[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)]
[Notices]
[Pages 15650-15651]
[FR Doc No: 2015-06624]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74529; File No. SR-ISEGemini-2015-07]

Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Schedule of Fees

March 18, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 13, 2015 ISE Gemini, LLC (the ``Exchange'' or ``ISE
Gemini'') filed with the Securities and Exchange Commission the
proposed rule change, as described in Items I, II, and III below, which
items have been prepared by the self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    ISE Gemini proposes to amend the Schedule of Fees to expand low
latency Ethernet fees to non-members. The text of the proposed rule
change is available on the Exchange's Internet Web site at http://www.ise.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange charges an Ethernet fee for its four different
Ethernet connection options, which is $1,000 per month for a 1 Gigabit
(``Gb'') connection, $4,500 per month for a 10 Gb connection, $8,000
per month for a 10 Gb low latency connection, and $15,000 per month for
a 40 Gb low latency connection. These Ethernet connectivity options
provide access to both ISE Gemini and ISE Gemini's sister exchange,
International Securities Exchange, LLC (``ISE'').\3\ While the 1 Gb and
10 Gb Ethernet fees apply to both members and non-members, the 10 Gb
low latency and 40 Gb low latency fees apply only to members. The
Exchange now proposes to amend the Schedule of Fees to apply the low
latency Ethernet fee to non-members as well. The Exchange designates
this filing to become effective on March 16, 2015.
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    \3\ Market participants pay the same fees regardless of whether
they choose to connect to both exchanges or solely to ISE Gemini.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\4\ in general, and Section
6(b)(4) of the Act,\5\ in particular, in that it is designed to provide
for the equitable allocation of reasonable dues, fees, and other
charges among its members and other persons using its facilities. The
Exchange believes that it is reasonable, equitable, and not unfairly
discriminatory to extend the low latency Ethernet fees to non-members.
Market participants that establish connectivity to the Exchange will
continue to pay the same fee based on the Ethernet options that they
choose, and there will be no discrimination between the fees charged
for members and non-members. While these low latency connections will
likely continue to be of primary interest to Exchange members, the
Exchange believes that these options should be available to interested
non-members as well. Furthermore, the Exchange notes that the proposed
rule change does not modify the fees applicable to these premium low
latency Ethernet options, which will remain at their current levels.
The low latency Ethernet fees described in this filing remain
consistent with the Exchange's connectivity costs, including costs for
software and hardware enhancements, and resources dedicated to
development, quality assurance, and support.
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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\6\ the Exchange does
not believe that the proposed rule change will impose any burden on
intermarket or intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
rule change amends the Schedule of Fees to apply low latency Ethernet
fees to non-members in addition to members, and is not intended to have
any competitive effect. The Exchange operates in a highly competitive
market in which market participants can readily direct their order flow
to competing venues. In such an environment, the Exchange must
continually review, and consider adjusting, its fees to remain
competitive with other exchanges. For the reasons described above, the
Exchange believes that the proposed fee changes reflect this
competitive environment.
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    \6\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\7\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\8\ because it establishes a due, fee, or other charge
imposed by ISE Gemini.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or 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 is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISEGemini-2015-07 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISEGemini-2015-07. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISEGemini-2015-07, and
should be submitted on or before April 14, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-06624 Filed 3-23-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59793-59796]
[FR Doc No: 2023-18717]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1952

Oregon State Plan; Extension of Final Approval of a State Plan To
Cover the Separable Portion of Temporary Labor Camps

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notification of extending final approval of a State Plan over a
separable portion.

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SUMMARY: This document gives notice of final approval of the Oregon
State occupational safety and health plan (State Plan) over temporary
labor camps under section 18(e) of the Occupational Safety and Health
Act of 1970 (OSH Act). As a result of this affirmative 18(e)
determination, the Federal standard and enforcement authority as
derived from the OSH Act will no longer apply to temporary labor camps
in Oregon. This notification does not affect or disturb any other
provisions or standards enforced by the U.S. Department of Labor's Wage
and Hour Division at temporary labor camps in Oregon pursuant to an
authority other than the OSH Act. This notification also does not
affect or disturb the previous grant of final approval in 2005 as to
all other issues covered by the Oregon State Plan.

DATES: The notification of extension of final approval is effective
August 30, 2023.

FOR FURTHER INFORMATION CONTACT:
    For press inquiries: Contact Frank Meilinger, OSHA Office of
Communications, U.S. Department of Labor; telephone<PHONE_NUMBER>;
email [email protected].
    For general and technical information: Contact Douglas J.
Kalinowski, Director, OSHA Directorate of Cooperative and State
Programs, U.S. Department of Labor; telephone<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 18 of the Occupational Safety and Health Act of 1970 (OSH
Act), 29 U.S.C. 667, provides that states which wish to assume
responsibility for developing and enforcing their own occupational
safety and health standards may do so by submitting, and obtaining
Federal approval of, a state plan (State Plan or Plan). State Plan
approval occurs in stages, beginning with initial approval under
section 18(c) of the Act. If, after a period of no less than three
years following initial approval, the Assistant Secretary determines
that the State Plan has satisfied and continues to meet all criteria in
section 18(e) of the OSH Act, the Assistant Secretary may make an
affirmative determination under section 18(e) of the Act (referred to
as ``final approval'' of the State Plan), which results in the
relinquishment of concurrent Federal authority in the state with
respect to occupational safety and health issues covered by the Plan
(29 U.S.C. 667(e)). Procedures for section 18(e) determinations are
found in 29 CFR part 1902, subpart D. In general, to be granted final
approval, actual operation of the occupational safety and health Plan
by the state must be at least as effective as the Federal OSHA program
in all areas covered under the State Plan.

