[Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Rules and Regulations]
[Page 23938-23941]
[DOCID:fr22my09-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0473; Directorate Identifier 2009-CE-027-AD;
Amendment 39-15915; AD 2009-11-05]
RIN 2120-AA64

Airworthiness Directives; Air Tractor, Inc. Models AT-400, AT-
400A, AT-402, AT-402A, AT-402B, AT-502, AT-502A, AT-502B, AT-503A, AT-
602, AT-802, and AT-802A Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) to
supersede AD 2008-10-12, which applies to certain Air Tractor, Inc. AT-
400, AT-500, AT-600, and AT-800 series airplanes. AD 2008-10-12
currently requires repetitively inspecting the engine mounts for
cracks, repairing any crack damage found, and installing gussets as a
terminating action for the repetitive inspections. This AD results from
a report of a Model AT-602 airplane with a crack completely through the
gusset that was installed as required in AD 2008-10-12. Consequently,
this AD would require you to continue repetitively inspecting the
engine mounts for cracks for all previously affected Air Tractor, Inc.
AT-400, AT-500, AT-600, and AT-800 series airplanes with or without
gussets installed, and repairing any crack damage found. We are issuing
this AD to detect and correct cracks in the

engine mount, which could result in failure of the engine mount. This
failure could lead to separation of the engine from the airplane.

DATES: This AD becomes effective on June 1, 2009.
    As of June 12, 2008 (73 FR 25967, May 8, 2008), the Director of the
Federal Register approved the incorporation by reference of Snow
Engineering Co. Service Letter 253, Rev. C, dated April 17,
2008, listed in this AD.
    We must receive any comments on this AD by July 21, 2009.

ADDRESSES: Use one of the following addresses to comment on this AD.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    To get the service information identified in this AD, contact Air
Tractor, Inc., P.O. Box 485, Olney, Texas 76374; telephone: (940) 564-
5616; fax:<PHONE_NUMBER>; Internet: http://www.airtractor.com.
    To view the comments to this AD, go to http://www.regulations.gov.
The docket number is FAA-2009-0473; Directorate Identifier 2009-CE-027-
AD.

FOR FURTHER INFORMATION CONTACT: Andy McAnaul, Aerospace Engineer, FAA,
San Antonio MIDO-43, 10100 Reunion Pl., Ste. 650, San Antonio, Texas
78216, telephone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On April 30, 2008, we issued AD 2008-10-12, Amendment 39-15518 (73
FR 25967) on certain Air Tractor, Inc. AT-400, AT-500, AT-600, and AT-
800 series airplanes to supersede AD 2007-13-17.
    AD 2007-13-17 required you to repetitively inspect the engine mount
for any cracks, repair or replace any cracked engine mount, and report
any cracks found to the FAA.
    AD 2008-10-12 currently:
     Retains the inspection actions of AD 2007-13-17 for Models
AT-602, AT-802, and AT-802A airplanes, including the compliance times
and effective dates;
     Establishes new inspection actions for the AT-400 and AT-
500 series airplanes;
     Incorporates a mandatory terminating action for all
affected airplanes by installing gussets; and
     Terminates the reporting requirement of AD 2007-13-17.
    Since issuing AD 2008-10-12, we received a report of a Model AT-602
airplane with a crack in the engine mount and completely through the
gusset that was installed as a terminating action as required in AD
2008-10-12. This engine mount was reported as having a crack that was
repaired as part of the gusset installation. The mount reportedly
accumulated approximately 1,100 hours time-in-service since being
modified with the gusset.
    Air Tractor, Inc. believes that the crack may have been improperly
repaired during installation of the gusset. Additional procedures may
be necessary to adequately address inspection and repair of cracked
engine mounts and assure proper installation of the gussets.
    This condition, if not corrected, could result in failure of the
engine mount. This failure could lead to separation of the engine from
the airplane.

Relevant Service Information

    Snow Engineering Co. Service Letter 253, Rev. C, dated
April 17, 2008, specified in AD 2008-10-12 is still valid for this AD.

FAA's Determination and Requirements of This AD

    We are issuing this AD because we evaluated all the information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This AD requires
repetitively inspecting the engine mounts for cracks and repairing any
crack damage found.
    Air Tractor is reviewing the information related to the occurrences
referenced in this AD and may develop additional procedures to
adequately address inspection and repair of cracked engine mounts and
assure proper installation of the gussets that, when incorporated,
would eliminate the need for the repetitive inspections required by
this AD. The FAA will review any modification that is developed,
determine whether it would eliminate the need for the requirements of
this action, and then determine whether additional AD action is
necessary.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
cracks in the engine mounts could result in failure of the engine
mount. Such failure could lead to separation of the engine from the
airplane. Therefore, we determined that notice and opportunity for
public comment before issuing this AD are impracticable and that good
cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and an opportunity for
public comment. We invite you to send any written relevant data, views,
or arguments regarding this AD. Send your comments to an address listed
under the ADDRESSES section. Include the docket number ``FAA-2009-0473;
Directorate Identifier 2009-CE-027-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD. We will consider
all comments received by the closing date and may amend the AD in light
of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive concerning this AD.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket that contains the AD, the regulatory
evaluation, any comments received, and other information on the
Internet at http://www.regulations.gov; or in person at the Docket
Management Facility between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Office (telephone<PHONE_NUMBER>)
is located at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2008-10-12; Amendment 39-15518 (73 FR 25967, May 8, 2008), and by
adding a new AD to read as follows:

2009-11-05 Air Tractor, Inc.: Amendment 39-15915; Docket No. FAA-
2009-0473; Directorate Identifier 2009-CE-027-AD.

