[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20603-20604]
[FR Doc No: 2023-07171]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Noise Compatibility Program for Lihue Airport, Lihue, Kauai,
Hawaii

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

ACTION: Notice of acceptance of noise exposure maps.

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SUMMARY: The Federal Aviation Administration (FAA) announces its
determination that the noise exposure maps submitted by the Hawaii
Department of Transportation for Lihue Airport are in compliance with
applicable statutory and regulatory requirements.

DATES: The effective date of the FAA's determination on the noise
exposure maps is March 31, 2023.

FOR FURTHER INFORMATION CONTACT: Kevin Nishimura, Environmental
Protection Specialist, 300 Ala Moana Boulevard, Honolulu, Hawaii 96850,
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with title 49, United States
Code (U.S.C.) section 47503 of the Aviation Safety and Noise Abatement
Act, an airport operator may submit to the FAA, noise exposure maps
(NEMs) depicting non-compatible uses and other information as of the
date the map was submitted. 49 U.S.C. 47503 also requires such maps to
be developed in consultation with interested and affected parties in
the local community, government agencies, and persons using the
airport. In accordance with 49 U.S.C. 47504, an airport operator that
submits an NEM that the FAA determined complied with statutory and
regulatory requirements, may submit for FAA approval, a noise
compatibility program (NCP) identifying measures the airport operator
has taken or proposes to take to reduce existing non-compatible land
uses and prevents the introduction of additional non-compatible uses.
    On February 10, 2023, Hawaii Department of Transportation submitted
NEMs, descriptions and other supporting documentation for Lihue Airport
for FAA's review and acceptance. An NEM must include a description of
estimated aircraft

operations during a forecast period that is at least five years in the
future and how those operations will affect the map and other
information. The specific documentation determined to constitute the
NEMs includes Exhibit NEM-1, ``2019 Existing Condition Noise Exposure
Map'' and Exhibit NEM-2 and ``2027 Forecast Noise Exposure Map'', which
addressed the current and forecast NEM graphics requirements and all
other narrative, graphic or tabular representations of the data
required by appendix A in 14 CFR part 150 and 49 U.S.C. 47503 and
47506.
    The FAA completed its review of the NEMs and supporting
documentation and determined the NEMs comply with the applicable
statutory and regulatory requirements. This determination is effective
on March 31, 2023. FAA's determinations for this NEM submitted by
Hawaii Department of Transportation is limited to a finding that the
maps were developed in accordance with 49 U.S.C. 47503 and the
procedures in appendix A of 14 CFR part 150. FAA's determination does
not constitute approval of the Hawaii Department of Transportation
data, information or plans, or constitute a commitment to approve a
noise compatibility program or to fund the implementation of that
program. If questions arise concerning the precise relationship of
specific properties to noise exposure contours depicted on an NEM it
should be noted the FAA is not involved in any way in determining the
relative locations of specific properties with regard to the depicted
noise contours, or in interpreting the NEMs to resolve questions
concerning, for example, which properties should be covered by the
provisions of 49 U.S.C. 47506. These functions are inseparable from the
land use control and planning responsibilities of local government.
These local responsibilities are not changed in any way under 14 CFR
part 150 or through FAA's review of NEMs. Therefore, the responsibility
for the detailed overlaying of noise exposure contours onto the map
depicting properties on the surface rests exclusively with the Hawaii
Department of Transportation data that submitted the NEMs or with those
public agencies and planning agencies with which consultation is
required. The FAA relied on the certification by the Hawaii Department
of Transportation this required consultation has been accomplished per
14 CFR 150.21 and 49 U.S.C. 47503.
    Copies of the full noise exposure map documentation and of the
FAA's evaluation of the maps are available for examination at the
following locations:
    Federal Aviation Administration, Honolulu Airports District Office,
300 Ala Moana Boulevard, Room 7-128, Honolulu, Hawaii, 96850.
    The Hawaii Department of Transportation has also made a hard copy
of the document available for review at:

Mr. Herman Tuiolosega, Planner, Hawaii Department of Transportation--
Airports Engineering Branch, 400 Rodgers Boulevard, 7th Floor,
Honolulu, Hawaii 96819
Mr. Craig Davis, Airport Manager, Lihue Airport, 3901 Mokulele Loop,
Lihue, Hawaii 96766

    Questions may be directed to the individual named above under the
heading FOR FURTHER INFORMATION CONTACT.

    Issued in El Segundo, California, on March 31, 2023.
Mark A. McClardy,
Director, Airports Division, Western-Pacific Region, AWP-600.
[FR Doc. 2023-07171 Filed 4-5-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 11, 2008 (Volume 73, Number 177)]
[Rules and Regulations]
[Page 52782-52784]
[DOCID:fr11se08-4]

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DEPARTMENT OF TRANSPORTATION

14 CFR Part 97

[Docket No. 30625; Amdt. No. 3285]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective September 11, 2008. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 11, 2008.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability--All SIAPs are available online free of charge. Visit
http://nfdc.faa.gov to register. Additionally, individual SIAP and
Takeoff Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    The FAA has determined that this 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 DOT
Regulatory 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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, and
Navigation (air).

