[Federal Register Volume 85, Number 121 (Tuesday, June 23, 2020)]
[Rules and Regulations]
[Pages 37568-37571]
[FR Doc No: 2020-12001]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2019-0537; FRL-10004-07-Region 3]

Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Virginia; Emission Standards for Existing
Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a Clean
Air Act (CAA) section 111(d) plan submitted by the Virginia Department
of Environmental Quality (VADEQ). This plan was submitted to fulfill
the requirements of the CAA and in response to EPA's promulgation of
Emissions Guidelines and Compliance Times for municipal solid waste
(MSW) landfills. The Virginia plan establishes emission limits for
existing MSW landfills and provides for the implementation and
enforcement of those limits.

DATES: This final rule is effective on July 23, 2020. The incorporation
by reference of certain material listed in the rule is approved by the
Director of the Federal Register as of July 23, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-EPA-R03-OAR-2019-0537. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (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 through https://www.regulations.gov, or please
contact

the person identified in the FOR FURTHER INFORMATION CONTACT section
for additional availability information.

FOR FURTHER INFORMATION CONTACT: Cynthia Stahl, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone
number is<PHONE_NUMBER>. Ms. Stahl can also be reached via electronic
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On October 29, 2019 (84 FR 57838), EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Virginia. In the
NPRM, EPA proposed approval of a CAA section 111(d) plan submitted by
the VADEQ. The formal State Plan was submitted by Virginia on August
29, 2019.

II. Summary of State Plan and EPA Analysis

    EPA has reviewed the Virginia section 111(d) plan submittal in the
context of the requirements of 40 CFR part 60, subparts B and Cf, and
part 62, subpart A. In this action, EPA is determining that the
submitted section 111(d) plan meets the above-cited requirements.
Included within the section 111(d) plan are regulations under the
Virginia state rule 9VAC5 Chapter 40 Article 43.1, entitled ``Emission
Standards for Municipal Solid Waste Landfills for which Construction,
Reconstruction, or Modification was Commenced on or before July 17,
2014,'' published on January 9, 2017 and effective on February 22,
2017. A detailed explanation of the rationale behind this proposed
approval is available in the Technical Support Document (TSD).
    Other specific requirements of Virginia's State Plan for MSW
landfills and the rationale for EPA's proposed action are explained in
the NPRM and will not be restated here. Public comments in support of
EPA's proposed action were received on the NPRM.

III. Final Action

    EPA is approving the Virginia section 111(d) plan for MSW landfills
submitted pursuant to 40 CFR part 60, subpart Cf. Therefore, EPA is
amending 40 CFR part 62, subpart VV to reflect this action. The scope
of the approval of the section 111(d) plan is limited to the provisions
of 40 CFR parts 60 and 62 for existing MSW landfills, as referenced in
the emission guidelines, subpart Cf. The EPA Administrator continues to
retain authority for approval of alternative methods to determine the
nonmethane organic compound concentration or a site-specific methane
generation rate constant (k), as stipulated in 40 CFR 60.30f(c), as
well as part 1, ``Discretionary Authority,'' of Virginia's 111(d) plan
submittal.

IV. General Information Pertaining to 111(d) Plan Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.

V. Incorporation by Reference

    In accordance with the requirements of 1 CFR 51.5, EPA is
finalizing regulatory text that includes the incorporation by reference
of Virginia state rules, specifically, 9VAC5-20-21, published on
January 9, 2017 entitled ``Documents incorporated by reference'' and
specifically identified provisions of 9VAC5 Chapter 40 Article 43,
entitled ``Emission Standards for Municipal Solid Waste Landfills, and
Article 43.1, entitled ``Emission Standards for Municipal Solid Waste
Landfills for which Construction, Reconstruction, or Modification was
Commenced on or before July 17, 2014,'' (both published on January 9,
2017) which are part of the CAA section 111(d) plan applicable to
existing MSW landfills in Virginia as discussed in section II of this
preamble. 9VAC5-20-21 sets out the constraints of

incorporation by reference into VA State regulations and contains the
documents that have been IBRed. The regulatory provisions of 9VAC5
Chapter 40 establish emission standards and compliance times for the
control of methane and other organic compounds from certain existing
MSW landfills located in Virginia that commenced construction,
modification, or reconstruction on or before July 17, 2014. These
provisions set forth requirements meeting criteria promulgated by EPA
at 40 CFR part 60, subpart Cf. EPA has made, and will continue to make,
all of the provisions that will be incorporated by reference as well as
the rest of the Virginia plan, generally available through
www.regulations.gov, Docket No. EPA-R03-OAR-2019-0537, and at the EPA
Region III Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). This incorporation by reference has been approved by the
Office of the Federal Register and the Plans are Federally enforceable
under the CAA as of the effective date of this final rulemaking.