Effective Date

    (a) This AD becomes effective on June 1, 2009.

Affected ADs

    (b) This AD supersedes AD 2008-10-12; Amendment 39-15518.

Applicability

    (c) This AD applies to the following airplane models and serial
numbers that are certificated in any category:

------------------------------------------------------------------------
              Models                             Serial Nos.
------------------------------------------------------------------------
AT-400, AT-400A, AT-402, AT-402A,   -0001 through -1175.
 and AT-402B.
AT-502, AT-502A, AT-502B, and AT-   -0001 through -2597.
 503A.
AT-602............................  -0001 through -1141.
AT-802 and AT-802A................  -0001 through -0227.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD is the result of a report of a Model AT-602 airplane
with a crack completely through the gusset that was installed as
required in AD 2008-10-12. We are issuing this AD to detect and
correct cracks in the engine mount, which could result in failure of
the engine mount. Such failure could lead to separation of the
engine from the airplane.

Compliance

    (e) Inspect the engine mount as follows using the service
information in paragraph (i) of this AD:

------------------------------------------------------------------------
                                 Compliance time
           Models                without Gussets    Compliance time with
                                    installed         Gussets installed
------------------------------------------------------------------------
(1) For all Models AT-400,    Initially and         Initially and
 AT-400A, AT-402, AT-402A,     repetitively as       repetitively as
 AT-402B, AT-502, AT-502B,     follows:              follows:
 and AT-503A airplanes        (i) With less than    (A) With less than
                               5,000 hours time-in-  5,000 hours TIS on
                               service (TIS) on      the airplane:
                               the airplane:         Initially within
                               Initially within      the next 12 months
                               the next 12 months    after June 1, 2009
                               after June 12, 2008   (the effective date
                               (the effective date   of this AD).
                               of AD 2008-10-12).    Repetitively
                               Repetitively          thereafter at
                               thereafter at         intervals not to
                               intervals not to      exceed every 12
                               exceed every 12       months until
                               months until          accumulating 5,000
                               accumulating 5,000    hours TIS;
                               hours TIS;.
                                 (ii) With 5,000    (B) With 5,000 hours
                                  hours TIS or       TIS or more on the
                                  more on the        airplane: Initially
                                  airplane:          upon accumulating
                                  Initially upon     5,000 hours TIS on
                                  accumulating       the airplane or
                                  5,000 hours TIS    within the next 10
                                  on the airplane    hours TIS after
                                  or within the      June 1, 2009 (the
                                  next 10 hours      effective date of
                                  TIS after June     this AD), or within
                                  1, 2009 (the       the next 100 hours
                                  effective date     TIS from the last
                                  of this AD), or    inspection
                                  within the next    performed,
                                  100 hours TIS      whichever occurs
                                  from the last      later. Repetitively
                                  inspection         thereafter at
                                  performed,         intervals not to
                                  whichever occurs   exceed every 100
                                  later.             hours TIS.
                                  Repetitively
                                  thereafter at
                                  intervals not to
                                  exceed every 100
                                  hours TIS..
(2) AT-502A.................  (i) With less than    (i) With less than
                               5,000 hours TIS on    5,000 hours TIS on
                               the airplane:         the airplane:
                               Initially upon        Initially upon
                               accumulating 1,300    accumulating 1,300
                               hours TIS on the      hours TIS on the
                               airplane or within    airplane or within
                               the next 100 hours    the next 100 hours
                               TIS after June 12,    TIS after June 1,
                               2008 (the effective   2009 (the effective
                               date of AD 2008-10-   date of this AD),
                               12), whichever        whichever occurs
                               occurs later.         later. Repetitively
                               Repetitively          thereafter at
                               thereafter at         intervals not to
                               intervals not to      exceed every 300
                               exceed every 300      hours TIS.
                               hours TIS.

                              (ii) With 5,000       (ii) With 5,000
                               hours TIS or more     hours TIS or more
                               on the airplane:      on the airplane:
                               Initially upon        Initially upon
                               accumulating 5,000    accumulating 5,000
                               hours TIS on the      hours TIS on the
                               airplane or within    airplane or within
                               the next 10 hours     the next 10 hours
                               TIS after June 1,     TIS after June 1,
                               2009 (the effective   2009 (the effective
                               date of this AD),     date of this AD),
                               or within the next    or within the next
                               100 hours TIS from    100 hours TIS from
                               the last inspection   the last inspection
                               performed,            performed,
                               whichever occurs      whichever occurs
                               later. Repetitively   later. Repetitively
                               thereafter at         thereafter at
                               intervals not to      intervals not to
                               exceed every 100      exceed every 100
                               hours TIS.            hours TIS.
(3) AT-602, AT-802, and AT-   (i) With less than    (i) With less than
 802A.                         5,000 hours TIS on    5,000 hours TIS on
                               the airplane:         the airplane:
                               Initially upon        Initially upon
                               accumulating 1,300    accumulating 1,300
                               hours TIS on the      hours TIS on the
                               airplane or within    airplane or within
                               the next 100 hours    the next 100 hours
                               TIS after August      TIS after June 1,
                               10, 2007 (the         2009 (the effective
                               effective date of     date of this AD),
                               AD 2007-13-17),       whichever occurs
                               whichever occurs      later. Repetitively
                               later. Repetitively   thereafter at
                               thereafter at         intervals not to
                               intervals not to      exceed every 300
                               exceed every 300      hours TIS.
                               hours TIS.
                              (ii) With 5,000       (ii) With 5,000
                               hours TIS or more     hours TIS or more
                               on the airplane:      on the airplane:
                               Initially upon        Initially upon
                               accumulating 5,000    accumulating 5,000
                               hours TIS on the      hours TIS on the
                               airplane or within    airplane or within
                               the next 10 hours     the next 10 hours
                               TIS after June 1,     TIS after June 1,
                               2009 (the effective   2009 (the effective
                               date of this AD),     date of this AD),
                               or within the next    or within the next
                               100 hours TIS from    100 hours TIS from
                               the last inspection   the last inspection
                               performed,            performed,
                               whichever occurs      whichever occurs
                               later. Repetitively   later. Repetitively
                               thereafter at         thereafter at
                               intervals not to      intervals not to
                               exceed every 100      exceed every 100
                               hours TIS.            hours TIS.
------------------------------------------------------------------------

