species stage year impinged. est entrained. est notes comments junk junk 1990 99 99 junk junk bigmouth. buffalo age01 1977 5 0 junk junk black. crappie age01 1977 53 0 # 21936, table 4 5, page 4 20 NA bluegill age01 1977 1780 0 # 21936, table 4 5, page 4 20 NA brown. bullhead age01 1977 64 0 # 21936, table 4 5, page 4 20 NA common. carp age01 1977 237 0 # 21936, table 4 5, page 4 20 NA channel. catfish age01 1977 680 0 # 21936, table 4 5, page 4 20 NA emerald. shiner age01 1977 315 0 # 21936, table 4 5, page 4 20 NA flathead. catfish age01 1977 22 0 # 21936, table 4 5, page 4 20 NA freshwater. drum age01 1977 19868 0 # 21936, table 4 5, page 4 20 NA gizzard. shad age01 1977 110362 0 # 21936, table 4 5, page 4 20 NA golden. redhorse age01 1977 5 0 # 21936, table 4 5, page 4 20 NA goldeye age01 1977 95 0 # 21936, table 4 5, page 4 20 NA goldfish age01 1977 16 0 # 21936, table 4 5, page 4 20 NA largemouth. bass age01 1977 21 0 # 21936, table 4 5, page 4 20 NA logperch age01 1977 5 0 # 21936, table 4 5, page 4 20 NA longear. sunfish age01 1977 32 0 # 21936, table 4 5, page 4 20 NA longnose. gar age01 1977 27 0 # 21936, table 4 5, page 4 20 NA mooneye age01 1977 1560 0 # 21936, table 4 5, page 4 20 NA paddlefish age01 1977 4289 0 # 21936, table 4 5, page 4 20 NA quillback age01 1977 304 0 # 21936, table 4 5, page 4 20 NA redhorse. spp age01 1977 16 0 # 21936, table 4 5, page 4 20 NA river. carpsucker age01 1977 21 0 # 21936, table 4 5, page 4 20 NA rosyface. shiner age01 1977 1392 0 # 21936, table 4 5, page 4 20 NA sauger age01 1977 1886 0 # 21936, table 4 5, page 4 20 NA shorthead. redhorse age01 1977 11 0 # 21936, table 4 5, page 4 20 NA silver. chub age01 1977 148 0 # 21936, table 4 5, page 4 20 NA skipjack. herring age01 1977 32571 0 # 21936, table 4 5, page 4 20 NA smallmouth. buffalo age01 1977 253 0 # 21936, table 4 5, page 4 20 NA unidentified age01 1977 16 0 # 21936, table 4 5, page 4 20 NA warmouth age01 1977 62 0 # 21936, table 4 5, page 4 20 NA white. bass age01 1977 2844 0 # 21936, table 4 5, page 4 20 NA white. crappie age01 1977 500 0 # 21936, table 4 5, page 4 20 NA white. sucker age01 1977 5 0 # 21936, table 4 5, page 4 20 NA river. shiner age01 1977 5 0 # 21936, table 4 5, page 4 20 NA river. redhorse age01 1977 11 0 # 21936, table 4 5, page 4 20 NA spotted. sucker age01 1977 11 0 # 21936, table 4 5, page 4 20 NA common. carp juvenile 1977 0 90971936, table 4 7, page 4 23, Appendix Fed in doc. 21936. channel. catfish juvenile 1977 0 1637501936, table 4 7, page 4 23, Appendix Fed in doc. 21936. channel. catfish larvae 1977 0 181941936, table 4 7, page 4 23, Appendix Fed in doc. 21936. darter. family age01 1977 0 90971936, table 4 7, page 4 23, Appendix Fed in doc. 21936. darter. family larvae 1977 0 90971936, table 4 7, page 4 23, Appendix Fed in doc. 21936. emerald. shiner juvenile 1977 0 181941936, table 4 7, page 4 23, Appendix Fed in doc. 21936. freshwater. drum juvenile 1977 0 90971936, table 4 7, page 4 23, Appendix Fed in doc. 21936. freshwater. drum larvae 1977 0 1091671936, table 4 7, page 4 23, Appendix Fed in doc. 21936. gizzard. shad age01 1977 0 181941936, table 4 7, page 4 23, Appendix Fed in doc. 21936. gizzard. shad juvenile 1977 0 4275691936, table 4 7, page 4 23, Appendix Fed in doc. 21936. gizzard. shad larvae 1977 0 90971936, table 4 7, page 4 23, Appendix Fed in doc. 21936. herring. family larvae 1977 0 5003471936, table 4 7, page 4 23, Appendix Fed in doc. 21936. minnow. family juvenile 1977 0 90971936, table 4 7, page 4 23, Appendix Fed in doc. 21936. minnow. family larvae 1977 0 272921936, table 4 7, page 4 23, Appendix Fed in doc. 21936. mooneye larvae 1977 0 90971936, table 4 7, page 4 23, Appendix Fed in doc. 21936. paddlefish juvenile 1977 0 272921936, table 4 7, page 4 23, Appendix Fed in doc. 21936. percid. spp larvae 1977 0 90971936, table 4 7, page 4 23, Appendix Fed in doc. 21936. rosyface. shiner juvenile 1977 0 1000691936, table 4 7, page 4 23, Appendix Fed in doc. 21936. sauger juvenile 1977 0 90971936, table 4 7, page 4 23, Appendix Fed in doc. 21936. skipjack. herring juvenile 1977 0 454861936, table 4 7, page 4 23, Appendix Fed in doc. 21936. sucker. family larvae 1977 0 12554161936, table 4 7, page 4 23, Appendix Fed in doc. 21936. sucker. family larvae 1977 0 67592351936, table 4 7, page 4 23, Appendix Fed in doc. 21936. sunfish. family juvenile 1977 0 90971936, table 4 7, page 4 23, Appendix Fed in doc. 21936. crappie. spp larvae 1977 0 181941936, table 4 7, page 4 23, Appendix Fed in doc. 21936. unidentified egg 1977 0 63681 # 21936, table 4 7, page 4 23ed in doc. 21936. unidentified juvenile 1977 0 1164444 # 21936, table 4 7, page 4 23ed in doc. 21936. unidentified larvae 1977 0 855139 # 21936, table 4 7, page 4 23ed in doc. 21936. unidentified larvae 1977 0 145556 # 21936, table 4 7, page 4 23ed in doc. 21936. Impingement and entrainment losses for the Tanner's Facility Workbook compiled for use in fish impingement/ entainment loss model. A. Gret, 09/ 03/ 01 Worksheet Description losses01 Reported impingement & entrainment losses J. Hazen, 12/ 18/ 01  Changed all NA's back to 0 with exception of entrainment " unknown". Due to conversation with D. Cacela indicating that use of NA due to an identified unknown or other component is incorrect.