II. State Plan History

A. Final Approval of the Oregon State Plan Except as to Temporary Labor
Camps

    The Oregon State Plan, administered by the Oregon Department of
Consumer and Business Services, received initial approval on December
28, 1972 (37 FR 28628). On January 23, 1975, OSHA and the State of
Oregon entered into an Operational Status Agreement (OSA), which
suspended the exercise of concurrent Federal authority in Oregon in all
except specifically identified areas (40 FR 18427). On December 16,
2004, OSHA published a notification (69 FR 75436) that the Oregon State
Plan was eligible for a determination as to whether final approval of
the Plan should be granted under section 18(e) of the Act for all
issues covered by the Plan, with the exception of temporary labor camps
in agriculture, general industry, construction, and logging. The
notification stated that the issue of temporary labor camps was being
excluded from final approval at that time pending resolution of OSHA's

concerns regarding the effectiveness of Oregon's temporary labor camps
standards.
    After allowing a period for public comment, the Assistant Secretary
subsequently granted the Oregon State Plan final approval on May 12,
2005, with respect to all issues covered by the Plan except temporary
labor camps (70 FR 24947). In granting final approval, the Assistant
Secretary made an affirmative determination that the Oregon State Plan
had applied and implemented, in actual operations, each of the criteria
set forth in section 18(e) of the Act and 29 CFR 1902.37 as to all
portions of the State Plan except temporary labor camps. In doing so,
the Assistant Secretary considered various elements of the state Plan,
including standards, variances, enforcement measures, the public
employee program, staffing and resources, records and reports,
voluntary compliance, and injury/illness rates, finding the State Plan
had effectively applied and implemented each of those elements. Thus,
the Assistant Secretary determined, the State Plan was at least as
effective as the Federal program and met the statutory and regulatory
requirements for final approval.
    As a result of this affirmative determination under section 18(e)
of the Act, OSHA's standards and enforcement authority over all
worksites covered by the Oregon State Plan (except temporary labor
camps) was relinquished. The OSA, effective January 23, 1975, and as
amended, effective December 12, 1983 and November 27, 1991, was
superseded by the grant of final approval, except that it continued to
apply to temporary labor camps in agriculture, general industry,
construction, and logging.

B. Oregon's Temporary Labor Camps Standards

    OSHA had initially approved the Oregon State Plan's Temporary Labor
Camps standard on October 1, 1976 (41 FR 43485), concluding that the
standard was at least as effective as the comparable Federal standard.
The standard remained substantively unchanged until 2000, when the
Oregon State Plan, on its own initiative through Administrative Order
5-2000, adopted revisions to the State's Agricultural Labor Housing
(ALH) and Related Facilities standard (Division 4/J, OAR<PHONE_NUMBER>)
and the Labor Camps standard (Division 2/J, OAR<PHONE_NUMBER>). Some of
the updates to the rules included regrouping subjects into more logical
categories, synchronizing certain definitions to more closely match
those of other state regulatory agencies such as the Oregon Building
Codes Division, and changing requirements for garbage and refuse,
emergency exits, bedding, and ratios of toilet, handwashing, and
bathing facilities.
    OSHA responded to the Oregon State Plan on February 28, 2001,
identifying instances in which OSHA had concerns that the State's
standards were less effective than the comparable Federal rules. Over
the next several years, OSHA, the Wage and Hour Division (WHD),\1\ and
the Oregon State Plan continued to engage on this matter in order to
resolve the identified concerns.
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    \1\ In January 1997, the Secretary of the Department of Labor
issued Secretary's Orders 5-96 (62 FR 107) and 6-96 (62 FR 111),
transferring some of OSHA's authority to enforce the Federal Field
Sanitation standard (29 CFR 1928.110) and Temporary Labor Camps
standard (29 CFR 1910.142) to what would later become WHD (see 74 FR
58836). Accordingly, WHD had an interest in the Oregon State Plan's
temporary labor camps enforcement activity, and OSHA consequently
sought WHD's input in evaluating the standards.
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    While those conversations were ongoing, OSHA and the Oregon State
Plan began the separate process of section 18(e) final approval with
the issuance of a Federal Register notification on December 16, 2004
(69 FR 75436). However, as noted above, the proposed grant of final
approval excluded temporary labor camps due to OSHA's then-unresolved
concerns regarding the effectiveness of Oregon's temporary labor camps
standards. The 2004 notification of eligibility for final approval
provided that OSHA intended to work with Oregon to resolve all
effectiveness issues with regard to its two temporary labor camps
standards so that final approval could be extended to all covered
issues (69 FR 75438).
    After further informal discussions with OSHA and WHD, along with
feedback from its stakeholders, the Oregon State Plan subsequently
filed changes to its ALH and Related Facilities and Temporary Labor
Camps standards on March 24, 2008 (Administrative Order 4-2008), to
make the rules as effective as Federal OSHA's. Some of the major
changes to the ALH and Related Facilities rule (OAR<PHONE_NUMBER>)
included updated requirements for: space and ceiling heights (with
effective dates of 2018 in some cases); screens; minimum window area;
shower and sink ratios; nearby livestock operations; ground clearance;
heating equipment; water pressure; laundry facilities; garbage pickup;
and privy distance from housing. References to tents were also removed.
For the Temporary Labor Camps rule (OAR<PHONE_NUMBER>), Oregon removed
the entire text of the rule and added new language stating that the ALH
and Related Facilities rule at OAR<PHONE_NUMBER> applies to general
industry, construction, and forest activities as well as agriculture,
except for a few limited paragraphs that address certain camp
registration and closure requirements. Following further communication
with OSHA, Oregon subsequently made additional changes to the ALH and
Related Facilities rule on January 26, 2009 (Administrative Order 1-
2009), to reflect changes in heater technology, clarify effective
dates, and to require enclosed, screened shelters for cooking and
eating facilities.
    All changes promulgated by Oregon Administrative Orders 4-2008 and
1-2009 were effective as of January 1, 2018. On August 21, 2018, at the
quarterly monitoring meeting, the Oregon State Plan Administrator
requested that OSHA review and consider removal of the temporary labor
camps exception to the State Plan's 18(e) final approval status. WHD
approved the changes on December 3, 2020, and the OSHA X regional
office approved the rules and recommended removal of the temporary
labor camps exception to Oregon's 18(e) final approval status on
December 18, 2020.\2\
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    \2\ OSHA's December 18, 2020, approval letter referenced only
Oregon's ALH and Related Facilities standard, OAR<PHONE_NUMBER>.
However, OSHA intended to also approve the separate Temporary Labor
Camps standard, OAR<PHONE_NUMBER>, which is identical to the ALH and
Related Facilities standard except as to certain limited provisions.
Accordingly, the OSHA X regional office sent a subsequent approval
letter on May 5, 2022, to clarify that the general industry
provisions for temporary labor camps addressed by Administrative
Order 4-2008 were also approved.
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    Subsequently, on May 9, 2022, in response to a March 10, 2020,
executive order issued by Oregon Governor Kate Brown, the Oregon State
Plan adopted new ``Rules to Address Employee and Labor Housing Occupant
Exposure to High Ambient Temperatures'' (pursuant to Administrative
Order 3-2022), to take effect on June 15, 2022. Specifically,
Administrative Order 3-2022 established a new Heat Illness Prevention
standard applicable to general industry workers (OAR<PHONE_NUMBER>),
established a new Heat Illness Prevention standard applicable to
agricultural workers (OAR<PHONE_NUMBER>), and amended Oregon's ALH and
Related Facilities standard (OAR<PHONE_NUMBER>) to add new provisions on
heat illness prevention in labor housing. OSHA approved this state-
initiated change on June 3, 2022, finding the rules to be at least as
effective as and more stringent than Federal requirements.

