[Federal Register: March 9, 2006 (Volume 71, Number 46)]
[Notices]
[Page 12226-12228]
[DOCID:fr09mr06-108]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53400; File No. SR-OCC-2006-01]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of Proposed Rule Change To Revise Option Adjustment
Methodology

March 2, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on January 12, 2006, The
Options Clearing Corporation (``OCC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II, and III below, which items have been prepared
by OCC. The Commission is publishing this notice to solicit comments on
the proposed rule change from interested parties.
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    \1\ 15 U.S.C. 78s(b)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    OCC is seeking to amend Article VI (Clearance of Exchange
Transactions), Section 11A of OCC's By-Laws to (1) eliminate the need
to round strike prices and/or units of trading in the event of certain
stock dividends, stock distributions, and stock splits and (2) provide
for the adjustment of outstanding options for special dividends (i.e.,
cash distributions not declared pursuant to a policy or practice of
paying such distributions on a quarterly or other regular basis). The
proposed rule change would also add a $12.50 per contract threshold
amount for cash dividends and distributions to trigger application of
OCC's adjustment rules.

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

    In its filing with the Commission, OCC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\2\
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    \2\ The Commission has modified the text of the summaries
prepared by OCC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

A. Changes Relating to Adjustments for Certain Stock Dividends, Stock
Distributions, and Stock Splits
    OCC's By-Laws currently specify two alternative methods of
adjusting for stock dividends, stock distributions, and stock splits.
In cases where one or more whole shares are issued with respect to each
outstanding share, the number of outstanding option contracts is
correspondingly increased and strike prices are proportionally
reduced.\3\ In all other cases, the number of shares to be delivered
under the option contract is increased and the strike price is reduced
proportionately.\4\
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    \3\ For example, in the event of a 2-for-1 split, an XYZ $60
option calling for the delivery of 100 shares of XYZ stock would be
subdivided into two XYZ $30 options, each calling for the delivery
of 100 shares of XYZ stock.
    \4\ For example, in a 3-for-2 split, an XYZ $60 option calling
for the delivery of 100 shares would be adjusted to call for the
delivery of 150 shares and the strike price would be reduced to $40.
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    Although these two methods have been used since the inception of
options trading, in certain circumstances either method can produce a
windfall profit for one side and a corresponding loss for the other due
to rounding of adjusted strike prices. These profits and losses, while
small on a per-contract basis, can be significant for large positions.
Because equity option strike prices are currently stated in eighths,
OCC's By-Laws require adjusted strike prices to be rounded to the
nearest eighth. For example, if an XYZ $50 option for 100 shares were
to be adjusted for a 3-for-2 split, the deliverable would be increased
to 150 shares and the strike price would be adjusted to $33.33, which
would then be rounded up to $33\3/8\. Prior to the adjustment, a call
holder would have had to pay $5,000 to exercise ($50 x 100 shares).
After the adjustment, the caller has to pay $5,006.25 for the
equivalent stock position ($33.375 x 150 shares). Conversely, an
exercising put holder would receive $5,006.25 instead of $5,000. The
$6.25 difference represents a loss for call holders and put writers and
a windfall for put holders and call writers.
    A loss/windfall can also occur when the split results in a
fractional deliverable (e.g., when a 4-for-3 split produces a
deliverable of 133.3333 shares). In those cases, OCC's By-Laws
currently require that the deliverable be rounded down to eliminate the
fraction, and if appropriate, the strike price be further adjusted to
the nearest eighth to compensate for the diminution in the value of the
contract resulting from the elimination of the fractional share.
However, even if these steps are taken, small rounding inequities may
remain.
    The windfall profits and correspondent losses resulting from the
rounding process have historically been accepted as immaterial. Due to
recent substantial increases in trading volume and position size,
however, they have become a source of concern to exchanges and market
participants. In addition, OCC has been informed that some traders may
be exploiting announcements of splits and similar events by quickly
establishing positions designed to capture rounding windfalls at the
expense of other market participants.
    The inequity that results from the need to round strike prices can
be eliminated by using a different adjustment method: Namely, adjusting
the deliverable but not the strike prices or the values used to
calculate aggregate exercise prices and premiums. As an illustration of
the proposed adjustment methodology, in the XYZ $50 option 3-for-2
split example described above, the resulting adjustment would be a
deliverable of 150 shares of XYZ stock while the strike price would
remain at $50. In this case, the presplit multiplier of 100, used to
extend aggregate strike price and premium amounts, is unchanged. For
example, a premium of 1.50 would equal $150 ($1.5 x 100) both before
and after the adjustment. An exercising call holder would continue to
pay $50 times 100 (for a total of $5,000) but would receive 150 shares
of XYZ stock instead of 100.\5\ This is the method currently used for
property distributions such as spin-offs and special dividends large
enough to require adjustments under OCC's By-Laws.
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    \5\ The same adjustment methodology would apply to reverse stock
splits or combination of shares. For example, in a 3-for-4 reverse
stock split on a XYZ $50 option calling for the delivery of 100
shares, the resulting adjustment would be a deliverable of 75 shares
of XYZ stock while the strike price would remain at $50.
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    The inequity that results from the need to eliminate fractional
shares from