[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Proposed Rules]
[Pages 29196-29198]
[FR Doc No: 2016-10740]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6427; Directorate Identifier 2015-NM-200-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2007-11-
13, which applies to all The Boeing Company Model 717-200 airplanes. AD
2007-11-13 currently requires revising the Airworthiness Limitations
Section (ALS) of the Instructions for Continued Airworthiness to
incorporate new removal limits for certain components of the flap
system and to reduce the inspection interval s for fatigue cracking of
principal structural elements (PSE). Since we issued AD 2007-11-13, a
new Airworthiness Limitations Instructions (ALI) revision was released
that incorporates nondestructive inspection (NDI) techniques and
reduced repetitive inspection intervals for three PSEs. We have
determined that these reduced intervals are necessary to address the
unsafe condition. This proposed AD would require revising the
maintenance or inspection program, as applicable, to incorporate
reduced intervals for the inspections for three PSEs and add NDI
techniques to the inspection process. We are proposing this AD to
detect and correct fatigue cracking of certain PSEs. Such cracking
could adversely affect the structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by June 27, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, 3855
Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001; telephone
206-544-5000, extension 2; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6427; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Eric Schrieber, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone:
562-627-5348; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-6427;
Directorate Identifier 2015-NM-200-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On June 29, 2007, we issued AD 2007-11-13, Amendment 39-15070 (72
FR 29237, May 25, 2007) (``AD 2007-11-13''), for all The Boeing Company
Model 717-200 airplanes. AD 2007-11-13 requires revising the ALS of the
Instructions for Continued Airworthiness to incorporate new removal
limits for certain components of the flap system and to reduce the
inspection intervals for fatigue cracking of PSEs. AD 2007-11-13
resulted from a revised damage tolerance analysis. We issued AD 2007-
11-13 to detect and correct fatigue cracking of certain PSEs. Such
cracking could adversely affect the structural integrity of the
airplane.

Actions Since AD 2007-11-13 Was Issued

    Since we issued AD 2007-11-13, a new ALI revision was released that
incorporates NDI techniques and reduced repetitive inspection intervals
for three PSEs. We have determined that these reduced intervals are
necessary to address the unsafe condition.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing 717-200, Report MDC-96K9063, Airworthiness

Limitations Instructions, Revision 14, dated July 2015. The service
information describes procedures for inspecting PSEs, and includes a
change to reduce the interval inspections for three PSEs and adds NDI
techniques to the inspection process. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

FAA's Determination

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

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2007-11-13.
This proposed AD would require revising the maintenance or inspection
program, as applicable, to incorporate reduced intervals for the
inspections for three PSEs and add NDI techniques to the inspection
process.
    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 according to paragraph
(k) of this proposed AD. The request should include a description of
changes to the required actions that will ensure the continued
operational safety of the airplane.

Costs of Compliance

    We estimate that this proposed AD affects 572 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                   Action                                 Labor cost                  product        operators
----------------------------------------------------------------------------------------------------------------
Maintenance or inspection program revision.  1 work-hour x $85 per hour = $85...             $85         $48,620
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2007-11-13, Amendment 39-15070 (72 FR 29237, May 25, 2007), and adding
the following new AD:

The Boeing Company: Docket No. FAA- 2016-6427; Directorate
Identifier 2015-NM-200-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by June 27,
2016.

(b) Affected ADs

    This AD replaces AD 2007-11-13, Amendment 39-15070 (72 FR 29237,
May 25, 2007) (``AD 2007-11-13'').

(c) Applicability

    This AD applies to all The Boeing Company Model 717-200
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 51, Standard
practices/structures.

(e) Unsafe Condition

    This AD was prompted due to a reduction in the repetitive
inspection interval for three principal structural elements (PSE).
We are issuing this AD to detect and correct fatigue cracking of
certain PSEs. Such cracking could adversely affect the structural
integrity of the airplane.

(f) Compliance

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

(g) Retained Revising of the Airworthiness Limitations Section (ALS)
With Updated Service Information

    This paragraph restates the requirements of paragraph (h) of AD
2007-11-13, with updated service information. Within 180 days after
June 29, 2007 (the effective date of AD 2007-11-13): Revise the ALS
of the Instructions for Continued Airworthiness, Airworthiness
Limitations Instructions (ALI), in accordance with Boeing 717-200
ALI, Report MDC-96K9063, Revision 5, dated February 2006.

(h) Retained Provision Regarding Alternative Actions, Intervals With
Updated Information

    This paragraph restates the requirements of paragraph (i) of AD
2007-11-13, with updated information. Except as required by
paragraph (i) of this AD: After the ALS has been revised as required
by paragraph (g) of this AD, no alternative actions (e.g.,
inspections), intervals, may be used unless the actions, intervals,
are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (k) of this
AD.

(i) New Maintenance or Inspection Program Revision

    Within 180 days after the effective date of this AD: Revise the
maintenance or inspection program, as applicable, to incorporate the
information specified in Boeing 717-200 ALI, Report MDC-96K9063,
Revision 14, dated July 2015. The initial compliance times for doing
the actions specified in Boeing 717-200 ALI, Report MDC-96K9063,
Revision 14, dated July 2015, are at the later of the times
specified in paragraphs (i)(1) and (i)(2) of this AD. Compliance
with this paragraph terminates the requirements of paragraph (g) of
this AD.
    (1) Within the applicable compliance times specified in Boeing
717-200 ALI, Report MDC-96K9063, Revision 14, dated July 2015.
    (2) Within 180 days from the effective date of this AD.

(j) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (i) of this AD, no alternative actions (e.g.,
inspections) or intervals may be used unless the actions or
intervals are approved as an AMOC in accordance with the procedures
specified in paragraph (k) of this AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office
(ACO), 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
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (l)(1) of this AD.
    (2) 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO, FAA, to make those findings. To be
approved, the repair method, modification deviation, or alteration
deviation must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.
    (4) AMOCs approved previously for AD 2007-11-13 are not approved
as AMOCs with this AD.