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, the Administrator is required to approve
section 111(d) state plan submissions that comply with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7411(d); 40
CFR part 60, subparts B and Cf; and 40 CFR part 62, subpart A. Thus, in
reviewing CAA section 111(d) state plan submissions, the EPA's role is
to approve state choices, provided that they meet the criteria of the
Act and implementing regulations. Accordingly, this action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because this action is not significant under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the State Plan is not approved to apply in Indian country
located in the state, and EPA notes that it will not impose substantial
direct costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 24, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action approving Virginia's State Plan for existing MSW
landfills may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Landfills,
Incorporation by reference, Intergovernmental relations, Methane,
Ozone, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: May 27, 2020.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 62 is amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart VV--Virginia

0
2. Amend Subpart VV by adding after Sec.  62.11652 an undesignated
center heading and Sec. Sec.  62.11660, 62.11661, and 62.11662 to read
as follows:

Emissions From Existing Municipal Solid Waste Landfills--Section 111(d)
Plan

Sec.  62.11660   Identification of plan.

    (a)(1) Control of landfill gas emissions from existing municipal
solid waste landfills, submitted by the Virginia Department of
Environmental Quality on August 29, 2019, to implement 40 CFR part 60,
subpart Cf. The Plan includes regulatory provisions cited in paragraph
(a)(2) of this section, which the EPA incorporates by reference.
    (2) After July 23, 2020, the substantive requirements of the
municipal solid waste landfills state plan are contained in paragraph
(b) of this section and owners and operators of municipal solid waste
landfills in Virginia must comply

with the requirements in paragraph (b) of this section.
    (b) Incorporation by reference:
    (1) The material incorporated by reference in this section was
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. A copy of the material is available at
the EPA Region III office, 1650 Arch Street, Philadelphia, PA 19103,
215-814-5000. Copies may be inspected at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, email<EMAIL_ADDRESS>or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) Virginia Code Commission, Commonwealth of Virginia, Virginia
Register of Regulations, https://register.dls.viriginia.gov.
    (i) 9VAC5-20. General Provisions; 9VAC5-20-21. Documents
incorporated by reference, published January 9, 2017.
    (ii) 9VAC5-40. Existing Stationary Sources, published January 9,
2017:
    (A) Article 43 Emission Standards for Municipal Solid Waste
Landfills (Rule 4-43), published January 9, 2017, excluding 9 VAC5-40-
5800F;
    (B) Article 43.1 Emission Standards for Municipal Solid Waste
Landfills for which Construction, Reconstruction, or Modification was
Commenced on or before July 17, 2014 (Rule 4-43.1), published January
9, 2017, excluding 9VAC5-40-5940, 9VAC5-40-5945, 9VAC5-40-5960 A,
9VAC5-40-5965 A, 9VAC5-40-5970 A, and 9VAC5-40-5980 A.

Sec.  62.11661  Identification of sources.

    The plan in Sec.  62.11640(b) applies to all existing municipal
solid waste landfills under the jurisdiction of the Virginia Department
of Environmental Quality for which construction, reconstruction, or
modification was commenced on or before July 17, 2014.

Sec.  62.11662  Effective date.

    The effective date of the plan submitted on August 29, 2019 by the
Virginia Department of Environmental Quality for municipal solid waste
landfills is July 23, 2020.

[FR Doc. 2020-12001 Filed 6-22-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 184 (Thursday, September 22, 2011)]
[Notices]
[Pages 58852-58853]
[FR Doc No: 2011-24329]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65346; File No. SR-MSRB-2011-16]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing and Immediate Effectiveness of Rule Change To
Extend the Effective Date of the Amendment to the Continuing Disclosure
Service of EMMA To Provide for the Posting of Credit Rating and Related
Information on the EMMA Public Web Site

September 16, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is
hereby given that on September 12, 2011, the Municipal Securities
Rulemaking Board (``Board'' or ``MSRB'') filed with the Securities and
Exchange Commission (``SEC'' or ``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the MSRB. The MSRB has filed the proposal as a ``non-
controversial'' rule change pursuant to Section 19(b)(3)(A)(iii),\3\
and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal
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)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The MSRB is filing with the SEC a proposed rule change to extend
the effective date of the amendment (the ``Amendment'') to the
continuing disclosure service of the MSRB's Electronic Municipal Market
Access system (``EMMA'') to provide for the posting of credit rating
and related information on the EMMA public Web site (the ``original
proposal''), which was approved by the Commission on October 13,
2010.\5\ The Approval Order provided that the original proposal would
be effective no later than one year after the date of the approval
order (i.e., by October 13, 2011). The proposed rule change would
change the effective date of the original proposal to ``no later than
December 31, 2011.''
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    \5\ See SEC Release No. 34-63086, File No. SR-MSRB-2010-03
(October 13, 2010) (``Approval Order'').
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    The text of the proposed rule change is available on the MSRB's Web
site at http://www.msrb.org/Rules-and-Interpretations/SEC-Filings/2011-Filings.aspx, at the MSRB's principal office, and at the Commission's
Public Reference Room.

