[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Page 40384]
[FR Doc No: 2018-17468]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2018-61]

Petition for Exemption; Summary of Petition Received; Embry-
Riddle Aeronautical University

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

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before September 4, 2018.

ADDRESSES: Send comments identified by docket number FAA-2018-0618
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Brent Hart,<PHONE_NUMBER>, Office of
Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on July 25, 2018.
Dale Bouffiou,
Deputy Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2018-0618
    Petitioner: Embry-Riddle Aeronautical University
    Section(s) of 14 CFR Affected: 141.63(a)(5)(i) and (ii)
    Description of Relief Sought: The petitioner seeks relief from 14
CFR 141.63(a)(5)(i) and (ii) for the purpose of seeking a one-time
approval to establish examining authority privileges to new courses,
based on existing courses in which examining authority is currently
approved, for Air Agency certificate #BF8S032Q.

[FR Doc. 2018-17468 Filed 8-13-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: July 19, 2010 (Volume 75, Number 137)]
[Notices]
[Page 41858-41859]
[DOCID:fr19jy10-64]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Termination of License by Implied Surrender and
Soliciting Comments, Protests, and Motions To Intervene

    July 9, 2010.
    Take notice that the following hydroelectric proceeding has been
initiated by the Commission:
    a. Type of Proceeding: Termination of license by implied surrender.
    b. Project No.: 3037-014.
    c. Date Initiated: July 01, 2010.
    d. Licensee/owner/former owners: Roosevelt Hydroelectric Company;
Rhode Island Department of Environmental Management; BTSFEO, LLC
(BTSFEO); and Tai-O Associates L.P. (Tai-O).
    e. Name and Location of Project: The constructed 700-kilowatt (kW)
Elizabeth Webbing Mills Project is located on the Blackstone River in
Providence County, Rhode Island.
    f. Proceeding Initiated Pursuant to: Standard Article 16 of the
project's license and 18 CFR 6.4 (2010).
    g. FERC Contact: Diane Murray,<PHONE_NUMBER>.
    h. Deadline for filing comments, protests, and motions to
intervene: August 9, 2010.
    Comments, Motions to Intervene, and Protests may be filed
electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site under the ``eFiling'' link.
Please include the project number (P-3037-014) on any documents or
motions filed. If unable to be filed electronically, documents may be
paper-filed. To paper-file, an original

and eight copies should be mailed to: Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings, please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    i. Description of Existing Facilities: (1) A granite masonry dam,
156 feet long and 10 feet high with provisions for installing 12-inch
flashboards; (2) a reservoir of negligible storage capacity; (3) a
headrace, 14 to 40 feet wide and 39 feet long; (4) a powerhouse, 40
feet wide and 39 feet long, containing a turbine with a rated capacity
of 745 kW, connected to a generator with a rated capacity of 700 kW;
(5) a 400-foot-long, 5-kV transmission line, a 1,000-kVA transformer,
and a 70-foot-long, 15-kV transmission line; (6) a tailrace; and (7)
other appurtenances.
    j. Description of Proceeding:
    18 CFR 6.4 of the Commission's regulations provides, among other
things, that it is deemed to be intent of a licensee to surrender a
license, if the licensee abandons a project for a period of three
years. In addition, standard Article 16 of the license for Project No.
3037, provides, in pertinent part:

    If the Licensee shall cause or suffer essential project property
to be removed or destroyed or to become unfit for use, without
adequate replacement, or shall abandon or discontinue good faith
operation of the project or refuse or neglect to comply with the
terms of the license and the lawful orders of the Commission * * *,
the Commission will deem it to be the intent of the Licensee to
surrender the license * * *

    A minor license for the project was issued in 1981 to Roosevelt
Hydro Electric Company (Roosevelt Hydro). 16 FERC ] 62,040 (1981). The
project has not operated since 2001 when Roosevelt Hydro filed for
bankruptcy and is currently in disrepair. BTSFEO purchased the project
in 2004 through the bankruptcy proceeding, and in December 2006 it sold
the project to Tai-O. In September 2009, Tai-O entered into a contract
with Rhode Island DEM to sell the project to Rhode Island DEM. The sale
has been completed.
    By order issued July 09, 2010, the Commission dismissed an
application for approval to transfer the license to Tai-O (because Tai-
O sold the project and does not intend to act as a licensee) and
initiated a proceeding to terminate the license for Project No. 3037 by
implied surrender.
    k. Location of the Order: A copy of the order is available for
inspection and reproduction at the Commission in the Public Reference
Room or may be viewed on the Commission's website at http://
www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'', and ``RECOMMENDATIONS FOR TERMS AND
CONDITIONS'', as applicable, and the Project Number of the proceeding.
    n. Agency Comments--Federal, states, and local agencies are invited
to file comments on the described proceeding. If an agency does not
file comments within the time specified for filing comments, it will be
presumed to have no comments.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-17549 Filed 7-16-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 2, 2008 (Volume 73, Number 170)]
[Proposed Rules]
[Page 51254-51255]
[DOCID:fr02se08-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0005; Airspace Docket No. 08-AAL-1]

Proposed Revision of Class E Airspace; Ruby, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to revise Class E airspace at Ruby, AK.
One Standard Instrument Approach Procedure (SIAP) is being amended for
the Ruby Airport at Ruby, AK. Adoption of this proposal would result in
revising Class E airspace upward from 700 feet (ft.) and 1,200 ft.
above the surface at the Ruby Airport, Ruby, AK.

DATES: Comments must be received on or before October 17, 2008.