    Issued in Washington, DC on August 22, 2008.
James J. Ballough,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal regulations, Part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35   [Amended]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
        FDC date                State                City                   Airport           FDC No.                        Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
07/07/08................  TX                Alice.................  Alice International...       8/1741  LOC/DME RWY 31, ORIG
07/07/08................  LA                Slidell...............  Slidell...............       8/1742  NDB RWY 36, ORIG-C
07/07/08................  LA                Baton Rouge...........  Baton Rouge Metro,           8/1743  ILS OR LOC RWY 22R, AMDT 10
                                                                     Ryan Field.
07/07/08................  KS                Norton................  Norton Muni...........       8/1896  RNAV (GPS) RWY 16, ORIG-A
07/07/08................  KS                Norton................  Norton Muni...........       8/1897  RNAV (GPS) RWY 34, ORIG
07/07/08................  OK                Norman................  University of Oklahoma       8/1898  NDB RWY 35, ORIG-A
                                                                     Westheimer.
07/07/08................  OK                Oklahoma City.........  Will Rogers World.....       8/1899  ILS OR LOC RWY 17L, AMDT 1
08/08/08................  IN                Indianapolis..........  Indianapolis Intl.....       8/1952  RNAV (RNP) Z RWY 32, ORIG
08/08/08................  NJ                Millville.............  Millville Muni........       8/2039  RNAV (GPS) RWY 14, ORIG
08/11/08................  ME                Augusta...............  Augusta State.........       8/2203  GPS RWY 17, ORIG
08/11/08................  PA                Lancaster.............  Lancaster.............       8/2231  RNAV (GPS) RWY 26, AMDT 1
08/11/08................  TN                Shelbyville...........  Bomar Field--                8/2244  RNAV (GPS) Y RWY 36, ORIG
                                                                     Shelbyville Muni.
08/12/08................  FL                Lakeland..............  Lakeland Linder              8/2395  ILS OR LOC RWY 5, AMDT 7
                                                                     Regional.
08/11/08................  MA                Westfield/Springfield.  Barnes Muni...........       8/2429  VOR OR TACAN RWY 2, AMDT 4B
08/11/08................  MA                Westfield/Springfield.  Barnes Muni...........       8/2430  GPS RWY 2, ORIG-A
08/11/08................  MA                Westfield/Springfield.  Barnes Muni...........       8/2433  VOR RWY 20, AMDT 20A
08/13/08................  NY                Ithaca................  Ithaca Tompkins              8/2877  VOR OR GPS RWY 32, AMDT 1
                                                                     Regional.
08/13/08................  NY                Ithaca................  Ithaca Tompkins              8/2878  ILS RWY 32, AMDT 5A
                                                                     Regional.
08/14/08................  ME                Belfast...............  Belfast Muni..........       8/2997  NDB RWY 15, AMDT 3
08/14/08................  TN                Tullahoma.............  Tullahoma Regional/Wm        8/3016  VOR RWY 6, ORIG
                                                                     Northern Fld.
08/14/08................  TN                Tullahoma.............  Tullahoma Regional/Wm        8/3017  VOR RWY 24, ORIG
                                                                     Northern Fld.
08/14/08................  FL                Orlando...............  Orlando Executive.....       8/3018  TAKEOFF MINIMUMS AND OBSTACLE DP, AMDT 3
08/14/08................  TN                Tullahoma.............  Tullahoma Regional/Wm        8/3019  RNAV (GPS) RWY 24, ORIG
                                                                     Northern Fld.
08/14/08................  TN                Tullahoma.............  Tullahoma Regional/Wm        8/3021  RNAV (GPS) RWY 6, ORIG
                                                                     Northern Fld.
08/14/08................  NJ                Andover...............  Aeroflex-Andover......       8/3039  RNAV (GPS) RWY 3, AMDT 1
08/14/08................  AL                Birmingham............  Birmingham Intl.......       8/3082  RNAV (GPS) RWY 6, ORIG
08/14/08................  FM                Pohnpei Island........  Pohnpei Intl..........       8/3137  NDB OR GPS-C, AMDT 3
08/14/08................  OR                Pendleton.............  Eastern Oregon Rgnl at       8/3174  VOR OR GPS RWY 7, AMDT 14B
                                                                     Pendleton.
08/20/08................  AK                Anchorage.............  Merrill Field.........       8/3297  RNAV (GPS) A, ORIG
08/15/08................  CA                Riverside.............  Riverside Muni........       8/3310  ILS OR LOC RWY 9, AMDT 7B
08/18/08................  OR                Roseburg..............  Roseburg Rgnl.........       8/3341  TAKEOFF MINIMUMS AND OBSTACLE DP, AMDT 5
08/18/08................  NH                Manchester............  Manchester............       8/3600  VOR RWY 35, AMDT 15C
08/18/08................  NH                Manchester............  Manchester............       8/3601  ILS OR LOC RWY 35, AMDT 1A; ILS RWY 35 (CAT
                                                                                II), AMDT 1A; ILS RWY 35 (CAT III), AMDT 1A
08/18/08................  PR                Isla De Vieques.......  Antonio Rivera               8/3623  RNAV (GPS) RWY 9, AMDT 1A
                                                                     Rodriguez.
08/19/08................  CA                San Diego.............  Brown Field Muni......       8/3808  TAKEOFF MINIMUMS AND OBSTACLE DP, AMDT 3
08/19/08................  WA                Spokane...............  Spokane Intl..........       8/3855  RNAV (GPS) RWY 21, ORIG-D
08/19/08................  TX                McAllen...............  McAllen Miller Intl...       8/3886  ILS RWY 13, AMDT 8B
08/19/08................  TX                McAllen...............  McAllen Miller Intl...       8/3887  VOR RWY 31, AMDT 1A
08/19/08................  IL                Chicago...............  Chicago-O'Hare Intl...       8/3930  ILS OR LOC RWY 4R, AMDT 6I
08/19/08................  IL                Chicago...............  Chicago-O'Hare Intl...       8/3931  ILS OR LOC RWY 32L, AMDT 2
08/19/08................  IL                Chicago...............  Chicago-O'Hare Intl...       8/3932  RNAV (GPS) RWY 22R, AMDT 1
08/19/08................  IL                Chicago...............  Chicago-O'Hare Intl...       8/3933  ILS OR LOC RWY 32R, AMDT 21B
08/19/08................  IL                Chicago...............  Chicago-O'Hare Intl...       8/3934  RNAV (GPS) RWY 32L, AMDT 2A
08/19/08................  IL                Chicago...............  Chicago-O'Hare Intl...       8/3936  LOC RWY 4L, AMDT 20
08/19/08................  IL                Chicago...............  Chicago-O'Hare Intl...       8/3938  RNAV (GPS) RWY 14L, AMDT 1
08/19/08................  IL                Chicago...............  Chicago-O'Hare Intl...       8/3941  ILS OR LOC RWY 22L, AMDT 4F
08/19/08................  IL                Chicago...............  Chicago-O'Hare Intl...       8/3942  RNAV (GPS) RWY 14R, AMDT 1
08/19/08................  IL                Chicago...............  Chicago-O'Hare Intl...       8/3943  RNAV (GPS) RWY 4R, ORIG-A
08/19/08................  IL                Chicago...............  Chicago-O'Hare Intl...       8/3944  ILS OR LOC RWY 22R, AMDT 7E
08/19/08................  IL                Chicago...............  Chicago-O'Hare Intl...       8/3948  RNAV (GPS) RWY 32R, AMDT 1
08/19/08................  IL                Chicago...............  Chicago-O'Hare Intl...       8/3949  RNAV (GPS) RWY 4L, AMDT 1
08/19/08................  IL                Chicago...............  Chicago-O'Hare Intl...       8/3950  RNAV (GPS) Y RWY 22L, ORIG-A

