[Federal Register: April 7, 2009 (Volume 74, Number 65)]
[Proposed Rules]
[Page 15681-15683]
[DOCID:fr07ap09-11]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0314; Directorate Identifier 2008-NM-196-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 767-200, -300, -300F, and
-400ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Boeing Model 767-200, -300, -300F, and -400ER series airplanes.
This proposed AD would require an inspection to determine if certain
motor operated valve actuators for the fuel tanks are installed, and
related investigative and corrective actions if necessary. This
proposed AD results from fuel system reviews conducted by the
manufacturer. We are proposing this AD to prevent an ignition source
inside the fuel tanks, which, in combination with flammable fuel
vapors, could result in a fuel tank explosion and consequent loss of
the airplane.

DATES: We must receive comments on this proposed AD by May 22, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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. You may review copies of the
referenced 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
425-227-1152.

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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Douglas Bryant, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6505; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0314;
Directorate Identifier 2008-NM-196-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and

new maintenance requirements, this rule included Special Federal
Aviation Regulation No. 88 (``SFAR 88,'' Amendment 21-78, and
subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
    We have determined that the actions identified in this AD are
necessary to reduce the potential for ignition sources inside fuel
tanks caused by latent failures, alterations, repairs, or maintenance
actions, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
    Boeing has found that, under specific conditions, it is possible
for electrical current to flow through certain motor operated valve
(MOV) actuators into the fuel tank. Boeing has developed a new valve
actuator to replace those actuators. The new MOV actuator includes an
internal electrical isolator to give the MOV actuator protection
against electrical energy from lightning, hot shorts, and internal
shorts. The new MOV actuator will prevent the flow of an electrical
current into the fuel tank, which, in combination with flammable fuel
vapors, could result in a fuel tank explosion and consequent loss of
the airplane.

Related Rulemaking

    On May 8, 2008, we issued AD 2008-11-01, amendment 39-15523 (73 FR
29414, May 21, 2008), for certain Boeing Model 767-200, -300, -300F,
and -400ER series airplanes. That AD requires revising the FAA-approved
maintenance program to incorporate new airworthiness limitations (AWLs)
for fuel tank systems to satisfy SFAR 88 requirements. That AD also
requires the initial inspection of certain repetitive AWL inspections
to phase in those inspections, and repair if necessary. That AD
resulted from a design review of the fuel tank systems. We issued that
AD to prevent the potential for ignition sources inside fuel tanks
caused by latent failures, alterations, repairs, or maintenance
actions, which, in combination with flammable fuel vapors, could result
in fuel tank explosion and consequent loss of the airplane.
    The version of the Maintenance Planning Data (MPD) Document
(described below) that is required by AD 2008-11-01 and referenced in
this proposed AD has not been changed and includes the AWLs for this
proposed AD.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 767-28A0090, dated
July 3, 2008. The service bulletin describes procedures for inspecting
to determine the part number (P/N) of MOV actuators for the main and
center fuel tanks. The service bulletin specifies that no more work is
necessary if the part number is acceptable.
    If the part number is not acceptable, the service bulletin
specifies related investigative and corrective actions as follows:
     Replacing the MOV actuator with a new actuator having P/N
MA30A1001.
     Doing an electrical resistance check; and, if the
resistance is not acceptable, reworking the faying bond and airplane
parts (including the index plate and adapter plate, as applicable).
     For any new part installed at the dual forward/aft engine
fuel crossfeed location, inspecting for the ``SWEENEY ENGR CORP''
marking on the adaptor plate, and installing a shim kit as applicable.
     For airplanes that have a deflector kit installed at the
left and right engine fuel shutoff MOV actuator location, installing a
new wire support assembly on the deflector to prevent part
interference.
    Boeing Alert Service Bulletin 767-28A0090, dated July 3, 2008, also
cites Section 9 of the Boeing 767 MPD Document, D622T001-9.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the(se) same type
design(s). This proposed AD would require accomplishing the actions
specified in the service information described previously, except as
discussed under ``Differences Between the Proposed AD and the Service
Bulletin.''

Differences Between the Proposed AD and the Service Bulletin

    Although Boeing Alert Service Bulletin 767-28A0090, dated July 3,
2008 (``the service bulletin''), refers to Section 9 of the Boeing 767
Maintenance Planning Data (MPD) Document, D622T001-9, this proposed AD
would not require revising the FAA-approved maintenance program to
incorporate the new airworthiness limitations (AWLs) in Revision April
2008 of that document. We require that action in AD 2008-11-01.
    The service bulletin also specifies replacing any MOV actuator
having part number MA20A1001-1 with a new MOV actuator having P/N
MA30A1001; however, this proposed AD would include other acceptable
replacement part numbers. Other approved part numbers that are
interchangeable with P/N MA30A1001 are as follows:
     MA20A2027 (S343T003-56)
     MA11A1265-1 (S343T003-41)
     AV-31-1 (S343T003-111)

Costs of Compliance

    We estimate that this proposed AD would affect 397 airplanes of
U.S. registry. We also estimate that it would take about 1 work-hour
per product to comply with this proposed AD. The average labor rate is
$80 per work-hour. Required parts would cost about $80 per product.
Based on these figures, we estimate the cost of this proposed AD to the
U.S. operators to be $63,520, or $160 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

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

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

Boeing: Docket No. FAA-2009-0314; Directorate Identifier 2008-NM-
196-AD.