C. Solicitation of Public Comment and Summary of Comments Received

    On March 13, 2023, OSHA published in the Federal Register a notice
announcing the Oregon State Plan's eligibility for a final approval
determination under section 18(e) as to temporary labor camps in
agriculture, general industry, construction, and logging (88 FR 15458).
The March 13, 2023, notice invited interested persons to submit, by
April 17, 2023, written comments and views regarding the Oregon State
Plan and whether final approval over temporary labor camps should be
granted. An opportunity to request an informal public hearing by the
same date was also provided. To assist and encourage public
participation in the 18(e) determination, a summary of the March 13,
2023 notice, with an invitation for public comments, was published in
Oregon on April 1, 2023, in the Oregon Bulletin.\3\
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    \3\ After OSHA publishes a Federal Register notice announcing a
State Plan's eligibility for an 18(e) determination, OSHA's
regulations at 29 CFR 1902.39(c) require that the State publish
reasonable notice containing the same information within the State
no later than ten days following the Federal Register publication.
Oregon's notice in this instance was published nine days late.
However, prior to the Federal Register publication, Oregon had
notified OSHA that it would only be able to publish notice in the
Oregon Bulletin on the first of the month in the month immediately
following Federal Register publication. Moreover, OSHA is not aware
of any party that was prejudiced by this slightly delayed State
publication, nor has there been any request for additional time to
provide public comment or other attempt to provide public comment
after the April 17, 2023 deadline.
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    In response to the March 13, 2023 proposal, OSHA received one
comment, which supported the proposal, and no requests for an informal
hearing. The one comment submitted was from Chuck Stribling, Chair of
the Occupational Safety and Health State Plan Association (OSHSPA).
OSHSPA is an organization of twenty-nine State Plans and U.S.
Territories that have OSHA-approved State Plans. OSHSPA members work
together to advance occupational safety and health in their respective
States and Territories. OSHSPA also partners with OSHA, as well as many
others, on key issues and concerns which impact employee safety and
health. The comment stated that OSHSPA strongly supports OSHA's
proposal to grant final approval to the Oregon State Plan over
temporary labor camp enforcement authority in agriculture, general
industry, construction, and logging. The comment further noted OSHSPA's
observation that the Oregon State Plan temporary labor camp
requirements are more protective than OSHA's requirements.

III. Decision

    In accordance with section 18(e) of the Act and the procedures in
29 CFR part 1902, and after opportunity for public comment, the
Assistant Secretary has considered all of the facts and comments
presented in the record. Based on that record, and for the reasons
described in further detail in the proposal (88 FR 15460-61), the
Assistant Secretary has determined that Oregon's occupational safety
and health program pertaining to temporary labor camps in agriculture,
general industry, construction, and logging is at least as effective as
the Federal program in actual operations in providing safe and
healthful employment and places of employment and meets the criteria
for final State Plan approval in section 18(e) of the Act and
implementing regulations at 29 CFR part 1902. Accordingly, under
section 18(e) of the Act, the exception to the Oregon State Plan's
final approval for temporary labor camps in agriculture, general
industry, construction, and logging is hereby removed, effective August
30, 2023.