ADDRESSES: Send comments on the proposal to the Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2008-0005/Airspace Docket
No. 08-AAL-1, at the beginning of your comments. You may also submit
comments on the Internet at http://www.regulations.gov. You may review
the public docket containing the proposal, any comments received, and
any final disposition in person in the Dockets Office between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527) is on the plaza level of the
Department of Transportation NASSIF Building at the above address.
    An informal docket may also be examined during normal business
hours at the office of the Manager, Safety, Alaska Flight Service
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2008-0005/
Airspace Docket No. 08-AAL-1.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this notice may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of Notice of Proposed Rulemakings (NPRMs)

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov or the Superintendent of Documents' Web page at http://
www.access.gpo.gov/nara/index.html.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration, Office of
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW.,
Washington, DC 20591 or by calling<PHONE_NUMBER>. Communications must
identify both docket numbers for this notice. Persons interested in
being placed on a mailing list for future NPRMs should contact the
FAA's Office of Rulemaking,<PHONE_NUMBER>, to request a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.

The Proposal

    The FAA is considering an amendment to the Code of Federal
Regulations (14 CFR part 71), which would revise Class E airspace at
the Ruby Airport, in Ruby, AK. The intended effect of this proposal is
to revise existing Class E airspace upward from 700 ft. and 1,200 ft.
above the surface to contain Instrument Flight Rules (IFR) operations
at the Ruby Airport, Ruby, AK.
    The FAA Instrument Flight Procedures Production and

Maintenance Branch has amended one SIAP for the Ruby Airport. The
amended SIAP is the Area Navigation (RNAV) Global Positioning System
(GPS) Runway (RWY) 21, Amendment 2. Class E controlled airspace
extending upward from 700 ft. and 1,200 ft. above the surface in the
Ruby Airport area would be revised by this action. The proposed
airspace is sufficient in size to contain aircraft executing the
instrument procedures at the Ruby Airport, Ruby, AK.
    The area would be depicted on aeronautical charts for pilot
reference. The coordinates for this airspace docket are based on North
American Datum 83. The Class E airspace areas designated as 700/1200
foot transition areas are published in paragraph 6005 in FAA Order
7400.9R, Airspace Designations and Reporting Points, signed August 15,
2007, and effective September 15, 2007, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designations listed in
this document would be published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it proposes to create Class E airspace sufficient in size to contain
aircraft executing instrument procedures at the Ruby Airport, AK, and
represents the FAA's continuing effort to safely and efficiently use
the navigable airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9R, Airspace Designations and
Reporting Points, signed August 15, 2007, and effective September 15,
2007, is to be amended as follows:
* * * * *

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

* * * * *

AAL AK E5 Ruby, AK [Revised]

Ruby, Ruby Airport, AK
    (Lat. 64[deg]43[min]38[sec] N., Long. 155[deg]28[min]11[sec] W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Ruby Airport, AK, and 8 miles either
side of the 051[deg](T)/070[deg](M) bearing from the Ruby Airport,
AK, extending from the 6.4-mile radius to 20.3 miles northeast of
the Ruby Airport, AK; and that airspace extending upward from 1,200
feet above the surface within a 70-mile radius of the Ruby Airport,
AK.
* * * * *

    Issued in Anchorage, AK, on August 22, 2008.
James Miller,
Acting Manager, Alaska Flight Services Information Area Group.
[FR Doc. E8-20312 Filed 8-29-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Notices]
[Page 5546-5547]
[DOCID:fr30ja08-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER07-1249-000, ER07-1249-001, ER07-1249-002, ER07-1249-
003]

Lockport Energy Associates, L.P.; Notice of Issuance of Order

January 23, 2008.
    Lockport Energy Associates, L.P. (Lockport) filed an application
for market-based rate authority, with an accompanying rate schedule.
The proposed market-based rate schedule provides for the sale of
energy, capacity and ancillary services at market-based rates. Lockport
also requested waivers of various Commission regulations. In
particular, Lockport requested that the Commission grant blanket
approval under 18 CFR part 34 of all future issuances of securities and
assumptions of liability by Lockport.
    On January 23, 2008, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development--West, granted the requests
for blanket approval under part 34 (Director's Order). The Director's
Order also stated that the Commission would publish a separate notice
in the

Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard concerning the
blanket approvals of issuances of securities or assumptions of
liability by Lockport, should file a protest with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure. 18 CFR 385.211, 385.214 (2007). The Commission
encourages the electronic submissions of protests using the FERC Online
link at http://www.ferc.gov.

    Notice is hereby given that the deadline for filing protests is
February 22, 2008.
    Absent a request to be heard in opposition to such blanket
approvals by the deadline above, Lockport is authorized to issue
securities and assume obligations or liabilities as a guarantor,
indorser, surety, or otherwise in respect of any security of another
person; provided that such issuance or assumption is for some lawful
object within the corporate purposes of Lockport, compatible with the
public interest, and is reasonably necessary or appropriate for such
purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Lockport's issuance of securities or assumptions
of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-1586 Filed 1-29-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 52 (Friday, March 17, 2023)]
[Notices]
[Pages 16520-16521]
[FR Doc No: 2023-05431]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Final Federal Agency Actions on Proposed Rail
Transportation Projects

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice.

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SUMMARY: This notice announces final environmental actions taken by the
Federal Railroad Administration (FRA) that are final for the Western
Rail Yard Infrastructure Project, Livingston Avenue Bridge Replacement
Project, and the Aberdeen Carolina & Western Railway Congestion
Mitigation Project. The purpose of this notice is to advise the public
of the time limit to file any claims that may challenge these decisions
and other Federal permits, licenses, and approvals for the Projects.

DATES: A claim seeking judicial review of Federal agency actions for
the listed rail transportation projects will be barred unless the claim
is filed on or before March 17, 2025. If the Federal law that
authorizes judicial review of a claim provides a time period of less
than two years for filing such claim, then the shorter time period
applies.