(l) Related Information

    (1) For more information about this AD, contact Eric Schrieber,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5348; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001;
telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com. You may view this service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on April 28, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-10740 Filed 5-10-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: December 4, 2006 (Volume 71, Number 232)]
[Rules and Regulations]
[Page 70315-70318]
[DOCID:fr04de06-14]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2006-0883; FRL-8251-2]

Approval and Promulgation of Implementation Plans; State of
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the state of Missouri for the inclusion of revisions to
the Construction Permit Exemptions rule. The Construction Permit
Exemptions rule lists specific construction or modification projects
that are not required to obtain permits under the Construction Permits
Required rule. Revisions to this rule include updating the
insignificance levels, adding a new exemption for manufacturing
operations (which produce insignificant emissions), clarifying the
grain handling facilities exemption, and restructuring of the record
keeping portion of the rule. Missouri developed the revisions to this
rule under two separate state rulemaking processes.

DATES: This direct final rule will be effective February 2, 2007,
without further notice, unless EPA receives adverse comment by January
3, 2007. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2006-0883, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail: Amy Algoe-Eakin, Environmental Protection Agency, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
    4. Hand Delivery or Courier: Deliver your comments to Amy Algoe-
Eakin, Environmental Protection Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2006-0883. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov
 or e-mail information that you consider to be CBI

or otherwise protected. The http://www.regulations.gov Web site is an

``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute.

Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental

Protection Agency, Air Planning and Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101. The Regional Office's official hours
of business are Monday through Friday, 8 to 4:30, excluding Federal
holidays. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.

FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at<PHONE_NUMBER>, or
by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This section provides
additional information by addressing the following questions:

    What is a SIP?
What is the Federal approval process for a SIP?
What does Federal approval of a state regulation mean to me?
What is being addressed in this document?
Have the requirements for approval of a SIP revision been met?
What action is EPA taking?

What is a SIP?

    Section 110 of the Clean Air Act (CAA) requires states to develop
air pollution regulations and control strategies to ensure that state
air quality meets the national ambient air quality standards
established by EPA. These ambient standards are established under
section 109 of the CAA, and they currently address six criteria
pollutants. These pollutants are: Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide. Each state must
submit these regulations and control strategies to us for approval and
incorporation into the Federally-enforceable SIP.
    Each Federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.

What is the Federal approval process for a SIP?

    In order for state regulations to be incorporated into the
Federally-enforceable SIP, states must formally adopt the regulations
and control strategies consistent with state and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
    Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the proposed
Federal action on the state submission. If adverse comments are
received, they must be addressed prior to any final Federal action by
us.
    All state regulations and supporting information approved by EPA
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual state regulations
which are approved are not reproduced in their entirety in the CFR
outright but are ``incorporated by reference,'' which means that we
have approved a given state regulation with a specific effective date.

What does Federal approval of a state regulation mean to me?

    Enforcement of the state regulation before and after it is
incorporated into the Federally-approved SIP is primarily a state
responsibility. However, after the regulation is Federally approved, we
are authorized to take enforcement action against violators. Citizens
are also offered legal recourse to address violations as described in
section 304 of the CAA.

What is being addressed in this document?

    On April 6, 2005, and July 24, 2006, Missouri requested that EPA
approve revisions to the SIP to include revisions to the Construction
Permit Exemptions rule, 10 CSR 10-6.061. The Construction Permit
Exemptions rule lists specific construction or modification projects
that are not required to obtain permits under the Construction Permits
Required rule. The intent of the Construction Permit Exemptions rule is
to exempt minor and/or de minimis sources from permitting requirements.
Sources which would emit at or above major source levels are not
eligible for the exemptions.
    Missouri made four revisions to this rule. The revisions to the
Construction Permit Exemptions rule include (1) revising subparagraph
(3)(A)2.E., (2) adding subparagraph (3)(A)2.DD., (3) revising
subsection(3)(A)3., and (4) restructuring section (4) of this rule.
    One of the revisions includes revising subparagraph (3)(A)2.E.,the
grain handling, storage, and drying facilities exemption. Missouri
added the word ``commercial'' into this subsection, which clarifies
which grain handling facilities are exempt from construction permits.
    Another revision includes Missouri adding subparagraph (3)(A)2.DD.
to include a new exemption for ``carving, cutting, routing, turning,
drilling, machining, sawing, sanding, planing, buffing, or polishing
solid materials, other than materials containing any asbestos,
beryllium or lead greater than one percent by weight as determined by
Material Safety Data Sheets, vendor material specifications, and/or
purchase order specifications with specific operating parameters for
equipment.'' Missouri states that the inclusion of this exemption will
not have a negative impact on air quality and included this exemption
in the technical analysis which demonstrates that the significant
revisions to this rule do not negatively impact air quality.
    For revisions to subparagraph(3)(A)3., Missouri revised the
insignificant emission exemption levels. Missouri regulations exempt
installations from the requirement to obtain a construction permit if
emissions of criteria pollutants (except lead) from the proposed
construction or modification are below a significance level. For the
non-lead criteria pollutants, the state retained the 876 pounds per
year level, except for volatile organic compounds (VOCs), which was
raised to 4,000 pounds per year. The state also increases the short-
term limit from 0.5 pounds per hour for all pollutants to 1.0 pound for
PM10, 2.75 pounds for sulfur oxides (SOX),
nitrogen oxides (NOX), and VOCs, and 6.88 pounds for carbon
monoxide (CO). Missouri evaluated the significance levels and conducted
an analysis which assumed emissions below these de minimis levels and
average emission stack parameters collected from Missouri's Emission
Inventory Questionnaire data and modeling software. Missouri evaluated
the results in light of the ambient air quality standards and concluded
that raising existing insignificance levels will not result in a
significant negative impact on air quality. Missouri also included the
new exemption in subparagraph (3)(A)2.DD. in this analysis. In
addition, the construction permit exemption rule specifies that the
MDNR Air Pollution Control Program director has the discretion to
require review if the construction or modification will

appreciably affect air quality or exceed air quality standards or
complaints involving air pollution have been filed in the vicinity of
the proposed construction of modification. Missouri can use this
authority if a specific source might have air quality impacts of
concern.
    The final revision to this rule is the addition of language to
Section (4), ``Reporting and Record Keeping''. This revision moves the
recording keeping provisions from subsection (3)(A)3.E. to Section (4).

Have the requirements for approval of a SIP revision been met?

