[Federal Register: June 12, 2008 (Volume 73, Number 114)]
[Proposed Rules]
[Page 33341-33344]
[DOCID:fr12jn08-32]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0264]
RIN 1625-AA00

Safety Zone: Patchogue Bay, Patchogue, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone for the
Patchogue Grand Prix, a power boat race on Patchogue Bay off of
Patchogue, New York on August 22, 23, and 24, 2008, and each year
thereafter on dates and times specified in a Federal Register notice.
The safety zone would provide for safety of navigation of the maritime
public viewing and transiting near the power boat race in order to
protect the maritime community from the hazards inherent with a power
boat race, namely, a collision and loss of control of the vessels
participating in this event. Entry into this zone would be prohibited
unless authorized by the Captain of the Port Long Island Sound.

DATES: Comments and related material must reach the Coast Guard on or
before July 14, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0264 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call LT Kristen Schroeder, USCG Sector Long Island Sound,
Prevention Department at<PHONE_NUMBER>. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility.

Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0264), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-0264)
in the Search box, and click ``Go >>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays; or the Prevention Department at Coast Guard Sector Long
Island Sound, 120 Woodward Ave, New Haven, CT 06512 between 9 a.m. and
3 p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.

Background and Purpose

    OPA Racing LLC of Brick, NJ is sponsoring a power boat race in
Patchogue Bay, Patchogue, NY on the 22nd, 23rd and 24th of August,
2008. A safety zone is necessary to protect the maritime community from
the hazards associated with a power boat race. The safety zone would be
enforced from 11 a.m. to 5 p.m on each day of the three-day event to
accommodate the practice sessions and the race. The Coast Guard
proposes to permanently establish this safety zone and enforce it in
future years on particular days and times specified via announcement in
the Federal Register.
    Patchogue Bay is located on the south shore of Long Island, New
York. The boat race consists of approximately 40 power boats performing
at high rates of speed in close proximity to other power boats over a
specified area of Patchogue Bay, Patchogue, NY. The Coast Guard is
proposing this safety zone in order to provide for the safety of the
maritime community and spectators viewing the power boat race from the
water should an accident, such as a collision of the competing power
boats, occur during the race.

Discussion of Proposed Rule

    The permanent safety zone would be enforced during the testing of
the powerboats on days prior to the race as well as during the race
itself. For 2008, the safety zone would be enforced on August 22 and
23, 2008 and the day of the race, August 24, 2008. In 2008, the safety
zone would be enforced from 11 a.m. until 5 p.m. during the event and
testing sessions. This will provide for sufficient time to clear the
safety zone area prior to the testing session and the start of the
race, as well as additional time should testing or the race run over
the scheduled period. Dates and times for future occurrences of the
race and the enforcement of the safety zone will be announced in the
Federal Register. Prior to enforcement of the safety zone, Coast Guard
Sector Long Island Sound will cause notice of the enforcement of the
safety zone to be made by all appropriate means to ensure the widest
publicity among the affected segments of the public and will include
publication in the local notice to mariners, marine information
broadcasts, and facsimile. The safety zone would be established on the
navigable waters of Patchogue Bay as bounded by the following
geographic coordinates: Beginning at a point on land in Patchogue, NY
at approximate position 40[deg]44'56'' N, 073[deg]00'49'' W, then
running south to a point in Patchogue Bay at approximate position
40[deg]44'29'' N, 073[deg]00'49'' W; then running south east to a point
in Great South Bay at approximate position 40[deg]43'47'' N,
072[deg]59'54'' W; then running east to approximate position
40[deg]43'53'' N, 072[deg]58'46'' W; then to approximate position
40[deg]43'57'' N, 072[deg]57'06'' W, then north to a point on land at
approximate position 40[deg]44'29'' N, 072[deg]57'09'' W. All
coordinates are North American Datum 1983.
    The Captain of the Port anticipates minimal negative impact on
vessel traffic because of this safety zone due to the limited area
covered by this safety zone and the short enforcement period. Any
violation of the proposed temporary safety zone described herein would
be punishable by, among others, civil and criminal penalties, in rem
liability against the offending vessel, and license sanctions.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
    This regulation may have some impact on the public, but the
potential impact will be minimized for the following reasons: the zone
would only be enforced for a maximum of eight hours on three specific
days, and vessels may transit in all areas around the zone at all
times.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and

governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This rule may affect the following entities,
some of which may be small entities: the owners or operators of vessels
intending to transit or anchor in those portions of Patchogue Bay,
Patchogue, New York and marinas located within Patchogue Bay covered by
the safety zone that temporarily may not be able to receive customers.
The economic impact on these small entities is not significant as
vessels will be able to transit around the safety zone and in all other
navigable portions of Patchogue Bay while the safety zone is being
enforced and vessels desiring to transit to marinas located within the
vicinity of the safety zone may request permission from the Captain of
the Port to enter and transit the zone.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Kristen Schroeder,
Prevention Department, Coast Guard Sector Long Island Sound at 203-468-
4459. The Coast Guard will not retaliate against small entities that
question or complain about this rule or any policy or action of the
Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this proposed rule under Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as
follows:

    Authority: 33 U.S.C. 1226 and 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

    2. Add Sec.  165.158 to read as follows:

Sec.  165.158  Safety Zone: Patchogue Grand Prix, Patchogue Bay,
Patchogue, NY.

    (a) Location. The following area is a safety zone: All navigable
waters of Patchogue Bay, NY bounded by an area beginning at a point on
land in Patchogue, NY at approximate position 40[deg]44'56'' N,
073[deg]00'49'' W; then running south to a point in Patchogue Bay at
approximate position 40[deg]44'29'' N, 073[deg]00'49'' W; then running
south east to a point in Great South Bay at approximate position
40[deg]43'47'' N, 072[deg]59'54'' W; then running east to approximate
position 40[deg]43'53'' N, 072[deg]58'46'' W; then to approximate
position 40[deg]43'57'' N, 072[deg]57'06'' W; then north to a point on
land at approximate position 40[deg]44'29'' N, 072[deg]57'09'' W. All
coordinates are North American Datum 1983.
    (b) Definitions. The following definitions apply to this section:
Designated on-scene patrol personnel, means any commissioned, warrant
and petty officers of the U.S. Coast Guard operating Coast Guard
vessels who have been authorized to act on the behalf of the Captain of
the Port, Long Island Sound.
    (c) Regulations. (1) The general regulations contained in 33 CFR
Sec.  165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23 of
this part, entry into or movement within this zone is prohibited unless
authorized by the Captain of the Port, Long Island Sound.
    (3) All persons and vessels must comply with the Coast Guard
Captain of the Port or the designated on-scene patrol personnel.
    (4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
    (5) Persons and vessels may request permission to enter the zone on
VHF-16 or via phone at<PHONE_NUMBER>.
    (d) Enforcement Period. This rule will be enforced from 11 a.m. to
5 p.m. on August 22, 23, and 24, 2008 and each year thereafter on dates
and times specified in a Federal Register notice.

