[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Proposed Rules]
[Pages 21958-21960]
[FR Doc No: 2017-09563]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0331]
RIN 1625-AA00

Safety Zone; Thunder on the Outer Harbor; Buffalo Outer Harbor,
Buffalo, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for certain waters of the Buffalo Outer Harbor during the Thunder on
the Outer Harbor boat races. This proposed rulemaking would prohibit
persons and vessels from being in the safety zone unless authorized by
the Captain of the Port Buffalo or a designated representative. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 16, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0331 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Michael Collet, Chief of
Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9343, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    United States Coast Guard Sector Buffalo was notified by Niagara
Frontier Antique and Classic Boats along with BR Guest Inc. that there
would be a boat race held on July 22 and 23, 2017 from 10:00 a.m. to
4:00 p.m. on the Buffalo Outer Harbor. Hazards from the boat race
include high speed vessels. The Captain of the Port Buffalo (COTP) has
determined that potential hazards associated with the Thunder on the
Outer Harbor boat race would be a safety concern for anyone within the
designated course encompassed by all waters of the Outer Harbor,
Buffalo, NY starting at position 42[deg]52'21'' N. and 078[deg]53'14''
W. then West to 42[deg]52'15'' N. and 078[deg]53'32'' W. then South to
42[deg]51'41'' N. and 078[deg]53'02'' W. then East to 42[deg]51'46'' N.
and 078[deg]52'45'' W. (NAD 83) then returning to the point of origin.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the above stated points before, during,
and after the scheduled event. The Coast Guard proposes this rulemaking
under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary safety zone, enforced
intermittently, from 9:45 a.m. to 4:15 p.m. on July 22 and 23, 2017.
The safety zone will encompass all waters of the Outer Harbor, Buffalo,
NY starting at position 42[deg]52'21'' N. and 078[deg]53'14'' W. then
West to 42[deg]52'15'' N. and 078[deg]53'32'' W. then South to
42[deg]51'41'' N. and 078[deg]53'02'' W. then East to 42[deg]51'46'' N.
and 078[deg]52'45'' W. (NAD 83) then returning to the point of origin.
The duration of the zone is intended to ensure the safety of vessels
and these navigable waters before, during, and after the scheduled
10:00 a.m. to 4:00 p.m. boat races. No vessel or person would be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs''), directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
    This NPRM has not been designated a ``significant regulatory
action,'' under Executive Order 12866. Accordingly, the NPRM has not
been reviewed by the Office of Management and Budget.
    As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone, which would
impact a small designated area of the Buffalo Outer Harbor, by
transiting a short distance in Lake Erie. The safety zone would also
have built in times where vessels will be able to transit though
between race heats. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the
rule would allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    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.
    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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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.

If you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves an
intermittently enforced safety zone lasting 6.5 hours per day that
would prohibit entry into the boundaries created by points starting at
position 42[deg]52'21'' N. and 078[deg]53'14'' W. then West to
42[deg]52'15'' N. and 078[deg]53'32'' W. then South to 42[deg]51'41''
N. and 078[deg]53'02'' W. then East to 42[deg]51'46'' N. and
078[deg]52'45'' W. (NAD 83) then returning to the point of origin.
Normally such actions are categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of Commandant Instruction
M16475.lD. A preliminary Record of Environmental Consideration (REC)
supporting this determination is available in the docket where
indicated under the ADDRESSES section of this preamble. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, 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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR
1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0331 to read as follows:

Sec.  165.T09-0331  Safety Zone; Thunder on the Outer Harbor; Buffalo
Outer Harbor, Buffalo, NY.