    The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the technical
support document which is part of this docket, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.

What action is EPA taking?

    We are approving Missouri's revisions to the Construction Permit
Exemptions rule, 10 CSR 10-6.061, with the exception of the livestock
markets and livestock operations exemption, Section (3)(A)2.D., which
was withdrawn in an October 25, 2005, request by the state of Missouri.
    We are processing this action as a direct final action because the
revisions make routine changes to the existing rules which are
noncontroversial. Therefore, we do not anticipate any adverse comments.
Please note that if EPA receives adverse comment on part of this rule
and if that part can be severed from the remainder of the rule, EPA may
adopt as final those parts of the rule that are not the subject of an
adverse comment.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 2, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: November 17, 2006.
John B. Askew,
Regional Administrator, Region 7.

0
Chapter I, Title 40 of the Code of Federal Regulations is amended as
follows:

PART 52--[AMENDED]

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

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

Subpart AA--Missouri

0
2. In Sec.  52.1320(c) the table is amended under Chapter 6 by revising
the entry for 10-6.061 to read as follows:

Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                       State
   Missouri  citation              Title          effective date     EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources

----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *

----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
10-6.061................  Construction Permit            7/30/06  12/4/06 [insert FR      Section (3)(A)2.D. is
                           Exemptions.                             page number where the   not included in the
                                                                   document begins].       SIP.
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. E6-20436 Filed 12-1-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Notices]
[Page 24090]
[FR Doc No: 2016-09568]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9944-79-OEI]

Agency Information Collection Activities OMB Responses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This document announces the Office of Management and Budget
(OMB) responses to Agency Clearance requests, in compliance with the
Paperwork Reduction Act (44 U.S.C. 3501 et. seq.). An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA regulations are listed
in 40 CFR part 9 and 48 CFR chapter 15.

FOR FURTHER INFORMATION CONTACT: Courtney Kerwin<PHONE_NUMBER>, or
email at<EMAIL_ADDRESS>and please refer to the appropriate
EPA Information Collection Request (ICR) Number.

SUPPLEMENTARY INFORMATION:

OMB Responses to Agency Clearance Requests

OMB Approvals

    EPA ICR Number 1856.10; NESHAP for Primary Lead Processing
(Renewal); 40 CFR part 63, subparts A and TTT; was approved without
change on 11/18/2015; OMB Number 2060-0414; expires on 11/30/2018.
    EPA ICR Number 2294.04; NESHAP for Plating and Polishing Area
Sources (Renewal); 40 CFR part 63, subparts A and WWWWWW; was approved
without change on 11/18/2015; OMB Number 2060-0623; expires on 11/30/
2018.
    EPA ICR Number 1069.11; NSPS for Primary and Secondary Emissions
from Basic Oxygen Furnaces (Renewal); 40 CFR part 60, subparts A, N and
Na; was approved without change on 11/18/2015; OMB Number 2060-0029;
expires on 11/30/2018.
    EPA ICR Number 1167.11; NSPS for Lime Manufacturing (Renewal); 40
CFR part 63, subparts A and HH; was approved without change on 11/18/
2015; OMB Number 2060-0063; expires on 11/30/2018.
    EPA ICR Number 1716.09; NESHAP for Wood Furniture Manufacturing
Operations (Renewal); 40 CFR part 63, subparts A and JJ; was approved
without change on 11/18/2015; OMB Number 2060-0324; expires on 11/30/
2018.
    EPA ICR Number 1081.11; NESHAP for Inorganic Arsenic Emissions from
Glass Manufacturing Plants (Renewal); 40 CFR part 61, subparts N and A;
was approved without change on 11/18/2015; OMB Number 2060-0043;
expires on 11/30/2018.
    EPA ICR Number 1428.10; Trade Secret Claims for Community Right-to-
Know and Emergency Planning (Renewal); 40 CFR part 350; was approved
with change on 11/23/2015; OMB Number 2050-0078; expires on 11/30/2018.
    EPA ICR Number 1446.11; PCBs: Consolidated Reporting and
Recordkeeping Requirements (Renewal); 40 CFR part 761; was approved
without change on 11/23/2015; OMB Number 2070-0112; expires on 11/30/
2018.
    EPA ICR Number 2163.05; NSPS for other Solid Waste Incineration
(OSWI) Units (Renewal); 40 CFR part 60, subparts EEEE and A; was
approved without change on 11/30/2015; OMB Number 2060-0563; expires on
11/30/2018.

Comment Filed

    EPA ICR Number 2486.01; Reporting and Recordkeeping Requirements
for the Proposed Rule on Management Standards for Hazardous Waste
Pharmaceuticals (Proposed Rule); 40 CFR part 266; OMB filed comment on
11/02/2015.
    EPA ICR Number 2513.01; Reporting and Recordkeeping Requirements
for the Proposed Hazardous Waste Generator Improvements Rule (Proposed
Rule); 40 CFR parts 262.14 (a)(4) (viii) (B)(1)-(4), 262.11 (e), 262.15
(a)(5) (ii) and (iii), 262.16 (b)(6) (i)(B) and (C), 262.16 (b)(6)
(ii)(B), 262.16 (b)(8) (vi) (3) (B), 262.17 (a) (5) (i) (B) and (C),
262.17 (a) (5) (ii) (B), 262.17 (a) (8) (i) (A) and (B), 262.17 (c) (4)
(iv) (B)-(C), 262.17 (g), 262.18, 262.32 (c), 262.232, 262.233 (a),
262.234 (a), 262.256 (b), 262.262 (b)(2), 263.12 (b)(3)-(4), 268.50
(a)(2) (i) (C)-(D); OMB filed comment on 11/02/2015.

Courtney Kerwin,
Acting Director, Collections Strategies Division.
[FR Doc. 2016-09568 Filed 4-22-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 13, 2005 (Volume 70, Number 197)]
[Notices]
[Page 59743-59744]
[DOCID:fr13oc05-84]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP05-686-000]

Southwest Gas Storage Company; Notice of Tariff Filing

October 5, 2005.

    Take notice that on September 30, 2005, Southwest Gas Storage
Company (Southwest) tendered for filing as part of its FERC Gas Tariff,
First Revised Volume No. 1, Fifteenth Revised Sheet No. 5, to become
effective November 1, 2005.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or

protests must be filed in accordance with the provisions of Sec.
154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5625 Filed 10-12-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)]
[Notices]
[Pages 25310-25311]
[FR Doc No: 2015-10329]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2015-0042]

Navigation Safety Advisory Council; Vacancies

AGENCY: Coast Guard, DHS.