Comments Due Date

    (a) We must receive comments by May 22, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, -300F, and -
400ER series airplanes, certificated in any category; as identified
in Boeing Alert Service Bulletin 767-28A0090, dated July 3, 2008.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent an ignition source
inside the fuel tanks, which, in combination with flammable fuel
vapors, could result in a fuel tank explosion and consequent loss of
the airplane.

Compliance

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

Subject

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

Inspection and Related Investigative/Corrective Actions

    (g) Within 60 months after the effective date of this AD, do the
actions in paragraphs (g)(1) and (g)(2) of this AD.
    (1) Inspect the motor operated valves (MOVs) in the main and
center fuel tanks to determine if any MOV having part number (P/N)
MA20A1001-1 is installed, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 767-28A0090, dated
July 3, 2008. A review of airplane maintenance records is acceptable
in lieu of this inspection if the part number can be conclusively
determined from that review.
    (2) Do all applicable related investigative and corrective
actions specified in and in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 767-28A0090, dated
July 3, 2008, except as provided by paragraph (h) of this AD.

Alternative Part Numbers

    (h) Where Boeing Alert Service Bulletin 767-28A0090, dated July
3, 2008, specifies replacing any actuator having P/N MA20A1001-1
with a new actuator having P/N MA30A1001, a new or serviceable
actuator having any of the following part numbers is also acceptable
as a replacement part: MA20A2027 (S343T003-56); MA11A1265-1
(S343T003-41); or AV-31-1 (S343T003-111).

Alternative Methods of Compliance (AMOCs)

    (i)(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. Send information to
ATTN: Douglas Bryant, 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.
    (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.

    Issued in Renton, Washington, on March 30, 2009.
Steve Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-7805 Filed 4-6-09; 8:45 am]

BILLING CODE 4910-13-P


? Need to return call by / at/ between and . Signature: Project No.: 0<IP_ADDRESS>   DISTRIBUTION Page ___ of _

Project Name: 304( m)

TELEPHONE CALL RECORD Outgoing Call Date: 5/ 25/ 05 Time: 2.45 p. m.

Company Name: Dow Chemical Company Freeport, TX 77541 Contact Name: Douglas J. Sturgis Phone No.: ( 979) 238 1842 Name: Audrey Kasenge Eastern Research Group GENERAL SUBJECT : Dow Chemical Freeport, TX Picloram Releases TOPICS DISCUSSED AND ACTION TAKEN I called Mr. Douglas Sturgis on May 16, 2005 and asked him whether he could confirm that the picloram discharges reported to TRI in 2000 and 2002 were indeed 150,000 and 239,991 pounds, respectively. I also asked Mr. Sturgis whether the Freeport plant manufactures picloram and what the source of the picloram in the wastewater is and how the pounds of picloram reported are estimated. Mr. Sturgis said he would get back to me in a day. I placed a follow up call to Mr. Sturgis on May 20, 2005, and he promised to have the information to me early the next week.

Mr. Sturgis returned my call on May 20, 2005. He said that he could only confirm that the pounds reported to TRI in 2000 and 2002 are correct. For the rest of the information, I would have to send a letter to the Dow Freeport plant public affairs contact. The contact information is:

David Winder Public Affairs Department 2301 Brazosport Blvd Bldg APB, Room 3046 Freeport, TX 77541 3257 Phone: ( 979) 238 3792 Email: dwinder@ dow. com A draft letter to be sent to Dow Freeport, TX was forwarded to EPA's Jan Matuszko on June 9, 2005 ( attached).

Attachments The letter to Dow Freeport, TX containing the questions regarding picloram discharges ( Dow Freeport TX Letter. wpd)


[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Proposed Rules]
[Pages 58414-58416]
[FR Doc No: 2016-20137]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-8835; Airspace Docket No. 16-ASW-14]

Proposed Amendment of Class E Airspace for the Paragould, AR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Class E airspace extending
upward from 700 feet above the surface at Kirk Field, Paragould, AR.
Decommissioning of the non-directional radio beacons (NDB),
cancellation of NDB approaches, and implementation of area navigation
(RNAV) procedures have made this action necessary for the safety and
management of Instrument Flight Rules (IFR) operations at the airport.

DATES: Comments must be received on or before October 11, 2016.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone
(202) 366-9826, or 1-800-647-5527. You must identify FAA Docket No.
FAA-2016-8835; Airspace Docket No. 16-ASW-14, at the beginning of your

comments. You may also submit comments through 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 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays.
    FAA Order 7400.9Z, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.9Z at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace at Kirk Field, Paragould, AR.

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-2016-8835/
Airspace Docket No. 16-ASW-14.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of 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.regulations.gov.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.9Z, Airspace
Designations and Reporting Points, dated August 6, 2015, and effective
September 15, 2015. FAA Order 7400.9Z is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.9Z lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class E airspace extending
upward from 700 feet above the surface within a 6.5-mile radius
(increased from the 6.4-mile radius) of Kirk Field, Paragould, AR, with
an extension south of the airport from the 6.5-mile radius 10.1 miles.
Airspace reconfiguration is necessary due to the decommissioning of the
NDB, cancellation of NDB approach, and implementation of RNAV
procedures at the airport. Controlled airspace is necessary for the
safety and management of the standard instrument approach procedures
for IFR operations at the airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9Z, dated August 6, 2015, and effective September 15,
2015, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    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, is
non-controversial and unlikely to result in adverse or negative
comments. 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, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015, and
effective September 15, 2015, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth

* * * * *

ASW AR E5 Paragould, AR [Amended]

Kirk Field, AR
    (Lat. 36[deg]03'50'' N., long. 90[deg]30'33'' W.)
Jonesboro VOR
    (Lat. 35[deg]52'30'' N., long. 90[deg]35'19'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Kirk Field, and within 3 miles each side
of the 019[deg] radial from the Jonesboro VOR extending from the
6.5-mile radius to 10.1 miles south of the airport.