IV. Effect of Decision

    The Assistant Secretary's determination granting final approval to
the Oregon State Plan under section 18(e) of the Act for temporary
labor camps in general industry, agriculture, construction, and logging
terminates OSHA authority for concurrent Federal enforcement over
temporary labor camps in Oregon where such authority is covered under
the Oregon State Plan, as of the effective date of this determination.
Section 18(e) provides that upon making this final approval
determination, ``the provisions of sections 5(a)(2), 8 (except for the
purpose of carrying out subsection (f) of this section), 9, 10, 13, and
17 . . . shall not apply with respect to any occupational safety and
health issues covered under the plan, but the Secretary may retain
jurisdiction under the above provisions in any proceeding commenced
under section 9 or 10 before the date of determination.'' 29 U.S.C.
667(e). Accordingly, this determination relinquishes concurrent Federal
authority as derived from the OSH Act with respect to temporary labor
camps in Oregon as follows: to issue citations for violations of the
relevant Federal standards under sections 5(a)(2) and 9 of the Act; to
conduct inspections and investigations under section 8 (except those
necessary to evaluate the Plan under section 18(f) and other
inspections, investigations, or proceedings necessary to carry out
Federal responsibilities not specifically preempted by section 18(e));
to conduct enforcement proceedings in contested cases under section 10;
to institute proceedings to correct imminent dangers under section 13;
and to propose civil penalties or initiate criminal proceedings for
violations of the Act under section 17. However, the Assistant
Secretary retains jurisdiction under the above provisions in any
proceeding commenced under section 9 or 10 of the Act before the
effective date of the 18(e) determination. Finally, this determination
supersedes the OSA between OSHA and the State of Oregon, which had
remained in effect as to temporary labor camps only following the State
Plan's receipt of final approval as to all other issues in 2005 (70 FR
24955).
    This final approval determination does not affect Federal authority
under provisions of the OSH Act not listed in section 18(e), nor does
it affect Federal enforcement authority over issues which are not
subject to State Plan enforcement. Additionally, this determination
does not affect or disturb the authority of the U.S. Department of
Labor's Wage and Hour Division to enforce Federal temporary labor camp
standards pursuant to an authority other than the OSH Act, such as the
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) and
WHD's regulations governing H-2A employment.
    Under this 18(e) determination, Oregon will be expected to maintain
a State program that is at least as effective as operations under the
Federal program in protecting employee safety and health at covered
workplaces. As provided by section 18(f) of the Act, the Assistant
Secretary will continue to evaluate the manner in which the State is
carrying out its Plan. The right to revoke or suspend final approval
and reinstate Federal enforcement authority or, if the circumstances
warrant, initiate action to withdraw approval of the State Plan is
reserved should continuing evaluations show that the State has failed
to maintain a program which is at least as effective as the Federal
program, or that the State has failed to submit program change
supplements as required by 29 CFR part 1953.

V. Federalism

    Executive Order 13132, ``Federalism,'' emphasizes consultation
between Federal agencies and the States and establishes specific review
procedures the Federal Government must follow as it carries out
policies which affect State or local governments. Although the specific
consultation procedures provided in section 6 of Executive Order

13132 are not mandatory for final approval decisions under the OSH Act
because they neither impose a burden upon the State nor involve
preemption of any State law, OSHA has nonetheless consulted extensively
with Oregon on the matter of final approval as to temporary labor
camps.

VI. Regulatory Flexibility Act

    OSHA certifies pursuant to the Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) that this final approval determination will not
have a significant economic impact on a substantial number of small
entities. Final approval of Oregon's temporary labor camps coverage
does not place small employers in Oregon under any new or different
requirements, nor does it add any additional burden upon the State
government beyond the responsibilities already assumed as part of the
approved Plan.

Authority

    Douglas L. Parker, Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, 200 Constitution Avenue
NW, Washington, DC 20210, authorized the preparation of this document
under the authority specified by section 18 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 667), Secretary of Labor's Order No.
8-2020 (85 FR 58393 (Sept. 18, 2020)), and 29 CFR part 1956.

    Signed in Washington, DC.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-18717 Filed 8-29-23; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Notices]
[Page 48351]
[FR Doc No: 2019-19822]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: CP19-507-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Abbreviated Application for Abandonment of Service of
Transcontinental Gas Pipe Line Company, LLC.
    Filed Date: 9/4/19.
    Accession Number: 20190904-5103.
    Comments Due: 5 p.m. ET 9/25/19.

    Docket Numbers: CP19-508-000.
    Applicants: National Fuel Gas Supply Corporation.
    Description: Abbreviated Application for Abandonment of Service of
National Fuel Gas Supply Corporation.
    Filed Date: 9/4/19.
    Accession Number: 20190904-5146.
    Comments Due: 5 p.m. ET 9/25/19.

    Docket Numbers: RP19-1091-004.
    Applicants: American Midstream (Midla), LLC.
    Description: Compliance filing compliance to 10010 to be effective
8/1/2019.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5111.
    Comments Due: 5 p.m. ET 9/18/19.

    Docket Numbers: RP19-1543-000.
    Applicants: ANR Pipeline Company.
    Description: Sec.  4(d) Rate Filing: Spot Price Indices to be
effective 11/1/2019.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5001.
    Comments Due: 5 p.m. ET 9/18/19.

    Docket Numbers: RP19-1544-000.
    Applicants: Saavi Energy Solutions, LLC, Sempra Gas & Power
Marketing, LLC.
    Description: Joint Petition for Temporary Waiver of Commission
Policies, Capacity Release Regulations and Policies, et al. of Saavi
Energy Solutions, LLC, et al. under RP19-1544.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5045.
    Comments Due: 5 p.m. ET 9/18/19.