ACTION: Request for applications.

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

SUMMARY: The Coast Guard seeks applications for membership on the
Navigation Safety Advisory Council. The Navigation Safety Advisory
Council provides advice and recommendations to the Secretary of
Homeland Security, through the Commandant of the U.S. Coast Guard, on
matters relating to maritime collisions, rammings, and groundings;
Inland Rules of the Road; International Rules of the Road; navigation
regulations and equipment; routing measures; marine information; diving
safety; and aids to navigation systems.

DATES: Completed applications should reach the Coast Guard on or before
June 30, 2015.

ADDRESSES: Applicants should send a cover letter expressing interest in
an appointment to the Navigation Safety Advisory Council that also
indentifies which membership category the applicant is applying under,
along with the resume detailing the applicant's experience via one of
the following methods:
     By mail: Commandant (CG-NAV)/NAVSAC Attn: Mr. George
Detweiler, Alternate Designated Federal Officer, Commandant (CG-NAV),
U.S. Coast Guard 2703 Martin Luther King Avenue SE., STOP 7418,
Washington, DC 20593-7418;
     By fax to<PHONE_NUMBER>; or
     By email to<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Mr. George Detweiler, the Navigation
Safety Advisory Council Alternate Designated Federal Officer, telephone
202-372-1566, fax<PHONE_NUMBER>, or email<EMAIL_ADDRESS>
or Mr. Burt Lahn, Navigation Safety Advisory Council coordinator,
telephone<PHONE_NUMBER>, or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Navigation Safety Advisory Council is a
federal advisory committee authorized by 33 U.S.C. 2073 and chartered
under the Federal Advisory Committee Act, (5 U.S.C. Appendix). The
Navigation Safety Advisory Council provides advice and recommendations
to the Secretary, through the Commandant of the U.S. Coast Guard, on
matters relating to maritime collisions, rammings, and groundings;
Inland Rules of the Road; International Rules of the Road; navigation
regulations and equipment; routing measures; marine information; diving
safety; and aids to navigation systems.
    The Navigation Safety Advisory Council is expected to meet at least
twice each year, or more often with the approval of the Designated
Federal Officer. All members serve at their own expense and receive no
salary from the Federal Government, although travel reimbursement and
per diem may be provided for called meetings. The Navigation Safety
Advisory Council is composed of not more than 21 members who all will
have expertise in Inland and International vessel navigation Rules of
the Road, aids to maritime navigation, maritime law, vessel safety,
port safety, or commercial diving safety. Each member will be appointed
to represent the viewpoints and interests of one of the following
groups or organizations, and at least one member will be appointed to
represent each membership category:
    a. Commercial vessel owners or operators;
    b. Professional mariners;
    c. Recreational boaters;
    d. The recreational boating industry;
    e. State agencies responsible for vessel or port safety; and
    f. The Maritime Law Association.
    Members serve as representatives and are not Special Government
Employees as defined in section 202(a) of Title 18, U.S.C.
    The Coast Guard will consider applications for seven positions that
expire or become vacant on November 4, 2015, in the following
categories:
    a. Professional mariners;
    b. Recreational boaters;
    c. Recreational Boating Industry; and
    d. State agencies responsible for vessel or port safety;
    To be eligible, you should have experience in one of the categories
listed above. Members serve terms of office of up to three (3) years.
Members may be reappointed to an additional term, serving not more than
six consecutive years. In the event the Navigation Safety Advisory
Council terminates, all appointments to the Council terminate.
    The Department of Homeland Security does not discriminate in
selection of Council members on the basis of race, color, religion,
sex, national origin, political affiliation, sexual orientation, gender
identity, marital status, disabilities and genetic information, age,
membership in an employee organization, or any other non-merit factor.
The Department of Homeland Security strives to achieve a widely diverse
candidate pool for all of its recruitment actions.
    If you are interested in applying to become a member of the
Council, submit your cover letter and resume to Mr. George Detweiler,
the Navigation Safety Advisory Council Alternate Designated Federal
Officer by email or mail according to instructions in the ADDRESSES
section by the deadline in the DATES section of this notice.
    All email submittals will receive email receipt confirmation.
    To visit our online docket, go to https://www.regulations.gov.
Enter the docket number for this notice (USCG-2015-0042) in the Search
box, and click

``Search''. Please do not post your resume on this site.

G.C. Rasicot,
Director, Marine Transportation Systems, U.S. Coast Guard.
[FR Doc. 2015-10329 Filed 5-1-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 47 (Thursday, March 10, 2011)]
[Rules and Regulations]
[Pages 13075-13078]
[FR Doc No: 2011-5293]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0156; Directorate Identifier 2010-NM-231-AD;
Amendment 39-16628; AD 2011-06-04]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330-243F Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    During a recent in-service event the flight crew of a Trent 700
powered A330 aircraft

reported a temporary Engine Pressure Ratio (EPR) shortfall on engine
2 during the take-off phase of the flight. * * *
    Data analysis confirmed a temporary fuel flow restriction and
subsequent recovery, and indicated that also engine 1 experienced a
temporary fuel flow restriction shortly after the initial event on
engine 2 * * *.
    Based on previous industry-wide experience, the investigation of
the event has focused on the possibility for ice to temporarily
restrict the fuel flow. * * *
    * * * The scenario of ice being shed and causing a temporary
blockage in the engine fuel system may lead to a temporary fuel flow
restriction to the engine. This may result in a possible engine
surge or stall condition, and in the engine not being able to
provide the commanded thrust.
* * * * *
    This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective March 25, 2011.
    We must receive comments on this AD by April 25, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; phone: 425-227-
1138; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2010-0132, dated June 28, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    During a recent in-service event the flight crew of a Trent 700
powered A330 aircraft reported a temporary Engine Pressure Ratio
(EPR) shortfall on engine 2 during the take-off phase of the flight.
The ENG STALL warning was set. The flight crew followed the standard
procedures which included reducing throttle to idle. The engine
recovered and provided the demanded thrust level for the remainder
of the flight.
    Data analysis confirmed a temporary fuel flow restriction and
subsequent recovery, and indicated that also engine 1 experienced a
temporary fuel flow restriction shortly after the initial event on
engine 2, again followed by a full recovery. The engine 1 EPR
shortfall was insufficient to trigger any associated warning and was
only noted through analysis of the flight data. No flight crew
action was necessary to recover normal performance on this engine.
The remainder of the flight was uneventful.
    Based on previous industry-wide experience, the investigation of
the event has focused on the possibility for ice to temporarily
restrict the fuel flow. While no direct fuel system fault has been
identified, the operation of the water scavenge system at Rib 3
cannot be excluded as being a contributory factor.
    Testing and analysis are continuing to identify the root cause
of the event. The scenario of ice being shed and causing a temporary
blockage in the engine fuel system may lead to a temporary fuel flow
restriction to the engine. This may result in a possible engine
surge or stall condition, and in the engine not being able to
provide the commanded thrust.
    Therefore, as a precautionary measure to reduce the possibility
of ingesting ice into the engine fuel feed system, EASA EAD 2010-
0042-E [which corresponds to FAA AD 2010-08-08] required to:

--Deactivate the automatic Standby Fuel Pump Scavenge System, which
operates during Taxi and Take-off by removing relays Functional Item
Numbers (FIN) 80QA1 and 80QA2 (this will not affect normal standby
pump operation) for aeroplanes identified in the applicability
section of this AD and on which this deactivation has not been
performed in production through the modification 200801, and
--Prohibit the dispatch with * * * [a] MAIN Fuel Pump inoperative on
all aeroplanes identified in the applicability section of this AD.

    This AD * * * is issued to extend the applicability to the newly
certified model A330-243F.

    This AD also requires revising the Limitations section of the
airplane flight manual to advise the flight crew of the dispatch
prohibition. You may obtain further information by examining the MCAI
in the AD docket.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the AD.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2011-0156; Directorate
Identifier 2010-NM-231-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,

environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this 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.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that 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 this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2011-06-04 Airbus: Amendment 39-16628. Docket No. FAA-2011-0156;
Directorate Identifier 2010-NM-231-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March
25, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-243F airplanes;
certificated in any category; all manufacturer serial numbers on
which Airbus modification 56966H16199 has been embodied in
production or Airbus Service Bulletin A330-28-3105 has been embodied
in service;.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continued airworthiness information (MCAI)
states:
    During a recent in-service event the flight crew of a Trent 700
powered A330 aircraft reported a temporary Engine Pressure Ratio
(EPR) shortfall on engine 2 during the take-off phase of the flight.
* * *
    Data analysis confirmed a temporary fuel flow restriction and
subsequent recovery, and indicated that also engine 1 experienced a
temporary fuel flow restriction shortly after the initial event on
engine 2 * * *.
    Based on previous industry-wide experience, the investigation of
the event has focused on the possibility for ice to temporarily
restrict the fuel flow. * * *
    * * * The scenario of ice being shed and causing a temporary
blockage in the engine fuel system may lead to a temporary fuel flow
restriction to the engine. This may result in a possible engine
surge or stall condition, and in the engine not being able to
provide the commanded thrust.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Inoperative Fuel Pump Prohibition

    (g) Dispatch of an airplane with any inoperative main fuel pump
is prohibited as of the effective date of this AD.

Airplane Flight Manual Revision

    (h) Before further flight after the effective date of this AD,
revise the Limitations section of the airplane flight manual (AFM)
to include the following statement. This may be done by inserting a
copy of this AD into the AFM.
    ``Dispatch with any inoperative main fuel pump is prohibited.''

    Note 1:  When a statement identical to that in paragraph (h) of
this AD has been included in the general revisions of the AFM, the
general revisions may be inserted into the AFM, and the copy of this
AD may be removed from the AFM.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service
information as follows: EASA AD 2010-0132, dated June 28, 2010,
affected certain Model A330-243, -243F, -341, -342, and -343
airplanes. This AD affects only the newly certified Model A330-243F
airplanes. FAA AD 2010-08-08 addresses the identical unsafe
condition for the Model A330-243, -341, -342, and -343 airplanes.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the ACO, send it to Attn: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Information may be e-mailed to<EMAIL_ADDRESS>
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. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (j) Refer to Airworthiness Information (MCAI) EASA Airworthiness
Directive 2010-0132, dated June 28, 2010, for related information.

Material Incorporated by Reference

    (k) None.

    Issued in Renton, Washington, on February 28, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-5293 Filed 3-9-11; 8:45 am]
BILLING CODE 4910-13-P


Log of Comments*

Draft Strategy for National Clean Water Industrial Regulations ( in Docket Files " OW 2002 0020, I 38.1. precedes each of the following log numbers)

Comments Received or Postmarked by February 27, 2003 Log# EDKT # Date Rcvd Date of Letter Name Organization Represented Street/ E mail Address City, State Zip Total #

Pgs/# Att.

01 0036 12/ 02/ 02 EDOCKET David J. Knight Washington State Dept of Ecology, Water Quality Program N/ A N/ A N/ A 3/ 0 02 0038 12/ 26/ 02 12/ 26/ 02 Douglas M. Mendoza Metropolitan St. Louis Sewer District 10 E. Grand Ave. St. Louis, MO 63147 2/ 0 03 0039 01/ 08/ 03 EDOCKET Tom Mort City of Grand Rapids Environmental Services Dept 1300 Market Ave., SW Grand Rapids, MI 49503 9/ 0 04 0040 02/ 05/ 03 E Mail Mary Gardner Littleton/ Englewood Wastewater Treatment Plant 2900 S. Platte River Dr. Englewood, CO 80110 2/ 0 05 0042 02/ 11/ 03 02/ 11/ 03 Leo H. Hermes MCES Industrial Waste & Pollution 230 East Fifth St. St. Paul, MN 55101 7/ 0 06 0041 02/ 11/ 03 EDOCKET Brad Wahlquist Applied Biosciences Corp bwahlquist@

appliedbiosciences com N/ A 1/ 0 07 0043 02/ 21/ 03 E Mail John L. Greeley Clean Water Services Jordan@ CleanWaterServices.

