[Federal Register Volume 79, Number 178 (Monday, September 15, 2014)]
[Notices]
[Pages 54992-54995]
[FR Doc No: 2014-21923]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2014-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final Notice.

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SUMMARY: New or modified Base (1% annual-chance) Flood Elevations
(BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries
or zone designations, and/or regulatory floodways (hereinafter referred
to as flood hazard determinations) as shown on the indicated Letter of
Map Revision (LOMR) for each of the communities listed in the table
below are finalized. Each LOMR revises the Flood Insurance Rate Maps
(FIRMs), and in some cases the Flood Insurance Study (FIS) reports,
currently in effect for the listed communities. The flood hazard
determinations modified by each LOMR will be used to calculate flood
insurance premium rates for new buildings and their contents.

DATES: The effective date for each LOMR is indicated in the table
below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at www.msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/
fmxmain.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and ninety (90) days have elapsed since that
publication. The Deputy Associate Administrator for Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and also are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.

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                                                              Chief executive                                                                 Community
         State and county           Location and case No.  officer of community   Community map repository   Effective date of modification      No.
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Arizona:

    Coconino (FEMA Docket No.: B-   Unincorporated areas   The Honorable Matt    Community Development      July 14, 2014..................       040019
     1421).                          of Coconino County     Ryan, Chairman,       Department, Engineering
                                     (14-09-0827P).         Coconino County       Division, 2500 North
                                                            Board of              Fort Valley Road,
                                                            Supervisors, 219      Building 1, Flagstaff,
                                                            East Cherry Avenue,   AZ 86001.
                                                            Flagstaff, AZ 86001.
    Greenlee (FEMA Docket No.: B-   Unincorporated areas   The Honorable David   Greenlee County Planning   June 26, 2014..................       040110
     1411).                          of Greenlee County     Gomez, Chairman,      and Zoning Department,
                                     (13-09-2482P).         Greenlee County       253 5th Street, Clifton,
                                                            Board of              AZ 85533.
                                                            Supervisors, P.O.
                                                            Box 908, Clifton,
                                                            AZ 85533.
    Maricopa (FEMA Docket No.: B-   City of Peoria (13-09- The Honorable Bob     City Hall, 8401 West       June 27, 2014..................       040050
     1411).                          2575P).                Barrett, Mayor,       Monroe Street, Peoria,
                                                            City of Peoria,       AZ 85345.
                                                            8401 West Monroe
                                                            Street, Peoria, AZ
                                                            85345.
    Maricopa (FEMA Docket No.: B-   City of Scottsdale     The Honorable J.W.    City Hall, 3939 North      July 11, 2014..................       045012
     1421).                          (13-09-3424P).         Lane, Mayor, City     Drinkwater Boulevard,
                                                            of Scottsdale, 3939   Scottsdale, AZ 85251.
                                                            North Drinkwater
                                                            Boulevard,
                                                            Scottsdale, AZ
                                                            85251.
    Maricopa (FEMA Docket No.: B-   City of Scottsdale     The Honorable J.W.    City Hall, 3939 North      July 18, 2014..................       045012
     1421).                          (14-09-0385P).         Lane, Mayor, City     Drinkwater Boulevard,
                                                            of Scottsdale, 3939   Scottsdale, AZ 85251.
                                                            North Drinkwater
                                                            Boulevard,
                                                            Scottsdale, AZ
                                                            85251.
    Maricopa (FEMA Docket No.: B-   City of Surprise (13-  The Honorable Sharon  Community Services         June 20, 2014..................       040053
     1421).                          09-2884P).             Wolcott, Mayor,       Department, 12425 West
                                                            City of Surprise,     Bell Road, Suite D-100,
                                                            16000 North Civic     Surprise, AZ 85374.
                                                            Center Plaza,
                                                            Surprise, AZ 85374.
    Maricopa (FEMA Docket No.: B-   Unincorporated areas   The Honorable Denny   Maricopa County Flood      June 27, 2014..................       040037
     1411).                          of Maricopa County     Barney, Chairman,     Control District, 2801
                                     (13-09-2575P).         Maricopa County       West Durango Street,
                                                            Board of              Phoenix, AZ 85009.
                                                            Supervisors, 301
                                                            West Jefferson
                                                            Street, 10th Floor,
                                                            Phoenix, AZ 85003.
    Maricopa (FEMA Docket No.: B-   Unincorporated areas   The Honorable Denny   Maricopa County Flood      June 20, 2014..................       040037
     1421).                          of Maricopa County     Barney, Chairman,     Control District, 2801
                                     (13-09-2884P).         Maricopa County       West Durango Street,
                                                            Board of              Phoenix, AZ 85009.
                                                            Supervisors, 301
                                                            West Jefferson,
                                                            10th Floor,
                                                            Phoenix, AZ 85003.
    Pima (FEMA Docket No.: B-1411)  City of Tucson (13-09- The Honorable         Planning and Development   July 7, 2014...................       040076
                                     3259P).                Jonathan              Services Department, 201
                                                            Rothschild, Mayor,    North Stone Avenue, 1st
                                                            City of Tucson, 255   Floor, Tucson, AZ 85701.
                                                            West Alameda
                                                            Street, 10th Floor,
                                                            Tucson, AZ 85701.
    Yavapai (FEMA Docket No.: B-    Town of Prescott       The Honorable Harvey  Engineering Division,      July 25, 2014..................       040121
     1421).                          Valley (13-09-1658P).  C. Skoog, Mayor,      7501 East Civic Circle,
                                                            Town of Prescott      Prescott Valley, AZ
                                                            Valley, 7501 East     86314.
                                                            Civic Circle,
                                                            Prescott Valley, AZ
                                                            86314.
    Yavapai (FEMA Docket No.: B-    Unincorporated areas   The Honorable Rowle   Yavapai County Flood       July 25, 2014..................       040093
     1421).                          of Yavapai County      P. Simmons,           Control District, 1120
                                     (13-09-1658P).         Chairman, Yavapai     Commerce Drive,
                                                            County Board of       Prescott, AZ 86305.
                                                            Supervisors, 1015
                                                            Fair Street,
                                                            Prescott, AZ 86305.
California:
    Orange (FEMA Docket No.: B-     City of Newport Beach  The Honorable Rush    City Hall, 100 Civic       July 11, 2014..................       060227
     1421).                          (14-09-1616P).         N. Hill, II, Mayor,   Center Drive, Newport
                                                            City of Newport       Beach, CA 92660.
                                                            Beach, 100 Civic
                                                            Center Drive,
                                                            Newport Beach, CA
                                                            92660.
    Tulare (FEMA Docket No.: B-     City of Porterville    The Honorable         Public Works Department,   July 25, 2014..................       060407
     1421).                          (13-09-3041P).         Cameron J.            291 North Main Street,
                                                            Hamilton, Mayor,      Porterville, CA 93257.
                                                            City of
                                                            Porterville, 291
                                                            North Main Street,
                                                            Porterville, CA
                                                            93257.
Colorado:
    Arapahoe (FEMA Docket No.: B-   City of Centennial     The Honorable Cathy   Southeast Metro            July 18, 2014..................       080315
     1421).                          (14-08-0302P).         Noon, Mayor, City     Stormwater Authority, 76
                                                            of Centennial,        Inverness Drive East,
                                                            13133 East Arapahoe   Suite A, Centennial, CO
                                                            Road, Centennial,     80112.
                                                            CO 80112.
    Arapahoe (FEMA Docket No.: B-   City of Greenwood      The Honorable Ron     City Hall, 6060 South      July 18, 2014..................       080195
     1421).                          Village (14-08-        Rakowsky, Mayor,      Quebec Street, Greenwood
                                     0302P).                City of Greenwood     Village, CO 80111.
                                                            Village, 6060 South
                                                            Quebec Street,
                                                            Greenwood Village,
                                                            CO 80111.
    Larimer (FEMA Docket No.: B-    City of Fort Collins   The Honorable Karen   Stormwater Utilities       July 25, 2014..................       080102
     1421).                          (13-08-1143P).         Weitkunat, Mayor,     Department, 700 Wood
                                                            City of Fort          Street, Fort Collins, CO
                                                            Collins, 3009         80521.
                                                            Phoenix Drive, Fort
                                                            Collins, CO 80525.
Florida:
    Broward (FEMA Docket No.: B-    City of Hollywood (14- The Honorable Peter   City Hall, 2600 Hollywood  July 11, 2014..................       125113
     1421).                          04-2264P).             J.M. Bober, Mayor,    Boulevard, Hollywood, FL
                                                            City of Hollywood,    33020.
                                                            P.O. Box 229045,
                                                            Hollywood, FL 33022.