    Docket Numbers: RP19-1545-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: List of Non-Conforming Service
Agreements (Rivervale South, Buford) to be effective 10/7/2019.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5059.
    Comments Due: 5 p.m. ET 9/18/19.

    Docket Numbers: RP19-1546-000.
    Applicants: Gas Transmission Northwest LLC.
    Description: Sec.  4(d) Rate Filing: 36-month ROFR to be effective
10/6/2019.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5065.
    Comments Due: 5 p.m. ET 9/18/19.

    Docket Numbers: RP19-1547-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Crediting of Reservation
Charges--WSS-OA, LSS, SS-2 to be effective 11/1/2019.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5126.
    Comments Due: 5 p.m. ET 9/18/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 9, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-19822 Filed 9-12-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Notices]
[Pages 64247-64248]
[FR Doc No: 2016-22424]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78831; File No. SR-NYSEARCA-2016-126]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Extend the
Deadline for Implementing Rule 6.61(a)(2) and (3) Until September 30,
2016

September 13, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on September 6, 2016, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to extend the deadline for implementing Rule
6.61(a)(2) and (3) until September 30, 2016. The proposed rule change
is available on the Exchange's Web site at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to extend the deadline for implementing
Rule 6.61 (a)(2) and (3) until September 30, 2016. The Exchange has not
met the current implementation deadline of July 31, 2016.
    In March 2015, the Commission approved Rule 6.61, which provides a
price protection risk mechanism for Market Maker quotes.\4\ Rule 6.61
provides two layers of price protection to incoming Market Maker
quotes, rejecting those Market Maker quotes that exceed certain
parameters, as a risk mitigation tool.\5\ The Exchange has implemented
the first layer of price protection (the NBBO Reasonability Check) and
had until one year from the date of the Approval Order to implement the
second layer of protection (the Underlying Stock Price/Strike Price
Check) pursuant to Commentary .01 to Rule 6.61, which was March 4,
2016.\6\
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    \4\ See Securities Exchange Act Release No. 74441 (March 4,
2015), 80 FR 12664 (March 10, 2015) (SR-NYSEArca-2014-150) (Approval
Order); see also Securities Exchange Act Release No. 74018 (January
8, 2015), 80 FR 1982 (January 14, 2015) (SR-NYSEArca-2014-150)
(Notice).
    \5\ The first layer of price protection assesses incoming sell
quotes against the NBB and incoming buy quotes against the NBO (the
``NBBO Price Reasonability Check''). Specifically, Rule 6.61(a)(1)
provided that when an NBBO is available, a Market Maker quote would
be rejected if it is priced a specified dollar amount or percentage
through the contra-side NBBO. The second layer of price protection
assesses the price of call or put bids against a specified benchmark
(the ``Underlying Stock Price/Strike Price Check''), per Rule
6.61(a)(2) and (3). This second layer of protection applies to bids
in call options or put options when (1) there is no NBBO available,
for example, during pre-opening or prior to conducting a re-opening
after a trading halt, or (2) if the NBBO is so wide as to not
reflect an appropriate price for the respective options series.
    \6\ See Securities Exchange Act Release No. 75156 (June 11,
2015), 80 FR 34756 (June 17, 2015) (SR-NYSEArca-2015-45).
---------------------------------------------------------------------------

    In March 2016, because the Exchange had not yet implemented the
Underlying Stock Price/Strike Price Check, the Exchange extended the
deadline to implement Rule 6.61(a)(2) and (3) until July 31, 2016 (the
``July 31st Deadline'').\7\ Subsequent to this extension, the Exchange
modified Commentary .01 to Rule 6.61 to exclude from the Underlying
Stock Price/Strike Price Check certain securities for which there was
no reliable (or in some cases any) last sale data.\8\ Although the
Exchange had finalized the technology related to the Underlying Stock
Price/Strike Price Check, because this technology was packaged in a
larger technology release that is currently being rolled out, the
Exchange was not able to implement the technology by the July 31st
Deadline. The Exchange is in the process of implementing the technology
release that includes the Underlying Stock Price/Strike Price Check and
plans to complete this implementation no later than the end of
September 2016. The Exchange believes the proposed extension of the
July 31st Deadline until September 30, 2016 would provide the Exchange
with sufficient time to implement the functionality related to the
rule. Moreover, the proposed change would update the rule to reflect
the extended deadline, thus making clear to investors and the public
that the Underlying Stock Price/Strike Price Check is not yet
implemented.\9\
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    \7\ See Securities Exchange Act Release No. 77357 (March 14,
2016), 81 FR 14912 (March 18, 2016) (SR-NYSEARCA-2016-41).
    \8\ See Securities Exchange Act Release No. 77748 (April 29,
2016), 81 FR 27178 (May 5, 2016) (SR-NYSEARCA-2016-57).
    \9\ The Exchange has issued Trader Updates informing its market
participants that the functionality related to the Underlying Stock
Price/Strike Price Check is not yet available but is currently being
implemented (together with the other technology updates with which
it was packaged). See, e.g., Trader Updates regarding Enhancements
to Risk Control Functionality in Enhanced Certification Environment,
dated 6/6/16, available here, https://www.nyse.com/publicdocs/nyse/notifications/trader-update/NYSE%20Amex%20and%20Arca%20-%20Enhanced%20Risk%20Controls%20in%20Enhanced%20Cert.pdf and
regarding Risk Controls/Series Lookup Table Enhancements, dated 8/4/
16, available here, https://www.nyse.com/publicdocs/nyse/notifications/trader-update/NYSE%20Arca%20Options%20-%20Risk%20Controls%20Release.pdf.
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the