the deliverable and to compensate by further reducing the strike price
to the nearest eighth can be eliminated by adjusting the deliverable to
include cash in lieu of the fractional share. As an illustration,
consider a 4-for-3 split of the stock underlying an XYZ $80 option with
a 100 share deliverable. Employing the proposed adjustment method, the
deliverable would be adjusted to 133.3333 shares, which would be
rounded down to 133 shares, and the strike price would remain $80.
However, instead of compensating for the elimination of the .3333 share
by reducing the strike prices, the strike prices would be left
unchanged, and the deliverable would be adjusted to 133 shares plus the
cash value of the eliminated fractional share (.3333 x the post-split
value of a share of XYZ stock as determined by OCC). The adjusted
option would also continue to use 100 as the multiplier to calculate
aggregate strike and premium amounts.
    The proposed revised adjustment methodology would not generally be
used for 2-for-1 or 4-for-1 stock distributions or splits (since such
distributions or splits normally result in strike prices that do not
require rounding to the nearest eighth). In addition, the revised
adjustment methodology would not generally be used for stock dividends,
stock distributions, or stock splits with respect to any series of
options having exercise prices stated in decimals.\6\ For those
options, the existing adjustment rules would continue to apply. The
reason for this is that once the market has converted to decimal
strikes, the rounding errors created by rounding to the nearest cent
would be immaterial even given the larger positions taken in today's
markets and the other factors discussed above. Because conversion to
decimal strikes might be phased in rather than applied to all series of
equity options simultaneously, the rule has been drafted to cover both
methods of expressing exercise prices, applying the appropriate rule to
each.
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    \6\ Although there are currently no decimal strikes for equity
options, OCC wants to avoid the need for further amendments to its
By-Laws and the options disclosure document in the event that such
strikes are introduced in the future.
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    The proposed changes in adjustment methodology would not be
implemented until the exchanges have conducted appropriate educational
efforts and definitive copies of an appropriate supplement to the
options disclosure document, Characteristics and Risks of Standardized
Options, were available for distribution.\7\
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    \7\ OCC will notify the Commission and issue an Important Notice
when the proposed adjustment methodology is implemented.
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B. Changes to the Definition of ``Ordinary Dividends and
Distributions''
    Article VI, Section 11A(c) of OCC's By-Laws currently provides that
as a general rule, outstanding options will not be adjusted to
compensate for ordinary cash dividends. Interpretation and Policy .01
under Section 11A of Article VI provides that a cash dividend will
generally be deemed to be ``ordinary'' if the amount does not exceed
10% of the value of the underlying stock on the declaration date (``10%
Rule''). The OCC Securities Committee is authorized to decide on a
case-by-case basis whether to adjust for dividends exceeding that
amount. As a result, OCC historically has not adjusted for special cash
dividends unless the amount of the dividend was greater than 10% of the
stock price at the close of trading on the declaration day.
    The 10% Rule predated a number of significant developments,
including, the introduction of Long-term Equity AnticiPation Security
(``LEAPS'') options, the sizeable open interest seen today, the large
contract volume associated with trading and spreading strategies, and
modern option pricing models that take dividends into account. When
open interest and individual positions were smaller, not adjusting for
dividends of less than 10% did not have the pronounced impact it does
today. Additionally, changes to the tax code which now tax dividends
more favorably have provided an incentive for companies to pay more
dividends, including special dividends. In light of these
considerations, it is appropriate that the 10% Rule now be revised.
    Under the revision proposed by OCC, a cash dividend or distribution
would be considered ordinary (regardless of size) if the OCC Securities
Committee determines that such dividend or distribution was declared
pursuant to a policy or practice of paying such dividends or
distributions on a quarterly or other regular basis. In addition, as a
general rule, a cash dividend or distribution that is less than $12.50
per contract would not trigger the adjustment provisions of Article VI,
Section 11A.
1. No Adjustment for Regularly-Scheduled Dividends Needed
    Dividends declared by an issuer pursuant to a policy or practice of
such issuer are known and can thus be priced into option premiums. By
definition, however, special dividends cannot be anticipated in advance
and therefore cannot be integrated into option pricing models. If
adjustments are not made in response to special dividends (i.e., by
calling for the delivery of the dividend) call holders can capture the
dividends only by exercising their options. Often in these cases,
especially with LEAPS options or FLEX options which can exist for 5 to
10 years, early exercise would sacrifice substantial option time value.
This economic disadvantage would be further magnified if the option
position is large, as is often the case today. Conversely, put holders
often receive a windfall benefit from the increase in the in-the-money
value on the ex date. To the extent that equity options can be priced
accurately and consistently without dislocations due to unforeseen
special dividends, these economic disadvantages can be avoided.
Moreover, because special dividends are one-off events, adjusting for
them would not cause the proliferation of outstanding series that would
result from adjusting for regular dividends as explained below.
2. De Minimis Threshold
    Adjusting for dividends can cause a proliferation of outstanding
option symbols and series.\8\ In the interest of providing some limit
on option symbol proliferation, the proposed rule change includes a de
minimis threshold of $12.50 per contract. Special dividends smaller
than these amounts would not trigger an adjustment.
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    \8\ Symbols proliferate when adjustments are made because often
the dividend amount must be added to the deliverable yielding a non-
standard option. The exchanges then introduce standard options with
the same strikes.
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    OCC believes that a threshold that is a set dollar amount is
preferable to one that is a percentage of the stock price (like OCC's
existing 10% Rule) because there are operational problems with applying
a percentage threshold. Under the existing 10% Rule, in order to
determine whether this threshold is met, the per share dividend amount
is applied to the closing price of the underlying security on the
dividend declaration date. The date the dividend is announced (by press
release or by some other means) is not normally the ``declaration
date'' when the dividend is officially declared by an issuer's board of
directors. Until the actual declaration date, investors and traders may
not know whether or not an announced dividend will trigger an
adjustment based on the company's share price. In the interim, it is
difficult for traders and investors to price their options because