FOR FURTHER INFORMATION CONTACT: For further information related to
this notice, please contact Pauline Munz, Attorney-Adviser, Office of
the Chief Counsel, 1200 New Jersey Avenue SE, W31-228, Washington, DC
20590; telephone:<PHONE_NUMBER> or email: [email protected].

SUPPLEMENTARY INFORMATION: Notice is given that FRA has taken final
agency action(s) by issuing certain approvals for the rail
transportation project(s) listed below. The actions on the projects, as
well as the laws under which such actions were taken, are described in
the documentation issued for the projects to comply with the National
Environmental Policy Act (NEPA) and related environmental laws.
    This notice applies to all Federal agency decisions on the listed
project(s) as of the issuance date of this notice and all Federal laws
under which such actions were taken, including but not limited to, NEPA
(42 U.S.C. 4321-4375); section 4(f) (49 U.S.C. 303); section 106 of the
National Historic Preservation Act (54 U.S.C. 306108); the Clean Air
Act (42 U.S.C. 7401-7671q); the Endangered Species Act (16 U.S.C. 1531-
1544); the Clean Water Act (33 U.S.C. 1251) and relevant Executive
Orders (E.O.) including, E.O. 11990 Protection of Wetlands, E.O. 11988
Floodplain Management, E.O. 13112 Invasive Species, E.O. Federal
Actions to Address Environmental Justice in Minority Populations and
Low Income Populations, and E.O. 13175 Consultation and Coordination
with Indian Tribal Governments. This notice does not, however, alter or
extend a shorter limitation period that may exist for challenges of
project decisions covered by this notice. The projects that are the
subject of this notice follow.
    Project name and location: Western Rail Yard Infrastructure
Project, New York, New York.
    Project Summary: The project consists of construction and operation
of: (1) a structural Platform (Platform); and (2) a railroad right-of-
way preservation Tunnel Encasement (Tunnel Encasement). The project
will be located on the 13-acre Western Rail Yard site, located on the
western half of the Metropolitan Transportation Authority (MTA) Long
Island Rail Road (LIRR) John D. Caemmerer Yard (aka ``Hudson Yards'').
The approximately 9.8-acre Platform will span the Western Rail Yard and
will include deep footings and a concrete slab to cover the active rail
yard below, and reinforced building foundations. Platform construction
also

includes the modernization of LIRR support services for the yard,
including new life-safety systems. The Tunnel Encasement in the Western
Rail Yard will start at the western edge of Eleventh Avenue and extend
underground to the northern edge of 30th Street.
    FRA issued the draft environmental impact statement (EIS) on June
11, 2021, and the public comment period occurred between June 11, 2021
and July 26, 2021. FRA issued a combined Final EIS and Record of
Decision on November 22, 2021.
    Project name and location: Livingston Avenue Bridge Replacement
Project, Albany and Rensselaer Counties, New York.
    Project Summary: The project consists of replacing the Livingston
Avenue Bridge, which spans the Hudson River between the cities of
Albany and Rensselaer. The bridge was constructed in 1901-1903 on a
substructure that dates to the 1860s and is nearing the end of its
serviceable life. The project will completely replace the existing two-
track Livingston Avenue Bridge with a new two-track movable bridge
located parallel to, and approximately 50 feet south of, the existing
bridge. The project also includes a direct connection from the current
shared-use path to the Albany Skyway at the western terminus of the new
bridge as well as construction of a portion of the proposed Rensselaer
Riverfront Multi-Use Trail.
    FRA issued the Draft Environmental Assessment (EA) for the Project
on May 9, 2022, and the public comment period occurred between May 9
and June 15, 2022. FRA issued a Finding of No Significant Impact
(FONSI) on October 31, 2022.
    Project Name and location: Aberdeen Carolina & Western Railway
Congestion Mitigation Project, North Carolina.
    Project Summary: The project consists of the construction of
siding, new storage track spurs, and a warehouse on a 66-acre property
located along Allen Station Road Mint Hill at the Mint Hill location;
new siding at the Midland location in Cabarrus County; storage track
spurs at the Aberdeen Carolina & Western Railway Headquarters in
Candor, North Carolina; and double-ended passing and storage siding at
the Samarcand and Eagle Springs location in Moore County. The purpose
of the project is to address congestion issues on the existing
railroad.
    FRA issued the Draft EA on July 29, 2022, and the public comment
period occurred between July 29 and August 31, 2022. FRA issued a FONSI
on September 30, 2022.
    Project name and location: Camp Hall Industrial Corridor Project,
Berkeley County, South Carolina.
    Project Summary: The project consists of construction of a 22.7-
mile freight rail corridor from the Camp Hall Commerce Park in Berkeley
County, South Carolina, traveling north and east to a connection with
the CSX Transportation, Inc. (CSXT) rail network near the Santee Cooper
Cross Generating Station in Pineville, South Carolina. The purpose of
the project is to construct and operate an industrial rail line that
will connect an existing Class I rail line with the Camp Hall Commerce
Park. The need for the rail line derives from development in the Camp
Hall Commerce Park increasing the demand for rail service connecting
the park with an existing Class I rail network, in a manner that is
logistically feasible. The rail line will better serve the needs of
future park tenants and industry for transportation, distribution, and
logistics. In addition, the rail line will support infrastructure needs
in South Carolina and Berkeley County and will help alleviate highway
congestion involving large commercial trucks.
    The Surface Transportation Board's Office of Environmental Analysis
(OEA) and U.S. Army Corps of Engineers (USACE) jointly issued the Draft
EA on November 30, 2018, with FRA serving as a cooperating agency, and
the public comment period occurred between November 30 and December 30,
2018. A Final EA was issued by OEA and USACE on April 30, 2019. FRA
issued a FONSI on January 3, 2023.
    Project name and location: Atlanta to Charlotte Passenger Rail
Corridor Investment Plan (PRCIP).
    Project Summary: The project consists of developing the Atlanta to
Charlotte portion of the Southeast High Speed Rail (SEHSR) Corridor
through the Atlanta to Charlotte Passenger Rail Corridor Investment
Plan. The plan identifies the Greenfield Corridor as the route for
further study and development. The Greenfield Corridor is a 274-mile
route that connects Charlotte, NC (Charlotte Gateway Station) and
Atlanta, GA (Hartsfield/Jackson Atlanta International Airport-H-JAIA)
and generally follows a new dedicated alignment between the Charlotte
airport and northeast Atlanta.
    The purpose of the PRCIP is to help determine future transportation
investments of vital importance to all people who live, work, and
travel in the Atlanta to Charlotte corridor.
    FRA issued the draft Tier I environmental impact statement (EIS) on
September 20, 2019, and the public comment period occurred between
September 20, 2019 and November 4, 2019. FRA issued a combined Final
EIS and Record of Decision on June 30, 2021.
    Project name and location: Walk Bridge Replacement Project,
Norwalk, Connecticut.
    Project Summary: The project consists of removing the existing
railroad bridge structure and replacing it with two side-by-side 240-
foot open-deck through truss vertical lift spans across the Norwalk
River as well as other improvements within and outside the New Haven
Line right-of-way (ROW) such as track and ballast replacement and
construction of a new retaining wall. Each new bridge span would have
separate mechanical and electrical equipment and controls so that each
span can work independently of the other, or in unison as needed.
Additionally, the Project involves improvements outside the railroad
ROW in the vicinity of the existing bridge, including construction of a
pedestrian/bicycle trail connection to the Norwalk River Valley Trail's
Harbor Loop Trail in East Norwalk.
    In August 2016, the Federal Transit Administration (FTA), prepared
an EA for the project. FRA was a Cooperating Agency in the development
of the EA. FRA approved its own FONSI for the Project on April 28,
2022.
    Authority: 49 U.S.C. 24201(a)(4) and 23 U.S.C. 139(l)(1).