Act,\10\ in general, and furthers the objectives of Section
6(b)(5),\11\ in particular, in that it is designed to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange believes the proposal promotes just and
equitable principles of trade and removes impediments to, and perfects
the mechanism of, a free and open market and a national market system
because an extension of the July 31st Deadline would enable the
Exchange to complete its implementation of the technology related to
the Underlying Stock Price/Strike Price Check, which is currently being
implemented as part of a larger technology release. Moreover, the
proposed extension would update the rule to reflect the extended
deadline for implementation.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not designed to address any competitive issues, but rather, to extend
the July 31st Deadline for implementing the functionality related to
the Underlying Stock Price/Strike Price Check, which is currently being
implemented as part of a larger technology release.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) \12\ of the Act and Rule 19b-
4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\15\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest as it will allow the
Exchange to immediately extend the implementation deadline for the
Underlying Stock Price/Strike Price Check without delay and provide the
Exchange additional time to implement the technology associated with
such price protection. Accordingly, the Commission hereby waives the
30-day operative delay requirement and designates the proposed rule
change as operative upon filing.\16\
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or 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 is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEARCA-2016-126 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEARCA-2016-126. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-NYSEARCA-2016-126, and
should be submitted on or before October 11, 2016.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-22424 Filed 9-16-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: December 30, 2009 (Volume 74, Number 249)]
[Proposed Rules]
[Page 69044-69046]
[DOCID:fr30de09-16]

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

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0965]
RIN 1625-AA08

Special Local Regulation; Ironman 70.3 California; Oceanside
Harbor, Oceanside, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes temporary Special Local Regulation
within the navigable waters of Oceanside Harbor for the Ironman 70.3
California. This temporary Special Local Regulation is necessary to
provide safety for the swimmers, crew, spectators, vessels and other
users of the waterway. Persons and vessels are prohibited from entering
into, transiting through, or anchoring within this Special Local
Regulation unless authorized by the Captain of the Port or his
designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before January 29, 2010. Requests for public meetings must
be received by the Coast Guard on or before January 20, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0965 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Petty Officer Corey McDonald, Waterways
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone
619-278-7262, e-mail<EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0965), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2009-0965'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0965'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    World Triathlon Corporation is sponsoring the Ironman 70.3
California. The event will consist of 2,200 participants. The waterside
swim course consists of a 1.2 mile loop in the South Oceanside Harbor.
The course requires a Special Local Regulation while the swimmers are
on the course, thus restricting vessel traffic within the Oceanside
Harbor for three hours. There will be 25 to 30 safety vessels provided
by the sponsor to enforce the Special Local Regulation.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a Special Local Regulation
from 6:40 a.m. to 9:30 a.m. on Saturday, March 27, 2010 for the Ironman
70.3 California. This temporary Special Local Regulation is necessary
for the safety of the swimmers and staff and will affect the use of the
waterway during the

period of the event. The limits of this temporary Special Local
Regulation are the waters of Oceanside Harbor encompassed by the
following coordinates:

33[deg]12.54' N, 117[deg]24.12' W;
33[deg]12.52' N, 117[deg]23.75' W;
33[deg]12.49' N, 117[deg]23.66' W;
33[deg]12.37' N, 117[deg]23.54' W;
33[deg]12.32' N, 117[deg]23.55' W;
33[deg]12.43' N, 117[deg]23.69' W;
33[deg]12.46' N, 117[deg]23.79' W;
33[deg]12.41' N, 117[deg]23.96' W;
33[deg]12.44' N, 117[deg]23.98' W;
33[deg]12.45' N, 117[deg]24.12' W;
33[deg]12.54' N, 117[deg]24.12' W.

    The Coast Guard will enforce the Special Local Regulation and may
be assisted by other Federal, State, or local agencies, including the
Coast Guard Auxiliary. The Special Local Regulation is necessary to
provide for the safety of the swimmers, spectators, vessels and other
users of the waterway. Persons and vessels will be prohibited from
entering into, transiting through, or anchoring within this Special
Local Regulation unless authorized by the Captain of the Port, or his
designated representative.

Regulatory Analyses

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

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. We expect the economic
impact of this proposed rule to be so minimal that a full Regulatory
Evaluation is unnecessary. This determination is based on the size,
location, and duration of the Special Local Regulation. Commercial
vessels will not be hindered by the Special Local Regulation.
Recreational vessels will not be allowed to transit through the
designated Special Local Regulation during the specified times.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in a portion of the Oceanside Harbor
from 6:40 a.m. to 9:30 a.m. on March 27, 2010.
    This Special Local Regulation would not have a significant economic
impact on a substantial number of small entities for the following
reasons. This rule would be in effect for less than 3 hours early in
the day when vessel traffic is low. Although the Special Local
Regulation would apply to the entire width of the south harbor, traffic
would be allowed to pass through the zone with the permission of the
Coast Guard patrol commander. Before the effective period, the Coast
Guard will publish a local notice to mariners (LNM) and will issue
broadcast notice to mariners (BNM) alerts via marine channel 16 VHF
before the Special Local Regulation is enforced.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Petty Officer Corey McDonald,
Waterways Management, U.S. Coast Guard Sector San Diego, Coast Guard at
(619) 278-7262. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

power and responsibilities between the Federal Government and Indian
Tribes.

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that this action is one of a category
of actions which do not individually or cumulatively have a significant
effect on the human environment. The proposed rule involves a special
local regulation for a swimming race and is categorically excluded
under paragraph 34(h) of COMDTINSTM 16475.1D, figure 2-1. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as
follows:

    Authority: 33 U.S.C. 1233.