    Charlotte (FEMA Docket No.: B-  Unincorporated areas   The Honorable Ken     Charlotte County           July 14, 2014..................       120061
     1421).                          of Charlotte County    Doherty, Chairman,    Community Development
                                     (13-04-8283P).         Charlotte County      Department, 18500
                                                            Board of              Murdock Circle, Port
                                                            Commissioners,        Charlotte, FL 33948.
                                                            18500 Murdock
                                                            Circle, Port
                                                            Charlotte, FL 33948.
    Gulf (FEMA Docket No.: B-1411)  Unincorporated areas   The Honorable Ward    Gulf County Courthouse,    June 27, 2014..................       120098
                                     of Gulf County (13-    McDaniel, Chairman,   1000 Cecil G. Costin,
                                     04[dash]5405P).        Gulf County Board     Sr. Boulevard, Suite
                                                            of Commissioners,     311, Port St. Joe, FL
                                                            1000 Cecil G.         32456.
                                                            Costin, Sr.
                                                            Boulevard, Port St.
                                                            Joe, FL 32456.
    Manatee (FEMA Docket No.: B-    Unincorporated areas   The Honorable Larry   Manatee County Building    July 14, 2014..................       120153
     1421).                          of Manatee County      Bustle, Chairman,     and Development Services
                                     (14-04-1072P).         Manatee County        Department, 1112 Manatee
                                                            Board of              Avenue West, Bradenton,
                                                            Commissioners, P.O.   FL 34205.
                                                            Box 1000,
                                                            Bradenton, FL 34206.
    Monroe (FEMA Docket No.: B-     Unincorporated areas   The Honorable Sylvia  Monroe County Public       July 25, 2014..................       125129
     1421).                          of Monroe County (14-  Murphy, Mayor,        Works Department, 1100
                                     04-0921P).             Monroe County, 1100   Simonton Street, Key
                                                            Simonton Street,      West, FL 33040.
                                                            Key West, FL 33040.
    Monroe (FEMA Docket No.: B-     Unincorporated areas   The Honorable Sylvia  Monroe County Public       July 25, 2014..................       125129
     1421).                          of Monroe County (14-  Murphy, Mayor,        Works Department, 1100
                                     04-1809P).             Monroe County, 1100   Simonton Street, Key
                                                            Simonton Street,      West, FL 33040.
                                                            Key West, FL 33040.
    Pinellas (FEMA Docket No.: B-   City of St.            The Honorable Rick    Municipal Services         June 27, 2014..................       125148
     1411).                          Petersburg (13-04-     Kriseman, Mayor,      Center, Permit Division,
                                     5913P).                City of St.           1 4th Street North, St.
                                                            Petersburg, 175 5th   Petersburg, FL 33701.
                                                            Street North, St.
                                                            Petersburg, FL
                                                            33701.
    Polk (FEMA Docket No.: B-1421)  City of Bartow (13-04- The Honorable James   Building Department, 450   July 17, 2014..................       120263
                                     7607P).                F. Clements, Mayor,   North Wilson Avenue,
                                                            City of Bartow, 450   Bartow, FL 33830.
                                                            North Wilson
                                                            Avenue, Bartow, FL
                                                            33830.
    Polk (FEMA Docket No.: B-1421)  Unincorporated areas   The Honorable R.      Polk County Engineering    July 17, 2014..................       120261
                                     of Polk County (13-    Todd Dantzler,        Division, 330 West
                                     04-7607P).             Chairman, Polk        Church Street, Bartow,
                                                            County Board of       FL 33830.
                                                            Commissioners, P.O.
                                                            Box 9005, Bartow,
                                                            FL 33831.
    Sarasota (FEMA Docket No.: B-   Town of Longboat Key   The Honorable Jim     Planning, Zoning and       July 7, 2014...................       125126
     1411).                          (12-04-8304P).         Brown, Mayor, Town    Building Department, 501
                                                            of Longboat Key,      Bay Isles Road, Longboat
                                                            501 Bay Isles Road,   Key, FL 34228.
                                                            Longboat Key, FL
                                                            34228.
    Sumter (FEMA Docket No.: B-     City of Wildwood (14-  The Honorable Ed      Development Services       July 11, 2014..................       120299
     1411).                          04-1328P).             Wolf, Mayor, City     Department, 100 North
                                                            of Wildwood, 100      Main Street, Wildwood,
                                                            North Main Street,    FL 34785.
                                                            Wildwood, FL 34785.
Montana: Fallon (FEMA Docket No.:   Unincorporated areas   The Honorable Deb     Fallon County Courthouse,  June 30, 2014..................       300149
 B-1421).                            of Fallon County (13-  Ranum, Chair,         Office of the Clerk and
                                     08-0962P).             Fallon County Board   Recorder, 10 West Fallon
                                                            of Commissioners,     Avenue, Baker, MT 59393.
                                                            P.O. Box 846,
                                                            Baker, MT 59313.
North Carolina:
    Buncombe (FEMA Docket No.: B-   Unincorporated areas   The Honorable David   Buncombe County Planning   July 11, 2014..................       370031
     1423).                          of Buncombe County     Gantt, Chairman,      Department, 46 Valley
                                     (14-04-3019P).         Buncombe County       Street, Asheville, NC
                                                            Board of              28801.
                                                            Commissioners, 200
                                                            College Street,
                                                            Room, 316,
                                                            Asheville, NC 28801.
    Guilford (FEMA Docket No.: B-   City of Greensboro     The Honorable Nancy   Water Resources            June 17, 2014..................       375351
     1417).                          (13-04-6581P).         Vaughan, Mayor,       Department, Planning and
                                                            City of Greensboro,   Engineering Section,
                                                            P.O. Box 3136,        2602 South Elm-Eugene
                                                            Greensboro, NC        Street, Greensboro, NC
                                                            27402.                27406.
    Rockingham (FEMA Docket No.: B- City of Reidsville     The Honorable John    City Hall, 230 West        July 7, 2014...................       370209
     1421).                          (13-04-2888P).         M. ``Jay''            Moreshead Street,
                                                            Donecker, Mayor,      Reidsville, NC 27320.
                                                            City of Reidsville,
                                                            230 West Moreshead
                                                            Street, Reidsville,
                                                            NC 27320.
    Wake (FEMA Docket No.: B-1421)  Town of Fuquay-Varina  The Honorable John    Planning Department, 401   June 30, 2014..................       370239
                                     (13-04-4877P).         W. Byrne, Mayor,      Old Honeycutt Road,
                                                            Town of Fuquay-       Fuquay-Varina, NC 27526.
                                                            Varina, 401 Old
                                                            Honeycutt Road,
                                                            Fuquay-Varina, NC
                                                            27526.
South Carolina: Charleston (FEMA    Unincorporated areas   The Honorable Teddie  Charleston County          March 28, 2014.................       455413
 Docket No.: B-1407).                of Charleston County   E. Pryor, Sr.,        Building Services
                                     (13-04-7776P).         Chairman,             Department, Lonnie
                                                            Charleston County     Hamilton, III, Public
                                                            Council, Lonnie       Services Building, 4045
                                                            Hamilton, III         Bridge View Drive, North
                                                            Public Services       Charleston, SC 29405.
                                                            Building, 4045
                                                            Bridge View Drive,
                                                            North Charleston,
                                                            SC 29405.
South Dakota:
    Brown (FEMA Docket No.: B-      City of Aberdeen (13-  The Honorable Mike    City Engineer's Office,    July 11, 2014..................       460007
     1411).                          08-0756P).             Levsen, Mayor, City   123 South Lincoln
                                                            of Aberdeen, 123      Street, Aberdeen, SD
                                                            South Lincoln         57401.
                                                            Street, Aberdeen,
                                                            SD 57401.