08/19/08................  IL                Chicago...............  Chicago-O'Hare Intl...       8/3952  RNAV (GPS) Z RWY 22L, ORIG
08/20/08................  IL                Chicago...............  Chicago-O'Hare Intl...       8/4091  ILS OR LOC RWY 14R, AMDT 30; ILS RWY 14R (CAT
                                                                                II), AMDT 30; ILS RWY 14R (CAT III), AMDT 30
08/20/08................  IL                Chicago...............  Chicago-O'Hare Intl...       8/4092  ILS OR LOC RWY 14L, AMDT 29
08/20/08................  MD                Salisbury.............  Salisbury-Ocean City         8/4188  ILS RWY 32, AMDT 6
                                                                     Wicomico Regional.
07/08/08................  UT                Salt Lake City........  Salt Lake City Intl...       8/4753  RNAV (GPS) RWY 17, ORIG
07/08/08................  UT                Salt Lake City........  Salt Lake City Intl...       8/4754  VOR/DME RWY 34R, AMDT 9
07/10/08................  VA                Richmond..............  Chesterfield County...       8/6327  RNAV (GPS) RWY 33, ORIG
07/24/08................  FM                Pohnpei Island........  Pohnpei Intl..........       8/9241  NDB/DME RWY 9, AMDT 4. THIS NOTAM PUBLISHED IN
                                                                                TL08-19 IS HEREBY RESCINDED IN ITS ENTIRETY
07/24/08................  FM                Pohnpei Island........  Pohnpei Intl..........       8/9246  NDB OR GPS-B, AMDT 3. THIS NOTAM PUBLISHED IN
                                                                                TL08-19 IS HEREBY RESCINDED IN ITS ENTIRETY
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[FR Doc. E8-20445 Filed 9-10-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Notices]
[Pages 74006-74010]
[FR Doc No: 2012-29904]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2012-0902; FRL-9371-9]

Polychlorinated Biphenyls (PCBs); Recycling Plastics From
Shredder Residue

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for public comment.

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SUMMARY: EPA is seeking comment on an interpretation of its regulations
currently under consideration that would generally allow for the
recycling of plastic separated from shredder residue under the
conditions described in the Voluntary Procedures for Recycling Plastics
from Shredder Residue, relying principally on the regulatory provisions
for excluded PCB products. The interpretation described in this notice
responds to questions EPA has received about the applicability of the
excluded PCB products regulations.

DATES: Comments must be received on or before January 11, 2013.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2012-0902, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave. NW., Washington, DC. ATTN:
Docket ID Number EPA-HQ-OPPT-2012-0902. The DCO is open from 8 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The telephone
number for the DCO is<PHONE_NUMBER>. Such deliveries are only accepted
during the DCO's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2012-0902. EPA's policy is that all comments received will be included
in the docket without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through regulations.gov or email. The
regulations.gov Web site is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM

you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave.
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: Peter Gimlin, National Program
Chemicals Division, Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

    This notice is directed to the public in general, and may be of
interest to a wide range of stakeholders, including private citizens,
federal, tribal, state and local governments, environmental consulting
firms, industry representatives, environmental organizations and other
public interest groups. Since others may also be interested, the Agency
has not attempted to describe all the specific entities that may have
interest in this notice. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.
    EPA is considering an interpretation of its regulations that would
generally allow for recycling of plastic separated from shredder
residue under the conditions described in the Voluntary Procedures for
Recycling Plastics from Shredder Residue (Ref. 1), relying principally
on the regulatory provision for excluded PCB products at 40 CFR part
761. In the interest of transparency, EPA is inviting the public to
provide comments as part of this process. EPA has opened the docket for
public comment for 30 days after publication in the Federal Register.
Details on how to provide comments to the docket are provided under
ADDRESSES.

II. Background

    EPA was approached by the Institute of Scrap Recycling Industries,
Inc. (ISRI), regarding separation, recycling, use, and distribution of
recycled plastics from shredder residue recovered from metals recycling
facilities (referred to by ISRI as automobile shredder residue (ASR)
aggregate). In a February 24, 2011 letter, ISRI requested ``written
confirmation that separating plastics from ASR aggregate for use and
distribution in commerce, using processes that reduce any PCBs that may
be present to a level at or below which there is no unreasonable risk,
is authorized'' under regulations promulgated pursuant to the Toxic
Substances Control Act (TSCA) (see 16 U.S.C. 2605(e)) (Ref. 2). ISRI
stated that:

    * * * analysis shows that the separation, recycling,
distribution in commerce, and reuse of plastics from shredder
aggregate is consistent with existing authorizations that allow the
use and distribution in commerce of products that contain low levels
of PCBs, including provisions for ``excluded PCB products'' and
``excluded PCB manufacturing processes'' (as defined in 40 C.F.R.
Sec.  761.3).

ISRI also stated that resolving regulatory uncertainty could lead to
investments and further development in innovative methods to separate
plastics from ASR aggregate that would produce broad environmental
benefits and increase global competitiveness (Ref. 2).
    ISRI developed a set of voluntary procedures designed to prevent
the introduction of PCBs that are regulated for disposal into recycled
plastics recovered from shredder residue generated by metal recycling
facilities. The Voluntary Procedures for Recycling Plastics from
Shredder Residue (Ref. 1) includes development and implementation of a
documented materials management system through: (1) Documented source
control programs aimed at preventing the introduction of PCBs regulated
for disposal into the shredder feedstock materials that contribute to
any shredder residue from which plastics will be recovered for
recycling; and (2) documented output control programs for facilities
processing/producing/recycling plastics from shredder residue. The
Voluntary Procedures for Recycling Plastics from Shredder Residue and
supporting materials are available at EPA-HQ-OPPT-2012-0902.
    According to ISRI, 1 to 2 million tons of plastic are generated
annually in ASR aggregate, most of which could be separated and
recycled rather than disposed using novel technologies (Ref. 3). ISRI
further delineates that the most common automotive plastic categories
are polypropylene (PP), polyethylene (PE), polyurethane (PU), and
polyvinyl chloride (PVC). ISRI also mentions acrylonitrile styrene
butadiene (ABS) and high-impact polystyrene (HIPS) as additional types
of automotive plastics found in ASR. By assuming that the 1 to 2
million tons of plastic generated from ASR annually, when characterized
by the percentage of total scrap plastics from a typical 2001 vehicle
(Ref. 4), this would imply the following total annual volumes: PP
(22.1%): 221,000-442,000 tons; PU (19.3%): 193,000-386,000 tons; nylon
(12.4%): 124,000-248,000 tons; PVC (7.9%): 79,000-158,000 tons; ABS
(7.4%): 74,000-148,000 tons; PE (4.4%): 44,000-88,000 tons;
polycarbonate (3.9%): 39,000-78,000 tons; other engineering resins,
including HIPS (10.9%): 109,000-218,000 tons; polyvinyl butyral (2.1%):
21,000-41,000 tons; other (9.8%): 98,000-196,000 tons. However, ISRI
notes that not all of these plastics are currently technically or
economically feasible for recovery. But, ISRI highlights several
plastics as likely candidates for recycling. These are PP, high-density
PE, ABS, HIPS, and PU foam. Recovery of these plastics would require
installation and operation of new or modified material separation
equipment.
    To characterize the potential benefits of recovering and recycling
plastics in ASR aggregate, ISRI commissioned a report from Nathan
Associates, Inc. (Ref. 5). This report estimates economic benefits and
environmental improvements from separating, sorting, processing, and
recycling plastics found in ASR aggregate rather than disposing this
material. In brief, the report finds that allowing plastics in ASR
aggregate to be recycled would create demand for new capital equipment
to be manufactured, installed, and operated in material separation
facilities. This would lead to increased economic