    Dated: May 12, 2008.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. E8-13143 Filed 6-11-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Proposed Rules]
[Pages 23586-23589]
[FR Doc No: 2023-08015]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0931; Project Identifier MCAI-2022-00653-R]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2021-05-03, which applies to certain Airbus Helicopters Model EC225LP
helicopters. AD 2021-05-03 requires various inspections of a certain
part-numbered left-hand (LH) engine fuel supply (fuel supply) hose and
depending on the inspection results, reinstalling or removing the fuel
supply hose from service. AD 2021-05-03 also requires installing an
improved part and prohibits installing an affected fuel supply hose on
any helicopter unless it is installed by following certain procedures.
Since the FAA issued AD 2021-05-03, there were reports of difficulties
using an adjusting tool to install the improved fuel supply hose. This
proposed AD would continue to require the actions of 2021-05-03 and
expand the applicability, expand the parts installation limitations,
and require using an improved adjusting tool and updated procedures.
This proposed AD would also update certain compliance times and clarify
certain requirements. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by June 2,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0931; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For Airbus Helicopters service information identified in
this NPRM, contact Airbus Helicopters, 2701 North Forum Drive, Grand
Prairie, TX 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(972) 641-3775; or at airbus.com/helicopters/services/technical-support.html.
     You may view this service information at the FAA, Office
of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    Other Related Service Information: Other Airbus Helicopters service
information identified in this NPRM is available at the Airbus
Helicopters contact information under Material Incorporated by
Reference above. You may also view this service information at the FAA
contact information under Material Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
26805 E 68th Ave., Mail Stop: Room 214, Denver, CO 80249; telephone
(303) 342-1080; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-0931; Project Identifier
MCAI-2022-00653-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Hal
Jensen, Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 26805 E 68th Ave., Mail Stop: Room 214,
Denver, CO 80249; telephone<PHONE_NUMBER>; email [email protected].
Any commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

Background

    The FAA issued AD 2021-05-03, Amendment 39-21864 (86 FR 72824,
December 23, 2021) (AD 2021-05-03), for certain Airbus Helicopters
Model EC225LP helicopters. AD 2021-05-03 requires visually inspecting a
certain part-numbered LH fuel supply hose for twisting, and if needed,
borescope inspecting the entire length of the inside of the fuel supply
hose for twisting. Depending on the inspection results, AD 2021-05-03
requires reinstalling or removing the fuel supply hose from service.
Additionally, AD 2021-05-03 prohibits installing that part-numbered LH
fuel supply hose on any helicopter unless that LH fuel supply hose is
installed by following certain procedures described in the
manufacturer's service bulletin. Finally, AD 2021-05-03 also requires
modifying your helicopter by removing LH fuel supply hose part number
(P/N) 704A34416087 from service and installing the improved LH fuel
supply hose P/N 704A34416101.
    AD 2021-05-03 was prompted by EASA AD 2021-0156, dated July 2, 2021
(EASA AD 2021-0156), which superseded EASA AD 2019-0092, dated April
26, 2019 (EASA AD 2019-0092), issued by EASA, which is the Technical
Agent for the Member States of the

European Union, to correct an unsafe condition for all Airbus
Helicopters Model EC 225 LP helicopters. EASA initially advised of a
report that an LH side engine experienced a power loss during an in-
flight single engine power check. EASA stated that a subsequent
investigation determined that the fuel flow to the affected engine was
restricted by a twisted fuel supply hose. EASA later advised that
Airbus Helicopters had developed an improved fuel supply hose P/N
704A34416101 and modification instructions to install the improved
part. This condition, if not addressed, could lead to a decrease of the
LH engine power when accelerating to the power setting corresponding to
One Engine Inoperative power and subsequent reduced control of the
helicopter.
    EASA AD 2021-0156 retained the requirements of EASA AD 2019-0092
and required replacing the affected part with the improved part. EASA
AD 2021-0156 also allowed a terminating action for the inspection
requirements once the improved part had been installed according to the
installation requirements.

Actions Since AD 2021-05-03 Was Issued

    Since the FAA issued AD 2021-05-03, EASA issued AD 2022-0087, dated
May 16, 2022 (EASA AD 2022-0087) to supersede EASA AD 2021-0156. EASA
advises of difficulties that were reported during installation of the
improved LH fuel supply hose due to using an inappropriately shaped
adjusting tool. Accordingly, EASA AD 2022-0087 retains the requirements
of EASA AD 2021-0156 and requires replacing the affected part with the
improved part by following updated modification instructions and using
an improved adjusting tool. The updated modification instructions also
specify updated torque values for the junction nuts and re-tightening
instructions for helicopters modified with previous instructions. EASA
AD 2022-0087 requires a repetitive inspection for fuel leakage for
those helicopters modified with previous instructions and considers the
re-tightening of the junction nuts of the improved part as terminating
action for the repetitive inspection requirements.
    Accordingly, this proposed AD would expand the applicability of AD
2021-05-03 by adding LH fuel supply hose P/N 704A34416101. The FAA also
determined to update certain compliance times by adding calendar
compliance times to factor in varying fleet usage and clarified the
actions in paragraphs (g)(1)(i) and (ii) of AD 2021-05-03. This
proposed AD also updates the parts installation limitations for LH fuel
supply hose P/N 704A34416087 and adds parts installation limitations
for LH fuel supply hose P/N 704A34416101. Lastly, this NPRM updates the
Costs of Compliance section by correcting the number of work-hours to
replace an LH fuel supply hose.

FAA's Determination

    These helicopters been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB)
No. EC225-28A026, Revision 1, dated May 6, 2022 (ASB EC225-28A026 Rev
1), which specifies procedures for modifying the adjusting tool and
replacing the LH fuel supply hose by using the modified adjusting tool.
ASB EC225-28A026 Rev 1 also specifies updated allowable torque limits
for the junction nuts and, for helicopters that have previously
accomplished Airbus Helicopters ASB No. EC225-28A026, Revision 0, dated
May 21, 2021, ASB EC225-28A026 Rev 1 specifies procedures to
repetitively inspect the junction nuts for fuel leakage until the LH
engine is removed and the updated allowable torque limit is applied to
the junction nuts.
    This proposed AD would also require Airbus Helicopters ASB No.
EC225-71A019, Revision 2, dated May 21, 2021, which the Director of the
Federal Register approved for incorporation by reference as of January
27, 2022 (86 FR 72824, December 23, 2021).
    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.