    Brown (FEMA Docket No.: B-      Unincorporated areas   The Honorable Duane   Brown County Planning and  July 11, 2014..................       460006
     1411).                          of Brown County (13-   Sutton, Chairman,     Zoning Department, 25
                                     08-0756P).             Brown County Board    Market Street, Suite 5,
                                                            of Commissioners,     Aberdeen, SD 57401.
                                                            25 Market Street,
                                                            Suite 1, Aberdeen,
                                                            SD 57401.
Tennessee: Rutherford (FEMA Docket  Unincorporated areas   The Honorable         Rutherford County          July 25, 2014..................       470165
 No.: B-1421).                       of Rutherford County   Earnest Burgess,      Planning and Engineering
                                     (13-04-7742P).         Mayor, Rutherford     Department, 1 Public
                                                            County, 1 Public      Square South, Room 200,
                                                            Square South, Room    Murfreesboro, TN 37130.
                                                            101, Murfreesboro,
                                                            TN 37130.
Utah:
    Salt Lake (FEMA Docket No.: B-  Town of Herriman (14-  The Honorable Carmen  Town Hall, 13011 South     July 18, 2014..................       490252
     1421).                          08-0040P).             Freeman, Mayor,       Pioneer Street,
                                                            Town of Herriman,     Herriman, UT 84096.
                                                            13011 South Pioneer
                                                            Street, Herriman,
                                                            UT 84096.
    Salt Lake (FEMA Docket No.: B-  Unincorporated areas   The Honorable Ben     Public Works Department,   July 11, 2014..................       490102
     1421).                          of Salt Lake County    McAdams, Mayor,       2001 South State Street,
                                     (13-08-0707P).         Salt Lake County,     Suite N3100, Salt Lake
                                                            2001 South State      City, UT 84190.
                                                            Street, Suite
                                                            N2100, Salt Lake
                                                            City, UT 84190.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Date: August 26, 2014.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-21923 Filed 9-12-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Pages 63980-63983]
[FR Doc No: 2011-26511]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65504; File No. SR-NYSE-Arca-2011-71]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca
Options Rule 6.87 (Obvious and Catastrophic Errors)

October 6, 2011.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on September 29, 2011, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Options Rule 6.87 (Obvious
and Catastrophic Errors). The text of the proposed rule change is
available at the Exchange, the Commission's Public Reference Room, and
http://www.nyse.com.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange is proposing to amend NYSE Arca Options Rule 6.87
(Obvious

and Catastrophic Errors) as described below.
Applicability
    The Exchange proposes to amend Rule 6.87 to reflect that, unless
otherwise stated, the provisions therein are applicable to electronic
transactions only.\4\
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    \4\ Rule 6.87 was originally applicable to the Exchange's
``Auto-Ex'' electronic system, not manual or open-outcry trading,
and has been amended on an incremental basis over time. See, e.g.,
Securities Exchange Act Release Nos. 48538 (September 25, 2003), 68
FR 56858 (October 2, 2003) (SR-PCX-2002-01); 50549 (October 15,
2004), 69 FR 62107 (October 22, 2004) (SR-PCX-2004-87); and 53221
(February 3, 2006), 71 FR 6811 (February 9, 2006) (SR-PCX-2005-102).
---------------------------------------------------------------------------

Erroneous Prints & Quotes in the Underlying Security
    The Exchange proposes to make the following changes relating to
erroneous prints or quotes in the underlying security: \5\
---------------------------------------------------------------------------

    \5\ See Rule 6.87(a)(4) and (5). The changes to these provisions
are based on Chicago Board Options Exchange (``CBOE'') Rule 6.25.
See Securities Exchange Act Release No. 59981 (May 27, 2009), 74 FR
26447 (June 2, 2009) (SR-CBOE-2009-024).
---------------------------------------------------------------------------