they do not know if an adjustment will be made.
    The advantage of a fixed dollar threshold is avoiding uncertainty.
The per contract value of the dividend can be immediately determined
without the need to wait until the declaration date and without the
need to do a calculation based on the closing price of the underlying
shares.
3. Consistency Across Relevant Interpretations
    Interpretations and Policies .01 and .08 under Article VI, Section
11A apply to cash distributions. Interpretation and Policy .01 (as
proposed to be amended) would apply in general to all cash
distributions. Interpretation and Policy .08 currently carves out
exceptions for fund share cash distributions and does not include a
threshold minimum. In the interest of clarity and consistency with
Interpretation and Policy .01, Interpretation .08 would be revised to
provide for the same $12.50 per contract threshold. Clause (ii) of
Interpretation and Policy .08 would be deleted because it is an
exception to the 10% Rule and would no longer be needed when the 10%
Rule is abolished.
    OCC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act \9\ and the rules and
regulations thereunder applicable to OCC because (1) it is intended to
eliminate inequities that result from certain rounding practices
currently required by OCC's By-Laws and thus protect investors and (2)
it is intended to make more predictable when cash distributions by an
issuer will result in an adjustment to an option contract and thus make
the process for adjustments more equitable for all investors.
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    \9\ 15 U.S.C. 78q-1.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any
burden on competition.

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

    Written comments were not and are not intended to be solicited with
respect to the proposed rule change, and none have been received.

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

    Within thirty-five days of the date of publication of this notice
in the Federal Register or within such longer period (i) as the
Commission may designate up to ninety days of such date if it finds
such longer period to be appropriate and publishes its reasons for so
finding or (ii) as to which the self-regulatory organization consents,
the Commission will:
    (A) By order approve such proposed rule change; or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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-OCC-2006-01 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2006-01. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Section, 100 F Street, NE,
Washington, DC 20549. Copies of such filing also will be available for
inspection and copying at the principal office of OCC and on OCC's Web
site at http://www.theocc.com. 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-OCC-2006-01 and should be submitted on or before March
24, 2006.
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    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\10\
Nancy M. Morris,
Secretary.
[FR Doc. E6-3326 Filed 3-8-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: January 10, 2008 (Volume 73, Number 7)]
[Notices]
[Page 1872-1873]
[DOCID:fr10ja08-39]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER08-293-000; ER08-293-001; ER08-297-000; ER08-297-001]