Other Related Service Information

    The FAA also reviewed Airbus Helicopters ASB No. EC225-71A019,
Revision 1, dated February 28, 2019. This service information specifies
procedures for removing the fuel supply hose from the LH power plant,
visually inspecting the fuel supply hose for twisting, and depending on
inspection results, performing an endoscope inspection on the inside of
the hose.

Proposed AD Requirements in This NPRM

    For helicopters with LH fuel supply hose P/N 704A34416087
installed, this proposed AD would require visually inspecting the LH
fuel supply hose for twisting, and if needed, borescope inspecting the
entire length of the inside of the fuel supply hose for twisting.
Depending on the inspection results, this proposed AD would require
reinstalling or removing the fuel supply hose from service. This
proposed AD would also require modifying your helicopter by removing LH
fuel supply hose P/N 704A34416087 from service and installing improved
LH fuel supply hose P/N 704A34416101 using updated procedures.
Additionally, for helicopters modified with the improved LH fuel supply
hose P/N 704A34416101 using previous procedures or if the installation
procedures cannot be determined, this proposed AD would require
repetitive inspections for fuel leakage and, depending on the results,
tightening the junction nuts of this improved fuel supply hose with the
LH side engine removed. Tightening the junction nuts would provide
terminating action for the repetitive fuel leakage inspections. Lastly,
this proposed AD would require installation limitations for LH fuel
supply hose P/N 704A34416087 and LH fuel supply hose P/N 704A34416101.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2022-0087 is applicable to all serial-numbered Model
EC225LP helicopters, whereas this proposed AD would apply to Model
EC225LP helicopters with certain part-numbered LH fuel supply hoses
installed.
    For helicopters modified with LH fuel supply hose P/N 704A34416101
in accordance with previous instructions or by installation of AH
modification 0728745 prior to initial delivery of the helicopter from
the manufacturer, EASA AD 2022-0087 requires re-tightening the junction
nuts to the new torque values during the next (re)installation of the
LH engine or of the improved fuel supply hose, whereas this proposed AD
would require that action within 110 hours time-in-service with the LH
side engine removed for helicopters with LH fuel supply hose P/N
704A34416101 installed with previous instructions, by installation of
AH modification 0728745 prior to initial delivery of the helicopter
from the manufacturer, or if the previously accomplished installation
procedures cannot be determined. Also, for those helicopters, depending
on the interim fuel leakage inspection results,

EASA AD 2022-0087 requires corrective action in accordance with
approved maintenance instructions, whereas this proposed AD would
require tightening the junction nuts to the new torque values with the
LH engine removed.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect up to 28 helicopters of U.S. Registry. Labor rates are estimated
at $85 per work-hour. Based on these numbers, the FAA estimates the
following costs to comply with this proposed AD.
    Visually inspecting the LH fuel supply hose for twisting would take
about 1 work-hour for an estimated cost of $85 per helicopter and
$2,380 for the U.S. fleet. Borescope inspecting the LH fuel supply hose
would take about 8 work-hours for an estimated cost of $680 per
helicopter.
    Replacing an LH fuel supply hose would take up to 11 work-hours and
parts would cost about $2,363 for an estimated replacement cost of
$3,298 per replacement.
    Inspecting for fuel leakage would take about 1 work-hour for an
estimated cost of $85 per helicopter, per inspection cycle. Removing
the LH engine and tightening the LH fuel supply hose fittings would
take 8 work-hours for an estimated cost of $680 per helicopter.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2021-05-03, Amendment 39-21864 (86
FR 72824, December 23, 2021); and
0
b. Adding the following new airworthiness directive:

Airbus Helicopters: Docket No. FAA-2023-0931; Project Identifier
MCAI-2022-00653-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by June 2, 2023.

(b) Affected ADs

    This AD replaces AD 2021-05-03, Amendment 39-21864 (86 FR 72824,
December 23, 2021).

(c) Applicability

    This AD applies to Airbus Helicopters Model EC225LP helicopters,
certificated in any category, with a left-hand side (LH) engine fuel
supply (fuel supply) hose part number (P/N) 704A34416087 or P/N
704A34416101 installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2820, Aircraft
Fuel Distribution System.

(e) Unsafe Condition

    This AD was prompted by a report of an incorrect installation of
the LH fuel supply hose P/N 704A34416087. The FAA is issuing this AD
to prevent restricted fuel flow to the LH engine. The unsafe
condition, if not addressed, could result in a decrease of the LH
engine power when accelerating to a power setting corresponding to
One Engine Inoperative power and subsequent reduced control of the
helicopter.

(f) Compliance

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

(g) Required Actions

    (1) For helicopters with LH fuel supply hose P/N 704A34416087
installed, within 110 hours time-in-service (TIS) or 6 months after
the effective date of this AD, whichever occurs first, visually
inspect the LH fuel supply hose for twisting as shown in Figures 1
and 2 of Airbus Helicopters Alert Service Bulletin (ASB) No. EC225-
71A019, Revision 2, dated May 21, 2021 (ASB EC225-71A019 Rev 2). If
the LH fuel supply hose has any twisting or if it cannot be
determined if the LH fuel supply hose has any twisting, before
further flight, borescope inspect the entire length of the inside of
the fuel supply hose for twisting as shown in Figures 3 through 5 of
ASB EC225-71A019 Rev 2.
    (i) If the inside of the LH fuel supply hose has any twisting,
before further flight, remove the LH fuel supply hose from service
and install an airworthy LH fuel supply hose in accordance with the
actions required by paragraphs (g)(2) or (4) of this AD.
    (ii) If the inside of the LH fuel supply hose does not have any
twisting, reinstall the LH fuel supply hose by following the
Accomplishment Instructions, paragraph 3.B.3.b., of ASB EC225-71A019
Rev 2.
    (2) For helicopters with LH fuel supply hose P/N 704A34416087
installed, within 1,200 hours TIS or 36 months after the effective
date of this AD, whichever occurs first, modify your helicopter by
removing from service LH fuel supply hose P/N 704A34416087 and
installing LH fuel supply hose P/N 704A34416101 in accordance with
the Accomplishment Instructions, paragraph 3.B.2.b., of Airbus
Helicopters ASB No. EC225-28A026, Revision 1, dated May 6, 2022 (ASB
EC225-28A026 Rev 1).
    (3) For helicopters with LH fuel supply hose P/N 704A34416101
previously installed by accomplishing Airbus Helicopters ASB No.
EC225-28A026, Revision 0, dated May 21, 2021, by installation of AH
modification 0728745 prior to initial delivery of the helicopter
from the manufacturer, or if the previously accomplished
installation procedures cannot be determined, accomplish the actions
required by paragraph (g)(3)(i) of this AD.
    (i) Within 15 hours TIS or 7 days after the effective date of
this AD, whichever occurs first, and thereafter at intervals not to
exceed 15 hours TIS or 7 days, whichever occurs first, inspect the
LH fuel supply hose for fuel leakage in the area of each junction
nut (items 1a and 1b) as depicted in Figure 1 of ASB EC225-28A026
Rev 1.
    (A) If there is any fuel leakage, before further flight, remove
the LH side engine and tighten each junction nut (items 1a and 1b)
of the LH fuel supply hose by applying the torque depicted in Figure
1 of ASB EC225-28A026 Rev 1.