1. Adjustments
    Rule 6.87(a)(4) currently provides only for nullifications with
respect to erroneous prints, whereas Rule 6.87(a)(5) provides for
nullifications and adjustments for erroneous quotes. For consistency,
the Exchange proposes to amend Rule 6.87(a)(4) to allow for adjustments
and nullifications of erroneous prints in the underlying security.\6\
The Exchange also proposes to clarify that such adjustment or
nullification would be in the same manner and subject to the same
conditions as set forth in Rule 6.87(a)(3) for Obvious Errors.
---------------------------------------------------------------------------

    \6\ See, e.g., CBOE Rule 6.25(a)(4).
---------------------------------------------------------------------------

2. Average Quote Width
    Rule 6.87(a)(4) and (5) currently provide that the ``average quote
width'' thereunder is determined by adding the quote widths of each
separate quote during the two minute time period before and after the
erroneous print or erroneous quote. The Exchange proposes to revise the
provisions used to determine the average quote width and instead make
such a determination by adding the quote widths of sample quotations at
regular 15-second intervals during the two minute time period before
and after the erroneous quote or print. Such a change would make the
administration of Rule 6.87(a)(4) and (5) less time consuming and
burdensome, while also aligning the Exchange's method of calculation
with the methods used by other options exchanges.\7\
---------------------------------------------------------------------------

    \7\ See, e.g., CBOE Rule 6.25(a)(4)(ii) and CBOE Rule
6.25(a)(5)(ii).
---------------------------------------------------------------------------

3. Designation of Underlying Security or Market
    The erroneous print and quote provisions of Rule 6.87(a)(4) and (5)
currently only address the security underlying the particular option.
The Exchange proposes to modify these provisions to allow the Exchange
to designate the applicable underlying security(ies) or related
instruments for any option.\8\
---------------------------------------------------------------------------

    \8\ See, e.g., CBOE Rule 6.25(a)(4) and CBOE Rule 6.25(a)(5).
---------------------------------------------------------------------------

    Under the revised rule, the Exchange would identify the particular
underlying security--or with respect to ETF(s), HOLDRS(s), and index
options the related instrument(s) that would be used to determine an
erroneous print or quote--and would also identify the relevant
market(s) trading the underlying security or related instrument to
which the Exchange would look for purposes of applying the obvious
error analysis. The ``related instrument(s)'' may include related
ETF(s), HOLDRS(s), and/or index value(s),\9\ and/or related futures
product(s),\10\ and the ``relevant market(s)'' may include one or more
markets. The underlying security or related instrument(s) and relevant
market(s) would be designated by the Exchange and announced via
Regulatory Bulletin. For a particular ETF, HOLDRS, index value and/or
futures product to qualify for consideration as a ``related
instrument,'' the revised rule would require that the option class and
related instrument be derived from or designed to track the same
underlying index.
---------------------------------------------------------------------------

    \9\ An ``index value'' is the value of an index as calculated
and reported by the index's reporting authority. Use of an index
value would only be applicable for purposes of identifying an
erroneous print in the underlying security (and not an erroneous
quote).
    \10\ The Exchange is only proposing that it may designate
underlying or related ETF(s), HOLDRS(s), and/or index value(s), and/
or related futures product(s). The Exchange is not proposing to
designate any of the individual underlying stocks (or related
options or futures on any of the individual underlying stocks) that
comprise a particular ETF, HOLDR or index. Any such proposal would
be the subject of a separate rule filing.
---------------------------------------------------------------------------

    Thus, as an example for illustrative purposes only, for options on
the Powershares QQQ Trust, Series 1 (the ``Nasdaq 100 ETF''), the
Exchange may determine to designate the underlying ETF (ETF symbol
``QQQ'') and the primary market where it trades, as well as a related
futures product overlying the Nasdaq 100 Index and the primary market
where that futures product trades, as the instruments that would be
considered by the Exchange in determining whether an erroneous print or
an erroneous quote has occurred that would form the basis for an
adjustment or nullification of a transaction in the related
options.\11\ As another example for illustrative purposes only, for the
Exchange's class of options on International Business Machines
Corporation, the underlying security would be its common stock, which
trades under the symbol IBM. The Exchange may determine to designate
one or more underlying stock exchanges as the ``relevant market(s),''
such as the New York Stock Exchange LLC (``NYSE'') and the NYSE Amex
LLC (``NYSE Amex'').\12\ The proposed

change is intended to provide relief in those scenarios where an
erroneous option transaction may occur as the result of an erroneous
print or erroneous quote in markets other than the primary market for
the underlying security.
---------------------------------------------------------------------------

    \11\ Using this example, under the revised rule, the designated
instruments and markets would be announced by Regulatory Bulletin.
Thereafter, for a transaction in the QQQ options class to be
adjusted or nullified due to an erroneous print in an underlying
security or related instrument that is later cancelled or corrected,
the trade must be the result of (i) an erroneous print in the
underlying Nasdaq 100 ETF that is higher or lower than the average
trade in the underlying Nasdaq 100 ETF on the designated relevant
market during a two-minute period before and after the erroneous
print by an amount at least five times greater than the average
quote width for the ETF during the same period, or (ii) an erroneous
print in the designated futures product overlying the Nasdaq 100
Index that is higher or lower than the average trade in the
designated futures product on the designated relevant market during
a two-minute period before and after the erroneous print by an
amount at least five times greater than the average quote width for
the futures product during the same period. For an options
transaction to be adjusted or nullified due to an erroneous quote in
an underlying or related instrument, an erroneous quote would occur
when (i) the underlying Nasdaq 100 ETF has a width of at least $1.00
and has a width at least five times greater than the average quote
width for such ETF on the designated relevant market during the time
period encompassing two minutes before and after the dissemination
of such quote, or (ii) the designated futures product overlying the
Nasdaq 100 Index has a width of at least $1.00 and has a width at
least five times greater than the average quote width for such
futures product on the designated relevant market during the period
encompassing two minutes before and after the dissemination of such
quote.
    \12\ Using this example, under the revised rule, the relevant
market(s) would be announced by Regulatory Bulletin. Thereafter, for
a transaction in the IBM options class to be adjusted or nullified
due to an erroneous print in an underlying security that is later
cancelled or corrected, the trade must be the result of an erroneous
report of the underlying IBM stock value on NYSE or NYSE Arca that
is higher or lower than the average price in the stock on the NYSE
or NYSE Arca market, as applicable, during a two minute period
before and after the erroneous report by an amount at least five
times higher or lower than the difference between the highest and
lowest index values during the same period. To be adjusted or
nullified due to an erroneous quote in the underlying security, an
erroneous quote would occur when the IBM quote on the NYSE or NYSE
Arca market, as applicable, has a width of at least $1.00 and has a
width at least five times greater than the average quote width for
IBM on the relevant market during the time period encompassing two
minutes before and after the dissemination of such quote.
---------------------------------------------------------------------------

