to Members that it would implement the ALLB
routing strategy.\12\
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    \12\ See BATS Announces ALLB Routing Option, available at http://cdn.batstrading.com/resources/release_notes/2015/BATS-ALL-BATS-
Routing-Strategy-Release-Schedule-Updated.pdf. The Exchange notes
that the fee schedule's date was amended to January 4, 2016 in file
no. SR-BYX-2015-51 (December 8, 2015).

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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\13\ in general, and
furthers the objectives of Section 6(b)(4),\14\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. The Exchange believes that its proposed rates represent an
equitable allocation of reasonable dues, fees, and other charges among
Members and other persons using its facilities because the Exchange
does not levy additional fees or offer additional rebates for orders
that it routes to BZX, EDGA, and EDGX through BATS Trading. The
Exchange believes that its proposed pass through the [sic] rate for
orders that yield fee codes AA, AX or AZ is equitable and reasonable
because it accounts for rate [sic] that BATS Trading would be subject
to for orders it routes and are executed on BZX, EDGA, and EDGX. In
addition, the proposal allows the Exchange to pass-through to its
Members the rate for orders that are routed to BZX, EDGA, and EDGX
using the ALLB routing strategy. Furthermore, the Exchange notes that
routing through BATS Trading is voluntary. Lastly, the Exchange also
believes that the proposed amendment is non-discriminatory because it
applies uniformly to all Members.
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    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the changes to the Fee Codes and
Associated Fees table of the Fee Schedule are reasonable because they
are designed to provide greater transparency to Members with regard to
how the Exchange assesses fees and calculates rebates. The Exchange
notes that none of the proposed changes are designed to amend any fee,
nor alter the manner in which it assesses fees or calculates rebates.
These changes to the Fee Schedule are intended to make the Fee Schedule
clearer and less confusing for investors and eliminate potential
investor confusion, thereby removing impediments to and perfecting the
mechanism of a free and open market and a national market system, and,
in general, protecting investors and the public interest.

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

    This proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. The Exchange does not believe that this change represents a
significant departure from previous pricing offered by the Exchange or
pricing offered by the Exchange's competitors. Additionally, Members
may opt to disfavor the Exchange's pricing if they believe that
alternatives offer them better value. Accordingly, the Exchange does
not believe that the proposed changes will impair the ability of
Members or competing venues to maintain their competitive standing in
the financial markets. The Exchange believes that its proposal to pass
through the rates that BATS Trading would be subject to for orders
routing to BZX, EDGA, and EDGX using the ALLB routing strategy to
Members would increase intermarket competition because it offers
customers an alternative means to route orders to those venues. In
addition, the proposed pricing would not provide any advantage to Users
when routing to BZX, EDGA, and EDGX as compared to other methods of
routing or connectivity available to Users by the Exchange because the
proposed rates are identical to what the Member would be subject to if
it routed to those venues directly. The Exchange believes that its
proposal would not burden intramarket competition because the proposed
rate would apply uniformly to all Members.
    The Exchange believes that the changes to the Fee Codes and
Associated Fees table of the Fee Schedule would not affect intermarket
nor intramarket competition because none of these changes are designed
to amend any fee or alter the manner in which the Exchange assesses
fees or calculates rebates. These changes are intended to provide
greater clarity to Members with regard to how the Exchange access fees
and calculates rebates.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \15\ and paragraph (f) of Rule 19b-4
thereunder.\16\ At any time within 60 days of the filing of the
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.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-BYX-2015-50 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 No. SR-BYX-2015-50. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available
for

inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-BYX-2015-50 and should be
submitted on or before January 14, 2016.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-32385 Filed 12-23-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)]
[Rules and Regulations]
[Pages 32201-32203]
[FR Doc No: 2018-14701]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0757; Product Identifier 2017-SW-022-AD; Amendment
39-19327; AD 2018-14-07]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada Limited
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
serial numbered Bell Helicopter Textron Canada Limited (BHTC) Model 429
helicopters. This AD requires marking a serial number on life-limited
forward spars and actuator fitting assemblies. The actions of this AD
are intended to prevent an unsafe condition on these products.

DATES: This AD is effective August 16, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of August 16,
2018.