    Issued in Fort Worth, Texas, on August 15, 2016.
Christopher Southerland,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-20137 Filed 8-24-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Notices]
[Page 32357]
[FR Doc No: 2017-14656]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4428-010]

Notice of Intent To File License Application, Filing of Pre-
Application Document, Approving Use of the Traditional Licensing
Process: Walden Hydro, LLC

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 4428-010.
    c. Date Filed: May 31, 2017.
    d. Submitted By: Walden Hydro, LLC.
    e. Name of Project: Walden Hydroelectric Project.
    f. Location: On the Wallkill River, in Orange County, New York. No
federal lands are occupied by the project works or located within the
project boundary.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Kevin Webb, Enel Green Power North
America, Inc., 100 Brickstone Square, Suite 300, Andover, MA 01810;
(978) 935-6039<EMAIL_ADDRESS>    i. FERC Contact: Jody Callihan at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. Walden Hydro, LLC filed its request to use the Traditional
Licensing Process on May 31, 2017, and provided public notice of its
request on June 6, 2017. In a letter dated July 6, 2017, the Director
of the Division of Hydropower Licensing approved Walden Hydro, LLC's
request to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and NOAA Fisheries under section 7
of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, Part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the New York State Historic Preservation Officer, as
required by section 106, National Historic Preservation Act, and the
implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Walden Hydro, LLC as the
Commission's non-federal representative for carrying out informal
consultation pursuant to section 7 of the Endangered Species Act and
section 305(b) of the Magnuson-Stevens Fishery Conservation and
Management Act; and consultation pursuant to section 106 of the
National Historic Preservation Act.
    m. Walden Hydro, LLC filed a Pre-Application Document (PAD;
including a proposed process plan and schedule) with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(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, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    o. The licensee states its unequivocal intent to submit an
application for a new license for Project No. 4428. Pursuant to 18 CFR
16.8, 16.9, and 16.10 each application for a new license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by May 31,
2020.
    p. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: July 6, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-14656 Filed 7-12-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Pages 9811-9814]
[FR Doc No: 2013-03121]

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

Coast Guard

33 CFR Part 110

[Docket No. USCG-2012-0159]
RIN 1625-AA01

Anchorages; Captain of the Port Puget Sound Zone, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This rule modifies the description of four general anchorages
in Puget Sound and decreases the size of five general anchorage areas.
These administrative changes clarify for the public the boundaries and
requirements of anchorages. This ensures good order and predictability
within the anchorages of the Captain of the Port (COTP) Puget Sound
zone.

DATES: This rule is effective March 14, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0159]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Mark Ashley, Director Vessel Traffic Service Puget
Sound, Waterways Management Division, Sector Puget Sound, Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule modifies the description of four
general anchorages in Puget Sound, decreases the size of five general
anchorage areas, incorporates 33 CFR 110.229 into 33 CFR 110.230, and
renames 33 CFR 110.230.

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard published a notice of proposed rulemaking (NPRM) on
October 2, 2012, in the Federal Register (77 FR 60081). The Coast Guard
received no public comments in the

docket and no requests for public meetings.

B. Basis and Purpose

    The legal basis for this rule is: 33 U.S.C. 471, 1221 through 1236,
2030, 2035, 2071; 33 CFR 1.05-1; and Department of Homeland Security
Delegation No. 0170.1, which collectively authorize the Coast Guard to
define anchorage grounds. The 1976 Puget Sound Area Anchorages
rulemaking defined 11 general and explosive anchorages within the
greater Puget Sound area. These areas are described using geographic
points of land and bearings and ranges as the boundaries. This rule
updates existing anchorage descriptions using points of latitude and
longitude, which, with the advent of Global Positioning System (GPS),
is more practical and accurate. Also, changes to shore side
infrastructure, safety and security zones, and environmentally
sensitive areas made some anchorage boundaries impractical. This rule
remedies such impracticalities by reducing the size of specified
anchorages.

C. Discussion of Comments and Changes and the Final Rule

    The Coast Guard received no comments in the docket for this
rulemaking. We made only one change to the regulation as originally
proposed, which was to replace certain text in the Commencement Bay
General Anchorage with geographic coordinates. Specifically, we
replaced the phrase ``to a point bearing 286[deg]T from Hylebos
Waterway Light 1 at a distance of 450 yards'' with the coordinates
``latitude 47[deg]17'18.36'' N, longitude 122[deg]25'04.45'' W.'' These
are two equivalent ways to discuss the same location. This change is a
non-substantive substitution that does not change the size or shape of
the anchorage.
    Other than the change above, the Coast Guard made no changes to the
proposals discussed in the NPRM. This rule adopts them as proposed.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those orders. We do not expect this
rule to have significant impact because it is administrative in nature
and would not alter current navigational practices on the affected
waterway.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
    This rule would affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
this portion of Puget Sound, the Strait of Juan de Fuca, and adjoining
waters. Because the changes are only administrative in nature, and will
not alter current navigational practices on the affected waterway, the
rule will not have significant economic impact on a substantial number
of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If this rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule does not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of

Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves administrative changes to an anchorage
regulation. This rule is categorically excluded from further review
under paragraph 34(f) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 110

    Anchorage Grounds.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority:  33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.

Sec.  110.229  [Removed]

0
2. Remove Sec.  110.229.
0
3. In Sec.  110.230, revise the section heading and paragraph (a) to
read as follows:

Sec.  110.230  Anchorages, Captain of the Port Puget Sound Zone, WA.