Org Hillsboro, OR 97123 5/ 0 08 0044 02/ 24/ 03 E Mail Raymond A. Bross Metropolitan Sewer District 1600 Gest St. Cincinnati, OH 45204 2/ 0 09 0045 02/ 19/ 03 E Mail Carolyn Fiore Massachusetts Water Resources Authority Charles Bering@

mwra. state. ma. us N/ A N/ A 4/ 0 10 0046 02/ 20/ 03 E Mail Jim Schleiffarth Vacom LLC VCD2000@ aol. com N/ A N/ A 2/ 0 11 0048 02/ 27/ 03 E Mail Nancy Stoner & Jessica Landman Natural Resources Defense Council 1200 New York Ave.,

Ste 400 Washington, DC 20005 16/ 0 12 0047 02/ 27/ 03 EDOCKET Tim Williams Water Environment Federation 601 Wythe Street Alexandria, VA 22314 3/ 0 13 0051 02/ 27/ 03 E Mail Roger E. Claff American Petroleum Institute 1220 L St. NW Washington, DC 20005 6/ 0 14 NOT A COMMENT 15 0052 &

0053 02/ 27/ 03 E Mail Chris Hornback Association of Metropolitan Sewerage Agencies 1816 Jefferson Place,

NW Washington, DC 20036 8/ 0 16 0054 02/ 27/ 03 E Mail Barbara Potter Hunton & Williams obo Utility Water Act Group bpotter@ hunton. com N/ A 15/ 0 17 0055 &

0056 02/ 27/ 03 E Mail Susan Asmus National Association of Home Builders 1201 15th St., NW Washington, DC 20005 6/ 0 18 0057 02/ 27/ 03 E Mail Katherine Andrus Air Transport Association 1301 Pennsylvania Ave., NW, Ste 1100 Washington, DC 20004 7/ 0 19 0050 02/ 27/ 03 E Mail Ronald E. Johnson HRSD sent by BSTROHMEYER@

HRSD. COM N/ A N/ A 5/ 0 20 0049 02/ 27/ 03 EDOCKET Gordon J. Johnson State of New York, Office of the Attorney General Gordon. Johnson@ oag . state. ny. us N/ A N/ A 4/ 0 21 0058 02/ 27/ 03 02/ 27/ 03 Tony Wagner American Chemistry Council 1300 Wilson Blvd. Arlington, VA 22203 8/ 0 22 0059, 0060,

0061 02/ 27/ 03 02/ 27/ 03 Nancy Stoner & Jessica Landman Natural Resources Defense Council Attachments to Comment # 11 1200 New York Ave.,

Ste 400 Washington, DC 20005 16/ 4 23 0062 02/ 25/ 03 02/ 21/ 03 Don Theiler King County Wastewater Treatment Division King Street Center 201 S. Jackson St. Seattle, WA 98104 2/ 0 24 0063 02/ 27/ 03 02/ 27/ 03 John C. Farnan Metropolitan Water Reclamation District of Greater Chicago 100 E. Erie Street Chicago, IL 60611 6/ 0


[Federal Register: December 13, 2007 (Volume 72, Number 239)]
[Notices]
[Page 70831]
[DOCID:fr13de07-42]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-4348-001]

Lochner, Jr., Philip R.; Notice of Filing

December 5, 2007.
    Take notice that on December 5, 2007, Philip R. Lochner, Jr. filed
a notice of change, resigning from his interlocking directorate
position, pursuant to 18 CFR. 45.5(b).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on December 21, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-24102 Filed 12-12-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 2, 2010 (Volume 75, Number 170)]
[Notices]
[Page 53994-53996]
[DOCID:fr02se10-96]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62782; File No. SR-NASDAQ-2010-107]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change To Modify the Eligibility
Criteria for the Second Compliance Period for a Bid Price Deficiency on
the Nasdaq Capital Market

August 27, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 25, 2010, The NASDAQ Stock Market LLC (``Nasdaq'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
substantially prepared by Nasdaq. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Nasdaq proposes to modify the eligibility criteria for a company to
receive a second compliance period for a bid price deficiency on the
Nasdaq Capital Market. The text of the proposed rule change is below.
Proposed new language is in italics; proposed deletions are in
brackets.\3\
---------------------------------------------------------------------------

    \3\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at http://
nasdaqomx.cchwallstreet.com.
---------------------------------------------------------------------------

* * * * *
    5810. Notification of Deficiency by the Listing Qualifications
Department
    When the Listing Qualifications Department determines that a
Company does not meet a listing standard set forth in the Rule 5000
Series, it will immediately notify the Company of the deficiency. As
explained in more detail below, deficiency notifications are of four
types:
    (1)-(4) No change.
    Notifications of deficiencies that allow for submission of a
compliance plan or an automatic cure or compliance period may result,
after review of the compliance plan or expiration of the cure or
compliance period, in issuance of a Staff Delisting Determination or a
Public Reprimand Letter.
    (a)-(b) No change.
    IM-5810-1 No change.
    (c) Types of Deficiencies and Notifications
    The type of deficiency at issue determines whether the Company will
be immediately suspended and delisted, or whether it may submit a
compliance plan for review or is entitled to an automatic cure or
compliance period before a Staff Delisting Determination is issued. In
the case of a deficiency not specified below, Staff will issue the
Company a Staff Delisting Determination or a Public Reprimand Letter.
    (1)-(2) No change.
    IM-5810-2 No change.
    (3) Deficiencies for which the Rules Provide a Specified Cure or
Compliance Period
    With respect to deficiencies related to the standards listed in
(A)--(E) below, Staff's notification will inform the Company of the
applicable cure or compliance period provided by these Rules and
discussed below. If the Company does not regain compliance within the
specified cure or compliance period, the Listing Qualifications
Department will immediately issue a Staff Delisting Determination
letter.
    (A) Bid Price
    A failure to meet the continued listing requirement for minimum bid
price shall be determined to exist only if the deficiency continues for
a period of 30 consecutive business days. Upon such failure, the
Company shall be notified promptly and shall have a period of 180
calendar days from such notification to achieve compliance. Compliance
can be achieved during any compliance period by meeting the applicable
standard for a minimum of 10 consecutive business days during the
applicable compliance period, unless Staff exercises its discretion to
extend this 10 day period as discussed in Rule 5810(c)(3)(F).
    (i) Global Select Market and Global Market
    If a Company listed on The Nasdaq Global Market has not been deemed
in compliance prior to the expiration of the 180 day compliance period,
it may transfer to The Nasdaq Capital Market, provided that it meets
the applicable market value of publicly held shares requirement for
continued listing and all other applicable requirements for initial
listing on the Capital Market [, other than the minimum] (except for
the bid price requirement) based on the Company's most recent public
filings and market information and notifies Nasdaq of its intent to
cure this deficiency. [A Company listed on The Nasdaq Global Market
transferring to The Nasdaq Capital Market must pay any applicable entry
fees set forth in Rule 5920(a). The Company may also request a hearing
to remain on The Nasdaq Global Market pursuant to the