    2. Add a new temporary Special Local Regulation Sec.  100.35T11-254
to read as follows:

Sec.  100.35T11-254  Special Local Regulation; Ironman 70.3 California;
Oceanside Harbor, Oceanside, CA.

    (a) Location. The limits of this temporary Special Local Regulation
are the waters of Oceanside Harbor encompassed by drawing a line from
point to point along the following coordinates:

    33[deg]12.54' N, 117[deg]24.12' W;
    33[deg]12.52' N, 117[deg]23.75' W;
    33[deg]12.49' N, 117[deg]23.66' W;
    33[deg]12.37' N, 117[deg]23.54' W;
    33[deg]12.32' N, 117[deg]23.55' W;
    33[deg]12.43' N, 117[deg]23.69' W;
    33[deg]12.46' N, 117[deg]23.79' W;
    33[deg]12.41' N, 117[deg]23.96' W;
    33[deg]12.44' N, 117[deg]23.98' W;
    33[deg]12.45' N, 117[deg]24.12' W;
    33[deg]12.54' N, 117[deg]24.12' W.

    (b) Enforcement Period. This section will be enforced from 6:40
a.m. to 9:30 a.m. on March 27, 2010. If the event concludes prior to
the scheduled termination time, the Captain of the Port will cease
enforcement of this Special Local Regulation and will announce that
fact via Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
designated representative means any commissioned, warrant, or petty
officer of the Coast Guard on board a Coast Guard or Coast Guard
Auxiliary vessel, or onboard a local, State, or Federal law enforcement
vessel who have been authorized to act on the behalf of the Captain of
the Port.
    (d) Special Local Regulations. (1) All persons and/or vessels not
registered with the sponsor as participants or official patrol vessels
are considered spectators. The official patrol consists of any Coast
Guard vessels, any Federal, State or local law enforcement vessels and
any sponsor provided vessels assigned by or approved by the Captain of
the Port, San Diego, to patrol the events.
    (2) No spectators shall anchor, block, loiter in, or impede the
transit of participants or official patrol vessels in the regulated
area during the effective dates and times, unless cleared for such by
or through an official patrol vessel.
    (3) When hailed by an official patrol vessel, a spectator shall
come to an immediate stop. Vessels shall comply with all directions
given. Failure to do so may result in a citation.
    (4) The Patrol Commander is empowered to forbid and control the
movement of all vessels in the regulated area. The Patrol Commander
shall be designated by the Captain of the Port, San Diego, and as his
or her representative and may terminate the event for the protection of
life and property. He or she may be reached on VHF Channel 16 (156.8
MHz) when required, by the call sign ``PATCOM''
    (5) The Coast Guard may be assisted by other Federal, State, or
local agencies.

    Dated: December 3, 2009.
D.L. LeBlanc,
Commander, U.S. Coast Guard, Acting Captain of the Port, San Diego.
[FR Doc. E9-30936 Filed 12-29-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Notices]
[Page 58118]
[FR Doc No: 2021-22808]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93316; File No. SR-CboeBZX-2021-014]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Withdrawal of a Proposed Rule Change To Allow Invesco Focused Discovery
Growth ETF and Invesco Select Growth ETF To Strike and Publish Multiple
Intraday Net Asset Values

October 14, 2021.
    On January 22, 2021, Cboe BZX Exchange, Inc. (the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
allow Invesco Focused Discovery Growth ETF and Invesco Select Growth
ETF to strike and publish multiple intraday net asset values.
---------------------------------------------------------------------------

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

    The proposed rule change was published for comment in the Federal
Register on February 10, 2021.\3\ On March 24, 2021, pursuant to
Section 19(b)(2) of the Act,\4\ the Commission designated a longer
period within which to approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to determine whether to
disapprove the proposed rule change.\5\ On May 11, 2021, the Commission
instituted proceedings under Section 19(b)(2)(B) of the Act \6\ to
determine whether to approve or disapprove the proposed rule change.\7\
On August 6, 2021, the Commission designated a longer period within
which to issue an order approving or disapproving the proposed rule
change.\8\ The Commission received no comment letters on the proposed
rule change. On August 12, 2021, the Exchange withdrew the proposed
rule change (SR-CboeBZX-2021-014).
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 91064 (February 4,
2021), 86 FR 8935.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 91398, 86 FR 16650
(March 30, 2021).
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 91845, 86 FR 26767
(May 17, 2021).
    \8\ See Securities Exchange Act Release No. 92564, 86 FR 44459
(August 12, 2021).

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

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

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-22808 Filed 10-19-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Proposed Rules]
[Pages 18744-18747]
[FR Doc No: 2022-06601]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0382; Project Identifier MCAI-2021-01452-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD
was prompted by reports that passenger door

stop screws were found with missing screw heads. This proposed AD would
require repetitive inspections of each passenger door stop screw for
any missing screw heads and applicable corrective actions, as specified
in a European Union Aviation Safety Agency (EASA) AD, which is proposed
for incorporation by reference. The FAA is proposing this AD to address
the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 16,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this material on the EASA website at
https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0382.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0382; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The street address for Docket
Operations is listed above.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0382; Project Identifier
MCAI-2021-01452-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