    Issued in Washington, DC.
Marlys Ann Osterhues,
Director, Office of Environmental Program Management.
[FR Doc. 2023-05431 Filed 3-16-23; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Notices]
[Pages 12064-12066]
[FR Doc No: 2021-04091]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91192]

Order Granting Application by MIAX PEARL, LLC for an Exemption
Pursuant to Section 36(a) of the Exchange Act From the Rule Filing
Requirements of Section 19(b) of the Exchange Act With Respect to
Certain Rules Incorporated by Reference

February 23, 2021.
    MIAX PEARL, LLC (``MIAX PEARL'' or ``Exchange'') has filed with the
Securities and Exchange Commission

(``Commission'') an application for an exemption under Section 36(a)(1)
of the Securities Exchange Act of 1934 (``Act'' or ``Exchange Act'')
\1\ from the rule filing requirements of Section 19(b) of the Exchange
Act \2\ with respect to certain rules of the Financial Industry
Regulatory Authority, Inc. (``FINRA'') and Miami International
Securities Exchange, LLC (``MIAX''), an affiliate of MIAX PEARL, that
the Exchange seeks to incorporate by reference.\3\ Section 36 of the
Exchange Act authorizes the Commission to conditionally or
unconditionally exempt any person, security, or transaction, or any
class thereof, from any provision of the Exchange Act or rule
thereunder, if necessary or appropriate in the public interest and
consistent with the protection of investors.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78mm(a)(1).
    \2\ 15 U.S.C. 78s(b).
    \3\ See Letter from Christopher Solgan, VP, Senior Counsel, MIAX
PEARL, to Vanessa Countryman, Secretary, Commission, dated January
15, 2021 (``Exemptive Request''). The Exchange submitted the
Exemptive Request in connection with its proposal to adopt rules to
govern the trading of equity securities on the Exchange (referred to
herein as ``MIAX PEARL Equities Rules''). See Securities Exchange
Act Release Nos. 88132 (February 6, 2020), 85 FR 8053 (February, 12,
2020) (Notice of Filing of a Proposed Rule Change To Adopt Rules
Governing the Trading of Equity Securities); and 88859 (May 12,
2020), 85 FR 29759 (May 18, 2020) (Notice of Filing of Amendment No.
1 and Order Instituting Proceedings To Determine Whether To Approve
or Disapprove a Proposed Rule Change, as Modified by Amendment No.
1, To Establish Rules Governing the Trading of Equity Securities).
---------------------------------------------------------------------------

    On August 14, 2020, the Commission approved the Exchange's proposal
to adopt rules to govern the trading of cash equities and establish an
equities trading facility of the Exchange.\4\ Among other things, these
MIAX PEARL Equities Rules include conduct and operational rules
applicable to a new category of Exchange member participation, referred
to as ``Equity Members.''
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 83289 (August 14,
2020), 85 FR 51510 (August 20, 2020) (SR-PEARL-2020-03).
---------------------------------------------------------------------------

    MIAX PEARL has requested, pursuant to Rule 0-12 under the Exchange
Act,\5\ that the Commission grant the Exchange an exemption from the
rule filing requirements of Section 19(b) of the Act for changes to
those MIAX PEARL Equities Rules that are effected solely by virtue of a
change to a cross-referenced FINRA or MIAX rule.\6\ Specifically, the
Exchange requests that it be permitted to incorporate by reference
changes made to each FINRA or MIAX rule (or series of rules as the case
may be) that is cross-referenced in the following MIAX PEARL Equities
Rules, without the need for the Exchange to file separately the same
proposed rule changes pursuant to Section 19(b) of the Act: \7\
---------------------------------------------------------------------------

    \5\ 17 CFR 240.0-12.
    \6\ See Exemptive Request, supra note 3, at 2.
    \7\ Id. at 2-3.
---------------------------------------------------------------------------