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

    In its filing with the Commission, the MSRB 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 Board has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The proposed rule change will provide the MSRB with sufficient time
to complete its existing development project related to the continuing
disclosure service of EMMA that would allow for the posting of credit
rating information and related information provided by Nationally
Recognized Statistical Rating Organizations (``NRSROs'') that agree to
participate in the project (the ``credit ratings project''), as
described in the original proposal. The credit ratings project was
designed to provide additional material information to retail investors
and other market participants regarding municipal securities. The MSRB
had previously received the commitment of one NRSRO to participate in
the credit ratings project and is in on-going discussions with a second
NRSRO, which requires additional time to finalize an agreement with the
second NRSRO. The extension of the effective date as proposed in this
proposed rule change would permit the credit ratings project to be
launched with the participation of both NRSROs. Any additional NRSROs
that hereafter agree to participate in the credit ratings project under
the terms of the original proposal would be incorporated into the
credit ratings project in a subsequent phase of development.
2. Statutory Basis
    The MSRB has adopted the proposed rule change pursuant to Section
15B(b)(2)(C) of the Exchange Act, which provides that MSRB's rules
shall:

be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect
to, and facilitating transactions in municipal securities and
municipal financial products, to remove impediments to and perfect
the mechanism of a free and open market in municipal securities and
municipal financial products, and, in general, to protect investors,
municipal entities, obligated persons, and the public interest.

    The MSRB believes that the proposed rule change is consistent with
the Exchange Act. The extension of the effective date of the original
proposal will allow the MSRB sufficient time to complete development of
the credit ratings project as described above, which will remove
impediments to and help perfect the mechanisms of a free and open
market in municipal securities and for municipal financial products,
assist in preventing fraudulent and manipulative acts and practices,
and in general promote investor protection and the public interest by
ensuring equal access for all market participants to critical
information needed by investors in the municipal securities market.

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

    The MSRB does not believe that the proposed rule change will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Exchange Act. Credit ratings and related
information provided on the EMMA public Web site would be available to
all persons

simultaneously. Any credit rating and related information of an NRSRO
would be displayed on the EMMA public Web site only with the agreement
of such NRSRO to such use of its information. The MSRB believes that
the benefits realized by the investing public from the broader and
easier availability of credit rating and related information provided
by NRSROs, including in particular retail investors in municipal
securities, who do not normally have access to information services
customarily used by professional market participants, would justify any
potentially negative impact on such existing information services from
the display of credit rating and related information on the EMMA public
Web site.

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

    Written comments were neither solicited nor received on the
proposed rule change.

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

    The MSRB represented that the proposed rule change qualifies for
immediate effectiveness pursuant to Section 19(b)(3)(A)(iii) of the
Exchange Act \6\ because it: (i) Does not significantly affect the
protection of investors or the public interest; (ii) does not impose
any significant burden on competition; and (iii) does not become
operative for 30 days after filing or such shorter time as the
Commission may designate consistent with the protection of investors
and the public interest. The MSRB provided the required written notice
of its intention to file the proposed rule change to the Commission on
August 31, 2011,\7\ and the proposed rule change will become operative
on October 12, 2011, which is more than 30 days after the filing of the
proposed rule change, or on such earlier date as designated by the
Commission.
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    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ Rule 19b-4(f)(6)(iii) requires a self-regulatory
organization to submit to the Commission written notice of its
intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
MSRB has complied with the requirement.
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    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 Exchange Act.\8\ If the
Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule change should be
approved or disapproved.
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    \8\ See Section 19(b)(3)(C) of the Act, 15 U.S.C. 78s(b)(3)(C).
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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 Exchange Act. Comments may be submitted
by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-MSRB-2011-16 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MSRB-2011-16. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for 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
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the MSRB's offices. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MSRB-2011-16 and should be submitted on
or before October 13, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-24329 Filed 9-21-11; 8:45 am]
BILLING CODE 8011-01-P