ADDRESSES: For service information identified in this final rule,
contact Bell Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir,
Mirabel, Quebec J7J1R4; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(450) 433-0272; or at http://www.bellcustomer.com/files/. You may
review the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321,
Fort Worth, TX 76177. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0757.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0757; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the Transport Canada Civil Aviation (Transport Canada) AD, any
incorporated-by-reference service information, the economic evaluation,
any comments received, and other information. The street address for
Docket Operations (phone:<PHONE_NUMBER>) is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Helene Gandy, Aviation Safety
Engineer, Regulations & Policy Section, Rotorcraft Standards Branch,
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-
5413; email [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    On January 26, 2018, at 83 FR 3628, the Federal Register published
our notice of proposed rulemaking (NPRM), which proposed to amend 14
CFR part 39 by adding an AD that would apply to Bell Model 429
helicopters, serial number (S/N) 57150, 57168, 57176, 57210 through
57216, 57265, 57266, 57267, and 57287, with a forward spar part number
(P/N) 429-031-213-103 or 429-031-213-104 or actuator fitting assembly
P/N 429-031-222-101 or 429-031-222-102 installed.
    The NPRM proposed to require marking a serial number on life-
limited forward spars and actuator fitting assemblies. The proposed
requirements were intended to prevent the forward spar or actuator
fitting assembly from remaining in service after reaching its life
limit. This condition could result in failure of a forward spar or
actuator fitting assembly and subsequent collapse of the landing gear.
    The NPRM was prompted by AD No. CF-2017-02, dated January 16, 2017,
issued by Transport Canada, which is the aviation authority for Canada,
to correct an unsafe condition for Bell Model 429 helicopters, S/N
57150, 57168, 57176, 57210, 57211 through 57216, 57265, 57266, 57267,
and 57287. Transport Canada advises that forward spars P/N 429-031-213-
103 and 429-031-213-104 and actuator fitting assembly P/N 429-031-222-
101 and 429-031-222-102 have life limits of 30,000 and 19,000
Retirement Index Numbers, respectively. However, Transport Canada
states these parts are not serialized, and therefore their accumulated
usage is difficult to track, which creates a risk that these parts
could remain in service beyond their life limits. This condition could
result in failure of the part.

Comments

    We gave the public the opportunity to participate in developing
this AD, but we received no comments on the NPRM.

FAA's Determination

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

Differences Between This AD and the Transport Canada AD

    The Transport Canada AD requires compliance within 12 months from
its effective date, unless already accomplished. This AD requires
compliance within 800 hours time-in-service.

Related Service Information Under 1 CFR Part 51

    We reviewed Bell Helicopter Alert Service Bulletin 429-16-34, dated
November 10, 2016, which specifies

procedures for permanently marking each forward spar and actuator
fitting assembly with the serial number of the helicopter.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Other Related Service Information

    We also reviewed Bell Helicopter Model 429 Maintenance Manual BHT-
429-MM-1, Chapter 4, Airworthiness Limitations Schedule, Revision 26,
dated September 9, 2016, which specifies airworthiness life limits and
inspection intervals for parts installed on Model 429 helicopters.

Costs of Compliance

    We estimate that this AD affects 6 helicopters of U.S. Registry and
that labor costs average $85 per work-hour. We estimate that marking
the forward spars and actuator fitting assemblies requires 1 work-hour,
and no parts are needed. Based on these estimates, we expect a total
cost of $85 per helicopter and $510 for the U.S. fleet.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2018-14-07 Bell Helicopter Textron Canada Limited: Amendment 39-
19327; Docket No. FAA-2017-0757; Product Identifier 2017-SW-022-AD.

(a) Applicability

    This AD applies to Bell Helicopter Textron Canada Limited Model
429 helicopters, serial number (S/N) 57150, 57168, 57176, 57210
through 57216, 57265, 57266, 57267, and 57287, with a forward spar
part number (P/N) 429-031-213-103 or 429-031-213-104 or actuator
fitting assembly P/N 429-031-222-101 or 429-031-222-102 installed,
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a forward spar or
actuator fitting assembly remaining in service after reaching its
life limit. This condition could result in failure of a forward spar
or actuator fitting assembly and subsequent collapse of the landing
gear.

(c) Effective Date

    This AD becomes effective August 16, 2018.