activity both directly through purchase, installation, and operation of
this equipment, as well as indirectly through increased demand for
intermediate goods and services. The report also estimates positive
environmental impacts on energy consumption, greenhouse gases, water
use, and landfill space if virgin plastics were replaced with recycled
material.
    EPA believes that recycling turns materials that would otherwise
become waste into valuable resources. Recycling includes collecting
recyclable materials that would otherwise be considered waste, sorting
and processing recyclables into raw materials such as fibers,
manufacturing raw materials into new products, and purchasing recycled
products. Collecting and processing secondary materials, manufacturing
recycled-content products, and then buying recycled products creates a
circle or loop that ensures the overall success and value of recycling.
Ultimately, recycling can generate a host of financial, environmental,
and social returns. Some of these benefits accrue locally as well as
globally. Examples of the general benefits of recycling include
protecting and expanding U.S. manufacturing jobs and increasing U.S.
competitiveness; reducing the need for landfilling and incineration;
preventing pollution caused by the manufacturing of products from
virgin materials; saving energy; decreasing emissions of greenhouse
gases that contribute to global climate change; conserving natural
resources such as timber, water, and minerals; and helping sustain the
environment for future generations.
    With respect to recycling by the automotive industry overall,
research on improvements in automotive design and construction has been
conducted in order to facilitate the recycling of automotive materials/
components. The recycling of automotive steel has proven to be
economically advantageous, so that wholesale automotive recycling is
now widespread. Since a large volume of wastage is also generated,
industry is interested in reusing as much automotive plastic as may be
environmentally and economically feasible (Ref. 6).
    Increases in the recycling of plastics from ASR aggregate may also
offer some benefits beyond that of other forms of plastics recycling.
For instance, because substantial automotive recycling systems are
already in place for the primary purpose of recovering steel, large
quantities of ASR aggregate are already being simultaneously collected.
Such available quantities of ASR aggregate may then be further
separated and processed as necessary for purposes of reuse. Also, any
potential expansion of ASR aggregate recycling capabilities could
potentially generate excess capacity and/or technological advancements
for use in the recycling of non-automotive products of a similar
nature, such as large appliances for example.
    Such dynamics demonstrate the potential for creating a broad range
of direct and indirect benefits that may be directly attributed to
improved procedures and reduced regulatory barriers associated with the
recycling of plastics in ASR aggregate. Any stimulation of the market
for ASR aggregate may thereby help to not only protect and expand U.S.
manufacturing jobs, but also foster new technologies and products while
increasing U.S. competitiveness.
    While EPA agrees that recycling plastics from ASR aggregate could
have net economic benefits and positive environmental impacts, EPA has
not conducted an independent estimate of the precise magnitude or
timing of these benefits and impacts. Therefore, EPA is not in a
position to assess the underlying assumptions, or the savings per ton
and multipliers, used in the benefit estimates from the Nathan
Associates, Inc. report commissioned by ISRI. EPA notes that the report
does not address the extent to which economic activity associated with
the recycling of plastics from ASR aggregate would displace current
economic activity associated with disposal of these plastics or the
manufacturing of virgin materials. Nor does it address the timing of
potential investments in new equipment. Additionally, the report relies
on assumptions supported by limited data on plastic volumes,
recoverability, environmental impacts, and market prices. EPA is
interested in the public views on factors that may affect the
direction, magnitude, and timing of benefits, costs, and environmental
impacts associated with recycling plastics found in ASR aggregate
rather than disposing of this material.
    As expressed in the Pollution Prevention Act of 1990, 42 U.S.C.
13101 et seq., and the Agency's pollution prevention policies, EPA
generally prefers recycling to disposal of materials within the waste
management hierarchy. This general preference is a factor EPA has
considered here. Plastics recovered from ASR aggregate could be
incorporated into a wide variety of consumer products such as
appliances, house wares, office goods, electronics, and carpeting.
Plastics from ASR aggregate could also be returned in a closed loop to
the automotive market. Although some of the same categories of plastics
recovered from ASR aggregate are also used in certain food contact and
medical applications, these recycled plastics are not expected to make
large inroads into demand for virgin materials for these applications
due to the voluntary procedures described in this notice. These
procedures require plastic recyclers to include contractual provisions
in sales contracts expressly stating that plastics containing recycled
material separated from ASR aggregate may contain PCBs, and therefore
the recycled plastics may be unsuitable for many products that
currently use virgin plastic, such as products that involve oral
contact.

III. Summary of Approach

    The interpretation under consideration would generally allow for
the recycling of plastic separated from shredder residue under the
conditions described in the Voluntary Procedures for Recycling Plastics
from Shredder Residue (Ref. 1), relying principally on the regulatory
provisions for excluded PCB products.
    TSCA section 6(e) generally prohibits the manufacture, processing,
distribution in commerce and use of PCBs. However, EPA has by
regulation excluded certain materials, including excluded PCB products,
from these prohibitions. Excluded PCB products are defined as follows:

    Excluded PCB products means PCB materials which appear at
concentrations less than 50 ppm, including but not limited to:
    (1) Non-Aroclor inadvertently generated PCBs as a byproduct or
impurity resulting from a chemical manufacturing process.
    (2) Products contaminated with Aroclor or other PCB materials
from historic PCB uses (investment casting waxes are one example).
    (3) Recycled fluids and/or equipment contaminated during use
involving the products described in paragraphs (1) and (2) of this
definition (heat transfer and hydraulic fluids and equipment and
other electrical equipment components and fluids are examples).
    (4) Used oils, provided that in the cases of paragraphs (1)
through (4) of this definition:
    (i) The products or source of the products containing < 50 ppm
concentration PCBs were legally manufactured, processed, distributed
in commerce, or used before October 1, 1984.
    (ii) The products or source of the products containing < 50 ppm
concentrations PCBs were legally manufactured, processed,
distributed in commerce, or used, i.e., pursuant to authority
granted by EPA regulation, by exemption petition, by settlement
agreement, or pursuant to other Agency-approved programs;
    (iii) The resulting PCB concentration (i.e. below 50 ppm) is not
a result of dilution, or leaks and spills of PCBs in concentrations
over 50 ppm. 40 CFR 761.3.