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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\81\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\82\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest.
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    \81\ 15 U.S.C. 78f(b).
    \82\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change will
streamline, and bring consistency and uniformity to, the registration
rules, which will, in turn, assist members and their associated persons
in complying with these rules and improve regulatory efficiency. The
proposed rule change will also improve the efficiency of the
examination program, without compromising the qualification standards,
by eliminating duplicative testing of general securities knowledge on
examinations and by removing examinations that currently have limited
utility. In addition, the proposed rule change will expand the scope of
permissive registrations, which, among other things, will allow members
to develop a depth of associated persons with registrations to respond
to unanticipated personnel changes and will encourage greater
regulatory understanding. Further, the proposed rule change will
provide a more streamlined and effective waiver process for individuals
working for a financial services industry affiliate of a member, and it
will require such individuals to maintain specified levels of
competence and knowledge while working in areas ancillary to the
securities business. The proposed rule change will improve the
supervisory structure of firms by imposing an experience requirement
for representatives that are designated by firms to function as
principals for a 120-day period before having to pass an appropriate
principal qualification examination. The proposed rule change will also
prohibit unregistered persons from accepting customer orders under any
circumstances, which will enhance investor protection.
    The Exchange believes that, with the introduction of the SIE and
expansion of the pool of individuals who are eligible to take the SIE,
the proposed rule change has the potential of enhancing the pool of
prospective securities industry professionals by introducing them to
securities laws, rules and regulations and appropriate conduct before
they join the industry in a registered capacity.
    The extension of the Securities Trader registration requirement to
developers of algorithmic trading strategies requires associated
persons primarily responsible for the design, development or
significant modification of an algorithmic trading strategy or
responsible for the day-to-day supervision or direction of such
activities to register and meet a minimum standard of knowledge
regarding the securities rules and regulations applicable to the member
employing the algorithmic trading strategy. This minimum standard of
knowledge is identical to the standard of knowledge currently
applicable to traditional securities traders. The Exchange believes
that improved education of firm personnel may reduce the potential for
problematic market conduct and manipulative trading activity.
    Finally, the proposed rule change makes organizational changes to
the Exchange's registration and qualification rules to align them with
registration and qualification rules of the Nasdaq Affiliated
Exchanges, in order to prevent unnecessary regulatory burdens and to
promote efficient administration of the rules. The change also makes
minor updates and corrections to the Exchange's rules which improve
readability.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change is
designed to ensure that all associated persons of members engaged in a
securities business are, and will continue to be, properly trained and
qualified to perform their functions, will be supervised, and can be
identified by regulators. The proposed new 1200 Series of rules, which
are similar in many respects to the registration-related requirements
adopted by FINRA effective October 1, 2018, should enhance the ability
of member firms to comply with the Exchange's rules as well as with the
Federal securities laws. Additionally, as described above, the Exchange
intends the amendments described herein to eliminate inconsistent
registration-related requirements across the Nasdaq Affiliated
Exchanges, thereby promoting uniformity of regulation across markets.
The new 1200 Series should in fact remove administrative burdens that
currently exist for members seeking to register associated persons on
multiple Nasdaq Affiliated Exchanges featuring varying registration-
related requirements. Additionally, all similarly-situated associated
persons of members will be treated similarly under the new 1200 Series
in terms of standards of training, experience and competence for
persons associated with Exchange members.
    With respect to registration of developers of algorithmic trading
strategies in particular, the Exchange recognizes that the proposal
would impose costs on member firms employing associated persons engaged
in the activity subject to the registration requirement. Specifically,
among other things, additional associated persons would be required to
become registered under the proposal, and the firm would need to
establish policies and procedures to monitor compliance with the
proposed requirement on an ongoing basis. However, given the prevalence
and importance of algorithmic trading strategies in today's markets,
the Exchange believes that associated persons engaged in the activities
covered by this proposal must meet a minimum standard of knowledge
regarding the applicable securities rules and regulations. To mitigate
the costs imposed on member firms, the proposed rule change limits the
scope of registration requirement by excluding technological or
development support personnel who are not primarily responsible for the
covered activities. It also excludes supervisors who are not
responsible for the ``day-to-day'' supervision or direction of the
covered activities.

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

    No written comments were either solicited or received.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of

investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.
    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days from the date of filing. However, Rule
19b-4(f)(6)(iii) \83\ permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange has asked the Commission to waive the
30-day operative delay so that the proposal may become operative on
October 1, 2018 to coincide with the effective date of FINRA's proposed
rule change on which the proposal is based.\84\ The waiver of the
operative delay would make the Exchange's qualification requirements
consistent with those of FINRA, as of October 1, 2018. Therefore, the
Commission believes that the waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest and
hereby waives the 30-day operative delay and designates the proposal
operative on October 1, 2018.\85\
---------------------------------------------------------------------------

    \83\ 17 CFR 240.19b-4(f)(6)(iii).
    \84\ See supra note 5.
    \85\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \86\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \86\ 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-ISE-2018-82 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-ISE-2018-82. 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-ISE-2018-82 and should be submitted on
or before November 5, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\87\
---------------------------------------------------------------------------

    \87\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-22294 Filed 10-12-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Notices]
[Page 50025]
[FR Doc No: 2020-17818]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10013-58-OMS]

Cross-Media Electronic Reporting: Authorized Program Revision
Approval, State of Kansas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the Environmental Protection Agency's
(EPA) approval of the State of Kansas's request to revise/modify
certain of its EPA-authorized programs to allow electronic reporting.

DATES: EPA approves the authorized program revisions/modifications as
of August 17, 2020.

FOR FURTHER INFORMATION CONTACT: Shirley M. Miller, U.S. Environmental
Protection Agency, Office of Information Management, Mail Stop 2824T,
1200 Pennsylvania Avenue NW, Washington, DC 20460,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On October 13, 2005, the final Cross-Media
Electronic Reporting Rule (CROMERR) was published in the Federal
Register (70 FR 59848) and codified as part 3 of title 40 of the CFR.
CROMERR establishes electronic reporting as an acceptable regulatory
alternative to paper reporting and establishes requirements to assure
that electronic documents are as legally dependable as their paper
counterparts. Subpart D of CROMERR requires that state, tribal or local
government agencies that receive, or wish to begin receiving,
electronic reports under their EPA-authorized programs must apply to
EPA for a revision or modification of those programs and obtain EPA
approval. Subpart D provides standards for such approvals based on
consideration of the electronic document receiving systems that the
state, tribe, or local government will use to implement the electronic
reporting. Additionally, Sec.  3.1000(b) through (e) of 40 CFR part 3,
subpart D provides special procedures for program revisions and
modifications to allow electronic reporting, to be used at the option
of the state, tribe or local government in place of procedures
available under existing program-specific authorization regulations. An
application submitted under the subpart D procedures must show that the
state, tribe or local government has sufficient legal authority to
implement the electronic reporting components of the programs covered
by the application and will use electronic document receiving systems
that meet the applicable subpart D requirements.
    On December 3, 2019, the Kansas Department of Health and
Environment (KDHE) submitted an application titled KEIMS (Kansas
Environmental Information Management System) for revisions/
modifications to its EPA-approved programs under title 40 CFR to allow
new electronic reporting. EPA reviewed KDHE's request to revise/modify
its EPA-authorized programs and, based on this review, EPA determined
that the application met the standards for approval of authorized
program revisions/modifications set out in 40 CFR part 3, subpart D. In
accordance with 40 CFR 3.1000(d), this notice of EPA's decision to
approve Kansas's request to revise/modify its following EPA-authorized
programs to allow electronic reporting under 40 CFR parts 122, 125,
240-249, 260-270, 272-279, 280, and EPCRA Sections 302-304, 311-313 is
being published in the Federal Register:

Part 123: EPA-Administered Permit Programs: the National Pollutant
Discharge Elimination System (NPDES) Reporting under CFR 122 & 125
Part 239: Requirements for State Permit Program Determination of
Adequacy (RCRA Subtitle C) Reporting under CFR 240-259
Part 271: Requirements for Authorization of State Hazardous Waste
Programs (RCRA Subtitle C) Reporting under CFR 260-270, 272-279
Part 281: Technical Standards and Corrective Action Requirements for
Owners and Operators of Underground Storage Tanks (UST) Reporting under
CFR 280
Emergency Planning and Community Right-to-Know Act (SARA Title 111/
CRTK) Reporting under EPCRA Sections 302-304, 311-313
KDHE was notified of EPA's determination to approve its application
with respect to the authorized programs listed above.

    Dated: August 10, 2020.
Jennifer Campbell,
Acting Director, Office of Information Management.
[FR Doc. 2020-17818 Filed 8-14-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Proposed Rules]
[Pages 6017-6019]
[FR Doc No: 2015-02082]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0164; Directorate Identifier 2014-NE-02-AD]
RIN 2120-AA64

Airworthiness Directives; Turbomeca S.A. Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede airworthiness directive (AD) 2014-19-
05 that applies to all Turbomeca S.A. Arriel 1A1, 1A2, 1B, 1C, 1C1,
1C2, 1D, 1D1, 1E2, 1K1, 1S, 1S1, 2B, 2B1, 2C, 2C1, 2C2, 2S1, and 2S2
turboshaft engines. AD 2014-19-05 requires an initial one-time
vibration check of the engine accessory gearbox (AGB) on certain higher
risk Arriel 1 and Arriel 2 model engines and repetitive vibration
checks for all Arriel 1 and Arriel 2 engines. Since we issued AD 2014-
19-05, we determined that a Technical Instruction (TI) number and a
Test Bed Acceptance Test Specifications number in the Actions and
Compliance and the Related Information sections are incorrect. This
proposed AD would correct these numbers. We are proposing this AD to
prevent failure of the engine AGB, which could lead to in-flight
shutdown and damage to the engine, which may result in damage to the
aircraft.

DATES: We must receive comments on this proposed AD by April 6, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Turbomeca
S.A., 40220 Tarnos, France; phone: 33 0 5 59 74 40 00; telex: 570 042;
fax: 33 0 5 59 74 45 15. You may view this service information at the
FAA, Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0164; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the mandatory continuing airworthiness
information, regulatory evaluation, any comments received, and other
information. The address for the Docket Office (phone:<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mark Riley, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:
781-238-7199; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0164;
Directorate Identifier 2014-NE-02-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because 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 about this proposed AD.

Discussion

    On September 15, 2014, we issued AD 2014-19-05, Amendment 39-17973
(79 FR 59091, October 1, 2014), for all Turbomeca S.A. Arriel 1A1, 1A2,
1B, 1C, 1C1, 1C2, 1D, 1D1, 1E2, 1K1, 1S, 1S1, 2B, 2B1, 2C, 2C1, 2C2,
2S1, and 2S2 turboshaft engines. AD 2014-19-05 requires an initial one-
time vibration check of the engine AGB on certain higher risk Arriel 1
and Arriel 2 model engines. AD 2014-19-05 also requires repetitive
vibration checks of the engine AGB for all Arriel 1 and Arriel 2
engines

at every engine shop visit. AD 2014-19-05 resulted from reports of
uncommanded in-flight shutdowns on Turbomeca S.A. Arriel 1 and Arriel 2
engines, following rupture of the 41-tooth gear forming part of the 41/
23-tooth bevel gear located in the engine AGB. We issued AD 2014-19-05
to prevent failure of the engine AGB, which could lead to in-flight
shutdown and damage to the engine, which may result in damage to the
aircraft.

Actions Since AD 2014-19-05 Was Issued

    Since we issued AD 2014-19-05, Amendment 39-17973 (79 FR 59091,
October 1, 2014), we determined that a TI number and a Test Bed
Acceptance Test Specifications number in the Actions and Compliance and
the Related Information sections are incorrect. This proposed AD would
correct these numbers.

Relevant Service Information

    We reviewed Turbomeca S.A. Mandatory Service Bulletin (MSB) No. 292
72 0839, Version B, dated November 25, 2013, and MSB No. 292 72 2849,
Version B, dated November 25, 2013. The service information describes
procedures for performing vibration checks of the engine AGB.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require an initial one-time vibration check
of the engine AGB on certain higher risk Arriel 1 and Arriel 2 model
engines. This AD also requires repetitive vibration checks of the
engine AGB for all Arriel 1 and Arriel 2 engines at every engine shop
visit.