    (B) If there is no fuel leakage, within 110 hours TIS after the
effective date of this AD, remove the LH side engine and tighten
each junction nut (items 1a and 1b) of the LH fuel supply hose by
applying the torque depicted in Figure 1 of ASB EC225-28A026 Rev 1.
    (ii) Tightening the junction nuts as required by paragraphs
(g)(3)(i)(A) and (B) of this AD constitutes terminating action for
the repetitive inspection required by paragraph (g)(3)(i) of this
AD.
    (4) For helicopters with LH fuel supply hose P/N 704A34416087
installed, as of the effective date of this AD, you may replace an
LH fuel supply hose P/N 704A34416087 with an LH fuel supply hose P/N
704A34416087 or reinstall an LH fuel supply hose P/N 704A34416087 on
any helicopter by following the Accomplishment Instructions,
paragraph 3.B.3.b., of ASB EC225-71A019 Rev 2, until required to
install LH fuel supply hose P/N 704A34416101 by paragraph (g)(2) of
this AD, provided one of the conditions in paragraphs (g)(4)(i)
through (iii) of this AD is met.
    (i) If installing, the LH fuel supply hose P/N 704A34416087 is
new (zero total hours TIS).
    (ii) If reinstalling, before reinstallation, the LH fuel supply
hose P/N 704A34416087 is inspected by accomplishing the actions
required by the introductory text of paragraph (g)(1) of this AD and
the inside of the LH fuel supply hose does not have any twisting.
    (iii) If reinstalling, the initial delivery of the helicopter
from the manufacturer was on or after November 30, 2018, and the LH
fuel supply hose P/N 704A34416087 has never been previously
reinstalled.
    (5) For helicopters with an LH fuel supply hose P/N 704A34416101
installed, as of the effective date of this AD, do not remove LH
fuel supply hose P/N 704A34416101 and replace it with LH fuel supply
hose P/N 704A34416087 and do not install an LH engine with an LH
fuel supply hose P/N 704A34416087 installed.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraph (g)(1) of this AD, if those actions were performed before
the effective date of this AD using Airbus Helicopters ASB No.
EC225-71A019, Revision 1, dated February 28, 2019.

(i) Special Flight Permits

    Special flight permits may be permitted provided that there are
no passengers on board and that helicopters identified in paragraph
(g)(3) of this AD have no fuel leakage.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k)(2) of
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Additional Information

    (1) Refer to European Union Aviation Safety Agency (EASA) AD
2022-0087, dated May 16, 2022, for related information. This EASA AD
may be found in the AD docket at regulations.gov under Docket No.
FAA-2023-0931.
    (2) For more information about this AD, contact Hal Jensen,
Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 26805 E 68th Ave., Mail Stop: Room 214,
Denver, CO 80249; telephone<PHONE_NUMBER>; email
[email protected].
    (3) Service information identified in this AD that is not
incorporated by reference is available at the contact information
specified in paragraphs (l)(5) and (6) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
    (i) Airbus Helicopters Alert Service Bulletin No. EC225-28A026,
Revision 1, dated May 6, 2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
January 27, 2022 (86 FR 72824, December 23, 2021).
    (i) Airbus Helicopters Alert Service Bulletin No. EC225-71A019,
Revision 2, dated May 21, 2021.
    (ii) [Reserved]
    (5) For Airbus Helicopters service information identified in
this AD, contact Airbus Helicopters, 2701 North Forum Drive, Grand
Prairie, TX 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(972) 641-3775; or at airbus.com/helicopters/services/technical-support.html.
    (6) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (7) 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, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 11, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-08015 Filed 4-17-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 8, 2010 (Volume 75, Number 130)]
[Notices]
[Page 39324]
[DOCID:fr08jy10-144]

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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary: Notice of Applications for Certificates
of Public Convenience and Necessity and Foreign Air Carrier Permits
Filed Under Subpart B (formerly Subpart Q) During the Week Ending June
26, 2010

    The following Applications for Certificates of Public Convenience
and Necessity and Foreign Air Carrier Permits were filed under Subpart
B (formerly Subpart Q) of the Department of Transportation's Procedural
Regulations (See 14 CFR 301.201 et seq.). The due date for Answers,
Conforming Applications, or Motions to Modify Scope are set forth below
for each application. Following the Answer period DOT may process the
application by expedited procedures. Such procedures may consist of the
adoption of a show-cause order, a tentative order, or in appropriate
cases a final order without further proceedings.
    Docket Number: DOT-OST-2010-0163.
    Date Filed: June 24, 2010.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: July 15, 2010.
    Description: Application of Continental Airlines, Inc., and United
Air Lines, Inc. requesting: (1) Approval of a defacto transfer of the
certificates and other economic authority held by Continental,
Continental Micronesia and Air Micronesia to the same carriers under
common ownership with United and vice versa, (2) reissue the
certificates and other authority issued to Continental, Continental
Micronesia and Air Micronesia to Continental and/or United, and (3)
reissue the certificates and other authority issued to United to United
and/or Continental, Continental Micronesia and Air Micronesia.

Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 2010-16614 Filed 7-7-10; 8:45 am]
BILLING CODE 4910-9X-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY                 NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY                              2000 TRAVERWOOD ROAD                            ANN ARBOR, MI  48105-2498

									          	OFFICE OF 										AIR AND RADIATION

July 22, 2011

MEMORANDUM

SUBJECT:	Meeting with Hino

FROM:	Angela Cullen, Mechanical Engineer

TO:		Docket EPA-HQ-OAR-2010-0162

	This memorandum documents a meeting held on January 14, 2011 between Hino, DOT, and EPA.  The attendees of the meeting were:

      Hino: Seiichi Yamaguchi, Dr. Yoshiinhide Takenaka, Sato Chikako, Richard Gezelle              DOT:  Angel Jackson              EPA:  Cle Jackson, James, Sanchez, Byron Bunker, Houshun Zhang

The meeting also discussed the evaluation of HILS test procedures.


SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY STANDARDS OF PERFORMANCE National Emission Standard for Beryllium, 40 CFR Part 61, Subpart C 1. Identification of the Information Collection 1( a) Title of the Information Collection ICR for National Emission Standards for Hazardous Air Pollutants ( NESHAP) for Beryllium, 40 CFR Part 61, Subpart C.

2( b) Short Characterization/ Abstract The NESHAP standard for Beryllium was proposed on December 7, 1971 ( 36 F. R. 23939) and promulgated on April 6, 1973 ( 38 F. R. 8826). This standard applies to all extraction plants, ceramic plants, foundries, incinerators, and propellant plants which process beryllium ore, beryllium, beryllium oxide, beryllium alloys, or beryllium containing waste. The standard also applies to machine shops which process beryllium, beryllium oxides, or any alloy when such alloy contains more than five percent beryllium by weight. All sources known to have caused, or to have the potential to cause, dangerous levels of beryllium in the ambient air are covered by the Beryllium NESHAP. This information is being collected to assure compliance with 40 CFR Part 61, Subpart C.

In general, all NESHAP standards require owners or operators of the affected facilities to submit one time only notifications including: notification of any physical or operational change to an existing facility which may increase the regulated pollutant emission rate, notification of the initial performance test, including information necessary to determine the conditions of the performance test, and performance test measurements and results. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all sources subject to NESHAP.

Specifically, most facilities subject to 40 CFR Part 61, Subpart C will meet the standard by means of a one time only initial stack test. However, those existing facilities that have elected to comply with an alternative ambient air quality limit are required to operate a continuous monitor in the vicinity of the affected facility. The monitoring requirements for these facilities provide information on ambient air quality and ensure that locally, the airborne beryllium concentration does not exceed 0.01 micrograms/ m3. For those complying by ambient monitoring, a monthly report of all measured concentrations shall be submitted to the Administrator.

Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated State or Local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA Regional Office. Previous ICRs and a telephone consultation with the EPA's Office of Air Quality and Standards indicate that there has been no growth in industry size for the SIC codes affected by the Beryllium NESHAP. There are approximately 236 existing sources subject to this rule. Of the total number of existing sources, we have assumed that approximately 10 sources have elected to comply with this rule by monitoring ambient air beryllium concentrations and the remaining 226 sources have elected to comply with the rule by conducting a one time only stack test to determine beryllium emission levels. We also assumed that 10 percent of the 226 sources ( or 23 respondents) complying with the emission limit standard will engage in an operational change at their facilities that could potentially increase beryllium emissions, and would be required to repeat the stack test to determine the beryllium emission limits, and consequently will have recordkeeping and reporting requirements associated with this activity. No additional sources are expected to become subject to the standard in the next three years. Therefore, there are 33 respondents for the purpose of determining the recordkeeping and reporting burden associated with this rule.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 112 of the Clean Air Act, as Amended, to establish standards of performance for each category or subcategory of major sources and area sources of hazardous air pollutants. These standards are applicable to new or existing sources of hazardous air pollutants and shall require the maximum degree of emission reduction.

In addition, Section 114( a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

"( A) Establish and maintain such records; ( B) make such reports; ( C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; ( D) sample such emissions ( in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); ( E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; ( F) submit compliance certifications in accordance with Section 114( a)( 3); and ( G) provide such other information as the Administrator may reasonably require."

In the Administrator's judgment, beryllium emissions from extraction plants, ceramic plants, foundries, incinerators, and propellant plants and machine shops which process beryllium ore, beryllium, beryllium oxide, beryllium alloys, or beryllium containing waste ( for machine shops these should have a five percent beryllium by weight) cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, NESHAP standards were promulgated for this source category at 40 CFR Part 61, Subpart C. 2( b) Practical Utility/ Users of the Data The control of emissions of beryllium from extraction plants, ceramic plants, foundries, incinerators, and propellant plants and machine shops ( when alloy contains more than five percent beryllium by weight) which process beryllium ore, beryllium, beryllium oxide, beryllium alloys, or beryllium containing waste requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of beryllium from the subject stationary sources are the result of operation of processing beryllium ore, beryllium, beryllium oxide, beryllium alloys, or beryllium containing waste.

These standards rely on individual facilities to ensure that beryllium stack emissions, or local ambient concentrations, do not exceed the established limits. The required notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. The reviewing authority may then inspect the source to ensure that stack emission or ambient concentration limits are being met. The initial performance test report for stack tests and the request to comply with the ambient beryllium concentration limit in the vicinity of the stationary source supported with 3 years of data, ending 30 days before the effective date of the standard, are needed as these are the Agency's record of a source's initial capability to comply with the emission standard, and serve as a record of the operating conditions under which compliance will be achieved.

The information generated by the monitoring, recordkeeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the NESHAP continue to operate the control equipment and achieve compliance with the standard. The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria The recordkeeping and reporting requested is required under 40 CFR Part 61.

3( a) Nonduplication If the standard has not been delegated, the information is sent to the appropriate EPA Regional Office. Otherwise, the information is sent directly to the delegated State or Local Agency. If a State or Local Agency has adopted their own similar regulation to implement the Federal Regulation, a copy of the report submitted to the State or Local Agency can be sent to the Administrator in lieu of the report required by the Federal Standard. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on February 1, 2001.

3( c) Consultations No comments were received on the burden published in the Federal Register.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the required standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

3( e) General Guidelines None of these reporting or recordkeeping requirements violate any of the regulations established by OMB in 5 CFR 1320.6.

3( f) Confidentiality The required information consists of emissions data and other information that have been determined not to be private. However, any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents of the recordkeeping and reporting requirements are described in the following table:

Industry Classification ( IC) using SICs SIC Codes NAICS Codes Corresponding IC using NAICs Industrial Inorganic Chemicals, Not Elsewhere Classified 2819 325188 All Other Basic Inorganic Chemical Manufacturing Primary Smelting and Refining of Nonferrous Metals, Except Copper and Aluminum 3339 331419 Primary Smelting and Refining of Nonferrous Metal ( except Copper and Aluminum) Non Ferrous Foundaries, Except Aluminum and Copper 3369 331528 Other Nonferrous Foundries ( except Die Casting)

Industrial and Commercial Machinery and Equipment, Not Elsewhere Classified 3599 33271 Machine Shops Refuse Systems 4953 562211 56292 Hazardous Waste Treatment and Disposal; and Materials Recovery Facilities 4( b) INFORMATION REQUESTED ( i) Data Items All data in this ICR that is recorded and/ or reported is required by 40 CFR Part 61, Subpart C.