    (a) Location. The safety zone will encompass all waters of the
Outer Harbor, Buffalo, NY starting at position 42[deg]52'21'' N. and
078[deg]53'14'' W. then West to 42[deg]52'15'' N. and 078[deg]53'32''
W. then South to 42[deg]51'41'' N. and 078[deg]53'02'' W. then East to
42[deg]51'46'' N. and 078[deg]52'45'' W. (NAD 83) then returning to the
point of origin.
    (b) Enforcement Period. This rule is effective from 9:45 a.m. until
4:15 p.m. on July 22, 2017, and from 9:45 a.m. until 4:15 p.m. on July
23, 2017.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port Buffalo or
his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.

    Dated: May 2, 2017.
J.S. DuFresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-09563 Filed 5-10-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57701-57703]
[FR Doc No: 2020-17653]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2020-0289; FRL-10013-51-Region 7]

Air Plan Approval; Missouri; Control of Emissions From Industrial
Surface Coating Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State Implementation Plan (SIP) for
the State of Missouri. This final action will amend the SIP to revise a
Missouri regulation that restricts emissions of volatile organic
compounds (VOCs) from industrial surface coating operations in Clay,
Jackson, and Platte Counties in Missouri. Specifically, the revisions
to the rule remove restrictive words, adds exemptions, includes
definitions specific to the rule, corrects test method references,
removes obsolete requirements specific to sources that have closed,
changes sections to the standard rule format, and makes minor
clarifications and grammatical changes. The exemptions were added to
make this rule consistent with the St. Louis version of this rule, 10
Code of State Regulation (CSR) 10-

5.330 Industrial Surface Coating Operations. These exemptions are not
expected to result in an emission increase. The other revisions are
administrative in nature and do not impact the stringency of the SIP or
air quality. The EPA's approval of this rule revision is in accordance
with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on October 16, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2020-0289. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: William Stone, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7714; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving the revisions to 10 CSR 10-2.230 Control of
Emissions from Industrial Surface Coating Operations in the Missouri
SIP. The revisions to the rule remove restrictive words, adds
exemptions, add definitions to the rule rather than referring to
definitions in a separate rule, corrects test method references,
removes obsolete requirements specific to sources that have closed,
changes sections to the standard rule format, and makes minor
clarifications and grammatical changes. These revisions are described
in detail in the technical support document (TSD) included in the
docket for this action. The EPA solicited comments on the proposed
revision to Missouri's SIP, and received one comment in support of the
action.

II. Have the requirements for approval of a SIP revision been met?

    The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided public notice of the revisions from August 1, 2018, to
October 4, 2018, and held a public hearing on September 27, 2018. The
state received and addressed eight comments. In addition, as explained
above and in more detail in the technical support document (TSD) which
is part of this document, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.

III. What action is the EPA taking?

    The EPA is taking final action to approve Missouri's request to
amend 10 CSR 10-2.230.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
Missouri Regulations described in the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 7 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
    Therefore, these materials have been approved by the EPA for
inclusion in the State Implementation Plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of the EPA's approval, and will be incorporated by reference
in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968, May 22, 1997.
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V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement

Fairness Act of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this action and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 16, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Volatile organic compounds.

    Dated: August 6, 2020.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by revising
the entry ``10-2.230'' to read as follows:

Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                       EPA--Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
       Missouri citation                Title        effective date   EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
10-2.230.......................  Control of               3/30/2019  9/16/2020, [insert  .......................
                                  Emissions from                      Federal Register
                                  Industrial                          citation].
                                  Surface Coating
                                  Operations.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-17653 Filed 9-15-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 70 (Friday, April 11, 2014)]
[Notices]
[Pages 20283-20285]
[FR Doc No: 2014-08125]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71890; File No. SR-NYSE-2014-18]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending Its Price List for Certain Executions at the Opening