     Rule 2101 (Violations Prohibited) cross-references MIAX
Rule 300 (Adherence to Law),
     Rule 2104 (Communications with the Public) cross-
references FINRA Rule 2210 (Communications with the Public) (except for
paragraph (c) of FINRA Rule 2210),
     Rule 2105 (Know Your Customer) cross-references FINRA Rule
2090 (Know Your Customer),
     Rule 2107 (Suitability) cross-references FINRA Rule 2111
(Suitability),
     Rule 2119 (Telemarketing) cross-references MIAX Rule 1325
(Telemarketing),
     Rule 2200 (General Requirements) cross-references FINRA
Rule 4511 (General Requirements),
     Rule 2201 (Customer Account Information) cross-references
FINRA Rule 4512 (Customer Account Information),
     Rule 2203 (Record of Written Complaints) cross-references
FINRA Rule 4513 (Records of Written Customer Complaints),
     Rule 2204 (Disclosure of Financial Condition) cross-
references MIAX Rule 1313 (Statement of Financial Condition to
Customers),
     Rule 2302 (Annual Certification of Compliance and
Supervisory Processes) cross-references FINRA Rule 3130 (Annual
Certification of Compliance and Supervisory Processes),
     Rule 2303 (Prevention of the Misuse of Material, Non-
Public Information) cross-references MIAX Rule 303 (Prevention of the
Misuse of Material Non-Public Information),
     Rule 2304 (Anti-Money Laundering Compliance Program)
cross-references MIAX Rule 315 (Anti-Money Laundering Compliance
Program),
     Rule 2305 (Transactions for or by Associated Persons)
cross-references FINRA Rule 3210 (Accounts at Other Broker-Dealers and
Financial Institutions),
     Rule 2712 (Trading Ahead of Research Reports) cross-
references MIAX Rule 320 (Trading Ahead of Research Reports),
     Rule 2714 (Front Running of Block Transactions) cross-
references FINRA Rule 5270 (Front Running of Block Transactions), and
     Rule 2715 (Disruptive Quoting and Trading Activity
Prohibited) cross-references MIAX Rule 322 (Disruptive Quoting and
Trading Activity Prohibited).
    The Exchange states that the direct incorporations by reference of
FINRA and MIAX rules, which are regulatory in nature,\8\ are intended
to be a comprehensive integration of the relevant FINRA and MIAX rules
into the MIAX PEARL Equities Rules.\9\ As the Exchange notes, the MIAX
PEARL Rules currently incorporate by reference Chapters III and XIII of
the MIAX Rules, and the Exchange has previously received an exemption
from the rule filing requirements of Section 19(b) with respect to
these rules.\10\ Equity Members are a subset of MIAX PEARL Members,\11\
and MIAX PEARL Members are currently subject to the MIAX Rules that are
already incorporated by reference.\12\ According to the Exchange, the
recently approved MIAX PEARL Equities Rules cross-reference to these
MIAX Rules for completeness and to remove doubt as to whether an Equity
Member would be subject to these cross-referenced MIAX Rules.\13\
---------------------------------------------------------------------------

    \8\ See id. at 4. The Exchange represents that the FINRA and
MIAX rules proposed to be incorporated by reference are not trading
rules. In addition, the Exchange notes that several other self-
regulatory organizations (``SROs'') incorporate by reference certain
regulatory rules of another SRO and have received from the
Commission similar exemptions from Section 19(b) of the Exchange
Act. See id. at 4 n.7.
    \9\ See id. at 4.
    \10\ See id. at 3; Securities Exchange Act Release No. 79543
(December 13, 2016), 81 FR 92901 (December 20, 2016) (File No. 10-
227) (In the Matter of the Application of MIAX PEARL, LLC for
Registration as a National Securities Exchange; Findings, Opinion,
and Order of the Commission) (granting the application of MIAX PEARL
for registration as a national securities exchange, and
conditionally exempting MIAX PEARL from the rule filing requirements
of Section 19(b) of the Act with respect to the MIAX, Chicago Board
Options Exchange, Incorporated (``CBOE''), New York Stock Exchange
LLC, and FINRA rules that MIAX PEARL proposed to incorporate by
reference, including MIAX Rules Chapters III and XIII).
    \11\ See MIAX PEARL Rule 2000.
    \12\ See MIAX PEARL Rules Chapters III and XIII.
    \13\ See Exemptive Request, supra note 3, at 4.
---------------------------------------------------------------------------

    The Exchange represents that, as a condition to the requested
exemption from Section 19(b) of the Act, the Exchange will provide
written notice to its members whenever FINRA or MIAX proposes a change
to a cross-referenced rule.\14\ Such notice will alert Exchange members
to the proposed rule change and give them an opportunity to comment on
the proposal.\15\ The Exchange further represents that it similarly
will inform members in

writing when the Commission approves any such proposed rule
changes.\16\
---------------------------------------------------------------------------

    \14\ The Exchange represents that it will provide such notice on
its website in the same section it uses to post its own proposed
rule change filings pursuant to Rule 19b-4(l) within the same time
period required by such Rule. The MIAX PEARL website will also
include a link to the FINRA or MIAX website where the proposed rule
change filings are located. See id.
    \15\ See id. at 4 n.8.
    \16\ See id.
---------------------------------------------------------------------------

    According to the Exchange, this exemption is necessary and
appropriate because it would result in the MIAX PEARL Equities Rules
being consistent with the relevant cross-referenced FINRA and MIAX
rules at all times, thus ensuring identical regulation of joint members
of the Exchange, FINRA, and/or MIAX with respect to such rules.\17\
Without such an exemption, joint members of the Exchange, FINRA, and/or
MIAX could be subject to two different standards.\18\ In addition, the
Exchange believes that the exemption would ensure consistency between
certain MIAX PEARL Equities Rules and FINRA rules that are covered by
the Exchange's regulatory services agreement (``RSA'') with FINRA,
which would facilitate FINRA's provision of services to the Exchange
under the RSA within the scope of those MIAX PEARL Equities Rules.\19\
---------------------------------------------------------------------------