A source must make the following reports:

Reports for NESHAP, SUBPART C Construction or modification application 61.07 Anticipated startup 61.09( a)( 1)

Actual startup 61.09( a)( 2)

Initial performance test results 61.13( f), 61.33( d)

Notification of emission tests 61.13( c), 61.33( b)

Notification requesting approval to meet an ambient concentration limit on beryllium in the vicinity of the stationary source ( alternative standard) 61.32( b)

Source status report: For facilities complying by ambient monitoring, a monthly report of all measured beryllium concentrations shall be submitted to the Administrator 61.10( a), 61.34 ( d) A source must maintain the following records:

Recordkeeping for NESHAP, SUBPART C Startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative due to maintenance and calibration, for changing filters, or for replacement equipment needing major repair. 61.34( b)

Emission test results and other data needed to determine emissions 61.13( g), 61.34( c)

Records are required to be retained for 2 years. 61.34( c)

ii. Respondent Activities include:

Respondent Activities Read instructions.

For facilities that have elected to comply with an alternative ambient air quality limit, install, calibrate, maintain, and operate a continuous monitor in the vicinity of the affected facility to measure beryllium concentrations.

For facilities complying by ambient monitoring, perform emission testing to determine berylium emissions to the atmosphere according to Method 104 or Method 103 ( an alternative method needing approval) of appendix B to Part 61.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Adjust the existing ways to comply with any previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

The owner may retain records on microfilm, on a computer, on computer disks, on magnetic tape, or on microfiche. It may also report using a labeled computer disc using a compatible software.

5. The Information Collected  Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities Observe emission testings conducted to determine emissions from a source, if complying with the emission limit standard.

Review notifications and reports, including monthly emission test reports, required if source complying with the ambient air emission standard.

Audit facility records.

Input, analyze, and maintain data in the AFS [ AIRS ( Aerometric Information Retrieval System) Facility Subsystem] database.

5( b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The monthly reports, if complying with the ambient concentration limit, and the results of stack tests conducted when an operational change occurs that may cause an increase on beryllium emissions are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into AFS which is operated and maintained by EPA's Office of Air Quality Planning and Standards. AFS is EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 industrial and government owned facilities. EPA uses AFS for tracking air pollution compliance and enforcement by Local and State regulatory agencies, and EPA Regional Offices and Headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or operator for two years.

5( c) Small Entity Flexibility Most of the recordkeeping and reporting activities under this subpart apply to new or modified sources only, and no additional sources are anticipated during the next three years. Consequently, the recordkeeping and reporting burden is quite low, even for small businesses. Only those facilities ( approximately 10) that elect to perform ambient air monitoring will have monthly reports to submit.

In general, the recordkeeping and reporting requirements were selected within the context of this specific subpart and the specific process equipment and pollutant( s). The impact on small businesses was accounted for in the regulation development; thus the requirements reflect the burden on small businesses. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced. The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small businesses.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown in Table 2: Industry Burden.

6. Estimating the Burden and Cost of the Collection Table 2 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory ( 40 CFR Part 61, Subpart C).

The 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.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated at 2,231.6 person hours. Details upon which this estimate is based appear in Table 2: Industry Burden. These hours are based on Agency studies and background documents from the development of the standards or test methods, Agency knowledge and experience with the NESHAP program, the previously approved ICR, and any comments received.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses a technical labor rate of $ 55.34 per hour. This rate is from the United States Department of Commerce Bureau of Labor Statistics, March 2000, Table 10: Employment Costs for Private Industry by Occupational and Industry Group. The rate is from column 1: Total Compensation. The wage rates have been loaded by adding 110% overhead ($ 55.34 = $ 26.35 + 110%). The records and reports required under this subpart are routine, and therefore, entered and/ or submitted by plant technicians. The recordkeeping and reporting requirements do not involve clerical or managerial hours.

( ii) Estimating Capital and Operations and Maintenance Costs The type of industry costs associated with the information collection activity in the standards are labor and continuous ambient monitoring systems. There are no capital start up costs since no new facility is expected to become subject to the standard. The annual operations and maintenance costs are the ongoing costs to maintain the monitors. The total respondent costs are calculated by adding the capital start up costs and the annual operations and maintenance costs.

( iii) Capital/ Start up vs. Operating and Maintenance ( O& M) Costs There are no capital start up costs since no new facilities will become subject to the standard over the next three years. This cost is shown on the OMB 83 I form in block 14 letter a: Total annualized capital/ startup costs.

The annual operations and maintenance costs are $ 35,000. These costs are based on the assumption that 10 facilities elected to comply with the ambient air monitoring standard, and will need to operate and maintain an ambient monitor to measure beryllium emissions at a cost of $ 3,500 a year ( See table below for calculation). This cost is shown on the OMB 83 I form in block 14 letter b: Total annual costs ( O& M).

As mentioned above, the total respondent costs are calculated by adding the capital start up costs and the annual operations and maintenance costs. Since there are no capital cost, the respondent costs are associated only with the operations and maintenance costs to industry over the next three years of the ICR which is estimated to be $ 35,000. This cost is shown on the OMB 83 I form in block 14 letter c: Total annualized cost requested.

Capital/ Start up vs. Operating and Maintenance ( O& M) Costs Continuous Monitoring device ( A) Annual O& M costs ($) for 1 affected facility ( B) # of affected facilities with O& M Total O& M ( AXB)

ambient monitor $ 3,500 10 $ 35,000 6( c) Estimating Agency Burden and Cost The only Federal costs are user costs associated with analysis of the reported information. Publication and distribution of the information are part of the AIRS program. Examination of records to be maintained by the respondents will occur as part of the periodic inspection of sources, which is part of EPA's overall compliance and enforcement program.

The average annual Federal Government cost during the 3 years of the ICR is estimated to be $ 8,003. This cost is based on an average labor rate of a GS 10 step 1 employee rate times a 1.6 government benefits multiplication factor to account for overhead expenses for a total of a $ 28.08 hourly rate. This rate is from OPM's 2001 General Schedule ( GS) hourly salary data, excluding locality pay, basic rates, and travel associated with compliance activities. Details upon which this estimate is based appear in Table 1: Agency Burden.

6( d) Estimating the Respondent Universe and Total Burden and Costs There are 236 sources subject to the standard. However, only 33 sources are respondents since most facilities ( i. e., 203 facilities) complied with this standard by conducting a one time stack test. Of the 33 sources, 10 sources are complying with the emission limit standard and 23 are complying with the ambient monitoring standard. We assume that there has been no growth in industry size for the SIC codes affected by the Beryllium NESHAP. This number is shown on the OMB 83 I form in block 13 a. This is the number of existing sources plus the number of new sources anticipated in one year.