(d) Compliance

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

(e) Required Actions

    (1) Within 800 hours time-in-service, clean and identify each
forward spar and actuator fitting assembly with the helicopter
serial number in accordance with the Accomplishment Instructions,
paragraphs 3 through 5 and with reference to Figure 1 of Bell
Helicopter Alert Service Bulletin 429-16-34, dated November 10,
2016.
    (2) After the effective date of this AD, do not install a
forward spar P/N 429-031-213-103 or 429-031-213-104 or actuator
fitting assembly P/N 429-031-222-101 or 429-031-222-102 on any
helicopter unless it has been marked with a serial number in
accordance with paragraph (e)(1) of this AD.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, FAA, may approve
AMOCs for this AD. Send your proposal to: Helene Gandy, Aviation
Safety Engineer, Regulations & Policy Section, Rotorcraft Standards
Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone
(817) 222-5413; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    (1) Bell Helicopter Model 429 Maintenance Manual BHT-429-MM-1,
Chapter 4, Airworthiness Limitations Schedule, Revision 26, dated
September 9, 2016, which is not incorporated by reference, contains
additional information about the subject of this AD. For service
information identified in this AD, contact Bell Helicopter Textron
Canada Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J1R4;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or
at http://www.bellcustomer.com/files/. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177.
    (2) The subject of this AD is addressed in Transport Canada AD
No. CF-2017-02, dated January 16, 2017. You may view the Transport
Canada AD on the internet at http://www.regulations.gov in Docket
No. FAA-2017-0757.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 1100, Placards and
Markings.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Bell Helicopter Alert Service Bulletin 429-16-34, dated
November 10, 2016.

    (ii) Reserved.
    (3) For Bell Helicopter Textron Canada Limited service
information identified in this AD, contact Bell Helicopter Textron
Canada Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J1R4;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or
at http://www.bellcustomer.com/files/.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on June 1, 2018.
James A. Grigg,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2018-14701 Filed 7-11-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Proposed Rules]
[Pages 14338-14339]
[FR Doc No: 2015-06126]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2015-0134; FRL-9924-43-Region 7]

Approval and Promulgation of Air Quality Implementation Plans;
State of Missouri; Reporting Emission Data, Emission Fees and Process
Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the State Implementation Plan (SIP) and the
Operating Permits Program for the State of Missouri submitted on
October 2, 2013. These revisions remove definitions that were in this
rule but have been moved to the state's general definitions rule. These
revisions also clarify the information required in emission reports and
clarify the types and frequency of reports for the emission inventory.
In addition, a revision to the emission fees section of this rule is
being clarified so that the current emissions fee is only applicable
for years 2013, 2014, and 2015 as set by Missouri statute.

DATES: Comments on this proposed action must be received in writing by
April 20, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0134, by mail to Paula

Higbee, Environmental Protection Agency, Air Planning and Development
Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. Comments may also
be submitted electronically or through hand delivery/courier by
following the detailed instructions in the ADDRESSES section of the
direct final rule located in the rules section of this Federal
Register.

FOR FURTHER INFORMATION CONTACT: Paula Higbee, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of the Federal
Register, EPA is approving the state's SIP and Title V revisions to 10
C.S.R. 10-6.110 ``Reporting Emission Data, Emission Fees, and Process
Information'' as a direct final rule without prior proposal because the
Agency views this as a noncontroversial revision amendment and
anticipates no relevant adverse comments to this action. A detailed
rationale for the approval is set forth in the direct final rule. If no
relevant adverse comments are received in response to this action, no
further activity is contemplated in relation to this action. If EPA
receives relevant adverse comments, the direct final rule will be
withdrawn and all public comments received will be addressed in a
subsequent final rule based on this proposed action. EPA will not
institute a second comment period on this action. Any parties
interested in commenting on this action should do so at this time.
Please note that if EPA receives adverse comment on part of this rule
and if that part can be severed from the remainder of the rule, EPA may
adopt as final those parts of the rule that are not the subject of an
adverse comment. For additional information, see the direct final rule
which is located in the rules section of this Federal Register.

List of Subjects

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.

40 CFR Part 70

    Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Operating permits, Reporting and
recordkeeping requirements.