    (a) Anchorage grounds. All coordinates are expressed in North
American Datum 1983.
    (1) Freshwater Bay Emergency Anchorage. All waters of Freshwater
Bay and adjacent waters shoreward of a line beginning at Observatory
Point, latitude 48[deg]09'03'' N, longitude 123[deg]38'12'' W; thence
000[deg]T to latitude 48[deg]09'36'' N, longitude 123[deg]38'12'' W;
thence 090[deg]T to latitude 48[deg]09'36'' N, longitude
123[deg]33'27'' W; thence 180[deg]T ending at Angeles Point, latitude
48[deg]09'00'' N, longitude 123[deg]33'27'' W.
    (i) This anchorage may only be assigned to vessels experiencing an
emergency that requires anchoring. Vessel emergencies include equipment
failures, cargo securing, etc. Vessels requiring a customs inspection
will not be allowed to anchor in this area.
    (ii) [Reserved.]
    (2) Bellingham Bay Anchorages--(i) General Anchorage. The waters of
Bellingham Bay within a circular area with a radius of 2,000 yards,
having its center at latitude 48[deg]44'14.39'', longitude
122[deg]32'26.62''.
    (ii) Explosives Anchorage. The waters of Bellingham Bay within a
circular area with a radius of 1,000 yards, having its center at
latitude 48[deg]42'47.39'', longitude 122[deg]33'41.62''.
    (3) Port Townsend Anchorages. (i) Fair weather explosives anchorage
area. A circular area having a radius of 300 yards, whose center is at
latitude 48[deg]06'25.30'', longitude 122[deg]43'50.60''.
    (ii) Foul weather explosives anchorage area. A circular area having
a radius of 300 yards, whose center is at latitude 48[deg]04'4.33'',
longitude 122[deg]44'56.60''.
    (4) Holmes Harbor General Anchorage. All waters of Holmes Harbor
lying south of a line between latitude 48[deg]05'50'' N, longitude
122[deg]31'24'' W; thence 311[deg]T to latitude 48[deg]07'03'' N,
longitude 122[deg]33'31'' W.
    (5) Port Gardner General Anchorage. All waters in a quadrilateral
area bounded as follows: Beginning at latitude 47[deg] 58'57'' N,
longitude 122[deg]14'05'' W; thence 302[deg]T to latitude
47[deg]59'21.5'' N, longitude 122[deg]15'02'' W; thence 229[deg]T to
latitude 47[deg]58'57'' N, longitude 122[deg]15'44'' W; thence
122[deg]T to latitude 47[deg]58'32.5'' N, longitude 122[deg]14'47'' W;
thence 048[deg]T to point of origin.
    (6) Thorndike Bay Emergency Explosives Anchorage. All waters in a
quadrilateral area bounded as follows: Beginning at latitude
47[deg]47'59'' N, longitude 122[deg]43'30'' W; thence 270[deg]T to
latitude 47[deg]47'59'' N, longitude 122[deg]44'30'' W; thence
180[deg]T to latitude 47[deg]47'30'' N, longitude 122[deg]44'30'' W;
thence 090[deg]T to latitude 47[deg]7'30'' N, longitude 122[deg]43'30''
W, thence 000[deg]T to point of origin.
    (7) Elliott Bay Anchorages--(i) Smith Cove West General Anchorage.
All waters inside the area beginning at latitude 47[deg]38'20.44'' N,
longitude 122[deg]24'48.56'' W; thence 207T to latitude
47[deg]37'51.6'' N, longitude 122[deg]25'10.5'' W; thence 124[deg]T to
latitude 47[deg]36'56.2'' N, longitude 122[deg]23'07'' W; thence
000[deg]T to latitude 47[deg]37'59.5'' N, longitude 122[deg]23'07'' W;
thence northwest along the shoreline to the point of origin.
    (ii) Smith Cove East General Anchorage. All waters inside the area
beginning at latitude 47[deg]37'36.2'' N, longitude 122[deg]22'43'' W;
thence 180[deg]T to latitude 47[deg]36'56.2'' N, longitude
122[deg]22'43'' W; thence 090[deg]T to latitude 47[deg]36'56.2'' N,
longitude 122[deg]21'22.5'' W, thence northwest along the shoreline to
the point of origin.
    (iii) Elliott Bay East General Anchorage. All waters inside the
area beginning at latitude 47[deg]35'25.8'' N, longitude
122[deg]20'45.5'' W; thence 000[deg]T to latitude 47[deg]35'55.85'' N,
longitude 122[deg]20'45.5'' W; thence 270[deg]T to latitude
47[deg]35'55.85'' N, longitude 122[deg]21'30'' W; thence 180[deg]T to
latitude 47[deg]35'19.2'' N, longitude 122[deg]21'30'' W; thence east
along the shoreline to the point of origin.
    (iv) Elliott Bay West General Anchorage. All waters inside the area
beginning at latitude 47[deg]35'30'' N, longitude 122[deg]21'41'' W,
thence 000[deg]T to latitude 47[deg]35'45.5'' N, longitude
122[deg]21'41'' W; thence 336[deg]T to latitude 47[deg]35'55.85'' N,
longitude 122[deg]21'48.5'' W; thence 270[deg]T to latitude
47[deg]35'55.85'' N, longitude 122[deg]23'16.46'' W, thence 180[deg]T
to Duwamish Head thence southeast following the shoreline to latitude
47[deg]35'30'' N, longitude 122[deg]22'54.5'' W; thence 090[deg]T to
the point of origin.
    (8) Yukon Harbor General Anchorage. All waters inside the area
beginning at latitude 47[deg]33'54.66'' N, longitude

