[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Rules and Regulations]
[Pages 53255-53261]
[FR Doc No: 2016-18169]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3989; Directorate Identifier 2014-NM-250-AD;
Amendment 39-18600; AD 2016-16-02]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A318, A319, A320, and A321 series airplanes. This AD was
prompted by reports of premature aging of certain passenger chemical
oxygen generators that resulted in the generators failing to activate.
This AD requires an inspection to determine if certain passenger
chemical oxygen generators are installed and replacement of affected
passenger chemical oxygen generators. We are issuing this AD to prevent
failure of the passenger chemical oxygen generator to activate and
consequently not deliver oxygen during an emergency, possibly resulting
in injury to the airplane occupants.

DATES: This AD is effective September 16, 2016.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 16,
2016.

ADDRESSES: For Airbus service information identified in this final
rule, contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96;
fax: +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet: http://www.airbus.com. For B/E Aerospace service information
identified in this final rule, contact B/E Aerospace Inc., 10800 Pflumm
Road, Lenexa, KS 66215; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
Internet: http://beaerospace.com/home/globalsupport. You may view this
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2015-3989.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3989; 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 street address for the Docket Office (telephone:
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Airbus Model A318,
A319, A320, and A321 series airplanes. The NPRM published in the
Federal Register on October 19, 2015 (80 FR 63136) (``the NPRM''). The
NPRM was prompted by reports of premature aging of certain passenger
chemical oxygen generators that resulted in the generators failing to
activate. The NPRM proposed to require an inspection to determine if
certain passenger chemical oxygen generators are installed and
replacement of affected passenger chemical oxygen generators. We are
issuing this AD to prevent failure of the passenger chemical oxygen
generator to activate and consequently not deliver oxygen during an
emergency, possibly resulting in injury to the airplane occupants.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2015-0117, dated June 24, 2015; corrected August 7, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''); to correct an unsafe condition for all Airbus Model
A318, A319, A320, and A321 series airplanes. The MCAI states:

    Reports have been received indicating premature ageing of
certain chemical oxygen generators, Part Number (P/N) 117042-XX (XX
representing any numerical value), manufactured by B/E Aerospace.
Some operators reported that when they tried to activate generators,
some older units failed to activate. Given the number of failed
units reported, all generators manufactured in 1999, 2000 and 2001
were considered unreliable.
    This condition, if not corrected, could lead to failure of the
generator to activate and consequently not deliver oxygen during an
emergency, possibly resulting in injury to aeroplane occupants.
    To address this potential unsafe condition, Airbus issued Alert
Operators Transmission (AOT) A35N006-14, making reference to B/E
Aerospace Service Information Letter (SIL) D1019-01 (currently at
Revision 1) and B/E Aerospace Service Bulletin (SB) 117042-35-001.
    Consequently, EASA issued AD * * * (later revised) to require
identification and replacement of the affected oxygen generators.
    Since EASA AD 2014-0275R1 was issued, and following new
investigation results, EASA have decided to introduce a life
limitation concerning all P/N 117042-XX chemical oxygen generators,
manufactured by B/E Aerospace.
    For the reason described above, this [EASA] AD retains the
requirements of the EASA AD 2014-0275R1, which is superseded,
expands the scope of the [EASA] AD to include chemical oxygen
generators manufactured after 2001, and requires their removal from
service before exceeding 10 years since date of manufacture.
    This [EASA] AD is re-published to correct a template error,
removing the word `Proposed' and replacing the acronym `PAD' with
`AD'.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3989.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (80
FR 63136, October 19, 2015) and the FAA's response to each comment.

Requests To Extend Compliance Times

    United Airlines (UAL) and Delta Air Lines, Inc. (DAL) requested an
extension of the 30-day compliance time for the part number inspection.
UAL stated that the time required for the part number inspection and
the size of UAL's fleet is prohibitive to meeting the 30-day compliance
time and requested that we extend the initial compliance time to 24
months. DAL stated that the time required for the part number
inspection and the size of DAL's fleet is prohibitive to meeting the
30-day compliance time and requested that we extend the initial
compliance time for the part number inspection to 90 days. DAL pointed
out that a 90-day compliance time would allow ample time to route
airplanes and schedule the required work on the first group of affected
airplanes.
    We disagree with the requests to extend the 30-day compliance time
for the part number inspection. The commenters did not provide any
justification to substantiate how increasing the compliance time from
30 days to 90 days or 24 months would provide an acceptable level of
safety. After considering all of the available information, we have
determined that the compliance time, as proposed, represents an
appropriate interval of time in which the required actions can be
performed in a timely manner with the affected fleet, while still
maintaining an adequate level of safety. In developing an appropriated
compliance time, we considered the safety implications, parts
availability, and normal maintenance schedules for timely
accomplishment of the replacement, overall risk to the fleet, including
the severity of the identified unsafe condition and the likelihood of
the occurrence of the unsafe condition. However, under the provisions
of paragraph (n)(1) of this AD, operators may apply for an extension of
the compliance time by providing rationale explaining why a compliance
time extension provides an acceptable level of safety. We have not
changed this AD in this regard.

Request To Revise Cost Estimates

    DAL requested that we revise the Costs of Compliance section
provided in the NPRM. DAL pointed out that the cost estimate may not
properly account for the number of products per airplane and that they
believe the costs are significantly higher than the estimate included
in the NPRM. DAL also provided revised cost estimates based on their
fleet.
    We partially agree with the request to revise the Costs of
Compliance section. We disagree that the cost estimate should be
revised based on airplane configuration, findings, and associated costs
based only on the DAL fleet. The configuration of each airplane and
inspection findings may vary among U.S. operators. We agree that the
Costs of Compliance section provided in the NPRM might not have
accurately represented the actual cost. After considering the data
presented by DAL, we also agree that the number of work-hours required
is higher than our previous estimate. The Costs of Compliance section
of this final rule has been revised accordingly.

Request To Remove Reporting Requirement

    UAL requested that we remove the reporting requirement in the
proposed AD. UAL pointed out that reporting could expose operators to
compliance risk. UAL also pointed out that they do not find any value
in the information being requested by the reporting requirement. UAL
stated that they will provide any feedback as requested.
    We disagree with the request to remove the reporting requirement.
We disagree that the information requested provides no value. Reporting
is necessary for the airframe manufacturer to determine the extent of
the unsafe condition and any necessary follow-up actions. We have not
changed this AD in this regard.