    Dated: March 4, 2015.
Mark J. Hague,
Acting Regional Administrator, Region 7.
[FR Doc. 2015-06126 Filed 3-18-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Pages 53642-53643]
[FR Doc No: 2018-23167]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-0790]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0006

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an

extension of its approval for the following collection of information:
1625-0006, Shipping Articles; without change. Our ICR describes the
information we seek to collect from the public. Before submitting this
ICR to OIRA, the Coast Guard is inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before December 24,
2018.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2018-0790] to the Coast Guard using the Federal
eRulemaking Portal at https://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710,
Washington, DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise this ICR or decide not to seek an
extension of approval for the Collection. We will consider all comments
and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2018-0790], and
must be received by December 24, 2018.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Shipping Articles.
    OMB Control Number: 1625-0006.
    Summary: Title 46 United States Code Sec.  10302 and 10502 and
Title 46 Code of Federal Regulations (CFR) 14.201 requires applicable
owners, charterers, managing operators, masters, or individuals in
charge to make a shipping agreement in writing with each seaman before
the seaman commences employment. Additionally 46 CFR 14.313 requires
shipping companies to submit to the Coast Guard Shipping Articles three
years after the article was generated; or submitted by shipping
companies that go out of business or merges with another company; or
upon request by the Coast Guard. Upon receipt and acceptance, Shipping
Articles are transferred and archived at the Federal Records Center in
Suitland, Maryland.
    Need: This collection provides verification, identification,
location and employment information of U.S. merchant mariners to the
following: (1) Federal, state and local law enforcement agencies for
use in criminal or civil law enforcement purposes, (2) shipping
companies, (3) labor unions, (4) seaman's authorized representatives,
(5) seaman's next of kin, (6) whenever the disclosure of such
information would be in the best interest of the seaman or his/her
family.
    Forms: CG-705A; Shipping Articles.
    Respondents: Shipping companies.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated annual burden remains 18,000
hours a year.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: October 18, 2018.
James D. Roppel,
U.S. Coast Guard, Acting Chief, Office of Information Management.
[FR Doc. 2018-23167 Filed 10-23-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: September 3, 2010 (Volume 75, Number 171)]
[Notices]
[Page 54221-54222]
[DOCID:fr03se10-126]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

RTCA NextGen Advisory Committee (NAC)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA NextGen Advisory Committee (NAC).

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

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA NextGen Advisory Committee (NAC).

DATES: The meeting will be held September 23, 2010, from 8:30 a.m. to
11:30 a.m.

ADDRESSES: The meeting will be held at Bessie Coleman Room, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591.
    METRO: L'Enfant Plaza Station (Use 7th & Maryland Exit).

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for the NextGen Advisory Committee meeting. The agenda
will include:
     Opening Plenary (Welcome and Introductions).
     Review Terms of Reference and Initial Tasking.
     Overview of NextGen--Setting the stage for Committee
actions.
     RTCA Task Force 5 Recommendations.
     FAA Actions and Activities.
     International Perspective.
     Close-out ATMAC Action Items.
     Trajectory Ops WG Recommendations.
     Tracking August 4th ATMAC Recommendations going forward.
     RTCA Joint WG Metroplex Recommendations.
     Discussion of Initial Task.
     Discussion of Requested New WG Tasks.
     Review Working Subcommittee.
     Overview of ATMAC Workgroups and Discussion of Required
Skills and Expertise for Future Workgroups.
     Set Meeting Dates for 2011.
     Closing Plenary (Other Business, Adjourn).
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FUTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on August 30, 2010.
Robert L. Bostiga,
RTCA Advisory Committee.
[FR Doc. 2010-22098 Filed 9-2-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 16, 2006 (Volume 71, Number 51)]
[Rules and Regulations]
[Page 13549-13551]
[DOCID:fr16mr06-9]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-TX-0016; FRL-8045-5]

Approval and Promulgation of Air Quality Implementation Plans;
Texas; Permits by Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
for the State of Texas. This action removes a provision from the Texas
SIP which provided public notice for concrete batch plants which were
constructed under a permit by rule (PBR). On September 1, 2000, Texas
replaced the PBR for concrete batch plants with a standard permit for
concrete batch plants. The standard permit for concrete batch plants
also requires public notice for concrete batch plant subject to the
standard permit. Texas maintained the public notice requirements of its
PBR to assure that proper procedures were followed for concrete batch
plants that were permitted under the PBR prior to the effective date of
the standard permit. All authorization requests for concrete batch
plants which were constructed under the PBR have now been resolved and
the public notice and comment provisions under the PBR are no longer
needed.

DATES: This rule is effective on April 17, 2006.