122[deg]31'54.68'' W; thence 106[deg]T to latitude 47[deg]33'23'' N,
longitude 122[deg]29'05'' W; thence 180[deg]T to latitude
47[deg]32'39.5'' N, longitude 122[deg]29'05'' W; thence south along the
eastern shoreline of Blake Island to latitude 47[deg]31'48'' N,
longitude 122[deg]29'21'' W; thence 250[deg]T to latitude
47[deg]31'20.5'' N, longitude 122[deg]31'10'' W; thence west and north
along the Kitsap Peninsula shoreline to the point of origin.
    (9) Cherry Point General Anchorage. The waters within a circular
area with a radius of 1600 yards, having its center at latitude
48[deg]48'29.39'' N, longitude 122[deg]46'04.66'' W.
    (10) Anacortes General Anchorages. (i) Anacortes East (ANE)
Anchorage. The waters within a circular area with a radius of 600
yards, having its center at 48[deg]31'27'' N., 122[deg]33'45'' W.
    (ii) Anacortes Center (ANC) Anchorage. The waters within a circular
area with a radius of 600 yards, having its center at 48[deg]30'54'' N,
122[deg]34'06'' W.
    (iii) Anacortes West (ANW) Anchorage. The waters within a circular
area with a radius of 600 yards, having its center at 48[deg]31'09'' N,
122[deg]34'55'' W.
    (11) Cap Sante Tug and Barge General Anchorage. The Cap Sante Tug
and Barge General Anchorage includes all waters enclosed by a line
connecting the following points: 48[deg]31'16'' N, 122[deg]36'00'' W,
which is approximately the northeast tip of Cap Sante; then southeast
to 48[deg]30'53'' N, 122[deg]35'28'' W; then west southwest to
48[deg]30'45'' N, 122[deg]35'52'' W, approximately the south tip of Cap
Sante; then north along the shoreline to the point of origin.
    (12) Hat Island Tug and Barge General Anchorage. The Hat Island Tug
and Barge General Anchorage includes all waters enclosed by a line
connecting the following points: 48[deg]31'19'' N, 122[deg]33'04'' W,
near the west side of Hat Island; then southwest to 48[deg]30'37'' N,
122[deg]33'38'' W; then east to 48[deg]30'37'' N, 122[deg]32'00'' W;
then northwest to the point of origin.
    (13) Commencement Bay General Anchorage. A quadrilateral area
bounded as follows: Beginning at latitude 47[deg]17'36.36'' N,
longitude 122[deg]26'04.45'' W; thence due south to latitude
47[deg]17'18.36'' N, longitude 122[deg]26'04.45'' W; thence due east to
latitude 47[deg] 17'18.36'' N, longitude 122[deg]25'04.45'' W; thence
due north to latitude 47[deg]17'32.36'' N, longitude 122[deg]25'04.45''
W; thence west northwest to the point of origin.
    (14) Non-anchorage area Port Angeles Harbor. Beginning at a point
on the shore at latitude 48[deg]07'03.83'' N, longitude
123[deg]24'20.67'' W; thence to latitude 48[deg]07'38.43'' N, longitude
123[deg]24'04.67'' W; thence to latitude 48[deg]07'36.03'' N, longitude
123[deg]23'50.67'' W; thence to a point on the shoreline at latitude
48[deg]06'56.73'' N, longitude 123[deg]24'08.67'' W.
    (i) No vessel may anchor in this non-anchorage area at any time.
    (ii) Dragging, seining, fishing, or other activities which may foul
underwater installations within this non-anchorage area are prohibited.
    (iii) Vessels may transit this non-anchorage area, but must proceed
by the most direct route and without unnecessary delay.

    Note to paragraph (a)(14): The city of Port Angeles will mark
this area with signs on the shoreline visible (during normal
daylight) 1 mile to seaward reading, ``Do not Anchor in This Area.''

* * * * *

    Dated: January 12, 2013.
K.A. Taylor,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2013-03121 Filed 2-11-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Pages 74186-74188]
[FR Doc No: 2015-30074]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76488; File No. SR-C2-2015-032]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to the Technical Disconnect Mechanism

November 20, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 9, 2015, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Rule 6.48 related to the Exchange's
Technical Disconnect Mechanism. The text of the proposed rule change is
provided below. (additions are italicized; deletions are [bracketed])