    The Exchange believes the proposed change recognizes that market
participants trading in the equity, index, ETF and HOLDRS options may
base their option prices on trading in various products and markets,
while maintaining reasonable and objective criteria for these types of
obvious error reviews.
No Bid Series
    As discussed below, the Exchange proposes to renumber Commentary
.04 to Rule 6.87 as Rule 6.87(a)(6), which provides that a buyer of an
option with a zero bid may request that such execution be busted. This
would include certain proposed substantive changes, including with
respect to the circumstances under which such an execution could be
busted by specifying that certain bids and offers will not be included
within such a determination, and explaining the treatment of different
groups of series in an option with non-standard deliverables being
treated as a separate options class for purposes of the rule.\13\ These
changes would benefit buyers of an option with a zero bid by adding
greater specificity to the circumstances under which such a buyer may
request that such execution be busted.
---------------------------------------------------------------------------

    \13\ See, e.g., CBOE Rule 6.25(a)(2).
---------------------------------------------------------------------------

Catastrophic Error Theoretical Price
    For purposes of determining whether a Catastrophic Error has
occurred on the Exchange, the Theoretical Price of an option currently
is (A) if the series is traded on at least one other options exchange,
the last bid price with respect to an erroneous sell transaction and
the last offer price with respect to an erroneous buy transaction, just
prior to the trade, that comprise the National Best Bid or Offer
(``NBBO''), as disseminated by the Options Price Reporting Authority
(``OPRA'') or (B) if there are not quotes for comparison purposes, as
determined by a designated Trading Official.\14\ The Exchange proposes
that a designated Trading Official also determine the Theoretical Price
in circumstances where the bid/ask differential of the NBBO for the
affected series just prior to the erroneous transactions was at least
two times the permitted bid/ask differential pursuant to Rule
6.37(b)(1)(A)-(E). This proposed change would align the determination
of what constitutes the Theoretical Price for both Catastrophic and
Obvious Errors and is consistent with the methods used by other options
exchanges.\15\
---------------------------------------------------------------------------

    \14\ See Rule 6.87(b), which, as proposed below, would be
renumbered as Rule 6.87(d).
    \15\ See, e.g., CBOE Rule 6.25(a)(1)(iv), which is applicable
for both Obvious and Catastrophic Errors on CBOE.
---------------------------------------------------------------------------

Technical and Clarifying Changes
    The Exchange proposes the following technical and clarifying
changes to the existing text of Rule 6.87: \16\
---------------------------------------------------------------------------

    \16\ The Exchange is reformatting Rule 6.87 to make it more
consistent with CBOE Rule 6.25.
---------------------------------------------------------------------------

     First, the introductory text of Rule 6.87(a) would be
amended to clarify that an OTP Holder or person associated therewith
may have a trade adjusted or nullified if, in addition to satisfying
the procedural requirements of Rule 6.87(b), the conditions of Rule
6.87(a)(3)--Obvious Errors, Rule 6.87(a)(4)--Erroneous Print in
Underlying, Rule 6.87(a)(5)--Erroneous Quote in Underlying, or Rule
6.87(a)(6)--No Bid Series are satisfied.
     Second, Rule 6.87(a)(3)(A) and (B) would be renumbered as
Rule 6.87(b)(1) and (3), respectively. Rule 6.87(b)(2) would be added
to clarify that once a party to a transaction has applied for review,
the transaction shall be reviewed and a determination rendered, unless
both parties to the transaction agree to withdraw the application for
review prior to the time a decision is rendered. Rule 6.87(a)(3)(C)
would be renumbered as Rule 6.87(a)(3).
     Third, Rule 6.87(a)(6) would be renumbered as Rule 6.87(c)
and re-titled ``Obvious Error Panel'' to clarify the content of the
text therein. This change would also include text clarifying the
applicability to a ``party to a determination,'' as rendered by the
Exchange, instead of a ``party to an Obvious Error,'' as the current
text reads.
     Fourth, Rule 6.87(b), which pertains to Catastrophic
Errors on the Exchange, would be renumbered as Rule 6.87(d). This would
include, among other minor changes, the heading in the right column of
the chart in subsection (3)(D) thereto being modified to clarify that
the values thereunder are the adjustment amounts, not the minimum
amount to qualify as a catastrophic error.
     Lastly, the text of Commentary .04 to Rule 6.87 would be
deleted and Commentary .04 would be ``reserved,'' because, as discussed
above, the circumstances where a buyer of an option with a zero bid may
request that such execution be busted would be moved to Rule
6.87(a)(6).
    The aforementioned technical changes require that cross-references
to various subsections throughout Rule 6.87 be updated, as proposed
herein. Additional updates to cross-references within Rule 6.87,
including the subsections pertaining to erroneous prints or quotes in
the underlying, are necessary for clarification purposes. The Exchange
also proposes to update a cross-reference to Rule 6.87 found within
Rule 6.89. Additionally, the Exchange proposes to amend the text within
new Rule 6.87(a)(3)(C) and (D) to clarify that the option contract
quantity of any adjustment is with respect to an erroneous sell (buy)
transaction and that the size referenced is the disseminated bid
(offer) size.\17\ New Rule 6.87(a)(3)(C) and (D) would also be amended
to reflect that such disseminated bid (offer) size shall be determined
by looking to the competing options exchange(s) that comprise the
national best bid (offer), as disseminated by the Options Price
Reporting Authority at the time of the Obvious Error, instead of the
Exchange with the most liquidity in that option class in the previous
two calendar months.\18\
---------------------------------------------------------------------------

    \17\ This change would align the Exchange's rule text with that
of other exchanges. See, e.g., NYSE Amex Rule 975NY.
    \18\ Id.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\19\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\20\ in particular, because it
is designed to promote just and equitable principles of trade, remove
impediments to and perfect the mechanisms of a free and open market and
a national market system and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange understands that, in approving proposals of other
exchanges related to adjusting and nullifying option trades involving
obvious errors, the Commission has focused on the need for specificity
and objectivity with respect to exchange determinations and processes
for reviewing such determinations.\21\ In this regard, the Exchange
believes that the proposed rule change would clarify the content of the
Exchange's rule for adjusting and nullifying trades, including obvious

[[Page 63983 ]]

errors, while also simplifying the administration of the rule in order
to more efficiently render such determinations. The Exchange further
believes that the proposed rule change would benefit investors and be
in the public's interest because it would provide increased clarity and
specificity concerning the objective standards used by the Exchange
when making trade nullification and adjustment determinations.
---------------------------------------------------------------------------

    \21\ See, e.g., supra note 5. See also Securities Exchange Act
Release No. 63692 (January 11, 2011), 76 FR 2940 (January 18, 2011)
(Order Granting Approval of SR-Phlx-2010-163).
---------------------------------------------------------------------------

    The Exchange also believes that the increased specificity resulting
from the proposed rule change would benefit investors and market
participants that are members of multiple exchanges by more closely
aligning the Exchange's rules with respect to obvious errors with those
of other exchanges, including text to reflect that, unless otherwise
stated, the provisions of Rule 6.87 are applicable to electronic
transactions only. In this respect, the proposed rule change helps
foster certainty for market participants trading on multiple exchanges.
    Accordingly, the Exchange believes that the increased specificity
resulting from the proposed rule change, combined with the continued
objective nature of the Exchange's process for rendering and reviewing
trade nullification and adjustment determinations, is consistent with
prior guidance from the Commission, is consistent with the Act and is
consistent with the maintenance of a fair and orderly market and the
protection of investors and the public interest.