    (f) For all airplanes: Before further flight after any
inspection required by paragraph (e)(1), (e)(2), and (e)(3) of this
AD where crack damage is found, replace with a new engine mount or
repair the engine mount.
    (1) If choosing repair, return cracked mounts to Air Tractor,
Inc. for repair or obtain FAA-approved written repair instructions
coordinated with Air Tractor, Inc. before starting the repair.
    (2) Contact Air Tractor, Inc., P.O. Box 485, Olney, Texas 76374;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Internet: http://
www.airtractor.com, for specific FAA-approved repair/replacement
instructions.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Fort Worth Airplane Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Andy
McAnaul, Aerospace Engineer, ASW-150, FAA San Antonio MIDO-43, 10100
Reunion Place, Suite 650, San Antonio, Texas 78216; phone: (210)
308-3365; fax:<PHONE_NUMBER>. Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (h) AMOCs approved for AD 2008-10-12 are not approved for this
AD.

Material Incorporated by Reference

    (i) You must use Snow Engineering Co. Service Letter
253, Rev. C, dated April 17, 2008, to do the actions
required by this AD, unless the AD specifies otherwise.
    (1) As of June 12, 2008 (73 FR 25967), the Director of the
Federal Register approved the incorporation by reference of Snow
Engineering Co. Service Letter 253, Rev. C, dated April 17,
2008, under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact Air
Tractor Inc., P.O. Box 485, Olney, Texas 76374; telephone: (940)
564-5616; fax:<PHONE_NUMBER>.
    (3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_
of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on May 15, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-11902 Filed 5-21-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Notices]
[Pages 58600-58601]
[FR Doc No: 2017-26893]

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ENVIRONMENTAL PROTECTION AGENCY

[Docket ID No. EPA-HQ-ORD-2013-0357; FRL-9971-90-ORD]

Integrated Science Assessment for Sulfur Oxides--Health Criteria

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: EPA is announcing the availability of a final document titled,
``Integrated Science Assessment for Sulfur Oxides--Health Criteria''
(EPA/600/R-17/451). The document was prepared by the National Center
for Environmental Assessment (NCEA) within EPA's Office of Research and
Development (ORD) as part of the review of the primary (health-based)
National Ambient Air Quality Standards (NAAQS) for sulfur oxides
(SOX). This Integrated Science Assessment (ISA) provides a
comprehensive review, synthesis, and evaluation of the most policy-
relevant science to serve as the scientific foundation for EPA's review
of the current primary NAAQS for SOX.\1\ EPA is developing a
separate ISA as part of an independent review for the

secondary (welfare-based) NAAQS for oxides of nitrogen and sulfur.
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    \1\ Sulfur dioxide (SO2) is the indicator for the
current primary NAAQS, so it is also commonly referred to as the
primary SO2 NAAQS.

DATES: The ``Integrated Science Assessment for Sulfur Oxides--Health
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Criteria'' will be available on or before December 14, 2017.

ADDRESSES: The ``Integrated Science Assessment for Sulfur Oxides--
Health Criteria'' will be available primarily via the internet on EPA's
Integrated Science Assessment for Sulfur Oxides (Health Criteria) home
page at http://www2.epa.gov/isa/integrated-science-assessment-isa-sulfur-dioxide-health-criteria or the public docket at http://www.regulations.gov, Docket ID: EPA-HQ-ORD-2013-0357. A limited number
of CD-ROM copies will be available. Contact Ms. Marieka Boyd by phone:
919-541-0031; fax:<PHONE_NUMBER>; or email: [email protected] to
request a CD-ROM, and please provide your name, your mailing address,
and the document title, ``Integrated Science Assessment for Sulfur
Oxides--Health Criteria'' to facilitate processing of your request.

FOR FURTHER INFORMATION CONTACT: For technical information, contact Dr.
Tom Long, NCEA; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; or email:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Information About the Document