    EPA regulations allow the use, processing, and distribution in
commerce of excluded PCB products. 40 CFR 761.20(a) and (c). Except as
otherwise specifically provided, the regulations do not restrict the
forms of use, processing and distribution that are allowed. EPA
specifically identified, as one likely source of PCBs in excluded PCB
products, ``contamination during recycling activities involving''
historic PCBs. 52 FR 25838, 25844 (July 8, 1987). EPA believes that it
is reasonable to interpret the regulations as generally allowing the
recycling of excluded PCB products. Accordingly, under the
interpretation discussed in this notice, to the extent that the
feedstock (scrap materials) to a shredder consists of these kinds of
materials, the plastics separated from the resulting residue could be
recycled (and the resulting recycled product would also be an excluded
PCB product that could be processed, used and distributed in commerce,
including being further recycled), provided the PCB concentration in
any resulting product is below 50 ppm.
    Typically, the burden of demonstrating that a regulatory exclusion
applies rests with the party seeking that exclusion. EPA believes that,
for shredders and their suppliers that follow the Voluntary Procedures
document, it is appropriate to generally treat the feedstock as
consisting of excluded PCB products unless there is information
specifically indicating that the feedstock does not qualify. If
shredders and suppliers do not follow the voluntary procedures, they
will need to be able to otherwise demonstrate that the feedstock and
residue meet the exclusion. Clearly if the feedstock materials or
residue contain PCBs at concentrations = 50 ppm, the
materials cannot qualify as excluded PCB products.
    EPA acknowledges uncertainty as to the source of the PCBs in
shredder residue. However, EPA believes the procedures, as explained in
the Voluntary Procedures document, can prevent the introduction of PCBs
at levels = 50 ppm. EPA may periodically evaluate the
processes and procedures involved in recycling plastics recovered from
shredder residue. In addition, EPA believes it is likely that the
number of potential sources of PCBs at levels = 50 ppm has
declined since the TSCA section 6(e) prohibitions went into effect. If
PCBs in the feedstock material are < 50 ppm, it is plausible that the
sources of PCBs in the residue are excluded PCB products. The
information available to EPA indicates that the PCBs found associated
with plastics separated from residue are Aroclor PCBs. Aroclors were
intentionally manufactured PCB mixtures, not inadvertently generated
PCBs. Since PCBs in general and Aroclors more specifically have not
been intentionally produced in the U.S. since the prohibitions in TSCA
section 6(e) became effective, the Aroclor identity of the PCBs found
associated with plastics separated from shredder residue suggests that
they were manufactured prior to 1984.
    In promulgating the excluded PCB product rule, EPA described the
provision as follows:

    EPA is adopting the generic 50 ppm exclusion for the processing,
distribution in commerce, and use, based on the Agency's
determination that the use, processing, and distribution in commerce
of products with less than 50 ppm PCB concentration will not
generally present an unreasonable risk of injury to health or the
environment. EPA could not possibly identify and assess the
potential exposures from all the products which may be contaminated
with PCBs at less than 50 ppm. * * * EPA has concluded that the
costs associated with the strict prohibition on PCB activities are
large and outweigh the risks posed by these activities. 53 FR 24210
(June 27, 1988).

    EPA has further stated, with respect to the excluded PCB products
rule: ``These amendments have excluded the majority of low-level PCB
activities (less than 50 ppm) from regulation'' (Ref. 7). Given the
difficulty of determining the precise source of PCBs, EPA believes the
purpose of excluding ``old'' PCBs under the excluded products rule is
best effectuated in these circumstances by treating < 50 ppm materials
entering a shredder as excluded PCB products unless there is
information specifically indicating that the materials do not qualify.
    EPA's regulations provide another potentially relevant exclusion
from regulation for PCBs that result from an excluded manufacturing
process. 40 CFR 761.3. EPA believes that this interpretation would also
support recycling plastics if PCBs produced by an excluded
manufacturing process are present in shredder feedstock. However, based
on examination of data provided by ISRI in a ``Summary of Analysis Done
on Plastics Recovered from Shredder Aggregate'' (Ref. 8), for four
types of plastic recovered from shredder residue (i.e., ABS, HIPS, PP,
HDPE (high density polyethylene)), EPA believes it is less likely that
the PCBs that have been found associated with these plastics separated
from shredder residue resulted from excluded manufacturing processes,
because, among other things, EPA has not received notification from
manufacturers required for these processes under 40 CFR 761.185.
    EPA requests comment on the regulatory interpretation described
above. EPA will accept comments for 30 days after date of publication
in the Federal Register. If adopted, the interpretation would not be a
legislative rule because it would not impose any binding requirements
on either EPA or the regulated community. EPA is requesting comment on
the approach because EPA is interested in the views of stakeholders on
the approach, not because EPA intends to establish binding
requirements.

IV. References

    As indicated under ADDRESSES, a docket has been established for
this notice under docket ID number EPA-HQ-OPPT-2012-0902. The following
is a listing of the documents that are specifically referenced in this
action. The docket includes these documents and other information
considered by EPA, including documents that are referenced within the
documents that are included in the docket, even if the referenced
document is not physically located in the docket. For assistance in
locating these other documents, please consult the person listed under
FOR FURTHER INFORMATION CONTACT.

    1. ISRI. Voluntary Procedures for Recycling Plastics from
Shredder Residue, October 24, 2012.
    2. ISRI. Letter from Robin K. Weiner to Steve Owens, February
24, 2011.
    3. ISRI. Letter Re: Docket ID No. EPA-HQ-OPPT-2009-0757--Advance
Notice Of Proposed Rulemaking, Polychlorinated Biphenyls (PCBs);
Reassessment of Use Authorizations, August 20, 2010.
    4. American Chemistry Council. Chemistry and Light Vehicles,
August 2012, available at http://www.plastics-car.com/lightvehiclereport.
    5. Nathan Associates, Inc. Economic Impacts and Environmental
Benefits of Separating, Sorting, Processing, and Recycling Plastics
in the Automobile and Appliance Shredder Aggregate, December 21,
2010.
    6. Argonne National Laboratory. Recycling End-of-Life Vehicles
of the Future, December 1, 2009, available at http://www.ipd.anl.gov/anlpubs/2010/01/65969.pdf.
    7. EPA. PCB Q & A Manual: An EPA TSCA assistance document
designed to provide the regulated community with Agency
interpretations to frequently posed questions, 1994, available at
http://www.epa.gov/osw/hazard/tsd/pcbs/pubs/manual.pdf.
    8. ISRI. Summary of Analysis Done on Plastics Recovered from
Shredder Aggregate, Late 2010/Early 2011.

List of Subjects

    Environmental protection, Hazardous substance, PCBs, Plastic,
Polychlorinated biphenyls, Recycling, Shredder residue.

    Dated: November 29, 2012.
Louise P. Wise,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2012-29904 Filed 12-11-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 15, 2006 (Volume 71, Number 50)]
[Notices]
[Page 13372]
[DOCID:fr15mr06-86]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-258-000]

Panhandle Eastern Pipe Line Company, LP; Notice of Tariff Filing

March 8, 2006.
    Take notice that on February 28, 2006, Panhandle Eastern Pipe Line
Company, LP (Panhandle) tendered for filing as part of its FERC Gas
Tariff, Third Revised Volume No. 1, the revised tariff sheets listed on
Appendix A attached to the filing, to become effective April 1, 2006.
    Panhandle states that the purpose of this filing is to update the
fuel reimbursement percentages proposed to be effective April 1, 2006.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-3681 Filed 3-14-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 53 (Friday, March 18, 2011)]
[Notices]
[Page 15046]
[FR Doc No: 2011-6184]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Applications for
Modification of Special Permit

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for modification of special permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the applications described herein. This
notice is abbreviated to expedite docketing and public notice. Because
the sections affected, modes of transportation, and the nature of
application have been shown in earlier Federal Register publications,
they are not repeated here. Requests for modification of special
permits (e.g. to provide for additional hazardous materials, packaging
design changes, additional mode of transportation, etc.) are described
in footnotes to the application number. Application numbers with the
suffix ``M'' denote a modification request. These applications have
been separated from the new application for special permits to
facilitate processing.