Request To Reference Revised Service Information

    Mr. Ricardo Erazo requested that we revise the AD to reference B/E
Aerospace Service Bulletin 117042-35-001, Revision 004, dated October
13, 2015. Mr. Erazo did not provide rationale for this request.
    We agree with the request to revise this AD to reference B/E
Aerospace Service Bulletin 117042-35-001, Revision 004, dated October
13, 2015, and have revised this AD accordingly. B/E Aerospace Service
Bulletin 117042-35-001, Revision 004, dated October 13, 2015, clarifies
references to additional service information. As a result, we have also
added paragraph (m) to this AD, to give credit for actions accomplished
before the effective date of this AD using B/E Aerospace Service
Bulletin 117042-35-001, dated December 10, 2014; B/E Aerospace Service
Bulletin 117042-35-001, Revision 001, dated April 9, 2015; B/E
Aerospace Service Bulletin 117042-35-001, Revision 002, dated May 29,
2015; or B/E Aerospace Service Bulletin 117042-35-001, Revision 003,
dated June 25, 2015.

Change to Service Information References

    We have revised paragraphs (h) and (i) of this AD to refer to
Airbus AOT A35N006-14, dated December 10, 2014, including Appendix 1,
as an additional appropriate source of service information for the 15-
minute passenger chemical oxygen generators.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information.
     Airbus AOT A35N006-14, dated December 10, 2014, including
Appendix 1.
     B/E Aerospace Inc. Service Bulletin 117042-35-001,
Revision 004, dated October 13, 2015.
    This service information describes procedures to replace certain
passenger chemical oxygen generators. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 953 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
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Part number inspection.............  4 work-hours x $85 per hour              $0            $340        $324,020
                                      = $340.
Reporting..........................  1 work-hour x $85 per hour                0              85          81,005
                                      = $85.
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    We estimate the following costs to do any necessary replacements
that would be required based on the results of the required inspection.
We have no way of determining the number of airplanes that might need
these replacements:

                                               On-Condition Costs
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                 Action                          Labor cost           Parts cost          Cost per  product
----------------------------------------------------------------------------------------------------------------
Replacement............................  Up to 25 work-hours x $85            $390  Up to $2,515.
                                          per hour = $2,125.
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Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information
Collection Clearance Officer, AES-200.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that

section, Congress charges the FAA with promoting safe flight of civil
aircraft in air commerce by prescribing regulations for practices,
methods, and procedures the Administrator finds necessary for safety in
air commerce. This regulation is within the scope of that authority
because it addresses an unsafe condition that is likely to exist or
develop on products identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2016-16-02 Airbus: Amendment 39-18600. Docket No. FAA-2015-3989;
Directorate Identifier 2014-NM-250-AD.

(a) Effective Date

    This AD is effective September 16, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), (c)(3), and (c)(4) of this AD; certificated in any
category; all manufacturer serial numbers, except those that have
embodied Airbus modification 33125 (gaseous system for all oxygen
containers) in production.
    (1) Airbus Model A318-111, -112, -121, and -122 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes.
    (3) Airbus Model A320-211, -212, -214, -231, -232, and -233
airplanes.
    (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by reports of premature aging of certain
passenger chemical oxygen generators that resulted in the generators
failing to activate. We are issuing this AD to prevent failure of
the passenger chemical oxygen generator to activate and consequently
not deliver oxygen during an emergency, possibly resulting in injury
to the airplane occupants.

(f) Compliance

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

(g) Part Number Inspection

    Within 30 days after the effective date of this AD: Do a one-
time inspection of passenger chemical oxygen generators, part
numbers (P/N) 117042-02 (15 minutes (min)--2 masks), 117042-03 (15
min--3 masks), 117042-04 (15 min--4 masks), 117042-22 (22 min--2
masks), 117042-23 (22 min--3 masks), and 117042-24 (22 min--4 masks)
to determine the date of manufacture as specified in Airbus Alert
Operators Transmission (AOT) A35N006-14, dated December 10, 2014,
including Appendix 1. Refer to figures 1 and 2 to paragraph (g) of
this AD for the location of the date. A review of airplane
maintenance records is acceptable for the inspection required by
this paragraph, provided the date of manufacture can be conclusively
determined by that review.

[GRAPHIC] [TIFF OMITTED] TR12AU16.004

[GRAPHIC] [TIFF OMITTED] TR12AU16.003

(h) Replacement of Passenger Chemical Oxygen Generators Manufactured in
1999, 2000, or 2001

    If, during any inspection required by paragraph (g) of this AD,
any passenger chemical oxygen generator having a date of manufacture
in 1999, 2000, or 2001 is found: At the applicable time specified in
paragraph (h)(1), (h)(2), or (h)(3) of this AD, remove and replace
the affected passenger chemical oxygen generator with a serviceable
unit, in accordance with Airbus AOT A35N006-14, dated December 10,
2014, including Appendix 1 (for 15-minute and 22-minute passenger
chemical oxygen generators); or the Accomplishment Instructions of
B/E Aerospace Service Bulletin 117042-35-001, Revision 004, dated
October 13, 2015 (for 15-minute passenger chemical oxygen
generators).
    (1) For passenger chemical oxygen generators that have a date of
manufacture in 1999: Within 30 days after the effective date of this
AD.
    (2) For passenger chemical oxygen generators that have a date of
manufacture in 2000: Within 6 months after the effective date of
this AD.
    (3) For passenger chemical oxygen generators that have a date of
manufacture in 2001: Within 12 months after the effective date of
this AD.

(i) Replacement of Passenger Chemical Oxygen Generators Manufactured in
2002 and Later

    If, during any inspection required by paragraph (g) of this AD,
any passenger chemical oxygen generator having a date specified in
table 1 to paragraph (i) of this AD is found: At the applicable time
specified in table 1 to paragraph (i) of this AD, remove and replace
the affected passenger chemical oxygen generator with a serviceable
unit, in accordance with Airbus AOT A35N006-14, dated December 10,
2014, including Appendix 01, undated (for 15-minute and 22-minute
passenger chemical oxygen generators); or the Accomplishment
Instructions of B/E Aerospace Service Bulletin 117042-35-001,
Revision 004, dated October 13, 2015 (for 15-minute passenger
chemical oxygen generators).