    Section 108(a) of the Clean Air Act directs the Administrator to
identify certain pollutants which, among other things, ``cause or
contribute to air pollution which may reasonably be anticipated to
endanger public health or welfare'' and to issue air quality criteria
for them. These air quality criteria are to ``accurately reflect the
latest scientific knowledge useful in indicating the kind and extent of
all identifiable effects on public health or welfare which may be
expected from the presence of [a] pollutant in the ambient air . . .
.'' Under section 109 of the Act, EPA is then to establish NAAQS for
each pollutant for which EPA has issued criteria. Section 109(d) of the
Act subsequently requires periodic review and, if appropriate, revision
of existing air quality criteria to reflect advances in scientific
knowledge on the effects of the pollutant on public health or welfare.
EPA is also required to periodically review and, if appropriate, revise
the NAAQS, based on the revised air quality criteria (for more
information on the NAAQS review process, see https://www.epa.gov/naaqs).
    Sulfur oxides are one of six criteria pollutants for which EPA has
established NAAQS. Periodically, EPA reviews the scientific basis for
these standards by preparing an ISA (formerly called an Air Quality
Criteria Document). The ISA provides a comprehensive review, synthesis,
and evaluation of the most policy-relevant science to serve as the
scientific foundation for EPA's review of the current primary NAAQS for
SOX. The Clean Air Scientific Advisory Committee (CASAC), an
independent science advisory committee whose review and advisory
functions are mandated by Section 109(d)(2) of the Clean Air Act, is
charged (among other things) with independent scientific review of the
EPA's air quality criteria.
    On May 10, 2013 (78 FR 27387), EPA formally initiated its current
review of the air quality criteria for the health effects of sulfur
oxides and the primary (health-based) NAAQS for SOX,
requesting the submission of recent scientific information on specified
topics. EPA held a workshop on June 12-13, 2013, to gather input from
invited scientific experts, both internal and external to EPA, as well
as from the public, regarding key science and policy issues relevant to
the review of the health effects of sulfur oxides and the primary NAAQS
for SOX (78 FR 27387). These science and policy issues were
incorporated in EPA's ``Integrated Review Plan for the Primary National
Ambient Air Quality Standard for Sulfur Dioxide'' (EPA-452/R-14-007),
which was finalized in October 2014 (79 FR 66721) with a prior draft
available for public comment (79 FR 14035) and discussion by the CASAC
via publicly accessible teleconference consultations (79 FR 16325, 79
FR 30137, 79 FR 34739). On June 23-24, 2014, EPA held a workshop to
discuss, with invited internal and external scientific experts, initial
draft materials prepared in the development of the ISA (79 FR 33750).
EPA considered comments on these draft materials in preparing the first
external review draft of the ISA, which was released on November 24,
2015 (80 FR 73183). The first draft ISA was discussed at a public CASAC
meeting on January 27-28, 2016 (80 FR 79330). Subsequently, on April
15, 2016, the CASAC provided a consensus letter to the EPA
Administrator summarizing their review (https://yosemite.epa.gov/sab/
sabproduct.nsf/4620a620d0120f93852572410080d786/
8DEC36A7E2A54BA485257F9600667D81/$File/EPA-CASAC+2016-
002+Unsigned.pdf). The second draft ISA was then developed with
consideration of comments from the CASAC and the public, and includes
consideration of scientific studies published through September 2016
(81 FR 89097). The CASAC panel met at a public meeting on March 20-21,
2017, to review the second draft ISA (82 FR 11449). Subsequently, on
June 30, 2017, the CASAC provided a consensus letter for their review
to the EPA Administrator (https://yosemite.epa.gov/sab/sabproduct.nsf/
4620a620d0120f93852572410080d786/88CD26BC35A8C8688525814F004D86EC/
$File/EPA-CASAC-17-003.pdf). The letters from CASAC, as well as public
comments received on the ISA drafts, can be found in Docket ID No. EPA-
HQ-ORD-2013-0357.
    EPA has considered comments by the CASAC panel and by the public in
preparing this final ISA.

    Dated: November 29, 2017.
Tina Bahadori,
Director, National Center for Environmental Assessment.
[FR Doc. 2017-26893 Filed 12-12-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 27, 2008 (Volume 73, Number 208)]
[Notices]
[Page 63749-63750]
[DOCID:fr27oc08-101]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58828; File No. SR-CBOE-2008-107]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend CBOE Rules Relating to the Minimum Size
Requirement for Quotations

October 21, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 14, 2008, the Chicago Board Options Exchange,
Incorporated (the ``Exchange'' or ``CBOE'') filed with the Securities
and Exchange Commission (the ``Commission'') the proposed rule change
as described in Items I, II and III below, which Items have been
prepared by the Exchange. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ 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\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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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 rules pertaining to the minimum
size requirement for quotations. The text of the proposed rule change
is available on the Exchange's Web site (http://www.cboe.org/Legal), at
the Exchange's Office of the Secretary and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    CBOE proposes to amend its rules pertaining to the minimum size
requirement for quotations. Currently, the initial size of a Market-
Maker's, DPM's or LMM's electronic quotation must be for at least 10
contracts, unless the underlying primary market is disseminating a 100-
share quote. In that case, the quote size can be as low as one
contract.\5\ In open outcry, the minimum quotation size is ten
contracts for non-broker-dealer orders and one contract for broker-
dealer orders. (See, e.g., CBOE Rules 8.7, 8.14, and 8.15A.)
---------------------------------------------------------------------------

    \5\ Pursuant to Rule 6.2B, if the underlying primary market
disseminates less than a 1000-share quote immediately prior to the
time an opening quote is submitted, the opening quote may be for as
low as one contract.
---------------------------------------------------------------------------

    CBOE proposes to amend its rules to allow the Exchange to set a
minimum quotation size requirement for electronic and open outcry
quotes on a class by class basis, provided the minimum set by the
Exchange is at least one contract.\6\ CBOE would not impose a minimum
quotation size requirement greater than 10 contracts. With respect to
trading in open outcry, the minimum quotation size requirement could be
different for non-broker-dealer orders and broker-dealer orders as is
currently the case.
---------------------------------------------------------------------------

    \6\ The minimum quotation size determined by CBOE might vary
depending on the quotation size disseminated by the underlying
primary market, as is currently permitted.
---------------------------------------------------------------------------