    \17\ See id. at 3.
    \18\ See id.
    \19\ See id.
---------------------------------------------------------------------------

    The Commission has issued exemptions similar to the Exchange's
request.\20\ In granting one such exemption in 2010, the Commission
repeated a prior, 2004 Commission statement that it would consider
similar future exemption requests from other SROs, provided that:
---------------------------------------------------------------------------

    \20\ See, e.g., Securities Exchange Act Release Nos. 83296 (May
21, 2018), 83 FR 24362 (May 25, 2018) (order granting NYSE National,
Inc.'s exemptive request relating to rules of FINRA incorporated by
reference); 83040 (April 12, 2018), 83 FR 17198 (April 18, 2018)
(order granting MIAX PEARL's exemptive request relating to rules of
MIAX incorporated by reference); 78101 (June 17, 2016), 81 FR 41141,
41165 (June 23, 2016) (order granting application for registration
as a national securities exchange of Investors' Exchange, LLC and
exemptive request relating to rules of FINRA incorporated by
reference); 76998 (January 29, 2016), 81 FR 6066, 6083-84 (February
4, 2016) (order granting application for registration as a national
securities exchange of ISE Mercury, LLC (now known as Nasdaq MRX,
LLC) and exemptive request relating to rules of the International
Securities Exchange, LLC (now known as Nasdaq ISE, LLC) (``ISE'')
incorporated by reference, including index options rules); 70050
(July 26, 2013), 78 FR 46622, 46642 (August 1, 2013) (order granting
application for registration as a national securities exchange of
Topaz Exchange, LLC (now known as Nasdaq GEMX, LLC) and exemptive
request relating to rules of ISE incorporated by reference,
including index options rules); 61152 (December 10, 2009), 74 FR
66699, 66709-10 (December 16, 2009) (order granting application for
registration as a national securities exchange of C2 Options
Exchange, Incorporated and exemptive request relating to rules of
CBOE incorporated by reference, including index options rules). See
also, e.g., Securities Exchange Act Release No. 61534 (February 18,
2010), 75 FR 8760 (February 25, 2010) (order granting BATS Exchange,
Inc.'s exemptive request relating to rules incorporated by reference
by the BATS Exchange Options Market rules) (``BATS Options Market
Order'').
---------------------------------------------------------------------------

     An SRO wishing to incorporate rules of another SRO by
reference has submitted a written request for an order exempting it
from the requirement in Section 19(b) of the Exchange Act to file
proposed rule changes relating to the rules incorporated by reference,
has identified the applicable originating SRO(s), together with the
rules it wants to incorporate by reference, and otherwise has complied
with the procedural requirements set forth in the Commission's release
governing procedures for requesting exemptive orders pursuant to Rule
0-12 under the Exchange Act; \21\
---------------------------------------------------------------------------

    \21\ See 17 CFR 240.0-12; Securities Exchange Act Release No.
39624 (February 5, 1998), 63 FR 8101 (February 18, 1998) (Commission
Procedures for Filing Applications for Orders for Exemptive Relief
Pursuant to Section 36 of the Exchange Act).
---------------------------------------------------------------------------

     The incorporating SRO has requested incorporation of
categories of rules (rather than individual rules within a category)
that are not trading rules (e.g., the SRO has requested incorporation
of rules such as margin, suitability, or arbitration); and
     The incorporating SRO has reasonable procedures in place
to provide written notice to its members each time a change is proposed
to the incorporated rules of another SRO.\22\
---------------------------------------------------------------------------

    \22\ See BATS Options Market Order, supra note 20 (citing
Securities Exchange Act Release No. 49260 (February 17, 2004), 69 FR
8500 (February 24, 2004) (order granting exemptive request relating
to rules incorporated by reference by several SROs) (``2004
Order'')).
---------------------------------------------------------------------------

    The Commission believes that the Exchange has satisfied each of
these conditions. The Commission also believes that granting the
Exchange an exemption from the rule filing requirements under Section
19(b) of the Exchange Act will promote efficient use of Commission and
Exchange resources by avoiding duplicative rule filings based on
simultaneous changes to identical rule text sought by more than one
SRO.\23\ The Commission therefore finds it appropriate in the public
interest and consistent with the protection of investors to exempt the
Exchange from the rule filing requirements under Section 19(b) of the
Exchange Act with respect to the above-described rules it has
incorporated by reference. This exemption is conditioned upon the
Exchange promptly providing written notice to its members whenever
FINRA or MIAX changes a rule that the Exchange has incorporated by
reference.
---------------------------------------------------------------------------

    \23\ See id. at 8761. See also 2004 Order, supra note 22, at
8502.
---------------------------------------------------------------------------

    Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act,\24\ that the Exchange is exempt from the rule filing requirements
of Section 19(b) of the Exchange Act solely with respect to changes to
the MIAX PEARL Equities Rules identified in its request that
incorporate by reference certain FINRA and MIAX rules that are the
result of changes to such FINRA or MIAX rules, provided that the
Exchange promptly provides written notice to its members whenever FINRA
or MIAX proposes to change a rule that the Exchange has incorporated by
reference.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78mm.