Lookout Windpower, LLC; Forward Windpower, LLC; Notice of
Issuance of Order

January 3, 2008.
    Lookout Windpower, LLC (Lookout) and Forward Windpower, LLC
(Forward) filed applications for market-based rate authority, with
accompanying market-based rate tariffs. The proposed market-based rate
tariffs provide for the sale of energy, capacity and ancillary services
at market-based rates. Lookout and Forward also requested waivers of
various Commission regulations. In particular, Lookout and Forward
requested that the Commission grant blanket approval under 18 CFR part
34 of all future issuances of securities and assumptions of liability
by Lookout and Forward.
    On January 2, 2008, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development--West, granted the requests
for blanket approval under part 34 (Director's Order). The Director's
Order also stated that the Commission would publish a separate notice
in the Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard concerning the
blanket approvals of issuances of securities or assumptions of
liability by Lookout and Forward, should file a protest with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214
(2007).
    Notice is hereby given that the deadline for filing protests is
February 1, 2008.
    Absent a request to be heard in opposition to such blanket
approvals by the deadline above, Lookout and Forward are authorized to
issue securities and assume obligations or liabilities as a guarantor,
indorser, surety, or otherwise in respect of any security of another
person; provided that such issuance or assumption is for some lawful
object within the corporate purposes of Lookout and Forward, compatible
with the public interest, and is reasonably necessary or appropriate
for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Lookout and Forward's issuance of securities or
assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions

may be filed electronically via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-228 Filed 1-9-08; 8:45 am]

BILLING CODE 6717-01-P


Email from Torrence Refinery:

From: Lynch, Diane E<EMAIL_ADDRESS>Sent: Friday, December 6, 2019 7:21 PM
To: Witosky, Matthew<EMAIL_ADDRESS>Cc: Reese, J Derek<EMAIL_ADDRESS><EMAIL_ADDRESS>Tse, Valerie B<EMAIL_ADDRESS>Subject: RE: Follow-up on Question about Emission Inventory for a Facility

Hi Matthew,

On behalf of the Torrance Refining Company, below is our response to your information request:

 The Torrance Refinery is committed to meeting our compliance obligations with all applicable legal requirements, including the Asbestos NESHAP and SCAQMD Rule 1403.
 In general, our internal procedure requires us to sample in triplicate all suspected asbestos-containing material (ACM); if it was unsafe or impractical to sample a material, the material was presumed to be ACM (through remediation to disposal).
 Once a material has been deemed ACM (through sampling or presumptive), a qualified asbestos abatement contractor remediates the material in accordance with R1403; the remediated ACM is then handed off to a waste contractor who prepares it for shipment to a TSDF. The ACM is weighed before transport off-site to a TSDF, and the weight is used in our emission inventory calculations.
 For the purposes of emission reporting, the total weight of remediated ACM is converted to tons, then multiplied by the SCAQMD default Emission Factors (0.006 lb/ton for PM, 0.0015 lb/ton for asbestos), and included in the Refinery's annual emission report submittal. The total weight of remediated ACM may also include any material that is presumed to contain Asbestos, as well as the weight of incidental items, such as asbestos-contaminated PPE, glove bags, bin liners, etc.
 All asbestos remediation activities are documented to demonstrate compliance with SCAQMD Rule 1403 as well as the Asbestos NESHAP.

Please don't hesitate to call or email me if you have any further questions. Thank you,

Diane Lynch
Environmental Scientist
Torrance Refining Company
(310) 212-4743

Asbestos NESHAP Part 61 Subpart M

§61.145   Standard for demolition and renovation.
    (a) Applicability. To determine which requirements of paragraphs (a), (b), and (c) of this section apply to the owner or operator of a demolition or renovation activity and prior to the commencement of the demolition or renovation, thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including Category I and Category II nonfriable ACM. The requirements of paragraphs (b) and (c) of this section apply to each owner or operator of a demolition or renovation activity, including the removal of RACM as follows:
    (1) In a facility being demolished, all the requirements of paragraphs (b) and (c) of this section apply, except as provided in paragraph (a)(3) of this section, if the combined amount of RACM is
    (i) At least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on other facility components, or
    (ii) At least 1 cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously.
    (2) In a facility being demolished, only the notification requirements of paragraphs (b)(1), (2), (3)(i) and (iv), and (4)(i) through (vii) and (4)(ix) and (xvi) of this section apply, if the combined amount of RACM is
    (i) Less than 80 linear meters (260 linear feet) on pipes and less than 15 square meters (160 square feet) on other facility components, and
    (ii) Less than one cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously or there is no asbestos.
    (3) If the facility is being demolished under an order of a State or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse, only the requirements of paragraphs (b)(1), (b)(2), (b)(3)(iii), (b)(4) (except (b)(4)(viii)), (b)(5), and (c)(4) through (c)(9) of this section apply.
    (4) In a facility being renovated, including any individual nonscheduled renovation operation, all the requirements of paragraphs (b) and (c) of this section apply if the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed is
    (i) At least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on other facility components, or
    (ii) At least 1 cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously.
    (iii) To determine whether paragraph (a)(4) of this section applies to planned renovation operations involving individual nonscheduled operations, predict the combined additive amount of RACM to be removed or stripped during a calendar year of January 1 through December 31.
    (iv) To determine whether paragraph (a)(4) of this section applies to emergency renovation operations, estimate the combined amount of RACM to be removed or stripped as a result of the sudden, unexpected event that necessitated the renovation.
    (5) Owners or operators of demolition and renovation operations are exempt from the requirements of §§61.05(a), 61.07, and 61.09.
* * * * *
(b) Notification requirements. Each owner or operator of a demolition or renovation activity to which this section applies shall:

* * * * *
    (c) Procedures for asbestos emission control. Each owner or operator of a demolition or renovation activity to whom this paragraph applies, according to paragraph (a) of this section, shall comply with the following procedures:
    (1) Remove all RACM from a facility being demolished or renovated before any activity begins that would break up, dislodge, or similarly disturb the material or preclude access to the material for subsequent removal. RACM need not be removed before demolition if:
    (i) It is Category I nonfriable ACM that is not in poor condition and is not friable.
    (ii) It is on a facility component that is encased in concrete or other similarly hard material and is adequately wet whenever exposed during demolition; or
    (iii) It was not accessible for testing and was, therefore, not discovered until after demolition began and, as a result of the demolition, the material cannot be safely removed. If not removed for safety reasons, the exposed RACM and any asbestos-contaminated debris must be treated as asbestos-containing waste material and adequately wet at all times until disposed of.
    (iv) They are Category II nonfriable ACM and the probability is low that the materials will become crumbled, pulverized, or reduced to powder during demolition.
    (2) When a facility component that contains, is covered with, or is coated with RACM is being taken out of the facility as a unit or in sections:
    (i) Adequately wet all RACM exposed during cutting or disjoining operations; and
    (ii) Carefully lower each unit or section to the floor and to ground level, not dropping, throwing, sliding, or otherwise damaging or disturbing the RACM.
    (3) When RACM is stripped from a facility component while it remains in place in the facility, adequately wet the RACM during the stripping operation.
    (i) In renovation operations, wetting is not required if:
    (A) The owner or operator has obtained prior written approval from the Administrator based on a written application that wetting to comply with this paragraph would unavoidably damage equipment or present a safety hazard; and
    (B) The owner or operator uses of the following emission control methods:
    (1) A local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping and removal of the asbestos materials. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in §61.152.
    (2) A glove-bag system designed and operated to contain the particulate asbestos material produced by the stripping of the asbestos materials.
    (3) Leak-tight wrapping to contain all RACM prior to dismantlement.
    (ii) In renovation operations where wetting would result in equipment damage or a safety hazard, and the methods allowed in paragraph (c)(3)(i) of this section cannot be used, another method may be used after obtaining written approval from the Administrator based upon a determination that it is equivalent to wetting in controlling emissions or to the methods allowed in paragraph (c)(3)(i) of this section.
    (iii) A copy of the Administrator's written approval shall be kept at the worksite and made available for inspection.
    (4) After a facility component covered with, coated with, or containing RACM has been taken out of the facility as a unit or in sections pursuant to paragraph (c)(2) of this section, it shall be stripped or contained in leak-tight wrapping, except as described in paragraph (c)(5) of this section. If stripped, either:
    (i) Adequately wet the RACM during stripping; or
    (ii) Use a local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in §61.152.
    (5) For large facility components such as reactor vessels, large tanks, and steam generators, but not beams (which must be handled in accordance with paragraphs (c)(2), (3), and (4) of this section), the RACM is not required to be stripped if the following requirements are met:
    (i) The component is removed, transported, stored, disposed of, or reused without disturbing or damaging the RACM.
    (ii) The component is encased in a leak-tight wrapping.
    (iii) The leak-tight wrapping is labeled according to §61.149(d)(1)(i), (ii), and (iii) during all loading and unloading operations and during storage.
    (6) For all RACM, including material that has been removed or stripped:
    (i) Adequately wet the material and ensure that it remains wet until collected and contained or treated in preparation for disposal in accordance with §61.150; and
    (ii) Carefully lower the material to the ground and floor, not dropping, throwing, sliding, or otherwise damaging or disturbing the material.
    (iii) Transport the material to the ground via leak-tight chutes or containers if it has been removed or stripped more than 50 feet above ground level and was not removed as units or in sections.
    (iv) RACM contained in leak-tight wrapping that has been removed in accordance with paragraphs (c)(4) and (c)(3)(i)(B)(3) of this section need not be wetted.
    (7) When the temperature at the point of wetting is below 0 °C (32 °F):
    (i) The owner or operator need not comply with paragraph (c)(2)(i) and the wetting provisions of paragraph (c)(3) of this section.
    (ii) The owner or operator shall remove facility components containing, coated with, or covered with RACM as units or in sections to the maximum extent possible.
    (iii) During periods when wetting operations are suspended due to freezing temperatures, the owner or operator must record the temperature in the area containing the facility components at the beginning, middle, and end of each workday and keep daily temperature records available for inspection by the Administrator during normal business hours at the demolition or renovation site. The owner or operator shall retain the temperature records for at least 2 years.
    (8) Effective 1 year after promulgation of this regulation, no RACM shall be stripped, removed, or otherwise handled or disturbed at a facility regulated by this section unless at least one on-site representative, such as a foreman or management-level person or other authorized representative, trained in the provisions of this regulation and the means of complying with them, is present. Every 2 years, the trained on-site individual shall receive refresher training in the provisions of this regulation. The required training shall include as a minimum: applicability; notifications; material identification; control procedures for removals including, at least, wetting, local exhaust ventilation, negative pressure enclosures, glove-bag procedures, and High Efficiency Particulate Air (HEPA) filters; waste disposal work practices; reporting and recordkeeping; and asbestos hazards and worker protection. Evidence that the required training has been completed shall be posted and made available for inspection by the Administrator at the demolition or renovation site.
    (9) For facilities described in paragraph (a)(3) of this section, adequately wet the portion of the facility that contains RACM during the wrecking operation.
    (10) If a facility is demolished by intentional burning, all RACM including Category I and Category II nonfriable ACM must be removed in accordance with the NESHAP before burning.