April 7, 2014.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on March 26, 2014, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Price List for certain
executions at the opening. The Exchange proposes to implement the fee
change effective April 1, 2014. The text of the proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, 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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to amend its Price List for certain
executions at the opening.\4\ The Exchange proposes to implement the
fee change effective April 1, 2014.
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    \4\ The proposed pricing would only apply to securities priced
$1.00 or greater. The existing pricing for executions at the opening
in securities priced below $1.00 would remain unchanged (i.e., 0.3%
of the total dollar value of the transaction). Designated Market
Maker (``DMM'') executions at the opening would continue to not be
charged.
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    The Exchange currently charges a fee of $0.0005 per share for
executions at the opening or at the opening only orders, subject to a
monthly fee cap of $15,000 per member organization for such executions.
The Exchange proposes to raise the fee to $0.0010 per share and the
monthly fee cap to $20,000 per member organization.
    The proposed change is not otherwise intended to address any other
issues, and the Exchange is not aware of any problems that members and
member organizations would have in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\6\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that it is reasonable to increase the fee and
corresponding fee cap for executions at the opening because members and
member organizations benefit from the substantial amounts of liquidity
that are present on the Exchange during such time. The proposed new
rate of $0.0010 for the fee is reasonable because it will strike a more
appropriate balance between encouraging liquidity at the opening and
generating adequate revenues for the Exchange. The Exchange notes that
it has not increased the fee in nearly five years or the fee cap in
more than two years.\7\ The increase to the fee cap is also reasonable
in light of the proposed increase in the fee because member
organizations would otherwise reach the fee cap twice as quickly. The
Exchange believes that it is reasonable to increase the fee cap for
executions at the opening because a member organization that reaches
the cap would continue to be charged a marginal [sic] rate for its
transactions at the opening that is lower than the $0.0010 rate that
would be applicable without the cap (i.e., once a member organization
reaches the cap, its per-transaction rate thereafter will be zero and
its marginal rate [sic] will decrease for each additional transaction
at the open thereafter). The proposed new rate for the fee and the
corresponding new level for the fee cap are also reasonable because
they are comparable to those for executions at the opening on other
markets.\8\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release Nos. 60436 (August 5,
2009), 74 FR 40252 (August 11, 2009) (SR-NYSE-2009-77); and 66600
(March 14, 2012), 77 FR 16298 (March 20, 2012) (SR-NYSE-2012-07).
    \8\ For example, the Nasdaq Stock Market, LLC (``NASDAQ'')
similarly charges $0.0010 per share for certain orders executed in
the NASDAQ Opening Cross and applies a $20,000 fee cap per month per
firm for such executions. See NASDAQ Rule 7018(e).
---------------------------------------------------------------------------

    The proposed new rate of $0.0010 for the fee and the increased fee
cap of $20,000 are equitable and not unfairly discriminatory because,
even at such increased levels, this pricing would continue to encourage
robust levels of liquidity at the opening, which benefits all market
participants. This pricing is also equitable and not unfairly
discriminatory because it would apply equally to all similarly situated
member organizations.\9\
---------------------------------------------------------------------------

    \9\ As noted in note 1 [sic] above, DMM executions at the
opening would continue to not be charged. The Exchange believes that
this is reasonable because of the liquidity-providing function that
DMMs serve. This is also equitable and not unfairly discriminatory
because DMMs are subject to certain obligations to which other
members and member organizations are not.
---------------------------------------------------------------------------

    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\10\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, the Exchange believes that the proposed
change would contribute to the Exchange's market quality and ultimately
competition. The proposed change would also lead to increased
competition among execution venues, including by permitting the
Exchange to compete with other markets that apply comparable pricing
for executions at the opening.\11\ The proposed change also would not
impose any burden on competition among market participants. Instead,
the pricing for executions at the opening would remain at relatively
low levels and would continue to reflect the benefit that market
participants receive through the ability to have their orders interact
with other liquidity at the opening.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(8).
    \11\ See supra note 8.
---------------------------------------------------------------------------

    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees and rebates to remain competitive with other exchanges and
with alternative trading systems that have been exempted from
compliance with the statutory standards applicable to exchanges.
Because competitors are free to modify their own fees and credits in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited. As a result of all of these considerations, the
Exchange does not believe that the proposed changes will impair the
ability of member organizations or competing order execution venues to
maintain their competitive standing in the financial markets.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \12\ of the Act and subparagraph (f)(2) of Rule
19b-4 \13\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).