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

    \25\ 17 CFR 200.30-3(a)(76).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-04091 Filed 2-26-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Rules and Regulations]
[Pages 10262-10264]
[FR Doc No: 2017-01778]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9050; Directorate Identifier 2016-NM-086-AD;
Amendment 39-18788; AD 2017-02-09]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 747-400, -400D, and -400F series airplanes.
This AD was prompted by widespread corrosion damage that was found on
the skin inner surface along the upper bulkhead at certain stations
between certain stringers. This AD requires repetitive inspections of
the fuselage crown skin inner surface, and related investigative and
corrective actions if necessary. This AD also allows for terminating
actions for the repetitive inspections. We are issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective March 17, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 17,
2017.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740; telephone<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-9050.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9050; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Nathan Weigand, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6428; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 747-400, -400D, and -400F series airplanes. The NPRM published in
the Federal Register on August 30, 2016 (81 FR 59532) (``the NPRM'').
The NPRM was prompted by widespread corrosion damage that was found on
the skin inner surface along the upper bulkhead at certain stations
between certain stringers. The NPRM proposed to require repetitive
inspections of the fuselage crown skin inner surface, and related
investigative and corrective actions if necessary. The NPRM would also
allow for terminating actions for the repetitive inspections. We are
issuing this AD to detect and correct cracks and corrosion on the crown
skin inner surface. If the cracks or corrosion are not repaired, the
cracks can rapidly join together and can cause a sudden decompression
and loss of structural integrity of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Support for the NPRM

    United Airlines supported the content of the NPRM.

Request To Clarify the Language in the Terminating Action Paragraph

    Boeing asked that we add accomplishment of Part 4 to the
terminating action language specified in paragraph (i) of the proposed
AD for clarification purposes. Boeing stated that Tables 1 and 2 of
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-
53A2878, dated May 19, 2016, specify that Action 1 is to complete Part
3: Skin Panel Modification or Repair; and Action 2 is to complete Part
4: Surface Finish Restoration. Boeing noted that both actions must be
completed before further flight.
    We agree with the commenter's request to add accomplishment of Part
4 of the referenced service information, for the reason provided. We
have clarified the language in paragraph (i) of this AD to specify that
both Part 3 and Part 4 of the referenced service information must be
accomplished to terminate the repetitive inspections required by
paragraph (g) of this AD. However, we do not agree that both actions
must be done before further flight because the terminating action is
optional; therefore, no specific compliance time is required.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the change described previously and minor editorial
changes. We have determined that these minor changes:

     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 747-53A2878, dated May
19, 2016. The service information describes procedures for inspecting
the fuselage crown skin inner surface body at affected stations, and
doing related investigative and corrective actions if necessary. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 53 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
             Action                     Labor cost             Cost per product         Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Inspections and access.........  Up to 815 work-hours x   Up to $69,275.............  Up to $3,671,575.
                                  $85 per hour = $69,275.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that
will be required based on the results of the inspection. We have no way
of determining the number of aircraft that might need these repairs and
on-condition inspections:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
             Action                     Labor cost                Parts cost               Cost per product
----------------------------------------------------------------------------------------------------------------
Repairs and on[dash]condition    Up to 1,820 work-hours   N/A.......................  Up to $154,700.
 inspections.                     x $85 per hour =
                                  $154,700.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2017-02-09 The Boeing Company: Amendment 39-18788; Docket No. FAA-
2016-9050; Directorate Identifier 2016-NM-086-AD.

(a) Effective Date

    This AD is effective March 17, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-400, -400D, and
-400F series airplanes, certificated in any category, as identified
in Boeing Alert Service Bulletin 747-53A2878, dated May 19, 2016.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by widespread corrosion damage that was
found on the skin inner surface along the upper bulkhead at certain
stations between certain stringers. We are issuing this AD to detect
and correct

cracks and corrosion on the crown skin inner surface. If the cracks
or corrosion are not repaired, the cracks can rapidly join together
and can cause a sudden decompression and loss of structural
integrity of the airplane.

(f) Compliance

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

(g) Inspection of the Skin Inner Surface

    At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2878, dated
May 19, 2016, except as required by paragraph (k)(1) of this AD: Do
a detailed inspection of the skin inner surface for any missing or
degraded finish, sign of corrosion, or crack, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2878, dated May 19, 2016. Repeat the inspection thereafter at
intervals not to exceed the applicable time specified in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2878,
dated May 19, 2016, until the actions specified in paragraph (i) of
this AD have been done.

(h) Repair of the Skin Inner Surface

    If any damage is found during any inspection required by
paragraph (g) of this AD, before further flight, do all applicable
related investigative and correction actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2878, dated May 19, 2016, except as required by paragraph (k)(2)
of this AD.

(i) Optional Terminating Action

    Modification or repair of the inner skin surfaces, and
restoration of the surface finish, in accordance with part 3 and
part 4, respectively, of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-53A2878, dated May 19, 2016, terminates
the repetitive inspections required by paragraph (g) of this AD.

(j) Post Repair Inspection and Repairs

    For airplanes on which a repair or modification has been done in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2878, dated May 19, 2016: Except as required
by paragraph (k)(1) of this AD, at the applicable time specified in
Table 3 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 747-53A2878, dated May 19, 2016, do detailed inspections to
detect damage of the repaired or modified areas, and do all
applicable corrective actions, in accordance with part 5 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2878, dated May 19, 2016, except as required by paragraph (k)(2)
of this AD. Do all applicable corrective actions before further
flight. Repeat the inspections thereafter at intervals not to exceed
the applicable time specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 747-53A2878, dated May 19, 2016.