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 that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \22\ and Rule 19b-4(f)(6) thereunder.\23\
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)(iii) thereunder.\24\
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \23\ 17 CFR 240.19b-4(f)(6).
    \24\ Pursuant to Rule 19b-4(f)(6)(iii) under the Act, the
Exchange is required to give 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
Commission notes that the Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-Arca-2011-71 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-NYSE-Arca-2011-71. 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. nd 3 p.m. Copies of the filing also will be
available for inspection and copying at the Exchange's principal
office, and on its Web site at http://www.nyse.com. The text of the
proposed rule change is available on the Commission's Web site at
http://www.sec.gov. 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-NYSE-Arca-2011-71
and should be submitted on or before November 4, 2011

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-26511 Filed 10-13-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 84 (Monday, May 2, 2022)]
[Notices]
[Pages 25634-25635]
[FR Doc No: 2022-09347]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC22-13-000]

Commission Information Collection Activities (FERC-914) Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-914 (Cogeneration and Small Power
Production--Tariff Filings).

DATES: Comments on the collection of information are due July 1, 2022.

ADDRESSES: You may submit your comments (identified by Docket No. IC22-
13-000) by one of the following methods:
    Electronic filing through http://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery:
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.

    [cir] Hand (including courier) delivery: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission,12225 Wilkins
Avenue, Rockville, MD 20852.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov. For user
assistance, contact FERC Online Support by email at
[email protected], or by phone at<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected]v, telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-914, Cogeneration and Small Power Production--Tariff
Filings.
    OMB Control No.: 1902-0231.
    Type of Request: Three-year extension of the FERC-914 information
collection requirements with no changes to the current reporting
requirements.
    Abstract: Section 205(c) of the Federal Power Act (FPA) and 18 CFR
292 require that every public utility have all its jurisdictional rates
and tariffs on file with the Commission and make them available for
public inspection, within such time and in such form as the Commission
designates. Section 205(d) of the FPA requires that every public
utility must provide notice to the Commission and the public of any
changes to its jurisdictional rates and tariffs, file such changes with
the Commission, and make them available for public inspection as
directed by the Commission. In addition, FPA section 206 requires the
Commission, upon complaint or its own motion, to modify existing rates
or services that are found to be unjust, unreasonable, unduly
discriminatory, or preferential. FPA section 207 requires the
Commission upon complaint by a state commission and a finding of
insufficient interstate service, to order the rendering of adequate
interstate service by public utilities, the rates for which would be
filed in accordance with FPA sections 205 and 206.
    In Order Nos. 671 and 671-A,\1\ the Commission revised its
regulations that govern qualifying small power production and
cogeneration facilities. The Commission eliminated certain exemptions
from rate regulation that were previously available to qualifying
facilities (QFs). New qualifying facilities may need to make tariff
filings if they do not meet the exemption requirements.
---------------------------------------------------------------------------

    \1\ Revised Regulations Governing Small Power Production and
Cogeneration Facilities, Order No. 671, 71 FR 7852 (2/15/2006), FERC
Stats. & Regs. ] 31,203 (2006); and Revised Regulations Governing
Small Power Production and Cogeneration Facilities, Order 671-A, 71
FR 30585 (5/30/2006), in Docket No. RM05-36.
---------------------------------------------------------------------------

    FERC implemented the Congressional mandate of the Energy Policy Act
of 2005 (EPAct 2005) to establish criteria for new qualifying
cogeneration facilities by: (1) Amending the exemptions available to
qualifying facilities from the FPA and from Public Utility Holding
Company Act (PUHCA) [resulting in the burden imposed by FERC-914, the
subject of this notice]; (2) ensuring that these facilities are using
their thermal output in a productive and beneficial manner; that the
electrical, thermal, chemical and mechanical output of new qualifying
cogeneration facilities is used fundamentally for commercial,
residential or industrial purposes; and there is continuing progress in
the development of efficient electric energy generating technology; (3)
amending the FERC Form 556 \2\ to reflect the criteria for new
qualifying cogeneration facilities; and (4) eliminating ownership
limitations for qualifying cogeneration and small power production
facilities. The Commission satisfied the statutory mandate and its
continuing obligation to review its policies encouraging cogeneration
and small power production, energy conservation, efficient use of
facilities and resources by electric utilities, and equitable rates for
energy customers.
---------------------------------------------------------------------------

    \2\ The FERC Form 556 (Certification of Qualifying Facility (QF)
Status for a Small Power Production or Cogeneration Facility) is
cleared separately as OMB Control No. 1902-0075 and is not a subject
of this notice.
---------------------------------------------------------------------------

    Type of Respondents: New qualifying facilities and small power
producers that do not meet Commission exemption criteria.
    Estimate of Annual Burden: \3\ The Commission estimates the annual
public reporting burden and cost \4\ for the information collection as:
---------------------------------------------------------------------------

    \3\ Burden is the total time, effort, or financial resources
expended by persons to generate, maintain, retain, disclose, or
provide information to a Federal agency. For further explanation of
what is included in the information collection burden, refer to 5
Code of Federal Regulations 1320.3.
    \4\ FERC staff estimates that industry costs for salary plus
benefits are similar to Commission costs. The cost figure is the
FY2021 FERC average annual salary plus benefits ($180,702/year or
$87/hour).

                                            FERC-914--Cogeneration and Small Power Production--Tariff Filings
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Annual  number
                                  Number of     of  responses  Total number  of   Average burden  hours &   Total annual burden  hours &     Cost per
                                 respondents         per           responses       cost  ($) per response      total  annual cost  ($)      respondent
                                                 respondent                                                                                ($)
                                          (1)             (2)   (1) * (2) = (3)  (4)......................  (3) * (4) = (5).............       (5) / (1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FPA Section 205 Filings......              40               1                40  185 hrs.; $16,095........  7,400 hrs.; $643,800........         $16,095
Electric Quarterly Reports...              35               4               140  6 hrs.; $522.............  840 hrs,; $73,080...........           2,088
Change of Status.............              10               1                10  3 hrs.; $261.............  30 hrs.; $2,610.............             261
                              --------------------------------------------------------------------------------------------------------------------------
    Total....................  ..............  ..............               190  .........................  8,270 hrs.; $719,490........  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: April 26, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-09347 Filed 4-29-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Page 69927]
[FR Doc No: 2012-28253]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2012-0247; Notice No. 12-09]

International Standards on the Transport of Dangerous Goods;
Public Meeting

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation.