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

    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B)\14\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSE-2014-18 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2014-18. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2014-18 and should be
submitted on or before May 2, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Kevin M. O'Neill,
Deputy Secretary.
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2014-08125 Filed 4-10-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Notices]
[Pages 22022-22023]
[FR Doc No: 2013-08551]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Aeronautical
Chart Point of Sale Survey

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval for to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on November 30, 2012, vol. 77, no. 231, pages 71472-71473.
Aeronautical Chart Point of Sale Survey data will be used by the
Federal Aviation Administration to measure management objectives and
analyze customer feedback for ISO-9001.

DATES: Written comments should be submitted by May 13, 2013.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0741.
    Title: Aeronautical Chart Point of Sale Survey.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an information collection.
    Background: The Aviation System Standards Distribution
Dissemination Quality Plan states that the organization shall
determine, collect, and analyze appropriate data to demonstrate the
suitability and effectiveness of the Quality Management System in
relation to customer satisfaction. The Glenn Dale Distribution Center
collects the customer feedback for Aviation System Standards Quality
Management objectives. To accomplish the research objectives, Customers
receive an email with a web link to an anonymous and voluntary survey
twice a year. This information is used by Aviation System Standards to
help evaluate current aeronautical product customer service at the
point of sale.
    Respondents: An estimated 320 aeronautical product customers.
    Frequency: This information is collected semi-annually.
    Estimated Average Burden per Response: 5 minutes.
    Estimated Total Annual Burden: 53 hours.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC
20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC on April 3, 2013.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, AES-200.
[FR Doc. 2013-08551 Filed 4-11-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Rules and Regulations]
[Pages 55614-55617]
[FR Doc No: 2018-24239]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0404; Product Identifier 2018-NE-15-AD; Amendment
39-19468; AD 2018-21-10]
RIN 2120-AA64

Airworthiness Directives; International Aero Engines (IAE)
Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
International Aero Engines (IAE) PW1133G-JM, PW1133GA-JM, PW1130G-JM,
PW1127G-JM, PW1127GA-JM, PW1127G1-JM, PW1124G-JM, PW1124G1-JM, and
PW1122G-JM turbofan engines. This AD was prompted by reports of in-
flight engine shutdowns and aborted take-offs as the result of certain
parts affecting the durability of the rear high-pressure compressor
(HPC) rotor hub knife edge seal. This AD requires replacing the
diffuser case air seal assembly, the high-pressure turbine (HPT) 2nd-
stage vane assembly, and the HPT 2nd-stage borescope stator vane
assembly with parts eligible for installation. We are issuing this AD
to address the unsafe condition on these products.

DATES: This AD is effective December 12, 2018.

ADDRESSES: For service information identified in this final rule,
contact International Aero Engines, 400 Main Street, East Hartford, CT,
06118; phone:<PHONE_NUMBER>; email: [email protected]; internet: http://fleetcare.pw.utc.com. You may view this service information at the FAA,
Engine and Propeller Standards Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2018-0404.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0404; 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 final rule, the regulatory evaluation, any comments received, and
other

information. The address for Docket Operations (phone:<PHONE_NUMBER>) is
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kevin M. Clark, Aerospace Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone:
781-238-7088; fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all IAE PW1133G-JM,
PW1133GA-JM, PW1130G-JM, PW1127G-JM, PW1127GA-JM, PW1127G1-JM, PW1124G-
JM, PW1124G1-JM, and PW1122G-JM turbofan engines. The NPRM published in
the Federal Register on June 11, 2018 (83 FR 26887). The NPRM was
prompted by reports of in-flight engine shutdowns and aborted take-offs
as the result of certain parts affecting the durability of the rear HPC
rotor hub knife edge seal. The NPRM proposed to require replacing the
diffuser case air seal assembly, the HPT 2nd-stage vane assembly, and
the HPT 2nd-stage borescope stator vane assembly with parts eligible
for installation. We are issuing this AD to address the unsafe
condition on these products.