C2 Options Exchange, Incorporated

Rules

* * * * *
Rule 6.48. Technical Disconnect
    (a) When a CBOE Application Server (``CAS'') loses communication
with a Client Application such that a CAS does not receive an
appropriate response to a Heartbeat Request within ``x'' period of
time, the Technical Disconnect Mechanism will automatically logoff the
Permit Holder's affected Client Application and [, if applicable, will]
automatically cancel all the Permit Holder's Market-Maker quotes, if
applicable, and open orders with a time-in-force of ``day'' (``day
orders''), if the Permit Holder enables that optional service, posted
through the affected Client Application. The following describes how
the Technical Disconnect Mechanism works for each of the Exchange's
application programming interfaces (``APIs''):
    (i) CBOE Market Interface 2.0 (``CMi 2'') API. A CAS shall generate
a Heartbeat Request to a Client Application (i) after the CAS does not
receive any messages from a particular Client Application for ``n''
period of time or (ii) after every ``n'' period of time. A Permit
Holder shall determine the value of ``n.'' In no event shall ``n'' be
less than three (3) seconds or exceed twenty (20) seconds. If a CAS
generates a Heartbeat Request only after it does not receive any
messages from a particular Client Application for ``n'' period of time,
the value of ``x'' shall be set at a half (.5) second. If a CAS
generates a Heartbeat Request every ``n'' period of time, the value of
``x'' shall be equal to the value of ``n.''
    (ii) Financial Information eXchange (``FIX'') Protocol API. A CAS
shall generate a Heartbeat Message to a Client Application after the
CAS does not receive any messages from a particular Client Application
for ``n'' period of time. If the CAS does not receive a response to the
Heartbeat Message from the Client Application for ``n'' period of time,
the CAS shall generate a Heartbeat Request to the Client Application. A
Permit Holder shall determine the value of ``n'' at logon. In no event
shall ``n'' be less than five (5) seconds. The value of ``x'' shall be
equal to the value of ``n.''
    (b) The Technical Disconnect Mechanism is enabled for all Permit
Holders and may not be disabled by Permit Holders, except the automatic
cancellation of a Permit Holder's day orders is an optional service
that the Permit Holder may enable or disable through the API.
    (c) The trigger of the Technical Disconnect Mechanism is event- and
Client Application- specific. The automatic cancellation of a Market-
Maker's quotes (if applicable) or a Permit Holder's day orders (if
enabled by the Permit Holder) entered into a CAS via a particular
Client Application will neither impact nor determine the treatment of
the quotes of the same or other Market-Makers or orders of the same
Permit Holder entered into the CAS via a separate and distinct Client
Application. Except for day orders the Technical Disconnect Mechanism
automatically cancels if a Permit Holder enables that optional service,
[T]the Technical Disconnect Mechanism will not impact or determine the
treatment of orders a Permit Holder previously entered into the CAS.
    . . . Interpretations and Policies:
    .01 No change.
* * * * *
    The text of the proposed rule change is also available on the
Exchange's Web site (http://www.c2exchange.com/Legal/), at the
Exchange's Office of the Secretary, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 6.48 related to the Exchange's
Technical Disconnect Mechanism. Rule 6.48(a) provides that when a CBOE

Application Server (``CAS'') \3\ loses communication with a Client
Application \4\ such that a CAS does not receive an appropriate
response to a Heartbeat Request \5\ within ``x'' period of time, the
Technical Disconnect Mechanism will automatically logoff the Permit
Holder's affected Client Application. If that occurs, the current rule
provides that the Technical Disconnect Mechanism, if applicable, will
automatically cancel all the Permit Holder's Market-Maker quotes posted
through the affected Client Application.\6\ The Technical Disconnect
Mechanism is intended to help mitigate the potential risks associated
with a loss of communication with a Client Application, such as
erroneous or unintended executions for stale quotes that are resting in
the C2 book. This mechanism serves to assist a Permit Holder when a
technical or system issue occurs, as well as assist the Exchange in
maintaining a fair and orderly market.
---------------------------------------------------------------------------

    \3\ C2 currently has numerous CASs serving Permit Holders.
    \4\ For relevant purposes, a ``Client Application'' is the
system component, such as a C2-supported workstation or a Permit
Holder's custom trading application, through which a Permit Holder
communicates its quotes and/or orders to a CAS. Messages are passed
between a Client Application and a CAS. A Market-Maker may send
quotes to the Exchange from one or more Client Applications, and a
Permit Holder may send orders to the Exchange from one or more
Client Applications.
    \5\ A ``Heartbeat Request'' refers to a message from a CAS to a
Client Application to check connectivity and which requires a
response from the Client Application in order to avoid logoff. The
Heartbeat Request acts as a virtual pulse between a CAS and a Client
Application and allows a CAS to continually monitor its connection
with a Client Application. Failure to receive a response to a
Heartbeat Request within the Heartbeat Response Time is indicative
of a technical or system issue.
    \6\ See Rule 6.48 and Securities Exchange Act Release No. 34-
70112 (August 5, 2013), 78 FR 48738 (August 9, 2013) (SR-C2-2013-
029) for further information regarding the Technical Disconnect
Mechanism.
---------------------------------------------------------------------------

    The proposed rule change provides Permit Holders with an optional
service that, if enabled by a Permit Holder, will cause the Technical
Disconnect Mechanism to also automatically cancel all the Permit
Holder's open orders with a time-in-force of ``day'' (``day orders'')
posted through the affected Client Application if the CAS loses
communication with the Client Application. The proposed rule change
amends Rule 6.48(b) to provide that the Permit Holder may enable or
disable this optional service through its application programming
interface (``API'') (all other aspects of the Technical Disconnect
Mechanism continue to otherwise be enabled for all Permit Holders and
may not be disabled by Permit Holders).\7\ The proposed rule change
makes corresponding changes to Rule 6.48(c) that indicate the Technical
Disconnect Mechanism will automatically cancel a Permit Holder's day
orders (in addition to a Market-Maker's quotes), if the Permit Holder
enables the proposed optional service.\8\ As is the case in the event
the Technical Disconnect Mechanism automatically logs a Permit Holder
off and cancels its Market-Maker quotes (if applicable), if a Permit
Holder enables this proposed optional service, and the Technical
Disconnect Mechanism automatically logs a Permit Holder off and cancels
the Permit Holder's day orders due to lost communication with Permit
Holder's Client Application, the Permit Holder may send messages to the
CAS to enter new orders once it reestablishes connectivity to the
Client Application. In addition, any nonconnectivity will continue to
be event- and Client Application-specific. In other words, any
cancellation of day orders entered into a CAS via a particular Client
Application will neither impact nor determine the treatment of the
quotes of the same Permit Holder entered into a CAS via a separate and
distinct Client Application. The Technical Disconnect Mechanism will
not impact or determine the treatment of orders previously entered into
a CAS if the Permit Holder does not enable this optional service, nor
will it impact or determine the treatment of non-day orders previously
entered into a CAS by the Permit Holder. The Exchange notes use of this
service will be voluntary and within the sole discretion of each Permit
Holder.
---------------------------------------------------------------------------