    Although CBOE at this time does not anticipate lowering the minimum
quotation size requirement from its current level of 10 contracts to
one

contract, it believes it should have the flexibility to change the
minimum size requirement on a class by class basis depending on market
conditions and the trading and liquidity in a particular option class
and its underlying security. CBOE notes that the minimum quotation size
requirement for market-makers on NYSEArca and the Nasdaq Options Market
is only one contract. (See NYSEArca Rule 6.37B and Nasdaq Options
Market Rule Section 6(a).) As a result, CBOE believes the proposed rule
change is based on and similar to the rules of other options exchanges.
    CBOE also proposes to make a technical change to Rule 6.2B,
Interpretation .03 to delete the reference to RMM, which CBOE
previously deleted from its rules.
2. Statutory Basis
    The proposed rule change would permit the Exchange to set a minimum
quotation size requirement on a class by class basis, provided the
minimum size is at least one contract. CBOE believes that this
flexibility will enable the Exchange to take into consideration market
conditions and the trading and liquidity in a particular option class
and its underlying security. As a result, the Exchange believes the
proposed rule change is consistent with the Securities Exchange Act of
1934 and the rules and regulations under the Act applicable to a
national securities exchange and, in particular, the requirements of
Section 6(b) of the Act.\7\ Specifically, the Exchange believes the
proposed rule change is consistent with the Section 6(b)(5) Act \8\
requirements that the rules of an exchange be designed to promote just
and equitable principles of trade, to prevent fraudulent and
manipulative acts and, in general, to protect investors and the public
interest.
---------------------------------------------------------------------------

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

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

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

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Because the foregoing rule 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 if consistent with the protection of investors
and the public interest, provided that the self-regulatory organization
has given the Commission written notice of its intent to file the
proposed rule change at least five business days prior to the date of
filing of the proposed rule change or such shorter time as designated
by the Commission, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6)
thereunder.\10\ At any time within 60 days of the filing of such
proposed rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
under the Act requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the date of filing
of the proposed rule change, or such shorter time as designated by
the Commission. The Exchange has satisfied this notice requirement.
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2008-107 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-CBOE-2008-107. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2008-107 and should be
submitted on or before November 17, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-25537 Filed 10-24-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Rules and Regulations]
[Pages 73906-73908]
[FR Doc No: 2012-28432]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0501; Directorate Identifier 2009-SW-083-AD;
Amendment 39-17258; AD 2012-23-02]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta
S.p.A. (Agusta) Model A109E and Model A109S helicopters with certain
lower semichannel assemblies installed. This AD requires a one-time
inspection of the lower semichannel assemblies to determine if metallic
spacers are installed. If the metallic spacers are installed, this AD
requires an inspection for the correct installation of the metallic
spacers on the semichannels and for the correct seating of the gaskets.
If the metallic spacers are not installed with rivets, the lower
semichannel assemblies must be modified, and the main drive shaft must
be inspected for damage. This AD was prompted by reports of damage to
the main drive shaft caused by improperly secured metallic spacers on
some A109 model helicopters. The actions of this AD are intended to
detect missing spacer rivets, which could allow the metallic spacers to
rotate and lead to damage and failure of the main drive shaft, and
subsequent loss of helicopter control.

DATES: This AD is effective January 16, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of January 16,
2013.

ADDRESSES: For service information identified in this AD, contact
Agusta Westland, Customer Support & Services, Via Per Tornavento 15,
21019 Somma Lombardo (VA) Italy, ATTN: Giovanni Cecchelli; telephone
39-0331-711133; fax 39 0331 711180; or at http://www.agustawestland.com/technical-bullettins. You may review the
referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://

www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, any incorporated-by-reference
service information, the economic evaluation, any comments received,
and other information. The street address for the Docket Operations
Office (phone:<PHONE_NUMBER>) is U.S. Department of Transportation,
Docket Operations Office, M-30, West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Jim Grigg, Manager, Safety Management
Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth,
Texas 76137; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On May 22, 2012, at 77 FR 30234, the Federal Register published our
notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR
part 39 to include an AD that would apply to Model A109E helicopters,
up to and including serial number (S/N) 11694, except 11633 and 11634;
and Model A109S helicopters, up to and including S/N 22034, except
22026 and 22033; with lower semichannel assemblies, part number (P/
N)109-0641-10-213 or 109-0642-01-171, installed. That NPRM proposed to
require a one-time inspection of the lower semichannel assemblies to
determine if metallic spacers are installed. If the metallic spacers
are installed, the AD proposed to require an inspection for the correct
installation of the metallic spacers and correct seating of the
gaskets. If the metallic spacers are installed without rivets, the AD
proposed to require modification of the lower semichannel assemblies
and inspection of the main drive shaft for damage. The proposed
requirements were intended to detect missing spacer rivets, which could
allow the metallic spacers to rotate and lead to damage and failure of
the main drive shaft, and subsequent loss of helicopter control.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Emergency AD No. 2007-0192-E, dated July 13, 2007 (EAD 2007-0192-E), to
correct an unsafe condition for certain serial-numbered Agusta Model
A109E, A109S, and A109LUH helicopters with lower semichannel
assemblies, P/N 109-0641-10-213 or 109-0642-01-171, installed. EASA
advises that some cases of interference between the metallic spacer, P/
N 109-0642-01-195, and the main drive shaft, P/N 109-0415-06-103, have
been detected on the Model A109LUH helicopter, a military version of
the Model A109 helicopter that is not type certificated in the U.S.,
and that this interference has damaged the main drive shaft. EASA
advises that this condition, if not corrected, could lead to failure of
the main drive shaft ``with significant effects on the safety of the
helicopter.''