Comments

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

Request To Change Compliance Time

    Air Line Pilots Association, International (ALPA) requested that
paragraph (g) of this AD be changed to indicate by which cycle, hour,
or date the ``engine shop visit'' and associated actions must be
accomplished. ALPA stated that ``at the next engine shop visit'' is not
prescriptive enough to ensure that affected parts are identified and
removed from service within a timely manner.
    We disagree. We determined that removal of the affected parts at
the next engine shop visit resolves the unsafe condition within our
risk guidelines. Therefore, we did not change this AD.

Request To Clarify Applicability

    ALPA requested that we clarify whether engines repaired per
paragraph (g) of this AD would be considered ``affected engines'' as
described in AD 2018-04-01 (83 FR 6791, February 15, 2018), and what
operational restrictions, if any, would exist on the engines repaired.
    We partially agree. We agree that engines repaired per paragraph
(g) of this AD are not ``affected engines'' as described in AD 2018-04-
01. We disagree that adding clarification in paragraph (g) of this AD
is necessary, because we released a Global Alternative Method of
Compliance (AMOC) to paragraph (h) of AD 2018-04-01 (83 FR 6791,
February 15, 2018). The Global AMOC removed the operational
restrictions on an affected engine if Pratt & Whitney (PW) Alert
Service Bulletin (ASB) PW1000G-C-72-00-0099-00A-930A-D, Issue No. 002,
dated March 15, 2018 procedures were performed and the affected parts
removed. Therefore, we did not change the AD.

Request To Clarify Affected Engine Serial Numbers (ESNs)

    European Aviation Safety Agency (EASA) requested that we explain
why paragraph (c) of this AD is limited to affected engines with ESNs
P770450 to P770614, inclusive. EASA noted that PW ASB PW1000G-C-72-00-
0099-00A-930A-D, Issue No. 002, dated March 15, 2018 identifies a
substantially larger population, P770101 to P770614 inclusive, of
affected engines.
    We limited this AD to ESNs P770450 to P770614 because the affected
part numbers are not known to be installed in earlier engine models.
Therefore, we did not change this AD.

Request To Limit Applicability

    All Nippon Airways requested that we limit the paragraph (c) of
this AD to affected engines with diffuser case air seal assembly, part
number (P/N) 30G4993-01, the HPT 2nd-stage vane assembly, P/N 30G7572,
and HPT 2nd-stage borescope stator vane assembly, P/N 30G7672,
installed.
    We agree. We revised the paragraph (c) of this AD to list only
those engines with ESNs P770450 through P770614 with diffuser case air
seal assembly, P/N 30G4993-01; HPT 2nd-stage vane assembly, P/N
30G7572; and HPT 2nd-stage borescope stator vane assembly, P/N 30G7672,
installed.

Request To Clarify Method of Compliance

    Hawaiian Airlines stated engines that have incorporated PW ASB
PW1000G-C-72-00-0099-00A-930A-D, Issue No. 002, dated March 15, 2018,
or later revisions, should be shown as having complied with this AD.
    We agree. PW ASB PW1000G-C-72-00-0099-00A-930A-D, Issue No. 002,
dated March 15, 2018 can be used as a method to comply with paragraph
(g) of this AD, because it requires removing and replacing the affected
part numbers.

Request To Clarify How To Demonstrate Compliance

    Hawaiian Airlines stated that complying with this AD would require
removal of the diffuser case air seal assembly, P/N 30G4993-01; the HPT
2nd-stage vane assembly, P/N 30G7572; and the HPT 2nd-stage borescope
stator vane assembly, P/N 30G7672 at the next engine shop visit.
However, none of these P/Ns are individually documented by IAE or PW,
either upon delivery or on maintenance, repair, and overhaul (MRO)
documentation. Therefore, it would be difficult to demonstrate
compliance with paragraph (g) of this AD.
    We disagree. The operator must verify that their products comply
with paragraph (g) of this AD. If overhaul facilities are used to
perform maintenance, then documentation of the work completed must be
provided to the operator to verify compliance with paragraph (g) of
this AD. Therefore, we did not change this AD.