[Federal Register Volume 88, Number 73 (Monday, April 17, 2023)]
[Proposed Rules]
[Pages 23388-23389]
[FR Doc No: 2023-07964]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 1036, 1037, 1054, 1065, and 1074

[EPA-HQ-OAR-2022-0985; FRL-10827-01-OAR]

Public Hearing for Greenhouse Gas Emissions Standards for Heavy-
Duty Vehicles--Phase 3

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of public hearing.

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

SUMMARY: The Environmental Protection Agency (EPA) is announcing a two-
day virtual public hearing to be held May 2 and May 3, 2023, on its
proposal titled ``Greenhouse Gas Emissions Standards for Heavy-Duty
Vehicles--Phase 3,'' which was signed by Administrator Regan on April
11, 2023. An additional session may be held on May 4, 2023, if
necessary to accommodate the number of testifiers that sign up to
testify. In its proposal, EPA is proposing to promulgate new Greenhouse
Gas (GHG) standards for heavy-duty highway vehicles starting in model
year (MY) 2028 through MY 2032 and to revise certain GHG standards for
MY 2027 that were established previously under EPA's Greenhouse Gas
Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty
Engines and Vehicles--Phase 2 rule. Finally, as part of this action,
EPA is proposing to revise its regulations addressing preemption of
state regulation of locomotives.

DATES: EPA will hold a virtual public hearing on May 2 and May 3, 2023.
An additional session may be held on May 4, 2023, if necessary to
accommodate the number of testifiers that sign-up to testify. Please
refer to the SUPPLEMENTARY INFORMATION section of this document for
additional information on the proposal, the public hearing, and
registration. See EPA's heavy-duty GHG website at https://www.epa.gov/regulations-emissions-vehicles-and-engines/proposed-rule-greenhouse-gas-emissions-standards-heavy for any updates to the scheduled hearing
as EPA does not intend to publish a document in the Federal Register
announcing updates.