Costs of Compliance

    We estimate that this proposed AD would affect 1,268 engines
installed on aircraft of U.S. registry. We also estimate that it would
take about 4 hours per engine to comply with the inspection requirement
in this proposed AD. The average labor rate is $85 per hour. Based on
these figures, we estimate the cost of this proposed AD on U.S.
operators to be $431,120.

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),
    (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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2014-19-05, Amendment 39-17973 (79 FR 59091, October 1, 2014), and
adding the following new AD:

Turbomeca S.A.: Docket No. FAA-2014-0164; Directorate Identifier
2014-NE-02-AD.

(a) Comments Due Date

    We must receive comments by April 6, 2015.

(b) Affected ADs

    This AD supersedes AD 2014-19-05, Amendment 39-17973 (79 FR
59091, October 1, 2014).

(c) Applicability

    This AD applies to all Turbomeca S.A. Arriel 1A1, 1A2, 1B, 1C,
1C1, 1C2, 1D, 1D1, 1E2, 1K1, 1S, 1S1, 2B, 2B1, 2C, 2C1, 2C2, 2S1,
and 2S2 turboshaft engines.

(d) Unsafe Condition

    This AD was prompted by reports of uncommanded in-flight
shutdowns on Turbomeca S.A. Arriel 1 and Arriel 2 engines following
rupture of the 41-tooth gear forming part of the 41/23-tooth bevel
gear located in the engine accessory gearbox (AGB). We are issuing
this AD to prevent failure of the engine AGB, which could lead to
in-flight shutdown and damage to the engine, which may result in
damage to the aircraft.

(e) Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) For all Turbomeca S.A. Arriel 1B, 1D, 1D1, 2B, and 2B1
turboshaft engines, perform a one-time vibration check of the AGB
41/23-tooth bevel gear meshing within 32 months of the effective
date of this AD, as follows:
    (i) For all Turbomeca S.A. Arriel 1B, 1D, and 1D1 engines,
except those engines with an AGB installed with a serial number (S/
N) listed in Figure 1 of Turbomeca S.A. Mandatory Service Bulletin
(MSB) No. 292 72 0839, Version B, dated November 25, 2013, use
paragraphs 6.A. through 6.C. of Turbomeca S.A. MSB No. 292 72 0839,
Version B, dated November 25, 2013, to perform the vibration check.
Turbomeca S.A. MSB No. 292 72 0839 refers to Turbomeca S.A. Arriel 1
Technical Instruction (TI) No. 292 72 0839, Version E, dated
February 20, 2014, and Turbomeca S.A. Arriel 1 TI No. 292 72 0840,
Version A, dated November 29, 2013, which you must also use to do
the vibration check.
    (ii) The reporting requirements in paragraphs 6.A.(1)(c),
6.A.(2)(b), and 6.B.(1)(c) and the requirement to return module M01
in paragraph 6.B.(2)(b)2 of Turbomeca S.A. MSB No. 292 72 0839,
Version B, dated November 25, 2013, are not required by this AD.
    (iii) For all Turbomeca S.A. Arriel 2B and 2B1engines, except
those engines with an AGB installed with an S/N listed in Figure 1
of Turbomeca S.A. MSB No. 292 72 2849, Version B, dated November 25,
2013, use paragraphs 6.A. through 6.C. of Turbomeca S.A. MSB No. 292
72 2849, Version B, dated November 25, 2013, to perform the
vibration

check. Turbomeca S.A. MSB No. 292 72 2849 refers to Turbomeca S.A.
Arriel 2 TI No. 292 72 2849, Version E, dated February 20, 2014, and
Turbomeca S.A. Arriel 2 TI No. 292 72 2850, Version A, dated
November 29, 2013, which you must also use to do the vibration
check.
    (iv) The reporting requirements in paragraphs 6.A.(1)(c),
6.A.(2)(b), and 6.B.(1)(c), and the requirement to return module M01
in paragraph 6.B.(2)(b)2 of Turbomeca S.A. MSB No. 292 72 2849,
Version B, dated November 25, 2013, are not required by this AD.
    (2) For all affected Turbomeca S.A. engines, during each engine
shop visit after the effective date of this AD, perform a vibration
check of the AGB 41/23-tooth bevel gear meshing.
    (3) If the AGB does not pass the vibration check required by
paragraphs (e)(1) or (e)(2) of this AD, replace the AGB with a part
eligible for installation.

(f) Credit for Previous Action

    If you performed a vibration check of the AGB before the
effective date of this AD using Turbomeca S.A. MSB No. 292 72 0839,
Version A, dated September 9, 2013; or MSB No. 292 72 2849, Version
A, dated September 9, 2013, or during an engine shop visit per
paragraph (e)(2) of this AD, you met the initial inspection
requirement of paragraph (e)(1) of this AD.