    Table 1 to Paragraph (i) of This AD--Replacement Compliance Times
------------------------------------------------------------------------
        Year of manufacture                    Compliance time
------------------------------------------------------------------------
2002...............................  Within 12 months after the
                                      effective date of this AD.
2003...............................  Within 16 months after the
                                      effective date of this AD.
2004...............................  Within 20 months after the
                                      effective date of this AD.
2005...............................  Within 24 months after the
                                      effective date of this AD.
2006...............................  Within 28 months after the
                                      effective date of this AD.

2007...............................  Within 32 months after the
                                      effective date of this AD.
2008...............................  Within 36 months after the
                                      effective date of this AD.
2009...............................  Before exceeding 10 years since
                                      date of manufacture of the
                                      passenger chemical oxygen
                                      generator.
------------------------------------------------------------------------

(j) Definition of Serviceable

    For the purpose of this AD, a serviceable unit is a passenger
chemical oxygen generator having P/N 117042-XX with a manufacturing
date not older than 10 years, or any other approved part number,
provided that the generator has not exceeded the life limit
established for that generator by the manufacturer.

(k) Reporting

    At the applicable time specified in paragraph (k)(1) or (k)(2)
of this AD, submit a report of the findings (both positive and
negative) of the inspection required by paragraph (g) of this AD, in
accordance with paragraph 7, ``Reporting,'' of Airbus AOT A35N006-
14, dated December 10, 2014, including Appendix 1. The report must
include the information specified in Appendix 1 of Airbus AOT
A35N006-14, dated December 10, 2014.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

(l) Parts Installation Limitation

    As of the effective date of this AD, no person may install a
passenger chemical oxygen generator, unless it is determined, prior
to installation, that the oxygen generator is a serviceable unit as
specified in paragraph (j) of this AD.

(m) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (h) and (i) of this AD, if those actions were performed
before the effective date of this AD using the service information
specified in paragraphs (m)(1), (m)(2), (m)(3), or (m)(4).
    (1) B/E Aerospace Service Bulletin 117042-35-001, dated December
10, 2014.
    (2) B/E Aerospace Service Bulletin 117042-35-001, Revision 001,
dated April 9, 2015.
    (3) B/E Aerospace Service Bulletin 117042-35-001, Revision 002,
dated May 29, 2015.
    (4) B/E Aerospace Service Bulletin 117042-35-001, Revision 003,
dated June 25, 2015.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with, a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency (EASA) AD 2015-0117, dated
June 24, 2015; corrected August 7, 2015; for related information.
This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2015-3989.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (p)(3) and (p)(4) of this AD.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Alert Operators Transmission A35N006-14, dated
December 10, 2014, including Appendix 01, undated.
    (ii) B/E Aerospace Service Bulletin 117042-35-001, Revision 004,
dated October 13, 2015.
    (3) For Airbus service information identified in this AD,
contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96;
fax: +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet: http://www.airbus.com. For B/E Aerospace service
information identified in this AD, contact B/E Aerospace Inc., 10800
Pflumm Road, Lenexa, KS 66215; telephone:<PHONE_NUMBER>; fax: 913-
469-8419; Internet: http://beaerospace.com/home/globalsupport.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 21, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-18169 Filed 8-11-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 18995-18998]
[FR Doc No: 2020-07007]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1119]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Food Canning Establishment Registration, Process
Filing, and Recordkeeping for Acidified Foods and Thermally Processed
Low-Acid Foods in Hermetically Sealed Containers

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on the information collection provisions of
reporting and recordkeeping requirements for firms that process
acidified foods and thermally processed low-acid foods in hermetically
sealed containers.

DATES: Submit either electronic or written comments on the collection
of information by June 2, 2020.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before June 2, 2020. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of June 2, 2020. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2013-N-1119 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Food Canning Establishment
Registration, Process Filing, and Recordkeeping for Acidified Foods and
Thermally Processed Low-Acid Foods in Hermetically Sealed Containers.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Food Canning Establishment Registration, Process Filing, and
Recordkeeping for Acidified Foods and Thermally Processed Low-Acid
Foods in Hermetically Sealed Containers, 21 CFR 108.25 and 108.35, and
21 CFR Parts 113 and 114

OMB Control Number 0910-0037--Extension

    Section 402 of the Federal Food, Drug, and Cosmetic Act (the FD&C
Act) (21 U.S.C. 342) deems a food to be adulterated, in part, if the
food bears or contains any poisonous or deleterious substance that may
render it injurious to health. Section 301(a) of the FD&C Act (21
U.S.C. 331(a)) prohibits the introduction or delivery for introduction
into interstate commerce of adulterated food. Under section 404 of the
FD&C Act (21 U.S.C. 344), our regulations require registration of food
processing establishments, filing of process or other data, and
maintenance of processing and production records for acidified foods
and thermally processed low-acid foods in hermetically sealed
containers. These requirements are intended to ensure safe
manufacturing, processing, and packing procedures, and to permit us to
verify that these procedures are being followed. Improperly processed
low-acid foods present life-threatening hazards if contaminated with
foodborne microorganisms, especially Clostridium botulinum. The spores
of C. botulinum need to be destroyed or inhibited to avoid production
of the deadly toxin that causes botulism. This is