ADDRESSES: EPA has established a docket for this action under Regional
Material in EDocket (RME) Docket ID No. R06-OAR-2005-TX-0016. All
documents in the docket are listed in the Regional Material in EDocket
(RME) index at http://docket.epa.gov/rmepub/, once in the system,

select ``quick search,'' then key in the appropriate RME Docket
identification number. 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 RME or in hard copy at
the Air Permit Sections (6PD-R), Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays
except for legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below to make an appointment. If
possible, please make the appointment at least two working days in
advance of your visit. There will be a 15 cent per page fee for making
photocopies of documents. On the day of the visit, please check in at
the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas,
Texas.
    The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
    Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Stanley M. Spruiell, Air Permits
Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>;
fax number<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA. Outline:

I. What Action Are We Taking?
II. What Is a State Implementation Plan?
III. What Does Federal Approval of a SIP Mean to Me?
IV. What Is the Background for This Action?
V. Why Are We Approving the Removal of Section 106.5?
VI. What Comment Did We Receive and What Is Our Response to the
Comment?
VII. Final Action
VIII. Statutory and Executive Order Reviews

I. What Action Are We Taking?

    This action removes 30 Texas Administrative Code (TAC), section
106.5 from the Texas SIP. This section provided public notice for
concrete batch plants that were constructed under a PBR.\1\ On
September 1, 2000, Texas replaced the PBR for concrete batch plants
with a standard permit \2\ for concrete batch plants. The standard
permit for concrete batch plants also requires public notice for
concrete batch plants which are subject to the standard permit. Texas
had maintained the public notice requirements of section 106.5 to
assure that proper procedures were followed for concrete batch plants
that were permitted under the PBR process prior to the effective date
of the standard permit. All authorization requests for concrete batch
plants that were constructed under the PBR have now been resolved and
section 106.5 is no longer needed. Texas submitted a SIP revision to
remove section 106.5.
---------------------------------------------------------------------------

    \1\ A PBR is a permit which is adopted under 30 TAC Chapter 106,
which provides an alternative process for approving the construction
of new and modified facilities which Texas Commission on
Environmental Quality has determined will not make a significant
contribution of air contaminants to the atmosphere. These provisions
provide a streamlined mechanism for approving the construction of
certain small sources that would otherwise be required to apply for
and receive a permit before commencing construction or modification.
For further description of Texas regulations concerning PBRs, see
the discussion in our November 14, 2003 approval (68 FR 64544-
64545).
    \2\ A standard permit is a permit which is adopted under 30 TAC
Chapter 116, Subchapter F, which provides an alternative process for
approving the construction of certain categories of new and modified
sources for which the TCEQ has adopted a standard permit. These
provisions provide a streamlined mechanism for approving the
construction of certain sources within categories that contain
numerous similar sources. For further description of Texas
regulations concerning standard permits, see the discussion in our
November 14, 2003 approval (68 FR 64546-64547).
---------------------------------------------------------------------------

II. What Is a State Implementation Plan?

    Section 110 of the Act requires States to develop air pollution
regulations and control strategies to ensure that the state air quality
meets the National Ambient Air Quality Standards (NAAQS) that EPA has
established. Under section 109 of the Act, EPA established the NAAQS to
protect public health. The NAAQS address six criteria pollutants. These
pollutants are: Carbon monoxide, nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide.
    Each state must submit these regulations and control strategies to
us for approval and incorporation into the federally enforceable SIP.
Each state has a SIP designed to protect air quality. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.

III. What Does Federal Approval of a SIP Mean to Me?

    A state may enforce state regulations before and after we
incorporate those regulations into a federally approved SIP. After we
incorporate those regulations into a federally approved SIP, both EPA
and the public may also take enforcement action against violators of
these regulations.

IV. What Is the Background for This Action?

    This action addresses the SIP submittal by Texas to EPA by letter
dated June 28, 2004. In the submittal, Texas submitted its repeal of
section 106.5--Public Notice, which it had adopted June 9, 2004.
    At this time, the Texas has resolved all of the outstanding
authorization requests as explained above; the maintenance of section
106.5 is no longer needed.
    On September 28, 2005 (70 FR 56566), we published a direct final
rule approving the plan revisions that Texas submitted June 28, 2004.
We concurrently published a proposed rulemaking with the direct final
rule (70 FR 56612) and stated that if we received any adverse comment
by the end of the comment period we would withdraw the direct final
rule. We would then respond to the comments when we take final action
on the proposed approval. We received an adverse comment on the direct
final rule before the end of the comment period and consequently
withdrew our direct final rule on November 23, 2005 (70 FR 70736).