(k) Exceptions

    (1) Where Boeing Alert Service Bulletin 747-53A2878, dated May
19, 2016, specifies a compliance time ``after the original issue
date of this service bulletin,'' this AD requires compliance within
the specified compliance time after the effective date of this AD.
    (2) If any cracking or corrosion is found during any inspection
required by this AD, and Boeing Alert Service Bulletin 747-53A2878,
dated May 19, 2016, specifies to contact Boeing for appropriate
action: Before further flight, repair the cracking or corrosion
using a method approved in accordance with the procedures specified
in paragraph (l) of this AD.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (m) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) Except as required by paragraph (k)(2) of this AD: For
service information that contains steps that are labeled as Required
for Compliance (RC), the provisions of paragraphs (l)(4)(i) and
(l)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
    (ii) Steps not labeled 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 RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(m) Related Information

    For more information about this AD, contact Nathan Weigand,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 747-53A2878, dated May 19,
2016.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740;
telephone<PHONE_NUMBER>; Internet https://www.myboeingfleet.com
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 18, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-01778 Filed 2-9-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Notices]
[Pages 66315-66318]
[FR Doc No: 2021-25323]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-4465]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Administrative Detention and Banned Medical Devices

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is

announcing an opportunity for public comment on the proposed collection
of certain information by the Agency. Under the Paperwork Reduction Act
of 1995 (PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on information collection for
administrative detention and banned medical devices.

DATES: Submit either electronic or written comments on the collection
of information by January 21, 2022.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before January 21, 2022. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of January 21, 2022. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-N-4465 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Administrative Detention and
Banned Medical Devices.'' Received comments, those filed in a timely
manner (see ADDRESSES), will be placed in the docket and, except for
those submitted as ``Confidential Submissions,'' publicly viewable at
https://www.regulations.gov or at the Dockets Management Staff between
9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jonnalynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Administrative Detention and Banned Medical Devices

OMB Control Number 0910-0114--Extension

    FDA has the statutory authority under section 304(g) of the Federal
Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 334(g)) to detain
during established inspections devices that are believed to be
adulterated or misbranded. Section 800.55 (21 CFR 800.55), on

administrative detention, includes among other things certain reporting
requirements (Sec.  800.55(g)(1) and (g)(2)) and recordkeeping
requirements (Sec.  800.55(k)). Under Sec.  800.55(g), an appellant of
a detention order must show documentation of ownership if devices are
detained at a place other than that of the appellant. Under Sec.
800.55(k), the owner or other responsible person must supply records
about how the devices may have become adulterated or misbranded, in
addition to records of distribution of the detained devices. These
recordkeeping requirements for administrative detentions permit FDA to
trace devices for which the detention period expired before a seizure
is accomplished or injunctive relief is obtained.
    FDA also has the statutory authority under section 516 of the FD&C
Act (21 U.S.C. 360f) to ban devices that present substantial deception
or an unreasonable and substantial risk of illness or injury. Section
895.21 (21 CFR 895.21), on banned devices, contains certain reporting
requirements. Section 895.21(d) describes the procedures for banning a
device when the Commissioner of Food and Drugs (the Commissioner)
decides to initiate such a proceeding. Under 21 CFR 895.22, a
manufacturer, distributor, or importer of a device may be required to
submit to FDA all relevant and available data and information to enable
the Commissioner to determine whether the device presents substantial
deception, unreasonable and substantial risk of illness or injury, or
unreasonable, direct, and substantial danger to the health of
individuals.
    We estimate the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
         21 CFR section              Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
Administrative detention                       1               1               1              25              25
 reporting requirements--
 800.55(g) and (h)..............
Banned devices reporting                      26               1              26              16             416
 requirements--895.21(d)(8) and
 895.22(a)......................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             441
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of                       Average burden
                           21 CFR section                               Number of       records per      Total annual         per          Total hours
                                                                      recordkeepers     recordkeeper       records       recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
Records regarding device adulteration or misbranding and records of               1                1                1               20               20
 distribution of detained devices--800.55(k).......................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    During the past several years, there has been an average of less
than one new administrative detention action per year. Each
administrative detention will have varying amounts of data and
information that must be maintained.
    Administrative Detention Reporting--Sec.  800.55(g)(1) and (g)(2):
A person who would be entitled to claim the devices, if seized, may
appeal a detention order by submitting a written request to the FDA
District Director in whose district the devices are located. This
written appeal could include a request for an informal hearing as
defined in section 201(y) of the FD&C Act (21 U.S.C. 321(y)). In some
cases, the appellant must include documents showing that that person
has the legal right to appeal this order.
    Movement of Detained Devices--Sec.  800.55(h)(2): If detained
devices are not in final form for shipment, the manufacturer may move
them within the establishment where they are detained to complete the
work needed to put them in final form. As soon as the devices are moved
for this purpose, the individual responsible for their movement shall
orally notify the FDA representative who issued the detention order, or
another responsible district office official, of the movement of the
devices. As soon as the devices are put in final form, they shall be
segregated from other devices, and the individual responsible for their
movement shall orally notify the FDA representative who issued the
detention order, or another responsible district office official, of
their new location. The devices put in final form shall not be moved
further without FDA approval.
    Administrative Detention Recordkeeping--Sec.  800.55(k): The firm
shall have, or establish, and maintain records relating to how the
detained devices may have become adulterated or misbranded, records on
any distribution of the devices before and after the detention period,
records on the correlation of any in-process detained devices that are
put in final form, records of any changes in, or process of, the
devices permitted under the detention order, and records of any
movement of the detained devices.
    Procedures for Banned Devices Informal Hearing Request--Sec.
895.21(d)(8): Section 895.21(d) describes the procedures for banning a
device when the Commissioner decides to initiate such a proceeding.
Under Sec.  895.21(d), the Commissioner may decide to initiate a
proceeding to make a device a banned device. In that event, any
interested persons may submit written comments and request an informal
hearing within 30 days after the date of the publication of the
proposed regulation.
    Banned Devices Reporting--Sec.  895.22(a): A manufacturer,
distributor, or importer of a device may be required to submit to FDA
all relevant and available data and information to enable the
Commissioner to determine whether the device presents substantial
deception, unreasonable and substantial risk of illness or injury, or
unreasonable, direct, and substantial danger to the health of
individuals.
    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate.

    Dated: November 15, 2021.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2021-25323 Filed 11-19-21; 8:45 am]
BILLING CODE 4164-01-P