accomplished with good manufacturing procedures, which must include the
use of adequate heat processes or other means of preservation.
    To protect the public health, our regulations require that each
firm that manufactures, processes, or packs acidified foods or
thermally processed low-acid foods in hermetically sealed containers
for introduction into interstate commerce register the establishment
with us using Form FDA 2541 (Sec. Sec.  108.25(c)(1) and 108.35(c)(2)
(21 CFR 108.25(c)(1) and 108.35(c)(2)). In addition to registering the
plant, each firm is required to provide data on the processes used to
produce these foods, using Forms FDA 2541d, FDA 2541e, and FDA 2541f
for all methods except aseptic processing, or Form FDA 2541g for
aseptic processing of low-acid foods in hermetically sealed containers
(Sec. Sec.  108.25(c)(2) and 108.35(c)(2)). Plant registration and
process filing may be accomplished simultaneously. Process data must be
filed prior to packing any new product, and operating processes and
procedures must be posted near the processing equipment or made
available to the operator (21 CFR 113.87(a)).
    Regulations in parts 108, 113, and 114 (21 CFR parts 108, 113, and
114) require firms to maintain records showing adherence to the
substantive requirements of the regulations. These records must be made
available to FDA on request. Firms also must document corrective
actions when process controls and procedures do not fall within
specified limits (Sec. Sec.  113.89, 114.89, and 114.100(c)); to report
any instance of potential health-endangering spoilage, process
deviation, or contamination with microorganisms where any lot of the
food has entered distribution in commerce (Sec. Sec.  108.25(d) and
108.35(d) and (e)); and to develop and keep on file plans for recalling
products that may endanger the public health (Sec. Sec.  108.25(e) and
108.35(f)). To permit lots to be traced after distribution, acidified
foods and thermally processed low-acid foods in hermetically sealed
containers must be marked with an identifying code (Sec.  113.60(c))
(thermally processed foods) and Sec.  114.80(b) (acidified foods).
    The records of processing information are periodically reviewed
during factory inspections by FDA to verify fulfillment of the
requirements in parts 113 or 114. Scheduled thermal processes are
examined and reviewed to determine their adequacy to protect public
health. In the event of a public health emergency, records are used to
pinpoint potentially hazardous foods rapidly and thus limit recall
activity to affected lots.
    As described in our regulations, processors may obtain the paper
version of Forms FDA 2541, FDA 2541d, FDA 2541e, FDA 2541f, and FDA
2541g by contacting us at a particular address by visiting https://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/AcidifiedLACFRegistration/ucm2007436.htm. Processors mail completed
paper forms to us. However, processors who are subject to Sec.  108.25,
Sec.  108.35, or both, have an option to submit Forms FDA 2541, FDA
2541d, FDA 2541e, FDA 2541f, and FDA 2541g electronically.
    Although we encourage commercial processors to use the electronic
submission system for plant registration and process filing, we will
continue to make paper-based forms available. To standardize the burden
associated with process filing, regardless of whether the process
filing is submitted electronically or using a paper form, we are
offering the public the opportunity to use four forms, each of which
pertains to a specific type of commercial processing and is available
both on the electronic submission system and as a paper-based form. The
electronic submission system and paper-based form ``mirror'' each other
to the extent practicable. The four process filing forms are as
follows:
     Form FDA 2541d (Food Process Filing for Low-Acid Retorted
Method);
     Form FDA 2541e (Food Process Filing for Acidified Method);
     Form FDA 2541f (Food Process Filing for Water Activity/
Formulation Control Method); and
     Form FDA 2541g (Food Process Filing for Low-Acid Aseptic
Systems).
    At this time, the paper-based versions of the four forms and their
instructions are all available for review at https://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/AcidifiedLACFRegistration/ucm2007436.htm.
    Description of Respondents: The respondents to this information
collection are commercial processors and packers of acidified foods and
thermally processed low-acid foods in hermetically sealed containers.
    We estimate the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Number of
         21 CFR section; activity            FDA Form No.      Number of     responses per   Total annual    Average burden per response    Total hours
                                                              respondents     respondent       responses                 \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
108.25(c)(1) and 108.35(c)(1); Food                   2541             645               1             645  0.17 (10 mins.).............             110
 canning establishment registration.
108.25(c)(2); Food process filing for                2541e             726              11           7,986  0.33 (20 mins.).............           2,659
 acidified method.
108.35(c)(2); Food process filing for low-           2541d             336              12           4,032  0.33 (20 mins.).............           1,343
 acid retorted method.
108.35(c)(2); Food process filing for                2541f              37               6             222  0.33 (20 mins.).............              74
 water activity/formulation control method.
108.35(c)(2); Food process filing for low-           2541g              42              22             924  0.75 (45 mins.).............             693
 acid aseptic systems.
108.25(d); 108.35(d) and (e); Report of                N/A               1               1               1  4...........................               4
 any instance of potential health-
 endangering spoilage, process deviation,
 or contamination with microorganisms
 where any lot of the food has entered
 distribution in commerce.
                                           -------------------------------------------------------------------------------------------------------------
    Total.................................  ..............  ..............  ..............  ..............  ............................           4,883
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ The calculation for 20 minutes uses 0.333 hour.

    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate. We base our estimate of the number of respondents in table 1
on registrations, process filings, and reports received. The hours per
response reporting estimates are based on our experience with similar
programs and information received from industry. The reporting burden
for Sec. Sec.  108.25(d) and 108.35(d) and (e) is minimal because
notification of spoilage, process deviation, or contamination of
product in distribution occurs less than once a year. Most firms
discover these problems before the product is distributed and,
therefore, are not required to report the occurrence. We estimate that
we will receive one report annually under Sec. Sec.  108.25(d) and
108.35(d) and (e). The report is expected to take 4 hours per response,
for a total of 4 hours.

                               Table 2--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                    Average burden
           21 CFR part               Number of      records per    Total annual         per         Total hours
                                   recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
108, 113, and 114...............          10,392               1          10,392             250       2,598,000
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    We base our estimate of 10,392 recordkeepers in table 2 on the
number of registered firms, excluding firms that were inactive or out
of business, yet still registered. We estimate that 10,392 firms will
each expend approximately 250 hours per year to fully satisfy the
recordkeeping requirements in parts 108, 113 and 114, for a total of
2,598,000 hours.
    Finally, our regulations require that processors mark thermally
processed low-acid foods in hermetically sealed containers (Sec.
113.60(c)) and acidified foods (Sec.  114.80(b)) with an identifying
code to permit lots to be traced after distribution. No burden has been
estimated for the third-party disclosure requirements in Sec. Sec.
113.60(c) and 114.80(b) because the coding process is done as a usual
and customary part of normal business activities. Coding is a business
practice in foods for liability purposes, inventory control, and
process control in the event of a problem. Under 5 CFR 1320.3(b)(2),
the time, effort, and financial resources necessary to comply with a
collection of information are excluded from the burden estimate if the
reporting, recordkeeping, or disclosure activities needed to comply are
usual and customary because they would occur in the normal course of
activities.