ACTION: Notice of public meeting.

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SUMMARY: This notice is to advise interested persons that PHMSA will
conduct a public meeting in preparation for the 42nd session of the
United Nations Sub-Committee of Experts on the Transport of Dangerous
Goods (UNSCOE TDG) to be held December 3 to 11, 2012, in Geneva,
Switzerland. During this meeting, PHMSA is also soliciting comments
relative to potential new work items which may be considered for
inclusion in its international agenda.
    Information Regarding The UNSCOE TDG Public Meeting:

DATES: Wednesday, November 28, 2012; 9:00 a.m.-12:00 noon.

ADDRESSES: The meeting will be held at the DOT Headquarters, West
Building, Conference Rooms 8-10, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
    Registration: It is requested that attendees pre-register for this
meeting by completing the form at http://www.phmsa.dot.gov/hazmat/regs/international. Failure to pre-register may delay your access to the
building. Participants attending in person are encouraged to arrive
early to allow time for security checks necessary to obtain access to
the building.
    Conference Call Capability/Live Meeting Information: Conference
call-in and ``live meeting'' capability will be provided for this
meeting. Specific information on call-in and live meeting access will
be posted when available at http://www.phmsa.dot.gov/hazmat/regs/international.

FOR FURTHER INFORMATION CONTACT: Vincent Babich or Kevin Leary, Office
of Hazardous Materials Safety, International Standards, Department of
Transportation, Washington, DC 20590;<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The primary purpose of this meeting will be
to prepare for the 42nd session of the UNSCOE TDG. The 42nd session of
the UNSCOE TDG is the final meeting scheduled for the 2011-2012
biennium. The UNSCOE will consider proposals for the 18th Revised
Edition of the United Nations Recommendations on the Transport of
Dangerous Goods Model Regulations which will be implemented within
relevant domestic, regional, and international regulations from January
1, 2015. Copies of working documents, informal documents, and the
meeting agenda may be obtained from the United Nations Transport
Division's Web site at http://www.unece.org/trans/main/dgdb/dgsubc3/c3age.html.
    General topics on the agenda for the UNSCOE TDG meeting include:

 Explosives and related matters
 Listing, classification and packing
 Electric storage systems
 Miscellaneous proposals of amendments to the Model Regulations
 Cooperation with the International Atomic Energy Agency (IAEA)
 Global harmonization of transport of dangerous goods
regulations
 New proposals for amendments to the Model Regulations
 Globally Harmonized System of Classification and Labeling of
Chemicals (GHS)

    Since this is the final session of the UNSCOE TDG for the current
biennium, the Sub-Committee will establish its work plan for the 2013-
2014 biennium during this meeting. PHMSA is soliciting comments and
input for the 2013-2014 biennium work plan.
    Following the 42nd session of the UNSCOE TDG, a copy of the Sub-
Committee's report will be available at the United Nations Transport
Division's web site at http://www.unece.org/trans/main/dgdb/dgsubc3/c3rep.html. PHMSA's site at http://www.phmsa.dot.gov/hazmat/regs/international provides additional information regarding the UNSCOE TDG
and related matters.

    Issued in Washington, DC, on November 15, 2012 under authority
delegated in 49 CFR part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2012-28253 Filed 11-20-12; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Proposed Rules]
[Pages 43437-43440]
[FR Doc No: 2021-16686]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0621; Project Identifier MCAI-2020-01517-T]
RIN 2120-AA64

Airworthiness Directives; Airbus Defense and Space S.A. (Formerly
Known as Construcciones Aeronauticas, S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2018-25-16, which applies to certain Airbus Defense and Space S.A.
Model CN-235, CN-235-200, and CN-235-300 airplanes. AD 2018-25-16
requires revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. Since the FAA issued AD 2018-25-16, the FAA has determined
that additional new or more restrictive airworthiness limitations,
including inspections for discrepancies (cracking) of certain
structural elements, are necessary. This proposed AD would require
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations, and
repetitive inspections for discrepancies (cracking) of certain
structural elements and corrective actions, as specified in a European
Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September
23, 2021.

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 https://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 EASA material that will be incorporated by reference (IBR) in
this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0621.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0621; 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 NPRM, any comments received, and other information. The street
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3220; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0621; Project Identifier
MCAI-2020-01517-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report

summarizing each substantive verbal contact received about this
proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Shahram Daneshmandi, Aerospace Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des Moines,
WA 98198; telephone and fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Background

    The FAA issued AD 2018-25-16, Amendment 39-19527 (83 FR 64441,
December 17, 2018) (AD 2018-25-16), for certain Airbus Defense and
Space S.A. Model CN-235, CN-235-200, and CN-235-300 airplanes. AD 2018-
25-16 requires revising the existing maintenance or inspection program,
as applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA issued AD 2018-25-16 to address fatigue cracking,
damage, and corrosion in principal structural elements; such fatigue
cracking, damage, and corrosion could result in reduced structural
integrity of the airplane.

Actions Since AD 2018-25-16 Was Issued

    Since the FAA issued AD 2018-25-16, the FAA has determined that new
or more restrictive airworthiness limitations, including inspections
for discrepancies (cracking) of certain structural elements, are
necessary.
    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0251, dated November 11, 2020
(EASA AD 2020-0251) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-
200, and CN-235-300 airplanes. EASA AD 2020-0251 states that it
requires repetitive inspections of certain structural elements, which
are currently specified in an alert operators transmission (AOT). EASA
AD 2020-0251 further states that those inspections will be added to the
airworthiness limitations document when that document is next revised.
Airplanes with an original airworthiness certificate or original export
certificate of airworthiness issued after March 20, 2018, must comply
with the airworthiness limitations specified as part of the approved
type design and referenced on the type certificate data sheet; this AD
therefore does not include those airplanes in the requirement to revise
the existing maintenance or inspection program.
    This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations, including inspections for
discrepancies (cracking) of certain structural elements, are necessary.
The FAA is proposing this AD to address fatigue cracking, damage, and
corrosion in principal structural elements; such fatigue cracking,
damage, and corrosion could result in reduced structural integrity of
the airplane. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0251 describes new or more restrictive airworthiness
limitations for airplane systems, structural inspections, safe life
structural items, and safe life system items. EASA AD 2020-0251 also
describes repetitive inspections for discrepancies (cracking) of
certain structural elements and corrective action (repair). This
material 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.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA has evaluated all pertinent information and determined
an unsafe condition exists and is likely to exist or develop on other
products of the same type design.