V. Why Are We Approving the Removal of Section 106.5?

    40 CFR 51.161 requires public notice prior to approval of any new
or modified source. The process for issuing, revising and removing PBRs
is through rulemaking. A new or revised PBR must undergo public notice
and a 30-day comment period in order to satisfy the requirements of 40
CFR 51.161. The basis for approval of the Texas program for PBR with
regards to these requirements is discussed in our approval of Chapter
106 on November 14, 2003.
    With the creation of the concrete batch plant standard permit,
concrete batch plants are no longer authorized by PBR under Chapter
106. The public notice requirements for concrete batch plants are now
contained in the standard permit, therefore section 106.5 is no longer
needed. The removal of section 106.5 will not affect the obligation for
Texas to provide for public notice when it issues new or revised PBR.
    The standard permit for concrete batch plants was originally issued
in 2000 (effective September 1, 2000) and was later revised in 2003
(effective July 10, 2003). The standard permit for batch concrete
plants contains a provision which requires public notice for concrete
batch plants. This requirement for public participation under the
standard permit satisfies the requirements under 40 CFR 51.161. Our
approval of the public notice provisions for the standard permit for
Texas concrete batch plants is discussed in greater detail in our FR
notice of November 14, 2003. See 68 FR 64547. We found that public
notice provisions in standard permits meet the requirements of 40 CFR
51.161. See 68 FR 64545 and 64547. In addition, the public
participation requirements of the standard permit for concrete batch
plants are reinforced by an additional statutory public notice
requirement under Texas Health and Safety Code, section 382.058.
Consequently, our approval of the removal of section 106.5 is based on
the fact that Texas has provided sufficient regulatory and statutory
safeguards in its standard permit process to provide ample opportunity
for public comment and satisfy the applicable Federal requirements.

VI. What Comment Did We Receive and What Is Our Response to the
Comment?

Comment

    In response to the parallel proposal to our direct final rule, we
received an adverse comment from the public. A citizen commented that
EPA is about to implement a rule that will limit the public notice with
regard to proposed construction of concrete batch plants. The commenter
further stated that this is a violation of his right to know about
things that may affect his life (health), liberty and pursuit of
happiness--a violation of the Constitution of the United States. He
inquired concerning what authority EPA has in this matter and what he
can do to stop this encroachment on public notice.

Response

    Section 110 of the CAA provides for state submission and EPA review
of new and revised SIP submissions. Under section 110(l), a SIP
revision may not be approved if it will interfere with attainment,
reasonable further progress or any other requirement of the Act. The
removal of section 106.5 from the SIP will not interfere with
attainment, reasonable further progress or any other requirement of the
Act. As explained in more detail in the September 2005 direct final
rule, concrete batch plants are no longer subject to the PBR in Chapter
106. Rather, these facilities are subject to a standard permit adopted
by Texas in 2000 and revised in 2003. This standard permit establishes
public participation requirements for concrete batch plants and EPA has
previously found that those public participation requirements are
consistent with what is required by our new source review regulations
in 40 CFR 51.161. See 68 FR 64547 (November 14, 2003). All future
actions will be subject to public participation requirements in the
standard permit and all past actions taken under the PBR have been
resolved. Furthermore, the public participation procedures under the
standard permit will allow the same level of public involvement as the
public participation procedures in section 106.5. Thus, the removal of
section 106.5 from the approved SIP will not interfere with attainment,
reasonable further progress or any other applicable requirement of the
Act.
    For these reasons, the commenter is incorrect that this action will
limit public notice regarding the proposed construction of concrete
batch plants. As discussed in detail in the September 2005, direct
final rule and in our November 2003 action approving the standard
permit, the standard permit requires public participation prior to its
application to a specific facility.

VII. Final Action

    On the basis of the above analysis and evaluation we conclude that
we can remove the provisions of section 106.5 from the SIP on the basis
that Texas replaced the PBR for concrete batch plants which required
public notice, with a standard permit for concrete batch plants that
also requires public notice for concrete batch plants that are subject
to the standard permit.

VIII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the

Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the 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 May 15, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: March 6, 2006.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart SS--Texas

Sec.  52.2270  [Amended]

0
2. The table in Sec.  52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended under Chapter 106, Subchapter A, by removing
the entry for section 106.5, ``Public Notice.''