Request To Explain Differences in Applicability Between AD and Service
Information

    EASA requested that we explain why this AD applies to more engine
models than PW ASB PW1000G-C-72-00-0099-00A-930A-D, Issue No. 002,
dated March 15, 2018.
    We disagree. This AD applies to all IAE PW1133G-JM, PW1133GA-JM,
PW1130G-JM, PW1127G-JM, PW1127GA-JM, PW1127G1-JM, PW1124G-JM, PW1124G1-
JM, and PW1122G-JM turbofan engines, because they are approved under
type certificate, E00087EN. The PW ASB PW1000G-C-72-00-0099-00A-930A-D,
Issue No. 002, dated March 15, 2018 only applies to PW1100G-JM engine
models that are currently in service. Therefore, we did not change this
AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the changes described previously. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and

     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information

    We reviewed PW ASB PW1000G-C-72-00-0099-00A-930A-D, Issue No. 002,
dated March 15, 2018. This ASB describes procedures for the
disassembly, removal, and replacement of the diffuser case air seal
assembly, P/N 30G4993-01; the HPT 2nd-stage vane assembly, P/N 30G7572;
and the HPT 2nd-stage borescope stator vane assembly, P/N 30G7672.

Interim Action

    We consider this AD interim action. The manufacturer is currently
developing a modification that will address the unsafe condition
identified in this AD. Once this modification is developed, approved,
and available, we might consider additional rulemaking.

Costs of Compliance

    We estimate that this AD affects 16 engines installed on airplanes
of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Removing and replacing parts..........  0 work-hours x $85 per           $44,000         $44,000        $704,000
                                         hour = $0.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2018-21-10 International Aero Engines: Amendment 39-19468; Docket
No. FAA-2018-0404; Product Identifier 2018-NE-15-AD.

(a) Effective Date

    This AD is effective December 12, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to International Aero Engines (IAE) PW1133G-JM,
PW1133GA-JM, PW1130G-JM, PW1127G-JM, PW1127GA-JM, PW1127G1-JM,
PW1124G-JM, PW1124G1-JM, and PW1122G-JM turbofan engines with engine
serial numbers (ESNs) P770450 through P770614, and with diffuser
case air seal assembly part number (P/Ns) 30G4993-01, high-pressure
turbine (HPT) 2nd-stage vane assembly, P/N 30G7572, or HPT 2nd-stage
borescope stator vane assembly, P/N 30G7672, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7230, Turbine Engine
Compressor Section.

(e) Unsafe Condition

    This AD was prompted by reports of in-flight engine shutdowns
and aborted take-offs that were the result of a failed knife edge
seal on affected engines with ESNs P770450 through P770614. We are
issuing this AD to prevent failure of the rear high-pressure
compressor rotor hub knife edge seal. The unsafe condition, if not
addressed, could result in failure of one or more engines, loss of
thrust control, and loss of the airplane.

(f) Compliance

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

(g) Required Actions

    At the next engine shop visit after the effective date of this
AD, do the following:
    (1) Remove from service the diffuser case air seal assembly, P/N
30G4993-01, and replace with a part eligible for installation.
    (2) Remove from service the HPT 2nd-stage vane assembly, P/N
30G7572, and replace with a part eligible for installation.
    (3) Remove from service HPT 2nd-stage borescope stator vane
assembly, P/N 30G7672, and replace with a part eligible for
installation.