DATES: Comments must be received on or before April 4, 2011.
    Address Comments to: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue, Southeast, Washington DC or at http://regulations.gov.
    This notice of receipt of applications for modification of special
permit is published in accordance with part 107 of the Federal
hazardous materials transportation law (49 U.S.C. 5 117(b); 49 CFR
1.53(b)).

    Issued in Washington, DC on March 10, 2011.
Donald Burger,
Chief, Special Permits and Approvals Branch.

----------------------------------------------------------------------------------------------------------------
                                                                   Regulation(s)       Nature of special permit
    Application No.       Docket No.          Applicant               affected                  thereof
----------------------------------------------------------------------------------------------------------------
                                          MODIFICATION SPECIAL PERMITS
----------------------------------------------------------------------------------------------------------------
7765-M................  ..............  Carleton               49 CFR 173.302(a)(4);  To modify the special
                                         Technologies, Inc.,    175.3.                 permit to authorize a new
                                         Orchard Park, NY.                             pressure vessel for use
                                                                                as part of a missile gas
                                                                                storage system.
11911-M...............  ..............  Transfer Flow, Inc.,   49 CFR 178.700 thru    To modify the special
                                         Chico, CA.             178.819.               permit to authorize new
                                                                                part numbers; to add
                                                                                several new refueling
                                                                                systems; to add two new
                                                                                fuel caps; and to add
                                                                                several new fuel tanks to
                                                                                the special permit.
13199-M...............  ..............  Carrier Corporation,   49 CFR 173.302         To modify the special
                                         Jamesbug, NJ.          (c);173.306(e)(1).     permit to authorize a
                                                                                broader range for the
                                                                                amount of refrigerant
                                                                                gas.
13997-M...............  ..............  Maritime Helicopters,  49 CFR 172.101(9b);    To modify the special
                                         Homer, AK.             172.302(c).            permit to authorize the
                                                                                transportation in
                                                                                commerce of Class I
                                                                                explosives by helicopter
                                                                                sling load.
14966-M...............  ..............  Vulcore Industrial     49 CFR 173.302 and     To modify the special
                                         LLC, Fort Wayne, IN.   180.205.               permit to authorize a
                                                                                change in mating sealing
                                                                                surface configuration
                                                                                design.
15118-M...............  ..............  Mystery Creek          49 CFR 172.101 Column  To reissue the special
                                         Resources Inc.,        (9B).                  permit originally issued
                                         McGrath, AK.                                  as an emergency as a
                                                                                permanent special permit.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2011-6184 Filed 3-17-11; 8:45 am]
BILLING CODE 4909-60-M


[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Notices]
[Page 54889]
[FR Doc No: 2013-21668]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13519-003]

Lock+ Hydro Friends Fund XIX, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On April 2, 2013, Lock+ Hydro Friends Fund XIX, LLC filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of a
hydropower project to be located at the U.S. Army Corps of Engineers'
(Corps) Claiborne Lock & Dam on the Alabama River near the town of
Monroeville in Monroe County, Alabama. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed project would consist of the following: (1) A concrete
lined intake channel with a trash rack system; (2) a 166.5-foot-long,
165.2-foot-wide powerhouse containing two generating units with a total
capacity of 22 megawatts; (3) a 250-foot-long, 165-foot-wide tailrace;
(4) a 13.8/115 kilo-Volt (kV) substation; and (5) a 5.5-mile-long, 69kV
transmission line. The proposed project would have an average annual
generation of 145,850 megawatt-hours, and operate as directed by the
Corps.
    Applicant Contact: Mr. Wayne Krouse, Lock+ Hydro Friends Fund, LLC,
4900 Woodway, Suite 745 Houston, TX 77056; Phone:<PHONE_NUMBER> ext.
709
    FERC Contact: Christiane Casey<EMAIL_ADDRESS>(202)
502-8577.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and five copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13519) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: August 29, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-21668 Filed 9-5-13; 8:45 am]
BILLING CODE 6717-01-P


 [Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)] [Rules and Regulations] [Page 65289] [FR Doc No: C1-2016-21338]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2012-0918; FRL-9951-91-OAR]

Air Quality Designations for the 2012 Primary Annual Fine  Particle (PM2.5) National Ambient Air Quality Standard  (NAAQS) for Areas in Georgia and Florida

Correction

    In rule document 2016-21338 beginning on page 61136 in the issue of  Tuesday, September 6, 2016, make the following correction:

Sec.  83.311  [Amended]

0 On page 61141, in Sec.  81.311, in the table, in the third column, the  sixth entry should read ``Unclassifiable/Attainment''.

[FR Doc. C1-2016-21338 Filed 9-21-16; 8:45 am]  BILLING CODE 1505-01-D


[Federal Register: January 14, 2010 (Volume 75, Number 9)]
[Rules and Regulations]
[Page 2062-2064]
[DOCID:fr14ja10-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0657; Directorate Identifier 2009-NM-048-AD;
Amendment 39-16175; AD 2010-02-04]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 737-600, -700,
-700C, -800, -900, and -900ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes.
This AD requires replacing the engine fuel shutoff valves for the left
and right main tanks. This AD results from a report of a failed engine
start, which was caused by an internally fractured engine fuel shutoff
valve. We are issuing this AD to prevent the failure of the valve in
the closed position, open position, or partially open position, which
could result in engine fuel flow problems and possible uncontrolled
fuel leak or fire.

DATES: This AD is effective February 18, 2010.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of February 18,
2010.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 (telephone<PHONE_NUMBER>) is the Document 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: Samuel Spitzer, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6510; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Model 737-600, -700, -700C, -800, -900, and -900ER series
airplanes. That NPRM was published in the Federal Register on July 29,
2009

(74 FR 37657). That NPRM proposed to require replacing the engine fuel
shutoff valves for the left and right main tanks.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the commenters.

Support for the NPRM

    Boeing concurs with the contents of the NPRM. Continental Airlines
has no technical objections to the NPRM.