(g) Definition

    For the purpose of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance involving the
separation of pairs of major mating engine flanges. The separation
of engine flanges solely for the purpose of transportation without
subsequent engine maintenance does not constitute an engine shop
visit.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
for this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(i) Related Information

    (1) For more information about this AD, contact Mark Riley,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency AD 2014-0036,
dated February 11, 2014, for related information. You may examine
the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0164-0003.
    (3) Turbomeca S.A. MSB No. 292 72 0839, Version B, dated
November 25, 2013; and MSB No. 292 72 2849, Version B, dated
November 25, 2013, provide guidance on performing the one-time
vibration check. Arriel 1 TI No. 292 72 0839, Version E, dated
February 2014; Arriel 1 TI No. 292 72 0840, Version A, dated
November 29, 2013; Arriel 2 TI No. 292 72 2849, Version E, dated
February 20, 2014; and Arriel 2 TI No. 292 72 2850, Version A, dated
November 29, 2013, provide detailed instructions on performing the
one-time vibration check for Arriel 1 and Arriel 2 engines as
indicated. Turbomeca Engine Test Bed Acceptance Test Specifications
CCT No.<PHONE_NUMBER>, Version T; CCT No.<PHONE_NUMBER>, Version R; CCT
No.<PHONE_NUMBER>, Version I; CCT No.<PHONE_NUMBER>, Version K; CCT No.
0292019610, Version K; CCT No.<PHONE_NUMBER>, Version J; CCT No.
0292029490, Version I; CCT No.<PHONE_NUMBER>, Version I; CCT No.
0292029480, Version K; CCT No.<PHONE_NUMBER>, Version H; CCT No.
0292029410, Version L; CCT No.<PHONE_NUMBER>, Version H; or Turbomeca
ID No. 383952; or Turbomeca RTD No. X 292 65 327 2, provide
information on performing a vibration check during an engine shop
visit. These service documents, which are not incorporated by
reference in this AD, can be obtained from Turbomeca S.A. using the
contact information in paragraph (i)(4) of this proposed AD.
    (4) For service information identified in this proposed AD,
contact Turbomeca S.A., 40220 Tarnos, France; phone: 33 0 5 59 74 40
00; telex: 570 042; fax: 33 0 5 59 74 45 15.
    (5) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on January 26, 2015.
Colleen M. D'Alessandro,
Assistant Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.

[FR Doc. 2015-02082 Filed 2-3-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 2, 2006 (Volume 71, Number 190)]
[Notices]
[Page 58029-58030]
[DOCID:fr02oc06-138]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54498; File No. SR-NASD-2006-095]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Order Granting Accelerated Approval
of Proposed Rule Change and Amendment No. 1 Thereto Regarding Fees for
Non-NASD Member Subscribers to the New Nasdaq Workstation and Weblink
ACT

September 25, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 1, 2006, the National Association of Securities Dealers, Inc.
(``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc.
(``Nasdaq''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by Nasdaq. Nasdaq amended the
proposed rule change on September 20, 2006.\3\ The Commission is
publishing this notice to solicit comments on the proposed rule change,
as amended, from interested persons, and simultaneously granting
accelerated approval of the proposed rule change, as amended.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Amendment No. 1.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to modify fees for non-NASD member subscribers to
the New Nasdaq Workstation (``NNW'') and Weblink ACT. The proposed rule
change will apply to these non-members the same changes that Nasdaq is
instituting for members.\4\ Nasdaq seeks to implement the proposed rule
change retroactively as of August 1, 2006. The text of the proposed
rule change is available at the Commission's Public Reference Room, at
NASD, and at http://www.nasd.com.\5\

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    \4\ See SR-NASD-2006-094.
    \5\ Changes are marked to the rule text that appears in the
electronicNASD Manual found at http://www.nasd.com, as modified on

an immediately effective basis by SR-NASD-2006-094. Nasdaq is filing
this proposed rule change because the NNW and Weblink ACT may be
used in limited circumstances by service bureaus that are not NASD
members with respect to the quotation, execution, and trade
reporting systems operated by Nasdaq with respect to non-Nasdaq
securities. The NASDAQ Stock Market LLC (``Nasdaq Exchange'') is
also filing a comparable modification to Nasdaq Exchange Rule 7015.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below. Nasdaq has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

 1. Purpose
    In SR-NASD-2006-094, Nasdaq amended Rule 7010 to change NASD member
fees associated with its Web-based New Nasdaq Workstation (``NNW'') and
Weblink ACT products. Since the NNW's inception as a replacement for
the Nasdaq Workstation II (``NWII'') last year, the fee for the NNW had
been $435 per user per month, plus $90 per month for data feeds
included with the NNW, for a total cost of $525 per user per month. In
SR-NASD-2006-094, Nasdaq reduced the fee to $475 per user per month,
including the cost of the data feeds provided with the NNW. The change
is designed to enhance the competitiveness of the NNW in contrast to
front-end applications provided by broker-dealers and service bureaus,
and, as discussed below, also reflects decreasing demand for the
product.
    Weblink ACT, also referred to as Nasdaq Workstation Post Trade, is
a Web-based application used for submission of trade reports. As such,
as the Nasdaq Exchange begins to operate as a national securities
exchange, Weblink ACT provides basic front-end access to the Trade
Reporting Facility (``TRF'') operated by Nasdaq and the NASD,\6\ as
well as access to ACT functionality still offered by Nasdaq under
authority delegated by NASD.
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    \6\ Nasdaq expects that, consistent with current practice, most
NASD members seeking access to the TRF would use a proprietary
front-end system developed by the broker-dealer or a product offered
by a service bureau. Weblink ACT is designed as a basic front-end
system for low volume users.
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    Since the introduction of NNW and Weblink ACT, a number of former
NWII users have opted to move to Weblink ACT rather than NNW,
reflecting a desire to use these Web-based products exclusively for
trade reporting, rather than active trading. Accordingly, in SR-NASD-
2006-094, Nasdaq increased the