(h) Definition

    For the purpose of this AD, an ''engine shop visit'' is the
induction of an engine into the shop for maintenance involving the

separation of pairs of major mating engine flanges (lettered
flanges). The separation of engine flanges solely for the purpose of
transportation of the engine without subsequent engine maintenance
does not constitute an engine shop visit.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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
certification office, send it to the attention of the person
identified in paragraph (j) of this AD. You may email your request
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.

(j) Related Information

    For more information about this AD, contact Kevin M. Clark,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

(k) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on October 31, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2018-24239 Filed 11-6-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 152 (Tuesday, August 9, 2022)]
[Notices]
[Pages 48488-48490]
[FR Doc No: 2022-17058]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-D-0530]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Q-Submission Program for Medical Devices

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on information collections associated with the
Q-Submission Program for medical devices.

DATES: Either electronic or written comments on the collection of
information must be submitted by October 11, 2022.

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

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2012-D-0530 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Q-Submission Program for Medical
Devices.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket

and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

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

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

Q-Submissions Program for Medical Devices

OMB Control Number 0910-0756--Revision

    The guidance entitled ``Requests for Feedback and Meetings for
Medical Device Submissions: The Q-Submission Program'' (https://www.fda.gov/media/114034/download) provides an overview of the
mechanisms available to submitters through which they can request
feedback from, or a meeting with, FDA regarding certain potential or
planned medical device submissions reviewed by the Center for Devices
and Radiological Health (CDRH) and the Center for Biologics Evaluation
and Research (CBER). The guidance provides recommendations regarding
certain types of Q-Submissions, such as Pre-Submissions, Submission
Issue Requests, Study Risk Determinations, Informational Meetings, and
other Q-Submission types and other uses of the Q-Submission Program.
    Respondents are medical device manufacturers subject to FDA's laws
and regulations. FDA's annual estimate of 3,700 submissions is based on
recent trends. FDA's administrative and technical staffs, who are
familiar with Q-Submissions, estimate that an average of 137 hours is
needed to prepare a Q-Submission.

Early Payor Feedback Program

    Prior to submitting a Pre-Submission, medical device sponsors may
request that one or more payor organizations join a Pre-Submission
meeting. Payors include public payors such as Centers for Medicare &
Medicaid Services, private health plans, health technology assessment
groups, and others who provide input into coverage, procurement, and
reimbursement decisions. To facilitate such opportunities to obtain
payor input, FDA provides information about our Early Payor Feedback
Program (EPFP) and a list of current payor participants on our website
(https://www.fda.gov/about-fda/cdrh-innovation/payor-communication-task-force#2). For payors to decide which devices to provide feedback
on, we have developed a voluntary form for manufacturers to provide
basic information regarding their device. This form is shared with the
payors from whom the manufacturer is requesting feedback. We expect
preparation and submission of the form to take no more than 2 hours.

eSTAR for Q-Submissions

    Under section 745A(b) of the Federal Food, Drug, and Cosmetic Act
(FD&C Act) (21 U.S.C. 379k-1(b)), amended by section 207 of the FDA
Reauthorization Act of 2017 (Pub. L. 115-52), and consistent with the
Medical Device User Fee Amendments 2017 (MDUFA IV) Commitment Letter
and the FDA guidance document entitled ``Providing Regulatory
Submissions for Medical Devices in Electronic Format--Submissions Under
Section 745A(b) of the Federal Food, Drug, and Cosmetic Act'' (https://www.fda.gov/media/131064/download), FDA has developed an ``electronic
Submission Template and Resource'' (eSTAR) for Q-submissions to
facilitate the preparation of submissions in electronic format (https://www.fda.gov/medical-devices/how-study-and-market-your-device/voluntary-estar-program). The use of eSTAR for Q-Submissions is
currently voluntary. We assume approximately 40 percent of Q-
Submissions will use eSTAR and that preparation using eSTAR will take
approximately half the time of preparing a submission without using
eSTAR.
    We estimate a setup burden of 5 minutes for new eSTAR users.
Respondents will only need to set up eSTAR the first time they use it.
We note that because some respondents