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

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0291, dated December 22, 2021
(EASA AD 2021-0291) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A350-941 and -1041 airplanes.
    This proposed AD was prompted by reports that passenger door stop
screws were found with missing screw heads. The FAA is proposing this
AD to address missing door stop screw heads, which could result in
reduced structural integrity of the airplane. See the MCAI for
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0291 specifies procedures for repetitive general
visual inspections (GVI) of each passenger door stop screw for any
missing screw heads, and applicable corrective actions. The corrective
actions include replacement of the passenger door stop screw, repair,
and follow-up actions (GVI of the adjacent door stop area and
surrounding structure for damage, including any broken door stop
screws). EASA AD 2021-0291 also specifies procedures for reporting
results of the initial inspection to Airbus. This material is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0291 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to

incorporate EASA AD 2021-0291 by reference in the FAA final rule. This
proposed AD would, therefore, require compliance with EASA AD 2021-0291
in its entirety through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in EASA AD 2021-0291 does not mean that operators need comply
only with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in EASA AD 2021-0291. Service information
required by EASA AD 2021-0291 for compliance will be available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2022-0382 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 27 airplanes
of U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
8 work-hours x $85 per hour = $680...........................              $0             $680          $18,360
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 work-hour per product
to comply with the proposed reporting requirement in this proposed AD.
The average labor rate is $85 per hour. Based on these figures, the FAA
estimates the cost of reporting the inspection results on U.S.
operators to be $2,295, or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition screw replacement that would be required based on the results
of any required actions. The FAA has no way of determining the number
of aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85  $875 per screw....  $960 per screw
 per screw replacement.                                replacement.
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs or applicable follow-up actions
specified in this proposed AD.
    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Airbus SAS: Docket No. FAA-2022-0382; Project Identifier MCAI-2021-
01452-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by May 16, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Unsafe Condition

    This AD was prompted by reports that passenger door stop screws
were found with missing screw heads. The FAA is issuing this AD to
address the missing door stop screw heads, which 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
2021-0291, dated December 22, 2021 (EASA AD 2021-0291).

(h) Exceptions to EASA AD 2021-0291

    (1) Where EASA AD 2021-0291 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0291 does not apply
to this AD.
    (3) Paragraph (4) of EASA AD 2021-0291 specifies to report
results of the initial inspection to Airbus within a certain
compliance time. For this AD, report inspection results of the
initial inspection at the applicable time specified in paragraph
(h)(3)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
    (4) Where Note 2 of paragraph (2) of EASA AD 2021-0291 specifies
using ``the instructions from an applicable Airbus Repair Design
Approval Form (RDAF)'' is acceptable for compliance with the
corrective actions, this AD requires using corrective actions
approved using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA DOA. If approved by the DOA, the approval must include
the DOA-authorized signature.
    (5) Where paragraph (2) of EASA AD 2021-0291 refers to passenger
door stop screws that are ``damaged, as defined in the SB'' this AD
defines damage as broken passenger door stop screws.
    (6) Where service information referenced in EASA AD 2021-0291
specifies ``a general visual inspection of the adjacent door stop
area and surrounding structure (no lining removal required),'' for
this AD do a general visual inspection for any damage (e.g., broken
passenger door stop screws), and repair any damage before further
flight using a method approved by the Manager, Large Aircraft
Section, 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.

(i) Return of Parts

    Although the service information referenced in EASA AD 2021-0291
specifies to send broken screws to Airbus, this AD does not include
that requirement.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the airplane to a location where the
actions of this AD can be performed (if the operator elects to do
so), provided no passengers are onboard.

(k) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (l)(2) of
this AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (k)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(l) Related Information

    (1) For EASA AD 2021-0291, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu. You may
view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. This material may be found in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0382.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email [email protected].

    Issued on March 24, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-06601 Filed 3-30-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 22 (Friday, February 1, 2013)]
[Notices]
[Page 7426]
[FR Doc No: 2013-02185]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC13-69-000.
    Applicants: NewPage Corporation, GS Funds, Oaktree Capital.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act and Request for Expedited Consideration of
NewPage Corporation, et al.
    Filed Date: 1/25/13.
    Accession Number: 20130125-5157.
    Comments Due: 5 p.m. ET 2/15/13.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER12-2611-002.
    Applicants: NorthWestern Corporation.
    Description: SA 646--SGIA with NPS re Mammoth Project to be
effective 9/12/2012.
    Filed Date: 1/25/13.
    Accession Number: 20130125-5118.
    Comments Due: 5 p.m. ET 2/15/13.

    Docket Numbers: ER13-780-001.
    Applicants: New York Independent System Operator, Inc.
    Description: NYISO amendment to correct effective date in eTariff
to be effective 3/20/2013.
    Filed Date: 1/25/13.
    Accession Number: 20130125-5161.
    Comments Due: 5 p.m. ET 2/15/13.

    Docket Numbers: ER13-800-000.
    Applicants: MRL Energy, LLC.
    Description: Cancellation of MBR Tariff to be effective 1/25/2013.
    Filed Date: 1/25/13.
    Accession Number: 20130125-5117.
    Comments Due: 5 p.m. ET 2/15/13.

    Docket Numbers: ER13-801-000.
    Applicants: Midwest Independent Transmission System, Ameren
Illinois Company.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35: 01-25-13 AIC Attachment O Compliance
filing to be effective 1/2/2013.
    Filed Date: 1/25/13.
    Accession Number: 20130125-5176.
    Comments Due: 5 p.m. ET 2/15/13.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF12-174-000.
    Applicants: Winona County Wind, LLC.
    Description: Supplement to January 15, 2013 Refund Report of Winona
County Wind, LLC.
    Filed Date: 1/25/13.
    Accession Number: 20130125-5150.
    Comments Due: 5 p.m. ET 1/25/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 25, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-02185 Filed 1-31-13; 8:45 am]
BILLING CODE 6717-01-P