Request To Clarify Use of Valve Bodies

    Continental Airlines states that the NPRM affects the engine fuel
shutoff valves, and paragraph (i) of the NPRM prohibits installing any
valve with ITT Aerospace Controls part number 125334D-1 (Boeing part
number S343T003-40) that has been removed from the spar location on any
airplane in any location unless it has been modified in accordance with
Boeing Service Bulletin 737-28-1272, dated October 31, 2008, to the new
ITT 125334D-2 part number (Boeing part number S343T003-67).
    We infer that Continental Airlines asks that we clarify whether the
removed valve can be reused on airplanes in any location. We agree to
provide clarification. These valves may not be used in any location on
the airplane unless they have been modified in accordance with Boeing
Service Bulletin 737-28-1272, dated October 31, 2008, to the new ITT
125334D-2 part number (Boeing part number S343T003-67). We have not
changed the AD in this regard.

Request To Increase the Cost of Compliance

    Air Transport Association (ATA), on behalf of its member American
Airlines, requests that we increase the costs of compliance to reflect
34 work-hours instead of 26 work-hours. ATA states that the ITT
Aerospace Controls service bulletin includes 4 hours for each engine
fuel spar valve body. Each Boeing Model 737-600, -700, -700C, -800, -
900, and -900ER series airplane has 2 valve bodies in the engine fuel
shutoff valve position.
    We disagree with the request to increase the cost of compliance.
Boeing Service Bulletin 737-28-1272, dated October 31, 2008, provides
the option to return the valve to the supplier for modification, and
therefore, the actions identified by the commenter are not mandatory.
Because the additional costs cited by the ATA are optional to
operators, we do not consider those costs in our determination of the
cost of compliance. We have not changed the AD in this regard.

Request To Extend the Compliance Time

    ATA, on behalf of its member American Airlines, requests that we
extend the compliance time from 60 months to 72 months after the
effective date of the AD. The commenter states that maintenance
schedules may not allow for accomplishment of the required actions on
all affected aircraft within the compliance time, depending on the
effective date of the AD.
    We disagree with the request to extend the compliance time. The 60-
month compliance time was established to maintain an acceptable level
of safety across the 737 fleet in consideration of the valve failure
rate, consequence of the failure, and practicality of incorporating the
corrective actions. The commenter has not offered rationale for
extending the compliance time. In developing an appropriate compliance
time for this action, we considered the urgency associated with the
subject unsafe condition, the availability of required parts, and the
practical aspect of accomplishing the required modification within a
period of time that corresponds to the normal scheduled maintenance for
most affected operators. According to the manufacturer, an ample number
of required parts will be available to modify the U.S. fleet within the
proposed compliance time. However, according to the provisions of
paragraph (j) of the final rule, we may approve requests to adjust the
compliance time if the request includes data that prove the new
compliance time would provide an acceptable level of safety. We have
not changed the AD in this regard.

Explanation of Changes Made to This AD

    We have revised this AD to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.

Conclusion

    We have carefully reviewed the available data, including the
comments that have been received, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 883 airplanes of U.S. registry. We
also estimate that it takes 26 work-hours per product to comply with
this AD. The average labor rate is $80 per work-hour. Required parts
cost up to $8,496 per product. Based on these figures, we estimate the
cost of this AD to the U.S. operators to be up to $9,338,608, or
$10,576 per product.

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), and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2010-02-04 The Boeing Company: Amendment 39-16175. Docket No. FAA-
2009-0657; Directorate Identifier 2009-NM-048-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective February 18,
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any
category; as identified in Boeing Service Bulletin 737-28-1272,
dated October 31, 2008.

Subject

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

Unsafe Condition

    (e) This AD requires replacing engine fuel shutoff valves for
the left and right main tanks. This AD results from a report of a
failed engine start, which was caused by an internally fractured
engine fuel shutoff valve. We are issuing this AD to prevent the
failure of the valve in the closed position, open position, or
partially open position, which could result in engine fuel flow
problems and possible uncontrolled fuel leak or fire.

Compliance

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

Replacement of the Engine Fuel Spar Valve Body of the Left and Right
Wing Main Tanks

    (g) Within 60 months after the effective date of this AD:
Replace the engine fuel spar valve bodies of the left and right wing
main tanks in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 737-28-1272, dated October 31, 2008.

    Note 1: Boeing Service Bulletin 737-28-1272, dated October 31,
2008, refers to ITT Aerospace Controls Service Bulletin 125334D-28-
02, dated August 27, 2008, as an additional source of guidance for
modifying the valve body assembly.

Parts Installation

    (h) As of the effective date of this AD, no person may install
any engine fuel shutoff valve with ITT Aerospace Controls part
number 125334D-1 (Boeing part number S343T003-40) on any airplane at
the spar valve location. A valve that has been modified in
accordance with Boeing Service Bulletin 737-28-1272, dated October
31, 2008, to the new ITT 125334D-2 part number (Boeing part number
S343T003-67) may be installed at the spar valve location.
    (i) As of the effective date of this AD, no valve with ITT
Aerospace Controls part number 125334D-1 (Boeing part number
S343T003-40) that has been removed from the spar location may be
reinstalled on any airplane in any location unless it has been
modified in accordance with Boeing Service Bulletin 737-28-1272,
dated October 31, 2008, to the new ITT 125334D-2 part number (Boeing
part number S343T003-67).

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Samuel Spitzer, Aerospace Engineer, Propulsion Branch, ANM-140S,
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax (425)
917-6590. Or, e-mail information to 9-ANM-Seattle-ACO-AMOC-
<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (k) You must use Boeing Service Bulletin 737-28-1272, dated
October 31, 2008, to do the actions required by this AD, unless the
AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the 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/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on December 30, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-398 Filed 1-13-10; 8:45 am]
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[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Rules and Regulations]
[Pages 31450-31451]
[FR Doc No: 2018-14399]

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

Federal Aviation Administration

14 CFR Parts 1, 21, 25, 26, 27, 34, 43, 45, 60, 61, 63, 65, 91, 97,
107, 110, 119, 121, 125, 129, 133, 135, 137, 141, 142, 145, and 183

[Docket No.: FAA-2018-0119; Amdt Nos. 1-72, 21-101, 25-145, 26-7, 27-
49, 34-6, 43-50, 45-31, 60-5, 61-141, 63-40, 65-57A, 91-350, 97-1338,
107-2, 110-2, 119-19, 121-380, 125-68, 129-53, 133-16, 135-139, 137-17,
141-19, 142-10, 145-32, 183-17]
RIN 2120-AL05

Aviation Safety Organization Changes; Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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SUMMARY: The FAA is correcting a final rule published on March 5, 2018.
In that rule, the FAA replaced specific references to offices within
the Aircraft Certification Service and the Flight Standards Service
with generic references not dependent on any particular office
structure. The FAA incorrectly assigned amendment number 65-56 to this
rule. The correct amendment number is 65-57A and this action fixes this
error.

DATES: Effective July 6, 2018.