    Dated: March 30, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-07007 Filed 4-2-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: February 25, 2009 (Volume 74, Number 36)]
[Notices]
[Page 8590-8591]
[DOCID:fr25fe09-102]

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

Submission for OMB Review; Comment Request

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

Extension:
    Regulation AC; OMB Control No. 3235-0575; SEC File No. 270-517.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
existing collection of information provided for in the following rule:
Regulation Analyst Certification (AC) (17 CFR 242.500-505).
    Regulation AC requires that research reports published, circulated,
or provided by a broker or dealer or covered person contain a statement
attesting that the views expressed in each research report accurately
reflect the analyst's personal views and whether or not the research
analyst received or will receive any compensation in connection with
the views or recommendations expressed in the research report.
Regulation AC also requires broker-dealers to, on a quarterly basis,
make, keep, and maintain records of research analyst statements
regarding whether the views expressed in public appearances accurately
reflected the analyst's personal views, and whether any part of the
analyst's compensation is related to the specific recommendations or
views expressed in the public appearance. Regulation AC also requires
that research prepared by foreign persons be presented to U.S. persons
pursuant to Securities Exchange Act Rule 15a-6 and that broker-dealers
notify associated persons if they would be covered by the regulation.
Regulation AC excludes the news media from its coverage.
    The collections of information under Regulation AC are necessary to
provide investors with information with which to determine the value of
the research available to them. It is important for an investor to know
whether an analyst may be biased with respect to securities or issuers
that are the subject of a research report. Further, in evaluating a
research report, it is reasonable for an investor to want to know about
an analyst's compensation. Without the information collection, the
purposes of Regulation AC could not be met.
    The Commission estimates that Regulation AC imposes an aggregate
annual time burden of approximately 28,538 hours on 5,186 respondents,
or approximately 5.5 hours per respondent. The Commission estimates
that the total annual internal cost of the 28,538 hours is
approximately $10,525,642.00, or approximately $2,030.00 per
respondent, annually.

    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Comments should be directed to (i) Desk Officer for the Securities
and Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or by sending an e-mail to: Shagufta_
<EMAIL_ADDRESS>and (ii) Charles Boucher, Director/Chief Information
Officer, Securities and Exchange Commission, c/o Shirley Martinson,
6432 General Green Way, Alexandria, VA 22312 or send an e-mail to:
<EMAIL_ADDRESS>Comments must be submitted within 30 days of this
notice.

    Dated: February 18, 2009.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-4035 Filed 2-24-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: May 24, 2006 (Volume 71, Number 100)]
[Notices]
[Page 29935-29936]
[DOCID:fr24my06-68]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-360-000]

ProGas USA Inc., Complainant v. Iroquois Gas Transmission System
L.P., Respondent; Notice of Complaint Requesting Fast Track Processing

May 17, 2006.
    Take notice that on May 16, 2006, ProGas USA Inc. (Complainant),
filed a complaint, pursuant to section 203 of the Commission's Rules of
Practice and Procedure, 18 CFR 385.206, against Iroquois Gas
Transmission System L.P. (Iroquois) alleging Iroquois unlawfully
conducted two open seasons for the same capacity and unlawfully
invalidated all of the valid bids in response to the first open season.
The Complainant also requests fast track processing of this Complaint.
    The Complainant states that a copy of the complaint has been served
on Iroquois.
    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. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.

    This filing is accessible on-line at http://www.ferc.gov, using the

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

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on May 31, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-7893 Filed 5-23-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 223 (Tuesday, November 19, 2013)]
[Notices]
[Pages 69483-69485]
[FR Doc No: 2013-27629]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70863; File No. SR-Phlx-2013-112]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
PIXL Auction Notification Requirements Under Rule 1080

November 13, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on October 31, 2013, NASDAQ OMX PHLX LLC (the ``Exchange''
or ``PHLX'') 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 self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the PIXL \4\ Auction Notification
(``PAN'') requirements under Rule 1080(n) by no longer including the
stop price in the PAN.
---------------------------------------------------------------------------

    \4\ The Exchange adopted PIXL in October 2010 as a price
improvement mechanism that is a component of the Exchange's fully
automated options trading system. See Securities Exchange Act
Release No. 63027 (October 1, 2010), 75 FR 62160 (October 7, 2010)
(SR-Phlx-2010-108)(order granting approval of price improvement
system, PIXL).
---------------------------------------------------------------------------

    The text of the proposed rule change is below; proposed new
language is italicized; proposed deletions are in brackets.
* * * * *

Rule 1080 Phlx XL and Phlx XL II

* * * * *

(n) Price Improvement XL (``PIXL'')

    (i)-(ii)(A)(1)-(2) No change.
    (3) When the Exchange receives a PIXL Order for Auction processing,
a PAN detailing the side[,] and size [and the stop price] of the PIXL
Order will be sent over the Exchange's TOPO Plus Orders data feed and
Specialized Quote Feed. [An updated PAN will also be sent over the
Exchange's TOPO Plus Orders data feed if the Initiating Member improves
the stop price of the PIXL Order. The updated PAN will include the
side, size and improved stop price of the PIXL Order.]
    (ii)(A)(4)-(vii) No change.
* * * * *

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

    In its filing with the Commission, 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 purpose of the proposed rule change is to encourage better PAN
responses and thereby attain more price improvement for PIXL orders.
The PAN is a broadcast message sent over TOPO Plus Orders,\5\ the
Exchange's market data feed for subscribers interested in the detailed
information it offers, as well as over the Specialized Quote Feed
(``SQF'') 6.0.\6\
---------------------------------------------------------------------------

    \5\ Securities Exchange Act Release No. 60877 (October 26,
2009), 74 FR 56255 (October 30, 2009) (SR-Phlx-2009-92).
    \6\ Securities Exchange Act Release No. 63034 (October 4, 2010),
75 FR 62441 (October 8, 2010) (SR-Phlx-2010-124).
---------------------------------------------------------------------------