The total annual responses is 166. This number is based on the number of reporting occurrences per plant per year times the number of plants per year required to submit such reports. It is shown on the OMB 83 I form in block 13 b. The total annual labor costs are $ 123,496.7. This number is shown on the OMB 83 I form in block 13 c. Details upon which this estimate is based appear in Table 2: Industry Burden.

The total annual capital and O& M costs to the regulated entity are $ 35,000 This number is shown on the OMB 83 I form in block 14 c. These costs are detailed in section 6 b ( iii) Capital/ Start up vs. Operating and Maintenance ( O& M) Costs.

6( e) Bottom Line Burden Hours And Cost Tables Refer to the Attachment for Tables 1 and 2.

6( f) Reasons for Change in Burden There is no increase in burden hours from the most recently approved ICR, however, the cost for recordkeeping and reporting requirements has increase due to an increase in labor rates.

6( g) Burden Statement Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. 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. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, Office of Environmental Information ( OEI), U. S. Environmental Protection Agency, Mail code 2822, 1200 Pennsylvania Avenue, Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number and OMB Control Number in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information.


[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Notices]
[Pages 21852-21853]
[FR Doc No: 2020-07263]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10006-91-OW]

Notice of Availability of the Deepwater Horizon Oil Spill
Louisiana Trustee Implementation Group Draft Supplemental Restoration
Plan and Environmental Assessment for the Cypremort Point State Park
Improvements Project Modification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; request for public comments.

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SUMMARY: On July 20, 2018, the Environmental Protection Agency (EPA)
published a Notice of Availability of the Deepwater Horizon Oil Spill
Louisiana Trustee Implementation Group (Louisiana TIG) Final
Restoration Plan and Environmental Assessment #4: Nutrient Reduction
(Nonpoint Source) and Recreational Use (RP/EA #4). The Louisiana TIG is
considering modifications to the Cypremort Point State Park
Improvements (Cypremort Improvements) project originally described in
the RP/EA #4. The modifications being considered include replacing the
original proposed breakwater system project feature with construction
of a recreational vehicle (RV) campground, associated infrastructure,
and amenities at the park. In accordance with the Oil Pollution Act of
1990 (OPA) and the National Environmental Policy Act (NEPA), the
Federal and State natural resource trustee agencies for the Louisiana
TIG prepared a Draft Supplemental Restoration Plan and Environmental
Assessment for the Cypremort Point State Park Improvements Project
Modification (Supplemental RP/EA). The Supplemental RP/EA evaluates
modifications to the Cypremort Improvements project and alternatives
considered by the Louisiana TIG under criteria set forth in the OPA
natural resource damage assessment (NRDA) regulations and evaluates the
environmental effects in accordance with the NEPA. The modifications
under consideration to the Cypremort Improvements project are
consistent with the restoration alternatives selected in the Deepwater
Horizon Oil Spill Final Programmatic Damage Assessment and Restoration
Plan/Programmatic Environmental Impact Statement (PDARP/PEIS). This
notice informs the public of the availability of the Supplemental RP/EA
and provides an opportunity for the public to submit comments on the
document.

DATES: The Louisiana TIG will consider public comments received on or
before May 20, 2020.
    Public Webinar: The Louisiana TIG will conduct a public webinar on
April 28, 2020, at 12 p.m. Central Daylight Time to facilitate public
review and comment on the Supplemental RP/EA. The public webinar will
include a presentation on the Supplemental RP/EA. Public comments will
be taken during the public webinar. The public may register for the
webinar at https://attendee.gotowebinar.com/register/2110487686130281741. After registering, participants will receive a
confirmation email with instructions for joining the webinar. The
presentation will be posted on the web shortly after the webinar is
conducted.

ADDRESSES: Obtaining Documents: You may download the Supplemental RP/EA
at any of the following sites:
 http://www.gulfspillrestoration.noaa.gov
 http://www.la-dwh.com
    Alternatively, you may request a CD of the Supplemental RP/EA (see
FOR FURTHER INFORMATION CONTACT). You may also view the document at any
of the public facilities listed at http://www.gulfspillrestoration.noaa.gov.
    Submitting Comments: You may submit comments on the Supplemental
RP/EA by one of the following methods:

 Via the Web: http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana
 Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box 29649,
Atlanta, GA 30345
 During the Public Webinar: Comments may be provided by the
public during the webinar on April 28, 2020
    Once submitted, comments cannot be edited or withdrawn. The
Louisiana TIG may publish any comment received on the document. Do not
submit electronically any information you

consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The Louisiana
TIG will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). Please be aware that your entire comment,
including your personal identifying information, will become part of
the public record. Please note that mailed comments must be postmarked
on or before the comment deadline of 30 days following publication of
this notice to be considered.

FOR FURTHER INFORMATION CONTACT:
 Louisiana--Joann Hicks,<PHONE_NUMBER>
 EPA--Douglas Jacobson,<PHONE_NUMBER>

SUPPLEMENTARY INFORMATION:

Introduction

    On April 20, 2010, the mobile offshore drilling unit Deepwater
Horizon, which was being used to drill a well for BP Exploration and
Production, Inc. (BP), in the Macondo prospect (Mississippi Canyon 252-
MC252), experienced a significant explosion, fire, and subsequent
sinking in the Gulf of Mexico, resulting in the release of an
unprecedented volume of oil and other discharges from the rig and from
the wellhead on the seabed. The Deepwater Horizon oil spill is the
largest offshore oil spill in U.S. history, discharging millions of
barrels of oil over a period of 87 days. The Trustees conducted the
natural resource damage assessment for the Deepwater Horizon oil spill
under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.). Under the
OPA, Federal and State agencies act as trustees on behalf of the public
to assess natural resource injuries and losses and to determine the
actions required to compensate the public for those injuries and
losses. The OPA further instructs the designated trustees to develop
and implement a plan for the restoration, rehabilitation, replacement,
or acquisition of the equivalent of the injured natural resources under
their trusteeship, including the loss of use and services from those
resources from the time of injury until the time of restoration to
baseline (the resource quality and conditions that would exist if the
spill had not occurred) is complete.
    The Deepwater Horizon oil spill Trustees are:
     U.S. Environmental Protection Agency (EPA);
     U.S. Department of the Interior (DOI), as represented by
the National Park Service, U.S. Fish and Wildlife Service, and Bureau
of Land Management;
     National Oceanic and Atmospheric Administration (NOAA), on
behalf of the U.S. Department of Commerce;
     U.S. Department of Agriculture (USDA);
     State of Louisiana Coastal Protection and Restoration
Authority (CPRA), Oil Spill Coordinator's Office (LOSCO), Department of
Environmental Quality (LDEQ), Department of Wildlife and Fisheries
(LDWF), and Department of Natural Resources (LDNR);
     State of Mississippi Department of Environmental Quality;
     State of Alabama Department of Conservation and Natural
Resources and Geological Survey of Alabama;
     State of Florida Department of Environmental Protection
and Fish and Wildlife Conservation Commission; and
     State of Texas Parks and Wildlife Department, General Land
Office, and Commission on Environmental Quality.
    On April 4, 2016, the Trustees reached and finalized a settlement
of their natural resource damage claims with BP in a Consent Decree
approved by the United States District Court for the Eastern District
of Louisiana. Pursuant to that Consent Decree, restoration projects in
the Louisiana Restoration Area are chosen and managed by the Louisiana
TIG. The Louisiana TIG is composed of the following Trustees: CPRA,
LOSCO, LDEQ, LDWF, LDNR, EPA, DOI, NOAA, USDA.