FOR FURTHER INFORMATION CONTACT: For questions concerning AIR offices
referred to in this action, contact Suzanne Masterson, Transport
Standards Branch (AIR-670), Policy and Innovation Division, Aircraft
Certification Service, Federal Aviation Administration, 2200 South
216th St, Des Moines, WA 98189; telephone<PHONE_NUMBER> or (425) 227-
1855; email [email protected].
    For questions concerning AFS offices referred to in this action,
contact Joseph Hemler, Commercial Operations Branch (AFS-820), Flight
Standards Service, Federal Aviation Administration, 55 M Street SE, 8th
floor, Washington, DC 20003-3522; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On March 5, 2018, the FAA published a final rule entitled,
``Aviation Safety Organization Changes'' (83 FR 9162). In that final
rule, the FAA replaced specific references to Aircraft Certification
Service (AIR) and Flight Standards Service (AFS) offices with generic
references not dependent on any particular office structure. This rule
did not impose any new obligations and the

intent was to eliminate any confusion about with whom regulated
entities and other persons should interact when complying with these
various rules.
    In that document, the FAA assigned amendment number 65-56 to the
rule. However, the FAA previously assigned that amendment number to a
final rule that published on December 16, 2014, entitled ``Elimination
of the air traffic control tower operator certificate for controllers
who hold a federal aviation administration credential with a tower
rating on'' (79 FR 74607). The correct amendment number should have
been 65-57A, and this action fixes that error.

Correction

    1. On page 9162, in the first column, in the heading under the
docket number correct ``65-56'' to read ``65-57A''.

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC, on June 27, 2018.
Dale Bouffiou,
Deputy Executive Director, Office of Rulemaking.
[FR Doc. 2018-14399 Filed 7-5-18; 8:45 am]
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[Federal Register: December 22, 2005 (Volume 70, Number 245)]
[Notices]
[Page 76094-76095]
[DOCID:fr22de05-106]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52958; File No. SR-NYSE-2005-73]

Self-Regulatory Organizations; New York Stock Exchange, Inc.,
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change to Rule 600, Relating To Arbitration

 December 15, 2005.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Exchange Act'' or ``Act''),\2\ and Rule 19b-4 thereunder,\3\
notice is hereby given that on October 20, 2005, the New York Stock
Exchange, Inc. (``NYSE'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') the proposed amendments to its
arbitration rules as described in Items I and II below, which items
have been prepared by the NYSE. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons and is approving the proposal on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The proposed rule change consists of the rescission of Exchange
Rule 600(g), a pilot rule relating to the waiver of the California
Ethics Standards for Neutral Arbitrators in Contractual Arbitrations.

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 NYSE included statements
concerning the purpose of and basis for the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The NYSE 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
    On July 1, 2002, the Exchange suspended the appointment of
arbitrators for cases pending in California as a result of the
purported application of the Ethics Standards for Neutral Arbitrators
in Contractual Arbitrations (the ``California Standards'') to Exchange
arbitrations and arbitrators. The Exchange proposed Rule 600(g) in
response to the purported imposition of California state law on
arbitrations conducted under the auspices of the Exchange and pursuant
to a set of nationally-applied rules approved by the Commission.\4\
Under Rule 600(g), the Exchange implemented a pilot rule whereby
parties to an arbitration could in certain circumstances request that a
hearing be held outside California or waive application of the
California Standards and hold the hearing in California. The Exchange
and NASD Dispute Resolution, Inc. (``NASD Dispute Resolution'') became
involved in a number of legal actions challenging the California
Standards. On March 1, 2005, the United States Court of Appeals for the
Ninth Circuit issued a decision in Credit Suisse First Boston Corp. v
Grunwald \5\ in which it held that the provisions of the Act preempt
application of the California Standards to NASD Dispute Resolution
arbitrations. On May 23, 2005, the Supreme Court of California issued a
decision in Jevne v. The Superior Court of Los Angeles County\6\ in
which it also held that the provisions of the Act preempt application
of the California Standards to NASD Dispute Resolution arbitrations.
Accordingly, the Exchange believes that it can once again appoint
arbitrators and hold hearings in California without requiring a waiver
of the California Standards.
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    \4\ See Exchange Act Release No. 46816 (November 12, 2002); 67
FR 69793 (November 19, 2002) (SR-NYSE-2002-56).
    \5\ 400 F.3d 1119 (9th Cir. 2005).
    \6\ S121532 (35 Cal. 4th 935) (CA Sup. Ct. May 23, 2005).
---------------------------------------------------------------------------

    The proposed rule change is intended to rescind Rule 600(g), which
expired on September 30, 2005, as it is no longer necessary, in light
of the court decisions referenced above.
2. Statutory Basis
    The NYSE believes that the proposed rule change is consistent with
Section 6(b) \7\ of the Act in general and section 6(b)(5) of the Act
\8\ in particular in that it promotes just and equitable principles of
trade by ensuring that members and member organizations and the public
have a fair and impartial forum for the resolution of their disputes.
---------------------------------------------------------------------------

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

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

    The NYSE does not believe that the proposed rule change will impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    The NYSE has neither solicited nor received written comments on the
proposed rule change.

III. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    The Commission has determined to approve the proposed rule change
on an accelerated basis, thereby permitting the Exchange to rescind
Rule 600(g) promptly.\9\ The Commission finds that the proposed rule
change is consistent with the requirements of section 6(b) \10\ of the
Act in general and section 6(b)(5) of the Act \11\ in particular.
Specifically,

the Commission believes that permitting the Exchange to rescind Rule
600(g) will alleviate any confusion by California claimants as to
whether the California Standards are applicable to their claims. The
Commission finds good cause for approving the proposed rule change
prior to the thirtieth day after the date of publication of the notice
thereof in the Federal Register. Although California claimants are no
longer required to waive the California Standards, Rule 600(g) might
lead California claimants to believe that the California Standards
conflict with the NASD Code of Arbitration. Accordingly, the Commission
believes that it is consistent with sections 6(b)(5) \12\ and 19(b)(2)
\13\ of the Act to approve the proposed rule change on an accelerated
basis.
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    \9\ The Exchange requested accelerated approval of the proposed
rule change. Conversation between Daniel Beyda, Chief Administrative
Officer of NYSE Arbitration, NYSE, and Elizabeth MacDonald, Special
Counsel, Division of Market Regulation, on December 15, 2005.
    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5). In approving this proposed rule
change, the Commission notes that it has considered the proposed
rule's impact on efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 15 U.S.C. 78s(b)(2).
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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 e-mail to<EMAIL_ADDRESS>Please include File

Number SR-NYSE-2005-73 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.

All submissions should refer to File Number SR-NYSE-2005-73. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the NYSE. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSE-2005-73 and should be submitted on or before
January 12, 2006.

V. Conclusion

    It is Therefore Ordered, pursuant to section 19(b)(2) of the Act
\14\ that the proposed rule change (SR-NYSE-2005-73) be, and hereby is,
approved.
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    \14\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
 [FR Doc. E5-7674 Filed 12-21-05; 8:45 am]

BILLING CODE 8010-01-P