    \7\ C2 currently makes available two APIs: CBOE Market Interface
2.0 (``CMi 2'') and Financial Information eXchange Protocol
(``FIX'').
    \8\ In addition, the proposed rule change makes nonsubstantive
changes to Rule 6.48 including moving the phrase ``if applicable''
to ensure that phrase clearly applies to the cancellation of a
Market-Maker's quotes (as that functionality only applies to Permit
Holders that are Market-Makers).
---------------------------------------------------------------------------

    The proposed optional service is an additional preventative risk
control measure that C2 is making available to Permit Holders. It is
intended to help further mitigate the potential risks associated with a
loss of communication with a Client Application. While orders may be
static in nature and rest in the book, Permit Holders often enter day
orders more frequently in response to then-current market conditions.
Therefore, if a Permit Holder's Client Application is disconnected for
any period of time, it is possible that market conditions upon which it
based its day orders may change during that time and make those orders
stale. Consequently, any resulting executions of those orders may be
erroneous or unintended. The Exchange believes it is appropriate to
limit this optional service to day orders and exclude good-til-
cancelled orders,\9\ as those orders are intended to rest in the book
for a period of time and thus have lower risk of erroneous or
unintended executions during and after the Technical Disconnect
Mechanism logs off a Permit Holder.
---------------------------------------------------------------------------

    \9\ Currently, the Exchange offers two time-in-force order
types: day and good-til-cancelled. The proposed optional service
will apply to orders that include the ``day'' marking.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\10\ Specifically, the Exchange believes the proposed rule change
is consistent with the Section 6(b)(5) \11\ requirements that the rules
of an exchange be designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \12\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ Id.
---------------------------------------------------------------------------

    In particular, the proposed rule change helps maintain a fair and
orderly market and protects investors and the public interest. The
Technical Disconnect Mechanism is a valuable tool that is designed to
help maintain a fair and orderly market. The Exchange believes that
providing Permit Holders with the option to have the Technical
Disconnect Mechanism cancel its day orders, in addition to Market-Maker
quotes (if applicable), further mitigates the potential risks
associated with a loss in communication with a Client Application. The
Exchange believes it is reasonable to offer to cancel only day orders.
Unlike non-day orders, day orders are more likely to be reflective of
then-current market conditions and are intended to rest in the book for
a limited period of time. As a result, in the event

that a CAS loses connectivity with a Client Application, execution of
day orders during that time are more likely to result in erroneous or
unintended executions, while risk of such executions is lower for non-
day orders. The proposed optional service protects Permit Holders from
these potential erroneous or unintended executions, as well as protects
investors and the efficiency and fairness of the markets in general.
The Exchange believes this functionality enhances the overall market
quality for options traded on C2. The Exchange notes that other
exchanges offer their members similar services that cancels a member's
orders if it disconnects from the exchange.\13\
---------------------------------------------------------------------------

    \13\ See, e.g., BZX Exchange US Equities FIX Specification,
Version 1.33.5 (October 8, 2014), available at http://www.batstrading.com/resources/membership/BATS_FIX_Specification.pdf
(see Section 5.1 for description of automatic cancel on
disconnection or malfunction); MIAX Options Market Protections
Handout (March 2015), available at https://www.miaxoptions.com/sites/default/files/MIAX_Market_Protections_March_2015.pdf (see page
5 for description of auto cancel on disconnect order protection);
and NYSE UTPDirect (CGC Binary) API Specification, V1.4 (February
26, 2015), available at https://www.nyse.com/publicdocs/nyse/markets/nyse/NYSEUTPDirect_Specification.pdf (see Section 3.8 for
description of cancel on disconnect service).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed rule change is
designed to not permit unfair discrimination among market participants.
Use of the optional service will be voluntary and within the sole
discretion of each Permit Holder. The proposed optional service is
available to all Permit Holders and will apply to the same order types
of all Permit Holders.

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

    C2 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. Specifically, the Exchange does
not believe the proposed rule change will cause any burden on
intramarket competition because the optional service will be available
to all Permit Holders. Use of this optional service will be within the
sole discretion of each Permit Holder. The proposed rule change will
have no impact on Permit Holders that do not enable the proposed
optional service. For Permit Holders that elect to enable the proposed
optional service, the only impact on those Permit Holders will be
cancellation of day orders (in addition to Market-Maker quotes) upon
loss of connectivity. The Technical Disconnect Mechanism will otherwise
continue to function in the same manner as it does today. Further, the
Exchange does not believe that such change will impose any burden on
intermarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change
modifies a mechanism available on C2's system and applies only to
orders entered on C2. The Exchange notes that, should the proposed
change make C2 a more attractive place for trading, market participants
trading on other exchanges are welcome to become Permit Holders and
trade at C2 if they determine that this proposed change has made C2
more attractive or favorable. Additionally, as discussed above, other
options exchanges offer their members similar functionality.\14\
---------------------------------------------------------------------------

    \14\ Id.
---------------------------------------------------------------------------