Background--Current PIXL and PAN
    The PIXL mechanism is a process whereby members electronically
submit orders they represent as agent against principal interest or
other interest that they represent as agent. The submitted orders are
stopped at a price and are subsequently entered into an auction seeking
price improvement. An Exchange member may initiate a PIXL Auction
(``Initiating Member'') by submitting a PIXL Order (``Initiating
Order'') specifying one of the following:
    (1) A single price at which it seeks to execute the PIXL Order (a
``stop price'');
    (2) that it is willing to automatically match as principal or as
agent on behalf of an Initiating Order, the price and size of all
trading interest, and responses to the PAN (known as ``auto-match''),
in which case the PIXL Order will be stopped at the National Best Bid/
Offer (``NBBO'') on the Initiating Order side of the market; or
    (3) that it is willing to either: (i) Stop the entire order at a
single stop price and auto-match PAN responses, together with trading
interest, at a price or prices that improve the stop price to a
specified price above or below which the Initiating Member will not
trade (a ``Not Worse Than'' or ``NWT'' price); (ii) stop the entire
order at a single stop price and auto-match all PAN responses and
trading interest at or better than the stop price; or (iii) stop the
entire order at the NBBO on the Initiating Order side, and auto-match
PAN responses and trading interest at a price or prices

that improve the stop price up to the NWT price. In all cases, if the
PBBO on the same side of the market as the PIXL Order represents a
limit order on the book, the stop price must be at least one minimum
price improvement increment better than the booked limit order's limit
price.
    After the PIXL Order is entered, a PAN is broadcast \7\ and a one-
second blind Auction ensues. Any participant interested in the PIXL
Order may respond to the PAN. At the conclusion of the Auction, the
PIXL Order will be executed and allocated at the best price(s) among
quotes, orders, and PAN responses.
---------------------------------------------------------------------------

    \7\ The PAN is broadcast over the TOPO Plus Orders data feed as
well as the Specialized Quote Feed. The Exchange is proposing to add
reference to the Specialized Quote Feed in the rule, consistent with
the effectiveness of sending the PAN over the Specialized Quote
Feed. See supra note 5 at text accompanying note 11.
---------------------------------------------------------------------------

    Once the Initiating Member has submitted a PIXL Order for
processing, such PIXL Order may not be modified or cancelled, and a
member submitting the order has no ability to control the timing of the
execution. The execution is carried out by the Exchange's Phlx XL
automated options trading system and execution pricing is determined
solely by the other orders and quotes that are present in the Phlx XL
system at the time the Auction ends.
Proposal--Changes to Rule 1080(n)--PAN
    The Exchange proposes to modify the PAN under Rule
1080(n)(ii)(A)(3) to no longer include the stop price. Currently, the
PAN includes the stop price as well as side and size of the PIXL Order.
If the Initiating Member improves the stop price, today, an updated PAN
will be sent, identifying the side, size and improved stop price. The
exchange proposes to change the PAN such that neither a stop price is
shown nor is an updated PAN sent with an improved price.
    The Exchange believes that this should encourage PAN responses at
the best possible price that the participant is willing to participate.
This, in turn, should result in better execution prices, which is the
``price improvement'' that the PIXL functionality offers.
    In other contexts, the Exchange has determined that showing the
price of an order in an auction notification message is appropriate and
useful. For instance, the Exchange recently determined to begin showing
the price of a Complex Order in its auction message,\8\ citing the need
with respect to Complex Orders to attract additional responsive
interest. Complex Orders are, by definition, more complex to trade, are
a relatively new product, and are generally traded by a small cross-
section of options customers, thereby necessitating the need to attract
responsive interest.
---------------------------------------------------------------------------

    \8\ Securities Exchange Act Release No. 70271 (August 27, 2013),
78 FR 54340 (September 3, 2013) (SR-Phlx-2013-88).
---------------------------------------------------------------------------

    The Exchange believes that the rationale for showing price differs
respecting PIXL Orders, because PIXL Orders can be very different from
Complex Orders. Specifically, PIXL orders can vary in size and type. A
simple (non-complex) PIXL order for just a few contracts is more
appropriate for exposure to aggressive price competition. PIXL orders
are entered into PIXL precisely because the Initiating Member is
interested in participating with the order, if needed, and rather than
permitting the execution to occur automatically, the PIXL process
offers an opportunity for an improved price. It is the sort of system
feature that would benefit from a more blind auction.
    When Phlx first adopted the PIXL process, Phlx determined to show
the stop price, which many options exchanges do in their price
improvement systems. At this time, the Exchange believes that, as
discussed above, the process would benefit from not showing the stop
price.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \9\ in general, and furthers the objectives of Section
6(b)(5) of the Act \10\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by providing more opportunity for price improvement for PIXL
orders. Generally, in auctions, transparency of details accomplishes
two main objectives. The first objective is to obtain a quality
execution for the customer. The second goal is to ensure robust price
competition. Because PIXL orders are entered with a stop price and a
guarantee (in the form of a stop) of a reasonable execution price, the
first objective is met when the order is entered. With respect to the
second objective, the Exchange believes that excluding the stop price
from the PAN should foster price competition from other participants in
PIXL. Accordingly, Phlx participants will be motivated to be more
aggressive and respond with their best price in order to participate in
the PIXL execution. Not knowing the stop price creates an incentive for
the responder to compete based on price and to make an independent
decision, rather than merely join other participants' prices or improve
the stop price minimally. Even though, without the stop price, less
information is available to potential responding Phlx participants, the
Exchange believes that, rather than harming the market or customers in
some way, the proposal should lead to more price competition. As a
result of more price competition and an improved price improvement
process, the Exchange believes that participants will use PIXL to
increase the number of customer orders that are provided with the
opportunity to receive price improvement over the NBBO. As a result,
customers will benefit as will the market as a whole. Further, the
Exchange believes that the proposed changes promote and foster
competition among the options exchanges.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. To the contrary, the proposal
is pro-competitive because it will enable the Exchange to better
compete with another options exchange that provides price improvement
functionality without revealing the price.\11\ With respect to intra-
market competition, the proposal will apply to all participants
receiving PANs equally and to all PANs. Moreover, as explained above,
the proposal should encourage Phlx participants to compete amongst each
other by responding with their best price for a particular option.
---------------------------------------------------------------------------

    \11\ See CBOE Rule 6.74A(b)(1)(B).
---------------------------------------------------------------------------