may have already undergone eSTAR set up for other types of submission,
e.g., premarket notification, fewer respondents may need to undergo
eSTAR setup than estimated.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Number of
                   Activity                       Number of     responses per   Total annual       Average  burden per  response          Total hours
                                                 respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
                             ``Requests for Feedback and Meetings for Medical Device Submissions: The Q-Submission Program''
--------------------------------------------------------------------------------------------------------------------------------------------------------
Q-Submissions:
    CDRH.....................................           2,160               1           2,160  137..................................             295,920
    CBER.....................................              60               1              60  137..................................               8,220
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Q-Submissions Using eSTAR (21 CFR Part 814, Subparts A Through E; Section 745A(b) of the FD&C Act)
--------------------------------------------------------------------------------------------------------------------------------------------------------
CDRH.........................................           1,440               1           1,440  69...................................              99,360
CBER.........................................              40               1              40  69...................................               2,760
eSTAR setup..................................           1,480               1           1,480  0.08 (5 minutes).....................                 118
Manufacturer request to participate in EPFP..              30               1              30  2....................................                  60
                                              ----------------------------------------------------------------------------------------------------------
        Total................................  ..............  ..............  ..............  .....................................             406,438
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Including the EPFP form represents a revision to this information
collection request. Our estimated burden for the information collection
reflects the availability of eSTAR to assist electronic preparation of
Q-submissions and addition of the EPFP form, resulting in an overall
decrease of 85,803 hours.

    Dated: August 2, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-17058 Filed 8-8-22; 8:45 am]
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[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Page 72827]
[FR Doc No: 2010-29688]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0180]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Adoption of Food and Drug
Administration Food Code by Local, State and Tribal Governments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Adoption of FDA Food Code by
Local, State and Tribal Governments'' has been approved by the Office
of Management and Budget (OMB) under the Paperwork Reduction Act of
1995.

FOR FURTHER INFORMATION CONTACT: Denver Presley, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400B,
Rockville, MD 20850,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Federal Register of June 24, 2010 (75
FR 36097), the agency announced that the proposed information
collection had been submitted to OMB for review and clearance under 44
U.S.C. 3507. 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. OMB has now approved the
information collection and has assigned OMB control number 0910-0448.
The approval expires on October 31, 2013. A copy of the supporting
statement for this information collection is available on the Internet
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: November 19, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-29688 Filed 11-24-10; 8:45 am]
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[Federal Register Volume 79, Number 108 (Thursday, June 5, 2014)]
[Notices]
[Page 32568]
[FR Doc No: 2014-13110]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2014-0004; OMB No. 1660-0013]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request; Exemption of State-Owned Properties Under
Self-Insurance Plan

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before July 7, 2014.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 500 C Street SW., Washington, DC 20472-
3100, facsimile number<PHONE_NUMBER>, or email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: Exemption of State-Owned Properties Under Self-Insurance
Plan.
    Type of information collection: Extension, without change, of a
currently approved information collection.
    OMB Number: 1660-0013.
    Form Titles and Numbers: None.
    Abstract: States can request an exemption to the requirement of
purchasing flood insurance on State-owned properties through the
submission of sufficient supporting documentation certifying that the
plan of self-insurance upon which the application for exemption is
based meets or exceed the standards of coverage required for flood and
flood-related hazards.
    Affected Public: State, local, or Tribal Government.
    Estimated Number of Respondents: 20.
    Estimated Total Annual Burden Hours: 5 hours.
    Estimated Cost: The estimated annual cost to respondents for the
hour burden is $8,296. There are no annual costs to respondents
operations and maintenance costs for technical services. There is no
annual start-up or capital costs. The cost to the Federal Government is
$5,355.

    Dated: May 14, 2014.
Charlene D. Myrthil,
Director, Records Management Division, Mission Support Bureau, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2014-13110 Filed 6-4-14; 8:45 am]
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