ADDRESSES: The virtual public hearing will be held on May 2 and May 3,
2023. All hearing attendees (including those who do not intend to
provide testimony) should notify EPA of their intent to attend or speak
at the hearing by preregistering by April 26, 2023, preferably by email
to [email protected], or by contacting the contact person listed
under FOR FURTHER INFORMATION CONTACT below. Additional information
regarding the hearing appears below under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Amy Kopin, Office of Transportation
and Air Quality, Assessment and Standards Division (ASD), Environmental
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105;
telephone number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION: Under its Clean Air Act section 202
authority, EPA is proposing new, more stringent GHG emissions standards
for heavy-duty vehicles. Specifically, EPA is proposing new GHG
standards for heavy-duty highway vehicles starting in MY 2028 through
MY 2032 and to revise certain GHG standards for MY 2027 that were
established previously under EPA's Greenhouse Gas Emissions and Fuel
Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles--
Phase 2 rule (``HD GHG Phase 2''). EPA is also proposing to update
discrete elements of the Averaging Banking and Trading program,
including a proposal to eliminate the last model year of the HD GHG
Phase 2 advanced technology incentive program for certain types of
electric highway heavy-duty vehicles. EPA is proposing to add warranty
requirements for batteries and other components of zero-emission
vehicles and to require customer-facing battery state-of-health
monitors for plug-in hybrid and battery electric vehicles. EPA is also
proposing additional revisions and clarifying and editorial amendments
to certain highway heavy-duty vehicle provisions of 40 CFR part 1037
and certain test procedures for heavy-duty engines in 40 CFR parts 1036
and 1065. Finally, as part of this action, EPA is proposing to revise
its regulations addressing preemption of state regulation of
locomotives.
    The ``Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles--
Phase 3'' proposed rule was signed on April 11, 2023 and will be
published in the Federal Register. The pre-publication version is
available at https://www.epa.gov/regulations-emissions-vehicles-and-engines/proposed-rule-greenhouse-gas-emissions-standards-heavy.
    EPA is hosting a separate hearing for the ``Multi-Pollutant
Emissions Standards for Model Years 2027 and Later Light-Duty and
Medium-Duty Vehicles'' (LMDV) proposed rule that was signed on April
11, 2023. For more information on the LMDV rule and how to attend the
LMDV hearing visit the light-duty vehicle GHG rule website at https://www.epa.gov/regulations-emissions-vehicles-and-engines/proposed-rule-multi-pollutant-emissions-standards-model.

Participation in Virtual Public Hearing

    To register to speak at the virtual hearing or attend the hearing
(including those who do not intend to provide testimony) please notify
EPA by April 26, 2023, preferably by email to [email protected],
or by contacting the contact person listed under FOR FURTHER
INFORMATION CONTACT. While preregistration by April 26, 2023, is
preferred, registration will be open through the last day of the
hearing. However, we request that you register by April 26, 2023, if
you are requesting special accommodations and describe your needs. To
the extent possible, EPA will work to accommodate requests to register
or testify received after April 26, 2023, although EPA may not be able
to arrange special accommodations without advanced notice. Instructions
and a link to join the hearing will be provided via email to all
participants that register.
    Each speaker will have a maximum of three minutes to provide oral
testimony. EPA may ask clarifying questions during the oral
presentations but will not respond to the presentations at that time.
EPA recommends submitting the text of your oral comments as written
comments to the rulemaking docket for this action (Docket ID EPA-HQ-
OAR-2022-0985); please clearly mark your submittal as hearing
testimony. Written statements and supporting information submitted
during the comment period will be considered with the same weight as
oral comments and supporting information presented at the public
hearing.
    The testimony provided will be transcribed and included as a part
of the record in the docket for this rulemaking. Additional written
comments may be submitted to the rulemaking docket, which may be
accessed via www.regulations.gov. Do not include, either in testimony
or written comments submitted directly to the docket, any information
you consider to be sensitive information, including but not limited to
Confidential Business Information

(CBI)/Proprietary Business Information (PBI), medical information about
someone other than yourself, or any information whose disclosure is
restricted by an applicable authority. Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission
methods; the full EPA public comment policy; information about how to
submit sensitive information such as CBI/PBI, or multimedia
submissions; and general guidance on making effective comments.
    Please note that any updates made to any aspect of the hearing
logistics, including a potential additional session on May 4, 2023,
will be posted online at the heavy-duty vehicle GHG rule website
(https://www.epa.gov/regulations-emissions-vehicles-and-engines/proposed-rule-greenhouse-gas-emissions-standards-heavy). While EPA
expects the hearing to go forward as set forth above, please monitor
our website or contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to determine if there are any updates. EPA does not
intend to publish a document in the Federal Register announcing
updates.
    EPA will provide participants with the option to enable live closed
captioning services and if requested, Spanish interpretation during the
hearing. If you are requesting special accommodations, please pre-
register for the hearing and describe your needs by April 26, 2023. EPA
may not be able to arrange accommodations without advanced notice.

How can I get copies of the proposed action and other related
information?

    EPA has established a docket for this action under Docket ID No.
EPA-HQ-OAR-2022-0985. EPA has also developed a website for this
proposal, which is available at https://www.epa.gov/regulations-emissions-vehicles-and-engines/proposed-rule-greenhouse-gas-emissions-standards-heavy. Please refer to the notice of proposed rulemaking for
detailed information on accessing information related to the proposal.