Background

    The original scope of the Cypremort Improvements project was
evaluated in the RP/EA #4, which was published in the Federal Register
at 83 FR 34571 on July 20, 2018. As proposed in the RP/EA #4, the
project would entail a variety of park enhancements including beach
restoration, marsh boardwalk and trail construction, road and jetty
repairs, and replacement of the breakwater system that helps protect
the park's recreational beach. Following completion of the RP/EA #4,
the Louisiana Office of State Parks was successful in securing other
non-NRDA funding to construct the breakwater system that was originally
proposed as a component of the Cypremort Improvements project. The
Louisiana TIG prepared the Supplemental RP/EA to evaluate modifications
to the Cypremort Improvements project and consider alternatives,
consistent with the purpose and need of the original project.
Alternatives considered in the Supplemental RP/EA include replacing the
original proposed breakwater system project feature with construction
of an RV campground, associated infrastructure, and amenities at the
park. The Louisiana TIG prepared the Supplemental RP/EA to inform the
public about potential modifications to the Cypremort Improvements
project and to seek public comment.

Next Steps

    The public is encouraged to review and comment on the Supplemental
RP/EA. A public webinar is scheduled to help facilitate the public
review and comment process. After the public comment period ends, the
Louisiana TIG will consider the comments received before issuing a
Final Supplemental RP/EA. A summary of comments received and the
Louisiana TIG's responses and any revisions to the document, as
appropriate, will be included in the final document. Public comments on
the Supplemental RP/EA will inform the Louisiana TIG's decision on
whether to select the Cypremort Improvements project, as modified, in
the Final Supplemental RP/EA.

Administrative Record

    The documents comprising the Administrative Record for the
Supplemental RP/EA can be viewed electronically at https://www.doi.gov/deepwaterhorizon/adminrecord.

Authority

    The authority for this action is the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.), its implementing NRDA regulations found at 15 CFR
part 990, and the NEPA (42 U.S.C. 4321 et seq.).

    Dated: March 31, 2020.
Benita Best-Wong,
Deputy Assistant Administrator, Office of Water.
[FR Doc. 2020-07263 Filed 4-17-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 188 (Thursday, September 27, 2012)]
[Notices]
[Pages 59439-59441]
[FR Doc No: 2012-23798]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67904; File No. SR-NASDAQ-2012-106]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Offer Members the Ability To Pay a Regulatory Fine Pursuant to an
Installment Plan

September 21, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 14, 2012, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

    The Exchange proposes a rule change to offer members the ability to
pay a regulatory fine pursuant to an installment plan, under certain
conditions. The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com, at the Exchange's principal office, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    NASDAQ is proposing to amend Rule 8320 governing ``Payment of
Fines, Other Monetary Sanctions, or Costs; Summary Action for Failure
to Pay'' to offer members the ability to pay a regulatory fine pursuant
to an installment plan, under certain conditions. In order for a member
to be eligible to pay a regulatory fine via an installment plan, the
fine under the applicable letter of acceptance, waiver, and consent
(``AWC'') \3\ must be $50,000 or more. A fine of less than $50,000 is
not eligible for the installment plan. When submitting its AWC, the
member must check the installment plan option on the election of
payment form included with the AWC. A sample election of payment form
and AWC are included in Exhibit 3 \4\ to this proposed rule change. A
down payment of twenty-five percent (25%) or more of the total fine
must be submitted with the signed AWC.
---------------------------------------------------------------------------

    \3\ See NASDAQ Rule 9216(a).
    \4\ The Commission notes that Exhibit 3 is an exhibit to the
proposed rule change, not to this Notice.
---------------------------------------------------------------------------

    After receipt of the AWC and down payment, an installment package,
including a promissory note and payment schedule, will be mailed to the
member. A sample promissory note and payment schedule are included in
Exhibit 3 to this proposed rule change. The member must then submit an
executed (signed and notarized) promissory note for the unpaid balance

of the fine, along with its first installment payment. The term of the
installment plan may not exceed four years after the execution of the
AWC. The member may elect monthly or quarterly payments.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\5\ in general, and with Section
6(b)(5) of the Act,\6\ in particular, in that the proposal is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. In addition, NASDAQ believes
that the proposed rule change is consistent with the provisions of
Section 6(b)(6) and 6(b)(7) of the Act,\7\\\ which require an exchange
to provide fair procedures for the disciplining of members and persons
associated with members. Specifically, NASDAQ believes that the
proposal will promote the settlement of disciplinary cases by allowing
members to make installment payments. NASDAQ believes that settlement
is a beneficial method of disciplining members because it imposes
meaningful sanctions on the member while avoiding the cost and
uncertainty of a protracted disciplinary proceeding. NASDAQ further
believes that affording members with the opportunity to pay a
regulatory fine over a period of time may allow NASDAQ to impose higher
fines in appropriate circumstances and diminish the risk that
sanctioned members will fail to pay.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ 15 U.S.C. 78f(b)(6) and (b)(7).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor 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) of the Act \8\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 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 the filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\11\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that NASDAQ may
offer members that are contemplating the execution of an AWC the option
of entering into an installment arrangement as soon as possible. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest as
it will provide members the option of paying large fines in
installments.\12\ Therefore, the Commission hereby waives the 30-day
operative delay and designates the proposed rule change to be operative
upon filing with the Commission.
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change 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-NASDAQ-2012-106 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-NASDAQ-2012-106. 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 on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal offices
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-
NASDAQ-2012-106, and should be submitted on or before October 18, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-23798 Filed 9-26-12; 8:45 am]
BILLING CODE 8011-01-P