Proposed AD Requirements

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, and repetitive inspections for
discrepancies (cracking) of certain structural elements and corrective
actions, which are specified in EASA AD 2020-0251 described previously,
as proposed for incorporation by reference. Any differences with EASA
AD 2020-0251 are identified as exceptions in the regulatory text of
this AD.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (k)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0251
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0251 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled

``Required Action(s) and Compliance Time(s)'' in the EASA AD. Service
information specified in EASA AD 2020-0251 that is required for
compliance with EASA AD 2020-0251 will be available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0621 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections), or intervals, may be used unless the actions and
intervals are approved as an AMOC in accordance with the procedures
specified in the AMOCs paragraph under ``Other FAA Provisions.'' This
new format includes a ``New Provisions for Alternative Actions and
Intervals'' paragraph that does not specifically refer to AMOCs, but
operators may still request an AMOC to use an alternative action or
interval.

Costs of Compliance

    The FAA estimates that this proposed AD affects 8 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this
proposed AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. The FAA estimates the total cost per operator for the new
proposed actions to be $7,650 (90 work-hours x $85 per work-hour).

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
New proposed inspections..............  60 work-hours x $85 per               $0          $5,100         $40,800
                                         hour = $5,100.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this proposed AD.

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.
    The FAA is 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

    The FAA 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 this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:
0
a. Removing Airworthiness Directive (AD) 2018-25-16, Amendment 39-19527
(83 FR 64441, December 17, 2018); and
0
b. Adding the following new AD:

Airbus Defense and Space S.A. (Formerly Known as Construcciones
Aeronauticas, S.A.): Docket No. FAA-2021-0621; Project Identifier
MCAI-2020-01517-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by September 23, 2021.

(b) Affected ADs

    This AD replaces AD 2018-25-16, Amendment 39-19527 (83 FR 64441,
December 17, 2018) (AD 2018-25-16).

(c) Applicability

    This AD applies to all Airbus Defense and Space S.A. (formerly
known as Construcciones Aeronauticas, S.A.) Model CN-235, CN-235-
100, CN-235-200, and CN-235-300 airplanes, certificated in any
category, with an original airworthiness certificate or original
export certificate of airworthiness issued on or before March 20,
2018.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks; and 53, Fuselage.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations, including inspections for
discrepancies (cracking) of certain structural elements, are
necessary. The FAA is issuing this AD to address fatigue cracking,
damage, and corrosion in principal structural elements; such fatigue
cracking, damage, and corrosion could result in reduced structural
integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0251, dated November 11, 2020 (EASA AD 2020-0251).

(h) Exceptions to EASA AD 2020-0251

    (1) Where EASA AD 2020-0251 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The requirements specified in paragraph (4) of EASA AD 2020-
0251 do not apply to this AD.
    (3) Where paragraph (5) of EASA AD 2020-0251 specifies actions
if discrepancies are found while accomplishing any task ``required
by paragraph (1), (2), (3) or (4) of this [EASA] AD,'' this AD
requires actions if discrepancies are found while accomplishing any
task ``required by paragraph (1), (2), or (3) of EASA AD 2020-
0251.''
    (4) Where paragraph (5) of EASA AD 2020-0251 specifies actions
``in case of finding discrepancies,'' for this AD, discrepancies
include fatigue cracking.
    (5) Paragraph (6) of EASA AD 2020-0251 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires, for airplanes with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before March 20, 2018, revising the existing maintenance or
inspection program, as applicable, to incorporate the ``limitations,
tasks and associated thresholds and intervals'' specified in
paragraph (6) of EASA AD 2020-0251 within 90 days after the
effective date of this AD.
    (6) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or before
March 20, 2018, the initial compliance time for doing the tasks
specified in paragraph (6) of EASA AD 2020-0251 is at the applicable
``thresholds'' as incorporated by the requirements of paragraph (6)
of EASA AD 2020-0251, or within 90 days after the effective date of
this AD, whichever occurs later.
    (7) The provisions specified in paragraphs (7) and (8) of EASA
AD 2020-0251 do not apply to this AD.
    (8) The ``Remarks'' section of EASA AD 2020-0251 does not apply
to this AD.

(i) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2020-0251.

(j) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0251
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (l)(2) of
this AD. Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
Defense and Space S.A.'s EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.

(l) Related Information

    (1) For EASA AD 2020-0251, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu. You may
view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. This material may be found in the AD docket on the
internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0621.
    (2) For more information about this AD, contact Shahram
Daneshmandi, Aerospace Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
    Issued on July 30, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-16686 Filed 8-6-21; 8:45 am]
BILLING CODE 4910-13-P


9/19/07 Meeting to discuss commenters’ views on Ozone NAAQS Proposal

Location:  EPA/OAR offices, Washington, D.C.

Attendees:

Robert L. Kappelmann, P.E., Energy and Environmental Policy Consultant

Bradley H. Spooner, P.E., MEAG Power (Municipal Electric Authority of
Georgia)

Hilary Sills, FMEA (Florida Municipal Electric Association), JEA
(Jacksonville Electric Authority), and MEAG (Municipal Electric
Authority of Georgia) Power

Janet McDonald, OAR

Erika Sasser, OAR/OAQPS

Dana Hyland, OAR

Commenters’ offered the following comments on EPA’s June 20, 2007
proposal to revise the national ambient air quality standards for ozone:

Policy Relevant Background—PRB

EPA has underestimated PRB, and therefore overestimated the controllable
risk and underestimated the costs of reaching attainment

Weaknesses in Health Effects Evidence

Ozone Mortality:  scientific evidence is not clear on this
point—linkage with ozone mortality is weak

Bell study—correlation between ozone and hospital admissions exists
only in 6 of 95 cities, and not in LA

EPA’s planned changes to the NAAQS review process will be helpful to
ensure review of all relevant science—Right now, EPA can’t be sure
most recent information has been incorporated.  EPA should not revise
ozone standards at this time, because too much uncertainty in the
current scientific evidence.  Wait until it has gone through the new
NAAQS review process.

EPA needs to consider the implications from a public policy standpoint.
Cost to utilities of implementing additional NOx reductions will be high

Reference to Dr. Roger McClellan’s testimony before Senate EPW
Committee

If EPA revises the standard at this time, it should certainly not go
into the lower end of the range

Possibly eliminate the rounding loophole, so go from 0.084 to 0.080
ppm—this is effectively a 5% tightening of the standard.  Going into
implementation of the 1997 standard, people did not expect that standard
to be rounded to 0.084—0.08 was understood to mean 0.080 ppm, so
eliminating that “fudge factor” now might be appropriate