Comments

    We gave the public the opportunity to participate in developing
this AD, but we received no comments on the NPRM (77 FR 30234, May 22,
2012).

FAA's Determination

    These helicopters have been approved by the aviation authority of
Italy and are approved for operation in the United States. Pursuant to
our bilateral agreement with Italy, EASA, its technical representative,
has notified us of the unsafe condition described in the EASA AD. We
are issuing this AD because we evaluated all information provided by
EASA and determined the unsafe condition exists and is likely to exist
or develop on other helicopters of these same type designs and that air
safety and the public interest require adopting the AD requirements as
proposed.

Differences Between This AD and the EASA AD

    This AD differs from the EASA AD as follows:
     This AD is not applicable to A109LUH model helicopters
because they are not type certificated for use in the United States;
     This AD does not require compliance ``not later than
September 30, 2007'' because that date has passed;
     This AD uses the term ``hours time-in-service'' rather
than ``flight hours'' when referring to compliance times; and
     This AD does not contain the steps necessary to install
the main drive shaft.

Related Service Information

    Agusta has issued Mandatory Alert Bollettino Tecnico No. 109EP-79,
dated July 12, 2007 (BT 109EP-79), which applies to certain S/Ns of the
model A109E helicopter, and Mandatory Alert Bollettino Tecnico No.
109S-15, dated July 12, 2007 (BT 109S-15), which applies to certain S/
Ns of the model A109S helicopter. Both BT 109EP-79 and BT 109S-15
specify performing an inspection on the left side and right side lower
semichannel assemblies to determine if metallic spacers are installed.
If the metallic spacers are installed, BT 109EP-79 and BT 109S-15
specify inspecting the metallic spacers for correct installation,
inspecting the gaskets for correct seating, modifying the semichannel
assemblies by installing missing rivets, and inspecting the main drive
shaft for damage if the metallic spacers are installed without rivets.

Costs of Compliance

    We estimate that this AD will affect about 90 helicopters of U.S.
registry. We also estimate an average labor rate of $85 per work hour.
Based on these assessments, we calculate the following costs:
     Inspecting the lower semichannel assembly for metallic
spacers will take about 15 minutes for a labor cost of $21 per
helicopter. No parts will be needed, so the total cost for the 90-
helicopter fleet will be $1,890.
     Inspecting for missing rivets will take about three work-
hours for a total labor cost of $255 per helicopter. Parts will cost
$10, increasing the per-helicopter cost to $265.
     Removing, inspecting for damage, and reinstalling the main
drive shaft will take four work-hours for a labor cost of $340. No
parts will be required.
     Replacing the main drive shaft. This task also will take
four work-hours, so that labor costs will again total $340. Parts will
cost $20,824 for a total per-helicopter cost of $21,164.

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 helicopters identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on

the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction; 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.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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):

2012-23-02 Agusta S.p.A.: Amendment 39-17258; Docket No. FAA-2012-
0501; Directorate Identifier 2009-SW-083-AD.

(a) Applicability

    This AD applies to Model A109E helicopters, up to and including
serial number (S/N) 11694, except 11633 and 11634; and Model A109S
helicopters, up to and including S/N 22034, except S/N 22026 and
22033; with lower semichannel assemblies, part number (P/N) 109-
0641-10-213 or 109-0642-01-171, installed; certificated in any
category.
    Note to paragraph (a) of this AD: The lower semichannel
assemblies are sub-components of the forward firewall assembly.

(b) Unsafe Condition

    This AD defines the unsafe condition as missing spacer rivets,
which could allow the metallic spacers to rotate and lead to damage
and failure of the main drive shaft, and subsequent loss of control
of the helicopter.

(c) Effective Date

    This AD becomes effective January 16, 2013.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Within 50 hours time-in-service:
    (1) Inspect the left-side and right-side lower semichannel
assemblies by referring to Figures 1 and 2, and in accordance with
Paragraph 3. of the Compliance Instructions in the Agusta Bollettino
Tecnico (BT) No. 109EP-79 for the Model A109E helicopter, or BT No.
109S-15 for the Model A109S helicopter, both dated July 12, 2007, to
determine if metallic spacers, P/N 109-0642-01-195, are installed.
If metallic spacers are not installed, no further actions are
required.
    (2) For each semichannel assembly with a metallic spacer, remove
the semichannel assembly from the helicopter firewall and note
whether it is the left-side or right-side semichannel assembly.
    (3) Inspect each removed semichannel assembly and determine
whether there is a fixing rivet, P/N MS20427M3-5, MS20426T3-5, or
A298A04TW02, installed that holds the spacer to the lower
semichannel assembly and whether the gasket is properly seated.
    (4) For each semichannel assembly without a fixing rivet on each
side of the lower semichannel assembly or those where the gasket is
improperly seated, separate the lower semichannel from the upper
semichannel, noting the orientation of each spacer and gasket.
Modify the lower semichannel assembly by installing a fixing rivet
on each side of the lower semichannel assembly, and reattaching the
lower and upper semichannel assemblies in accordance with paragraphs
4.2 through 4.7 of the appropriate BT for your model helicopter.
Paragraph 4.2 of the BT states ``remove the fixing rivets''; this AD
changes that provision to ``remove the screws, P/N MS27039-08-05.''
    (5) Inspect each main drive shaft for a nick, a scratch, or
other damage in the semichannel area. If a nick, a scratch, or other
damage is found that exceeds those allowable damage tolerances in
the maintenance manual, replace the main drive shaft with an
airworthy main drive shaft.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Jim Grigg, Manager, Safety
Management Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd.,
Fort Worth, Texas 76137; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in the European Aviation
Safety Agency Emergency AD No. 2007-0192-E, dated July 13, 2007

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 7100, powerplant
system.