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \15\ and paragraph (f) of Rule 19b-4\16\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2015-032 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-C2-2015-032. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-C2-2015-032 and should be
submitted on or before December 18, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-30074 Filed 11-25-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Notices]
[Pages 19334-19335]
[FR Doc No: 2013-07321]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 17Ad-10, SEC File No. 270-265, OMB Control No. 3235-0273.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 17Ad-10, (17 CFR
240.17Ad-10), under the Securities Exchange Act of 1934 (15 U.S.C. 78a
et seq.). The Commission plans to submit this existing collection of
information to the Office of Management and Budget (``OMB'') for
extension and approval.
    Rule 17Ad-10 generally requires registered transfer agents to: (1)
Create and maintain current and accurate securityholder records; (2)
promptly and accurately record all transfers, purchases, redemptions,
and issuances, and notify their appropriate regulatory agency if they
are unable to do so; (3) exercise diligent and continuous attention in
resolving record inaccuracies; (4) disclose to the issuers for whom
they perform transfer agent functions and to their appropriate
regulatory agency information regarding record inaccuracies; (5) buy-in
certain record inaccuracies that result in a physical over issuance of
securities; and (6) communicate with other transfer agents related to
the same issuer. These requirements assist in the creation and
maintenance of accurate securityholder records, enhance the ability to
research errors, and ensure the transfer agent is aware of the number
of securities that are properly authorized by the issuer, thereby
avoiding over issuance.
    The rule also has specific recordkeeping requirements. It requires
registered transfer agents to retain certificate detail that has been
deleted for six years and keep current an accurate record of the number
of shares or principal dollar amount of debt securities that the issuer
has authorized to be outstanding. These mandatory requirements ensure
accurate securityholder records and assist the Commission and other
regulatory agencies with monitoring transfer agents and ensuring
compliance with the rule. This rule does not involve the collection of
confidential information.
    There are approximately 464 registered transfer agents. We estimate
that the average number of hours necessary for each transfer agent to
comply with Rule 17Ad-10 is approximately 80 hours per year, which
generates an industry-wide annual burden of 37,120 hours (464 times 80
hours). This burden is of a recordkeeping nature but also includes a
small amount of third party disclosure and SEC reporting burdens. At an
average staff cost of $50 per hour, the industry-wide internal labor
cost of compliance (a monetization of the burden hours) is
approximately $1,856,000 per year (37,120 x $50). In addition, we
estimate that each transfer agent will incur an annual external cost
burden of $18,000 resulting from the collection of information.
Therefore, the total annual external cost on the entire transfer agent
industry is approximately $8,352,000 ($18,000 times 464). This cost
primarily reflects ongoing computer operations and maintenance
associated with generating, maintaining, and disclosing or providing
certain information required by the rule.
    The amount of time any particular transfer agent will devote to
Rule 17Ad-10 compliance will vary according to the size and scope of
the transfer agent's business activity. We note, however, that at least
some of the records, processes, and communications required by Rule
17Ad-10 would likely be maintained, generated, and used for transfer
agent business purposes even without the rule.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper

performance of the functions of the Commission, including whether the
information shall have practical utility; (b) the accuracy of the
Commission's estimates of the burden of the proposed collection of
information; (c) ways to enhance the quality, utility, and clarity of
the information collected; and (d) ways to minimize the burden of the
collection of information on respondents, including through the use of
automated collection techniques or other forms of information
technology. Consideration will be given to comments and suggestions
submitted in writing within 60 days of this publication.
    The Commission may not conduct or sponsor a collection of
information unless it displays a currently valid OMB control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display a
valid OMB control number.
    Please direct your written comments to: Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, Virginia 22312 or
send an email to<EMAIL_ADDRESS>
    Dated: March 25, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-07321 Filed 3-28-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Page 70124]
[FR Doc No: 2021-26644]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2021-0762; FRL-9153-02-OLEM]

Draft EPA Strategy To Reduce Lead Exposures and Disparities in
U.S. Communities; Comment Request; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Public notification; correction.

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

SUMMARY: The Environmental Protection Agency (EPA), published a
document in the Federal Register of October 28, 2021, notifying the
public about the opportunity to provide comment on its draft Strategy
to Reduce Lead Exposures and Disparities in U.S. Communities.
Corrections have been made since the publishing for comment.

FOR FURTHER INFORMATION CONTACT: Stiven Foster, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION:

Correction

    In the Federal Register of October 28, 2021, in FR Doc 2021-23421,
on page 59711, correct the SUMMARY and DATES sections to read as
follows:
SUMMARY: The Environmental Protection Agency (EPA), published a
document in the Federal Register of October 28, 2021, notifying the
public about the opportunity to provide comment on its draft Strategy
to Reduce Lead Exposures and Disparities in U.S. Communities.
Corrections have been made since the publishing for comment. The
corrected draft Strategy to Reduce Lead Exposures and Disparities in
U.S. Communities (Lead Strategy) now includes actions due to the
Infrastructure Investment and Jobs Act. The legislation provides
opportunity to strengthen and rebuild America's water infrastructure,
including replace lead service lines to further reduce lead exposures
in communities. The EPA will conduct public listening sessions on the
draft Lead Strategy. Details about the listening sessions will be
posted at https://www.epa.gov/lead/draft-strategy-reduce-lead-exposures-and-disparities-us-communities, as they become available.
DATES: Comments must be submitted on or before March 16, 2022.

    Dated: December 3, 2021.
Carlton Waterhouse,
Deputy Assistant Administrator, Office of Land and Emergency
Management.
[FR Doc. 2021-26644 Filed 12-8-21; 8:45 am]
BILLING CODE 6560-50-P