William Charmley,
Director, Assessment and Standards Division, Office of Transportation
and Air Quality.
[FR Doc. 2023-07964 Filed 4-14-23; 8:45 am]
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[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Rules and Regulations]
[Pages 24686-24688]
[FR Doc No: 2023-08488]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0158; Project Identifier MCAI-2022-01148-T;
Amendment 39-22414; AD 2023-07-12]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A300 series airplanes. This AD was prompted by a
determination that new or more restrictive airworthiness limitations
are necessary. This AD requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective May 30, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 30,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0158; 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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at 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<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-0158.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus SAS Model
A300 series airplanes. The NPRM published in the Federal Register on
February 6, 2023 (88 FR 7651). The NPRM was prompted by AD 2022-0171,
dated August 19, 2022, issued by EASA, which is the Technical Agent for
the Member States of the European Union (EASA AD 2022-0171) (also
referred to as the MCAI). The MCAI states that new or more restrictive
airworthiness limitations have been developed.
    EASA AD 2022-0171 specifies that it requires a task (limitation)
related to the replacement of life-limited parts already in Airbus A300
Airworthiness Limitations Section (ALS) Part 1 Safe Life Airworthiness
Limitations Items (SL-ALI) Revision 02 that is required by EASA AD
2017-0204 (which corresponds to FAA AD 2018-18-19, Amendment 39-19398
(83 FR 47056, September 18, 2018) (AD 2018-18-19)), and that
incorporation of EASA AD 2022-0171 invalidates (terminates) prior
instructions for that task. This AD therefore terminates the
limitations for the tasks identified in the service information
referenced in EASA AD 2022-0171, as required by paragraph (g) of AD
2018-18-19, for Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-103,
and B4-203 airplanes only.
    In the NPRM, the FAA proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, as specified in EASA AD
2022-0171. The FAA is issuing this AD to address fatigue damage in
principal structural elements. The unsafe condition, if not addressed,
could result in reduced structural integrity of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0158.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.

Conclusion

    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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comment received, and determined that air safety requires adopting this
AD as proposed. Accordingly, the FAA is issuing this AD to address the
unsafe condition on this product. Except for minor editorial changes,
this AD is adopted as proposed in the NPRM. None of the changes will
increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0171, which specifies new or more
restrictive airworthiness limitations for airplane structures and safe
life limits. This service information is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 2 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this 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. Therefore, the agency estimates the average total cost per

operator to be $7,650 (90 work-hours x $85 per work-hour).

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

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-07-12 Airbus SAS: Amendment 39-22414; Docket No. FAA-2023-0158;
Project Identifier MCAI-2022-01148-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 30, 2023.

(b) Affected ADs

    This AD affects AD 2018-18-19, Amendment 39-19398 (83 FR 47056,
September 18, 2018) (AD 2018-18-19).

(c) Applicability

    This AD applies to all Airbus SAS Model A300 B2-1A, B2-1C, B2K-
3C, B2-203, B4-2C, B4-103, and B4-203 airplanes, certificated in any
category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue damage in principal structural
elements. The unsafe condition, if not addressed, could result in
reduced structural integrity of the airplane.

(f) Compliance

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

(g) Requirements

    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
2022-0171, dated August 19, 2022 (EASA AD 2022-0171).

(h) Exceptions to EASA AD 2022-0171

    (1) This AD does not adopt the requirements specified in
paragraph (1) of EASA AD 2022-0171.
    (2) Paragraph (2) of EASA AD 2022-0171 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (2) of EASA 2022-0171 is at the applicable ``limitations''
as incorporated by the requirements of paragraph (2) of EASA AD
2022-0171, or within 90 days after the effective date of this AD,
whichever occurs later.
    (4) This AD does not adopt the provisions specified in paragraph
(3) of EASA AD 2022-0171.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0171 does not apply.

(i) 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 2022-0171.

(j) Terminating Action for AD 2018-18-19

    Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2018-18-19 for the tasks identified
in the service information referenced in EASA AD 2022-0171, for
Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and B4-203
airplanes only.

(k) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
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 International
Validation Branch, send it to the attention of the person identified
in paragraph (l) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district 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, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(l) Additional Information

    For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
206-231-3225; email [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0171,
dated August 19, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0171, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999

000; email [email protected]; website easa.europa.eu. You may find
this EASA AD on the EASA website at ad.easa.europa.eu.
    (4) 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<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 8, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-08488 Filed 4-21-23; 8:45 am]
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