Rule 5800 Series.] Following a transfer to The Nasdaq Capital Market,
the Company will be afforded the remainder of [any] the applicable
compliance period set forth in [Rule 5810(c)(3)(A) or] Rule
5810(c)(3)(A)(ii) [as if the Company had been listed on The Nasdaq
Capital Market], unless it does not appear to Nasdaq that it is
possible for the Company to cure the deficiency. The Company may also
request a hearing to remain on The Nasdaq Global Market pursuant to the
Rule 5800 Series. Any time spent in the hearing process will not extend
the length of the remaining applicable compliance periods on The Nasdaq
Capital Market afforded by this rule.
    (ii) Capital Market
    If a Company listed on the Capital Market is not deemed in
compliance before the expiration of the 180 day compliance period, it
will be afforded an additional 180 day compliance period, provided that
on the 180th day of the first compliance period[, the Company
demonstrates that] it meets the applicable market value of publicly
held shares requirement for continued listing and all other applicable
standards for initial listing on the Capital Market (except the bid
price requirement) based on the Company's most recent public filings
and market information and notifies Nasdaq of its intent to cure this
deficiency. If a Company does not indicate its intent to cure the
deficiency, or if it does not appear to Nasdaq that it is possible for
the Company to cure the deficiency, the Company will not be eligible
for the second grace period. If the Company has publicly announced
information (e.g., in an earnings release) indicating that it no longer
satisfies the applicable [initial] listing criteria, it shall not be
eligible for the additional compliance period under this rule.
    (B)-(F) No change.
    (4) No change.
    (d) No change.
* * * * *

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

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change 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. Nasdaq has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    Nasdaq proposes to modify the requirements for the second
compliance period available to companies that fall below the continued
listing price requirement. Under the present rules, once a company has
a closing bid price below $1 for 30 consecutive days it becomes
deficient and receives written notice that it has a 180 day ``grace''
period to regain compliance. Compliance can be achieved by maintaining
a minimum $1 closing bid price for ten consecutive days. At the
expiration of the 180 day period, a company can receive an additional
180 day grace period, provided it is either already listed on the
Capital Market or transfers to that market and satisfies all of the
Capital Market's initial listing criteria, except for bid price.
    Nasdaq has observed that many companies fail to qualify for the
second grace period because they do not meet the market value of
publicly held shares requirement for initial listing on the Capital
Market. Eligibility for the second grace period is quite important as
it allows more time to regain compliance before the company must
undertake a reverse stock split to increase its stock price, and
therefore frees company management to focus on running their business
and not on remaining listed or addressing related investor concerns.
    The link between failure to comply with the bid price requirement
and failure to meet the initial listing requirement for market value of
publicly held shares--and thus qualify for the second grace period--is
clear, given that the market value of publicly held shares is directly
derived from the price of the security.\4\ Accordingly, Nasdaq proposes
to ease the requirements for the second grace period on the Capital
Market by allowing a company to qualify if it satisfies the lower
continued listing requirement for market value of publicly held shares,
thereby enabling more companies to be eligible for the second grace
period.\5\ The company would still need to meet all of the other
initial listing criteria for Capital Market other than bid price. In
addition, the company will need to notify Nasdaq of its intent to cure
the bid price deficiency. If a company does not indicate its intent to
cure the deficiency, or if it does not appear to Nasdaq staff that it
is possible for the company to cure the deficiency, the company would
not be eligible for the second grace period. A company listed on the
Global or Global Select Markets would be permitted to transfer to the
Capital Market if it meets the applicable market value of publicly held
shares requirement for continued listing and all other applicable
requirements for initial listing on the Capital Market (except for the
bid price requirement) and notifies Nasdaq of its intent to cure the
bid price deficiency. Once on the Capital Market, the company would be
eligible for the second grace period on the Capital Market, unless it
does not appear to Nasdaq staff that it is possible for the Company to
cure the deficiency.
---------------------------------------------------------------------------

    \4\ Nasdaq has previously recognized this link in other
contexts. See, e.g., Securities Exchange Act Release No. 58809
(October 17, 2008), 73 FR 63222 (October 23, 2008) (SR-NASDAQ-2008-
082, suspending both the bid price and market value of publicly held
shares requirements in light of the financial crisis).
    \5\ The initial listing requirements for market value of
publicly held shares for common stock on the Capital Market range
from $5 million to $15 million, depending on the listing standard
under which the company qualifies; the continued listing requirement
is $1 million. See Rules 5505(b) and 5555(a)(4).
---------------------------------------------------------------------------

    While certain companies that do not currently qualify for the
second grace period could receive additional time, the proposed rule
change would not extend the overall maximum of 360 days available to
companies. Further, Nasdaq's grace periods would remain stricter than
those of NYSE Amex, which has no $1 continued listing requirement and
therefore permits companies to remain listed indefinitely at a price
below $1.\6\
---------------------------------------------------------------------------

    \6\ Cf. Section 1003(f)(v) of the NYSE Amex Company Guide
(stating that NYSE Amex would consider delisting a common stock that
sells for a substantial period of time at a low price per share, if
the issuer fails to effect a reverse split of such shares within a
reasonable time after being notified that the Exchange deems such
action to be appropriate under all the circumstances).
---------------------------------------------------------------------------

    Nasdaq is also proposing non-substantive changes to Rule
5810(c)(3)(A)(i) and (ii) to clarify and reorder the rule language and
conform the language in these two sections. These changes are
consistent with how Nasdaq currently interprets the rule. Nasdaq also
proposes to remove language about the payment of fees by a company
which transfers to the Capital Market because no fees are applicable
under Rule 5920(a) to such a company, making the existing language
confusing.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\7\ in general and with Section
6(b)(5) of the

Act,\8\ in particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The proposed rule change is
consistent with these requirements in that it would permit reasonable
periods of time for companies to address instances of noncompliance
with Nasdaq's price requirement and would not adversely affect
investors or the national market system.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate 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 or disapprove the 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-NASDAQ-2010-107 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-NASDAQ-2010-107. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for Web site viewing and printing at the principal office of
Nasdaq. 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-
NASDAQ-2010-107 and should be submitted on or before September 23,
2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-21932 Filed 9-1-10; 8:45 am]
BILLING CODE 8010-01-P