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time

as the Commission may designate, it has become effective pursuant to
Section 19(b)(3)(A)(ii) of the Act \12\ and subparagraph (f)(6) of Rule
19b-4 thereunder.\13\
---------------------------------------------------------------------------

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2013-112 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-Phlx-2013-112. 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 such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2013-112, and should be
submitted on or before December 10, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-27629 Filed 11-18-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Notices]
[Pages 64980-64981]
[FR Doc No: 2012-26183]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-129-000]

Noble Americas Energy Solutions LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Noble Americas Energy Solutions LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
Part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to

intervene or protest must serve a copy of that document on the
Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 7, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also 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 email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 18, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-26183 Filed 10-23-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Notices]
[Pages 39042-39043]
[FR Doc No: 2016-14177]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0041; FRL-9947-73-OAR]

Proposed Information Collection Request; Comment Request; RadNet
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``RadNet (Renewal)''
(EPA ICR No. 0877.13, OMB Control No. 2060-0015) to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Before doing so,
EPA is soliciting public comments on specific aspects of the proposed
information collection as described below. This is a proposed extension
of the ICR, which is currently approved through August 31, 2016. An
Agency may not conduct or sponsor and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number.

DATES: Comments must be submitted on or before August 15, 2016.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2003-0041, online using www.regulations.gov (our preferred method), by
email to<EMAIL_ADDRESS>or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: John Griggs, OAR/ORIA/NAREL,
Environmental Protection Agency, National Analytical Radiation
Environmental Laboratory, 540 South Morris Ave., Montgomery, AL 36115;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: RadNet is a national network of stations collecting
sampling media that include air, precipitation, and drinking water.
Samples are sent to EPA's National Analytical Radiation Environmental
Lab (NAREL) in Montgomery, Alabama, where they are analyzed for
radioactivity. RadNet provides emergency response/homeland security and
ambient monitoring information on levels of environmental radiation
across the nation. All stations, usually operated by state and local
personnel, participate in RadNet voluntarily. Station operators
complete information forms that accompany the samples. The forms
request information pertaining to sample type, sample location, start
and stop date and times for sampling, length of sampling period,

and volume represented. Data from RadNet are made available regularly
on the Agency Web sites--Envirofacts and the EPA Web site www.epa.gov/radnet.
    Form Numbers: 5900-23, 5900-24, 5900-27, 5900-29.
    Respondents/affected entities: Primarily State and Local Officials.
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: 235 (total).
    Frequency of response: Biweekly, monthly, quarterly.
    Total estimated burden: 2,768 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $2,478,647 (per year), includes $2,338,804
annualized capital or operation & maintenance costs.
    Changes in Estimates: There is a decrease of 4,517 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. This decrease is due to transfer of the milk program
to FDA and the elimination of radiologically screening air-filters
prior to NAREL shipment.

    Dated: June 1, 2016.
Jonathan D. Edwards,
Acting Director, Office of Radiation and Indoor Air.
[FR Doc. 2016-14177 Filed 6-14-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Pages 86069-86071]
[FR Doc No: 2016-28619]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2016-0233]

Solicitation of Proposals for Designation of Automated Vehicle
Proving Grounds Pilot

AGENCY: Office of the Secretary, U.S. Department of Transportation
(DOT).

ACTION: Notice of intent to designate proving grounds.

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

SUMMARY: It is the policy of the U.S. Department of Transportation
(``DOT'' or the ``Department'') to foster the safe deployment of
advanced automated vehicle technologies to achieve national goals while
understanding the long-term societal and ethical impacts that these
technological advancements may impose. To further this understanding,
the DOT is requesting proposals from applicants to form an initial
network of multiple proving grounds, focused on the advancement of
automated vehicle technology. These entities will be designated as a
Community of Practice to develop and share best practices around the
safe testing, demonstration and deployment of automated vehicle
technology.

DATES: Proposals must be submitted by 11:59 p.m. EST on December 19,
2016.

ADDRESSES: Final proposals must not exceed 15 pages in length, and must
be submitted electronically to<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: For further information concerning
this notice, please send inquiries to<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Department is requesting applications to
be designated as USDOT Automated Vehicle Proving Grounds. Please read
this notice in its entirety so that you have all the information to
determine whether you would like to submit a proposal.

DESCRIPTION: Benefits of Designation as a USDOT Automated Vehicle
Proving Ground: Automated and connected vehicle technologies are
advancing, but the pace of innovation can accelerate through the safe
testing and deployment of vehicles on closed tracks, on campuses and on
limited roads. For this purpose, the DOT is seeking applications from
eligible entities that would like to be designated USDOT Automated
Vehicle Proving Grounds. The Department anticipates that the
designation will encourage new levels of public safety while
contributing to a strong innovative foundation able to transform
personal and commercial

mobility and open new doors to disadvantaged people and communities.
The designated proving grounds will collectively form a Community of
Practice around safe testing and deployment. This group will openly
share best practices for the safe conduct of testing and operations as
they are developed, enabling the participants and the general public to
learn at a faster rate and accelerating the pace of safe deployment.
Designated Proving Grounds must establish a Designated Safety Officer
responsible for their safety management plan and commit to sharing
their approaches to safety and non-proprietary/non-confidential safety
data generated though testing and operation.

DESIGNATION DECISIONS:  The Secretary of Transportation will make all
designations under this notice. A designation as a USDOT Automated
Vehicle Proving Ground is not an award of Federal financial assistance.

ELIGIBILITY INFORMATION:  The following entities are eligible for
designation as a USDOT Automated Vehicle Proving Ground. Individuals
are not eligible for designation under this notice. Facilities will not
be limited to a predetermined size, number or variety of domains/
capabilities. The Department actively encourages the inclusion of
minority institutions//businesses (e.g., small and disadvantaged
businesses). Eligible entities include:
    (1) Test tracks or testing facilities
    (2) Race tracks
    (3) Cities/urban cores
    (4) Highway corridors
    (5) Campuses (corporate or academic)

SELECTION CRITERIA: The Secretary of Transportation will make all
designations. Selections will be based on meeting the mandatory
criteria and the level of ability of the applicant to meet one or more
of the other criteria identified below:

Mandatory Criteria

     A Designated Safety Officer responsible for the entity's
safety management plan and who will participate in the Community of
Practice's regular quarterly meeting of Safety Officers.
     Commitment to sharing the entity's approaches to safety
and safety data generated through testing and operation.