(i) 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.
    (i) Agusta Bollettino Tecnico No. 109EP-79, dated July 12, 2007.
    (ii) Agusta Bollettino Tecnico No. 109S-15, dated July 12, 2007.
    (3) For Agusta S.p.A. service information identified in this AD,
contact Agusta Westland, Customer Support & Services, Via Per
Tornavento 15, 21019 Somma Lombardo (VA) Italy, ATTN: Giovanni
Cecchelli; telephone 39-0331-711133; fax 39 0331 711180; or at
http://www.agustawestland.com/technical-bullettins.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas 76137. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on November 6, 2012.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2012-28432 Filed 12-11-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 31, 2009 (Volume 74, Number 60)]
[Notices]
[Page 14598]
[DOCID:fr31mr09-146]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

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

Extension:
    Form SH; OMB Control No. 3235-0646; SEC File No. 270-585.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') has submitted to the Office of Management and Budget a
request for extension of the previously approved collection of
information discussed below.
    Form SH (17 CFR 249.326T) is required to be submitted to the
Commission by institutional investment managers subject to the existing
Form 13F (CFR 249.325) filing requirements on the first business day of
each week in which the institutional investment manager has entered
into any new short positions or closed part or all of any short
positions with respect to any Section 13(f) (15 U.S.C. 78m(f))
securities except for options. The information provided under Form SH
is mandatory and responses will be kept confidential. We estimate that
1,000 institutional investment managers subject to the Form 13F filing
requirements will file Form SH to report the entry into short positions
with respect to Section 13(f) securities. We estimate that each will
file 36 Form SH reports during the nine-month period that Rule 10a-3T
(17 CFR 240.10a-3T) will be in effect. We further estimate that each of
the 1,000 institutional investment managers will spend an average of 20
hours preparing each Form SH. Therefore the estimated total reporting
burden associated with Form SH is 720,000 hours (1,000 respondents x 20
hours per form x 36 forms).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Written comments regarding the above information should be directed
to the following persons: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or send an e-mail to Shagufta_
<EMAIL_ADDRESS>and (ii) Charles Boucher, Director/CIO, Securities
and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way,
Alexandria, VA 22312; or send an e-mail to<EMAIL_ADDRESS>
Comments must be submitted to OMB within 30 days of this notice.

    Dated: March 25, 2009.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-7089 Filed 3-30-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Notices]
[Page 61471]
[DOCID:fr05oc10-76]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-2892-000]

Lavalley Energy, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

September 29, 2010.
    This is a supplemental notice in the above-referenced proceeding of
Lavalley Energy, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 19, 2010.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-24964 Filed 10-4-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Pages 95127-95128]
[FR Doc No: 2016-31096]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC16-17-000]

Commission Information Collection Activities (FERC-551); Comment
Request

AGENCY: Federal Energy Regulatory Commission.

ACTION: Comment request.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, 44 U.S.C. 3507(a)(1)(D), the Federal Energy Regulatory
Commission (Commission or FERC) is submitting its information
collection FERC-551 (Reporting of Flow Volume and Capacity by
Interstate Natural Gas Pipelines) to the Office of Management and
Budget (OMB) for review of the information collection requirements. Any
interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
The Commission previously issued a Notice in the Federal Register (81
FR 70671, 10/13/2016) requesting public comments. The Commission
received no comments on the FERC-551 and is making this notation in its
submittal to OMB.

DATES: Comments on the collection of information are due by January 26,
2017.

ADDRESSES: Comments filed with OMB, identified by the OMB Control No.
1902-0243, should be sent via email to the Office of Information and
Regulatory Affairs<EMAIL_ADDRESS>Attention: Federal Energy
Regulatory Commission Desk Officer.
    A copy of the comments should also be sent to the Commission, in
Docket No. IC16-17-000, by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>by telephone at<PHONE_NUMBER>, and by fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-551, Reporting of Flow Volume and Capacity by
Interstate Natural Gas Pipelines
    OMB Control No.: 1902-0243
    Type of Request: Three-year extension of the FERC-551 information
collection requirements with no changes to the reporting requirements.
    Abstract: The Commission has a statutory requirement to facilitate
price transparency in markets for the sale or transportation of
physical natural gas in interstate commerce, having due regard for the
public interest, the integrity of those markets, fair competition, and
the protection of consumers. FERC-551 uses the information provided by
pipelines as part of its overall implementation of the statutory
provisions of sections 23(a)(1) of the Natural Gas Act, 16 U.S.C. 717t-
2(a)(1); Section 316 of EPAct 2005; section 23 of the Natural Gas Act;
section 1281 of EPAct 2005; and section 220 to the Federal Power Act.
More specifically, the Commission uses the pipelines' FERC-551 postings
as part of fulfilling the transparency provisions of section 23(a)(1)
of the Natural Gas Act as mandated by Congress. FERC relies in part on
section 23(a)(1) of the Natural Gas Act, for authority to collect this
information. The data requirements for pipelines are listed in the Code
of Federal Regulations (CFR) under 18 CFR part 284.13, reporting
requirements for interstate pipelines. The Commission has directed the
data requirements under FERC-551 are to be posted on interstate
pipelines' Web sites and not filed on formatted/printed forms.
    FERC is obligated to prescribe rules for the collection and
dissemination of information regarding the wholesale, interstate
markets for natural gas and electricity. The Commission is authorized
to adopt rules to assure the timely dissemination of information about
the availability and prices of natural gas and natural gas
transportation and electric energy and transmission service in such
markets.
    The posting requirements are based on the Commission's authority
under section 23 of the NGA (as added by the Energy Policy Act of 2005,
EPAct 2005), which directs the Commission, in relevant part, to obtain
and disseminate ``information about the availability and prices of
natural gas at wholesale and in interstate commerce.'' \1\ This
provision enhances the Commission's authority to ensure confidence in
the nation's natural gas markets. The Commission's market-oriented
policies for the wholesale natural gas industry require that interested
persons have broad confidence that reported market prices accurately
reflect the interplay of legitimate market forces. Without confidence
in the efficiency of price formation, the true value of transactions is
very difficult to determine. Further, price transparency facilitates
ensuring that jurisdictional prices are ``just and reasonable.'' \2\
---------------------------------------------------------------------------