[FR Doc. 06-2478 Filed 3-15-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: April 20, 2009 (Volume 74, Number 74)]
[Rules and Regulations]
[Page 17902-17905]
[DOCID:fr20ap09-6]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0240]
RIN 1625-AAOO

Safety Zone, Red River, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard Captain of the Port, Marine Safety Unit
Duluth, MN is establishing a temporary safety zone on the Red River,
MN. This safety zone is being established to ensure, to the extent
practicable, the safety of the public. The safety zone prohibits
individuals from entering all navigable waters of the Red River, in the
State of Minnesota, north of a line drawn across latitude
46[deg]20'00'' N, including those portions of the river in Wilkin,
Clay, Norman, Polk, Marshall and Kittson counties, extending to the
United States-Canada international border.

DATES: This rule is effective from 12 p.m. on March 31, 2009 until 5
p.m. on April 24, 2009. If the river conditions change such that
enforcement of the Safety Zone is unnecessary prior to 5 p.m. on April
24, 2009, the COTP will notify the public via a Broadcast Notice to
Mariners.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0240 and are available online
at http://www.regulations.gov. They are also available for inspection
or copying at two locations: the Docket Management Facility (M-30),
U.S. Department of Transportation, 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, and
the Coast Guard Marine Safety Unit Duluth, MN, 600 S. Lake Avenue,
Duluth, MN, 55802 between 7:30 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call LT Aaron Gross, Chief of Port Operations, Marine
Safety Unit Duluth, 600 S. Lake Avenue, Duluth, MN 55802; (218) 720-
5286 Ext. 111. If you have questions on viewing the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be contrary to the
emergency nature for which this safety zone is being established.
Specifically, inclement weather has caused the Red River to flood, and
in an effort to protect the public, to the extent practicable, from the
dangers of the flood it is necessary to publish this temporary rule
without notice and comment.
    For that same reason, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register.

Background and Purpose

    This temporary safety zone is necessary to ensure, to the extent
practicable, the safety of the public from hazards involved with the
flooding of the Red River. Restricted access to the Red River by the
public will help protect persons and property from the dangers
associated with the flooding along the Red River.

Discussion of Rule

    A temporary safety zone is necessary to ensure, to the extent
practicable, the safety of and property from the hazards presented from
the flooding of the Red River. The safety zone will be in effect from
March 31, 2009 until 5 p.m. on April 24, 2009.
    The safety zone will encompass all navigable waters of the Red
River in the State of Minnesota north of a line drawn across latitude
46[deg]20'00'' N, including those portions of the river in Wilkin,
Clay, Norman, Polk, Marshall and Kittson counties, extending to the
United States-Canada international border.
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port Duluth
or his designated on-scene representative. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be in effect only until the Red River is deemed safe to
transit. Further, vessel operators desiring to enter or operate within
the safety zone may contact the Captain of the Port Duluth or his on-
scene representative to seek permission to do so.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
under the Instruction that there are no factors in this case that would
limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. This temporary rule establishes a safety
zone therefore paragraph (34)(g) of the Instruction applies.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. 3306, 3703 and
Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6,
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T09-0240 to read as follows:

Sec.  165.T09-0240  Safety zone; Red River Safety Zone, Red River, MN.

    (a) Location. The following area is a temporary safety zone: all
navigable waters of the Red River in the State of Minnesota north of a
line drawn across latitude 46[deg]20'00'' N, including those portions
of the river in Wilkin, Clay, Norman, Polk, Marshall and Kittson
counties, to the United States--Canada international border.
    (b) Enforcement period. This rule will be enforced from 12 p.m. on
March 31, 2009 until 5 p.m. on April 24, 2009. If the River conditions
change such that enforcement of the Safety Zone is unnecessary prior to
5 p.m. on April 24, 2009, the COTP will notify the public via a
Broadcast Notice to Mariners.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Duluth, or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Duluth or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Duluth or his on-scene
representative to obtain permission to do so. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the Captain

of the Port Duluth or his on-scene representative.

    Dated: March 31, 2009.
M.P. Lebsack,
Commander, U.S. Coast Guard, Captain of the Port, Duluth.
[FR Doc. E9-8911 Filed 4-17-09; 8:45 am]

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