Proposed Contributions

     The extent to which the applicant meets the above
eligibility and administers an established automated vehicle program,
either independently or through a partnership.
     The capability of the applicant to provide leadership in
making national and regional contributions to the solution of both
long-range and immediate mobility challenges through the testing and
deployment of automated vehicle technology.
     The applicant's proposed contributions to the Community of
Practice. Examples include established safety management plans, access
to testing data, engagement with stakeholders or ability to generate
results that have broad applicability.
     As part of participation in the Community of Practice,
Designated Proving Grounds applicant's ability and willingness to
maintain a working relationship with the Department's relevant research
program offices. The application should describe this proposed
relationship, including aspects such as potential participation in
conferences, meetings, joint research efforts, and submission of
significant activity reports to the DOT on a routine basis.

Commitment to Safety

     The demonstrated capability to control risks through the
implementation of robust safety precautions through a published safety
management plan in all proving ground testing and operations.
     Applicant demonstrates that specific safety considerations
have been met over the course of operation, including safety of proving
ground personnel, safety protocols when making use of public roads, and
attention to safe design, deployment, and operation of automated
devices.

Research, Application and Data Sharing

     The extent to which the State or locality in which the
applicant is located can provide applicable solutions for the broader
region and surrounding corridor for improved mobility through the
advancement of automated vehicle technology.
     The demonstrated research and extension resources
available to the applicant for carrying out activities and programs as
they relate to automated vehicle advancements.
     The degree to which the applicant can disseminate results
of automated vehicle research through a statewide or region-wide
education program to support the national deployment of automated
vehicle technology.
     A commitment to open data and sharing performance metrics
and results of objective tests.

Demonstrated Investments

     In facilitating automated vehicle testing, applicants
demonstrate commitment through one or more of the following:
    (1) Capital improvements to the proving grounds to advance
automated vehicles;
    (2) Authorization for the proving grounds, either through State
legislation or regulation, to address regulatory challenges associated
with higher levels of automation;
    (3) Testing or deployment underway to determine automated vehicle
technology feasibility.

Readiness

    (1) Designated facility is open for testing, or the ability of the
applicant to demonstrate that the facility will be open for testing, by
January 1, 2018.
    (2) The facility supports testing by multiple users, or the data
generated by the proving ground is shared openly to the public.
    (3) Designated facility provides a Designated Point of Contact.
    (4) If making use of public roads, the applicant demonstrates that
it has engaged with any affected communities and can show that it is
actively working with those communities to address any concerns.

Adherence to Laws, Regulations, and Federal Policy

     The degree to which the application addresses how the
automated vehicle testing facility will adhere to all state and local
laws and federal regulations.
     If making use of public roads, the applicant demonstrates
adherence to those primary subject areas outlined in the National
Highway Traffic Safety Administration's (NHTSA) policy for automated
vehicles (Federal Automated Vehicles Policy: Accelerating the Next
Revolution in Roadway Safety) for any testing or deployment of L3-L5
systems on public roads.

REVIEW AND SELECTION PROCESS: DOT will review all applications received
by the deadline. The designation review and selection process consists
of two phases: Eligibility & Technical Review and Senior Review. In the
Eligibility & Technical Review phase, DOT staff will (1) ensure that
the applicant is eligible (see Eligibility Information section) and (2)
assess the applicant's ability to meet the mandatory criteria and one
or more of the other Selection Criteria enumerated above. In the Senior
Review phase, which includes senior leadership from DOT, specific
applications may be advanced to the Secretary for selection. In making
recommendations, the Senior Review team may seek to ensure an equitable
geographic distribution and the inclusion of minority institutions/
businesses (e.g., small and

disadvantaged businesses). The Secretary selects from applications
advanced by the Senior Review team for designations.

DESIGNATION NOTICE: The Secretary will announce designations by posting
a list of USDOT Automated Vehicle Proving Grounds at
www.transportation.gov/. The Department anticipates that the selection
of the initial USDOT Automated Vehicle Proving Grounds will be
completed during the first quarter of calendar year 2017. The
Department may make additional designations on an annual basis or as
deemed appropriate.

DESIGNATION AGENCY CONTACTS: For further information concerning this
notice, please contact the Department via email at<EMAIL_ADDRESS>
or call Christopher Hillers at<PHONE_NUMBER>.

OTHER INFORMATION: All information submitted as part of or in support
of any application shall use publicly available data or data that can
be made public and methodologies that are accepted by industry practice
and standards, to the extent possible. If the application includes
information you consider to be a trade secret or confidential
commercial or financial information, the applicant should do the
following: (1) Note on the front cover that the submission ``Contains
Confidential Business Information (CBI)''; (2) mark each affected page
``CBI''; and (3) highlight or otherwise denote the CBI portions. DOT
protects such information from disclosure to the extent allowed under
applicable law. In the event DOT receives a Freedom of Information Act
(FOIA) request for the information, DOT will follow the procedures
described in its FOIA regulations at 49 CFR 7.17. Only information that
is ultimately determined to be confidential under that procedure will
be exempt from disclosure under FOIA.

    Issued in Washington, DC, on November 22, 2016.
Anthony R. Foxx,
Secretary of Transportation.
[FR Doc. 2016-28619 Filed 11-28-16; 8:45 am]
 BILLING CODE 4910-9X-P


ECOLOGICAL MID-CYCLE SUBCOMMITTEE

DRAFT AGENDA

June 28, 2007

10:00 am – 12:00 pm Eastern Time

Participation by Teleconference Only

866-299-3188

code:<PHONE_NUMBER>#

10:00-10:05 am	Welcome	Dr. Jim Clark,

		Subcommittee Chair

10:05-10:10 am	Administrative Procedures	Heather Drumm

		Subcommittee DFO

10:10-11:30 am	Subcommittee Discussion	Dr. Jim Clark

	- Draft Report	Subcommittee Chair

11:30-11:35 am	Public Comment

11:35-12:00 pm 	Subcommittee Discussion	Dr. Jim Clark,

	- Next Steps	Subcommittee Chair

12:00 pm	Adjourn

            A Federal Advisory Committee for the U.S. Environmental Protection Agency’s Office of Research and Development