    \1\ Section 23(a)(2) of the NGA, 15 U.S.C. 717t-2(a)(2) (2000 &
Supp. V 2005).
    \2\ See sections 4 and 5 of the NGA, 15 U.S.C. 717c and 717d.
---------------------------------------------------------------------------

    The posting for FERC-551 occurs on a daily basis. The data must be
available for download for 90 days and must be retained by the pipeline
for 3 years.
    The Commission uses the daily posting of information by interstate
pipelines to provide information regarding the price and availability
of natural gas to market participants, state commissions, FERC, and the
public. The postings contribute to market transparency by aiding the
understanding of the volumetric/availability drivers behind price
movements and it provides a better picture of disruptions in interstate
natural gas flows.
    Type of Respondents: Interstate Natural Gas Pipelines.
    Estimate of Annual Burden: \3\ The Commission estimates the annual
public reporting burden for the information collection as:
---------------------------------------------------------------------------

    \3\ Burden is defined as 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. For
further explanation of what is included in the information
collection burden, refer to 5 Code of Federal Regulations 1320.3.

                                   FERC-551: Reporting of Flow Volume and Capacity by Interstate Natural Gas Pipelines
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Annual  number                    Average burden &      Total annual
                                    Number of       of responses   Total number of   cost per response    burden hours &       Cost per respondent ($)
                                   respondents     per respondent     responses             \4\          total annual cost
                                            (1)              (2)   (1) * (2) = (3)  (4)...............  (3) * (4) = (5)...  (5) / (1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-551.......................             169              365           61,685   0.5 hrs.; $30.22..  30,842.50 hrs.;     182.5 hrs.; $11,030.30.
                                                                                $1,864,120.70.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
---------------------------------------------------------------------------

    \4\ The estimates for cost per response are derived using the
following formula: Average Burden Hours per Response x $60.44 per
hour = Average Cost per Response. This figure includes wages plus
benefits and comes from the Bureau of Labor Statistics (http://bls.gov/oes/current/naics2_22.htm data from May 2015) using
Management Analyst category code (13-1111).

    Dated: December 20, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-31096 Filed 12-23-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 11, 2008 (Volume 73, Number 239)]
[Rules and Regulations]
[Page 75346-75347]
[DOCID:fr11de08-15]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 112

[EPA-HQ-OPA-2008-0569 FRL-8750-5]
RIN 2050-AG48

Oil Pollution Prevention; Spill Prevention, Control and
Countermeasures Rule; Revisions to the Regulatory Definition of
``Navigable Waters''

AGENCY: Environmental Protection Agency.

ACTION: Correction.

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

SUMMARY: This document makes a correction to the Preamble of the final
rule amending the Oil Pollution Prevention regulation published on
November 26, 2008 (73 FR 71941). The final rule announced the vacatur
of the July 17, 2002 revisions to the Clean Water Act section 311
regulatory definition of ``navigable waters'' in accordance with an
order, issued by the United States District Court for the District of
Columbia (D.D.C.) in

American Petroleum Institute v. Johnson, 541 F.Supp.2d 165 (D.D.C.
2008), invalidating those revisions and restoring the regulatory
definition of ``navigable waters'' promulgated by EPA in 1973. The
final rule amended the definition of ``navigable waters'' in part 112
to comply with that decision.

FOR FURTHER INFORMATION CONTACT: For general information, contact the
Superfund, TRI, EPCRA, RMP and Oil Information Center at<PHONE_NUMBER>
or TDD at<PHONE_NUMBER> (hearing impaired). In the Washington, DC
metropolitan area, contact the Superfund, TRI, EPCRA, RMP and Oil
Information Center at<PHONE_NUMBER> or TDD<PHONE_NUMBER>. For more
detailed information, contact Hugo Paul Fleischman of EPA at 202-564-
1968, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue,
NW., Washington DC 20460-0002, Mail Code 5104A.

Correction

    The Preamble of the final rule E8-28123 published on November 26,
2008, beginning on page 71941 is corrected as follows:
    1. On page 71941, second column, under the heading ``Summary'', the
citation for American Petroleum Institute v. Johnson is corrected to
read ``541 F.Supp.2d 165'' instead of ``571 F.Supp.2d 165''.
    2. On page 71942, third column, first paragraph, the citation for
American Petroleum Institute v. Johnson is corrected to read ``541
F.Supp.2d 165'' instead of ``571 F.Supp.2d 165''.

    Dated: December 4, 2008.
Deborah Y. Dietrich,
Director, Office of Emergency Management.
[FR Doc. E8-29379 Filed 12-10-08; 8:45 am]

BILLING CODE 6560-50-P