comparatively low fees for Weblink ACT to ensure that, as between NNW
and Weblink ACT, fees are allocated appropriately to allow recovery of
Nasdaq's costs. Specifically, the current $150 fee for Weblink ACT
users that report a daily average of 20 or fewer trades during a month
is being raised to $200, while the $300 fee for higher volume users is
being increased to $375. Nasdaq is filing this proposed rule change to
apply the foregoing changes to non-NASD members subscribing to these
products.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 15A of the Act,\7\ in general, and with
Section 15A(b)(5) of the Act,\8\ in particular, in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility or
system which the NASD operates or controls. The proposed rule change
applies to non-members a fee change that is being implemented for NASD
members. Accordingly, the proposed rule change promotes an equitable
allocation of fees between members and non-members using these
services.
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    \7\ 15 U.S.C. 78o-3
    \8\ 15 U.S.C. 78o-3(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASD-2006-095 on the subject line.

Paper Comments

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

All submissions should refer to File Number NASD-2006-095. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of the filing
also will be available for inspection and copying at the principal
offices of NASD. All comments received will be posted without change;
the Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NASD-2006-095 and should be submitted on or before October 23, 2006.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a self-regulatory organization.\9\
Specifically, the Commission finds that the proposed rule change is
consistent with Section 15A(b)(5) of the Act,\10\ which requires that
the rules of a self-regulatory organization provide for the equitable
allocation of reasonable dues, fees, and other charges among members
and issuers and other persons using any facilities or system which it
operates or controls.
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    \9\ In approving the proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition and
capital formation. See 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78o-3(b)(5).
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    The Commission notes that this proposal would permit the schedule
for non-NASD members to mirror the schedule applicable to NASD members
that became effective on August 1, 2006, pursuant to SR-NASD-2006-094.
    The Commission finds good cause for approving the proposed rule
change, as amended, prior to the 30th day after the date of publication
of the notice thereof in the Federal Register. The proposed fees for
non-NASD members are identical to those in SR-NASD-2006-094, which
implemented those fees for NASD members and which became effective as
of August 1, 2006. The Commission notes that the instant proposed rule
change will promote consistency in NASD's fee schedule by applying
simultaneously the same pricing schedule for NASD members and non-NASD
members alike. Therefore, the Commission finds that there is good
cause, consistent with Section 19(b)(2) of the Act, to approve the
proposed rule change on an accelerated basis.

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change, as amended (SR-NASD-2006-095), be, and
hereby is, approved on an accelerated basis.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
Nancy M. Morris,
Secretary.
[FR Doc. E6-16166 Filed 9-29-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
[Proposed Rules]
[Pages 36501-36502]
[FR Doc No: 2019-15935]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0372; Airspace Docket No. 18-ANM-17]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Walden, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace extending
upward from 700 feet above the surface at Walden-Jackson County
Airport, Walden, CO, to accommodate a new area navigation (RNAV)
procedure at the airport. Additionally, this action proposes to remove
Class E airspace extending upward from 700 feet above the surface
within 4 miles each side of the 342[deg] bearing extending from the 5
mile radius to V-524 northwest of the airport. This action would ensure
the safety and management of instrument flight rules (IFR) operations
within the National Airspace System. Additionally, this action proposes
to update the geographic coordinates of the airport to match the FAA's
data base.

DATES: Comments must be received on or before September 12, 2019.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2019-0372; Airspace Docket No. 18-ANM-17, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov.
    FAA Order 7400.11C, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace to support a new RNAV procedure at
Walden-Jackson County Airport, Walden, CO.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to

acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2019-0372;
Airspace Docket No. 18-ANM-17''. The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C, Airspace
Designations and Reporting Points, dated August 13, 2018, and effective
September 15, 2018. FAA Order 7400.11C is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11C lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by amending Class E airspace extending
upward from 700 feet above the surface at Walden-Jackson County
Airport, Walden, CO, within 4 miles each side of the 227[deg] bearing
extending from the 5 mile radius to 9.4 miles southwest of airport.
Additionally, this action proposes to remove Class E airspace extending
upward from 700 feet above the surface within 4 miles each side of the
342[deg] bearing extending from the 5 mile radius to V-524 northwest of
the airport, this airspace is not required to contain instrument
procedures at the airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

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

* * * * *

ANM CO E5 Walden, CO

Walden-Jackson County Airport, CO
    (Lat. 40[deg]45'01'' N, long. 106[deg]16'18'' W)

    That airspace extending upward from 700 feet above the surface
within a 5-mile radius of Walden-Jackson County Airport, and within
4 miles each side of the 227[deg] bearing from the airport extending
from the 5-mile radius to 9.4 miles southwest of the airport.

    Issued in Seattle, Washington, on July 19, 2019.
Shawn M. Kozica,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2019-15935 Filed 7-26-19; 8:45 am]
BILLING CODE 4910-13-P